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Interim Measures For The Shenzhen Industry Association

Original Language Title: 深圳市行业协会暂行办法

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(Act No. 143 of the People's Government Order No. 143 of 21 June 2005)

Chapter I General
Article 1 regulates the organization and conduct of associations of industry, protects the legitimate rights and interests of industry associations, plays the role of industry associations in the socialist market economy and develops this approach in line with the basic principles of national law, administrative regulations and regulations.
Article 2 refers to legal persons of non-profit economic groups that are legally owned by the same industry, the economic organization of the relevant industry or the same, and the subject of the relevant economic activity.
The industry associations referred to in the previous paragraph included trade unions, federations consistent with the concept of the Association of Industry.
Article III, on behalf of its members, is intended to preserve the legitimate rights and interests of its members and to coordinate the relations between its members, provide services to its members, maintain fair competition, communicate its membership with the Government and promote the economic development of this city with the industry.
Article IV Industrial associations should comply with the provisions of the law, regulations, regulations and this approach, which stipulate that activities under the Constitution shall not undermine the public interest and the interests of members of society.
Article 5. The Government of the Hanghen People (hereinafter referred to as the municipality) has established a specialized working body mandated to exercise the functions of the Association of Industry (hereinafter referred to as the regulatory sector) in the exercise of industrial associations (with the exception of laws, regulations and regulations) and is responsible for the development, development planning, restructuring and creativity and services of the city-wide industry associations.
The Civil Affairs Department of the Municipal Government (hereinafter referred to as the commune registry administration) exercises the functions of the IA's registration and supervision under the law.
The relevant functioning sectors of the municipal government should, within its mandate, perform their functions under the law and conduct market creativity, guidance and services.
Article 6 Governments and their relevant functional sectors should develop relevant enabling policies and measures to support industry associations in their activities under the law.
The industry associations established in accordance with this approach should be replaced by the name of their industrial associations in “Zhennzhen City”. The industry associations are housed in their main offices.
Article 8. The establishment, modification, write-off registration of industrial associations, and the registration of regulatory authorities by municipal associations to publicize society.
Chapter II
Article 9. The establishment of industry associations should have a certain degree of industrial representation.
In principle, industry associations operate within the scope of this city, and industry associations are established primarily in accordance with national industry or product classification standards, or in accordance with business modalities, business or service functions.
The municipal industry associations guide the regulatory sector with the relevant functional sectors of the municipal government, based on the national industry or product classification criteria, and in the light of the actual practice of the city, the specific definition criteria and industry associations are established separately.
Article 10
Article 11. Applications for the establishment of an industrial association and the launcher shall submit the relevant legal, regulatory and regulatory documents and information to the regulatory branch of the municipality's Association. The municipal industry association guides the regulatory sector from 20 working days from the date of receipt of the request, in writing a review of views, consented to the establishment of the launcher's approval documents and related materials to apply for the preparation, registration and registration of the registration authority of the municipality.
Prior to the request for registration, the launcher shall convene preparatory meetings for the establishment of the General Assembly through the statute of the Association of Industry, the main leading members of the Association of the Elected Industries, the identification of office premises, the mobilization of registration funds, etc., before applying for registration by the municipal associations.
The registration management authorities of the municipality shall register the eligible registration application for 20 working days from the date of receipt of the request, be granted registration certificates and, at the same time, reproduce the regulatory sector of the municipality's industry associations. Industry associations can act as public chapters, open accounts and external activities.
In six months from the date of the approval of the registration certificate, the first member General or member representative of the General Assembly shall be convened to formally adopt the statute of the Association of Industries, elect the President, the Vice-President, the Council, etc.
Article 12 The establishment of an industrial association shall be governed by law. The statutes of the Association shall contain the following matters: the name, address, purpose, functions, membership, membership, membership, membership and obligations, organizational bodies and their functions, the way in which the heads of industry associations are created and the terms of office and terms of reference, the payment of contributions, the financial management system, the modification and termination procedures of the statute and other matters required.
The statute of the Association of Industry is in force by a majority of its members.
Chapter III Memberships
Article 13 of the same industry, economic organizations within the relevant industry, or the same and relevant economic activity subject, is established by law and licensed to operate, recognizes the statutes of the Association and pays their contributions, and may be approved as members of the group of associations. More than two industries can be joined by industry associations.
Industry associations can absorb natural persons as personal members.
Article 14. Memberships of industry associations enjoy the following rights:
(i) Participation in the membership General Assembly in various activities of the Association of Industry;
(ii) Priority of services provided by the Association of Industry;
(iii) Participation in the management of industry associations;
(iv) The right to vote and to be elected;
(v) The right to vote;
(vi) The right to oversight;
(vii) Freedom of retreat;
(viii) Other rights under the statute of the Association of Industry.
Each member has one vote, except as otherwise provided in the statute of the Association of Industry Associations for the voting of members and individual members. Members shall submit to the Association of Industry written documents supporting their representatives when they exercise the rights mentioned above by members.
Article 15. Memberships of industry associations must fulfil the following obligations:
(i) Compliance with laws, regulations, regulations, industrial associations statutes and regulations;
(ii) Implementation of the Industrial Association resolution;
(iii) Completion and submission of statistical information by industry associations;
(iv) Payment of contributions by time;
(v) Other obligations under the statute of the Association of Industry.
Chapter IV Organizational bodies
Article 16 is a member of the Association of Industry and consists of a member General Assembly or a member representing the General Assembly. The General Assembly or its Members represent the General Assembly as the supreme authority of the Association.
Article 17 is composed of more than 100 industry associations with membership representing the General Assembly. Members are appointed by the General Assembly in accordance with the statute of the Association of Industry and exercise the functions of the General Assembly. Members are elected by members.
Article 18 Member States shall be convened in accordance with their statutes. The Council considers it necessary or subject to more than one fifth of its members' requests to convene the Interim Members Assembly.
Article 19 Representatives of the General Assembly or Members shall be held by a majority of the participants representing the Assembly.
Members or members representing the General Assembly resolutions must enter into force with the participation of more than one member or member of the General Assembly.
Resolution on the following matters must be adopted by a member of the General Assembly or a member representing more than two thirds of the Assembly:
(i) Consideration of the annual report of the Board on its work and annual financial report of the Association of Industry;
(ii) Amendments to key elements of the statute of the Association of Industry;
(iii) De-listing of members;
(iv) The President, the Vice-President, the President, the President, the President, the President, the President, the President, the Presidential, the Presidential, the Presidential elections and the dismissal;
(v) Disbandment and liquidation of industry associations.
Article 20 is established by the Industry Association. The Council is the permanent body of the General Assembly or its members representing the Assembly. Members of the Board are not more than 40 per cent of the membership. The Council performs its duties in accordance with the resolutions of the General Assembly or its members on behalf of the Assembly and the statute of the Association of Industry.
The Council shall apply the difference in the election by secret ballot. Industry associations are encouraged to take an open debate on the generation of directors, vice-chairpersons, permanent councillors and the manner in which the difference is elected.
Article 21 Associations of industries with more than 50 members may elect the Standing Council from the Council.
The Standing Council exercises its mandate under the statute of the Association of Industry.
The second article of the Governing Council, the resolutions of the Standing Council shall be adopted by more than one of the two governing bodies.
Each council, the Permanent Council shall have one vote.
Article 23 Meetings of Members or Members on behalf of the General Assembly and the Governing Council shall be convened at least once a year, at least twice a year for the regular Council. In accordance with the statute of the Association of Industry, meetings of the Interim Council and the Standing Council may be convened. The Council consists of the President, the Vice-President and the Council. The Standing Council consists of the President, the Vice-President and the Standing Council.
The terms of office of the President, the Vice-President, the Permanent Council, the Council shall be governed by the statute of the Association of Industry, but shall not exceed three years for each term of office; the term of office expires and may be re-elected, provided that the legal representative of the Industrial Association shall not be re-elected for a term of two years, and the rest shall be re-elected in principle not three times. Other positions are required to be re-elected for more than three years, which shall be considered by the Governing Council (or the Standing Council), with the consent of more than two thirds of all members, be re-elected and are submitted to the regulatory branch of the IAE, the registration authority of municipal associations.
The meetings of the Council, the Standing Council are chaired by the Director. The President of the General Assembly may not be present at the meeting because he or she will be chaired by the Vice-President, who is authorized by the Director or by the Council or the Permanent Council.
Article 24 establishes one of the directors of the Industry Association and may establish one of the permanent vice-presidents and the remaining vice-chairpersons should not exceed 20 per cent of the number of members, specifically provided for in the Industrial Association statute.
The President shall not serve as Secretary-General.
The President, the Vice-President, nominated by the Council in the Council, was elected by the General Assembly or by members on behalf of the Assembly.
The removal of the President, the Vice-President shall be adopted by more than one third of the Council's proposal, by a vote of more than two thirds of the members of the General Assembly.
Article 25, in addition to the statute of the Association of Industry, is the legal representative of the Association of Industry. However, one of the following cases may not be elected as a legal representative:
(i) There are poor credit records;
(ii) Present public office in party organs and utilities;
(iii) Be criminally punished with the exception of the crime;
(iv) The age of 68 years at the time of elections.
Article 26 The number of prisons is regulated by the statute of the Association of Industry. The directory is elected by the Council or the Standing Council for the consideration of nominations, membership conferences or members on behalf of the General Assembly to oversee the operation and financial management of the Association and to report to the General Assembly or its members on the work of the Assembly.
The Governing Council or the Standing Council shall attend. In the event of changes in the financial supervisors of the Association of Industry, the Secretary-General and the Association of Industry, the Office presided over the financial audit and submitted audit reports to the General Assembly or its members on behalf of the General Assembly, and may report directly to the regulatory and municipal associations.
The members of the Industrial Association Board, the Secretary-General and the financial manager shall not serve as heads of office.
Article 27 establishes the secretariat of the Association of Industry to serve as a permanent agency for the Association.
The Industry Association has established the Secretary-General to deal with the day-to-day work of the IA.
The Secretary-General has introduced his appointment. The Secretary-General's proposal for the creation and removal of a director or a quarter of the Council shall be adopted by the Council or the Standing Council. The Secretary-General is represented at the Council or the Standing Council.
Article 28 Staff members of the Industrial Association should be progressively professionalized, socially public recruitment, fair competition and the principle of merit.
Industry associations should enter into labour contracts with staff, as prescribed by the labour law.
The WA staff are required to participate in basic old-age insurance, work injury insurance and local supplemental old-age insurance in accordance with the relevant regulations.
In accordance with Article 29, the Association of Industry may establish and carry out activities in accordance with the procedures established by the State in question.
Article 33 The institutions, personnel, finance and assets of the Association shall be separate from the party's organs and business units.
The members of the party's organs and business units shall not be appointed as a member of the Association of Industry and shall not be co-located with the Agency's offices.
The existing property of the Association shall be defined by law. The State-owned assets are dealt with by the relevant Government departments in accordance with the relevant contracts signed by the Industrial Association.
Chapter V
Article 33
(i) Develop and organize the implementation of the industry's regulations and establish a self-regulation mechanism;
(ii) Expansion of markets, publication of market information, recommending industrial products or services, and training in industry, advisory services;
(iii) To reflect trade-related matters to the relevant State bodies and to make observations and recommendations on economic policies and legislation;
(iv) On behalf of the relevant economic organizations in the industry to submit anti-dumping, counter- subsidies surveys or safeguards applications to participate in counter-dumping claims;
(v) Harmonize disputes between members and Governments, between members and non-members, between members and consumers involved in business activities, as well as the relevant matters of this Association with other industry associations or economic organizations;
(vi) To take appropriate industrial self-regulation measures against members who violate the statute of the Association of Industry or regulate their corporate interests;
(vii) Participation in the development of technical standards for the industry, industry planning, qualifications and qualifications based on the relevant provisions of the State, as evidenced by the publication of industrial damage early warning and the organization of implementation of industrial standards;
(viii) Organizing members to participate in national international economic technology exchanges, promote advanced technology and management experience and build public service platforms for industry services;
(ix) The law, legislative authority or other functions entrusted by the Government and provided for in the Constitution.
Article 32 entrusts the industry associations with matters and shall pay the related costs to the ToPS industry associations.
Article 33 governs the regulatory sector of the Municipal Association of Industry and Industry shall establish an integrated evaluation nuclear system that will guide and oversee industry associations.
Article XIV shall not include:
(i) To prevent fair competition through the development of industrial rules or other means of monopoly markets, undermine the legitimate rights and interests of consumers, non-member units or the public interest of society;
(ii) Constraint members from carrying out legitimate business activities or participating in other social activities;
(iii) Discriminatory treatment among members or limitations on the role of other members in industry associations;
(iv) Other acts prohibited by law, regulations.
Article XV Memberships of the Industrial Association may be brought to review by industry associations by dissatisfaction with industrial rules, industrial self-regulation measures or other decisions.
Non-member units, consumer industry associations may be required to adapt or change the measures.
Chapter VI Financial and financial management
Article 36
(i) Payment of contributions by members;
(ii) Payments received by the Government and its related functional departments;
(iii) Information counsellors, talent training, technical lectures, printing materials, exhibitions and service projects;
(iv) Other legitimate income.
The criteria for the payment of contributions by members shall be considered by the General Assembly or by members on behalf of the Assembly.
The members of the Association shall not be required to return to the paid, financed or donated property upon return or de-listing.
Funding expenses of the Association include the following items:
(i) Operational activities, conferences and day-to-day office costs;
(ii) The wage and welfare treatment of members of industry associations and those employed;
(iii) Other normal expenses necessary for the benefit of members and for the purpose of the Association.
The legitimate income of the Association shall be used for activities within the purpose and scope of the statute of the Association of Industry and shall not be diverted from any kind of profit distribution.
Article 39 shall have their own independent financial and bank accounts and shall be subject to the relevant provisions of the State to establish a robust accounting management oversight system.
Article 40 The Council or the Standing Council of the Association of Industry shall regularly issue the status of payments to members of the General Assembly or members on behalf of the General Assembly, and report to the City Association of Governmental Industries on the regulatory sector and the municipal associations' registration authority and receive oversight inspections.
The industry associations should be subject to financial audits when they replace the statutory representative, the Secretary-General and the relevant financial supervisors. The audit costs are borne by the Audit Industries Association.
Chapter VII Change, dissolution and liquidation
Article 40 Changes in the Industry Association and disbandment of laws, administrative regulations and regulations.
Article 42
(i) Disbandment resolutions made by the General Assembly or its members on behalf of the General Assembly for various reasons, such as separation;
(ii) Removal by law.
Article 43 thirteenth disbanded resolutions by members of the General Assembly shall be reviewed by the regulatory sector under the guidance of the Association of Municipalities.
Article 44 was dissolved by the Industry Association, which should establish a liquidation group and carry out property liquidation in accordance with the law.
The members of the liquidation group are elected by the Council or the Standing Council; they cannot be selected and appointed by the municipal government industry associations to guide the regulatory sector.
In the period of liquidation, the industry associations may not carry out new operational activities.
Article 46 Reimbursement costs are prioritized from the property of the Association.
Article 47 liquidates the remaining property that has been completed and is governed by the regulatory sector by the municipality industry associations.
After the establishment of the new same type of industry associations, the remaining property should be placed on the newly established industry associations.
After the conclusion of the operation of Article 48, the Industrial Association shall be subject to the approval by the municipality industry associations of documents agreed to write-offs by the regulatory authorities to the registrar of registration authorities.
Chapter VIII Legal responsibility
Article 49, without registration, is carried out in the name of the Association of Self-Governmental Industries, which is prohibited by the registration authority of the municipality, forfeiture the proceeds of illicit terrorism; in the event of a serious nature, may receive a fine of up to five times the proceeds of illegal proceeds; and is a criminal offence punishable by law.
Article 50 is one of the following conditions in the Association of Industry, which guides the regulatory sector of the municipality's industry associations to bring the registration management authorities of the municipality to withdraw their registrations, and the registration authority of the city association may also be withdrawn directly:
(i) The application for registration of false vouchers;
(ii) The Conference of Members (Members' representatives) or of the Council (Seconomies) that has not been convened for more than one year in accordance with the Statute of the Association;
(iii) Unqualified inspections for two consecutive years;
(iv) The number of members is less than 30 and is still not required in 60 days.
Article 50 quater for the approval of registration certificates by the commune registry administration, the first member General Assembly or member representative of the General Assembly and the adoption of the relevant resolutions, the municipal associations' registration authority shall revoke the granting of registration certificates and disband the industry association.
Article 52 provides financial advance reports of false or concealing important facts, which are brought by the regulatory authorities of the municipality's industry associations to register the management body of the city's associations, or by the municipal associations' registration authority, directly fined between 1000 and 5,000 officers for the industry associations and those responsible for direct responsibility; in the case of serious offences, criminal liability is lawful.
In violation of this approach and other relevant provisions, the Association of Industry (AWAA) has been able to carry out an exclusive assessment of a member's fee inclination, which is governed by a regulatory sector order and confiscated proceeds of unlawfulness.
Article 54 governs the regulatory sector or municipal associations' registration authorities to review the application for the establishment of an industrial association that does not meet the provisions of this scheme, with the consent or registration of the directly responsible person and is subject to administrative disposition by law.
Article 55 establishes an application for industrial associations that are in compliance with the statutory conditions, and the municipality Industry Association guides the regulatory sector that are not approved or the registration authority of municipal associations, which may apply for administrative review or administrative proceedings in accordance with the law.
Chapter IX
Article 56
Article 57, paragraph 2, of this approach, refers to the words “more than” and “after” including the figure.
Article 58