Association Regulation
Chapter I General Provisions
Article 1:
This Association's name is Chinese Association on Tobacco Control. Its abbreviation in English is: CATC.
Article 2:
This Association's a national social body, academic and non-profit in nature, organized on a voluntary basis by personage and organizations of all sectors engaged voluntarily in tobacco control activities.
Article 3:
This Association's objective is to unite extensively with local tobacco control organizations and voluntary workers of all sectors for participating and promoting the national tobacco control activities and the implement of FCTC in China. It shall abide by the constitution, law, legislation and policy of this country, and shall follow all standards of social morals and ethics.
Article 4:
This Association is under the professional guidance, and supervision and management of the Ministry of Health and the Ministry of Civil Affairs.
Article 5:
The headquarters of this Association is in Beijing.
Chapter II Work Scope
Article 6
This Association’s working scope:
(1) To collect all information related to tobacco within and outside the country; be aware of the tobacco industry activities and to provide the government with advisory services for their formulation of policies;
(2) To enhance the affiliation and cooperation with the local tobacco control associations and to promote the compliance process;
(3) To organize and coordinate the mass media to give wide publicity to the danger of tobacco by reporting tobacco control activities;
(4) To cooperate with departments concerned in the organization of social survey and scientific research on subjects relating to cigarette smoking and health;
(5) To organize and enhance the affiliation, cooperation, research and academic exchange activities with all kind of international organizations on tobacco control;
(6) To edit and publish academic journals, books, information materials and audio-visual products accordance with the relevant laws and regulations; and
(7) To undertake other work commissioned by the government
Chapter III Membership
Article 7
This Association has its group members (institution members) and individual members.
Article 8
Applicant to this Association must posses the following qualifications, that
(1) the applicant must accept the Association Regulation;
(2) the applicant must poses the will of joining this Association as a member;
(3) the applicant must posses certain influence in the fields of work (sectors and/or disciplines); and
(4) the applicant must be willing to do voluntary work on tobacco control.
Article 9
The procedure for application to become members is:
(1) submission of application;
(2) discussion for approval by the Council of this Association; and
(3) to grant with a membership certificate by the Council of this Association.
Article 10
Members are entitled to the following rights:
(1) to vote, to elect and to be elected at sessions of this association;
(2) to take part in activities developed by this Association;
(3) to receive services of this Association in preferential terms;
(4) to raise criticisms and suggestions and to exercise supervision over activities of this Association; and
(5) to join or to ask for withdrawal from this Association on a voluntary basis.
Article 11
Members shall fulfill the following obligations:
(1) to carry out decisions of this Association;
(2) to uphold legal rights and interests of this Association;
(3) to fulfill all work assigned by this Association;
(4) to pay membership fees as so decided; and
(5) to provide relevant information and material for this Association.
Article 12
Members asking for withdrawal shall return his/her membership certificate after informing this association in writing of his/her wish. If members fail to submit membership fee or participate in related activities for three years, their membership will be withdrawn automatically.
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Article 13
Member, whose behavior violates severely the provisions in this regulation, shall be expelled from this Association after approval through voting at meetings of the Council of this Association, or of the Executive Council of this Association.
Chapter IV Organization Structure and Election and Recall of Responsible Persons
Article 14
The highest authoritative body of this Association is its Plenary with the following functions:
(1) formulation and revision of this Regulation;
(2) Election and recall of Council Members;
(3) Review of working reports and financial statements submitted by the Council of this Association;
(4) Making decisions relating to the termination of this Association; and
(5) Making decisions on other matters of major importance.
Article 15
The plenary shall be convened at the presence of 2/3 of this members, and its decision becomes valid by simple majority vote of members participating and taking the vote.
Article 16
The Plenary shall meet every 5 years. Under special conditions, it may meet before and after its due date subject to the approval through voting at meetings of the Council of this Association, and submission for review by competent authorities and approval by authorities in charge of the registration and management of social voluntary bodies. However, the length for postponement shall not exceed 1 year whatsoever.
Article 17
The Council of this Association is the executive body under the Plenary. When the Plenary is not in session, the Council takes charges of the regular activities of this Association and holds itself responsible to the Plenary.
Article 18
The Functions of the Council are as follows:
(1) to carry our decisions of the Plenary;
(2) to elect and/or, to recall the President, Vice-President, and/or the Secretary general;
(3) to make preparations for the convening of the Plenary;
(4) to report to the Plenary on its work and financial operation;
(5) to decide the acceptance and expulsion of its members;
(6) to decide the establishment of other executive bodies, branch bodies, representative bodies and other entities;
(7) to decide on appointment of Deputy Secretaries General and other major responsible persons of all attached bodies;
(8) to lead the working operation of all departments of this Association;
(9) to formulate internal managerial working procedures; and
(10)to make decisions on other matters of major importance.
Article 19
Meetings of the Council shall be convened with the presence of over 2/3 of its members and its decision becomes valid by simple majority vote of its members participating and taking the vote.
Article 20
The Council shall meet at least once a year; and in case of needs it may be convened in the form of correspondence.
Article 21
This Association has its Executive Council, which is established through voting at meetings of the Council. When the Council is not in session, the Executive Council exercises the rights of the Council as specified clauses (1), (2), (5), (6), (7), (8), and (9) under Article 18. The Executive Council shall hold itself responsible to the Council. (The number of Executive Council members shall not exceed 1/3 of that the council).
Article 22
Meetings of the Executive Council shall be convened at the presence of 2/3 of its members, and its decision becomes valid by 2/3 majority of its members present.
Article 23
The Executive Council shall meet at least once every 6 months. Incase of needs, it can be convened in the form of correspondence.
Article 24
President, Vice-president and Secretary General of this Association must posses the following qualifications:
(1) They must be good in their perseverance of lines, principles and policies of the Chinese Communist Party, and must be good in their political quality;
(2) They must be with certain influence in areas activities developed b this Association;
(3) The maximum age limit for their posts is 70; and the post fir the Secretary General is on a full time basis;
(4) They must be healthy enough to perform their assigned functions;
(5) They must not have a police record and have ever been denied of political rights; and
(6) They must be in dull civil capacity.
Article 25
In case the President, any of the Vice-presidents, and/or the Secretary General goes beyond the maximum age limit, they can only take office upon the consent, through vote, by members of the Council, and upon the review by competent authorities, and the approval by competent authorities in charge of the registration and management of social bodies.
Article 26
The tenure of President, Vice-presidents, and Secretary General is 5 years for each session (and shall not exceed 2 sessions). Any prolongation of tenure under special needs can only be made upon the consent by a 2/3 majority vote by members of the Council, and after the review by competent authorities and approval by competent authorities in charge of the registration and management of social voluntary bodies.
Article 27
The Secretary General acts as the Legal Person for this Association, and shall not act as the legal person for any other bodies.
Article 28
The President of this Association is with the following functions:
(1) to convene and preside over meetings of the Council and of the Executive Council;
(2) to inspect the preparatory activities for he Plenary, meetings of the Council and those of the Executive Council; and
(3) to sign on documents on behalf of this Association.
Article 29
The Secretary General of this Association is with the following functions:
(1) to take charge of daily routine work of this Association, and to organize the implementation of its annual working plan;
(2) to coordinate efforts of its subordinate executive bodies, branch bodies, representative bodies, and other entities for the development of its activities;
(3) to nominate candidates for the posts of major responsible persons of its subordinate executive bodies, branch bodies, representative bodies, and other entities and to submit the nominations to the Council, or, the Executive Council for approval;
(4) to decide upon the nomination of all full-time posts for all subordinate executive bodies, branch bodies, representative bodies, and other entities; and
(5) to take care of any other daily activities.
Chapter V Management and Use of Capital Fund
Article 30
Funding sources of this Association are as follows:
(1) membership fees;
(2) donations;
(3) funding assistance from the government;
(4) incomes from activities or services developed within the work scope of this Association;
(5) bank interest; and
(6) other legal income.
(7) international programs on tobacco control
Article 31
This Association collects its membership fees following relevant regulations specified by the state.
Article 32
Capital fund of this Association must be spent for the carrying out of its activities as specified in this Regulation, and must not be distributed among members.
Article 33
A strict financial management system shall be established by the Association to ensure the legality, authenticity, accuracy and completeness of its performances.
Article 34
This Association is staffed with its accountants professionally and they must not act as cashiers at the same time. Recruited accounts shall undertake basic accounts subject to fiscal supervision. Upon job transfer, or, termination of office of the accountants, the hand-over procedure must be observed between the outgoing accountants and the in-coming ones.
Article 35
Management of capital fund of this Association must be done in conformity with the financial management system formulated by the state, and subject to the supervision of the Plenary of this Association and financial department, handling of capital funds from the state budgetary appropriation, donations and contribution from society shall receive supervision by auditing departments, and shall be made public in a way deemed appropriate.
Article 36
Prior to the shift of each session, or, change of the Legal Person, financial auditing practice must be done by competent authorities and competent authorities in charge of the registration and management of social voluntary bodies.
Article 37
Capital fund of this Association must not be embezzled, shared in private, and/or, diverted to any other purpose by any bodies or individuals.
Article 38
Salaries, insurance and welfare coverage for regular staff of this Association are to be decided upon by taking into account of relevant regulations formulated by the state governing that of an institution.
Chapter VI Revision of the this Regulation
Article 39
Revision of this Regulation must be submitted for approval by the Plenary after its consent reached by the Council through voting.
Article 40
The revised version of the Regulation can only become valid after its submission, within 15 days after its approval at the Plenary, to competent authorities for review and for approval by competent authorities in charge of the registration and management of social voluntary bodies.
Chapter VII Termination of this Association and Disposal of its Assets and Funds
Article 41
The Executive Council is to put forward a proposal for the termination of this Association if this Association has fulfilled its mission or has had to terminate due to other reasons such as separation of job responsibilities of this Association and mergers.
Article 42
Proposal for termination of this Association must be approved by the Plenary and reviewed and agreed to by authorities in charge.
Article 43
Before the termination of this Association, a Special body must be set up to clear up all debts, under the supervision of authorities in charge. During such periods, no other activities shall be carried out.
Article 44
This Association shall be considered terminated after this Association gets its registration canceled at the competent authorities in charge of the registration and management of social voluntary bodies.
Article 45
Under the supervision of competent authorities and the competent authorities in charge of the registration and management of social voluntary bodies, the surplus capital fund left over after the termination of this Association is to be used, following relevant regulations of the state, for the development of activities relevant to that of this Association.
Chapter VIII Supplementary Provisions
Article 46
This Regulation was adopted by voting at the Fourth Executive Council Meeting on October, 12th, 2009.
Article 47
The right of interpretation of this Regulation rests on the Council of this Association.
Article 48
This Regulation becomes valid upon the date approval by competent authorities for the registration and management of social voluntary bodies.