Regulation on the Administration of the Registration of Social Organizations (2016Revision)

Regulation on the Administration of the Registration of Social Organizations (2016Revision) Regulation on the Administration of the Registration of Social Organizations (Adopted at the 8th ordinary session of the State Council on September 25, 1998; issued by the Order No.250 of the State Council of the People's Republic of China on October 25, 1998; and revised in accordance with the Decision of the State Council on Amending Certain Administrative Regulations on February 6, 2016) Chapter I General Principles Article 1 These regulations are issued in order to guarantee citizens' freedom of association, to protect society's legal rights and interests, to promote the registration and management of social organizations, and promote socialist material and spiritual civilization. Article 2 In these regulations 'social organization' means voluntary groups formed by Chinese citizens in order to realize a shared objective, according to their rules and to develop non profit making activities. All groups other than state organs may join social organizations as institutional members. Article 3 To become established, social organizations must be approved by the authorized department and follow the registration procedure set out in these regulations. Social organizations must have the status of a legal entity. These regulations do not apply to the following organizations: (1) Peoples organizations which participate in the Chinese Peoples Political Consultative Conference. (2)Organs under the administration of the authorized State Council departments (3) State organs and groups, enterprises and institutional units, and their internal bodies or groups. Article 4 Social organizations must observe the constitution , state laws, regulations and state policy; must not oppose the basic principles of the constitution , harm the unity, security or ethnic harmony of the state, or interests of the state and society, or the lawful interests of other organizations or citizens, or offend social morality. Social organizations may not undertake profit seeking activities. Article 5 The state will protect social organizations and their activities conducted in accordance with the law, regulations and rules; other organizations or persons must not unlawfully interfere with them. Article 6 The Ministry of Civil Affairs and local Civil Affairs departments at county level and above are the basic peoples government agencies for registration and management of social organizations. (Below, these are referred to as 'registration and management agencies'. State Council relevant departments and local government relevant departments at county level and above, or organs empowered by the State Council or local government at county level and above, serve as the relevant leading units of social organizations in related trade, scientific or other professional areas (These are below referred to as 'professional leading units'). Laws, administrative laws and regulations regarding the supervision and management of social organizations, will take effect in conjunction with other laws, administrative laws and regulations. Chapter II Administration Article 7 National level social organizations must register with and be managed by State Council registration and management agencies; local social organizations must register with and be managed by the local People's Government registration and management agencies; inter-area social organizations must register with and be managed by common higher level peoples registration and management agencies. Article 8 If the registration and management agency and the professional leading unit are not in the same place as a social organization, then supervision and management can be deputed to local registration and management agencies and professional leading units. Chapter III Registration Article 9 Candidate social organizations must be investigated and approved by a professional leading unit, and the promoters shall apply to the registration authority for registration. No activity other than preparation may be conducted during the preparation period. Article 10 To establish a social organization the following conditions must be satisfied: (1) An organization must have more than 50 individual members or more than 30 institutional members or, if it has both individual and institutional members, a total of at least fifty. (2) It must have a standard name, and organizational capacity. (3) It must have a fixed location. (4) It must have staff with qualifications appropriate to the professional activities of the organization. (5) It must have lawful assets and a source of funds. National level organizations must have a minimum of 100,000 yuan to cover their activities; local social organizations and inter-area social organizations must have a minimum of 30,000 yuan. (6) It must be legally liable in its own right. A social organization's name must comply with the law and statutory regulations and must not offend public morality. A social organization's name must reflect its activities, character and area of operations. Where national organizations use 'Chinese', 'All-China' etc, in their titles, they must be approved in accordance with the relevant state regulations. Local social organizations cannot use 'National', 'Chinese', 'All China' etc in their names. Article 11 to apply for the registration of a social organization must supply the registration and management agency with the following documents: (1) A written application for registration. (2) A document of approval from the professional leading unit. (3) A record of assets and proof of right of use of premises. (4) Verification of identity and basic situation of intended people in charge and persons applying. (5) A draft of the constitution. Article 12 Within 60 days of receipt of all valid documents as listed in Article 11 of this Regulation, the registration authority shall decide whether or not to approve the registration. If the registration is approved, a Registration Certificate for a Social Organization as a Legal Pers......