Monday, August 22, 2016

Part 5/10 Translation of Major New Policy Document on Reform of Social Organisation Management System

5. Dealing Properly, in Accordance with the Law, with Registration and Review of Social Organizations

1.     Prudently moving forward with direct registration. We will focus attention on cultivating and prioritizing the development of social organizations falling under the categories of industry associations and chambers of commerce, public interest and charitable organizations, and rural and urban community service organizations. Industry associations and chambers of commerce established in the spirit of the “Overall Plan for Delinking Industry Associations and Chambers of Commerce from Government Agencies” may, in accordance with the law, apply to register directly with civil affairs departments. Science and technology social organizations that engage in research and exchanges in the natural sciences and engineering, as well as public benefit and charitable social organizations that provide services related to poverty alleviation, financial assistance for the poor, elderly care, care for orphans, support for the sick, assistance for people with disabilities, disaster relief, medical support, and support for education, may, in accordance with the law, apply to register directly with civil affairs departments. In order to meet the needs of residents in both urban and rural communities, community-based service organizations active in communities both in rural and urban areas may, in accordance with the law, apply to register directly with civil affairs departments. Civil affairs departments, on carrying out reviews for direct registration, should listen broadly to opinions and, as needed, solicit the opinions of relevant departments or organize for experts to undertake evaluations. The Legislative Affairs Office of the State Council must work quickly to amend administrative regulations such as the “Regulations on the Registration and Management of Social Groups.” The Ministry of Civil Affairs must work in conjunction with relevant departments to develop, as quickly as possible, standards and detailed measures for the categorized direct registration of social organizations.  

2.     Improving the preliminary review function of professional supervisory agencies (yewu zhuguan danwei). For other social organizations that do not come within the scope of direct registration we will continue the use of a dual responsibility management system by both registration and management agencies and professional supervisory agencies. Professional supervisory agencies must build sound procedures for their work, improve the standards used in their reviews, and make effective efforts to strengthen their checks on the names, missions, scopes of activity, and founders of, and intended persons responsible for social organizations, supporting those social organizations that fulfil the criteria to be established in accordance with the law.  

3.     Implementing strict registration reviews by civil affairs departments. Civil affairs departments must work in conjunction with the management departments for different fields and industries and with relevant Party building bodies, to strengthen their reviews of the qualifications of the founders of and intended persons responsible for social organizations. For social organizations that are cross-sector, belong to more than one field or industry, or have broad scopes of activities and are not easy to place, working on the principle of having a clear, explicit, focused main area of work, name checks and examination and approval of an organization’s scope of activities must be strengthened, and the opinions of interested parties and management departments listened to. Social organizations are to be strictly prohibited from establishing relationships among themselves whereby one social organization has top-down leadership or covert top-down leadership over another social organization; social organizations are to be strictly prohibited from establishing local branch organizations. For national social groups, proper examination and approval must be carried out on the need for the organization, the representativeness of the founder, and the breadth of membership, and in the instance that an organization already exists working in a similar area, full deliberation must take place. For social organizations that carry out activities which go beyond the scope of one province (or autonomous region or municipality directly under the central government) they should be subject to the same strict review and approval as national social organizations.
4.     Strengthening the responsibility of social organization founders. The Legislative Affairs Office of the State Council shall work in conjunction with the Ministry of Civil Affairs to move forward with incorporating the qualifications, number, behavior, responsibilities, and so on, of social organization founders into the relevant administrative regulations to place them under regulation. Founders should be held responsible for the legality, authenticity, accuracy, and validity, of registration materials and for ensuring materials are complete; and should be responsible for the activities of the social organization prior to registration; and the main founder should be the first to take responsibility. We will establish records of the negative behavior of founders. Founders must not, in the name of intending to establish a social organization, launch unrelated activities; the issuance of information on preparatory work for establishing social organizations and fundraising information to unspecified persons is prohibited. Party and government officials who have not received approval may not found social organizations. In the instance that a person granted approval to act as a founder does not carry out their duties, the agency that issued approval must strictly hold them to account.   

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