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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II REGISTRATION CHAPTER III SUPERVISION AND ADMINISTRATION CHAPTER IV SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Regulation is formulated for the purposes of regulating the registration of public institutions, guaranteeing the legitimate rights and interests of public institutions and giving full play to the role of public institutions in the construction of socialist material civilization and spiritual civilization. Article 2. The term "public institutions" mentioned in the present Regulation refers to the public service organizations that are established by the state organs or other organizations by using the state-owned assets for the purpose of engaging in activities of education, science and technology, culture and hygiene. A for-profit business organization lawfully established by a public institution shall keep separate accounts and shall be subject to the registration according to the laws, regulations of the state regarding companies, enterprises and other business organizations. Article 3. After a public institution has been established upon approval of the people's government at or above the county level and relevant administrative departments (hereinafter referred to the examination and approval organs), it shall undergo the registration or record-keeping formalities under the present Regulation. A public institution shall meet the requirements for a legal person. Article 4. A public institution shall abide by the Constitution, laws, regulations and policies of the state. Article 5. The registration administrative institutions of public institutions that belong to the administrative organs of government establishments of the people's governments at the county level or above (hereinafter referred to the registration administrative organs) shall be responsible for carrying out the registration of public institutions. The government establishment administrative organs of the people's governments at the county level or above shall strengthen the supervision and inspection over the work of registration of public institutions carried out by the registration administrative organs. The public institutions shall be subject to level-by-level registration. The specific measures for the level-by-level registration shall be formulated by the government establishment administrative organ of the State Council. Where it is otherwise provided by law or administrative regulation for the supervision and administration of public institutions, the law or administrative regulation shall be followed. CHAPTER II REGISTRATION Article 6. An applicant shall meet the following conditions when applying for the registration of a public institution legal person: (1) Having been established upon approval of the examination and approval organs; (2) Having its own name, organizational structure and business site; (3) Having practitioners compatible with the activities it is engaged in; (4) Having sources of funds compatible with the activities it is engaged in; and (5) Being able to bear the civil liabilities independently. Article 7. An applicant shall submit the following documents when applying for the registration of a legal person public institution: (1) A registration application; (2) The approval documents of the examination and approval organ; (3) A certification of business place use right; (4) A certification of the sources of funds; and (5) Other certification documents. Article 8. A registration administrative organ shall, within 30 days after it receives a registration application, conduct examination in accordance with the present Regulation, make a decision of approval or disapproval. If it approves, it shall issue the applicant a Legal Person Public Institution Certificate. If it disapproves, it shall give an explanation. The registration items of a public institution legal person shall include the name, address, purposes and business scope, sources of funds (start-up capital), etc. Article 9. A public institution that has been registered shall, upon the strength of the Legal Person Public Institution Certificate, make a seal and apply for opening a bank account. It shall submit a sample of its seal to the registration administrative organ for archival purposes. Article 10. Where it is necessary for a public institution to modify any registration item, it shall apply to the registration administrative organ for modifying the registration. Article 11. If a public institution meets the requirements for a legal person and has obtained the legal person qualifications on the day when its establishment is approved according to law, or if a public institution meets the requirements for a legal person and has obtained corresponding business license upon examination or registration of relevant administrative departments, it isn't required to apply for legal person public institution registration, instead, it shall, via relevant administrative organ, apply to the registration administrative organ for record-keeping according to provisions on level-by-level registration. The public institutions directly under the people's governments at or above the county level shall directly apply for record-keeping in the registration administrative organs. Article 12. The record-keeping items of a public institution shall include practicing approval certification documents or establishment approval documents apart from those listed in the second paragraph of Article 8 of the present Regulation. With regard to a public institution that applies for record-keeping, the registration administrative organ shall, within 30 days from the day when it receives the record-keeping documents, issue to it a Public Institution Legal Person Certificate. Article 13. Where a public institution is cancelled or dissolved, it shall apply to the registration administrative organ for deregistration or writing off record. Before a public institution has its registration cancelled, it shall form a liquidation group and complete the liquidation work under the guidance of the examination and approval organ. With 15 days after the public institution completes the liquidation, it shall apply to the registration administrative organ for deregistration. In the process of deregistration, it shall offer the cancellation or dissolution documents and liquidation reports. The administrative registration organ shall withdraw its Legal Person Public Institution Certificate and seal. Article 14. A public institution's registration, record-keeping or modification of name or address, and deregistration or write-off of record shall be announced by the registration administrative organ. CHAPTER III SUPERVISION AND ADMINISTRATION Article 15. The lawful incomes obtained by a public institution from its business operations under relevant provisions of the state shall be used for the activities that are in line with the purposes and business scope of the public institution. The donations and contributions accepted by a public institution shall be in line with the purposes and business scope of the public institution, and shall be used according to the terms, forms and lawful uses stipulated with the donators or contributors. Article 16. A public institution shall implement the administrative systems of financial accounting and price, shall be subject to the supervision of the public finance, tax and audit departments. Article 17. A public institution shall, prior to March 31 each year, submit a report about the implementation of the present Regulation of the previous year to the registration administrative organ and the examination and approval organ respectively. Article 18. Where a public institution fails to go through the registration formalities under the present Regulation, it shall be ordered to make up the registration formalities within a time limit by the registration administrative organ. If it fails to do so, the registration administrative organ shall propose to give a disciplinary sanction to the person-in-charge and other direct liable persons of the public institution. Article 19. Where a public institution is under any of the following circumstances, it shall be given a warning by the registration administrative organ and ordered to get right within a time limit. If the circumstance is serious, upon approval of the examination and approval organ, it may be deregistered, and its Legal Person Public Institution Certificate and seal shall be withdrawn. (1) Failing to modify its registration or deregister according to the present Regulation; (2) Altering, leasing or lending the Legal Person Public Institution Certificate, or leasing or lending its seals; or (3) Accepting donations or contribution by unlawful means. A public institution that violates any law or regulation shall be punished by relevant organs in accordance with the law. Article 20. If any functionary of a registration administrative organ abuses his power, neglects his duties or seeks private interests in the work of public institution registration and if any crime is constituted, he shall be subject to criminal liabilities in pursuance of the law. If no crime is constituted, he shall be given an administrative sanction in accordance with the law. CHAPTER IV SUPPLEMENTARY PROVISIONS Article 21. The format of the Legal Person Public Institution Certificate shall be formulated by the government establishment administrative organ of the State Council. Article 22. The public institutions established before the present Regulation comes into effect shall, in accordance with the present Regulation, go through the registration and record-keeping formalities within 1 year from the day when the present Regulation is implemented. Article 23. The present Regulation shall take effect as of the promulgation date. |
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