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Shanxi Provincial Department of Civil Affairs on the province's social organizations to carry out "standardized business activities self-inspection and self-correction special action" notice
Source: Shanxi Civil Affairs Time: 2019-10-14 09:14
2020/11/2 10:16:33


Jin Minfa [2019] 82

Municipal Civil affairs Bureau, provincial social organization business units, industry management departments:

  To regulate the service behavior of social organizations,Focus on solving the problems found in the supervision of superiors and the theme education of "do not forget the original heart and remember the mission",We will resolutely address social organizations that violate laws, regulations, and their own statutes,We will promote the healthy and orderly development of social organizations,The following is the notice of the "Special Action on Self-inspection and self-correction of Standardized Business Activities" (hereinafter referred to as the "special action") in social organizations in the province。

  First, deeply understand the significance of carrying out "special actions"

  To carry out "special actions" in all kinds of social organizations at all levels in the province is an important measure to strengthen the self-discipline and integrity construction of social organizations, improve the credibility of social organizations, help standardize the service behavior of social organizations, and give full play to the positive role of social organizations in serving the country, serving the society, serving the masses, and serving the industry。Local civil affairs departments, business units and industry management departments should combine the theme education of "not forgetting the original heart and keeping the mission in mind" of social organizations that are being promoted,To educate and guide party members of social organizations to solve problems that run counter to their original aspirations and missions in a thoroughly self-revolutionary spirit,Solve all kinds of problems that social organizations violate their own charters and service purposes,Focus on social organization training service fees, membership fee collection, revenue and expenditure management and other prominent problems,Dig deep into the shortcomings of democratic election, democratic management, democratic decision-making, system construction, integrity construction, supervision mechanism and other aspects behind the problems,Make great efforts to organize and carry out the "special action"。

  Second, focus on charging behavior organization to carry out self-examination and self-correction

  This "special action" should focus on social organizations to carry out illegal fees by carrying out training services, practicing qualification certification, evaluation and commendation awards,We will guide social organizations to conduct self-examination and self-correction of various toll collection activities in the past three years,At the same time, draw a parallel,Simultaneous self-examination and self-correction of other violations of social organization registration regulations, policies, and regulations。The main focus is on the following outstanding problems。

  1.Using training to charge more for underservice, underservice, no service or even forced service behavior;

  2.Social organizations are forced to join the association through the practice qualification certification, industry evaluation and commendation, and collect dues and training fees, and do not register members or issue membership cards;

  3.In violation of state policies and regulations, forcing classes, training, conducting qualification certification, organizing examinations and collecting fees;

  4.Social organizations do not in accordance with the relevant regulations and procedures to pass the membership fee standards or exceed the membership fee standards adopted by the general assembly of members (representatives) behavior;

  5.The income and expenditure of social organizations' membership fees are chaotic, not transparent, not open, and not reported to the general assembly of members (representatives);When foundations accept donations, they fail to sign donation agreements, illegally borrow foreign funds, fail to fulfill information disclosure obligations, and suffer damage to public funds due to major flaws in maintaining and increasing value;Social service agencies illegal "dividend" behavior。

  6.Social organizations engage in activities beyond the scope of business as prescribed in the articles of association approved by the registration and administration authority and collect fees;

  7.Failure to report major matters such as accepting large donations from overseas and cooperating with overseas organizations;

  8.Failure to perform the registration of changes in the domicile, legal representative or business scope;

  9.Major matters of social organizations are not discussed and decided by the board of directors or the members (representatives) assembly, and major matters of foundations and social service organizations are not decided by the board of directors;

  10.Other acts that violate laws, regulations or their own regulations。

  3. Promote "Special actions" through self-inspection and review

  The "special operation" began on October 8 and ended by the end of November。By the end of October, in accordance with the principle of hierarchical management, social organizations should be mobilized and organized to complete self-examination and self-correction。Before November 15, the competent business units and industry regulatory departments will review the social organizations under their supervision。

  Before the end of November, civil affairs departments at all levels will conduct spot checks on registered social organizations in conjunction with annual inspections or annual reports。

  Fourth, strengthen the management of social organizations in "special actions"

  All localities and competent business units shall, through "special actions", help and guide social organizations to establish and improve the corporate governance structure and internal management system with the charter as the core, and strengthen the management of social organizations。It is necessary to strengthen the system construction and establish a long-term management mechanism for social organization charging behavior。

  1.Standardize the activities of social organizations。Educational and guiding social organizations shall not use the influence of the competent business departments or administrative resources to make profits through training, continuing education and other forms, and shall not use the information of members, industry data, donors and recipients, etc., to make improper profits。Social organizations may not, in violation of regulations, set up programs to meet the standards of evaluation and commendation and collect fees, and it is strictly prohibited to force enterprises or individuals to join the association, to allocate dues, to send donations, to solicit sponsorships。Foundations may not finance activities for profit-making purposes, directly publicize, promote or sell products and brands of enterprises, and may not provide reputation and quality guarantees for enterprises and their products。

  2.We will standardize the management of revenue and expenditure in social organizations。The financial revenues and expenditures of social organizations must be fully incorporated into the legal accounts of the units, and they must not use the bank accounts of other units or individuals for financial transactions, maintain accounts out of the books, and set up "small coffers"。Social organizations shall set aside funds for the transfer of government functions and the purchase of services by the government, and shall not use them in violation of regulations。In addition to being used for organizational management costs and other reasonable expenditures, all income of social organizations shall be used for non-profit undertakings as stipulated in the articles of association, and the surplus shall not be distributed。Social organizations shall regularly report their financial revenues and expenditures to the assembly of members (representatives) and the Council, and consciously accept supervision。

  3.Standardize the daily activities of social organizations。To educate and guide social organizations to proactively disclose their annual work reports, financial work reports, and income and expenditure of membership dues to their members。Education guides foundations to disclose to the public, in strict accordance with regulations, detailed plans for the use of public welfare activities and funds raised, application and evaluation procedures for public welfare funding projects, and annual work reports and financial audit reports。Educate and guide private non-enterprise units to focus on disclosing information such as service commitments and service charging standards to their service clients。

  4.Standardize the scope, procedures and methods of democratic deliberations and decision-making by social organizations。Decisions on major matters involving people, money and goods of social organizations, especially those involving charging activities, shall go through democratic procedures。We will guide social organizations to set up boards of supervisors or supervisors, and establish and improve internal supervision and restraint mechanisms。

  Fifth, strengthen the organization and leadership of "special actions"

  1.The "special action" is responsible for civil affairs departments at all levels, business departments and industry regulatory departments, and must establish a "special action" leadership group to effectively strengthen organizational leadership。

  2.The competent business units and industry regulatory departments shall comply with the spirit of document No. 46 of China Transfa [2016],To be responsible for the management of the social organizations in charge of finance, discussion activities, foreign exchanges, receiving overseas donations, and carrying out activities in accordance with the articles of association,Organize self-examination and self-correction of "special actions" of affiliated social organizations,To urge and guide social organizations with chaotic internal management to make corrections,To assist civil affairs departments to investigate and punish illegal activities of social organizations。In accordance with the Regulations of Shanxi Province on Promoting the Development of Industry Associations, relevant industry associations are given the responsibilities of industry training, technical consultation, technology trading, scientific and technological research, information exchange, exhibition investment promotion, intellectual property protection and product promotion,Relevant business competent units and industry competent departments shall be responsible in accordance with the principles of who is in charge and who is responsible for who is empowered,Make statistics and confirm the rights,And guide social organizations to modify their business scope accordingly,It shall be submitted to the registration administration for approval。

  3.The management departments of various industries should perform their respective duties,Each has his own responsibility,Perform the duties of industry management well,We will make good use of industry oversight,Strengthen business guidance and industry oversight,Cooperate with registration authorities to do a good job in the field of social organizations "special action",To assist registration and administration authorities and relevant departments in the investigation and punishment of illegal activities of social organizations in this field。Departments such as public security, commodity prices, human resources and social security shall perform their supervisory duties on matters and affairs involving social organizations in this field, investigate and punish violations of laws and regulations according to law, and promptly inform the civil affairs department。The financial department checks the use of membership fee receipts。

  The civil affairs departments of all localities have investigated the problems found in spot checks,Rectification documents should be issued in time to require rectification within a time limit,Social organizations fail to complete rectification on time,Unable to contact social organizations through their registered residence,Receiving a warning or a fine of less than 50,000 yuan from the relevant department,Failing to establish Party organizations in accordance with the Party Constitution and the Regulations on the Work of Branches of the Communist Party of China,It should be included in the abnormal list of activities of social organizations in accordance with the law。

Shanxi Provincial Civil Affairs Department

September 30, 2019