河南省《社会团体登记管理条例》实施办法

河南省《社会团体登记管理 条例 事业单位人事管理条例.pdf信访条例下载信访条例下载问刑条例下载新准则、条例下载 》实施办法 Promulgated by the people's Government of Henan province (promulgated by the people's Government of China) 20010929 (time of promulgation) 20010929 (time of implementation) Order No. sixty-second of the people's Government of Henan Province Measures for the implementation of the regulations of the Henan on the registration and administration of social organizations By deliberation and approval by the executive meeting of the provincial government, it is hereby promulgated and shall come into effect on January 1, 2002. September 29, 2001 Article 1 These measures are formulated in accordance with the regulations of the State Council on the administration of the registration of social organizations (hereinafter referred to as the regulations), and in light of the actual conditions of our province. The social organizations referred to in the present Measures refer to the non-profit organizations composed of Chinese citizens who voluntarily constitute themselves in the administrative areas of the province and carry out their activities in accordance with their articles of association in order to realize the common will of their members and members of the Chinese people's Republic of China (second). A social organization must be registered in accordance with the provisions of the regulations, but it does not belong to the registration scope stipulated in the regulations and does not register. Third social organizations must abide by the constitution, laws, regulations and policies of the state, shall not oppose the basic principles of the constitution, shall not endanger national unity, security and national solidarity, and shall not harm the national interests and social public interests and the legitimate rights and interests of other organizations and citizens, shall not violate the social morality. Fourth People's governments above the county level civil affairs departments of the people's government, is the social group registration authority (hereinafter referred to as the registration authority); the people's governments at or above the county level organization authorized by the relevant departments and the people's governments at or above the county level, is a social organization with the competent business unit (hereinafter referred to as the competent business unit). Fifth of the province's social organizations (including the foundation), by the provincial registration authority responsible for the registration and management; city, county (city, district) social groups, by the city and county (city, district) the registration authority responsible for the registration and management of social organizations; cross administrative regions, by cross administrative regions on a common level of the registration authority responsible for the registration and management. The registration administration organ and the competent business unit shall entrust the supervision and management of social organizations, social organizations should be in the registration within 30 days from the date, were entrusted to the registration administration organ and the competent business unit, issued by the relevant registration documents and the management of social organizations of attorney. The entrusted registration authority and the competent business unit shall, from the date of receipt of the letter of entrustment for the management of social organizations, be responsible for the supervision and administration of the entrusted social organizations within the scope of their entrustment. Sixth, the establishment of social organizations, must have the provisions of the "Regulations" requirements, but also should have their business related business units, a democratic organization and management system and complete regulations. Seventh application for preparation for establishment of social groups, the list of full-time staff certificates of the promoters shall be submitted to the "Regulations" provisions of the documents, to the registration authority of the residence property or the right to use the certificate, and the basic situation, and submit the registration authority of the other documents. Eighth preparations for the establishment of social organizations, since the approval of preparations for the preparation of 6 months without completion of the preparatory work, the registration authority to withdraw the preparatory application, within 1 years may not apply for the preparation. If justified, the registration office may extend the preparatory time by 3 months. The legal representatives of ninth social organizations shall generally be held by the president (Chairman of the board). If the vice president (deputy director general) or the Secretary General acts as the legal representative, he shall report it to the competent authorities for examination and approval by the registration authority, and make clear in the constitution of the social organization. After the completion of the tenth preparatory work, the applicant shall submit the following documents to the registration authority to apply for the establishment of registration: (1) application for establishment of registration signed by the person in charge of the social organization established for the application; (two) the competent business unit agrees to establish the documents for registration; (three) articles of association adopted by the general assembly or by the members' congresses; (four) the person in charge, the principal members, the legal representatives and their basic conditions arising through democratic procedures; (five) determine the full-time staff members and their basic situation; (six) other documents required by the registration authority. The eleventh registration administrative organ shall complete the examination within 30 days from the date when the applicant reported the application for the establishment of all valid documents. In accordance with the provisions of the regulations and these measures, registration shall be granted and the registration certificate of social organizations as legal persons shall be issued. If the registration is not made, the applicant shall notify the applicant of the decision not to register. The twelfth social organizations shall be established as of the date of issuance of the registration certificate of social organizations as legal persons. The registration certificate of social organizations as legal persons shall not be altered, leased or lent; except for the registration administration, no unit or individual may detain or revoke it. "Registration certificate" corporation is damaged or lost, shall report to the registration authority, and newspaper announcements by cancellation; report and announcement to the registration authority to apply for a replacement. Thirteenth social groups need to change the registration matters, filing matters, shall within 30 days after the date of examination and consent of the competent business unit, apply for registration of change, change of registration to the registration authority (hereinafter referred to as registration). The following documents shall be submitted for the registration of social organizations change: Application for change of registration signed by the legal representative; (two) a change resolution adopted by the Council or the Executive Council for deliberation and approval; (three) the competent authority of the business shall examine and approve the change of the document. Fourteenth social groups to change the name, it shall explain the reason; the change of domicile shall apply for registration of change before it moves to the new domicile, and submit the property or the right to use the new residence certificate; change of legal representative, it shall submit the original legal representative or the legal representative to be appointed to sign the application for registration of change of financial audit report issued by the book and the society audit institutions; change activities of the capital verification report shall be submitted, issued by the social audit institution; the change of the competent business unit shall be issued at the same time, the social groups before and after the business unit in charge of the approval document. Social organizations shall not change the registration or filing of the registration without approval. The cancellation of registration, cancellation of the record fifteenth social organizations (hereinafter referred to as registration), the legal representative can not or can not perform the duties of the Council or the Standing Council elected by the 1 person in charge, in accordance with the resolutions of the Council or the Standing Council canceled, in charge of the business unit and other relevant departments under the guidance of the liquidation organization, complete the liquidation work, signed the cancellation of registration application, go through the formalities for cancellation of registration. Sixteenth social groups that survive because of a merger or division, If the registration items change, it shall apply for registration of change; if it is dissolved due to the merger or division, it shall apply for cancellation of registration; if it is newly established due to the merger or division, it shall apply for the establishment of the registration. Seventeenth social groups after the cancellation, the remaining in the settlement of the liquidation expenses, payment of wages, pension insurance and debt total expenditures of the property, countries have clearly defined, in accordance with the relevant provisions of the state; the state is not clearly defined, in accordance with the principles stated in the bylaws, by the competent business unit in conjunction with the registration authority the remaining property transferred to other social groups and the social groups with similar aims and business scope. The branches and representative offices of the eighteenth social organizations shall not establish branches or representative offices. Where a social organization establishes or changes or cancelled its branch or representative office, it shall apply for registration with the registration administration organ after examination and approval by the competent business unit. Where an office site is located, the site shall be subject to the approval of the registration administration of the place where it is located. If a social organization cancels its branch or representative office, it shall also cancel it. The name of a branch or representative organ of a social organization shall be the name of the social organization under which it belongs and shall be liable for the legal rights of the social organization under which it belongs. Social organizations shall not establish regional branches. The branches represent nineteenth social groups and institutions in areas outside the venue, should hold the management authority for registration and registration documents issued by the management of attorney to the registration authority for the record, and accept the supervision and management. The establishment of a special fund by the twentieth social organizations shall be subject to the approval of the competent business unit and shall be submitted to the Registration Administration for the record. If twenty-first social organizations establish, cancel or alter registration items, they shall be announced by the registration administration organ. The twenty-second registration administrative organs, competent business units and other relevant state organs shall, according to law, carry out official duties in accordance with the law, and social organizations shall assist them in providing relevant information and materials. The sources of assets of the twenty-third social organizations must be lawful. In addition to state appropriation, donations and grants must be made in accordance with the provisions of the law of the People's Republic of China on the donation of public welfare undertakings. When a social organization is changed, the competent business unit and the registration administration organ shall carry out financial audits of their property in accordance with the law. Twenty-fourth business organizations that have been withdrawn from registration shall, in conjunction with the relevant authorities, carry out property liquidation together with the relevant authorities. The registration authority shall collect the "social group legal person registration certificate", seal and financial documents, and make an announcement in the newspaper; refused to pay "social organizations registration certificate", seal and financial documents, the registration administration organ shall impose the payment in conjunction with the public security department. If a social organization is ordered to stop activities within the time limit, the registration authority shall seal its seals and financial documents during the cessation of activities. Twenty-fifth social organizations (other than the foundation) may invest in the establishment of legal persons in accordance with the law, but they should register with the administrative authorities for Industry and commerce according to law, and may also set up private non enterprise units. An enterprise legal person or a private non enterprise unit established by a social organization shall be put on record with the registration administration organ and the competent business unit. Social organizations and social organizations they set up shall not be accepted by other social organizations. Any of twenty-sixth social organizations in any of the following circumstances shall be disqualified for the annual inspection: (1) not carrying out business activities within 1 years; (two) the expenditure can not sustain the basic business activities; (three) engaging in activities other than those prescribed by the articles of Association; (four) in violation of the financial management system; (five) collecting fees in violation of the relevant regulations; (six) other violations of the regulations and the provisions of these measures. If a social organization fails to pass the annual inspection, the registration administration shall order it to rectify it within a time limit. No fees may be charged for annual inspection of social organizations. Twenty-seventh social organizations in the television, newspapers, radio and other news media publicity business, should be issued a "social organizations legal person registration certificate" and the registration authority review. Twenty-eighth social organizations collect membership fees, carry out paid services and other activities, should use the unified printed "Henan province folk organizations special invoice". Twenty-ninth social groups "are listed in the first paragraph of article thirty-third of the regulations", given a warning by the registration administration organ shall be ordered to make corrections within a specified time period, can, and can be ordered to replace the directly responsible person in charge; if the circumstances are serious, the registration shall be revoked; amount from illegal operations or illegal income shall be confiscated by the registration. The management authority, shall be 1 times the amount of illegal business less than 3 times, or 3 times the illegal income more than 5 times the fine; constitutes a crime, shall be investigated for criminal responsibility according to law. The activities of thirtieth social organizations that violate other laws and regulations shall be dealt with by the relevant state organs according to law; if the relevant state organs believe that the registration shall be cancelled, the registration authority shall cancel the registration. Thirty-first without approval, authorization to carry out preparatory activities for social groups, or without registration, without authorization by the name of a public organization activities, and revocation of the registration of social organizations to conduct activities in the name of a public organization, shall be banned by the registration authority, the confiscation of illegal property; constitutes a crime, criminal responsibility shall be investigated according to law; it is not constitutes a crime, shall be given administrative penalties for public security administration according to law. Any citizen, legal person or any other organization that commits any of the following acts shall be dealt with in accordance with the law by the relevant state organ; if the case constitutes a crime, criminal responsibility shall be investigated according to law according to law; thirty-second of the crimes committed by the relevant state organs shall be investigated and dealt with in accordance with the law: (1) providing funds or activities for illegal social organizations; (two) to open a bank account, for illegal social organizations to provide convenient conditions of seal engraving; (three) failing to perform the examination and approval procedures or to neglect the examination, to report and publicize illegal social organizations and their activities, and to publish books and periodicals and produce audio-visual products for them. Article thirty-third the registration administration organ and the competent business unit in one of the following circumstances, give an administrative sanction to the directly responsible personnel in charge and other directly responsible personnel; constitutes a crime, shall be investigated for criminal responsibility according to law: (1) refuse or intentionally make a registration applicant who meets the requirements or finish the registration item within the prescribed time without justified reasons; (two) in violation of the regulations and the provisions of these measures, certificates are issued to social organizations that do not have the qualifications; (three) illegally occupying property of social organizations or illegally collecting fees from social organizations; (four) supervising and checking social organizations beyond their functions and powers or in accordance with the regulations; (five) engage in malpractices for personal gain, abuse of power and neglect of duty. Article thirty-fourth these Measures shall come into force on January 1, 2002.