Administrative Rules of Shenzhen Special Economic Zone on Social
Groups |
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(Promulgated by
Decree No.69 of the Shenzhen Municipal People' s Government on
January 22, 1998) |
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Chapter
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General Provisions |
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Article 1
In order to strengthen
the administration of social groups in Shenzhen Special Economic
Zone (hereinafter referred to as Special
Zone), safeguard their
lawful rights and interests, exert their positive functions and
promote the development of society
and economy of Special Zone,
these rules are formulated in accordance with relevant laws and
regulations as well as the
actual circumstances of Special Zone. |
Article 2
These rules shall be applicable to the establishing, changing or
canceling registration of the social groups in Special
Zone as
well as the administration and supervision to them. |
Article 3
"Social group" in these rules refers to the nonprofit social
organization that is incorporated for certain aim and purpose
by
the citizens, legal persons or other organizations voluntarily
according to these rules. |
Article 4
The social group' s activities shall be abided by relevant laws
and regulations. |
Article 5
The civil affairs department of the People' s Government of
Shenzhen Municipality is the competent administrative department
for social groups (hereinafter referred to as the municipal
administrative department for social groups), which shall
undertake the duty of registration, administration and
supervision to social group according to law. |
The civil
affairs department of the each district people' s government
(hereinafter referred to as the district administrative
department for social groups) shall undertake the duty of
registration, administration and supervision to the social group
in its district under the leadership of the municipal
administrative department for social groups. |
Other competent
departments for the administrative affairs (hereinafter referred
to as the competent departments for the
affairs of social
groups) shall direct and supervise the social group within the
scope of their administrative duties according
to law. |
Article 6
The administrative department for social groups shall perform
the following powers and functions according to law: |
(1) to be in
charge of the registration and daily administration to social
group; |
(2) to supervise
the social groups to conduct activities according to relevant
laws, regulations and the social group' s
constitution; |
(3) to
investigate the acts violating the provisions on the
administration to social group; |
(4) other powers
and functions provided by laws and regulations. |
Article 7
The competent department for the affairs of social groups shall
perform the following powers and functions according to
law: |
(1) to examine
the establishing, changing or canceling registration of the
social group within its jurisdiction and put
forward opinions; |
(2) to direct
and supervise the activities of the social group within its
jurisdiction; |
(3) to assist
the administrative department for social groups to investigate
and deal with the malfeasances of the social
group within its
jurisdiction; |
(4) other powers
and functions provided by laws and regulations. |
Article 8
The establishing registration of a municipal or transdistrict
social group shall be approved by the municipal administrative
department for social groups; The registration of other social
groups shall be approved by the district administrative
department for social groups where the social group is to be
located. |
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Chapter
¢ò
The Establishing, Changing and Canceling Registration |
of Social groups |
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Article 9
The following requirements shall
be satisfied for application of establishing a social group: |
(1) having its
own constitution, which shall explicitly set forth its name,
aim, task and institutional framework, the principal'
s
generating procedures, functions and powers, source of funds,
procedures of amending and terminating the constitution,
and
other necessary matters; |
(2) having the
approval documents issued by the competent department for the
affairs of social groups after examination; |
(3) having more
than 50 individuals or 30 units as promotor. The unit as
promoter shall have been registered or established
in Shenzhen
Municipality according to law; the individual as promoter shall
have the registered permanent residence in
Shenzhen
Municipality; |
(4) having an
institutional framework suitable for its function; |
(5) having the
lawful sources of funds that can guarantee the activities
carried out according to its constitution; |
(6) other
requirements provided by the State. |
Article 10
The application of establishing a social group shall be rejected
under one of the following circumstances: |
(1) The aim
violates the Constitution of the State, laws, administrative
regulations or social public interests; |
(2) The social
group is applied for registration again within 5 years from the
date on which the original one was cancelled
according to law;; |
(3) The name is
same with a social organization that has already been
registered; |
(4) The promotor
is incapable or has limited disposing capacity. |
Article 11
When applying for establishing a social group, the applicant
shall submit corresponding documents, materials and certificates
to the administrative department for social groups. |
Article 12
After accepting the application,
the administrative department for social groups shall examine
the authenticity, legality
and validity of the application
documents, materials and certificates and whether they satisfy
the requirements for establishment. |
Article 13
The administrative department for
social groups shall make a decision on approving registration or
not, and inform the party
in writing, within 30 days from the
date on which the application is accepted. |
Article 14
The promoters shall prepare and
convene the conference of members or the conference of members'
representatives to adopt
the social group' s constitution and
elect the leading organ within 180 days after receiving the
notification of approving
the registration. |
The promoter
shall receive the registration certificate of social group from
the administrative department for social group
with relevant
materials of the conference within 10 days from the date on
which the conference of members or the conference
of members'
representatives was closed. |
Article 15
The date on which the registration
certificate of a social group is issued is the date when the
social group is established. |
The
administrative department for social groups shall announce it in
the newspapers or periodicals, after the registration
of a
social group registered as legal person is approved. |
Article 16
The social group shall engrave seal, open bank account, make and
issue membership card according to relevant provisions,
with the
registration certificate and certification issued by the
administrative department for social groups. |
The social group
shall send the patterns of the seal, bank account and membership
card to the administrative department
for social groups to put
on record. |
Article 17
The registration certificate of a social group shall not be
altered, transferred or lent. If the registration certificate
of
a social group is missing, the social group shall state it
invalid in the newspaper in time and apply to the original
registration organ for reissuance; If the registration
certificate of social group is destroyed, the social group shall
apply to the original registration organ for recertification in
time. |
Article 18
The social group shall conduct
changing registration under one of the following circumstances: |
(1) changing its
name; |
(2) making major
amendment to the constitution; |
(3) changing the
legal representative or principal; |
(4) changing the
office place or liaison place. |
Article 19
When applying for changing
registration, social group shall submit corresponding documents,
materials and certifications
to the administrative department
for social groups. The administrative department for social
group shall make the decision
on approval of changing
registration or not, and inform the social group within 15 days
from the date on which it receives
the application for changing
registration. |
If the social
group is approved to change the items listed in the first or
third subparagraph of Article 9, the administrative
department
for social groups shall make announcement in the newspapers or
periodicals. |
Article 20
The social group shall apply for
canceling registration under one of the following circumstances: |
(1) It is
dismissed voluntarily; |
(2) The aim or
tasks provided in the constitution has been completed; |
(3) It no longer
exists continuously for having incorporated with other social
group or having been detached; |
(4) It shall
apply for canceling registration under other circumstances. |
If the social
group fails to apply for canceling registration listed in the
preceding paragraph, the administrative department
for social
groups may directly cancel it. |
Article 21
When conducting canceling registration, the social group shall
submit written application for canceling registration, relevant
certifications of the settlement of creditor' s rights and debts
and other corresponding documents, materials and certifications
to the original registration organ. |
Article 22
The administrative department for social groups shall
investigate and verify the application for canceling
registration
filed according to law after receiving it. In
respect of the application satisfying the requirements, the
administrative
department for social groups shall conduct
canceling registration, take back the registration certificate
and the seal
of the canceled social group, and make an
announcement. |
In respect of
the social group that is directly canceled, the administrative
department of social group shall take back
its registration
certificate and seal, and make an announcement when conducting
canceling registration. |
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Chapter
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Rights and Obligations of a Social group |
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Article 23
The social group shall enjoy the following rights according to
law: |
(1)
participating in the administration to social affairs; |
(2) proposing
advisory opinions and suggestions to any government
organization; |
(3) enjoying the
right of name, right of honor and right of property; |
(4)
independently carrying out activities and managing internal
affairs according to its constitution, exempted from any
illegally interference of any unit or individual; |
(5) acquiring
lawful income; |
(6) other rights
provided in laws and regulations. |
Article 24
The social group shall bear the following obligations: |
(1) observing
the Constitution and laws and defending state sovereignty and
national unity; |
(2) developing
social public welfare undertaking, maintaining social stability,
and promoting the construction of the socialist
material
civilization and spiritual civilization; |
(3) organizing
members' activity at least once a year; |
(4) other
obligations provided in laws and regulations. |
Article 25
The social group registered as legal person (except the
foundation) may invest to establish the enterprise registered as
legal person, and may also establish the operating institution
registered as non-legal person. |
Article 26
The after-tax profit of the
operating institution registered as non-legal person that
affiliated to a social group registered
as legal person shall be
overall returned to the social group; The profit of the limited
liability company and the joint-stock
limited company, which a
social group registered as legal person invests to establish,
shall be distributed according to
relevant provisions of the
Company Law of the People' s Republic of China; The enterprise
registered as legal person, which
a social group registered as
legal person invests to establish with sole investment, shall
explicitly record in its constitution
that its aim is to serve
the development of social group' s cause. The current year' s
after-tax profit returned to the
social group shall accord with
relevant provisions of the State and shall be explicated in the
agreement concluded by both
parties. |
Article 27
The social group registered as legal person shall strengthen the
administration and supervision to the finance of the enterprise
registered as legal person and operating institution registered
as non-legal person that it invests to establish, and urge
them
to set up and improve the financial and accounting systems. |
When a social
group applies for cancellation or is canceled according to law,
the operating institution invested and set
up by it shall be
liquidated according to the provisions of relevant laws and
regulations. |
Article 28
The industrial social group may
accept the delegation of government department to take partial
functions of industrial administration,
draw up the plan of
industrial development, enact the guild regulations and terms
and provide services to enterprise. |
Article 29
The academic social group shall positively carry out academic
research, promote the development of science and technology,
and
make effort to transform the result of scientific research into
productivity. |
Article 30
The social group shall strengthen
self-construction and perform the following functions and
duties: |
(1) setting up
and improving institutional framework; |
(2)
democratically determining major affairs; |
(3) setting up
the systems of financial control, seal management, personnel
administration, internal supervision and so
on. |
Article 31
When holding major conference or
activity of any kind, social group shall separately report to
the administrative department
for social groups and the
competent department for the affairs of social group. |
Article 32
The social group shall not commit any act as followings: |
(1) forcing
citizen or unit to enroll in it or restraining their freedom to
withdraw from it; |
(2) imposing
punishment to the member' s property or person; |
(3) imposing
apportionment to enterprise or other organizations; |
(4) other acts
irrelevant to the aim of social group. |
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Chapter
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Administration and Supervision to Social group |
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Article 33
The administrative department for social groups shall supervise
social groups to observe the Constitution, laws and regulations,
and to undertake activities according to the constitution. |
Article 34
The administrative department for social group shall execute the
annual examination to social groups. The social group
shall
submit the following documents and materials to the
administrative department for social groups in the prescribed
time limit for annual examination: |
(1) the work
summary of last year and the work plan of this year; |
(2 ) the
duplicate of the registration certificate of social group; |
(3) the changes
of directors, members and institutional framework; |
(4) the
financial revenue and expenditure position, and the
certification of deposit and asset. |
When accepting
annual examination, the social group registered as legal person
shall also submit the annual audit report
produced by auditing
organization or social auditing body. |
Article 35
In
respect of the social group that is annually examined to be
qualified, the administrative department for social groups
shall
stamp the seal of "annually examined qualified" on the duplicate
of social group' s registration certificate. In
respect of the
social group that is annually examined to be unqualified, the
administrative department for social group
shall order it to
rectify within a prescribed time limit. |
Article 36
No unit or individual may carry
out activities in the name of social group without approval and
registration. |
Article 37
The administrative department for
social groups may inspect the activities of social group,
examine the accounting book
and relevant materials of a social
group, and require the social group and its principal to provide
relevant information
and materials, but shall not intervene in
the activities carried out by it according to law. |
Article 38
The administrative department for
social groups may periodically organize the exchanges of social
group' s managerial experiences
and the experiences of
activities, recommend advanced social groups, develop training
to the working staff of social groups,
and provide policy
counsel and services to the full-time working staff of social
groups. |
Article 39
If the administrative department for social groups is impeded by
a social group when performing official business, it may
apply
for assistance to the public security organization, the
department of industry and commerce, and other departments. |
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Chapter
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Legal Responsibilities |
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Article 40
Any social group, which commits any one of the following
malfeasances, shall be warned and be imposed a fine of 500 yuan
to 2,000 yuan according to the circumstances: |
(1) failing to
participate in annual examination on schedule or making false
report in annual examination; |
(2) failing to
conduct necessary changing registration in time; |
(3) failing to
clear the necessary formalities of putting on record in time; |
(4) failing to
undertake any activity of social group within one year. |
Article 41
Any social group, which commits any one of the following
malfeasances, shall be ordered to stop the activity and may be
imposed a fine of 200 yuan to 5,000 yuan by the administrative
department for social groups: |
(1) violating
these rules to undertake business operations, while no adverse
social influence is caused; |
(2) altering,
transferring, leasing or lending the registration certificate of
social group, while no unfavorable consequence
is caused; |
(3) violating
the aim of social group or carrying out activities beyond
business scope. |
The punishment
period of stopping activities is half a year. During the
punishment period, the administrative department
for social
groups shall order it to make internal corrections. |
Article 42
Any social group, which commits any one of the following
malfeasances, shall be canceled registration and be confiscated
the illegal gains, if any: |
(1) concealing
truth and playing tricks to obtain registration certificate; |
(2) failing to
participate in annual examination for 2 successive years; |
(3) failing to
carry out activities for 2 successive years; |
(4) altering,
transferring, leasing or lending the registration certificate of
social group, while no serious adverse consequence
is caused; |
(5) violating
these rules to undertake illegal operating activities for
profit; |
(6) undertaking
the activities that damage national and social interests. |
Article 43
The social group registered as legal person shall bear the fine
by itself.. |
Article 44
Any organization that arbitrarily carries out activities in the
name of social group without registration shall be regarded
as
illegal organization, and be ordered to be dismissed by the
administrative department for social group. If its activity
violates the Regulations of the People' s Republic of China on
Punishments in Public Order and Security Administration,
it
shall be dealt with by the public security organization; If its
activity constitutes a crime, it shall be prosecuted
for
criminal responsibilities according to law. |
Article 45
In respect of the
social group that has been cancelled registration, the
administrative department for social groups shall
take over it
all seals, registration certificate and its duplicate, liquidate
its assets and deal with them according to
law together with
relevant departments. |
Article 46
When investigating and dealing with social group' s malfeasance,
the administrative department for social groups shall
find out
facts, deal with it according to law and serve the written
decision of punishment on the social group or its legal
representative or principal within 10 days from the date on
which the punishment decision is made. |
Article 47
In respect of the
social group that has been cancelled registration, the
administrative department for social groups shall
announce it in
the newspapers or periodicals. |
Article 48
Any applicant, who/that applies
for setting up a social group, and is not satisfied with the
decision of not granting registration
made by the administrative
department for social groups, may apply for administrative
review to the superior administrative
department for social
groups or the municipal or district people' s government within
15 days from the date on which it
receives the written reply. |
Article 49
Any social group, which is not
satisfied with the punishment decision made by the municipal or
district administrative department
for social groups, may apply
for administrative review to the superior administrative
department for social groups or the
municipal or district
people' s government within 15 days from the date on which it
receives the written punishment decision.
If it is not satisfied
with the review decision yet, it may file a lawsuit to the
people' s court within 15 days from the
date on which it receives
the written decision of review. If it neither files a lawsuit
within the time limit nor performs
the punishment decision, the
administrative department for social groups shall apply to the
people' s court for coercive
execution. |
Article 50
If a staff member of the administrative department for social
groups neglects his duties or abuses his powers, while serious
damage to the lawful rights and interests of any social group is
caused, he shall be investigated for administrative
responsibilities by relevant departments; If his act constitutes
a crime, he shall be prosecuted for criminal responsibilities
according to law. |
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Chapter
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Supplementary Provision |
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Article 51 These rules shall go into effect as of its
promulgation. |