What Does a Government Contractor Do?
The China Chamber of Commerce for Contracted Foreign Projects is a nationally established corporation with legal personality as a corporate entity voluntarily established in the People's Republic of China in accordance with the law to register enterprises engaged in foreign investment, foreign contracted projects, labor cooperation, and other international economic and technological cooperation. Industry social groups. China Chamber of Commerce for Foreign Contracting Engineering was established in April 1988. The business philosophy of the Chamber of Commerce: build a member's home, promote member companies to work together, and promote the rapid development of China's foreign economic cooperation.
China Association of Foreign Contractors
- 1. Represent the interests of the industry and express the wishes of the industry. Participate in the formulation of relevant laws and regulations, industrial policies, technical standards and industry development plans, and reflect the reasonable suggestions of members to the government. Representing the industry in foreign affairs and safeguarding the legitimate interests of member companies and laborers.
- 2. Implement industry self-discipline and maintain business order. Formulate industry codes of conduct and conventions, coordinate member business and member relationships, develop industry credit systems and social responsibility, safeguard national interests, maintain business order, and protect fair competition.
- 3. Carry out professional services to meet the needs of enterprises. Carry out industry research, provide information, consulting and training services, assist enterprises in solving business problems, organize market inspections and development activities.
- 4. Strengthen international exchanges and promote peer cooperation. Represent your industry in participating in international industry organizations, attend relevant international conferences, establish contacts with relevant international organizations and regional and national industry organizations, and promote international cooperation in the industry.
- 5. Perform other duties entrusted by the government, jointly requested by members, and required for industry development.
- Abide by the national constitution, laws and regulations, abide by social morality, implement national guidelines and policies, and commit to promoting the development of China's foreign contracted projects, labor service cooperation, engineering investment and related service industries.
- The Chamber of Commerce has 10 departments, 7 business branches, 4 overseas agencies, 16 local liaison offices, 9 special committees and an expert team composed of more than 100 experts such as engineering, labor, information, and law. The number of members of the China Chamber of Commerce for International Contracting Engineering has increased from the original 76 to 1,200.
- Foreign contracting project
- This association is engaged
- Chapter I General Provisions
- Article 1 Name: China Chamber of Commerce for International Contracting
- China International Contractors Association (CHINCA)
- The second emblem: a round pattern composed of six "C" letters.
- Article 3 Nature: The China Chamber of Foreign Contracted Projects is a nationwide, industry, non-profit organization voluntarily formed by enterprises and units registered in the People's Republic of China to engage in foreign contracted projects, labor service cooperation, engineering investment and provide related services. Sexual social organizations, representing industry, have the status of legal persons in social groups.
- Article 4 Purpose: to abide by the national constitution, laws and regulations, abide by social morality, implement national guidelines and policies, and commit to promoting the development of China's foreign contracted projects, labor service cooperation, engineering investment and related service industries.
- Article 5 The unit in charge of the business of this association is the Ministry of Commerce of the People's Republic of China, and the registration management authority of the association is the Ministry of Civil Affairs of the People's Republic of China.
- The Association accepts the guidance, management and supervision of the Ministry of Commerce, the Ministry of Civil Affairs and other relevant government departments.
- Article 6 The residence of the Association: Beijing.
- Chapter II Duties
- Article 7 Business scope of the Association:
- (1) Represent and express the common will of China's foreign contracted projects, labor service cooperation, engineering investment and related service industries. Reflect the reasonable suggestions of members to the government and other departments, participate in the research and formulation of relevant laws and regulations and industrial policies, and organize or participate in the formulation of industry standards and industry development plans. Representing the industry in external negotiations and safeguarding the legitimate interests of member companies and laborers.
- (2) Implement industry self-regulation. Formulate codes of conduct and conventions for foreign contracting projects, labor service cooperation, engineering investment and related service industries, coordinate member business and member relations, carry out the construction of industry credit system, safeguard national interests, maintain business order, and protect fair competition.
- (3) Providing services to enterprises and relevant social departments and institutions. Carry out information, consulting and training services, provide industry research materials, and help companies solve problems encountered in business development. Organize members to participate in domestic and foreign exhibitions and conferences, organize market inspections and development activities, and help enterprises develop international markets.
- (4) Representing the industry in participating in international industry organizations, attending relevant international conferences, establishing contacts with relevant international organizations and relevant countries and regions with industry organizations, and promoting international cooperation in the industry.
- (5) Perform other responsibilities entrusted by the government, jointly requested by members, and required for industry development.
- Chapter III Members
- Article 8 The Association has corporate members, group members and associate members.
- Article 9 Conditions for Members:
- (1) to support the constitution of the Association;
- (2) Voluntarily joining the Association;
- (3) Enterprise members shall obtain the qualifications for foreign contracted engineering, labor service cooperation business granted by the competent government department, or have the performance of foreign engineering investment, or the corresponding qualifications for foreign contracted engineering, labor service cooperation, and engineering investment related services;
- (4) The group members are social organizations made up of enterprises (units, autonomous regions, and municipalities directly under the Central Government), such as foreign economic cooperation enterprises associations, that contract projects, labor cooperation, engineering investment, and related service enterprises and units;
- (5) Contact members are other enterprises and units related to foreign contracted projects, labor service cooperation, engineering investment and related service businesses.
- Article 10 Joining Procedure:
- (1) Submit a written application for membership;
- (2) Submitting documents registered and approved by relevant state departments in accordance with law or performance certificate of foreign engineering investment;
- (3) The council authorizes the permanent office to review the qualifications for membership and issue a membership certificate.
- Article 11 Enterprise members enjoy the following rights:
- (1) The right to vote and be elected in this Council;
- (2) The right to know, participate in and vote on major matters of the Association;
- (3) Priority to participate in the activities of the Association;
- (4) Priority enjoyment of various services provided by the Association;
- (5) to supervise the work of the Association, put forward opinions and requirements;
- (6) Volunteer membership and freedom of withdrawal.
- Article 12 Enterprise members perform the following obligations:
- (1) abide by the constitution of the Association, implement the resolutions and regulations of the Association;
- (2) to safeguard the legitimate rights and interests of the Association;
- (3) completing the work entrusted by the Association;
- (4) accept the business coordination of the Association;
- (5) Reflecting the business situation and providing relevant information to the Association;
- (6) Pay membership dues as required.
- Article 13 Group members and associate members have the same rights and obligations as corporate members, except that they do not enjoy the right to vote, be elected and vote. The group members are not required to pay dues.
- Article 14 Members withdraw from the membership shall notify the permanent office in writing, and the permanent office shall withdraw the membership certificate. If a member fails to perform his obligations within 2 years, he will be deemed to have withdrawn automatically.
- Article 15 Members who have seriously violated national laws and regulations and violated these Articles of Association and industry norms shall be canceled by voting by the council.
- Chapter IV Organization
- Article 16 The highest authority of the Association is the member congress, which exercises the following functions and powers:
- (1) Formulating and revising the articles of association;
- (2) election and removal of members of the council;
- (3) to review the work report and financial report of the council;
- (4) Formulating and revising the standard of membership fees;
- (5) to study and decide on major issues related to the development of the industry;
- (6) To consider the motions proposed by the council or representatives of more than 30 members;
- (7) Deciding on the termination of the Association;
- (8) Decide on other major matters.
- Article 17 The representatives of the member congress are democratically elected by the members through democratic consultation. As required, group members and associate members may be invited to attend the member congress.
- Article 18 The general meeting of members must be attended by more than two-thirds of the members with voting rights, and its resolutions must take effect after more than half of the votes have passed.
- Article 19 The member congress is held every five years. Due to special circumstances or the proposal of more than 1/3 of the member representatives, the member congress can be held in advance or postponed, but it must be approved by the board of directors, submitted to the Ministry of Commerce for review and approval, and approved by the Ministry of Civil Affairs. The extension is not more than one year.
- Article 20 This Council shall establish a council. The council is the executive body of the member congress. During the intersessional period of the member congress, the council executes the resolution of the member congress and leads the work of the council, and the council is responsible to the member congress.
- Article 21 The term of each term of the council is five years. The member congress is held earlier or postponed, and its term of office is changed accordingly. Directors can be re-elected, and they can be held by the legal representative of the governing unit, or the general manager, or the main person in charge of external contracting projects, labor service cooperation, engineering investment and related services.
- Article 22 The Council exercises the following functions and powers:
- (1) Determine the work direction and focus of the Association in accordance with the resolution of the member congress;
- (2) Election and removal of the chairman, deputy chairman, and secretary general;
- (3) preparing to convene a member congress;
- (4) submit proposals, report work and financial status to the member congress;
- (5) Deciding on the establishment, change and cancellation of permanent establishments, branches and representative offices;
- (6) Deciding on the appointment of the Deputy Secretary-General and the heads of various agencies;
- (7) Deciding on the establishment and selection of honorary positions;
- (8) To consider and approve the annual work report and financial report of the permanent institution;
- (9) To consider and adopt industry norms, agreements, regulations and important opinions on the development of the industry;
- (10) Decide on the personnel, finance, assets and service management principles of the Association;
- (11) To formulate the method for selecting representatives and the number of directors, vice chairpersons, qualifications and methods for the next member congress;
- (12) Decide on other important matters.
- Article 23 The council is convened once a year, and must be attended by more than two-thirds of the directors. The resolution of the council must be passed by two-thirds of the directors before it takes effect. Under special circumstances, communication can be held.
- Article 24 The chairman, vice chairman, and secretary-general must meet the following requirements:
- (1) Adhere to the party's line, principles, and policies, observe discipline and law, and have good political quality;
- (2) Have a sense of pioneering and innovation, be enthusiastic about the service work of their own industry, and be able to actively safeguard the interests of the country and their industry;
- (3) Having deep qualifications and good reputation in the business field of the Association;
- (4) The maximum age of appointment is not more than 70, and the secretary general is full-time;
- (5) be healthy and able to work normally;
- (6) Have not been subjected to criminal punishment for deprivation of political rights;
- (7) Having full capacity for civil conduct.
- Article 25 The candidates for the chairman and vice-chairmen shall be recommended by the Ministry of Commerce, or jointly recommended by more than one-third of the members. The candidates for the secretary-general shall be nominated by the chairman, and the president, vice-chairman and secretary-general shall be elected by the council. The president, vice president, and secretary-general are selected as ex-officio members and ex-officio candidates of the member congress.
- Article 26 The term of office of the chairman, vice-chairman, and secretary-general is the same as that of the council. Extension of the term of office due to special circumstances must be approved by more than two-thirds of the members of the member congress, submitted to the Ministry of Commerce for review and approval, and approved by the Ministry of Civil Affairs before serving. During the term of office, the chairman, deputy chairman, and secretary general no longer meet the conditions stipulated in Article 24, and the council has the right to remove him.
- Article 27 The President is the legal representative of the Association. Due to special circumstances, upon the commission of the chairman, the council agrees, and after the report is submitted to the Ministry of Commerce for review and approval by the Ministry of Civil Affairs, the vice chairman may be the legal representative. The legal representative signs relevant important documents on behalf of the Association.
- The legal representative of the Association shall not concurrently act as the legal representative of other social organizations.
- Article 28 The President exercises the following functions and powers:
- (1) Convening and presiding over meetings of the council and presidents;
- (2) To preside over the work of the permanent office of the Association, to guide and coordinate the work of the branches;
- (3) Deciding on the appointment and employment of full-time staff of the permanent office;
- (4) nominating the Secretary-General and Deputy Secretary-General;
- (5) Nominating the person in charge of the branch;
- (6) Handling other daily affairs.
- The vice president and secretary general assist the president in his work.
- Article 29 The Board may set up a supervisory board as required. The board of supervisors shall be responsible to the member congress, supervise the work of the board of directors, the meeting of presidents and permanent establishments, and accept complaints from members.
- Article 30 This Council establishes a meeting of presidents. The chairperson meeting is responsible to the council. During the intersessional period of the council, it exercises the responsibilities of (1), (3), (6), (8), (10), and (11) of the council and is also responsible for:
- (1) preparing to convene a council;
- (2) Make specific institutional arrangements related to industry self-regulation in accordance with the resolutions of the member congress and the council;
- (3) Put forward ideas and suggestions for promoting the development of the industry, study and decide to carry out important work related to the development of the industry, and approve the work plan;
- (4) approve the annual work plan of the permanent establishment and supervise its implementation;
- (5) Deciding the establishment, change and cancellation of the entity;
- (6) Decide on other daily important matters.
- Article 31 The members of the chairman's meeting are the chairman, vice-chairman and secretary general. The chairman's meeting is held 2-3 times a year, and can only be convened when more than 2/3 of the members are present, and its resolution can only take effect if it is approved by more than 2/3 of the members present. Under special circumstances, communication can be held.
- Article 32 The permanent office of the Association is responsible to the Board of Directors and the President's Meeting, and performs daily work during the intersessional period of the Board and the President's Meeting:
- (1) To implement the resolutions of the member congress, the board of directors and the meeting of presidents;
- (2) Formulating and organizing the implementation of the annual work plan of the permanent establishment;
- (3) Deciding on the internal management system and management methods of the permanent establishment;
- (4) Decide on the daily business expenditure plan of the Association;
- (5) Other matters that should be decided by the permanent establishment.
- Article 33 According to business needs, the Association may set up branches or representative offices (hereinafter collectively referred to as branches) in accordance with the law, in accordance with the professional, market and other categories. Branches carry out activities according to authorization within the purpose and scope of the Association, and personnel and financial work are under the leadership and management of the Association.
- Chapter V Asset Management and Use
- Article 34 Sources of Funding:
- (1) dues;
- (2) accepting donations and funding;
- (3) Government purchase of services;
- (4) income from activities or services carried out within the approved scope of business;
- (5) Other income.
- Article 35 The Association collects membership dues in accordance with relevant state regulations. The fee is used to promote the development of foreign contracted projects, labor service cooperation, engineering investment and related service businesses. Funds of the Association shall not be distributed among members.
- Article 36 This Association establishes a strict financial management system to ensure that accounting information is legal, authentic, accurate and complete.
- Article 37 The Association is equipped with professionally qualified accountants. Accounting should not act as cashier. Accountants must conduct accounting calculations and implement accounting supervision in accordance with the "Accounting System for Civil Nonprofit Organizations." When transferring or leaving an accountant, the accountant must go through the transfer formalities with the person taking over.
- Article 38 The asset management of the Association implements the financial management system prescribed by the state, and accepts the supervision of the member congress and the financial department. If the source of assets is a state appropriation or social donation or funding, it must be subject to the supervision of the auditing agency and the relevant situation shall be announced to the society in an appropriate manner.
- Article 39 Before the re-election or replacement of the legal representative, the Association must accept the financial audit organized by the audit unit approved by the Ministry of Commerce and the Ministry of Civil Affairs.
- Article 40 No unit or individual may misappropriate, privately distribute or misappropriate the assets of the Association.
- Article 41 The salary and insurance benefits of the full-time staff of this Association shall be implemented with reference to the relevant regulations of the State on public institutions.
- Chapter VI Termination Procedure and Disposal of Property After Termination
- Article 42 If the Association fulfills its purpose or dissolves itself or terminates due to division, merger or other reasons, it shall be cancelled, and the Council shall propose a termination motion.
- Article 43 The motion for termination must be approved by the member congress and submitted to the Ministry of Commerce for review and approval.
- Article 44 Before handling cancellation registration, the Association shall set up a liquidation group under the guidance of the Ministry of Commerce and relevant units to complete the liquidation work. During the liquidation, not to carry out activities other than liquidation.
- Article 45 This Council shall be terminated after the cancellation of registration by the Ministry of Civil Affairs.
- Article 46 The remaining property after termination shall be used for the development of undertakings related to the purpose of the Association under the supervision of the Ministry of Commerce and the Ministry of Civil Affairs in accordance with relevant state regulations.
- Chapter VII Procedures for Amending the Articles of Association
- Article 47 Amendments to the articles of association of this association shall be submitted to the member congress for consideration after being approved by the council.
- Article 48 The amended articles of association of this association shall take effect within 15 days after being approved by the member congress, after being reviewed and approved by the competent business unit, and submitted to the registration and management authority of the society for approval.
- Chapter VIII Supplementary Provisions
- Article 49 The Articles of Association were voted and approved at the Sixth Member Congress on December 23, 2010.
- Article 50 The right to interpret this charter belongs to the Council of this Council. [2]