□ Our reporter Pu Xiaolei
The Ministry of Civil Affairs recently announced the "Measures for the Management of the Names of Social Organizations" (hereinafter referred to as the "Measures"), which provides unified regulations on the management of the names of social organizations. The "Measures" will come into effect on May 1.
The relevant person in charge of the Ministry of Civil Affairs introduced in an interview with reporters that there are nearly 900,000 social organizations in my country, including social groups, foundations and private non-enterprise units. At present, my country has specific regulations on the name management of foundations and private non-enterprise units, but the legislation on the names of social groups is still blank. The "Measures" provide standardized expressions for the names of social groups for the first time, which is conducive to improving administrative management efficiency, solving outstanding problems, establishing a standardized management order, and forming a unified name management system for social organizations.
Generally not named after natural persons
The relevant person in charge of the Ministry of Civil Affairs said that Article 15 of the "Measures" stipulates the use of "natural person names", that is, personal names, by social organizations. Paragraphs 1, 4, and 5 are general provisions, and paragraphs 2 and 2 The three sections are still differentiated and stipulated based on the characteristics of the three types of social organizations.
Article 15 of the Measures stipulates:
Social organizations are generally not allowed to be named after party and state leaders, older generation revolutionaries, or political activists.
Social groups are generally not named after natural persons. If there is a real need, they are limited to outstanding figures who have made significant contributions in the fields of science and technology, culture, health, education, and art and are renowned domestically and internationally.
If a foundation or private non-enterprise unit uses the name of a natural person as its trade name, it must obtain the consent of the natural person. If the name of a deceased celebrity is used as a trade name, the celebrity should be an outstanding figure who has made significant contributions in the relevant public welfare field and enjoys a high reputation domestically and internationally.
If the name of a social organization uses the name of a natural person, the natural person must not be or have been deprived of political rights.
If laws, administrative regulations and relevant national regulations have other provisions regarding the use of natural persons' names, such provisions shall prevail.
The relevant person in charge of the Ministry of Civil Affairs emphasized that in accordance with the provisions of paragraph 5 of Article 15, such as the "Notice of the Ministry of Civil Affairs on the Establishment of Social Groups Named after People" regarding "all social groups named after party and state leaders or political activists" "Groups should report to the Ministry of Civil Affairs" and other regulations still continue to apply.
Don't use misleading text
The "Measures" clarify that if the names of social organizations registered by the Civil Affairs Department of the State Council are approved in accordance with relevant national regulations, they can be named with words such as "China", "National" and "China". If the name of a social organization registered by the registration management authority of the local people's government at or above the county level contains words such as "China", "National", "China", "International", and "World", the words shall be industry field qualifiers. , and comply with relevant national regulations. Misleading words such as "first", "highest" and "national level" shall not be used in the business field in the name of a social organization, except for those with other meanings.
In order to maintain the standardization of the names of social organizations and facilitate public identification, Article 16 of the "Measures" stipulates that social organizations with the same name must not be in the same registration management agency or in the same business field. , other social organizations with the same organizational form have the same name or the same font size in their names. At the same time, the "Measures" reasonably distinguish between social organizations that have undergone name change or deregistration and social organizations that have been subject to administrative penalties, and have different provisions on the number of years for using the names of such social organizations.
In recent years, in practice in many places, social organizations have successively named their internal offices as "professional committees" and "expert committees", confusing offices and branches, causing public misunderstanding, and posing risks to a certain extent. To this end, Article 18 of the "Measures" clarifies that "the names of offices established within social organizations should end with the words 'department', 'department', 'office', etc." and "be distinguished from the names of branches and representative offices." This is the first time that the names of offices established within social organizations have been standardized, making it easier for the public to more clearly identify the internal governance structures of social organizations.
The registration management agency promptly corrects
Article 23 of the "Measures" stipulates that the registration management agency shall promptly correct the names of social organizations registered by the agency that do not meet the regulations.
The relevant person in charge of the Ministry of Civil Affairs said that if the name of a social organization that does not comply with the provisions of the "Measures" is found, the registration management agency should urge the social organization to correct the non-compliant name through name change, cancellation, etc., and at the same time, through annual inspections, evaluations and other means, combined with Normalize the rectification of "zombie" social organizations and strengthen the management of the names of social organizations. In addition, according to the principle of non-retroactivity of the law, before the implementation of the "Measures", if the name of the social organization registered by the registration management authority complies with the pre-implementation regulations, there is no need to correct it; if it is found that it neither conforms to the pre-implementation regulations nor the provisions of this "Measures" , should be corrected in accordance with laws and regulations.
In addition, the "Measures" also stipulates in Article 24 that if a social organization applies for registration or uses a name that violates these Measures, it will be punished in accordance with the relevant laws and administrative regulations on the registration and management of social organizations. Registration management agency staff who take advantage of their positions to commit fraud or neglect their duties in the management of social organization names shall be held accountable in accordance with the law. (Legal Daily)