Constitution
of China Association
of Foreign Service Trades
Chapter I
General Principles
Article
1.
The
name of the Association is
China Association of Foreign
Service Trades (hereunder
called CAFST for st).
Article
2.
CAFST
is a non-profitable social
organization composed of
foreign service agencies
providing human recourses
services designated by the
State Council, provincial
governments, autonomous
regions and municipalities
directly under the control
of the central government.
It is a nationwide trade
organization.
Article
3.
The
aim of CAFST is to
promote regional
economic development and
international exchange and
co-operation, bridging its
members and government in
order to prosper their
business, creating a
harmonious atmosphere of
fair play for its members by
mediating their
relationships and protect
their legal rights and
interests. CAFST abides by
the state constitution and
relevant laws and
regulations and complies
with the social norm.
Article
4.
CAFST
is a sub-council of China
Council for the Promotion of
International Trade and
under the supervision of
Ministry of Civil Affairs of
China. CAFST also receives
business guidance from the
Ministry of Commerce
of China. It is
registered in the Ministry
of Civil Affairs of China as
a legal entity.
Article
5.
The
standing organ of CAFST is
located in Room 2107, 2108
City Hotel, No.4 Gongti
Donglu, Chaoyang District,
Beijing, P.R.China.
Chapter II
Functions
Article
6. The functions of
CAFST are as follows:
1.
To publicize and
implement the relevant laws、policies
and regulations issued by
the government in this
field; To study some new
situations
and development in
the trade. To report the
demands of the members to
the government and
departments concerned and
put forwards some suggestion
for legislation and
policy-making;
2.
To provide
information and consultation
in the trade to the
government and departments
concerned ;
3.
To safeguard the
legal rights and interests
of the members and to
coordinate relations among
them;
4.
To make investigation
and statistics and to
collect and publicize
information in this trade;
5.
To publish and
distribute the periodicals
of CAFST;
6.
To formulate business
moral codes and relevant
rules and regulations of the
trade, and to supervise the
members to abide by them and
preserve order for fair
competition in the trades;
7.
To organize business
exchange and co-operation
among its members;
8.
To hold training
courses for the members so
as to facilitate their
exchanges of experience and
help them improve management
quality of enterprise;
9.
To offer consulting
service and provide the
members with domestic and
international information of
technology, economy and
marketing;
10.
To promote the
courses of public welfare;
11.
To contact foreign
counterparts and
corresponding organizations
abroad for international
economic co-operation and
exchanges; To invite and
receive foreign delegations
to China and organize
CAFST’s delegation going
abroad for the market
survey; To participate the
activities held by the
corresponding international
organization;
12.
To accomplish tasks
entrusted by the government
and departments concerned;
13.
To organize other
activities in accordance
with the aims of CAFST.
Chapter III
Membership
Article
7.
The
members of CAFST are of
organization each of them is
a council member as well.
The council meeting means a
general assembly. Any
corporation authorized by
the government to offer
human resources services or
foreign service trade as
well as consultation service
concerned can be accepted as
a member of CAFST.
Enterprises both
domestic and overseas
concerned to this trade and
prestigious social figures
both at
home and abroad are
also encouraged to become
honorary members.
Article
8.
Corporations
qualified and applying to be
as a member of CAFST should
abide by this constitution.
Article
9.
The
procedure of applying the
membership is:
1.
Submit the
application and documents
concerned with its
qualification;
2.
To be discussed in
the standing council meeting
and ratified by more than
half of the attendants;
3.
A certificate of
membership will be honored
by the council or
secretariat of CAFST.
Article
10.
The
rights of the members:
1.
Voting, standing for
election, to be elected
recalling and supervision
(except honorary members);
2.
Attending the council
meeting and activities
organized by CAFST;
3.
To offer suggestion
or comment on the work of
CAFST;
4.
To enjoy services
provided by CAFST;
5.
To withdraw from
CAFST;
6.
To participate the
formulation of the basic
management system for CAFST;
7.
Other rights
stipulated in the
constitution.
Article
11.
Obligation
of the members:
1.
To abide by the laws,
relevant regulations issued
by the State and
constitution of the
Association as well as
business practice code and
self-discipline of
CAFST, to implement the
decisions of CAFST;
2.
To accomplish the
tasks entrusted by CAFST and
provide information expected
by the Association;
3.
To pay the membership
fee as per the stipulation;
4.
Other obligations
stipulated in the
constitution of CAFST.
Article
12
Members
may withdraw CAFST subject
to submitting an application
of 60 days prior to the end
of the year and return the
certificate to CAFST.
Article
13.
A
member will be expelled from
CAFST subject to one of the
following specific
conditions:
1.
To be in arrears of
membership fees without any
reasonable excuse for two
years running or two
accumulated years after
being warned, but no signs
of improvement.
2.
No
implementation of the
regulation of CAFST, and
violating the constitution
and the business code and of
self-discipline. Any
behaviors in violation of
the aim of CAFST, leading to
ruin its reputation.
Chapter IV
Structure and
Election
Article
14.
CAFST
is composed in the structure
of secretariat, board of
presidents meeting, standing
council and council which is
the top power organ.
Standing council is the
standing body of CAFST. The
board meeting is the top
policy-making organ. The
secretariat is the organ for
rutine work.
Article
15.
The
council meeting will be held
once a year, and called by
the standing council. An
irregular council meeting
may be held if the standing
council think it is
necessary. Functions of the
council are:
1.
Receiving, examining
and voting to pass CAFST’s
activities’ report as well
as making policies and plans
in the field;
2.
Revising and
ratifying the constitution;
3.
Voting for the
deputies of standing
council, recommended by the
presidents’ meeting.
Article
16.
Deputies
of the council who should be
same leaders at present post
of the members’ companies
each of them will be on the
post for a term of 4 years
and can be prolonged for
another one term by
election. The duration is
normally two terms except
that the deputy is still on
the post
of their company.
Article
17.
The
important decisions will be
made by the standing council
during the adjournment. A
deputy of the standing
council, who should raised
from deputies who have been
on the post over three years
in the council, has a term
of four years voted by the
council and the term can be
prolonged by election.
Members of the standing
council are limited less
than one third of the
members of the council.
Meeting of the standing
council will be presided by
the president of vice
standing presidents and
should he be
absent, a vice
president appointed will be
on duty. Functions of the
standing council are as
following:
1.
To decide the time
and contents of the council,
report activities to the
council, implement the
decision of the council;
2.
To recommend and vote
for the vice president,
secretary-general, vice
secretary-general and so on;
3.
To discuss and
approve the proposal of
inviting honorary president,
advisers and honorary
members;
4.
To encourage and
ratify potential candidates
to join CAFST and augment
deputies of the standing
council;
5.
To adjust the
structure of the working
body of CAFST;
6.
To examine and decide
the financial report of
budget and final accounts of
CAFST;
7.
To examine and decide
CAFST’s activity plan;
8.
To examine and
perfect the constitution and
exercise the other rights
authorized by the council.
Article
18.
The
meeting of council and/or
standing council should be
presented by
more than half of the
deputies respectively. Any
resolution of the council
and /or standing council
should be made by more than
half of the deputies each of
them has the right to cast
only one vote.
Article
19.
The
attendants of the president
meeting are composed of
honorary president,
president, vice standing
presidents, vice presidents,
secretary-general and vice
secretaries-general. The
main functions are as
following:
1.
To study and make the
documents of activity
report, working plan,
regulation of the trade,
constitution, etc. which
should be submitted to the
council for approval;
2.
To discuss the
membership application,
withdraw, expelling, etc.,
giving and submitting
comments to the standing
council for approval;
3.
To discuss the
composition of the standing
council and submit the
resolution to the council
for approval;
4.
To recommend the
candidates of the
secretariat and submit the
proposal to the standing
council for approval;
5.
To decide the other
relevant important affairs.
Article
20.
The
president, vice standing
presidents, vice presidents,
secretary-general should be
qualified for the following
conditions:
1.
Stick to our
Party’s policy, be good at
political qualification;
2.
To be well-known in
this field and can play an
important role in the
business trade locally;
3.
Age limitation for
the president, vice standing
presidents, vice presidents
and secretary-general should
accord with the relevant
state regulation;
4.
To be good at health
and can work regularly;
5.
To have entire civil
ability.
Article
21.
The
president, vice standing
presidents, vice presidents
and secretary-general may
continue their post subject
to the approval by the
council and authorities
concerned if their age is
over the limitation
stipulated by the state.
Article
22.
CAFST
has one president, two vice
standing presidents and
several vice presidents in
its structure. The president
should be also the present
Chairman of the China
Council for the Promotion of
International Trade (CCPIT).
The two vice standing
presidents, including one
who is the legal person of
CAFST, should be recommended
by CCPIT and approved by the
standing council. The vice
presidents should be voted
in an standing council
meeting, the candidates
ought to be present leader
of their corporation and
have been on the post of
deputy of the standing
council for over two years,
as well as to be capable of
the post of CAFST.
Article
23.
The
legal person should be one
of the vice standing
president who ought not to
be the legal person of the
other social communities.
Article
24.
Functions
of the presidents:
1.
To call and preside
meetings of the council and
standing council;
2.
To inspect
implementation of decisions
made by the council and the
standing council;
3.
To sign important
documents on behalf of CAFST.
Article
25.
CAFST
has a secretariat in charge
of routine work. The organ
is formed with a
secretary-general (full
time) and several vice
secretaries-general. The
above staff are recommended
by the Presidents Meeting
and approved by the standing
council.
Article
26.
Functions
of the secretary-general:
1.
In charge of routine
work of the secretariat and
manage to implement annual
work plan;
2.
To coordinating and
supporting members’
business;
3.
To appoint full time
staff of thesecretariat ;
4.
Other business.
Chapter V
Principle of Use and
Management of the Assets
Article
27.
Funds
of CAFST come from:
1.
Membership fee;
2.
Receiving donations
and financial aid;
3.
Income from offering
services;
4.
Financial aid
provided by the government;
5.
Interests;
6.
Other legal incomes;
Article
28.
Collecting
membership fee is in
accordance with relevant
regulation set up by the
state and the association.
Article
29.
The
membership fees include an
enrollment fee when joining
the association and the
annual membership due of
each fiscal year.
Article
30.
The
membership fees and donated
assets are not refundable
when a member is to withdraw
or be expelled.
Article
31.
The
fiscal year of the
association is from 1st,July
through 30th June
next year, a budget and
final accounts report shall
be made for each fiscal year
and approved at the meeting
of the council.
Article
32.
CAFST’s
funds must be used in the
business and development set
up in the constitution of
CAFST, never to be
distributed among the
members.
Article
33.
A
strict financial management
regulation must be set up to
ensure a legal, authentic,
accurate and entire
accounting data.
Article
34.
The
qualified accountants should
arranged in the association.
The cashier should not hold
the post of accountant
simultaneously. The
accountant should conduct
accounting and the business
accounting must be
supervised. When the
accountant leaves the post,
the procedure of relief of
the shift must be done with
the successor.
Article
35.
The
management of the funds and
property should be in
accordance with regulations
set up by the state,
meanwhile, it should be
supervised by the council
and financial organ
concerned.
Article
36.
Financial
auditing ought to be given
by the registration organ
and authorities concerned
before expiration of each
session or when the legal
person changed.
Article
37.
No
body and unit is allowed to
embezzle the funds and
property of the association.
Article
38.
Salary,
insurance and welfare for
Staff of full-time of the
association should be in
accordance with regulations
set up by the state.
Chapter VI
Procedure of
Modification of the
Constitution
Article
39.
Modification
of the constitution should
be firstly approved by the
Standing Council and then by
the council.
Article
40.
The
constitution when it is
modified by the council
within 15 days,
should be submitted
to the superior and the
registration organs for
examination and approval,
then it will go into effect.
Chapter VII
Procedure of
Termination and settlement
of Property
Article
41.
Should
the association be
terminated by reason of task
fulfilled, voluntary
disbanding and or
separating, merger……,it
should be motivated and
raised by the council
or the standing council.
Article
42.
The
termination motion should be
vowed in the council and to
be submitted to the superior
organ for approval.
Article
43.
Before
termination, a clearing
organ should be set up under
the guidance of superior
organs concerned to clear
credit or debt and
aftermath.
Article
44.
Termination
will be in effect after
cancellation of the
registration in the
registration organ.
Article
45.
In
terms of the left funds and
property, they ought to be
used for the causes
concerned with the aim of
the association under
supervision of the superior
and registration organ
according to regulations set
up by the state.
VIII
Supplementary Articles
Article
46.
The
association has several
posts of honorary, such as
honorary president and
advisers etc. who will be
nominated by the president
and approved by the standing
council.
Article
47.
The
prestigious social figures
who are enthusiastic in
promoting foreign service
constantly both domestic or
abroad can be appointed by
CAFST as “honorary
members” and the president
will sign the certificates
for them.
Article
48.
This
constitution has been
approved by the council and
reported to China Council
for the Promotion of
International Trade for
record. The right of
interpretation of the
constitution is vested in
China Association of Foreign
Service Trades.
Article
49.
This
constitution will be come
into force when it is
ratified by the registration
organ.
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