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Bylaws for Internet society of China
(15th version of draft)
ArticleⅠ--- General Provisions
Section 1.
The full name of this organization is Internet Society of China
hereinafter refers to as ISC.
Section 2.
ISC is a nationwide,non--profit social organization to promote the
healthy development of China Internet and serve for social and economic
development, which consists of Internet related enterprises,institutions,individuals
who interested in the development of China Internet. ISC is an independent
corporation with approval of the Ministry of Information Industry(MII
in short)and registration from the Ministry of Civil affairs under
the protection of law.
Section 3.
The purpose of ISC is
1. to abide by the law and regulations,follow social morality; To
be a link between different members to form self-regulation and
create good reputation of China Internet Community;
2. To maintain the integral benefit of the Internet Industry and
protect legal benefit of the Internet users;
3. To strengthen communication and coordination between the community
and government, to propagandize for national policy, law and regulations
and popularize Internet knowledge, to improve the application of
the Internet and quality of service, to keep the country and user's
interest and guide the users healthy online;
4. To participate in the international exchange and technological
standard research;
5. To promote the development of China Internet, take advantages
of the Internet for promoting the social, economic, cultural development
and the construction of socialist spiritual civilization.
Section 4.
ISC shall be guided by MII and supervised by the Ministry of Civil
Affairs.It shall be a democratic,self-discipline and independent
organization.
Section 5.
The principal office of ISC shall be in Beijing China.
Article Ⅱ--Mission
Section 6.
ISC's mission is:
1) To Popularize national policy,law and regulations for members,transmit
the wishes and requests of its members to the authority, liaison
with the responsible departments and members for communication .
2) To formulate self-regulations of the Internet industry and put
it in practice, harmonize the relations among the members,promote
the communication and coordination of the members,bring the self-regulation
of Internet into full play, safeguard national information security,
maintain the whole interest of both the industry and users, promote
quality of service.
3) To launches information collection,systematization,statistics,
analysis and research of China Internet Industry; Research the development
strategy and policy of China's Internet, promote the level of application
and development, and discuss the development plan of the Internet,
take adViceto the government and responsible departments;
4) To organize activities beneficial for Internet development,enhance
information exchange in the industry,transfer the latest technical
trends and market information,promote the development and application
of China Internet。
5) To take part in the activities of international Internet organizations,reinforce
the mutual understanding and communications among members and international
organizations with respect to the theory and viewpoints, advance
China internet industry's participation in the international internet
affairs,strengthen the international cooperation and exchange,and
make positive contributions to the world-wide healthy deve1opment
of internet.
6) To edit and publish ISC's publications, information and White
paper of annual Internet deve1opment status of China.
7) To undertake other matters trusted by members, other social organizations
or responsible departments.
Article Ⅲ--Membership
Section 7.
Most of the members of ISC are Organizational members,it'd also
include individuals well-known in China Internet community. The
Standing Committee shall be responsible for formulating and implementing
the procedure of membership.
Section 8.
The applicants should meet the following criteria to become the
members of ISC:
l)To abide by national constitution,law and regulation and agree
with this bylaws;
2)Be willing to join ISC,to take part in ISC's activities and support
ISC 's work.
3)The organizational members are legal Internet-related enterprises,scientific,educational
or academic bodies .
4) The individual members refer to Chinese citizens who play a very
vital role in the Internet.
Section 9.
The procedures of membership admission is:
1)Organizational members,
the organizational applicants accord with the requirements of 1),2),
3)of Section 8 above shall get the approval and members certificate
after the review.
2)Individual members,
the individual applicants accord with the requirements of l),2),
4)of Section 8 above shall get the approval and member certificate
after the review.
Section 10.
Members of ISC have the fol1owing rights:
1)With the right to vote and to stand for election;
2)With the right to make comment, adViceand monitoring in relation
to the operation of ISC;
3)With the priority to obtain services provided by ISC;
4)With the right to participate in ISC's activities and other rights
in accordance with this bylaws.
5)With the freedom to join or terminate the membership.
Section 11.
Members of ISC should carry out the following obligations,
1)To pursue resolution of ISC and implement obligations of this
bylaws.
2)To fulfill all tasks trusted by ISC,to safeguard ISC's reputation
and members'legal rights.
3)To participate in ISC organized activities actively.
4)To pay membership fee according to related regulations, (the charging
standards shall be set by the Board of Trustees after consulting
with the members);
5)To make comment and advice,make contribution for the development
of ISC.
6)To provide related information and material for ISC.
Section 12.
Members who want to terminate its membership must inform ISC in
written notification in advance and return certificates. Any member
who is not able to pay membership fee to ISC up to 1 calendar year
will be henceforth regarded as automatic secession.
Section 13.
Any infringement against bylaw of ISC conducted by any member shall
be excluded from the organization after the Board's approval.
ARTICLE Ⅳ Organizational Structure and the Procedure of Election
and Changing of the Leadership
Section 14.
The election of representatives of members, trustees, member of
Standing Committee or other officers should ful1y reflect the principle
of democratic centralism. The congress of members is the supreme
organ of powers. The functions of the congress of members are as
follow,
1)To formulate and amend The bylaws of ISC;
2)To vote in the Board of trustees, to elect and change the Board
members;
3)To review operational and financial reports of the Board;
4) To make important resolutions,
5)To decide the vital and important matters and termination of ISC.
Section 15.
The General Assembly can be only convened with attendance at least
two--thirds of all the representatives, with at least two-thirds
of all the participating representatives voting for support can
make the resolution become effective.
Section 16.
Each assembly's term shall last 3 years. In case there is any special
occasions to change the duration,it shall be passed by the Board.
Besides, report the responsible department for review and get the
approval of the social organization registration agency. Nevertheless,
the duration for one deferment shall not exceed one calendar year.
Section 17.
The Board of Trustees shall be elected by the General Assembly and
all Trustees shall hold office for a term of three years. The Board
of Trustees shall be the executive institute of the General Assembly,
to direct the affairs of ISC and be responsible for the General
Assembly. The Board of Trustees shall consist of a Chairman, ViceChairmen,
a SecretaryGeneral and Trustees.
Section 18.
the Board of trustees includes:
1. To execute the resolutions of the General Assembly;
2. To elect and change the Chairman and ViceChairman of the Board,
and Secretarygeneral;
3. To prepare the conference of the General Assembly;
4. To submit and deliver the operational and financial reports to
the General Assembly;
5. To make decisions on enrollment and dismissal of member of ISC;
6. To decide to establish administrative offices, branches, representative
offices and affiliated bodies of ISC;
7. To recruit deputy Secretarygenera1 and principals of all departments;
8. To give guidance to the operation of all departments of ISC,
to make the mid-term and short-term working p1ans;
9. To formulate internal working procedure;
10. To make decisions on general matters of ISC.
Section 19.
With at least two-thirds attendance of representatives of the members
of the Board shall legally convene meeting and the resolutions shall
become effective only with half of affirmative votes in the Board.
Section 20.
Meetings of the Board of Trustees shall be held at least annually,
and meeting also can be run by means of conference telephone or
by any means of electronic communication.
Section 21.
ISC shall establish the Standing Committee that consists of the
members of the Committee shall be elected by the Board of Trustees
and the Chairmen of Provincial Society. When the Board of trustees
is not in session,the Standing Committee should exercise functions
listed in1),3),5),6),7),8)and 9)of section l8 above.It shall be
responsible for the Board of trustees.Based on requirements of ISC,the
Standing Committee may nominate the well-known people who play a
vital role in the development of China's internet to be honorary
president,trustees or consultants of ISC.
Section 22.
With at least 2/3 attendance of representatives of the members of
Standing Committee shall legally convene the meeting and the resolutions
shall become effective only with half of the affirmative votes of
the members present in the meeting.
Section 23.
The meetings of the Standing Committee shall be held every half
a year,and runs the meetings by means of conference telephone or
by any means of electronic communication in special occasions.
Section 24.
The qualifications of the Chairman, ViceChairman and Secretarygeneral
includes:
1. Abiding by laws and regulations of the government;
2. Having reputations in the scope of business of ISC;
3. Under the age of 70, Secretarygeneral and ViceSecretarygeneral
work full-time for ISC.
4. Healthy and competent for the work.
5. No criminal records.
6. With full civil capacity.
Section 25.
If there is the need for reelection of the Chairman, ViceChairman
and Secretary-General who are above the age of 70 shall be approved
by the Board.
Section 26.
The Chairman, ViceChairman and Secretarygeneral shall have a 3-year
term. The succession for reelection shall not exceed two terms.
If there is the need for their reelection shall be adopted by the
affirmative vote of at least 2/3 of the members of the Board.
Section 27.
The Chairman is the legal representative of ISC. In special cases,
the ViceChairman, SecretaryGeneral or ViceSecretaryGeneral shall
be the legal representative of ISC; it's subject to the approval
of the Board of trustees. The Chairman must not hold any concurrent
post of legal representative for other organization.
Section 28.
The Chairman's authority includes:
1. To call and preside over meetings of the Board and the Standing
Committee;
2. To monitor progress of implementation of the resolutions made
by the General Assembly, the Board and the Standing Committee;
3. To sign the important documents on behalf of ISC
4. The ViceChairman, Secretary-General or ViceSecretary-General
assume the office as Juridical Person accredited by the Chairman
shall has the right to sign the documents or accompanied with the
Chairman to sign the important documents.
Section 29.
The authority of SecretaryGeneral includes:
1. To take charge of routine work, to implement the annual work
plan;
2. To implement the resolutions made by the General Assembly, the
Board and the Standing Committee;
3. To Coordinate works related to all departments of ISC;
4. To nominate ViceSecretaryGenerals and principals of all executive
agency, branch agencies and representative offices, and submitting
the nomination to the Board of trustees or Standing Committee for
vote;
5. To recruit the staff members for the executive agency;
6. To deal with other routine matters.
Article Ⅴ--Principles of Assets Management and Operation
Section 30.
Revenues of ISC:
1. Membership fee;
2. Donations
3. Income of business or serVicein the allowed field
4. Interest
5. Other legal income
Section 31
ISC shall collect membership fee annually according to the regulations
issued by the Ministry of Civil Affairs.
Section 32
The revenues shall be put into used into the business scope and
the development of ISC.
Section 33.
ISC shall strictly stick to national financial regulations, formulate
a set of financial management rules and keep a set of authentic,
accurate and complete accounting records.
Section 34.
ISC shall recruit a professional chartered public accountant. The
accountant must not hold concurrent post as cashier in ISC. Accounting
settlement and supervision are indispensable procedures that the
accountant must follow. When the accountant leaves his/her post
and changes his/her job, he or she must complete all necessary handing-over
formalities.
Section 35.
The assets management of ISC must follow national financial rules
and regulations. ISC shall make annual budget and final accounts
and submit revenue and expenditure report regularly to the General
Assembly, accept supervision by the General Assembly as well as
government designated auditing agencies. The revenues of ISC attributed
to donation and aid, ISC much accept regular auditing carried out
by designated auditing agencies and make public its financial statements
in an appropriate way.
Section 36.
Prior to the leadership's handing over or changing, they must accept
auditing sponsored by the registration and administration department.
Section 37.
The assets of ISC must not be encroached, privately owned or embezzled
by any organization or individuals.
Section 38.
Salary, insurance and welfare of ISC' s full-time employees should
be in the light of relative provisions for institutions.
Article Ⅵ--Amendment
Section 39.
The modification and revision for The Bylaws for ISC must be approved
by the General Assembly.
Section 40.
Prior to coming into effect, the modified and revised articles shall
be presented to registration and administration department for approval
within 15 days after it has been passed through in the General Assembly.
Article Ⅶ---Termination Procedure and Assets Disposal
Section 41.
When ISC automatically dismiss or needs to cancel registration due
to separation or merging, the Board must put forward a motion for
termination in advance.
Section 42.
The termination motion must be passed through the General Assembly
and submit it to responsible department for review.
Section 43.
Prior to termination, ISC shall set up a clearing group supervised
by the responsible departments, dealing with creditor's rights,
debts and another things. During the clearing period, it shall not
undertake other activities out of the clearing.
Section 44.
Prior to termination, ISC shall finish the canceling formality in
the registration and administration department.
Section 45.
According to the relevant regulations, after termination all the
remaining assets shall be used into aid those undertakings that
have alike missions of ISC.
Article Ⅷ----Supplementary Articles
Section 46.
The General Assembly of ISC has approved this bylaw.
Section 47.
Insofar as meaningful, the Board of trustees of ISC reserves the
right to interpret of these bylaws.
Section 48.
The Ministry of Civil Affairs has already reviewed and approved
this bylaw.
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