Ministry of Civil Affairs, Central Social Work Department, Ministry of Agriculture and Rural Affairs, State Administration for Market Regulation, All China Federation of Industry and Commerce: Opinions on Strengthening the Standardization Construction of Social Organizations and Promoting the High quality Development of Social Organizations

Minfa [2024] No. 43

To the Civil Affairs Department (Bureau), Party Committee Social Work Department, Agriculture and Rural (Agriculture and Animal Husbandry) Department (Bureau, Committee), Market Supervision Bureau (Department, Committee), Federation of Industry and Commerce of all provinces, autonomous regions, and municipalities directly under the central government, as well as the Civil Affairs Bureau, Party Committee Social Work Department, Agriculture and Rural Bureau, Market Supervision Bureau, and Federation of Industry and Commerce of Xinjiang Production and Construction Corps:

In order to thoroughly implement the decision-making arrangements of the Party Central Committee and the State Council on strengthening the construction and management of social organizations, and to address the prominent problems of current social groups, foundations, and social service institutions, and to promote the high-quality development of social organizations through standardized construction, the following opinions are proposed.

1、 Overall requirements

Under the guidance of Xi Jinping's thought of socialism with Chinese characteristics in the new era, we should conscientiously implement the spirit of the 20th CPC National Congress and the second and third Plenary sessions of the 20th CPC Central Committee, and further deepen the reform in the field of social organizations in an all-round way. take a steady road to the development of social organizations with Chinese characteristics. Adhere to and strengthen the party's overall leadership over the work of social organizations, and integrate the party's leadership and party building throughout the entire process of the operation of social organizations. Adhere to integrity and innovation, simultaneous development of innovation, first establishment and then breaking, one hand to actively guide development, the other hand to grasp strict management in accordance with the law, to achieve stability and progress, overall planning, classified guidance. By standardizing registration and review, strengthening management services, carrying out supervision in accordance with the law, and actively encouraging and guiding, efforts should be made to solve the outstanding problems existing in the current social organizations, promote the scale of social organizations to be more appropriate, the structure to be more reasonable, and the governance to be more effective. we will promote the modernization of the national governance system and governance capacity, and make greater contributions to the promotion of Chinese-style modernization.

2、 Strictly register and review in accordance with the law

（1） Implement advance notification prompts. At the stage of applying for the establishment and registration of social organizations, civil affairs departments at all levels should first inform the initiators and donors in writing of the requirements of registration management regulations and policies, with a focus on reminding donors not to retain or enjoy any property rights to the invested property, and that management expenses such as staff salaries and benefits should be reasonable and controlled within the prescribed proportion. The property of social organizations must be used for purposes and business activities that comply with the provisions of the articles of association. When the legal person terminates, the remaining property cannot be distributed to the initiators or donors. If the initiator continues to submit the application after being informed, sign for the advance notice. If the donor is fully aware of the property attributes of the social organization and the legal effects of the donation, and continues to fulfill the donation, they shall sign a donation commitment letter.

（2） Strictly review the selection of responsible personnel. The relevant departments responsible for reviewing the heads of social organizations should refine the requirements for appointment, procedures, etc., prioritize political standards, and strictly review according to the principles of emphasizing politics, upholding beliefs, dedicating oneself, possessing skills, and valuing conduct. For part-time leadership cadres selected by the responsible person, the relevant candidates' performance in part-time approval should be carefully reviewed. Those who fail to submit approval according to the prescribed procedures shall not be selected as responsible person candidates. Social organizations should establish and improve systems for selecting, publicizing, fulfilling, managing, supervising, and withdrawing responsible persons, improve incentive and restraint mechanisms, select politically qualified, representative, experienced, and competent personnel in their respective fields who meet the requirements of job responsibilities as responsible persons, and implement relevant regulations on job avoidance. Social organizations shall carry out democratic elections after fulfilling relevant procedures in accordance with regulations. Before selecting the responsible person, they shall fully explain the relevant information of the candidate to the member (representative) assembly or council, and after selection, they shall go to the civil affairs department to complete the filing procedures as required.

（3） Guide social organizations to focus on their main responsibilities and businesses. The civil affairs department, together with the competent business units and industry management departments, shall strengthen the name review and business scope approval of social organizations in accordance with the principles of clarity, clarity, and focus on their main business when applying for establishment registration, name change, and articles of association approval. If it is found in daily supervision, annual inspection reports, spot checks and audits, law enforcement supervision, level evaluation, public opinion monitoring and other work that social organizations carry out activities beyond their purpose and business scope, the civil affairs department shall handle them in accordance with the law in conjunction with relevant departments.

3、 Strengthen the self construction of social organizations

（4） Strengthen the functional role of internal institutions. Social organizations should refine the powers, rules of procedure, and performance requirements of internal institutions such as member (representative) conferences, councils, and supervisors (boards) in accordance with laws, policies, and articles of association, and establish and implement a system for reporting the work of main responsible persons and legal representatives. The general meeting of members (representatives) and the board of directors shall conduct democratic elections, democratic decision-making, and democratic management, implement equal voting by one person, one vote, and the last position of the chairman (president) shall be taken into account. Different opinions shall be recorded. Matters related to personnel, finances, materials, and activities of social organizations that are decided by the general meeting of members (representatives) or the board of directors in accordance with regulations shall not be decided solely by individuals or by the chairman (president) office or other representatives. Supervisors should faithfully and diligently fulfill their duties, and strengthen supervision over the behavior of responsible persons, directors, and financial management personnel. The business supervisory unit promotes the establishment and improvement of internal institutional operation systems for social organizations, and guides the resolution of internal governance issues.

（5） Strengthen the management of branch (representative) institutions. Social organizations and foundations should make prudent decisions to establish branch (representative) offices, fully demonstrate the necessity and feasibility of their establishment, and ensure that they are in line with their own purposes and business scope, as well as their management service capabilities and work needs. To establish and improve the management system of branch (representative) institutions, strengthen the review and supervision of branch (representative) institution names, responsible persons, staff, projects, activities, finances, and other matters. It is not allowed to entrust branch (representative) institutions to other organizations or individuals for operation, and it is not allowed to collect or indirectly collect management fees through the establishment of branch (representative) institutions. The legal responsibility arising from the activities of branch (representative) institutions shall be borne by the social organization or foundation that established the institution; Cooperation activities with other civil entities must be authorized or approved by the social organization or foundation that established the institution.

（6） Strengthen financial management. Social organizations should strictly implement the Accounting Law of the People's Republic of China, the Accounting System for Non Profit Organizations, and other regulations, and effectively utilize and standardize the management of assets in accordance with the requirements of non-profit legal persons. We should establish an internal financial and accounting supervision mechanism and internal control system with clear responsibilities and strong constraints based on our own reality, clarify the subject, scope, procedures, responsibilities, etc. of internal supervision, and implement the main responsibility of internal financial and accounting supervision. Regularly report financial income and expenditure to the general meeting of members (representatives), the board of directors, the supervisory board, etc. Leaders, directors, supervisors, major donors, and other individuals of social organizations who have a controlling relationship or can exert significant influence over their trading partners should proactively report and recuse themselves from voting in accordance with regulations. Relevant transaction information should be truthfully disclosed in accordance with the law.

（7） Establish a sound internal dispute resolution mechanism. Social organizations should establish internal dispute resolution mechanisms and properly resolve internal conflicts and disputes in accordance with laws and regulations. Social organizations should ensure the safekeeping of archival materials, establish and improve internal management systems for certificates, seals, archives, documents, etc., and resolve conflicts and disputes through consultation and consultation of original archives. The chairman (president) should fully coordinate all parties, organize meetings in a timely manner, and promote the achievement of consensus; If the chairman (president) is unable to perform his duties normally, he/she may elect a person in charge to convene a meeting according to the procedures stipulated in the articles of association. If internal conflicts and disputes cannot be resolved through negotiation, they can be resolved in accordance with the law through mediation, judicial procedures, and other means.

4、 Strengthen management and supervision

（8） Establish and improve the reporting system for major issues. The business supervisory unit shall establish and improve a dual management system for reporting major issues of social organizations, clarify the procedures, details, and management requirements for social organizations to report, and include important personnel changes, important meetings and activities, establishment of branch (representative) offices, large fund inflows and outflows, external exchanges, and receiving or conducting overseas donations and subsidies in the scope of the report. The industry management department will increase business guidance and industry supervision for industry associations, chambers of commerce, and directly registered social organizations that have been decoupled from their respective fields through the development of a list of guidance and supervision items. The civil affairs department guides social organizations to establish an activity impact assessment mechanism, and reports important issues that may cause social risks to relevant government departments in advance.

（9） Improve the quality of annual inspection and report work. The civil affairs department urges social organizations to truthfully fill in their annual work reports and financial accounting reports, and submit them as required after collective research. The civil affairs department further improves the annual inspection work system, refines the annual inspection review standards, strengthens the management and supervision of social organization leaders who exceed their age and term of office, strengthens the analysis and application of annual inspection results and problems found in annual reports, and provides feedback on prominent issues of social organizations to business supervisory units, industry management departments, social work departments, etc. as appropriate; For the problems found in the annual inspection report, hierarchical supervision tools such as reminders and reminders, interviews with responsible persons, issuance of rectification documents, and administrative penalties are used to urge rectification; Based on annual inspection reports and other work, summarize basic information of social organizations, establish and improve social organization work archives, strengthen information sharing and application of achievements.

（10） Standardize the fees charged by social organizations. Market supervision, civil affairs and other departments continue to guide industry associations, chambers of commerce and other social organizations to regulate their charging behavior. Based on the principles of legal compliance, openness, transparency, equality and voluntary participation, reasonable charging standards are formulated taking into account factors such as service costs, member operating conditions, affordability, and industry development level. Information on charging items, nature, service content, charging standards and basis is promptly disclosed. For behaviors such as mandatory membership and fees, illegal fees charged through legal responsibilities and administrative agency delegation or authorization, fees charged through evaluation and recognition activities, illegal fees charged through professional qualification recognition, illegal fees charged through training or evaluation certification, and only charging without service, they shall be dealt with seriously in accordance with the law and regulations.

（11） Strengthen comprehensive supervision and management. The civil affairs department shall strengthen the registration review, supervision and management, and law enforcement inspection of social organizations in accordance with the law. The business supervisory unit shall, in accordance with relevant regulations, effectively assume corresponding supervisory and management responsibilities for the social organizations under its supervision. The industry management department will incorporate social organizations into industry management, strengthen business guidance and industry supervision. Audit institutions shall conduct audit supervision on the financial funds, state-owned assets, and other public funds entrusted by the government obtained by social organizations in accordance with the law. Relevant functional departments shall, in accordance with relevant laws and regulations, fulfill their regulatory responsibilities for the service behavior and business activities of social organizations according to their respective functions, and implement effective supervision.

（12） Innovative supervision and management methods. The civil affairs department should establish and make good use of basic platforms such as the social organization legal person database, social organization credit information management platform, and Charity China, promote the refinement and classification of social organizations, establish and improve big data assisted decision-making and early warning mechanisms, and fully utilize digital technology to strengthen online and offline integrated supervision and intelligent supervision. Promote information sharing and sharing among departments, improve the linkage mechanism between administrative law enforcement, disciplinary inspection and supervision, and criminal justice of social organizations, and strengthen the accountability and investigation of relevant personnel. Strengthen the construction of the credit system for social organizations, and cooperate with relevant departments to take corresponding incentive and disciplinary measures based on their respective functions and social organization credit information, with a focus on promoting joint punishment of dishonest social organizations. Encourage all sectors to carry out social supervision, increase the exposure of typical cases of social organizations, and carry out warning education through methods such as interpreting laws through cases.

5、 Actively guiding development

（13） Strengthen policy guarantees. Establish a sound management system for social organizations, accelerate the formulation of laws and regulations for social organizations in key areas, and encourage local civil affairs departments to take the lead and innovate systems according to local conditions. Give full play to the role of mainstream media, expand online publicity channels, regularly organize training on regulations and policies, and promote the popularization of regulations and policies. Implement institutional arrangements for social organizations to undertake government procurement of services, tax incentives, talent work, etc., and support social organizations to enjoy relevant preferential treatment in accordance with regulations.

（14） Promote construction through evaluation. The civil affairs department actively improves the evaluation indicators for social organization levels, strengthens the construction of evaluation teams, mobilizes social organizations to actively participate in evaluations, promotes the use of evaluation results in social organizations undertaking government transfer functions, purchasing services, and participating in evaluations, and continuously increases the proportion of social organizations participating in evaluations. Organize and implement industry standards in the field of social organizations, and strengthen the capacity building of social organizations. Guide social organizations to continuously improve management systems, standardize internal governance, and enhance service capabilities.

（15） Promote brand building. The civil affairs department guides social organizations to establish brand awareness, carry out specialized, differentiated, and personalized characteristic services based on their articles of association, business scope, and own expertise, and build competitive service brands. Strengthen education and training for social organizations, actively carry out activities such as building a case library of advanced social organizations and promoting typical examples, carry out commendation and reward work in accordance with relevant national regulations, do a good job in promoting brand social organizations, and play a demonstrative and driving role.

（16） Highlight distinctive advantages. The civil affairs department actively promotes social organizations to continuously improve their professional level and service capabilities, leverage their own characteristic advantages, identify the integration and focus points of serving the overall situation and grassroots, actively serve scientific and technological innovation, promote the accelerated development of new quality productive forces, introduce high-level talents from around the world, and better serve basic livelihood security, grassroots social governance, and basic social services. Agriculture, rural areas, civil affairs and other departments guide social organizations to leverage their advantages in industry, technology, talent and other aspects to serve rural revitalization, actively participate in rural industrial development, rural construction, and rural governance; Relying on mechanisms such as cooperation between the East and the West and targeted assistance, we encourage various social organizations to serve rural development in poverty-stricken areas through personnel deployment, financial support, and resource integration.

6、 Strengthen organizational leadership

（17） Adhere to the guidance of Party building. Intensify efforts to establish party organizations in social organizations, and expand the effective coverage of party organizations and party work. Establish and improve the system and mechanism for party organizations to participate in major decision-making of social organizations, and develop a list of party organizations' participation in decision-making matters based on actual conditions. Enhance the political and organizational functions of party organizations, fully leverage their political leadership role, educate and manage party members, lead and serve the masses, and promote the development of the cause.

（18） Strengthen departmental collaboration. Departments and units at all levels, including civil affairs, social work, agriculture and rural areas, market supervision, and the Federation of Industry and Commerce, should actively work together with relevant functional departments to implement various tasks according to their respective responsibilities, strengthen coordination and cooperation, and enhance work synergy. The civil affairs department should combine the implementation of the special action plan for the standardization of social organizations, play a comprehensive coordinating role, supervise and implement it, and ensure effective results.

Ministry of Civil Affairs

Central Department of Social Work

Ministry of agriculture and rural affairs

the State Administration for Market Regulation

All China Federation of Industry and Commerce

September 25, 2024