清远市外商企业协会

Rules and Regulations


The regulation of Qingyuan Association of Enterprises with Foreign Investment
The first section   General rules 

 

The first item
The name of this association is Qingyuan Association of Enterprises with Foreign Investment
 

The second item
The association is the non-profit public organization which consists of the foreign enterprises, Hong Kong’s, Macao’s, Taiwan’s and overseas Chinese’s enterprises, the organizations which offer the foreign enterprises investment service.
 

The third item
The aims of the association
•Observe the Constitution of the People’s Republic of China.
•Carry out the laws and policies of opening to the outside world and encouraging foreign enterprises to invest.
•Service the members and investors and protect the members’ legal rights.
•Report the suggestions and demands from members and investors to the government departments concerned.
•Improve the investment environment constantly.
•Enhance the relation,acquaintance and cooperation between Chinese and foreigners, members and government organization.
•Communicate the information, exchange the experience.
•Promote the members play an important role in the modernization and international economic cooperation.
 

The fourth item
The association is supervised by Qingyuan Municipal Foreign and Economic Cooperation Bureau and Qingyuan Civil Affair Bureau.
 

The fifth item
The association is located in Qingyuan.
 

The second section
The scope of business

 

The sixth item
•Propagate and implement the national policy of reformation and opening.
Use the laws and policies of foreign investment to introduce the investment environment in Qingyuan and preferential policies.
•Offer the communication of information the explanation of policies and consultation for members.
•Create a perfect system including self-protection self-development self-restraint. Enhance the self-discipline. Hold the activities which commend the advanced. Organize the members to take part in the activities which are benefit for the society.
•Protect the members’ and investors’ legal rights, accept the members’ complaint and commission. Report the members’ and investors’ suggestions and demands to the government departments concerned.
•According to the government departments’ authorization, offer the members a series of services including opening,change,business approval and customs recording. The association is the agency which accepts the members’ demands and commission, and then handles the business. It is raising the efficiency and saving the time for the members.
•Hold many training courses,workshops,discussions and activities for improving the qualities and business abilities of the managers.
•Organize the members to take part in the activities and exhibition which develop the market. Help the enterprises to develop the foreign and domestic market.
•Organize many activities which enhance the relationship between the members and the government departments concerned, promote the cooperation between the members and the members.
•Have a contact with overseas institutions concerned, promote the international communication and cooperation.
•Edit and publish the publicity material which attract the foreign investments. Communicate the abroad and home information for members.
•Deal with the matters which are the commissions of the government departments and members.
 

The third section
The members

 

The seventh item
The association uses the membership system including the enterprise ,individual and organization.
The enterprise membership is the foreign enterprises which establish and register according to law and do the normal production and operation including Hong Kong’s,Macao’s,Taiwan’s,overseas Chinese’s and foreign enterprises.
The individual membership is the people who agree with the regulation of the association, support and service the association.
The organization membership is the Qingyuan branch from the foreign enterprise, Hong Kong’s,Macao’s,Taiwan’s chamber of commerce, the institution which offer the investment service and other regional associations.
 

The eighth item
The qualification and the duties of the official member
•Admit and observe the regulation, carry out the resolution and rule.
•Pay the membership fee according to the regulation.
•Support and take part in the works and all kinds of activities, assume the commissioned work.
•Protect the association’s legal rights and reputation.
•Observe the Constitution of the People’s Republic of China ,laws and policies, the members should have the good business reputation.
 

The ninth item
The process of how to join the association
•Fill in and submit the formal application.
•Submit the copies which are registered in the national departments.
•According to the council's authorization, the permanent body use the regulation of the association to check the applications.
•After passing the examination, the passer will get the membership card.
 

The tenth item
The members’ rights
•The members have the rights to vote and be elected
•Enjoy the service of the association.
•Take part in the activities of the association.
•Ask the association to protect the members’ legal rights and help.
•Supervise the working of the association, suggest the association.
•Have the freedom to drop out.
 

The eleventh item
The members use the writing to announce that drop out the association, and return the membership cards to the association.
If the members have the one of the following situations, the association can stop the membership, take back the membership card and announce in the conference.
•Lose the qualification of the corporation.
•Do not pay the membership fee over one year.
 

The twelfth item
If the members have the serious behaviors of breaking the regulation, the council can stop the membership, take back the membership card and announce in the conference.
 

The fourth section
The generation and removal of the institution and the responsible

 

The thirteenth item
The supreme power institution is the membership congress.
The power of the membership congress
•Make and revise the regulation of the association.
•Elect and recall the council, make up the council.
•Examine and approve the working report and the financial report.
•Discuss the important matters of the association.
•Decide to stop the matters.
 

The fourteenth item
The attendance must be at least 2/3, the membership congress can be held. Half of members adopt the resolution, the resolution can be effective.
 

The fifteenth item
The membership congress is held once five years.
The generation of the member representative is based on the members’ deliberation.
The number of the member representative and the way of generating the member representative is decided by the council.
 

The sixteenth item
The members establish the council. The council deals with the routine when the membership congress is not in session. The council is responsible for the congress.
 

The seventeenth item
The authority of the council
•Carry out the resolution of the membership congress.
•Elect and recall the president,vice president,secretary general and executive director.
•Prepare the membership congress.
•Report the working and the financial situation to the membership congress.
•Decide to the enrolment or dismissal of the members.
•Decide to establish the administrative body,the branch and the representative institution.
•Lead the institutions to work.
•Make the important management system.
•Decide to the other important matters.
 

The eighteenth item
The council is elected for a term of five years.
The way of generating the council is the democratic election by the membership congress.
The number of the director and the way of generating the director is decided by the membership congress.
The way of generating the candidate of the director and the executive director is the deliberation by the membership.
 

The nineteenth item
The attendance must be at least 2/3, the council can be held.
2/3 of the directors adopt the resolution, the resolution can be effective.
 

The twentieth item
The council is held once one year. The vest president who is appointed by the president convenes and hosts the council.
If the council has the important matters, on the one hand, the president can make a decision. On the other hand, over 1/3 of directors can make a proposal and hold the special council. The council can use the communication under the special situation.
 

The twenty-first item
The association establishes the executive council. The generation of the executive council is elected by the council. The number of the executive director and the way of generating the executive director is decided by the council which is responsible for the preparation and convening of the membership congress.
 

The twenty-second item
The executive council is responsible for the council.
The executive council uses the authority of the seventeenth item including the first, third, fifth, sixth, seventh, eighth and ninth.
 

The twenty-third item
The attendance is over 2/3, the executive council can be held.
Over 2/3 of the executive directors adopt the resolution, the resolution can be effective.
 

The twenty-fourth item
The executive directors convene the conference at least once half of year.
The vest president who is appointed by the president convenes and hosts the conference.
If the conference has the important matters, over 1/3 of executive directors can make a proposal and hold the special executive council. The council can use the communication under the special situation.
 

The twenty-fifth item
The association establishes a president; several vest presidents, a secretary general. According to the working demand the association may establish the vest executive director. The tenure of president, vest president and secretary general is five years. The tenure of president, vest president and secretary general can not over two terms.
 

The twenty-sixth item
The qualification of the president, vest president and secretary general
•Observe the Constitution of the People’s Republic of China ,laws and policies. Offer the service for the members and investors.
•Have a great influence in the field of business.
•The age of president ,vest president and secretary general can not over 70 years old.
•The president ,vest president and secretary general are healthy, and they can insist on doing the normal work.
•Have the civil capability
 

The twenty-seventh item
The president, vest president and secretary general are recommended by the membership enterprises, organization members or the competent departments, and then the generations of them are elected by the council.
 

The twenty-eighth item
The president is the legal representative. When the vest president or secretary general becomes the legal representative under the special situation, they should pass the examination of the business competent department and get the approval of the competent department. The legal representative can not be the other organizations’ legal representatives at the same time.
 

The twenty-ninth item
The authority of the president
•Convene and host the council or the executive council.
•Check the implementation of the membership congress’s, the council’s, the executive council’s resolutions.
•Stand for the association to sign the important documents.
•Lead the administrative body to work, and implement the annual working plan.
•Nominate the vest president, decide the engagements of the administrative bodies’ directors.
•Deal with the other routine of the association.
The vest president and secretary general assist the president to work.
 

The thirtieth item
The vest president who is appointed by the president can use the above-mentioned authority because of the special situation. The deputy is responsible for the president. Adjust the president, the vest president, the secretary general and the executive director due to the change of working, the adjustment need the nomination of the president in the conference, request the council’s confirmation after passing the executive council.
 

The thirty-first item
The secretariat is the executive administrative body of the association.
Establish several working departments according to the working demand.
The secretary general is the host of the secretariat, the vest secretary general is the assistant. Under the vest president’s leadership the secretariat is responsible for dealing with the routine.
 

The thirty-second item
The association employs the honorary president and consultant according to the demand. The honorary president and consultant are recommended by the executive council, and passed by the council.
 

The fifth section
 

The thirty-third item
The source of the funds
•The membership fees
•The financial aid from the government
•The income from the paid services in the approval scope of business.
•The contribution and sponsorship from the friendly people and organizations at home and abroad.
•The association raises the special fund after getting the government departments’ approval.
•The interest and the other legal income.
 

The thirty-fourth item
The use of the funds
•The conference activities.
•Organize the members to take part in the activities.
•The running cost of the association.
 

The thirty-fifth item
The association collects the membership fees according to the national regulation.
 

The thirty-sixth item
The funds of the association are used to the development of the scope of business and cause. Do not distribute the funds among the members.
 

The thirty-seventh item
The association establishes the serious financial management system, makes sure the legality, facticity, accuracy and integrity of the accounting information.
 

The thirty-eighth item
The association provides the professional accountants. The accountants can not be the cashier at the same time. The accountants must focus on the accounting and carry out the accounting supervision. If the accountants transfer them to another post or leave their post, they need to pass the audit and handle the formality of the succession with the successors.
 

The thirty-ninth item
The assets management must carry out the state financial management system, accept the membership congress’s, the council’s and the financial department’s supervision.
 

The fortieth item
Before the association changes the corporation, the association must do the financial audit according to the association competent department’s and the business competent department’s regulations.
 

The forty-first item
The organization and individual can not misappropriate the assets.
 

The forty-second item
The salary, insurance and welfare of the full-time personnel are implemented according to the state regulations.
 

The sixth section
The update routine of the regulation

 

The forty-third item
If the regulation need to be revised, the executive council or the council draft the revised scheme, then submit it to the membership congress, finally the membership congress examines it.
 

The forty-fourth item
After passing the membership congress, the revised regulations need to get the business competent department’s and the association competent department’s approval in 15 days.


The seventh section
The terminative procedure of the association
The disposal of the property after the termination of the association

 

The forty-fifth item
If the association is cancelled due to the dismissal, division or mergence, the executive council or the membership congress should move the motion of the termination.
 

The forty-sixth item
The motion of the termination needs to pass the membership congress, and gets the business competent department’s approval.
 

The forty-seventh item
Before the termination of the association, under the business competent department’s leadership the association needs to establish the liquidation organization which liquidates the claims and debts. During the liquidation, the association does not develop other activities.
 

The forty-eighth item
The association deals with the cancellation in the registry office, after that the association is closed.
 

The forty-ninth item
Under the business competent department’s and the registry office’s supervision, the rest property is used to develop the cause which is related to the aim of the association according to the state regulation.
 

The eighth section
The supplementary articles

 

The fiftieth item
The regulation of the association passed the membership congress in August 31, 2005.
 

The fifty-first item
The power of interpretation is belong to the council.
 

The fifty-second item
The regulation has been effective since got the association competent department’s approval.
 



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