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-Enterp

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

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