Notice of the General Office of the All-China Federation of Trade Unions on Issuing the Administrative Measures for the Registration of Grassroots Trade Unions as Legal Persons

Notice of the General Office of the All-China Federation of Trade Unions on Issuing the Administrative Measures for the Registration of Grassroots Trade Unions as Legal Persons

Chief Engineer's Office No. 20 [2020]

The Federation of Trade Unions of all provinces, autonomous regions, and municipalities directly under the Central Government, all national industrial trade unions, the federations of trade unions of central and state organs, and all departments and units directly under the ACFTU:

The Measures for the Administration of Registration of Grassroots Trade Unions as Legal Persons have been deliberated and adopted at the 34th meeting of the 17th Secretariat of the All-China Federation of Trade Unions and are hereby issued to you for your compliance and implementation.

General Office of the All-China Federation of Trade Unions

8 December 2020

Measures for the Administration of Registration of Grassroots Trade Unions as Legal Persons

The first chapter of the love of the total.

Article 1 These Measures are formulated in accordance with the the People's Republic of China Civil Code, the the People's Republic of China Trade Union Law and the Constitution of the Chinese Trade Union in order to regulate the registration and management of grass-roots trade unions as legal persons and to establish the civil subject status of grass-roots trade unions in accordance with the law.

Article 2 These Measures shall apply to the application of trade union organizations (hereinafter referred to as grass-roots trade unions) established individually or jointly by enterprises, institutions, government organs and other social organizations within the territory of our country, regional and industrial trade union federations, development zone (industrial park) trade unions, township (street) trade unions, village (community) trade unions and other trade union organizations (hereinafter referred to as grass-roots trade unions) to obtain, change or cancel their legal personality.

Article 3 The grass-roots trade union shall, after examination and registration in accordance with the provisions of these Measures, receive the Certificate of Qualification of Trade Union Legal Person endowed with a unified social credit code, obtain the qualification of a legal person, and independently enjoy civil rights and assume civil obligations in accordance with the law.

Article 4 Trade unions at all levels shall, in accordance with the prescribed authority, scope, conditions and procedures, and in accordance with the principles of law and regulations, openness and fairness, convenience and efficiency, and scientific management, do a good job in the registration and management of grass-roots trade unions as legal persons.

Article 5 The Federation of Trade Unions of provinces, autonomous regions and municipalities directly under the Central Government, the Federation of Trade Unions of cities divided into districts and autonomous prefectures, and the Federation of Trade Unions of counties (banners), autonomous counties and cities without districts (hereinafter referred to as local Federation of Trade Unions at or above the county level) shall provide necessary guarantees for the registration and management of trade union legal persons, and the expenses required shall be charged from the funds of the trade union at the corresponding level. If the conditions are met, a special person may be responsible for the registration and management of trade union legal persons.

To carry out the registration and management of trade union legal persons, no fees shall be collected from grass-roots trade unions.

Chapter II Registration Management Organs

Article 6 The All-China Federation of Trade Unions and local federations of trade unions at and above the county level shall be the administrative organs for the registration of grass-roots trade union legal persons.

The relevant departments of the registration management organ should strengthen communication, information sharing, coordination and cooperation to do a good job in the registration and management of trade union legal persons.

Article 7 The registration of grass-roots trade union legal persons shall be managed at different levels in accordance with the principle of territoriality and in accordance with the relationship between trade union organizations and the collection of funds:

If the (I) grass-roots trade union organization relationship is subordinate to the local trade union, or has established a fund collection relationship with the local trade union, the corresponding provincial, municipal or county-level local trade union where the grass-roots trade union organization relationship is subordinate or the fund relationship is subordinate shall be responsible for registration and management;

If the relationship between (II) grass-roots trade union organizations is subordinate to the railway, financial, civil aviation and other industrial trade unions, it shall be registered and managed by the provincial Federation of trade unions or authorized by the municipal Federation of trade unions;

The grass-roots trade unions affiliated to the trade union federations of (III) central and state organs and the trade unions of central enterprises (groups) in Beijing are registered and managed by the all China Federation of trade unions authorized by the all China Federation of trade unions; the trade unions of central enterprises (groups) outside Beijing are registered and managed by the provincial Federation of trade unions where they are located or authorized by the municipal Federation of trade unions.

Disputes between registration management agencies due to the division of registration management authority shall be resolved by both parties to the dispute through consultation; if the dispute cannot be resolved through consultation, it shall be determined by the higher-level trade union of both parties.

Article 8 The registration management organ shall prepare a special seal for the registration of trade union legal persons, which shall be specially used for the registration of trade union legal persons at the grass-roots level, and its specifications and patterns shall be formulated by the All-China Federation of Trade Unions.

Article 9 The registration and management authorities shall establish a system for the management of legal person registration files.

The All-China Federation of Trade Unions has established a unified national trade union legal person registration management system, and the registration management agency implements network registration management.

Chapter III Application for Registration

Article 10 To apply for the registration of legal personality, a grass-roots trade union shall meet the following conditions:

The (I) is established in accordance with the provisions of the the People's Republic of China Trade Union Law and the Constitution of the Chinese Trade Union;

(II) have their own name, organizational structure and domicile;

The sources of funds for (III) trade unions are guaranteed.

The acquisition of legal personality by a grass-roots trade union shall not be conditional on whether the unit to which it belongs has legal personality.

Article 11 Any grass-roots trade union that meets the conditions specified in these Measures shall, within 60 days from the date of its establishment, apply to the registration authority for the registration of the legal personality of the trade union.

Article 12 To apply for the registration of the legal person status of a trade union, a grass-roots trade union shall submit the following materials to the registration administration organ:

Application form for registration of (I) trade union legal person qualification;

(II) the official approval document of the superior trade union;

(III) other certificates and documents required to be submitted.

Article 13 The registration administration shall complete the examination of the relevant application documents within 15 days from the date of acceptance of the registration application. If the examination is qualified, a "trade union legal person qualification certificate" shall be issued and a unified social credit code shall be given; if the application documents are not complete, the grass-roots trade union shall be notified in time to supplement the relevant documents, and the application time shall be calculated from the time when the documents are complete; if the examination is unqualified and the registration is decided, the reasons for not registering shall be explained in writing.

Article 14 The Trade Union Legal Person Qualification Certificate shall be marked with the unified social credit code and certificate code of the trade union legal person.

The unified social credit code of the trade union legal person is compiled according to the unified social credit code coding rules. The first bit is the code of the registration management department, identified by the number "8"; the second bit is the organization category code, identified by the number "1" or "9", "1" is selected when assigning codes to grass-roots trade unions, and "9" is selected when assigning codes to other types of trade unions ".

Article 15 The name of a trade union legal person registered by a grass-roots trade union shall be the full name of the trade union organization approved by the trade union at the next higher level. Generally, it is composed of the name registered at the time of the establishment of the unit (regional and industrial trade union federations should be named regional and industry names), and it is composed of "trade union committee", "joint trade union committee", "trade union federation", etc.

The name of a grass-roots trade union is unique, and other grass-roots trade unions may not use it repeatedly when applying for legal person status.

Article 16 If a grass-roots trade union is qualified as a legal person, it shall be qualified as a legal person in accordance with the law, and the chairman of the trade union shall be the legal representative.

Article 17. Grass-roots trade unions newly established as a result of merger or division shall reapply for registration as trade union legal persons.

Chapter IV Change Registration

Article 18 If a grass-roots trade union that has acquired the legal personality of a trade union changes its name, domicile, legal representative and other matters, it shall, within 30 days from the date of the change, apply to the registration authority for registration of the change, and submit an application form for registration of the change of the trade union and relevant documents.

The registration administration authority shall, within 15 days from the date of accepting the application for change of registration, renew the Certificate of Qualification of Trade Union Legal Person and withdraw the original certificate.

Article 19 Where a grass-roots trade union legal person changes its organizational relationship, fund collection relationship or residence across the jurisdiction of the original registration management organ, the original registration management organ shall go through the formalities for changing the registration management authority, and transfer the registration management relationship of the grass-roots trade union legal person to the changed registration management organ in accordance with the principles established in these Measures.

Article 20 If a grass-roots trade union that has acquired the legal personality of a trade union exists after merger or division, but the original registration items change, it shall apply for registration of change.

Article 21 No organization or individual may change the registration of the legal personality of a trade union without registration of the change.

Chapter 5 Cancellation Registration.

Article 22 If the grass-roots trade union that has obtained the qualification of trade union legal person is approved by the general assembly or representative assembly and submitted to the trade union at the next higher level for approval of cancellation, or if it is correspondingly canceled due to the termination or cancellation of the unit, etc., it shall apply to the registration management organ for cancellation of registration within 30 days from the date of cancellation, and submit the application form for cancellation of trade union legal person registration, the documents agreed by the trade union at the superior trade union at the cancellation or the cancellation of the cancellation documents to the superior trade union at the superior trade, as well as the grass-roots trade union funds, asset liquidation and credit and debt completion of the certificate and other materials.

The registration administration authority shall, within 15 days from the date of accepting the application for cancellation of registration, complete the examination and registration and withdraw the Certificate of Qualification of Trade Union Legal Person.

Article 23 A basic-level trade union that has acquired the legal personality of a trade union shall apply for cancellation of registration if it is dissolved as a result of merger or division.

Chapter 6 Information Announcement and Certificate Management.

Article 24 Where a grass-roots trade union acquires, changes or cancels the legal personality of a trade union, the registration administration organ shall promptly publish the relevant information in newspapers or on the Internet in accordance with the law.

Article 25 The Trade Union Legal Person Qualification Certificate is the only legal certificate of the legal person qualification of the grass-roots trade union. A grass-roots trade union that has not obtained the Certificate of Trade Union Legal Person Qualification may not carry out activities in the name of a trade union legal person.

The "Trade Union Legal Person Qualification Certificate" and related registration application forms are uniformly issued by the All-China Federation of Trade Unions.

Article 26 The validity period of the Trade Union Legal Person Qualification Certificate is three to five years, and the specific time is the same as that of the trade union.

Article 27 If a grass-roots trade union has obtained the "Trade Union Legal Person Qualification Certificate" in accordance with the law, it shall, within 30 days before the expiration of the certificate, submit to the registration administration organ an application form for the renewal of the "Trade Union Legal Person Qualification Certificate" and the materials proving the existence of the trade union legal person, and issue a new certificate after the registration administration organ has passed the examination, and the validity period shall be recalculated.

Article 28 The Trade Union Legal Person Qualification Certificate shall not be altered, mortgaged, transferred or lent. If the "Trade Union Legal Person Qualification Certificate" is lost, the grassroots trade union shall publish an announcement in the newspapers or on the Internet within one month, and submit the "Trade Union Legal Person Qualification Certificate" replacement application form, loss announcement and explanation to the registration management agency, and apply for a new certificate.

Chapter 7 Supervision and Management.

Article 29 The registration management organ shall strengthen the supervision and management of the registration of the legal person qualification of the grass-roots trade union, and the grass-roots trade union shall accept and cooperate with the supervision and management of the registration management organ.

The higher-level trade unions shall strengthen the guidance, supervision and inspection of the lower-level trade unions in carrying out the registration and management of grass-roots trade union legal persons.

Article 30 If a grass-roots trade union organization or institution that does not have the conditions falsifies or fraudulently obtains registration when applying for registration, the registration administration organ shall cancel the registration and withdraw the "Trade Union Legal Person Qualification Certificate" and the unified social credit code.

Article 31 If the registration management organ does not strictly examine it, or abuses its power, resulting in serious consequences, the relevant responsibility shall be investigated in accordance with the law and discipline.

Chapter 8: The Love of the Family

Article 32 The establishment of trade union organizations such as the local federation of trade unions shall be managed by the establishment department, and the establishment department shall issue a unified social credit code certificate.

Article 33 The industrial trade union committees at all levels shall apply for the "Trade Union Legal Person Qualification Certificate", which shall be implemented with reference to these Measures.

Article 34 Trade union working committees, trade union offices and other trade union representative organs dispatched by local trade unions at or above the county level, and grass-roots trade unions with less than 25 trade union members who only elect organizers or trade union chairman to preside over the work may apply for a unified social credit code certificate with reference to the provisions of these Measures.

Article 35 The Federation of Trade Unions of all provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the provisions of these Measures, formulate specific implementation rules for the registration and management of grass-roots trade union legal persons, and report them to the All-China Federation of Trade Unions for the record.

Article 36 These Measures shall be interpreted by the All-China Federation of Trade Unions.

Article 37 These Measures shall come into force as of January 1, 2021. The Measures for the Registration of Legal Person Qualification of Grassroots Trade Unions issued by the All-China Federation of Trade Unions on June 13, 2008 shall be repealed at the same time.

Appendix: 1. Application Form for Registration of Trade Union Legal Person Qualification

2. Application Form for Change Registration of Trade Union Legal Person

3. Application Form for Cancellation of Registration of Trade Union Legal Person

4. Application Form for Supplementary (Replacement) of Trade Union Legal Person Qualification Certificate

5. Trade Union Unified Social Credit Code Application Form

6. Trade Union Legal Person Qualification Certificate Style

7. The trade union unified social credit code certificate style.