Chapter 1 General Principles
Article 1 The official name of the social entity is Beijing Cooperation Association on Haze Prevention and Control (HPCA).
Article 2 Under the support of relevant enterprises and institutions, academic organizations and individuals devoted to advancing social development and coordinated development between man and nature, HPCA, a non-profit social organization, is established after the permission of the governing body of social entities registration and management of theBeijingMunicipality. It is committed to maintaining ecological and environmental coordinated development and promoting commercial cooperation and technical exchanges in pollution prevention and control.
Article 3 Purposes of the entity
Based on the constitution, laws and regulations as well as national policies of the People’s Republic of China, the entity is dedicated to establishing a self-discipline management mechanism, vigorously promoting cooperation and exchanges in haze prevention and control and encouraging harmonious co-existence among economic development, human health and social progress so as to realize the goal of mobilizing the participation of governments, enterprises, scientific and research institutions, universities and social organizations to nurture a clean living environment for all people.
Article 4 The entity is under the supervision of the Beijing Municipal Commission of Commerce and theBeijingMunicipal Bureau of Civil Affairs—an organization governing the registration and management of social entities.
Article 5 Working place:BeijingMunicipality
Chapter 2 Scope of service
Article 6 Scope of service of the entity
A. Work with relevant government authorities to mobilize the participation of enterprises and people of all social sectors in combating air pollution and environmental problems, advancing cooperation and exchanges in pollution prevention and control, establishing a platform to share national policies and information with the society and putting in place a haze prevention and control data base and evaluation standards system for enterprises.
B. Conduct researches in innovation technologies and products related to pollution prevention and treatment, carry out relevant action plans at the national and the municipal level, upgrade technical skills and product quality, promote commercial exchanges and cooperation; nurture talents in exchanges and cooperation on haze prevention and control, organize lectures and launch training campaigns in relevant fields.
C. Advance R&D, exchanges and cooperation as well as application in haze prevention and control and launch cooperation programs; establish a mechanism for intellectual property rights sharing and prioritized approval of relevant patented technology; put in place a system of application of technologies and products; provide consulting services concerning standards design, evaluation of scientific and technical fruits and cooperation and exchanges on trading of intellectual property rights.
D. Establish the funding channel for social capital, attract investment in related technologies and products, promote cooperation in R&D, products manufacturing, application and financing, carry out researches, launch inspection tours and hold consultation conferences and relevant exhibition activities.
E. Let the voice of enterprises heard by the government so as to provide guidance for policies and programs designing at the national and municipal level, establish the think tank for haze prevention and control cooperation, support development of enterprises members and participate in the editing of publications in relevant fields.
F. Enhance social responsibility of enterprises and individuals in haze prevention and control by holding NSUH cooperation forums and establishing mechanisms on knowledge sharing, experience exchanges and promotion of positive results.
G. Take charge of relevant works delegated by the government to social organizations.
H. Engage in relevant activities favorable to improvement of environment and international cooperation.
Chapter 3 Membership
Article 7 The entity consists of enterprises and individual members.
Article 8 Requirements for membership of the entity
A. The member should abide by the charter of the entity;
B. The member is willing to be part of the entity;
C. The member has certain influence in the industry or relevant fields;
D. The member is willing to support and coordinate all the works of the entity, has great social responsibility, and has made great contribution to the development of haze prevention and control cooperation and exchanges.
Article 9 Procedures for membership application
A. The applicant should submit the membership application document;
B. The document should be discussed at the Consultative Council;
C. The document ought to be passed by the Standing Council while the Council is not in session;
D. The certificate of membership is presented by the Consultative Council or authorized organization of the Consultative Council.
Article 10 Rights of members
A. Right to elect, be elected and vote;
B. Right to participate in activities of the entity;
C. Prioritized right to enjoy services provided by the entity;
D. Right to criticize, make suggestions and supervision;
E. Freedom to be enrolled in the entity or remove the membership;
Article 11 Obligations of members
A. Members should abide by the resolution of the entity;
B. Members ought to safeguard the legitimate rights and interests of the entity;
C. Members ought to complete the works delegated by the entity;
D. Members should pay the membership dues;
E. Members ought to provide suggestions to the entity.
Article 12 Members should submit a written notice to the entity and return the membership certificate after opting out. Those, who do not pay membership dues or attend activities of the entity within 1 year will be removed from the membership automatically.
Article 13 Members with severe violations of the Charter, will be removed from the membership after approval of the Consultative Council and the Standing Council.
Chapter 4 Organization Structures
Article 14 The Congress of Representatives of Members enjoys the highest authority. Its functions include:
A. Formulate and revise the charter;
B. Elect and remove members of the Consultative Council from the post;
C. Review and discuss the working and fiscal report of the Consultative Council;
D. Formulate and revise membership dues standards;
E. Make decisions on approval and termination of issues;
F. Make decisions on other issues.
Article 15 The Congress of Representatives of Members can only be held with the approval of two thirds of members’ representatives. The resolution can only be made effective with half of members’ representatives’ approval.
Article 16 The Congress of Representatives of Members will be held for every four years. Within 30 days before the holding of the congress, preparation materials of the congress should be submitted to supervising institutions and social entities registration and management authorities as required. Conference minutes and relevant materials should be presented to the supervising authorities and follow registration procedures. For change of the term of the consultative conference prior to or after the pre-set time, approval of the Consultative Council, examination of the supervising entity and permission of social entities registration and management organization are needed. The maximum delay period for change of term should be 1 year.
Article 17 The Consultative Council is the executive organ of the Congress of the Members’ Representatives. While the Congress is not in session, the Council is in charge of the daily routines of the entity and should be responsible for the Congress.
Article 18 Duties of the Consultative Council:
A. Carry out the resolution of the Congress of Members’ Representatives;
B. Elect and remove President, Vice President, Secretary General and Executive Member of the Consultative Council from office;
C. Make preparations for the holding of the Congress of Members’ Representatives;
D. Report to the Congress of Members’ Representatives on issues related to work and fiscal conditions;
E. Make decisions on the admission or removal of membership;
F. Make decisions on the establishment of administrative bodies, branches, representing entities and physical entities;
G. Make decisions on the appointment of Deputy Secretary General and personnel in charge;
H. Make decisions on the appointment of Deputy Secretary General and main personnel in charge;
I. Take a leading role in the works of all organizations;
J. Formulate interior management system;
K. Receive suggestions on violations of discipline provided by the supervisory board of the entity, provide solutions and receive supervision;
L. Make decisions on other major issues.
Article 19 The Conference of the Consultative Council can only be held with the attendance of two thirds of members and resolutions of the council can only be made effective with approval of two thirds of members attending the conference.
Article 20 The Conference of the Consultative Council should be held at least once within one year. Teleconference can also be held if special situations arises.
Article21 AStanding Council is set up in the entity. The Standing Council, elected by the Consultative Council, should exercise the duties set out in A. C. D. E. F. G. H. of Article 18 while the Consultative Council is not in session and is responsible for the Consultative Council (the proportion of people in the Standing Committee should be no more than one third of the Consultative Council).
Article 22 The Standing Council can only be held when two thirds of its members are present and the resolution can only be made effective with the approval of two thirds of the members present.
Article 23 The Conference of the Standing Council should be held at least once within half a year; Teleconference can also be held if special situations arises.
Article 24 President, Vice President and Secretary General of the entity should meet the following requirements:
A． Abide by the rules and policies of the Party;
B． Have huge influence in relevant fields;
C． For President and Vice President of the entity, he or she should be no more than 70 years old;
D． For Secretary General of the entity, he or she should be no more than 65 years old and is not allowed to take other position;
E． Be physically capable of completing daily work;
F． Have no record of criminal punishment including deprivation of political rights;
G． Have full capacity for civil conduct.
Article 25 Secretary General is the legal representative of the entity and can take the position after the permission of the governing body and social entities registration and management bodies. The legal representative is not allowed to take similar positions in other entities and should represent the entity to sign important documents. The representative should serve no more than two-year terms. For a delay of exchange of terms, the resolution can only be passed with approval of more than two thirds of members’ representatives. The person can only continue his or her term after the permission of the governing body and social entities registration and management entity.
Article 26 The President of the entity should exercise the following duties:
A. Hold and chair conferences of the Consultative Council and Standing Council;
B. Supervise implementation of resolutions of the conference of members’ representatives, Consultative Council and Standing Council.
Article 27 The Secretary General of the entity ought to exercise the following duties:
A. Take a leading role in daily routine works of the entity and implementation of the annual working plan;
B. Coordinate the works of all branches, representing organs and physical entities;
C. Nominate Deputy Secretary General and persons in charge of all branches, representing organs and physical entities and present nominees to the Consultative Council or Standing Council;
D. Make decisions on the hiring of personnel in all branches, representing organs and physical entities;
E. Deal with other daily routines.
Article 28 Supervisory Board
There will be 1 Director of the Supervisory Board in the entity. It should be elected by the Congress of Members’ Representatives and is responsible for the Congress. Its main responsibilities include:
A. Elect the Supervisory Board;
B. Attend the Congress of the Members’ Representatives (or Standing Council);
C. Supervise works of the leaders of the entity according to the Regulation, laws and regulations;
D. Supervise activities by leaders of the entity based on the Charter, scope of service and interior management activities;
E. Supervise violations of discipline and damage of reputations of the entity by members;
F. Supervise the fiscal conditions of the entity;
G. Provide suggestions to address violations of discipline and submit the suggestions to the Standing Council and supervise the execution.
Chapter 5 Asset Management
Article 29 Funding channels of the entity;
A. Membership dues;
C. Government funding;
D. Profits from relevant activities within the scope of business;
E. Interest rates;
F. Other lawful incomes.
Article 30 The entity charges membership dues based on the standards formulated at the Congress of Members’ Representatives.
Article 31 Entity budget ought to be used in fields within the scope of services and cannot be shared among members.
Article32 Astrict fiscal management system is established in the entity to ensure accounting documents are lawful, real and complete;
Article 33 The entity has accountants with professional qualifications. One cannot take both the position of Cashier and Accountant. Accountants should do financial accountings and carry out accounting supervision. Accountants should follow handing-over procedures before he or she leave the position.
Article 34 Asset management of the entity should follow the national fiscal management system regulations and receive the supervision of the Congress of Members’ Representatives and financial sector. National or social donations should receive the supervision of the auditing body and be made public as required.
Article 35 Prior to change of terms or legal representatives, the entity shall face financial auditing by the governing body and social entities registration and management organs.
Article 36 All assets of the entity shall not be embezzled and shared secretly by individuals or any organs.
Article 37 Wages, insurance and social benefits of employees of the entity shall be set based on relevant national regulations.
Chapter 6 Termination procedures
Article38 Atermination resolution shall be proposed by the Consultative Council or Standing Council if the entity need to be dissolved or be cancelled due to merger and acquisition or other reasons.
Article 39 The termination resolution cannot be passed without the approval of the Congress of the Members’ Representatives and shall be permitted by the governing body.
Article 40 Prior to termination of the entity, a liquidation organization should be established under the guidance of governing body and relevant organs to settle claims and debts. During the liquidation period, no other activities should be conducted.
Article 41 The entity shall be terminated once the termination procedures are completed at the social entities registration and management entities.
Article 42 The residual properties shall be used for activities related to purposes and principles of the entity under the supervision of the governing body and social entities registration and management organs.
Chapter 7 Supplementary Articles
Article 43 The Charter shall be approved at the Congress of Members’ Representatives.
Article 44 The Consultative Council of the entity is responsible for the interpretation of the Charter.
Article 45 The Charter shall take effect from the very day of approval of the social entities registration and management entities.