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民办非企业单位登记管理暂行条例 Provisional Regulations for the Registration Administration of People-Run non-Enterprise Units

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国务院令第251号
(Promulgated by Decree No. 251 of the State Council of the People's Republic of China on October 25, 1998)
颁布日期:19981025  实施日期:19981025  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated with a view to standardizing the registration administration of people-run non-enterprise units, protecting the legitimate rights and interests of people-run non-enterprise units and promoting the building of socialist material civilization and spiritual civilization.

  Article 2 The people-run non-enterprise units referred to in these Regulations mean enterprise institutions, societies and other social forces as well as social organizations established with non-state-owned assets by individual citizens for non-profit social services.

  Article 3 Establishment of a people-run non-enterprise unit shall be subject to the examination and approval of its competent business department and registration pursuant to the provisions of these Regulations.

  Article 4 People-run non-enterprise units shall abide by the Constitution, laws, regulations and state policies, shall not oppose the fundamental principles enunciated in the Constitution, shall not endanger the unification, security and national solidarity of the state, shall not harm state interests, public interest of society as well as the legitimate rights and interests of other social organizations and citizens and shall not violate social ethics and custom.

  People-run non-enterprise units shall not engage in profit-making business operations.

  Article 5 The civil affairs department under the State Council and civil affairs departments of local people's governments at all levels above the county level are organs of registration administration for people-run non-enterprise units of people's governments at the corresponding level(hereinafter referred to as registration administration organs for abbreviation).

  The departments concerned under the State Council and the departments concerned of local people's governments at all levels above the county level, and organizations authorized by the State Council or local people's governments at all levels above the county level are the competent business units for people-run non-enterprise units of relevant trades within their business scopes(hereinafter to referred to as competent business units for abbreviation).

  Where laws and administrative regulations have separate provisions for the supervision and administration of people-run non-enterprise units, enforcement shall be carried out pursuant to the provisions of relevant laws and administrative regulations.

  Chapter II Jurisdiction

  Article 6 Registration administration organs shall be responsible for the registration administration of the people-run non-enterprise units examined and approved by the competent business units at corresponding levels.

  Article 7 Where the registration administration organ, the competent business unit and the location of the people-run non-enterprise unit under their jurisdiction are not in the same locality, the registration administration organ and the competent business unit of the locality wherein the people-run non-enterprise unit is located may be entrusted with the responsibility of the work of supervision and administration within the entrusted scope.

  Chapter III Registration

  Article 8 An application for the registration of a people-run non-enterprise unit shall meet the following requirements:

  (1) It has been subject to the examination and approval of the competent business unit;

  (2) It has a standardized name and necessary organization;

  (3) It has employees commensurate with its business operations;

  (4) It has lawful properties commensurate with its business operations; and

  (5) It has a necessary site.

  The name of a people-run non-enterprise unit shall conform to the provisions of the civil affairs department under the State Council and shall not use such words as "China", "National" or "Chinese" before it.

  Article 9 The sponsor(s) shall present the following documents to the registration administration organ for the application for registration of a people-run non-enterprise unit:

  (1) an application letter for registration;

  (2) the approval document of the competent business unit;

  (3) certification of the site use right;

  (4) the capital verification report;

  (5) basic information and identification of the person(s)-in-charge designate; and

  (6) the draft of the articles of a sociation.

  Article 10 The articles of association of a people-run non-enterprise unit should contain the following particulars:

  (1) name and site;

  (2) aims and business scope;

  (3) rules for organization and administration;

  (4) procedures for the election(appointment) and dismissal of the legal representative or person(s)-in-charge;

  (5) principles of asset management and disposal;

  (6) procedures for the revision of the articles of association;

  (7) procedures for termination and disposal of assets upon termination; and

  (8) other matters the provision of which is required by the articles of association.

  Article 11 The registration administration organ shall, within 60 days starting from the date of receipt of all the effective documents for the application for registration of the establishment, make a decision on the approval of registration or non-registration.

  Where there is any of the following circumstances, the registration administration organ shall not accord the registration, and explain the reasons to the applicant:

  (1) There are bases to prove that the aims and business scope of the people-run non-enterprise unit applying for registration do not accord with the provisions of Article 4 of these Regulations;

  (2) That it has practised fraud in applying for establishment;

  (3) There is no need for its establishment when there already exists a people-run non-enterprise unit with identical or similar business scope within the same administrative area;

  (4) Its person(s)-in-charge-designate is(are) under or has(have) been subjected to criminal penalty of deprivation of political rights, or have no complete civil capacity; and

  (5) It has other circumstances prohibited under laws and administrative regulations.

  Article 12 A people-run non-enterprise unit approved for registration shall be registered of the name, site, aims and business scope, legal representative or persons(s)-in-charge, the start-up capital, the competent business unit of the people-run non-enterprise unit by the registration administration organ, and in accordance with the different modes of bearing civil responsibility according to law, be respectively issued the certificate of registration for people-run non-enterprise unit(legal entity), the certificate of registration for people-run non-enterprise unit(partnership) or the certificate of registration for people-run non-enterprise unit(individual).

  For people-run non-enterprise units which have already obtained corresponding business licences upon examination and verification or registration of the relevant competent department according to law pursuant to the provisions of laws and other administrative regulations, the registration administration organ should simplify the formalities of registration and issue corresponding certificates of registration for people-run non-enterprise units on the strength of certification of business licences issued by the relevant competent departments.

  Article 13 A people-run non-enterprise unit shall not set up a branch(branches).

  Article 14 A people-run non-enterprise unit shall, on the strength of the registration certificate, apply for the engraving of its seal(stamp)and opening of a bank account. The people-run non-enterprise unit shall submit the sample of the seal(stamp) and number of its bank account to the registration administration organ for the record.

  Article 15 In the event of necessity of effecting a change in the particulars of registration of a people-run non-enterprise unit, an application for change in registration shall be filed with the registration administration organ within 30 days starting from the date of examination and consent of the competent business unit.

  Revision of the articles of association of a people-run non-enterprise unit shall, within 30 days starting from the date of examination and consent of the competent business department, be submitted to the registration administration organ for verification and approval.

  Article 16 For the dissolution on its own, separation or amalgamation of a people-run non-enterprise unit, or where nullification of the registration is called for due to other reasons, nullification of registration shall be completed with the registration administration organ.

  The people-run non-enterprise unit shall, prior to the processing of nullification of registration, set up a settlement organization and complete settlement under the guidance of the competent business unit and other relevant organs. The people-run non-enterprise unit shall not carry out activities other than settlement during settlement.

  Article 17 The legal representative or person(s)-in-charge of a people-run non-enterprise unit shall, within 15 days starting from the date of completion of the settlement, go through the nullification of registration at the registration administration organ. For the processing of nullification of registration, an application for the nullification of registration, examination document of the competent business unit and the settlement report shall be presented.

  Where approval is granted for the nullification of registration by the registration administration organ, the certification of nullification shall be issued and the certificate of registration, seal(stamp) and financial vouchers withdrawn by it.

  Article 18 The registration administration organ shall make an announcement with respect to the establishment, nullification as well as change in name, site, legal representative or person(s)-in-charge of a peoplerun non-enterprise unit.

  Chapter IV Supervision and Administration

  Article 19 A registration administration organ shall perform the following functions and responsibilities of supervision and administration:

  (1) It shall be responsible for the registration of the establishment, change and nullification of people-run non-enterprise units;

  (2) It shall conduct annual inspection of people-run non-enterprise units; and

  (3) It shall carry out supervision and inspection of questions of people-run non-enterprise units in violation of these Regulations and impose administrative penalty on people-run non-enterprise units for acts in violation of these Regulations.

  Article 20 A competent business unit shall perform the following functions and responsibilities of supervision and administration:

  (1) It shall be responsible for the examination prior to the registration of establishment, change and nullification of people-run non-enterprise units;

  (2) It shall conduct supervision and provide guidance for people-run non-enterprise units in abiding by the Constitution, laws, regulations and state policies and carrying out of activities pursuant to the articles of association;

  (3) It shall be responsible for the preliminary examination of annual inspection of people-run non-enterprise units;

  (4) It shall assist the registration administration organ and other departments concerned in the investigation and handling of illegal acts of people-run non-enterprise units; and

  (5) It shall, in conjunction with relevant organs, provide guidance to people-run non-enterprise units in settlement matters.

  The competent business unit shall not, in performing the functions and responsibilities prescribed in the preceding paragraph, collect fees from people-run non-enterprise units.

  Article 21 The sources of assets of people-run non-enterprise units must be legitimate. No unit or individual shall encroach on, share(divide) in private or divert the assets of a people-run non-enterprise unit to other purposes.

  Lawful income accrued from activities of people-run non-enterprise units carried out pursuant to the provisions of the articles of association and relevant state provisions must be used for business operations prescribed by the articles of association.

  Acceptance of donation(s) and subsidy(ies) by people-run non-enterprise units must accord with the aims and business scope prescribed in the articles of association and must be used in accordance with the time limit, mode and legitimate uses agreed on with the donator(s) and contributor(s). People-run non-enterprise units shall submit a report to the competent business units on the acceptance and use of donation(s) and subsidy(ies), and the relevant information shall be made public in society in an appropriate manner.

  Article 22 People-run non-enterprise units must implement the financial management rules prescribed by the state and accept the supervision of financial departments; where sources of assets are of state subsidy or social donation or contribution, they shall likewise be subject to the supervision of audit organs.

  In the event of change of the legal representative or the person(s)-in charge of a people-run non-enterprise unit, the registration administration organ and the competent business unit shall organize financial auditing of the unit.

  Article 23 People-run non-enterprise units should, prior to March 31 of each year, submit a work report of the preceding year to the competent business units which shall, upon preliminary examination and consent of the compete net business units, be submitted to the registration administration organs before May 31. Contents of the work report shall include: information on the compliance of laws, regulations and state policies of the people-run non-enterprise unit, information on the completion of formalities of registration pursuant to these Regulations, information on the conduct of activities in accordance with the articles of association and information on changes in personnel and organization as well as information on financial management.

  For people-run non-enterprise units that have been issued certificates of registration pursuant to the provisions of the Second Paragraph of Article 12 of these Regulations, the registration administration organs shall simplify the contents of its annual inspection.

  Chapter V Penalty Provisions

  Article 24 A people-run non-enterprise unit that practises fraud and obtains registration by deceitful means in application for registration, or the approval of which has been revoked by the competent business unit shall be revoked of its registration by the registration administration organ.

  Article 25 Any people-run non-enterprise unit that has any of the following circumstances shall be administered a warning , ordered to make a rectification and to stop activities within a specified time period by the registration administration organ; where there are serious circumstances, the registration shall be revoked; where a crime has been constituted, criminal liability shall be investigated according to law:

  (1)alteration, renting out and lending of the certificate of registration of a people-run non-enterprise unit, or renting out and lending of the seal(stamp) of a people-run non-enterprise unit;

  (2)conducting of activities beyond the aims and business scope laid down in its articles of association;

  (3)refusal to accept supervision and inspection or accept supervision and inspection not in accordance with the provisions;

  (4)completion of change in registration not in accordance with the provisions;

  (5)establishment of a branch or branches;

  (6)engagement in profit-making business operations;

  (7)encroachment on, sharing in private and diversion to other purposes of the assets or donation(s) and subsidy(ies) of a people-run non-enterprise unit; and

  (8)collection of charges, fund raising or acceptance and use of donation(s) and subsidy(ies) in contravention of relevant state provisions.

  Amount from illegal operations or illegal income from acts prescribed in the preceding paragraph shall be confiscated and a fine of more than 100% less than 300% of the amount from illegal operations or a fine of more than 300% less than 500% of the illegal income may concurrently be imposed.

  Article 26 A people-run non-enterprise unit whose activities are in violation of other laws and regulations shall be dealt with by the state organ concerned according to law; where the state organ concerned holds that the registration shall be revoked, the registration shall be revoked by the registration administration organ.

  Article 27 Whoever engages in activities in the name of a people-run non-enterprise unit on his/her own without registration, or a people-run non-enterprise unit whose registration has been revoked continues to carry out activities in the name of the people-run non-enterprise unit shall be banned by the registration administration organ and confiscated of the illegal properties; where a crime has been constituted, criminal liability shall be investigated according to law; where a crime has not been constituted, penalty for public security administration shall be imposed.

  Article 28 A people-run non-enterprise unit that has been ordered to stop operations within a specified time period, its certificate of registration, seal(stamp) and financial vouchers shall be sealed up for safekeeping by the registration administration organ.

  A people-run non-enterprise unit whose registration has been revoked, its certificate of registration and seal(stamp) shall be taken over by the registration administration organ.

  Article 29 Any staff member of a registration administration organ or a competent business unit whose abuse of power, malpractices for selfish gains and negligence of duty constitute a crime shall be investigated for criminal liability according to law; where a crime has not be constituted, administrative sanctions shall be imposed according to law.

  Chapter VI Supplementary Provisions

  Article 30 The format of the certificate of registration of people-run non-enterprise unit shall be drawn up by the civil affairs department under the State Council.

  No fee shall be collected for the annual inspection of people-run non-enterprise units.

  Article 31 Those people-run non-enterprise units established prior to the coming into force of these Regulations shall, within one year starting from the date of coming into force of these Regulations, apply for registration pursuant to the relevant provisions of these Regulations.

  Article 32 These Regulations shall enter into force as of the date of promulgation.

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