Full text of the 2016 revised version of the Regulations on the Administration of Registration of Social Organizations

Full text of the 2016 revised version of the Regulations on the Administration of Registration of Social Organizations

(Amended by Decree No. 666 of the State Council)

Regulations on the Administration of Registration of Social Organizations (Revised on February 6, 2016) (Promulgated by Order No. 250 of the State Council on October 25, 1998, and revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations by Order No. 666 of the State Council on February 06, 2016)

Chapter I General Provisions

Article 1 These Regulations are formulated in order to safeguard citizens' freedom of association, safeguard the legitimate rights and interests of social organizations, strengthen the registration and management of social organizations, and promote the construction of socialist material civilization and spiritual civilization.

Article 2 The term "social organization" as mentioned in these Regulations refers to a non-profit social organization formed voluntarily by Chinese citizens to carry out activities in accordance with its articles of association in order to realize the common will of its members. Organizations other than state organs may join social groups as unit members.

Article 3 The establishment of a social organization shall be subject to the examination and approval of its competent business unit and shall be registered in accordance with the provisions of these Regulations. Social organizations shall have the conditions of a legal person. The following organizations do not fall within the scope of registration stipulated in these regulations: (1) People's organizations participating in the Chinese People's Political Consultative Conference; (II) organizations that are approved by the State Council's organization management agency and approved by the State Council to be exempted from registration; (III) agencies, organizations, enterprises Organizations established within the institution with the approval of the unit and operating within the unit.

Article 4 Social organizations must abide by the Constitution, laws, regulations and state policies, must not oppose the basic principles established by the Constitution, must not endanger the unity and security of the country and the unity of the nation, must not harm the interests of the state, the public interests of society and the legitimate rights and interests of other organizations and citizens, and must not violate social morality and customs. Social organizations may not engage in profit-making business activities.

Article 5 The State shall protect the activities of social organizations in accordance with laws, regulations and their articles of association, and no organization or individual may interfere illegally.

Article 6 The civil affairs department of the State Council and the civil affairs departments of the local people's governments at or above the county level are the registration and management organs of social organizations of the people's governments at the corresponding levels (hereinafter referred to as the registration and management organs). The relevant departments of the State Council, the relevant departments of the local people's governments at or above the county level, and the organizations authorized by the State Council or the local people's governments at or above the county level are the competent business units of social organizations within the relevant industries, disciplines or business scope (hereinafter referred to as the competent business units). Where laws and administrative regulations provide otherwise for the supervision and management of social organizations, they shall be implemented in accordance with the provisions of relevant laws and administrative regulations.

Chapter II Jurisdiction

Article 7 The registration management organ of the State Council shall be responsible for the registration management of national social organizations; the registration management organ of the local people's government shall be responsible for the registration management of local social organizations; and the registration management organ of the people's government at the next higher level shall be responsible for the registration management of social organizations across administrative regions.

Article 8 If the registration management organ or the competent business unit is not in the same place as the domicile of the social organization under its jurisdiction, it may entrust the registration management organ or the competent business unit of the domicile of the social organization to be responsible for the supervision and management work within the scope of entrustment.

Chapter III Registration of Establishment

Article 9 An application for the establishment of a social organization shall be examined and approved by its competent business unit, and the promoter shall apply for registration with the registration administration authority. No activities other than preparatory activities may be undertaken during the preparatory period.

Article 10 The following conditions shall be met for the establishment of a social organization: (1) There are more than 50 individual members or more than 30 unit members; if individual members and unit members are mixed, the total number of members shall not be less than 50; the (II) has a standardized name and corresponding organizational structure; the (III) has a fixed residence; the (IV) has full-time staff suitable for its business activities; (V) have legal sources of assets and funds, national social organizations have more than 100000 yuan of activity funds, local social organizations and cross-administrative social organizations have more than 30000 yuan of activity funds; (VI) have the ability to independently bear civil liability. The name of a social organization shall conform to the provisions of laws and regulations and shall not violate social morals and customs. The name of a social group shall be consistent with its business scope, distribution of members and geographical area of activity, and accurately reflect its characteristics. If the name of a national social organization is prefixed with the words "China", "the whole country" or "China", it shall be approved in accordance with the relevant provisions of the state, and the name of a local social organization shall not be prefixed with the words "China", "the whole country" or "China.

Article 11 To apply for registration of a social organization, the promoter shall submit the following documents to the registration management agency: (1) Registration application; Approval documents of the (II) business competent unit; (III) capital verification report and site use right certificate; (IV) promoter and proposed The basic information and identity certificate of the person in charge; (V) draft articles of association.

Article 12 The registration administration organ shall, within 60 days from the date of receipt of all the valid documents listed in Article 11 of these Regulations, make a decision on whether to approve or not to register. If the registration is approved, a "Social Organization Legal Person Registration Certificate" shall be issued; if the registration is not approved, the reasons shall be explained to the promoters. The registration items of social organizations include: name, residence, purpose, business scope, activity area, legal representative, activity funds and business competent unit. The legal representative of a social organization shall not simultaneously serve as the legal representative of any other social organization.

Article 13 Under any of the following circumstances, the registration management agency shall not register: (1) The purpose and business scope of the social organization applied for preparation on the basis of proof do not conform to the provisions of Article 4 of these regulations; (II) in the same administrative area There are existing social organizations with the same or similar business scope, and it is not necessary to establish them; (III) promoters and proposed persons in charge are or have been subject to criminal penalties for deprivation of political rights, or do not have full capacity for civil conduct; (IV) practice fraud when applying for registration; (V) other circumstances prohibited by laws or administrative regulations.

Article 14 The articles of association of a social organization shall include the following matters: (1) name and domicile; purpose of the (II), scope of business and territory of activity; membership of the (III) and its rights and obligations; a (IV) and democratic system of organization and management and procedures for the formation of executive bodies; conditions for the formation and removal of (V) leaders; principles for the management and use of (VI) assets; and procedures for the amendment of the articles of association of (VII); (VIII) termination procedures and disposal of assets after termination; (IX) other matters that should be stipulated by the articles of association.

Article 15 In accordance with the law, a social organization that has the status of a legal person from the date of approval of its establishment shall, within 60 days from the date of approval of its establishment, submit the approval document to the registration management authority and apply for the "Social Organization Legal Person Registration Certificate." The registration authority shall, within 30 days from the date of receipt of the documents, issue the Certificate of Registration of Social Organizations as Legal Persons.

Article 16 A social organization shall apply for engraving seals and open bank accounts on the strength of the Certificate of Registration of Social Organizations as Legal Persons. The social organization shall report the seal style and bank account number to the registration management authority for the record.

Article 17 The branches and representative offices of a social organization are part of the social organization and do not have legal personality. They shall, in accordance with the purpose and business scope stipulated in the articles of association of the social organization to which they belong, within the scope authorized by the social organization Carry out activities and develop members. A branch of a social organization may no longer establish a branch. Social organizations may not establish regional branches.

Chapter IV Change of Registration and Cancellation of Registration

Article 18 If the registration items of a social organization need to be changed, it shall, within 30 days from the date of examination and approval by the competent business unit, apply to the registration administration organ for registration of change. A social organization shall, within 30 days from the date of examination and approval by the competent business unit, report to the registration authority for approval.

Article 19 under any of the following circumstances, a social organization shall, after examination and approval by the competent business unit, apply to the registration administration organ for cancellation of registration: (1) it has completed the purpose stipulated in the articles of association of the social organization; it is (II) to dissolve on its own; it (III) divided or merged; (IV) terminated for other reasons.

Article 20 Before the cancellation of registration, a social organization shall, under the guidance of the competent business unit and other relevant organs, establish a liquidation organization to complete the liquidation work. During the period of liquidation, social groups shall not carry out activities other than liquidation.

Article 21 A social group shall, within 15 days from the date of completion of the liquidation, go through the formalities for cancellation of registration with the registration administration organ. For the cancellation of registration, the application for cancellation of registration signed by the legal representative, the examination documents of the competent business unit and the liquidation report shall be submitted. If the registration authority approves the cancellation of registration, it shall issue a certificate of cancellation and confiscate the registration certificate, seal and financial documents of the social organization.

Article 22 A social group shall dispose of the remaining property after cancellation in accordance with the relevant provisions of the State.

Article 23 The establishment, cancellation or change of name, domicile and legal representative of a social organization shall be announced by the registration administration organ.

Chapter V Supervision and Administration

Article 24 The registration management agency shall perform the following supervision and management duties: (1) Responsible for the registration of the establishment, change, and cancellation of social organizations; (II) the implementation of annual inspections of social organizations; (III) the supervision and inspection of social organizations' violations of these regulations, Administrative penalties shall be imposed on social organizations' violations of these regulations.

Article 25 The competent business unit shall perform the following supervision and management duties: (1) be responsible for the examination before the establishment registration, change registration and cancellation of registration of social organizations; (II) supervise and guide social organizations to abide by the Constitution, laws, regulations and national policies, and carry out activities in accordance with their articles of association; (III) be responsible for the preliminary examination of the annual inspection of social organizations; (IV) assist the registration authorities and other relevant departments in investigating and dealing with the illegal acts of social organizations; the (V) shall, in conjunction with the relevant authorities, guide the liquidation of social groups. When performing the duties prescribed in the preceding paragraph, the competent business unit shall not collect fees from social organizations.

Article 26 The source of assets of social organizations must be legal, and no unit or individual may embezzle, privately divide or misappropriate the assets of social organizations. The funds of social organizations and the legitimate income obtained from carrying out the activities stipulated in the articles of association in accordance with the relevant provisions of the State must be used for the business activities stipulated in the articles of association and shall not be distributed among the members. When social organizations accept donations and subsidies, they must conform to the purpose and business scope stipulated in the articles of association, and must be used in accordance with the time limit, method and legal purpose agreed with the donor and sponsor. Social organizations shall report to the competent business units on the acceptance and use of donations and financial assistance, and shall make the relevant information known to the public in an appropriate manner. The salary, insurance and welfare benefits of the full-time staff of social organizations shall be implemented with reference to the relevant provisions of the State on public institutions.

Article 27 Social organizations must implement the financial management system prescribed by the state and accept the supervision of the financial department; if the source of assets belongs to state appropriations or social donations or financial assistance, they shall also accept the supervision of audit institutions. Before a social organization changes its term or changes its legal representative, the registration management organ and the competent business unit shall organize a financial audit of it.

Article 28 A social organization shall submit the work report of the previous year to the competent business unit before March 31 of each year, and after the preliminary examination and approval of the competent business unit, it shall submit it to the registration administration organ before May 31 for annual inspection. The contents of the work report include: the social organization's compliance with laws, regulations and national policies, the performance of registration procedures in accordance with these regulations, the activities carried out in accordance with the articles of association, the changes of personnel and institutions, and the financial management. For social organizations that have issued the "Social Organization Legal Person Registration Certificate" in accordance with the provisions of Article 17 of these regulations, the registration management agency shall simplify the content of the annual inspection.

Chapter VI Penalties

Article 29 If a social organization practices fraud when applying for registration, fraudulently obtains registration, or fails to carry out activities within one year from the date of obtaining the "Social Organization Legal Person Registration Certificate", the registration management agency shall cancel the registration.

Article 30: If a social organization has one of the following circumstances, the registration management agency shall give a warning, order it to make corrections, may stop its activities within a time limit, and may order the replacement of the directly responsible person in charge; if the circumstances are serious, the registration shall be revoked; if a crime is constituted, Criminal responsibility shall be investigated according to law: (1) Altering, leasing, or lending the "Social Organization Legal Person Registration Certificate", or leasing, or leasing or lending the seal of social organization; (II) carry out activities beyond the purpose and business scope stipulated in the articles of association; (III) refuse to accept or fail to accept supervision and inspection in accordance with the provisions; (IV) fail to go through the change registration in accordance with the provisions; (V) set up branches and representative offices in violation of the provisions, or neglect the management of branches and representative offices, resulting in serious consequences; (VI) engage in profit-making business activities; (VII) embezzling, privately dividing, or misappropriating the assets of a social organization or the donations or financial assistance it receives; (VIII) collecting fees, raising funds, or accepting or using donations or financial assistance in violation of relevant state regulations. If the illegal business amount or illegal income is involved in the acts specified in the preceding paragraph, it shall be confiscated, and a fine of 1 to 3 times the illegal business amount or 3 to 5 times the illegal income may be imposed.

Article 31 If the activities of social organizations violate other laws and regulations, they shall be dealt with by the relevant state organs in accordance with the law; if the relevant state organs consider it necessary to cancel the registration, the registration management organ shall cancel the registration.

Article 32: Those who carry out activities other than preparations during the preparatory period, or carry out activities in the name of social organizations without registration, and social organizations whose registration has been canceled continue to carry out activities in the name of social organizations, shall be banned by the registration management agency and confiscated Illegal property; if a crime is constituted, criminal responsibility shall be investigated according to law; if a crime is not constituted, public security management penalties shall be imposed according to law.

Article 33 If a social organization is ordered to stop its activities within a time limit, the registration management agency shall seal up the "Social Organization Legal Person Registration Certificate", seal and financial documents. If the registration of a social organization is revoked, the Registration Administration Authority shall confiscate the Certificate of Registration of a Social Organization as a Legal Person and the seal.

Article 34 Where a staff member of a registration management organ or a competent business unit abuses his power, engages in malpractices for personal gain, or neglects his duty, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if a crime is not constituted, he shall be given administrative sanctions according to law.

Chapter VII Supplementary Provisions

Article 35 The format of the Certificate of Registration of Social Organizations as Legal Persons shall be formulated by the civil affairs department of the State Council. No fees may be charged for the annual inspection of social groups.

Article 36 Social organizations that have been established before the implementation of these regulations shall apply for re-registration in accordance with the relevant provisions of these regulations within one year from the date of implementation of these regulations.

Article 37 These Regulations shall enter into force as of the date of promulgation. The Regulations on the Administration of Registration of Social Organizations promulgated by the State Council on October 25, 1989 shall be repealed at the same time.