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

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certification of nullification shall be issued and the certificate of registration, seal(stamp) and financial vouchers withdrawn by it.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 o

ther 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 l

ending 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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