(Considered and adopted by the 146th Executive Meeting of the 6th Shenzhen Municipal People's Government on November 2, 2018)
Chapter One General Provisions
Article 1 In order to innovate the management and operation of Shenzhen Academy of Metrology & Quality Inspection (hereinafter referred to as the Municipal Inspection Academy), develop metrology, examination, inspection, certification and other high-tech service industries, enhance the market competitiveness and brand influence of the Municipal Inspection Academy, and optimize its public service quality and efficiency, the Rules of Shenzhen Academy of Metrology & Quality Inspection (hereinafter referred to as the Rules) are formulated in accordance with the Law of the People's Republic of China on Metrology, Law of the People's Republic of China on Product Quality and other relevant laws and administrative regulations.
Article 2 The Municipal Inspection Academy is a non-profit statutory body registered as a public institution in the form of a legal person.
The Market Supervision and Regulation Bureau of Shenzhen Municipality is the Organizer of the Municipal Inspection Academy.
Article 3 The Municipal Inspection Academy shall, in accordance with relevant laws, administrative regulations and the Rules, strengthen public benefit services, actively perform the social responsibility to provide high-quality metrology, examination, inspection, certification and other high-tech services for the government, enterprises and society, and continuously promote development of Shenzhen industries.
The Municipal Inspection Academy shall adhere to the concept of professionalization development, actively advance brand building, continue to carry out technological research and innovation and make efforts to build a world-class technical service organization with core competitiveness to meet the diversified and customized market demands.
Article 4 The Municipal Inspection Academy shall establish a legal person governance structure with the council as the core, and implement a governance mechanism of effective check and balance in decision-making, implementation and supervision.
Chapter Two Decision-making Body
Article 5 The Municipal Inspection Academy shall establish a council as the decision-making body, with an odd number of nine to thirteen members.
The members of the council are composed of representatives of the Organizer, staff representatives of the Municipal Inspection Academy and representatives from the society. The proportion of the representatives from the society shall be no less than one-third. Representatives of other government departments can also be invited as necessary.
The council shall have one chairman and one vice chairman. The chairman shall be appointed by the Organizer, and the vice-chairman shall be elected by the council from members of the council.
Article 6 Members of the council shall be appointed by the Organizer for a term of five years. A member of the council may be reappointed after the expiration of his or her term of office.
Article 7 The council shall exercise the following functions and powers:
(1) Formulate and revise the rules of procedure of the council, and examine and approve the charter or the draft amendment of the charter of the Municipal Inspection Academy;
(2) Examine and approve the strategic plans, major business development plans, annual work plans, annual work reports, financial budget and final statement reports of the Municipal Inspection Academy;
(3) Examine and approve the volume of employment of the Municipal Inspection Academy;
(4) Examine and approve the major investment and financing decisions made by the Municipal Inspection Academy;
(5) Examine and approve the financial management, asset management, personnel management, salary management and other important management systems of the Municipal Inspection Academy;
(6) Examine and approve other major matters such as the development and management of the Municipal Inspection Academy and the enterprises established by the Municipal Inspection Academy.
Article 8 The meeting of the council shall be held at least twice a year. All members of the council shall be notified ten days ahead of the meeting.
The chairman or more than three members of the council may propose to convene an interim meeting. The chairman shall convene and preside over the meeting of the council within ten days after the proposal or from the receipt of the proposal.
Article 9 The meeting of the council shall not be held until more than two-thirds of the members of the council are present. The decisions of the council shall be deemed as valid only when it has been passed by over half of the members in attendance. The voting of the decisions of the council shall follow one-person-one-vote principle.
The council shall keep meeting records of the decisions on the matters discussed, and the members in attendance shall sign on the meeting records.
In addition to the provisions of the preceding paragraphs, the discussion methods and voting procedures of the council shall be stipulated in the charter of the Municipal Inspection Academy.
Article 10 The chairman shall exercise the following functions and powers:
(1) Convene and preside over the meeting of the council;
(2) Issue decisions and minutes of the meeting of the council;
(3) Inspect the implementation of the decisions of the council;
(4) Organize the formulation of various systems for the operation of the council;
(5) Exercise other functions and powers granted by the charter or the council.
If the chairman is incapacitated due to health reasons or other objective reasons, the vice chairman shall perform the duties on his or her behalf.
Chapter Three Executive Body
Article 11 the Municipal Inspection Academy shall have a president as its legal representative.
The president shall be an ex offico member of the council and shall not serve as the chairman.
The Municipal Inspection Academy may appoint several vice presidents and other senior managers according to the number of positions and posts.
The president, vice presidents and other senior managers shall form the management as the executive body.
Article 12 The council shall consider and then put forward suggestions on the candidates of the president who shall be appointed by the Organizer in accordance with the personnel management regulations.
The president shall put forward suggestions on the candidates of the vice presidents and other senior managers who shall be considered and then appointed by the council according to the authority of personnel management.
Article 13 The term of appointment of the president, vice presidents and other senior managers shall be stipulated in the charter of the Municipal Inspection Academy, and may be renewed upon the expiration of the term of appointment subject to other provisions in laws, administrative regulations or other state provisions.
Article 14 The Municipal Inspection Academy carries out the president responsibility system. The president leads the management to exercise the following functions and powers:
(1) Implement the decisions of the council;
(2) Organize the drafting of the charter or the draft amendment of the charter of the Municipal Inspection Academy;
(3) Organize the formulation of the strategic plans, major business development plans, annual work plans, annual work reports, financial budget and final account reports of the Municipal Inspection Academy;
(4) Organize the drawing up of the volume of employment of the Municipal Inspection Academy;
(5) Organize the formulation of financial management, asset management, personnel management and salary management and other important management systems of the Municipal Inspection Academy;
(6) Establish and adjust the internal institutions of the Municipal Inspection Academy, and employ and dismiss the management personnel of the internal institutions in accordance with relevant regulations;
(7) Be responsible for the daily management of the Municipal Inspection Academy and organize and carry out business activities;
(8) Report relevant matters to the council for consideration or approval in accordance with the management authority;
(9) Be responsible for organizing the implementation of other matters that need to be completed by the executive body.
Chapter Four Technical Services and Business Development
Article 15 The Municipal Inspection Academy shall provide the following technical services for government supervision:
(1) Conduct compulsory verification of the working measuring instruments listed in the catalogue of compulsory verification, which are used for trade settlement, safety protection, medical and health care, and environmental monitoring, and research and formulate the social public measurement standard for the Shenzhen Municipality;
(2) Supervision and spot check, examination and inspection, emergency examination, risk monitoring, arbitration verification and quality appraisal of food and other articles;
(3) Food safety assurance services for major events;
(4) Other technical services that can be entrusted in accordance with the laws, regulations or state regulations.
The matters listed in the preceding paragraphs shall be implemented by means of fixed fees and purchase of services.
Article 16 The Municipal Inspection Academy shall actively improve the technical service, optimize the service quality of the public inspection platform, and complete the following technical services:
(1) Undertake the construction tasks of national, provincial and municipal inspection centers and key laboratories, and provide technology incubation and achievement transformation for emerging and future industries;
(2) Carry out cooperation and sharing among laboratories at home and abroad, provide research and development of high-tech inspection technologies for the industries, and formulate high-tech standards;
(3) Carry out technical consultation and training in metrological verification, quality inspection, publicity and implementation of standards, certification and other areas aspects;
(4) Other technical services.
Article 17 The Municipal Inspection Academy may provide the following technical services through market-oriented operation:
(1) Research and development of metrology and inspection instruments and equipment;
(2) Research on the rules of international and domestic market access and the formulation or revision of international and domestic standards;
(3) Metrology, inspection and certification of products, projects, services, environment and other aspects;
(4) Third party verification such as goods examination and factory inspection;
(5) Other relevant quality and technical services.
Chapter Five Financial and Asset Management
Article 18 When the Municipal Inspection Academy uses its state-owned assets to invest in the establishment of an enterprise, it shall comply with the relevant provisions on the management of state-owned assets and go through the formalities of examination and approval in accordance with the law. However, the assets related to the businesses of compulsory metrology inspection, food supervision spot check, food safety guarantee for major events, public inspection platform and other businesses shall not be used for investment.
The Municipal Inspection Academy shall manage the state-owned assets in accordance with the law, perform the responsibilities of the investor to the established enterprises, income from which shall be mainly used for the development of high-tech services such as metrology, examination, inspection and certification.
Article 19 The Municipal Inspection Academy shall, in accordance with the law, establish and improve the corporate financial management system in compatible with the management system, and draw up the financial budget and final statement under the principle of determining expenditure based on revenues.
Article 20 The annual financial audit report of the Municipal Inspection Academy shall be submitted by the Organizer to the municipal financial department.
Chapter Six Personnel and Salary
Article 21 The Municipal Inspection Academy shall, in accordance with the principles of scientific and reasonable, simple and efficient, open and equal, competitive and merit-based selection, formulate supporting systems of the personnel management system, such as post management, personnel recruitment, salary management, annuity management, performance appraisal, and receive the supervision of the staffing, finance, human resources, social security and other departments.
Article 22 The Municipal Inspection Academy may, with reference to the market salary level of the same industry and in combination with factors including the operation status of the institution, comprehensively determine the salary distribution plan, and establish a salary evaluation, adjustment and incentive mechanism for the employees.
The salary distribution plan of the employees of the Municipal Inspection Academy shall be approved by the council and then submitted to the human resources and social security department for filing.
Article 23 The Municipal Inspection Academy shall, in accordance with the relevant regulations, provide basic pension insurance, medical insurance, unemployment insurance, work-related injury insurance, maternity insurance and other social insurance for the employees, and implement the housing accumulation fund and annuity system.
Chapter Seven Supervision and Administration
Article 24 The Municipal Inspection Academy shall be subject to the supervision of the finance department, tax department and other departments as well as the Organizer, the council and the employees representatives conference.
Article 25 When deciding on major matters concerning the vital interests of the employees, the Municipal Inspection Academy shall submit the matters to the employees conference or the employees representatives conference for discussion or consideration.
Article 26 The Municipal Inspection Academy shall receive audit supervision of the audit authority.
The Organizer may employ a professional institution to conduct social audit on the Municipal Inspection Academy.
Article 27 The Municipal Inspection Academy shall establish an information disclosure system, actively disclose the following information through websites, media and other channels, and receive supervision from the society:
(1) policy basis, operation status, inspection ability, commitment of impartiality, organizational structure, development plan, personnel management system and recruitment information;
(2) positions of the members of the council and senior managers;
(3) annual report and human resources management information annual report;
(4) financial budgets and final statement reports;
(5) other matters which shall be disclosed in accordance with the law.
Chapter Eight Supplementary Provisions
Article 28 "Not less than", "more than" and "over half" referred to in the Rules include the number itself.
Article 29 The Rules are effective as of January 1, 2019.
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