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Certain Provisions of Jilin Province on the Management of Social Organizations

(Promulgated by Order No.135 of Jilin Provincial People' s Government on January 21, 2002)

Article 1. These Provisions are formulated for the purposes of standardizing activities of social organizations, strengthening the management of social organizations, promoting the healthy development of social organizations serving social stability, national unity, sci-tech improvement and economic development, in accordance with Regulations of Administration on Social Organization Registration of the State Council and other related regulations of the state and in light of the actual circumstances in this province.

Article 2. Those who undertake social organization activities and exercise administrative management on social organizations within the administrative divisions of this province shall observe these provisions.

Article 3. The people' s governments at all levels shall strengthen the leadership on the work of the management of social organizations, encourage and support the development of social organizations, standardize and guide the activities of social organizations.

Article 4. The civil administration departments of the people' s governments at the county level and upwards are the administrative organs of social organizations' registration, they shall be in charge of the work of the management of social organizations' registration within their respective administrative divisions and they have the following responsibilities:

(1) To be responsible for the registration or keeping record of the foundation, alteration and nullification of social organizations;

(2) To carry out the annual examination on social organizations; and

(3) To supervise and examine social organizations and to give an administrative punishment on their illegal behaviors.

Article 5. The related departments of the people' s governments at the county level and upwards and the organizations authorized by the people' s governments at the county and upwards, working as professional competent units of social organizations, shall have the following responsibilities in the aspect of the management of social organizations:

(1) To be responsible for the examination before the on preparation of application, registration of foundation, alteration of registration and registration of nullification of social organizations;

(2) To supervise and guide the social organizations to obey the Constitution, laws, regulations and policies of the state, and carry out their activities in accordance with their respective chapters;

(3) To lead and supervise the ideological and political work, and the work of the construction of the Communist Party, personnel administration and financial management of social organizations;

(4) To be responsible for the first trial of annual examination on social organizations;

(5) To examine, approve and supervise the social organizations to hold seminars and conduct external intercourses and other major activities.

(6) To examine and supervise upon the activities of social organizations, such as accepting donation and subsidization within or outside the boundaries of this country.

(7) To assist the administrative organs of registration and other related departments to investigate and deal with the illegal activities of social organizations;

(8) To direct the liquidation matters concerned of social organizations together with related organs;

(9) To recommend the candidates of leading members at the rank of chief secretary of social organizations and upwards; and

(10) To examine upon the entities established by social organizations.

Article 6. When the professional competent units perform their duties stipulated by the provisions of said Article 5, they shall be forbidden neither to charge social organizations nor take advantage of social organizations to profit for their own work units or other persons.

Article 7. Social organizations may charge and make use of the membership dues according to the related regulations of the state, but may not be allowed to extend the charging extent at random, and also may not be allowed to raise the standard for membership dues without authorization; and to make use of membership dues exceeding the extents prescribed in their chapters.

Article 8. The leading cadres, of administrative organs, the institutions of administration function and the people' s groups, shall be forbidden to hold the leading post of chief secretary and higher ones of social organizations. If the part-time post is really needed due to special circumstances, they must be examined, verified and approved by administrative organs of registration then be reported to the examination and approval organs for examination and approval according to the administration jurisdiction of cadres.

Article 9. The related units and individuals should create conditions and provide conveniences for social organizations to develop activities, protect the legal rights and interests of social organizations and may not be allowed to require social organizations to provide manpower, material resources and financial support without authorization.

Article 10. Social organizations may invest and establish operating entities according to law, the operating income must be used for the development of the undertakings of social organizations.

Article 11. The professional competent units should timely inform the administrative organs of registration at the same level on the major problems found during implementing supervisory administration on social organizations.

To the social organizations which have reached the aims prescribed in the chapters of social organizations, the professional competent units should timely put forward their suggestions of cancellation to the administrative organs of registration at the same level.

To the social organizations which haven't developed any activities within a year, the professional competent units should put forward their suggestions of nullification to the administrative organs of registration at the same level.

Article 12. After being verified and approved by the administrative organs of registration, the social organizations shall be body corporations of social organizations. The administrative organs of registration shall circulate a public notice on newspapers and periodicals published in public within 30 days since the date of being verified and approved to register.

Article 13. Social organizations should consciously accept the supervision and administration given by administrative organs of registration and by professional competent units according to law. The social organizations which have been verified and approved to register should go to administrative organs of registration to accept an annual examination from March, 15 to May, 31 every year.

Article 14. Social organization must abide by the following stipulations:

(1) Not to alter, lease or lend the Registration Certificate of Body Corporation of Social Organization or to lease or lend the seal of a social organization;

(2) Not to develop activities exceeding the business scope verified and approved by administrative organs of registration;

(3) To transact alternation registration according to regulations;

(4) Not to set up affiliated agencies and deputies agencies without authorization;

(5) Not to directly undertake profitable business activities;

(6) Not to violate the related regulations of the state to collect fees, financing or accept, make use of donations and financial aids;

(7) Not to distribute privately or divert the assets of social organization;

(8) Not to refuse to accept the supervision and examination; and

(9) Not to take advantage of the power of professional competent units to seek profits.

Article 15. The administrative organs of registration should strengthen the guidance on the professional competent units to perform their responsibilities of supervision and administration upon social organizations, and should timely give a circulate notice on the situation of their performing the responsibilities of supervision and administration.

Article 16. When administrative organs of registration transact the foundation registration of social organizations and the alternation, cancellation and annual examination of social organizations, they should finish the transaction within the time limit regulated in the followings. As for those conforming to the prescribed condition, they shall be registered or pass the annual examination; as for those fail to conform to the prescribed condition, they shall be refused to be registered or pass the annual examination, they shall be given the reasons and the applicants shall be informed in a written form:

(1) As for those of foundation registration, it shall be 30 days;

(2) As for those of alternation registration, it shall be 15 days;

(3) As for those of nullification registration, it shall be 60 days; and

(4) As for those of annual examination, it shall be 15 days.

Article 17. Where the professional competent units fail to perform the duties of supervision and administration and cause consequences, to the directly responsible persons, the administrative organs of registration may suggest their work units, the higher authorities or relevant competent departments to give them administrative sanctions according to the seriousness of the circumstances.

Article 18. Whichever violating any of the provisions of said Article14 shall be given a warning and be ordered to correct by administrative organs of registration; they may be ordered to stop the activities within a time limit and to replace the directly responsible personnel in charge. Where the circumstance is serious, the registration shall be nullified. Where a crime is constituted, the criminal liability shall be investigated for by judicial organs according to law. As for the illegal business volume or illegal earnings, they shall be confiscated, and they may also be imposed a fine 1 to 3 times the illegal business volume or 3 to 5 times the illegal earnings.

Article 19. As for those social organizations which haven't been approved but carry out preparatory activities of social organizations without authorization or those haven't been registered but carry out activities in the name of social organization without authorization, and those social organizations which have been nullified the registration but continue their activities in the name of social organization, they shall be banned by administrative organs of registration, the illegal possessions shall be confiscated. Where a crime is constituted, the criminal liability shall be investigated for according to law, where a crime hasn't been constituted, the punishment of security administration shall be imposed according to law.

Article 20. The litigants may apply for an administrative reconsideration or file an administrative law suit in any of the following cases:

(1) Those considering themselves conforming to the stipulated conditions to apply for approval, registration or annual examination, but failing to be approved, registered or pass the annual examination;

(2) Those registration organs transacting the approval, registration or annual examination to exceed the prescribed time limit;

(3) Those refusing to accept the decision on an administrative penalty; and

(4) Other cases where they may apply for an administrative reconsideration or file an administrative lawsuit stipulated in laws and administrative regulations.

Article 21. To the administrative penalty made by administrative organs of registration, if the litigants neither apply for reconsideration nor file a suit, and nor comply with the decision on penalty within a legal time limit, the administrative organs making the decision on penalty may apply to the people' s court for a compulsory enforcement.

Article 22. As for the leaders and directly responsible personnel of administrative organs of registration who fail to implement registration according to the stipulated conditions and time limits, or abuse their powers, exceed their powers to register, and fail to perform their duties of supervisory administration on the registered social organizations according to law, or fail to make a full supervisory administration or fail to examine and deal with their illegal activities, they shall be given administrative sanctions by their work units, higher organs or by related competent departments according to law.

Article 23. As for the organizations and individuals that have made extraordinary achivements in the work of social organizations, they shall be commended or rewarded by the people' s governments at the same level, higher administrative organs of registration or by their professional competent units.

Article 24. These provisions shall be implemented as of the date of February 1,2002.