(Translation for Reference Only)
(Adopted at the 26th Meeting of the Standing Committee of the Fifth People's Congress of Shenzhen Municipality on December 25, 2013; amended for the first time in accordance with the Decision on Revising 29 Regulations Including the Regulations of the Shenzhen Special Economic Zone on Talent Work adopted at the 35th Meeting of the Standing Committee of the Sixth People's Congress of Shenzhen Municipality on August 29, 2019; and amended for the second time in accordance with the Decision on Revising 12 Regulations Including the Regulations of the Shenzhen Special Economic Zone on Certified Public Accountants adopted at the 28th Meeting of the Standing Committee of the Seventh People's Congress of Shenzhen Municipality on April 30, 2024)
Chapter I General Provisions
Article 1 The Regulations of the Shenzhen Special Economic Zone on Industry Associations (hereinafter referred to as “these Regulations”) are formulated in accordance with the basic principles of laws and administrative regulations and in light of the actual conditions of the Shenzhen Special Economic Zone (hereinafter referred to as “the Zone”), to foster and develop industry associations, standardize the organization and behaviors of industry associations, and give full play to the role of industry associations in economic and social development.
Article 2 These Regulations shall apply to the establishment, change, termination, and activities of industry associations, as well as the cultivation, administration and supervision, of industry associations within the Zone.
Article 3 For the purpose of these Regulations, industry associations refer to the non-profit corporate social organizations established in accordance with the law, comprising voluntary membership of enterprises, other economic organizations and individual businesses from the same industry or across industries, and practicing self-discipline in accordance with their respective articles of association.
Article 4 Industry associations shall provide services to their members, report members’ demands, regulate members’ behaviors, safeguard the legitimate rights and interests of members and the industry as well as public interests, facilitate communication, and coordinate the relationships between members and the government as well as between members and society, and promote fair competition and orderly development among industries and enterprises.
Article 5 The development of industry associations shall follow the principles of separating government functions from association administration, and giving equal importance to cultivation and development and standardized administration.
Article 6 Industry associations shall practice self-governance and democratic management, and shall independently carry out activities and manage internal affairs in accordance with laws, regulations and their respective articles of association.
Industry associations are encouraged to formulate industry rules, self-discipline agreements and professional ethics codes to promote the construction of industry integrity, and to organize the implementation.
Article 7The institution, personnel and finance of an industry association shall be operated separately from state authorities, public institutions and its members. No industry association may share office with any state authority, public institution or its member.
Article 8The municipal and district people’s governments and relevant entities shall support and promote the development of industry associations, and shall support and encourage industry associations to independently carry out activities and participate in social management and public services in accordance with the law.
Article 9 The social organization registration and administration authorities designated by the municipal or district people’s government (hereinafter referred to as the “registration and administration authorities”) areresponsible for the registration and administration of industry associations.
The relevant municipal and district authorities shallguide, supervise and administer the business of industry associations, within their respective duties, in accordance with the law.
Chapter II Establishment, Change and Cancellation
Article 10An industry association may be established in accordance with the industrial classification for national economic activities and its subcategory standards, or in accordance with business areas, industrial chain links, product types, business methods, business links and service types.
Article 11The establishment of an industry association shall satisfy the following conditions:
(1) Having more than 50 prospective members;
(2) Having qualified articles of association;
(3) Having a standardized name;
(4) Having a fixed address;
(5) Having organizations and full-time employees suitable for business activities;
(6) Having at least RMB 100,000 as registered capital; and
(7) In its administrative area, the established industry associations for the same sector and of the samelevel is fewer than three.
The industry association for emerging industries or special industries designated by the municipal people’s government may be exempt from compliance with Item 1 of the preceding paragraph, but shall have at least 20 prospective members.
The number of individual businesses and economic organizations without legal personality shall not exceed 10% of the total prospective members, except for associations of individual businesses and industry associations dominated by them.
Article 12 The establishment of an industry association shall require at least eight initiators. The initiator shall meet the following conditions:
(1) It is an enterprise, other economic organization or individual business registered in the Zone;
(2) It has operated continuously for more than two years; and
(3) It has no adverse credit record.
Article 13 Initiators areresponsible for matters such as applying for the approval and registration of the name of the industry association.
The debts and expenses arising from the establishment shall be borne by the industry association.If the registration and administration authority does not approve the establishment registration, the debts and expenses shall be jointly borne by the initiators.
Article 14 To apply for name approval, initiators shall submit the following materials to the registration and administration authority:
(1) The application letter; and
(2) Materials proving that the conditions prescribed in Article 12 of these Regulations are satisfied.
Article 15 The name of an industry association shall include the name of the administrative area and the characteristics of the association, and may be suffixed with words such as association, chamber of commerce, promotion association, guild, and federation.
Article 16 The registration and administration authority shall, within five working days from the date of accepting the application for name approval, publicize the name applied for ten working days.
Where there is any objection during the public notice period, the registration and administration authority shall conduct verification and inform the objector.
Article 17 The registration and administration authority shall make a decision to approve or disapprove the proposed name within three working days from the day following the expiration of the public notice period.
If the proposed name conforms to these Regulations, a decision on name approval shall be made and a notice of name approval shall be issued.
Under any of the following circumstances, the registration and administration authority shall make a decision on name disapproval, and inform the applicant of the reasons in writing:
(1) The proposed name is the same as that of an established industry association in the same area;
(2) The proposed name is inconsistent with the business scope, member distribution or activity area of the industry association, or fails to accurately reflect the characteristics of the industry;
(3) The proposed name is the same as that of an industry association which has been canceled or included in the permanent directory of abnormal activities for less than three years; or
(4) The initiators fail to meet the conditions prescribed in these Regulations.
Initiators shall apply to the registration and administration authority for registration within one year from the date of obtaining the notice of name approval. If no application is made within such time limit, the notice of name approval shall automatically become invalid.
Article 18 After obtaining the notice of name approval, initiators may publish an announcement, accept applications for membership, and convene the first general meeting of members.
The first general meeting of members may be held only when more than two-thirds of all prospective members are present.
Article 19 The first general meeting of members shall exercise the following functions and powers:
(1) To deliberate the report of initiators on the application for the establishment of the industry association;
(2) To deliberate and adopt the articles of association and election methods;
(3) To establish the organization of the industry association and elect its members; and
(4) To review the establishment expenses of the industry association.
The articles of association shall be adopted by a vote of more than two-thirds of the prospective members present at the general meeting. Other matters shall be approved by a majority vote of the prospective members present at the general meeting.
Article 20 After the first general meeting of members, initiators may apply to the registration and administration authority for establishment registration with the following materials:
(1) The application letter;
(2) The registration forms of prospective members satisfying the numerical and qualification requirements;
(3) The articles of association and relevant resolutions adopted at the first general meeting of members;
(4) The certificate of registered capital;
(5) The proof of the right to use the registered address;
(6) The list and registration forms of the organization members; and
(7) Other related materials.
Article 21 The registration and administration authority shall make a decision on whether to approve or disapprove registration within 20 working days from the date of accepting the application for establishment registration. If the requirements are met, the registration and administration authority shall approve the registration and issue the registration certificate of social organization legal person (hereinafter referred to as the “registration certificate”).If the requirements are not met, the registration and administration authorityshall make a disapprovaldecision and inform applicant of the reasons in writing.
Article 22 If any items of the registration certificate change, the industry association shall apply to the registration and administration authority for change registration within 30 days from the day of change. If the articles of association are revised, the industry association shall report to the registration and administration authority for approval within 30 days from the date of revision.
Article 23 An industry association shall apply to the registration and administration authority for cancellation of its registration in accordance with the law under any of the following circumstances:
(1) An event causing dissolution which is specified in the articles of association occurs;
(2) The general meeting of members (or member representatives) resolves to dissolve the association;
(3) The registration certificate is revoked in accordance with the law; or
(4) Other event causing dissolution occurs,which is stipulated by laws or regulations.
Before applying for cancellation of registration, the industry association shall establish a team to carry out liquidation in accordance with the articles of association. The liquidation team shall, within 15 days from the date of completion of liquidation, go through the formalities for cancellation of registration with the registration and administration authority.
Chapter III Membership and Internal Governance
Article 24 The articles of association of an industry association shall include the following main items:
(1) Name, legal representative, purpose, business scope and activity area;
(2) Membership qualifications, rights and obligations, disciplinary and appeal policies, membership admission and withdrawal procedures;
(3) Methods for payment and refund of membership fees;
(4) Organization and its formation method, functions and duties, and rules of procedure;
(5) Appointment, functions and duties, term of office and removal methods of the chairman, vice chairman, directors, supervisors and secretary general;
(6) Management and use methods of assets such as financial budget and final accounts;
(7) Information disclosure policy;
(8) Procedures for revising the articles of association; and
(9) Termination procedures and liquidation methods of the industry association.
Article 25 Enterprises, other economic organizations and individual businesses may become members of an industry association if they recognize the association’s articles of association, apply for membership voluntarily and obtain approval from the board of directors.
Article 26 Members enjoy the following rights:
(1) The right to attend the general meeting of members (or member representatives), participate in the activities of the industry association, and accept services provided by the industry association;
(2) The right to elect, to be elected and to vote;
(3) The right to put forward proposals, make suggestions and supervise;
(4) The right to withdraw freely; and
(5) Other rights stipulated in the articles of association.
Article 27 Members shall perform the following obligations:
(1) To abide by the articles of association;
(2) To implement the resolutions of the industry association; and
(3) To pay membership fees on time.
Article 28 The general meeting of members of an industry association shall be composed of all members. If the number of members is more than 100, representatives may be elected to form the general meeting of member representatives. The term of office and the number of representatives shall be prescribed by the articles of association.
The general meeting of members (or member representatives)shall be the highest authority of the industry association and exercise the following functions and powers:
(1) To modify the articles of association;
(2) To elect or remove the chairman, vice chairman, directors and supervisors;
(3) To deliberate annual work reports of the board of directors and the board of supervisors;
(4) To deliberate and decide on the annual financial budget and final accounts plans of the board of directors;
(5) To make resolutions on matters such as the dissolution and liquidation of the industry association;
(6) To alter or annul inappropriate decisions of the board of directors; and
(7) Other functions and powers stipulated in the articles of association.
Any revision to the articles of association shall be adopted by a vote of more than two-thirds of the members (or member representatives) present at the general meeting. Other matters shall be approved by a majority vote of the members (or members' representatives) present at the general meeting.
The general meeting of members (or member representatives) shall be held at least once a year.
Article 29 The board of directors shall be the executive body of the general meeting of members (or member representatives) and shall be composed of the chairman, vice chairman and directors. The board of directors shall exercise the following functions and powers in accordance with the articles of association and the resolutions of the general meeting of members (or member representatives):
(1) To convene the general meeting of members (or member representatives);
(2) To implement the resolutions of the general meeting of members (or member representatives) and report work to the general meeting of members (or member representatives);
(3) To formulate the annual financial budget and final accounts of the industry association;
(4) To formulate plans for the dissolution and liquidation of the industry association;
(5) To decide on the admission of new applicants and punishments on members;
(6) To formulate the internal management policies of the industry association; and
(7) Other matters specified in the articles of association.
The board of directors may establish a standing board of directors in accordance with the articles of association.
Article 30 The meeting of the board of directors shall be held at least once every six months, and require the presence of more than two-thirds of the directors.
The resolutions of the board of directors meeting shall be approved by a majority vote of the directors present at the meeting.
Article 31 The board of supervisors shall be the supervisory body of the industry association, report to the general meeting of members (or member representatives), and exercise the following functions and powers:
(1) To check the finance of the industry association;
(2) To supervise the implementation of resolutions of the general meeting of members (or member representatives);
(3) To supervise the performance of duties by the chairman, vice chairman and secretary general, correct any behavior that damages the industry association, and put forward a dismissal proposal if the circumstance is serious;
(4) To propose to convene a temporary general meeting of members (or member representatives);
(5) To convene the general meeting of members (or member representatives) when the board of directors fails to perform the duty of convening a general meeting of members (or member representatives) stipulated in these Regulations; and
(6) Other functions and powers specified in the articles of association.
The meetings of the board of supervisors shall be held at least once every six months.
The chairman, vice chairman, secretary general, deputy secretary general and directors shall not concurrently serve as supervisors. Supervisors shall attend the board of directors meeting or the standing board of directors meeting as non-voting delegates.
Article 32 An industry association shall have one chairman and several vice chairmen.
The term of office of the chairman and vice chairman shall be prescribed by the articles of association. Each term of office shall not exceed four years. The chairman shall not serve more than two consecutive terms of office.
The position of chairman maybe rotated, the specific rules of which shall be stipulated in the articles of association.
The legal representative of the industry association shall be the chairman or vice chairman in accordance with the articles of association.
Article 33 The chairman, vice chairman, directors and supervisors of an industry association shall be elected by competitive vote at the general meeting of members (or member representatives) and shall meet the following conditions:
(1) Having engaged in the business of the industry for more than two years;
(2) Being familiar with the industry situation and possessesrelevantprofessional knowledge;
(3) Having no bad personal credit record; and
(4) Other conditions stipulated by laws, regulations and the articles of association.
State organ functionariesand persons who are prohibited by relevant regulations from holding leadership positions in social groups in accordance with relevant provisions shall not hold any position in the industry association.
Article 34 An industry association shall establish the secretariat to conduct its daily work. The secretary general shall lead the secretariat, report to the board of directors, and serve full-time.
The chairman shall not concurrently serve as the secretary general.
Article 35 If neither the board of directors nor the board of supervisors performs the duty of convening a general meeting of members (or member representatives), one fifth or more of the members may jointly elect a convener to convene and preside over the meeting.
Article 36 Industry associations shall establish disciplinary and appeal policies for members and exercise self-discipline management over members in accordance with laws, regulations and the articles of association.
The articles of association may stipulate the following disciplinary measures:
(1) Warning;
(2) Circular criticism;
(3) Public condemnation;
(4) Persuasion to withdraw;
(5) Removal from membership; and
(6) Other disciplinary measures.
Article 37 Industry associations shall submit disciplinary decisions and appeal handling results to the registration and administration authority for filing.
Article 38 Where an industry association’s industry or related industry falls under any of the following circumstances, the industry association shall issue a warning notice to all members:
(1) There is a major product quality accident, service quality accident, food safety accident or major corruption case;
(2) The media disclose an issue related to product quality, service quality or food safety;
(3) The relevant municipal or district authority notifies the industry association of any product quality, service quality or food safety incident; or
(4) There is another event that seriously affects the reputation of the industry.
Article 39 Industry associations shall strictly implement the relevant national accounting policies for non-profit organizations, accept supervision by the finance authority, establish and improve financial management and supervision policies, and set up independent financial and bank accounts. Accounting vouchers, accounting books, accounting statements and other accounting data of industry associations shall be kept in accordance with national provisions.
The municipal finance and taxation authorities shall strengthen the bill management of industry associations and instruct industry associations to use financial bills or tax bills in accordance with the law.
Article 40Every industry association shall establish an information disclosure policy and disclose the following matters to its members:
(1) Membership fee collection;
(2) Service charges and other incomes;
(3) Use of funds;
(4) Resolutions and decisions of the board of supervisors and the board of directors;
(5) Related transactions as stipulated in Article 42 of these Regulations; and
(6) Other matters that shall be made public as required by the articles of association.
The use of funds shall be announced at least once a year.
Article 41 Industry associations shall use their funds and property in accordance with the purposes and business scope stipulated in their articles of association, and shall not distribute the funds or any property among members or use them for other purposes.
No organization or individual may privately divide, encroach upon or misappropriate the property or other income of the industry association, or make use of the industry association for personal gain.
Article 42 If the chairman, vice chairman, directors, supervisors, secretary general or other employees have related transactions with the industry association, they shall conduct transactions in the interests of the industry association and in compliance with the law.
Chapter IV Functions of Industry Associations
Article 43 An industry association may provide the following services to its members as needed:
(1) To help members improve their operation management;
(2) To assist members in formulating and implementing enterprise standards;
(3) To carry out member training and provide consulting services;
(4) To promote technological progress and technological innovation in the industry;
(5) To organize exchange activities among members;
(6) To carry out market evaluation, collect and publish industry information, and promote industry products or services;
(7) To organize industry exhibitions, attract investment, and carry out economic and technological cooperation and exchanges at home and abroad; and
(8) Other services specified in the articles of association.
Article 44 An industry association may provide coordination and communication mechanismon the following matters and convey relevant demands to the authority:
(1) To coordinate disputes arising in production and operation activities between members, between members and non-members, and between members and consumers;
(2) To coordinate the relationship between the association and other industry associations or organizations;
(3) To facilitate communication between members of the association and the relevant municipal or district authorities, and assist the relevant municipal and district authorities in carrying out their duties;
(4) To supervise the pricing of products or services in the industry, coordinate price disputes between members, and maintain fair competition, under the guidance of the price authority;
(5) To carry out industry statistics and investigations, participate in the demonstration of administrative decisions involving industry development, convey matters involving industry interests to municipal or district people’s governments and relevant authorities, and put forward opinions and suggestions on relevant legislation and formulation of relevant technical specifications, and industry development plans;
(6) To put forward opinions and suggestions involving the interests of the industry on behalf of members in the industry;
(7) To file anti-dumping, anti-subsidy or anti-monopoly investigations or apply for safeguard measures on behalf of members in the industry in accordance with the law, assist municipal or district people’s governments and relevant authorities to carry out anti-dumping, anti-subsidy or anti-monopoly investigations, and participate in anti-dumping response activities; and
(8) To participate in collective negotiation in accordance with the law and sign industrial and regional collective contracts.
Article 45 Industry associations are encouraged to assist municipal or district people’s governments in participating in public administration, participate in coordinating labor disputes between members and their employees, resolve social conflicts, maintain social stability and promote social harmony.
Article 46 An industry association may participate in the drafting of industry development plans, industry policies, and industry standards, and may carry out the following activities as commissioned by administrative authorities:
(1) To carry out the examination of enterprise credit certificates, geographical indication certification trademarks and industry access qualifications;
(2) To carry out skill training, qualification assessment and technical title evaluation of employees in the industry;
(3) To evaluate and demonstrate industrial production and operation licenses, import and export licenses, and major industrial technological transformation and technology import projects;
(4) To put forward opinions on the annual review of business licenses of enterprises in the industry; and
(5) Other matters entrusted by administrative authorities.
Article 47 An industry association may establish an organization to provide consulting, agency, evaluation, training, information, testing, certification, exhibition, or standardization services in accordance with the articles of association and the needs of business development. The income obtained shall be used in accordance with the association’s articles of association for business activities consistent with its purposes and shall not be distributed among members.
Article 48No industry association may commit any of the following activities:
(1) To seek to monopolize the market by formulating industry rules, agreements or other means, hinder fair competition, or harm the legitimate rights and interests of consumers or non-members or public interests;
(2) To restrict members from carrying out legitimate operation activities or other social activities by maintaining prices, restricting output, and market segmentation, etc.;
(3) To implement compulsory membership or discriminatory treatment among members, or restrict members from joining other industry associations;
(4) To charge or apportion fees from or to members in violation of laws, regulations and the articles of association;
(5) To engage in business activities that are the same as or similar to the business of members, or constitute or may constitute a direct or indirect competitive relationship with members, by establishing enterprises or investing in members;
(6) To charge fees from members or charge fees in disguised form by holding appraisal and commendation activities; or
(7) To conduct other acts prohibited by laws, regulations and the articles of association.
Chapter V Cultivation and Development
Article 49 Municipal and district people’s governments shall advance function reforms by authorizing or delegating to eligible industry associations such duties as industry administration and coordination, social affairs services and administration, and technical and market services that are suitable for industry associations to undertake.
Article 50 Municipal and district people’s governments shall compile a catalogue of public services purchased from social organizations such as industry associations, clarifying the types, nature and content of government-purchased services, announce it to the public, and adjust it in a timely manner.
The purchase of public services shall comply with the principles of fairness, openness and impartiality, may be done by means of entrustment, contracting, or procurement with payment.
The industry associations undertaking public services shall be prohibited from delegating or subcontracting such services to third parties.
Article 51 Municipal and district people’s governments and relevant entities shall establish daily contact mechanisms with industry associations.
When formulating, modifying or abolishing regulations, rules, normative documents, technical standards and industrial development plans involving industries and industrial interests, the opinions of relevant industry associations shall be solicited.
Article 52 Industry associations are encouraged to exercise vocational management systems.
The human resources security authority shall, in conjunction with the registration and administration authority and relevant authorities, carry out education and training, professional qualification evaluation, social security and other work for full-time employees of industry associations.
Industry associations shall sign labor contracts with their employees who have established labor relations with them, pay social insurance premiums in accordance with the law, and protect the legitimate rights and interests of their employees.
Article 53 Industry associations may submit suggestions and express opinions to municipal and district people’s governments and relevant entities on matters concerning the interests of their industries and sectors, and the said governments and entities shall respond to them.
Article 54 If an industry association engages in promoting technological transformation, industrial upgrading or other work in related industries, the municipal or district people’s government shall use special industry funds to provide financial rewards in accordance with relevant industrial policy provisions.
If the industrial standard, industrial plan or industrial policy drafted by an industry association is adopted by the State, Guangdong Province, municipal or district people’s government, or relevant authority, the said government or authority adopting the draft may give rewards in accordance with relevant provisions such as standardization strategic policies.
Chapter VI Supervision and Administration
Article 55 The registration and administration authority shall establish an industry association information platform to publicize:
(1) Registration of industry associations;
(2) Annual reports of industry associations;
(3) Ranking of industry associations;
(4) Directory of abnormal activities and permanent directory of abnormal activities of industry associations; and
(5) Information on cancellation of registration, administrative punishments and other supervision and administration information.
Industry associations may submit annual reports and publish members’ disciplinary information through the information platform.
Article 56 The registration and administration authority shall formulate guidelines for the establishment of industry associations, format texts of articles of association, guidelines for corporate governance, and guidelines for annual reports, to instruct industry associations to establish and improve internal governance structure and management policies with the articles of association as the core, and improve internal checks and balances and restraint mechanisms.
Article 57 The registration and administration authority shall establish a rating policy for industry associations and conduct comprehensive assessments of their basic conditions, quality of internal governance and public reputation.
The results of the assessment mentioned in the preceding paragraph shall be used as an important basis for municipal and district people’s governments and their relevant authorities to devolve duties and purchase public services.
Article 58Wherea municipal or district people’s government or their relevant authoritydevolves duties to an industry association or purchases public services, the said government or authority shall announce to the public the devolving and purchase as well as the application and procedures, and shall announce the review results and sign an agreement to clarify the rights and obligations of both parties after the review.
Municipal and district people’s governments and their relevant authorities shall assess the implementation of the devolving or purchase.
The industry association that accepts the devolving or provides public services shall formulate detailed implementation rules, submit them to the authority that has signed the agreement with it for review, and then make them public for supervision by relevant authorities and society.
Article 59 Industry associations are subject to an annual reporting policy.
An annual report shall include the activities and financial situation in the previous year, and the activity plan for the current year.
Industry associations shall submit their annual reports to the registration and administration authority before the end of March each year, and shall be responsible for the authenticity of the reports.
The industry association newly established shall submit its annual report from the next year.
The annual inspection policy for industry associations shall be replaced by the annual reporting policy.
The registration and administration authority shall conduct random spot checks for annual reports submitted by industry associations.
Article 60 A directory of abnormal activities shall be established for industry associations.
The registration and administration authority shall include an industry association in the directory of abnormal activities and put it under credit supervisionif it falls under any of the following circumstances:
(1) It fails to submit the annual report as required;
(2) It failed to convene the general meeting of members (or member representatives), the board of directors meeting and the board of supervisors meeting in the previous year;
(3) It fails to hold a general election in accordance with the articles of association;
(4) The number of its members is less than the prescribed number; or
(5) It is uncontactable through the registered address.
Before deciding to include an industry association in the directory of abnormal activities, the registration and administration authority shall inform it of the facts, reasons, and basis for making the said decision and its lawful rights. If the industry association is uncontactable through the registered address, an announcement shall be made on the industry association information platform.
The chairman, vice chairman, director, supervisor and secretary general who are directly responsible for the inclusion in the directory of abnormal activities shall be put under the credit supervision.
Article 61 If the cause for inclusion in the directory of abnormal activities disappears within three years upon such inclusion, the industry association may apply for removal. The registration and administration authority shall remove the industry association from the directory of abnormal activities after verification.
Article 62Under any of the following circumstances,the industry association shall be included in the permanent directory of abnormal activities under its registration number instead of its name, and shall not carry out activities in the name of industry association:
(1) It has been included in the directory of abnormal activities for three years; or
(2) It fails to register the cancellation after its registration certificate has been revoked.
Article 63 If a party concerned or interested party is dissatisfied with an administrative act made by the registration and administration authority, it may apply for administrative reconsideration or initiate administrative litigation in accordance with the law.
Chapter VII Legal Liability
Article 64Where an organization conducts activities as an industry association without registration, while being included in the permanent directory of abnormal activities, or having its registration revoked or rescinded, in accordance with the law, the registration and administration authority shall ban the illegal organization, confiscate its illegal property, and issue a public announcement. Where there is a crime, criminal responsibilities shall be prosecuted.
Article 65Where the registration of an industry association is acquiredby any improper means such as deception or bribery, the registration and administration authority shall revoke the registration.
Article 66 Where an industry association falls under any of the following circumstances, the registration and administration authority shall order it to make corrections, give it a warning, suspend its operation within a specified time limit, and require it to remove the person directly in charge from the position; if the violation is serious, its registration certificate shall be revoked; where there is a crime, criminal responsibilities shall be prosecuted:
(1) It alters, resells, leases or lends the registration certificate, or leases or lends the seal;
(2) It fails to carry out activities in accordance with the purposes and business scope specified in the articles of association;
(3) It refuses to accept the supervision and inspection or fails to accept the supervision and inspection in accordance with provisions;
(4) It privately divides, embezzles or misappropriates the assets of the industry association or the received property donated or subsidized; or
(5) It violates Item 3, 4, 6 or 7 of Article 48 of these Regulations.
The illegal proceeds from any of the acts listed in the preceding paragraph will be confiscated.
Article 67 Any activities in violation of Item 1, 2 or 5 of Article 48 of these Regulations are subject to the investigation and penalties imposed by the administration formarket regulation in accordance with the law.
Article 68 Where an industry association falls under any of the following circumstances, the registration and administration authority shall order it to rectify within a specified time limit and issue a warning; if there are illegal gains, they shall be confiscated:
(1) It fails to register the changed item as required;
(2) It seriously infringes upon the rights and interests of members in violation of these Regulations or the articles of association; or
(3) It commits other activities in violation of these Regulations.
Article 69 If an industry association defrauds financial rewards or financial support, the relevant authority will recover the financial funds and impose punishments in accordance with relevant provisions; if a crime is constituted, criminal liability will be pursued in accordance with the law.
Article 70 If the chairman, vice chairman, director, supervisor, secretary general or any other employee of an industry association privately divides, embezzles or misappropriates the property of the industry association, he/she will return it in accordance with the law, and the industry association will take disciplinary measures against the party concerned in accordance with the articles of association; if a crime is constituted, criminal liability will be pursued in accordance with the law.
If the chairman, vice chairman, director, supervisor, secretary general or any other employee of an industry association engages in undisclosed related transactions or other activities causing damages or losses to the industry association, he/she shall be liable for compensation in accordance with the law.
Article 71 Where an administrative authority or any of its staff fails to perform duties or performs duties incorrectly in the registration, supervision or administration of industry associations, the said authority or person shall be punished in accordance with the law; if a crime is constituted, criminal liability will be pursued in accordance with the law.
Chapter VIII Supplementary Provisions
Article 72 The municipal people’s government may formulate implementing rules based on these Regulations.
Article 73 Where an overseas industry association applies for establishment of a branch or representative office in the Zone, the relevant national provisions shall apply.
Article 74 These Regulations shall come into force on April 1, 2014.
附件下载：
粤公网安备 44030402002963号