Jing Min She Fa [2020] No.24
District Civil Affairs Bureaus, competent business units, leading organs of party building in various organizations and social organizations:
The "Guidelines for the General Election of Social Organizations in Beijing (Trial)" are hereby printed and distributed to you, please implement them according to the actual situation.
Beijing Municipal Civil Affairs Bureau
March 3, 2020
Guidelines for the general election of social organizations in Beijing (for Trial Implementation)
Chapter I General Provisions
Article 1 In order to regulate the general election of social organizations, ensure members to exercise their democratic rights according to law, and promote autonomy according to law, these guidelines are formulated in accordance with the Regulations on the Administration of Registration of Social Organizations and relevant laws, regulations and policies, combined with the actual work in our city.
Article 2 The general election of social organizations (hereinafter referred to as the general election) is a process in which the organization holds a general meeting or a general meeting of members (hereinafter referred to as the general meeting) in accordance with the articles of association, deliberates and votes on relevant matters in accordance with the prescribed procedures, and elects a new board of directors and board of supervisors by voting.
Article 3 The general election shall embody the principles of "democracy, openness, fairness, impartiality and standardization".
Article 4 The general election of social organizations shall be the responsibility of the Council or the Standing Council (hereinafter referred to as the Council).
The Council may establish a general election committee and authorize the general election committee to be solely responsible for the general election.
Article 5 The competent business units, leading organs of Party building and registration administration organs shall be responsible for the guidance and supervision of the general election.
Article 6 These Guidelines shall apply to social organizations registered in the civil affairs department of this Municipality according to law.
Chapter II General Election Institutions
Article 7 The Council shall organize the general election six months before the expiration of its term of office. The duties of the Council are:
(a) to formulate the work plan for the general election and hold regular meetings to study and discuss major issues in the general election.
(2) Organizing to sort out the membership roster and examining the membership conditions according to the articles of association.
When a member congress is held, it is necessary to draw up and adopt the method for generating member representatives, and review and approve the list of member representatives.
(3) Organizing the nomination of the chairman or president (hereinafter referred to as the chairman), the vice-chairman or vice-chairman (hereinafter referred to as the vice-chairman), the chairman of the board of supervisors, the secretary-general, the standing directors, directors and supervisors to propose candidates. Have a part-time job, for examination and approval for the record.
(four) to discuss and pass the relevant materials for the general election.
(five) to submit the general election materials and the list of candidates for the responsible person to the competent business units, the leading organs of party building and the registration administration organs.
(six) issued an announcement to inform all members of the general election related matters.
(seven) presided over the general election meeting, announced the election results.
(eight) the establishment of electoral work files.
Article 8 Where the general election committee is authorized to be established, the Council shall establish the general election committee six months before the expiration of its term of office.
The general election committee is elected by the Council. Generally, it is composed of the principal person in charge of the board of directors, the person in charge of the party organization at the same level, the executive director, the representative of the director and the representative of the supervisor. The number of members is determined by the board of directors, which is generally odd, and the number is 5-15. The general election committee shall elect a chairman, and the leading office or secretariat shall carry out the work related to the general election.
After the election committee is formed, it shall issue an announcement to inform all members.
Chapter III Membership Examination
Article 9 Before the general election, membership examination shall be conducted to ensure that members have the right to vote, be elected and vote. Members who fail to pay their membership fees, participate in activities or violate the articles of association are advised to cancel their membership, which will be discussed and approved by the board of directors. Those who cancel without discussion and approval by the Council still enjoy membership rights.
Article 10 A new application for membership shall be discussed and approved by the board of directors.
Article 11 The board of directors or the general election committee shall draw up the Membership List and publicize it in an appropriate way for 7 days.
Twelfth members have objections to the publicity of the "membership list", should be within 10 days after the publicity to the Council or the general election committee. The Council or the general election committee shall conduct investigation and verification within 3 days after receiving the objection application. If it needs to be corrected, the corrected "Member List" shall be publicized in time.
Chapter IV Selection of Member Representatives
Article 13 In principle, a general meeting shall be held if the number of members is less than 200 (inclusive). If there are more than 200 members, a member representative meeting may be held, and the number of member representatives is generally not less than 50.
Article 14 The proportion of member representatives shall be determined according to industry category, geographical distribution and representativeness.
Members’ representatives shall be elected through democratic means. After the members’ representatives are produced, they shall be reported to the Council or the general election committee for deliberation and approval.
The person in charge of a corresponding party organization should generally be a member representative.
Article 15 The board of directors or the general election committee shall summarize and form a Member Representative List, and publicize it in an appropriate way before the general election, with a publicity period of 7 days.
Sixteenth members of the publicity of the "Member Representative List" have objections, should be within 10 days after the publicity to the Council or the general election committee. The Council or the general election committee shall conduct investigation and verification within 3 days after receiving the objection. If it needs to be corrected, the corrected "Member Representative List" shall be publicized in time.
Chapter V Generation of Candidates
Article 17 The board of directors or the general election committee shall, on the basis of extensive consultation, nominate candidates for chairman, vice-chairman, executive director, director, secretary-general, chairman of the board of supervisors and supervisor by means of holding a forum, making a thorough investigation, and recommending by the board of directors.
Article 18 Selection of directors, executive directors and supervisors.
(1) The directors are elected from among the members, and the board of directors is composed of at least 7 directors and no more than 100 directors, generally not more than one third of the members or their representatives. The term of office of directors is stipulated in the articles of association.
(2) The executive director shall be elected from among the directors, and the executive council shall be composed of at least 5 executive directors, with a maximum of 1/3 of the directors. The term of office of the executive director shall be stipulated in the articles of association.
Social organizations with less than 50 directors do not have a standing Council; Social organizations with more than 50 directors may set up a standing council.
(3) The supervisors shall be elected from among the members, and the board of supervisors shall consist of at least three supervisors. The term of office of the supervisor shall be stipulated in the articles of association.
Article 19 Selection of the person in charge.
(1) The chairman, vice-chairman and secretary-general are elected from among the directors, and the number generally does not exceed one third of the number of directors. Generally, there is one chairman, several vice-chairmen and one secretary-general.
The Secretary-General can also implement the appointment system, and his term of office is not limited, and he cannot serve as the legal representative.
(2) The chairman of the board of supervisors shall be elected from among the supervisors, with one person.
Article 20 A person in charge of a social organization shall meet the following basic qualifications:
(1) Adhere to the leadership of the Communist Party of China (CPC), implement the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era, support Socialism with Chinese characteristics, and resolutely implement the party’s line, principles and policies;
(two) law-abiding, diligent, personal social credit record is good;
(three) have the corresponding professional knowledge, experience and ability, familiar with the industry;
(4) Being in good health and able to perform their duties normally, each term of office shall not exceed five years, and the term of re-election shall not exceed two, and the maximum working age shall not exceed 70 years. The legal representative shall not serve as the legal representative of other social organizations at the same time;
(5) Having full capacity for civil conduct;
(six) there are no laws and regulations prohibiting other circumstances.
Twenty-first general election 15 days ago, the "list of candidates" should be publicized to all members, and the publicity period is 7 days.
Twenty-second members of the publicity of the "list of candidates" have objections, should be within 7 days after the publicity to the Council or the general election committee. The Council or the general election committee shall conduct investigation and verification within 3 days from the date of receiving the objection. If it needs to be corrected, the corrected List of Candidates’ Suggestions shall be publicized in time.
Chapter VI General Audit
Article 23 The board of directors or the general election committee shall select a qualified accounting firm to issue the General Audit Report, and the audit period shall generally be from the establishment of the current board of directors to three months before the next general meeting.
Article 24 If the legal representative leaves office, the board of directors or the general election committee shall select a qualified professional audit institution to issue the Audit Report on the Economic Responsibility of the Legal Representative during his term of office, and the report shall indicate a clear audit conclusion. The audit period is generally from the legal representative’s term of office to three months before the next general meeting.
Chapter VII Consideration of Documents
Article 25 The Council or the general election committee shall hold a meeting 60 days before the general election meeting to consider and pass the following materials:
(1) Nomination of candidates for chairman, vice chairman, secretary-general, supervisor, executive director, director and supervisor;
(two) the political audit materials of the candidates for the heads of social organizations without business units;
(3) Roster of Honorary Personnel (involving this content);
(4) Application for General Election;
(5) Work Report of the Board of Directors, Financial Work Report and Work Report of the Board of Supervisors;
(6) Agenda of the General Assembly;
(7) Measures for General Election (Draft);
(eight) to prepare the ballot sample;
(9) Articles of Association (Draft) and Comparison Table of New and Old Articles of Association;
(ten) on-the-job leading cadres, retired (retired) cadres part-time approval and filing materials.
Chapter VIII Materials Submitting for Approval
Twenty-sixth according to the relevant provisions, the board of directors or the general election committee will report the materials reviewed and approved to the competent business unit for approval. Social organizations without competent business units shall report to the leading organs of Party building for examination and approval in accordance with the "Measures for the Examination of Persons in Charge of Chambers of Commerce of Beijing Industry Associations (Trial)".
Twenty-seventh leading cadres of the party and government organs shall be examined and approved in accordance with the requirements of the Municipal Commission for Discipline Inspection and the Organization Department of the Municipal Party Committee.
Twenty-eighth according to the relevant provisions, the board of directors or the general election committee will report the approved materials to the registration authority for review.
Chapter IX Election Preparation
Twenty-ninth meeting notice. The board of directors or the general election committee shall notify all members or members’ representatives in an appropriate way one week before the general election meeting is held. The contents of the notice mainly include: the time and place of the general election and the agenda of the meeting.
Article 30 Print ballot papers. The Council or the general election committee shall print at least two sets of official ballots, which shall be distinguished by eye-catching colors, and the official ballots shall be stamped with the official seal of social organizations and sealed.
Article 31 proxy voting. Members or member representatives who are unable to vote on the day of the meeting may entrust others to vote in writing.
The proxy voting shall be made public to members in an appropriate way and subject to supervision.
Article 32 Making ballot boxes. The front of the ballot box should be marked with the words "ballot box", which should be easy to seal and lock, and the voting opening should not be too large. The ballot box should be of moderate size, so that it is convenient for voting and election staff to move it.
Thirty-third determine the candidates recommended by the scrutineers and tellers.
(1) The board of directors or the Election Committee shall nominate from the staff of the Secretariat, members or members’ representatives one candidate recommended by the chief scrutineer, and several candidates recommended by the tellers and scrutineers.
(2) A candidate shall not be the chief scrutineer, scrutineer or teller.
(3) After nomination, the board of directors or the general election committee shall provide them with necessary pre-election training, including voting methods, provisions and drawing methods of ballots, counting methods, determination of validity and invalidity of ballots and other matters needing attention.
Article 34 Arrange the meeting place. The venue layout should be solemn and grand. The emblem should be hung above the venue. Ballot boxes should be set up at the venue to facilitate queuing for tickets, drawing tickets and voting, so as to ensure the orderly voting.
Article 35 Prepare articles for the conference. The items needed for the general election meeting mainly include: materials to be considered by the meeting, sign-in form, member (representative) roster, ballot papers, vote counting form, national anthem CD, election result report form, etc.
Thirty-sixth determine the host. The General Assembly shall be presided over by the Council or the general election committee. The moderator is generally the Secretary-General. If the Secretary-General is unable to serve, the Council or the general election committee shall recommend a vice-chairman.
Chapter X General Election
The first section is valid
Article 37 Before the start of the general election meeting, the Council or the general election committee shall count the number of members or their representatives present at the meeting. If the number of members or their representatives present at the meeting exceeds two thirds of the number of members or their representatives present at the meeting, the meeting will be an effective meeting.
The moderator should inform the conference.
Section 2 deliberation and voting
Article 38 The General Assembly shall deliberate and vote on important materials such as the Work Report of the Board of Directors, the Work Report of the Board of Supervisors, the Financial Work Report, the Audit Report for the General Election, the Articles of Association (Draft), the Election Measures and other major issues. The General Assembly generally follows the following procedures when voting on relevant matters:
(1) Deliberating and voting on the Work Report of the Council.
(2) Deliberating and voting on the Financial Work Report.
(three) review the "audit report", the legal representative should also read the "audit report on the economic responsibility of the legal representative’s term".
(IV) Deliberating and voting on the Work Report of the Board of Supervisors.
(5) Introduce the revision of the Articles of Association and vote on the Draft Articles of Association.
(6) Deliberating and voting on the Election Measures, and voting on the chief scrutineer, scrutineer and teller.
Thirty-ninth deliberation and voting methods should follow the principles of democracy and effectiveness, and generally vote by show of hands. When deliberating and voting, the host should ask and announce the consent, disagreement and abstention on the spot. The number of people who agree to vote exceeds two-thirds of the number of people present at the meeting. If the vote is not passed, the Council or the general election committee shall decide whether to re-vote or choose a date to vote. In case of unsuccessful voting, directors and supervisors cannot be elected.
Section 3 Election Voting
Article 40 The election of directors and supervisors in the general meeting shall be presided over by the director. The chief scrutineer shall fill in the notes on the ballot papers, announce the discipline of the venue, supervise the voting, count the votes and report the votes.
Forty-first general elections generally implement equal elections, and the number of candidates for the Council is the same as the number of candidates to be elected.
Encourage the election by means of difference, and if the election is conducted by means of difference, the difference ratio shall not be less than one third.
Social organizations can also adopt the method of direct election, and the members’ meeting directly elects directors, supervisors and principal responsible persons. If the general assembly is directly elected, the election process shall refer to the election process of the general election assembly.
Article 42 The election of directors and supervisors generally follows the following procedures:
(1) Introduce the procedures and conditions for the selection of candidates for directors and supervisors.
(two) the scrutineer checks the ballot box and closes it on the spot.
(3) The tellers issue ballots and report the actual number of ballots (the remaining ballots shall be sealed or destroyed in public).
(four) to introduce the methods and matters needing attention in filling in the ballot paper.
(5) Fill in the ballot paper.
(6) voting. The chief scrutineers, scrutineers and tellers who are qualified as members (representatives) shall vote first, and other personnel shall vote in turn.
(7) ticket inspection. The scrutineers and tellers will open the boxes to check the votes on the spot and report the number of votes withdrawn (the election is valid if the number of votes withdrawn is equal to or less than the number of votes issued).
(8) Counting votes. The number of people (including the number of other candidates) selected for each ballot is equal to or less than the number of people to be elected, and the number of people who are more than the number of people to be elected is invalid.
Candidates and other candidates can only be elected if the number of votes in favor exceeds two-thirds of the total number of members present or members’ representatives.
The Council or the general election committee shall determine the validity of the ballot papers that cannot be determined.
(nine) announced the candidates’ votes. The scrutineers and tellers fill in the counting result statistics sheet and sign it for confirmation, and the chief tellers will announce the votes on the spot.
(10) seal up the ballot papers.
Article 43 When convening the first meeting of the new Council, the moderator shall be elected by the new Council, and the person in charge of the election shall generally follow the following procedures:
(1) To announce the convening of the meeting, report the number of directors who should attend the meeting and the number of directors who actually attended the meeting, and declare that the number of people who actually attended the meeting exceeds two thirds of the number of people who should attend the meeting, and the meeting is an effective meeting.
(2) introducing the situation of the directors who failed to attend for some reason and the entrustment.
(three) announced the list of candidates for the chairman, vice chairman, secretary general and executive director, and introduced the candidate selection procedures and candidates.
(four) the election of the chairman, vice chairman, secretary general and executive director (refer to the election procedures of the general assembly).
Candidates and other candidates can only be elected if the votes in favor exceed two-thirds of the total number of directors present at the meeting.
(5) Voting to approve the appointment or open recruitment of the Secretary-General to the public (if this content is involved).
(6) Voting to employ the honorary post and the person in charge of the branch (representative) (if this content is involved).
(seven) vote through other internal management systems.
Article 44 The first meeting of the new Board of Supervisors shall be convened to elect the chairman of the board of supervisors (refer to the election procedure of the Board of Directors).
Section IV Announcement of Election Results
Article 45 Announce the election results of the chairman, vice-chairman, secretary-general and supervisor, and other matters voted by the first board of directors and the board of supervisors.
Section 5 Separate Election and Re-election
Article 46 A separate election refers to a re-election in which two or more candidates for the same position have equal votes and it is uncertain who will be elected, or the number of candidates elected is less than the number of candidates to be elected.
In case of another election, the Council or the general election committee shall evaluate the situation of another election, and decide whether it is necessary to hold another election according to its influence on the Council and the board of supervisors of social organizations.
Forty-seventh in order to determine who is elected by two or more people with equal votes, the candidates are still two or more people with equal votes. The ballot papers to be elected separately shall be in the order of names and strokes, and no space shall be left on the ballot papers for selecting others.
Forty-eighth in order to make up for the shortage of places, the candidates shall be determined according to the order of the number of votes obtained by those who were not elected in the first ballot. The ballot paper should be left blank for others to choose.
Forty-ninth voting procedures and requirements for separate elections shall be carried out in accordance with the voting procedures and requirements of the general election meeting. The results of another election should also be announced on the spot on the same day.
Fiftieth re-election refers to the process of re-election due to the failure of the Council or the general election committee and the actors to follow the prescribed procedures and election methods, resulting in invalid elections. Several situations of re-election:
(a) the number of members or members’ representatives who participated in the voting did not meet the attendance requirements of more than two thirds, or their resolutions did not meet the voting requirements of more than two thirds of the members present;
(two) the number of votes recovered is more than the number of votes issued;
(3) The candidate bribed the voter with money or other property, or obstructed the voter’s independent exercise of the right to vote and stand for election by means of violence, threat or deception;
(four) other violations of relevant laws and regulations, the articles of association of social organizations and the provisions of the general election.
Re-election on the same day, the results should be announced on the same day. Re-election on another date, generally not more than 15 working days.
Article 51 In case of re-election, the Council or the general election committee shall promptly report to the competent business unit and the registration authority. In the event of re-election of social organizations without business competent units, they should report to the leading organs of party building work at higher levels and the registration management organs in a timely manner.
Article 52 If one or more candidates for the proposed responsible person are not elected as directors or supervisors, or if more than two-thirds of the votes of other directors or supervisors are selected, the board of directors or the general election committee may directly determine the election results, and the board of directors or the general election committee shall re-elect new candidates for the responsible person from the newly elected directors. The recommended candidates shall go through the procedures of soliciting opinions or political review.
Fifty-third separate elections and re-elections should be clearly distinguished from the previous elections in terms of color or style.
Fifty-fourth social groups in the general election in case of emergencies, according to the following procedures:
(1) Social organizations with competent business units conduct mediation under the auspices of competent business units and registration administration organs, while social organizations without competent business units conduct mediation under the auspices of leading party building organs and registration administration organs.
(two) through arbitration, to resolve disputes according to law.
(3) Resolving disputes according to law through judicial channels.
Chapter XI Filing and Registration
Article 55 If the name, legal representative, domicile, registered capital, business scope and competent business unit of a social organization change after the change of office, the change procedures shall be handled in accordance with the provisions of the Administrative Licensing Law and the Regulations on the Administration of Registration of Social Organizations.
Article 56 Within 30 days after the general meeting of social organizations, the following materials shall be reported to the competent business unit and the registration administration organ for the record if there is a competent business unit, and the following materials shall be reported to the leading party building organ and the registration administration organ for the record if there is no competent business unit:
(1) Minutes of General Meeting;
(2) Work Report of the Board of Directors, Work Report of the Board of Supervisors and Financial Work Report;
(3) Member List, Board List, Standing Board List, Board of Supervisors List and Person in Charge List;
(4) Agenda of the Meeting;
(5) Measures for General Election;
(6) The Audit Report on General Election;
(seven) on-the-job leading cadres, retired (retired) cadres part-time examination and approval filing materials;
(eight) no business unit in charge of social organizations responsible for political audit materials;
(9) Other documents and materials.
Members’ congresses are also held, including the Measures for the Generation of Representatives of Members of Social Organizations; Involving the revision of the articles of association, it also includes the Articles of Association (Draft) and the Comparison Table of the Old and New Articles of Association.
Chapter XII Advance or Postpone the Transition
Article 57 If a social organization needs to advance or postpone the general election due to special circumstances, it shall report the minutes of the meeting and the application for advancing or postponing the general election approved by the board of directors to the competent business unit for approval, and then report it to the registration authority for the record.
Social organizations without competent business units shall be reported to the registration authority for the record after being approved by the leading organs of Party building.
The longest term of advance or extension is no more than 1 year.
Fifty-eighth social organizations can not be normal general election, should be established under the guidance of the competent business unit general election committee for general election. When necessary, the competent business unit may select staff as members of the general election committee to supervise and guide them to complete the general election.
If a social organization without a competent business unit cannot hold a general election normally, it shall set up a general election committee to hold a general election under the guidance of the leading organs of Party building and the registration administration organs. When necessary, the leading organs of Party building and the registration authority may select staff members as members of the general election committee to supervise and guide them to complete the general election.
Chapter XIII Supplementary Provisions
Article 59 If the term of office of the Council of a social organization expires, it fails to change the term on time and fails to perform the extension procedure, the annual inspection conclusion of that year is basically qualified. If the general election of social organizations does not meet the procedural requirements, the competent business unit and the registration administration organ put forward rectification requirements, and refused to accept them, administrative punishment shall be imposed in accordance with the provisions of the Regulations on the Administration of Registration of Social Organizations. The implementation of these guidelines by social organizations in the process of transition is an important reference for the evaluation of social organizations, and it is included in the credit information management system of social organizations in accordance with the provisions of the Measures for the Administration of Credit Information of Social Organizations.
Article 60 The Beijing Municipal Bureau of Civil Affairs shall be responsible for the interpretation of these Guidelines.
Article 61 These Guidelines shall come into force as of the date of promulgation. The original "Rules for the General Election of Social Organizations in Beijing (Trial)" shall be abolished immediately.
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