Administrative Regulations on Registration of Social Organizations

Administrative Regulations on Registration of Social Organizations

Order of the State Council [1998] No. 250

October 25, 1998

The Administrative Regulations on Registration of Social Organizations have been adopted at the Eighth Executive Meeting of the State Council on September 25 and are hereby promulgated. The Regulations shall come into effect as of the date of promulgation.

Premier: Zhu Rongji

Administrative Regulations on Registration of Social Organizations

Chapter I General Provisions

Article 1 These Regulations are formulated for the purposes of safeguarding the freedom of association by citizens, maintaining the lawful rights and interests of associations, strengthening registration administration of associations and facilitating socialist material as well as cultural and ethical progress.

Article 2 For the purposes of these Regulations, the term "Associations" shall refer to non-profit-making social organizations voluntarily composed of Chinese citizens that perform activities in accordance with the articles of association for the realization of the common desires of the membership.
Organizations, with the exception of State institutions, may, as unit members, be members of associations.

Article 3 The establishment of an association shall be subject to the review and consent of its business authorities, and shall be registered in accordance with the provisions stipulated by these Regulations.
Associations shall be qualified as juristic persons.
The following organizations do not fall within the scope of registration under these Regulations.
(1) people's groups which have participated in the Chinese People's Political Consultative Conference;
(2) organizations which have been confirmed by the administrative department for institutional organization under the State Council and are exempt from registration as approved by the State Council;
(3) organizations which are established within organs, organizations, enterprises and institutions with the approval of their own, and perform activities therein.

Article 4 Associations shall abide by the Constitution, laws, regulations and policies of the State, shall not oppose the basic principles set in the Constitution, shall not endanger the reunification and security of the country or the unity of the nationalities, shall not infringe upon State, public interests or the lawful rights and interests of other organizations and citizens, and shall not breach social ethics and morality.
No associations may conduct profit-making business activities.

Article 5 The State shall protect associations in performing activities in accordance with the laws, regulations and their articles of association, and no organizations and individuals may unlawfully interfere with them.

Article 6 The civil affairs department of the State Council and the civil affairs departments of the local people's governments at or above the county level are the registration administration organs of the people's governments at their corresponding levels (hereinafter referred to as the registration administration organs) for associations.
The relevant departments of the State Council and those of the local people's governments at or above the county level as well as organizations authorized by the State Council or the local people's governments at or above the county level are the relevant governing units over associations of trades, academic disciplines or professions (hereinafter referred to as the governing units).
Where the laws and administrative regulations stipulate otherwise with regard to the supervision and administration of associations, the provisions of the relevant laws and administrative regulations shall be applied.

Chapter II Jurisdiction

Article 7 Nationwide associations shall be registered and administered by the registration administration organ of the State Council; local associations shall be registered and administered by registration administration organs of the people's governments where they are located. Trans-administrative-region associations shall be registered and administered by the common registration administration organs of the people's governments at the next higher level over the administrative regions that these associations straddle

Article 8 Where the domiciles of the registration administration organs and the business authorities are not in the same places as those of the associations, the registration administration organs and the business authorities in places where these associations are domiciled may be delegated with the work of supervision and administration within the scope of the entrustment.

Chapter III Establishment and Registration

Article 9 The matter in applying for establishing an association shall be subject to the review and consent of the business authorities, and the sponsor shall apply for approval of preparations to the registration administration organ.

Article 10 An association shall meet the following requirements for establishment:
(1) possesses more than 50 individual members or 30 unit members; a total of more than 50 members are required where an association consists of both individual and unit members.
(2) possesses normal name and corresponding organizational structure;
(3) possesses a fixed domicile;
(4) possesses full-time staff suitable for its activities;
(5) possesses lawful assets and sources of funding; a nationwide association shall have an operational fund of more than RMB 100, 000 while a local association and a trans-administrative-region association shall have an operational fund of more than RMB 30, 000;
(6) possesses ability to bear civil liabilities independently.
Names of associations shall comply with the laws and regulations, and may not offense social ethics and morality.
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