Provisions on Administrative Law-Enforcement Admonishment Meetings by Registration Management Organs for Social Organizations (Provisional)
Article 1: These Provisions are drafted on the basis of the "Regulations on the Registration and Management of Social Groups ", "Regulations on the Registration and Management of Foundations", and the Provisional Regulations on the Registration and Management of Civil Non-enterprise units, so as to strengthen oversight of social organizations both before and after the fact, to elevate the efficacy of administrative oversight, and to promote the healthy and orderly development of social organizations.
Article 2: The registration management organs for social organizations have an admonishment meeting with the responsible party at social organizations where conduct in violation of laws or regulations occurs, may point out issues, submit corrective opinions, and urge the social organizations to promptly correct the unlawful or violative conduct.
Article 3: Admonishment meetings shall comply with the principles of lawfulness, reasonableness, timeliness, and effectiveness.
Article 4: The responsible parties mentioned in these Provisions are social organizations' director general (committee chair), deputy director general (deputy chair), and secretary general (Dean, School President and so forth).
Where the persons mentioned in the preceding paragraph cannot participate in the admonishment meeting as scheduled for some reason, the social organization shall explain the situation in writing to the registration management organ, and upon the consent of the registration management organ, may change the time for the admonishment meeting.
Article 5: Where a single case involves multiple social organizations, they may be spoken with individually, and may also be spoken with as a group.
Article 6: Registration management organs shall draft a "Notification for Admonishment Meeting" informing social organizations of the time, location, matter, participants, and so forth, for admonishment meetings. Where the situation is urgent, they may notify social organizations by phone.
Article 7: When registration management organs conduct admonishment meetings, they shall have at least two law-enforcement personnel participate, and present their law-enforcement identification documents. When necessary, they may invite the professional supervisory unit, competent department for the industry, or other functional units, to participate.
Article 8: Admonishment meetings are conducted in accordance with the following procedures:
(1) law-enforcement personnel present their identification, clearly state their identities, and verify the identify of the person subject to the admonishment meeting;
(2) The law-enforcement personnel give notice of the purpose of the admonishment meeting, and matters that should be paid attention to;
(3) Law-enforcement personnel point out the unlawful or violative conduct of the social organization, and inform them of relevant provisions of laws, regulations, and policies.
(4) The subject of the admonishment makes statements regarding the content of item (3) of this article.
(5) The law-enforcement personnel issue a corrective opinion, and where the unlawful or violative conduct has not yet stopped, they are to request it stop immediately.
Article 9: Where the subject of the admonishment meeting accepts the corrective opinion, they shall make assurances of corrections, and where they do not accept it, the admonishment meeting procedure concludes.
Article 10: Registration management organs may make audio or video recordings of the admonishment meeting procedures as needed.
Article 11: Registration management organs shall make a record of the admonishment meeting, and it is to be signed or sealed by the law-enforcement personnel and the subject of the admonishment meeting after the admonishment meeting concludes. Where the subject of the admonishment meeting refuses to sign or seal, the law-enforcement personnel are to note this on the admonishment meeting record.
Article 12: Registration management organs shall follow-up with social organizations that have made assurances of corrections, and inspect the circumstances of the corrections.
Article 13: Registration management organs may make public the subjects of admonishment meetings, the subject matter of the meetings, situations such as assurances to make corrections; as well as the list of social organizations not accepting admonishment meetings.
Article 14: Where social organizations' unlawful or violative conduct constitutes a circumstance for administrative punishment; the registration management organs must not use admonishment meetings as a substitute for administrative punishment.
Article 15: Where the subjects of admonishment meetings do not accept the meeting without legitimate reason, do not accept the corrective opinion or do not implement a promise of corrections, the registration management organs shall promptly initiate other law-enforcement procedures, and make the circumstances described above a reference for work such as annual inspections, level assessments, credit appraisals, procurement of services, and tax benefits.