Chapter I General Principles
Article 1 In order to promote the development of social organizations, strengthen management, promote honesty and self-discipline, and give full play to the role of social organizations in social management services, these Measures are formulated in accordance with the provisions of the Regulations on the Registration and Management of Social Organizations, the Provisional Regulations on the Registration and Management of Private Non-enterprise Units, the Regulations on the Management of Foundations and other relevant laws and regulations, and in combination with the reality of the reform of the registration and management of social organizations in this Municipality.
Article 2 The term "social organizations" as mentioned in these Measures refers to social organizations, private non-enterprise units and foundations registered within the administrative area of this Municipality.
Article 3 These Measures shall apply to the registration, cultivation, supervision and management of social organizations within the administrative area of this Municipality.
Article 4 The management of social organizations shall adhere to the principles of separation of government and society, clear rights and responsibilities, and autonomy according to law.
Article 5 The civil affairs departments of cities and districts (county-level cities) are the registration management organs of social organizations within the administrative area of this Municipality.
Where the laws and regulations stipulate that the establishment of a social organization requires pre-approval, the relevant department is the business competent unit of the social organization (hereinafter referred to as the business competent unit) and performs the duties of the business competent unit according to law.
The administrative departments of education, religion, public security, justice, finance, health and price at all levels in this Municipality shall supervise and manage social organizations within the scope of their respective duties.
Article 6 The management of social organizations follows the principle of attaching equal importance to fostering development and standardized management. Governments at all levels in the city and their departments should promote the healthy and orderly development of social organizations, support and guide social organizations to participate in social management and public services, and enhance their ability to resolve social contradictions, provide social services and participate in social management.
Chapter II Registration of Establishment
Article 7 Private non-profit education and training institutions, private non-profit medical institutions, private social welfare institutions, private museums and other social organizations that require pre-approval according to laws and administrative regulations shall obtain the consent of the competent business unit before applying to the registration authority for establishment registration.
Other social organizations other than those specified in the preceding paragraph may directly apply to the registration authority for registration of establishment.
Article 8 Two or more social organizations with the same or similar business scope may be established in the same administrative area, but the names and signs of social organizations shall be obviously different.
Article 9 The number of registered social organizations in this Municipality shall be no less than 15.
Article 10 The name of a social organization shall conform to the provisions of laws and regulations, and shall not violate social morality, public order and good customs, and abide by the following provisions:
(a) consistent with its business scope, membership distribution and activity area, and accurately reflect its characteristics.
(two) shall not be preceded by the words "China", "national", "China" and "Guangdong".
(3) Social organizations with crown names shall not use names with political, religious or ambiguous meanings.
(4) It shall not have the same name or be indistinguishable from the name of a social organization that has been registered according to law or the registration administration organ has accepted the application for registration.
If the name of a social organization applying for registration appears in the above circumstances, the registration administration organ shall not register it.
Eleventh social organizations should have a fixed domicile, and the domicile must have a postal address.
Article 12 When a foundation is registered, it shall provide the registration authority with a capital verification report issued by a qualified social capital verification institution.
Social organizations and private non-enterprise units do not need to provide capital verification reports to the registration authority when registering.
Thirteenth to apply for registration of social organizations, sponsors shall submit the following documents to the registration authority:
(1) an application;
(two) proof of the right to use the account;
(3) Basic information and identity certificates of the promoters and the person-in-charge to be appointed;
(4) Draft articles of association.
Article 14 To apply for registration of a private non-enterprise unit, the promoters shall submit the following documents to the registration authority:
(1) an application;
(2) Proof of the right to use the place;
(3) Basic information and identity certificate of the person-in-charge to be appointed;
(4) Draft articles of association.
Private non-enterprise units that implement pre-approval as stipulated in the first paragraph of Article 7 of these Measures shall also submit relevant licenses (photocopies) or approval documents of competent business units.
Article 15 To apply for registration of a foundation, the promoters shall submit the following documents to the registration authority:
(1) an application;
(2) Draft articles of association;
(3) capital verification certificate and residence certificate;
(4) The list of directors, identity certificates and resumes of the proposed chairman, vice-chairman and secretary-general.
Article 16 The promoters or sponsors of social organizations, private non-enterprise units and foundations (hereinafter referred to as promoters) shall submit relevant materials for establishment registration to the registration authority within 15 days after the preparatory establishment meeting is held. If the submitted materials are incomplete, the registration authority shall issue a notice of material correction within 5 working days; If the submitted materials are complete, the registration authority shall make a decision on whether to approve the establishment registration within 20 working days from the date of accepting the application for the establishment registration of social organizations. If it is not approved, it shall explain the reasons in writing.
Seventeenth social organizations and foundations can set up branches (representative offices).
A branch (representative) institution does not have the status of a legal person, and its legal liability shall be borne by the social organization that established the branch (representative) institution.
Article 18 If the name, domicile and legal representative of a social organization change after its establishment registration, it shall perform internal procedures in accordance with the articles of association and apply to the registration authority for registration of change within 30 days after completing the internal procedures. The registration authority shall complete the formalities within 10 working days from the date of receiving the qualified application materials.
Nineteenth social organizations in any of the following circumstances, it shall apply to the registration authority for cancellation of registration:
(1) The purpose stipulated in the articles of association of a social group is realized or the reasons for dissolution stipulated in the articles of association appear;
(2) Division or merger;
(3) dissolving by itself;
(4) Termination for other reasons.
Article 20 Before going through the cancellation of registration, social organizations shall form their own liquidation group to liquidate, clear up creditor's rights and debts, write off financial bills, deal with the aftermath, and report to the registration authority (social organizations that require pre-approval according to national laws and regulations shall report to the competent business unit); After a social organization establishes a liquidation group, it shall not carry out other activities in the name of the organization except liquidation.
Social organizations shall go through the cancellation of registration with the registration authority within 15 days from the date of liquidation, and the registration authority shall complete the formalities within 10 working days from the date of receiving the application materials.
The branches (representative) of the cancelled social organizations shall be cancelled at the same time.
Chapter III Internal Governance
Twenty-first social organizations should establish an internal management system with articles of association as the core, and establish a democratic election, democratic decision-making, democratic management, democratic supervision, honesty and self-discipline and honest employment mechanism.
The articles of association of social organizations are the basic basis for the internal governance of social organizations and should abide by relevant laws and regulations.
The registration authority shall formulate a model text of the articles of association of a social organization, and clarify the purpose, business scope, conditions of the person in charge and procedures for creation and recall of the social organization.
Amendments to the articles of association of social organizations shall be passed by voting in accordance with the procedures stipulated in the articles of association and reported to the registration authority for approval.
If the contents stipulated in the articles of association of a social organization conflict with laws and regulations, the conflicting part shall be invalid.
Article 22 Social organizations adhere to the principle of separating politics from society. On-the-job civil servants are not allowed to work part-time in trade associations, foreign chambers of commerce, private non-enterprise units or foundations. If it is really necessary to work part-time after retirement, it shall be examined and approved in strict accordance with relevant regulations.
Twenty-third social organizations may, according to the actual situation, set up decision-making, execution and supervision institutions in accordance with the principles of clear rights and responsibilities, mutual restraint and coordinated operation.
Article 24 The members' assembly of social organizations, the council of private non-enterprise units and the council of foundations are the decision-making bodies of social organizations, which mainly perform the following duties:
(1) Deciding on the business scope and work functions;
(two) to elect or recall the person in charge of social organizations;
(three) to review the annual work report and annual financial report of this institution;
(four) to make resolutions on the change of registered items, the establishment of branches (representative offices), dissolution, liquidation and termination of this institution;
(5) Amending or revoking inappropriate decisions of the executive organs, supervisory organs and other institutions of the Organization;
(six) to formulate or amend the articles of association and election methods;
(7) Other major matters.
If there are other provisions in the articles of association of social organizations, such provisions shall prevail.
Article 25 The executive organ of a social organization shall be decided by the decision-making organ of the social organization and stipulated in the articles of association. Responsible for implementing the resolutions of decision-making bodies, putting forward work suggestions and reports to them, managing their internal organs and full-time staff, and deciding on specific work and business.
Article 26 Trade associations and chambers of commerce shall set up a board of supervisors, and foundations shall set up a board of supervisors or supervisors. A supervisor may not concurrently serve as a director.
The board of supervisors or supervisors is the supervisory body (person) of social organizations. Under the leadership of the decision-making body, the supervision institution (person) shall perform the internal supervision duties of the institution, mainly performing the following duties:
(a) report the annual work to the decision-making body, and report major issues in a timely manner.
(2) to supervise the election and recall within the organization.
(three) to supervise the implementation of the decision-making organs.
(four) to check the financial and accounting information of this institution. When necessary, report the situation to the registration authority and the competent departments of taxation and accounting, and assist the above departments in supervision and inspection.
(five) to supervise the organization's compliance with laws, regulations and articles of association. When the behavior of the responsible person, members and staff of the organization harms the interests of the organization or violates laws, regulations and articles of association, they are required to correct it, report it to the decision-making body and relevant government departments when necessary, and assist relevant departments to investigate and deal with it according to law.
(six) have the right to put forward questions and suggestions to the decision-making bodies and executive bodies.
(seven) responsible for the prevention and control of corruption within the organization.
Article 27 The legal representative of a social organization shall be the person in charge of the social organization, which shall be specified in the articles of association.
Twenty-eighth social organizations should establish an internal information disclosure mechanism, and announce their major activities, financial status, work reports and other information to the members of the organization at least once a year.
Social organizations that accept donations and subsidies shall, within 15 working days after accepting donations and subsidies, announce the information of accepting donations and subsidies to the public through the municipal social organization supervision and information release platform, and disclose the relevant information of donations and subsidies in the annual report.
Twenty-ninth trade associations and chambers of commerce shall take the following measures to strengthen the construction of industry integrity and standardize industry management:
(a) the establishment of integrity supervision institutions, formulate industry conventions, codes of conduct and service standards, and strengthen industry integrity and self-discipline;
(two) report to the market supervision department in a timely manner the dishonesty and dishonesty of member units, and assist the market supervision department to deal with it;
(3) Incorporating the record of dishonesty of member units into the social credit information system according to law;
(four) other industry credit construction measures as prescribed by laws and regulations.
The registration authority of social organizations, competent business units and relevant administrative departments shall take measures to regulate the service and charging behavior of social organizations such as trade associations and chambers of commerce.
Article 30 The assets and income of social organizations shall all be used for the business scope and the development of public welfare undertakings as stipulated in the articles of association, except as otherwise provided by laws and regulations.
The property disposal of social organizations shall conform to the purpose and business scope of service activities stipulated in their articles of association, and shall not be distributed among members.
Thirty-first social organizations should implement the accounting system of non-governmental non-profit organizations stipulated by the state, set up accounting institutions or equip accounting personnel to conduct accounting according to law; If it does not meet the requirements, it shall entrust an intermediary institution established with approval to engage in accounting agency bookkeeping.
Social organizations should ensure that accounting data are legal, true, accurate and complete, and keep them as long-term files.
When a social organization changes its legal representative, it shall submit an audit report issued by a qualified accounting firm to its registration authority 15 working days in advance.
Chapter IV Cultivation and Support
Article 32 The municipal, district (county-level city) people's governments shall incorporate the funds supporting the development of social organizations into the annual budget of the civil affairs departments, so as to support social organizations to effectively undertake the transfer of government functions, purchase services and authorization matters, support social organizations to cultivate service brands, and provide public products and public welfare support.
Thirty-third registration authorities at all levels shall guide social organizations at the same level to establish breeding and incubation bases; The competent departments of relevant industries shall, according to actual needs, guide social organizations in relevant fields and industries to establish incubation bases.
Incubation bases of various social organizations shall give priority to incubating charitable and social service social organizations, and provide supporting services such as office space, policy consultation, project planning, personnel training, institutional incubation and small grants. For social organizations or public service projects, and guide their daily activities.
Social organization incubation bases may apply for one-time financial subsidies in accordance with relevant regulations. The financial departments at all levels in this Municipality shall support the daily operation funds of the social organization incubation base under their jurisdiction, incorporate them into the financial budget, and allocate working funds.
Thirty-fourth municipal organization department is responsible for regularly compiling the functional catalogue transferred from the government at the corresponding level to social organizations, and publishing it to the public, so as to gradually realize that the transactional management services undertaken by the government shall be undertaken by social organizations according to law.
Thirty-fifth municipal finance department is responsible for regularly compiling the catalogue of services purchased by the government at the corresponding level from social organizations, and publishing it to the public. Governments at all levels in the city encourage and guide social organizations to participate in social management in an orderly manner, provide public services, and support social organizations to carry out public services.
Thirty-sixth municipal civil affairs department is responsible for the regular compilation of the city's social organizations with the ability to undertake government functions and purchase services, and announce them to the public, and implement dynamic management.
When transferring functions and purchasing services from social organizations, the governments at all levels and their departments in this Municipality shall select the best through bidding and other competitive methods in the catalogue specified in the preceding paragraph.
Thirty-seventh social organizations enjoy preferential tax policies in accordance with relevant state regulations.
The municipal finance and taxation departments shall examine and confirm the tax exemption qualification of non-profit organizations applied by social organizations approved by the registration administration authority every year, and make it public.
Thirty-eighth governments at all levels and relevant departments of this Municipality shall solicit and listen to the opinions and suggestions of relevant social organizations when drafting local regulations, government regulations, public policies and industry development plans involving social organizations.
Chapter V Supervision and Administration
Article 39 The registration administration organ shall perform the following duties of supervision and administration:
(a) responsible for the registration or filing of the establishment, alteration and cancellation of social organizations;
(2) rating social organizations;
(three) to supervise and inspect the daily activities of social organizations;
(four) the implementation of administrative penalties for illegal acts of social organizations;
(five) the classification guidance and management of social organizations;
(six) other duties as prescribed by laws and regulations.
Fortieth business units shall perform the following duties:
(1) To be responsible for the examination before the establishment registration, change registration and cancellation registration of some social organizations;
(two) to supervise and guide social organizations to abide by the Constitution, laws, regulations and national policies, establish and improve internal governance and integrity mechanisms, and carry out activities in accordance with their articles of association;
(three) to assist the registration authority and other relevant departments to investigate and deal with illegal acts of social organizations;
(4) Other duties as prescribed by laws and regulations.
Article 41 Social organizations shall abide by the provisions of the Constitution and laws, and shall not violate social morality, public order and good customs, and shall not engage in the following acts:
(a) forcing units and individuals to join or restrict their withdrawal from social organizations, except as otherwise provided by laws and regulations;
(2) imposing property or personal punishment on members of the organization;
(three) forcing units and individuals to donate or forcibly apportion;
(four) the use of overseas donations or funding to engage in activities that endanger national security, and social organizations that are not religious groups use overseas donations or funding to engage in religious activities;
(five) to carry out appraisal, compliance and commendation activities outside the members of social organizations;
(6) Acts unrelated to the aims and articles of association of social organizations.
Article 42 If a social organization has the following major activities, it shall submit a written report to the registration authority and the relevant competent departments 15 in advance, and submit the contents, methods, scale, participants, time, place, funds and other related materials of the activities:
(1) Convening a general meeting of members (members' representatives);
(2) Establishing economic entities;
(3) Accepting donations or subsidies from abroad;
(4) foreign activities (including Hong Kong, Macao and Taiwan);
(five) fund-raising activities carried out by foundations and charitable organizations for the public.
Article 43 After the person in charge of a social organization is changed according to law, if the former person in charge of the social organization or the relevant staff refuses to go through the transfer procedures and illegally holds the certificate, seal or relevant materials of the social organization, the registration administration organ shall declare it invalid.
Forty-fourth social organizations to implement the annual report system. Social organizations shall submit annual reports before March 3 1 every year. Except for the change of the person in charge of the social organization or the change of the legal representative, the annual report does not need to submit a financial audit report.
Forty-fifth the implementation of social organization classification evaluation system, the implementation of dynamic evaluation of social organizations.
Establish a social organization evaluation mechanism with government guidance, departmental coordination and social participation, and encourage third-party evaluation agencies to participate in social organization evaluation.
Forty-sixth social organization rating conclusions as an important basis for the government to transfer functions to social organizations and purchase services; If the grade assessment reaches more than 3A as stipulated in the Administrative Measures for Social Organization Assessment of the Ministry of Civil Affairs, the government functions and services will be given priority under the same conditions.
Forty-seventh municipal civil affairs departments to establish social organization information publishing platform, timely and accurately to the public social organization registration management and other information that should be announced and publicized according to law.
The registration administration organs at all levels in this Municipality shall establish and improve the registration files and statistical system of social organizations.
Article 48 The registration administration organ and the relevant government departments shall promptly announce to the public the situation of social organizations' law-abiding, honesty and trustworthiness, honesty and integrity, and incorporate them into the social credit management system according to law.
Chapter VI Legal Liability
Article 49 If a social organization is under any of the following circumstances, the registration authority shall cancel its registration in accordance with Article 32 of the Regulations on the Registration of Social Organizations, Article 24 of the Provisional Regulations on the Registration of Private Non-enterprise Units and Article 41 of the Regulations on the Management of Foundations:
(1) Failing to meet the requirements for registration of establishment as prescribed by laws, regulations and these Measures, and resorting to fraud to defraud registration;
(2) Failing to carry out activities within one year from the date of establishment registration;
(three) meet the cancellation conditions, but refused to go through the cancellation procedures.
Article 50 In any of the following circumstances, a social organization shall be given a warning, ordered to correct or stop its activities by the registration administration organ in accordance with Article 33 of the Regulations on the Registration of Social Organizations, Article 25 of the Provisional Regulations on the Registration of Private Non-enterprise Units and Article 42 of the Regulations on the Management of Foundations, and may be ordered to replace the responsible personnel. If the circumstances are serious, the registration shall be cancelled:
(a) in violation of the provisions of article eighteenth, did not apply for registration of change;
(two) in violation of the provisions of article thirtieth, privately dividing or misappropriating the assets of social organizations or donating or subsidizing them;
(three) in violation of the provisions of article forty-first (a), forcing units and individuals to join or restrict their withdrawal from social organizations;
(four) in violation of the provisions of article forty-first (two), impose property penalties on members of the organization;
(five) in violation of the provisions of article forty-first (three), forcing units and individuals to donate or forcibly apportion;
(six) in violation of the provisions of article forty-first (five), in addition to members of social organizations to carry out appraisal, standards, recognition activities.
Social organizations and private non-enterprise units with illegal business turnover or illegal income from the acts specified in the preceding paragraph shall be confiscated, and the illegal income shall be fined between 0 and 3 times or between 3 and 5 times.
Fifty-first social organizations in any of the following circumstances, given a warning by the registration authority, ordered to make corrections or stop activities within a time limit; If the circumstances are serious, a fine of not less than twenty thousand yuan but not more than fifty thousand yuan shall be imposed:
(a) in violation of the provisions of article twenty-eighth, did not disclose its main activities, financial status, work report and other information. Announce it to the members of the organization once a year, or fail to announce the information of accepting donations and subsidies to the society within 15 working days after accepting donations and subsidies, and disclose the use of donations and subsidies in the annual report;
(two) in violation of the provisions of article forty-second, did not report major issues;
(three) in violation of the provisions of article forty-fourth, did not submit the annual report.
Article 52 In any of the following circumstances, a social organization shall be banned and its illegal property confiscated by the registration administration organ in accordance with Article 35 of the Regulations on the Registration of Social Organizations, Article 27 of the Provisional Regulations on the Registration of Private Non-enterprise Units and Article 40 of the Regulations on the Management of Foundations:
(a) without registration, without authorization to carry out activities in the name of social organizations;
(two) the social organization whose registration has been revoked continues to carry out activities in the name of social organizations.
After the illegal social organization is banned, the registration administration organ shall handle the illegal property confiscated according to law in accordance with the relevant provisions of the state; All the illegal gains confiscated according to law and the money for handling confiscated property shall be turned over to the state treasury. If illegal social organizations continue to carry out activities after being banned, the registration administration organ shall promptly notify the relevant departments to investigate and deal with them.
Article 53 If a social organization violates the provisions of Item (4) of Article 41 of these Measures and engages in activities endangering national security with donations or subsidies from abroad, the registration administration organ shall impose a fine of 50,000 yuan, and may order the replacement of the relevant responsible personnel; If the circumstances are serious, the registration shall be cancelled. The relevant responsible personnel shall be dealt with in accordance with Article 22 of the Detailed Rules for the Implementation of the National Security Law of People's Republic of China (PRC). If a crime is constituted, criminal responsibility shall be investigated according to law. If it does not constitute a crime, the state security organ shall give it a warning, admonish it or order it to make a statement of repentance.
Social groups that are not religious groups, in violation of Item (4) of Article 41 of these Measures, engage in religious activities by using donations and subsidies from abroad, shall be ordered by the religious affairs department to stop their activities in accordance with the provisions of the second paragraph of Article 43 of the Regulations on Religious Affairs of the State Council; Illegal income, confiscate the illegal income; If the circumstances are serious, a fine of not less than/kloc-0 and not more than 3 times the illegal income may be imposed.
Article 54 If the registration authority, relevant departments, legally authorized organizations and their staff violate the provisions of these measures, abuse their powers, neglect their duties or engage in malpractices for selfish ends, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; Those suspected of committing a crime shall be handed over to judicial organs for handling according to law.
Chapter VII Supplementary Provisions
Fifty-fifth Hong Kong, Macao and Taiwan personnel to invest in the establishment of economic entities in this city and carry out industrial and commercial registration, this city can hold leadership positions and non-leadership positions of social organizations in this city except the legal representative, but it should be reported to the relevant departments for examination and approval in accordance with relevant regulations.
Article 56 The term "person in charge of a social organization" as mentioned in these Measures refers to the members who hold the post of secretary-general or above of the organization, including but not limited to the president, vice-president, supervisor and secretary-general; Members belonging to private non-enterprise units are directors, directors and supervisors of the organization; Those who belong to the foundation are those who hold the positions of chairman, vice-chairman and secretary-general of the organization.
Article 57 These Measures shall be implemented as of 20 15 1+0.