By-law for Internet society of China

2011-08-09 10:17:24

By-law for Internet society of China (ISC)

(Have been passed at the first session of Congress of ISC on May 25th, 2002 and its amendment has been reviewed and passed at the second session on August 31st, 2004)

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 focus on 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 laws.

Section 3.

The purpose of ISC is

1. to abide by the laws and regulations,follow social morality; to be a link between members, to form self-regulation and create good reputation in 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 national policies, laws 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-disciplined 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 policies,laws and regulations for members,transmit the wishes and requests of its members to the authority, enhance the communication and liaison between the responsible departments and members;

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 launch works of information collection,systematization,statistics, analysis and research of China Internet industry; research the development strategy and policy of China's Internet, promote the exploitation of Internet's application, and discuss the development plan of the Internet, make proposal and advice to 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 between 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, and it also includes individuals well-known in China Internet community. The Standing Committee of ISC shall be responsible for formulating and implementing the procedures of membership admission.

Section 8.

The applicants should meet the following criteria to become the members of ISC:

l. to abide by national constitution,laws and regulations and uphold this By-law;

2. to be willing to join ISC,to take part in ISC's activities and support ISC 's work.;

3. the organizational members should be legal Internet-related enterprises,scientific,educational or academic bodies .

4. the personal members should refer to Chinese citizens who have certain expertise and made contribution to the Internet community.

Section 9.

The procedures of membership admission is:

1. Organizational members

the organizational applicants accorded with the requirements of 1),2), 3)of Section 8 above shall get the approval and member certificate after the review.

2. Personal members

the personal applicants accorded 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 take the rights as fol1ow:

1. with the right to vote and to stand for election;

2. with the right to make comment, advice and 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 By-law;

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 By-law;

2. to fulfill all tasks trusted by ISC,to safeguard ISC's reputation and members' legal rights;

3. to participate in activities organized by ISC actively;

4. to pay membership fee according to related regulations (the charging standards shall be set by the Board of ISC after consulting with the members);

5. to make comment, advice and contribution for the development of ISC;

6. to provide related information and material for ISC.

Section 12.

Members who wish to terminate the membership must inform ISC in written notification in advance and return certificates. Any member who refuses pay membership fee to ISC without any proper reason up to one calendar year shall be henceforth regarded as automatic secession.

Section 13.

Any infringement against By-law of ISC conducted by any member shall be excluded from the organization after the Board or the Standing Committee's approval.

ARTICLE Ⅳ Organizational Structure and the Procedure of Election and Changing of the Leadership

Section 14.

The election of representatives of members, Board members, Standing Committee members or other officials should ful1y reflect the principle of democratic centralism. The Congress of ISC is the supreme organ of powers. The functions of the Congress are as follow:

1. to formulate and amend the By-law of ISC;

2. to vote in the Board of ISC, to elect and change the Board members;

3. to review work report and financial reports of the Board;

4. to make important resolutions;

5. to decide the vital and important events and termination of ISC.

Section 15.

The Congress can be only convened with attendance at least two--thirds of all the representatives, and with at least two-thirds of all the participating representatives voting for support can make the resolutions become effective.

Section 16.

Each Congress' term shall last three years. In case there is any special occasion to change the duration,it shall be passed by the Board. Besides, it should submit the report to 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 ISC shall be elected by the Congress and all Board members shall hold office for a term of three years. The Board shall be the executive body of the Congress to direct the affairs of ISC and be responsible for the Congress. The Board shall consist of a Chairman, Vice Chairmen, a Secretary General and Board member(s).

Section 18.

The functions of the Board include:

1. to execute the resolutions of the Congress;

2. to elect and change the Chairman, Vice Chairman and Secretary General of the Board;

3. to prepare the conference of the Congress;

4. to submit and deliver the work report and financial reports to the Congress;

5. to make decisions on enrollment and dismissal of members of ISC;

6. to decide to establish administrative bodies, branch bodies, representative bodies and entity bodies of ISC;

7. to recruit deputy secretary general(s) and directors of all departments;

8. to direct the operation of all departments of ISC, to make out the mid-term and short-term working p1ans;

9. to formulate internal administrative regulations;

10. to make decisions on general matters of ISC.

Section 19.

With at least two-thirds Board members' attendance shall legally convene the Board meeting and the resolutions shall become effective only with half of affirmative votes from the Board members.

Section 20.

Meetings of the Board shall be held at least annually, and the meeting also can be run by means of teleconference or by any means of electronic communications.

Section 21.

ISC shall establish the Standing Committee, whose members include the ones elected by the Board and the other ones coming from the chairmen of Provincial Societies. When the Board is not in session,the Standing Committee should exercise the functions listed in1),3),5),6),7),8)and 9)of section l8 above.It shall be responsible for the Board.Based on requirements of work,the Standing Committee may nominate the well-known people both in home and aboard who play a vital role in the development of China's internet to be honorary chairman,Board member(s) or consultant(s )of ISC.

Section 22.

With at least 2/3 Standing Committee members' attendance 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; it also can be run by means of teleconference or by any means of electronic communications in special occasions.

Section 24.

The qualifications of the Chairman, Vice-chairman and Secretary General includes:

1. abiding by the national laws and regulations;

2. being of great influence in the scope of business of ISC;

3. being under the age of 70; (Secretary General and Vice-secretary General shall work full-time for ISC);

4. being healthy and competent for the work;

5. having no criminal records;

6. being with full civil capacity.

Section 25.

The Chairman, Vice-chairman and Secretary General with the age above 70, their reelection shall be approved by the Board of ISC, responsible departments and social organization registration agency if there is the need for the work of ISC.

Section 26.

The office term of Chairman, Vice-Chairman and Secretary General shall last years. The succession for reelection shall not exceed two terms. If there is the need for their reelection shall be adopted by the affirmative votes of at least 2/3 of Board members and approved by responsible departments and social organization registration agency.

Section 27.

The Chairman is the legal representative of ISC. In special cases, the Vice-chairman, Secretary General or Vice-secretary General could be the legal representative of ISC; it should subject to the approval of the Board, responsible departments and social organization registration agency. 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 the meeting of the Board and the Standing Committee;

2. to monitor the progress of implementation of the resolutions made by the Congress, the Board and the Standing Committee;

3. to sign the important documents on behalf of ISC;

4. in special occasions, the Vice-chairman, Secretary General or Vice-secretary General could play the role as the legal representative of ISC; accredited by the Chairman they have the authority to sign the documents or accompanied with the Chairman to sign the important documents.

Section 29.

The authority of Secretary General includes:

1. to take charge of daily affairs and to implement the annual work plan;

2. to implement the resolutions made by the Congress, the Board and the Standing Committee;

3. to coordinate works related to all departments of ISC;

4. to nominate Vice-secretary Generals and directors of all executive bodies, branch bodies, representative bodies and entity bodies, and then submit the nomination to the Board or the Standing Committee to decide;

5. to recruit the staff members for the executive bodies;

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 service in the allowed field

4. Interest

5. Other legal income

Section 31

ISC shall collect membership fee annually according to relevant regulations.

Section 32

The revenues shall be put into used into the business scope and the development of ISC, not be distributed among the members.

Section 33.

ISC shall strictly stick to the national financial regulations and formulate a sound set of financial management rules, 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 Congress; accept supervision by the Congress 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 departments.

Section 37.

The assets of ISC must not be encroached, privately owned or embezzled by any organizations 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 amendment and revision for the By-law of ISC must get the approval of the Congress.

Section 40.

Prior to coming into effect, the modified and revised articles shall be submitted to responsible departments and social organization registration agency for approval within 15 days after it has been passed through in the Congress.

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 or the Standing Committee must put forward a motion for termination in advance.

Section 42.

The termination motion must be passed through by the Congress and submitted to responsible department for approval.

Section 43.

Prior to termination, ISC shall set up a clearing group supervised by the responsible departments, dealing with creditor's rights, debts and other 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 social organization registration agency.

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.

This By-law should be passed by the Congress of ISC.

Section 47.

Insofar as meaningful, the Board of ISC reserves the right to interpret of this By-law.

Section 48.

This By-law shall be put into effect on the date receiving the approval of the Ministry of Civil Affairs.