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Constitution of SAMA
(Approved by Shandong Civil Administration
Bureau on January 18, 2002)
Chap 1 General provisions
1. Name of the league: SHANDONG ASSOCIATION OF AUTOMOBILE MANUFACTURERS
2. Character of SAMA: It's an industrial organization without
the objective of making profits, which is consisted of entire
car enterprises(including farm trucks and motorcycles), refit
car enterprises, engine and parts enterprises, circulation field
enterprises, academies and reletive public institutions and enterprises
in automobile industry in Shandong Province on the basis of equality
and voluntariness. It's a social league corportion approved for
registration by Shandong Social League Registration Management
Department.
3. Tenet of SAMA: holding activities in accordance with the Constitution,
laws, regulations and policies of the nation, accomplishing management
work of the industry entrusted by government departments, coordinating
relations within the industy, maintaining the entire benefits
of the industry, being a bridge between government and enterprises,
enterprise and enterprise, enterprise and clients, fully developing
industrial advantages and devoted to prosperity of Shandong automobile
industry.
4. SAMA accepts business guide of the supervision department,
Shandong Economic and Trade Committee and supervision and management
of Shandong Civil Administration Bureau, the league register and
management organization.
5. Working organization of SAMA is the Secretariat, located in
Jinan, Shandong Province
Chap 2 Functions and business scope
6. Function and basic tasks of SAMA
a. Publicizing and carrying out economic policies and automobile
industrial policies, assisting investigation and research of automobiel
industry and pf regional economic developement, making study and
survey of technology, economic policies and regulation opertion
related to develpoment of automobile industry, reflecting industrial
advice and suggestions to the departments of government.
b. Maintaining legal rights and benefits of member enterprises
and reflecting to the government common advice and suggestions
of the industry or most members.
c. Developing research and investigation of reforming and production
construction of automobile industry and providing suggestions
on policy adjustment to the government.
d. Organizing industrial information network, publishing industrial
periodicals of comprehensive information, doing industrial statistics
consented and authorized by the government, collecting, analysing
and publicizing industrial information.
e. Participating in establishing of industrial programming consented
and authorized by the government. Making prophase demonstration
of important technological reform, technology introduction, investment
and development projects in the industry.
f. Assisting the government in establishing and revising various
standards on industrial technology, economy and management. Making
industrial inspection and evaluation. Organizing and accelerating
implementation of the standards.
g. Participating in industrial production and license issuance,
supervising and urging fulfillment and concerned with qualification
examination.
h. Making industrial regulations and agreements according to characteristics
of the industry, establishing self-discipline mechnism, normalizing
self-management of the industry and accelerating fair competition.
i. Developing consultancy and professional training, organizing
economic exchange, undertaking feasibility study and prephase
demonstration of important investment projects of the industry.
j. Getting in touch with industrial associations both at home
and abroad, organizing enterprises to make International technology
exchange and cooperation of various styles.
k. Developing industrial and social commonweal causes. With the
principle of self-reliability, self-management and self-support,
actively developing league economy to support development of the
association.
Chap 3 Members
7. Qualification of members
a. Enterprises and public institutions that have obtained industry
and commerce registered license legally and are engaged in production
and management of products of automobile industry.
b. Academies, colleges, universities and social leagues that have
obtained register legally. Legal units or organizations of conditions
mentioned can apply for membership of SAMA only if they admit
and obey the constitution of SAMA, implement member duties and
pay membership fee on time.
8. Qualified units should submit written application and fill
in application form. Approved by SAMA Secretariat and discussed
by the Standing Council, the units can become formal members and
obtain the member certificate.
9. Members can enjoy the following rights:
a. Vote, right to be elected and voting power;
b. Taking part in activities held by SAMA;
c. The priority of enjoying services provided by SAMA.
d. The right to give criticism, advice and supervision to work
of SAMA.
e. The freedom of enrollment and withdrawal.
10. Duties and obligations of members:
a. Implementing constitution and resolution of SAMA;
b. Maintaining legal rights and interests of SAMA;
c. Actively taking part in activities held by SAMA and undertaking
affairs consigned by SAMA;
d. Paying memberswhip fee on time;
e. Feeding back information to and offering relevant materials.
11. If the member requires to withdraw voluntarily, the member
should submit written notice and return member certificate. If
the member haven't paid the membership fee or participated in
activities held by SAMA for two years, it's regarded as withdraw
voluntarily.
12. If the member doesn't come to time, SAMA can advise the member
to withdraw and cancel the membership. If any severe violation
of this constitution is committed and the member is deprived of
political rights, the member will be cancelled after discussed
by the Standing Council.
Chap 4 Organization structure and selection & dismissal of
the principal
13. The institution of the highest rights of SAMA is Members'
Congress. Its main functions are:
a. Establishing and modifying the constitution;
b. Selecting and dismissing directors;
c. Making discussions on work report and financial report of the
Council;
d. Making decisions on important alteration and termination matters.
14. The Members' Congress can be held only when over 2/3 of the
total member representatives are present. Decisions of the the
congress can go into effect agreed by over half of the total member
representatives.
15. The Members' Congress is held once every four years. If any
forward or defer is needed for special consitions, it must be
agreed by the Standing Council and reported to the supervision
department for examination and to the league register management
public institutions for approval. The defer period should exceed
one year.
16. The Council is the implementing institution of the congress.
It leads SAMA to do daily work during the close period of the
congress and is responsible for the congress.
17. Duties of the Council are:
a. Implementing each decision by the Members' Congress;
b. Selecting and dismissing Director-general, Vice Director-general
and Secretary-general;
c. Conducting group leading and supervision of activities of SAMA.
d. Making discussions on and deciding appointment of Honorary
Director-general, supplementing and alteration of Standing directors
and directors;
e. Making middle-period and recent working plans of the current
council;
f. Helding the Member Congress and making work report;
g. Making devisions on other important matters.
18. The Council can be held only when over 2/3 of the total directors
are present. Decisions of the the congress can go into effect
when agreed by over half of the total directors.
19. The Council is held once a year. It can also be held by communication
means in special situation.
20. SAMA establishes Standing Council selected by directors, which
is responsible for the Council during its close period.
21 Duties and obligations of the Standing Council:
a. Implementing each decision by the Council;
b. Making discussions on supplementing and alteration of the standing
directors, directors and on modification of constitution of SAMA,
and submitting to the Council;
c. Making discussions on appointing ahthorities of the industry
and social worthies as Honorary Director-general of SAMA;
d. Selecting and dismissing Director-general, Standing Vice Director-general,
Vice Director-general and Secretary-general.
e. Preparing for the Members' Congress;
f. Making discussions on the appoving annual work plan, work summary
and financial accounts;
g. Making decisions on reception or dismissal of members;
h. Making decisions on establishment of office organizations,
branches, representative institutions and entities;
i. Making decisions on appointment of Vice Secretary and main
principals of each institution;
j. Leading each institution of SAMA;
k. Establishing internal management system;
l. Making decisions on other important matters.
22. The Standing Council can be held only when over 2/3 of the
total standing directors are present. Decisions of the the Standing
Council can go into effect agreed by over half of the total standing
directors.
23. The Council is held once a year. It can also be held by communication
means in special situation.
24. Director-general, Standing Vice Director-general and Secretary-general
of SAMA must be of the following qualifications:
a. Stict to the routine, guide lines and policies of the Party
and of good political quality;
b. Of quite effect in the industry and the field;
c. Post age of Director-general, Standing Vice Director-general,
Vice Director-general and Secretary-general mustn't be over 70.
The Secratary-general is full time.
d. In good health conditions and able to accomplish normal work;
e. Those who have never been punished criminally by deprival of
political rights and interests;
f. Of complete civil capacity for action.
25. Legal representative of SAMA is the Director-general. Under
the special conditions that the legal representative needs to
be held by the Vice Director-general or Secretary-general, it
must be reported to the supervision department and register management
public institutions for approval.
Legal representative of SAMA is forbidden from doubling as legal
representative of other leagues.
26. Term of office of Director-general, Standing Vice Director-general
and Vice Director-general of SAMA is four years. The Director-general
can be re-selected and reappointed but the reappointment period
can't be over two sessions.
27. Director-general of SAMA enjoys the following authorities:
a. Organizing and presiding the Standing Council and the Council;
b. Examining fulfillment of decisions of the Members' Congress,
the Standing Council and the Council;
c. Subscribing relevant important documents on behalf of SAMA.
28. Secretary-general of SAMA enjoys the following authorities:
a. Leading the office institution to do daily work, organizing
and implementing work plan, work summary and finacial accounts
of the year;
b. Coodinating each department;
c. Nominating Vice Secretary-general and principals of each department
of the Secretariat and submitting to the Standing Coucil;
d. Dealing with other daily affairs.
Chap 5 Assets management
29. Source of outlay of SAMA
a. Membership fee;
b. Financial aid and contribution of leagues, units and individuals
both at home and abroad;
c. Government financial aid;
d. Income of activities and service within the approved scope;
e. Other legal income.
30. SAMA charges membership fee according to relevant stipulations.
31. Outlay of SAMA must be used for the business scope and career
development stipulated in the constitution but mustn't be alloted
among members.
32. SAMA establishes strict financial management system, making
sure that the accountant materials are lega, true, accurate and
complete.
33. There are accountants of professional qualifications in SAMA.
The accoutant can't double as cashier. The accountant must making
accounting auditting and supervision. When the accountant changes
or leaves the position, he must deal well handing-over procedures
with the take-over personnel.
34. Assets management of SAMA must implement state-stipulated
financial management and be supervised by the Members' Congress
and financial departments. The state appropriate, social donation
and contribution must be monitored by auditing departments and
relevant matters should be publicize to the society in a suitable
way.
35. Financial auditing organized by league register management
insititution and supervision department must be done before the
corporation representative of SAMA is altered.
36. All units and indivuduals are forbidden from occupying, distributing
and appropriating assets of SAMA.
37. Outlay of SAMA is used for following expenditure:
a. Expenditures of helding activities of SAMA;
b. Pay, welfare, travel expense and appointment fee of staff of
the Secretariat;
c. Housing, medical care, insurance, pre-retirement and retirement
expenditures of permanent staff of the Secretariat;
d. Office facilities and articles for use of SAMA;
e. Other necessary expenditures.
38. Pay, insurance and welfare of full-time staff of SAMA, which
is implemented according to relevant state stipulations of public
institutions.
Chap 6 Modification procedures of the constitution
39. Modification of the constitution must pass the Council and
be reported for discussion of the Members' Congress.
40. Within 15 days after passing the Membership Congress, the
modified constitution of SAMA must be examined by supervision
department and approved by league management institution before
it can go into effect.
Chap 7 Termination procedures
41. When SAMA finishes its mansion or is self-dismissed or needs
to be cancelled for discrete, combination etc. the Standing Council
should put forward termination advice.
42. Termination proposal of SAMA must pass the Members' Congress
and examined and agreed by the supervision department.
43. Before SAMA is terminated, liquidation organization should
be formed under the guidance of supervision unit and relevant
institutions to deal with creditor's rights, liabilities and problems
thus arising. No other activities can be held during the process
of liquidation.
44. SAMA is terminated after cancelling register at league register
management institution.
45. The residual properties after SAMA is terminated should be
used for affairs related to tenet of SAMA according to relevant
stipulations and under monitoring of supervision department and
league register management institutions.
Chap 8 Supplementary articles
46. This constitution goes into effect after passing vote of the
Members' Congress.
47. SAMA is affiliated to Shandong Head Office of Automobile Industry.
48. Authority for the interpretation of this constitution is held
by the Standing Council of SAMA.
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