Constitution of China Association of Social Welfare and Senior Service

Chapter I General Provisions

Article 1 The name of the Association is China Association of Social Welfare and Senior Service (hereinafter referred to as CASWSS).

Article 2 CASWSS is a non-profitable social organization composed of units and individuals voluntarily engaging in and paying attention to social welfare and senior services. It is a nationwide trade organization.

Article 3 The objective of CASWSS is to promote the development of social welfare and senior services and improve people’s livelihood, adhering to the scientific outlook on development, abiding by national laws and regulations as well as policies, and promoting policy implementation, publicity and education, international cooperation and exchanges, and industry development; to actively lead people from all walks of life to participate in the social welfare and senior services and promote the socialization of social welfare; and to maintain social equity and promote social harmony and progress. 

Article 4 CASWSS is registered in the Ministry of Civil Affairs of China as a legal entity and is under the supervision of Ministry of Civil Affairs. It also receives business guidance from the Ministry of Civil Affairs. 

Article 5 CASWSS is located at 11/F, Zhongcai Building, No.48, Guanganmennan St., Xicheng District, Beijing 100037, China.

Chapter Ⅱ Business Scope

Article 5 Business Scope of CASWSS is as follows:

(1) To implement the state’s principles and policies and related laws and regulations concerning social welfare, and cooperate with relevant government departments to promote the scientific development of social welfare and senior services.

(2) To carry out the research and publicity of social welfare and senior services theories and policies, organize theory and practice communications and promote the implementation of policies so as to advance the construction of social welfare and senior service systems.

(3) To carry out exchanges and cooperations with organizations of social welfare and senior services from Hong Kong, Macao, Taiwan and overseas countries, and use their experience for reference in order to promote the development of China's social welfare.

(4) To guide the social resources into the field of social welfare, to advocate the running of social welfare and senior services by working together with industrial and commercial enterprises, social organizations and people from all walks of life, so as to promote the social welfare socialization.

(5) To implement the work on the legalization and standardization of social welfare, and be cooperative to the publicity and implementation of industry standards of all types of welfare service organizations. Upon the authorization or entrustment of competent department, to undertake the industry level assessment and senior manager's qualification training in service agencies, so as to promote the talents building and improve the service quality.

(6) To focus on the carrying out of standardization, informatization and talents building by cooperating with the government. To undertake government’s entrusted projects and actively promote these projects’ results.

(7) To focus on the construction of senior service assessment system and conducting assessments by cooperating with the government, and provide assessment service for the third party.

(8) To focus on the talents building by cooperating with the government, and conduct the research and development of senior service vocational skills textbooks and qualification training by project cooperation. 

(9) To actively promote the construction of social welfare culture and praise the model deeds so as to contribute to the social harmony.

(10) To promote regulations construction of the social welfare and senior service industry. To regulate the industry practices, strengthen internal management, and promote the industry self-discipline.

(11) To play the role of providing services and reflecting demands, provide relevant legal consultancy service and safeguard legitimate rights and interests of the industry.

(12)To undertake matters entrusted by the government and related organizations.

Chapter III Membership

Article 7 Membership of CASWSS is classified into corporate members and individual members.

Article 8 Applicants for membership shall fulfil the following conditions:

 (1) Comply with the Constitution of CASWSS

 (2) Apply for membership voluntarily

 (3) Corporate members shall fulfil one of the following conditions:

a. social welfare associations (industry association), senior service associations, social welfare centers, and senior service guidance centers of all provinces （cities and municipalities）, Xinjiang Production and Construction Corps, and cities specifically designated in the state plan.

b. various senior service institutions and corporations

c. welfare service institutions devoted to help orphans, the disabled, and mental rehabilitation

d. institutions and teaching units engaged in the study on service management technology of social and welfare services and senior services

e. social welfare corporations engaged in producing social welfare service products, designing and producing senior service equipment and organizing the employment of the disabled

f. other organizations and institutions supporting the development of social welfare services and senior services

(4) Individual members shall fulfill one the following conditions:

a. experts or scholars having certain influence in the field of social welfare and senior service

b. famous social elites and entrepreneurs actively participating in the construction of social welfare services and senior services

c. administrators managing the affairs of social welfare institutions, senior service institutions, senior service corporations, relevant scientific research institutions and welfare corporations

d. people who are engaged in social welfare, senior service, and social work

Article 9 Procedures to membership:

(1)  Submit the application for membership

(2)  Be discussed and passed by the Council or Standing Council

(3)  Be granted the membership card by the Council or the institution authorized by the Council

Article 10 Members enjoy the following rights:

(1)  The right to vote and to be selected

(2)  Attend the activities of CASWSS

(3)  Preferential access to services provided by CASWSS

(4)  The right to criticize and make suggestions and the right of supervision

(5)  Voluntary enrollment and free withdrawal

(6)  The right to recommend membership

Article11 Members shall perform the following obligations:

(1) Execute the resolutions by CASWSS

(2) Safeguard the legal interests of CASWSS

(3) Accomplish the work assigned by CASWSS

(4) Pay the membership fee as required

(5) Report situation and provide relevant data and information

Article 12 Members who want to withdraw the membership shall submit a written notice and send back the membership card. The membership shall be ceased automatically if members failed to pay the membership fee or attend the activities held by CASWSS.

Article 13 Members who violate the Constitution shall be given warning, serious warning or be deprived of the membership after the approval by the Council and Standing Council on a case-by-case basis.

Chapter IV Organs and Election

Article 14 The top policy-making organ of CASWSS is the General Meeting. The General Meeting shall exercise the following functions:

(1) Formulate and revise the Constitution

(2) Elect or recall members of the Council

(3) Review working reports and financial reports of the Council 

(4) Set and revise the standard for membership fees

(5) Resolve on dissolution of the Association

(6) Resolve on other significant issues

Article 15 The General Meeting can only be held when over two thirds of the members are present. Resolutions made at the meeting can only take effect when over half of the members approve by voting.

Article 16 The General Meeting is held once every five years. The term can be shortened or prolonged (for one year at most) if necessary, with the approval by the Council and then the review and approval by the Ministry of Civil Affairs.

Article 17 The Council is the executive organ of the General Meeting and is responsible for the General Meeting. It leads the team to carry out daily work when the General Meeting is not in session.

Article 18 The Council shall exercise the following functions:

(1) execute the resolutions by the General Meeting

(2) elect and recall the chairman, vice chairman, secretary general, and  members of the Council

(3) Make preparations for the General Meeting

(4) Report the work and financial conditions to the General Meeting

(5) Resolve on the enrollment and dismissal of members

(6) Set up offices, branches, representative institutions, and entities

(7) Appoint deputy secretary general and main heads of different organs

(8) Lead all organs to carry out work

(9) Formulate internal management system

(10)Set up honorary positions and deciding suitable person

(11)Resolve on other significant issues

Article 19 The Council is held once a year and can be held through communication medium if necessary.

Article 20 The Council can only be held when over two thirds of the members are present. Resolutions made at the council can only take effect when over two thirds of the members approve by voting.

Article 21 The Standing Council of CASWSS is selected by the Council. The number of members in the Standing Council shall be no more than one third of that in the Council; the Standing Council is responsible for the Council and shall exercise the eight functions in Article 18 (1/3/5/7/8/9/10) when the Council is not in session.

Article 22 The Standing Council can only be held when over two thirds of the members are present. Resolutions made at the council can only take effect when over two thirds of the members approve by voting.

Article 23 The Standing Council is held once a half year and can be held through communication medium if necessary.

Article 24 Major work shall be discussed and decided by the Chairman’s Meeting when the Standing Council is not in session. The Chairman’s Meeting is composed of chairman, vice chairman and secretary general and is chaired by the Chairman. The Chairman’s Meeting can only be held when over two thirds of the members are present. Resolutions made at the meeting can only take effect when over two thirds of the members approve by voting.

The Chairman’s Meeting shall exercise the following functions:

(1) Implement the resolutions by the Council and the Standing Council

(2) Formulate annual working plan and working system to be submitted to the Council and Standing Council for approval

(3) Discuss issues needing group decision in daily work; major issues shall be submitted to the Council and Standing Council for review and approval

Article 25 The chairman, vice chairman, and secretary general should be qualified for the following conditions:

(1)Stick to the Party’s policies, and abide by national laws and regulations, with good political quality;

(2)Have devotion to social work and can play an important role in handling the business of the Association;

(3)The maximum age for chairman, vice chairman, and secretary general is no more than 70 and secretary general is a full time post;

(4)Be in good health and can work regularly;

(5)Never be subject to the criminal punishment of depriving political right  

(6)Have full capacity for civil conduct

Article 26 The chairman, vice chairman, 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 27 The chairman, vice chairman, and secretary general selected with a term of 5 years shall not serve for more than two consecutive terms. Request for extension of the term of office shall be voted by the Standing Committee and submitted to the Ministry of Civil Affairs for review and approval. Passed by over two thirds of the members at the General Meeting, the request then takes effect. 

Article 28 The legal person of CASWSS is the chairman. Request for the Secretary General to be the legal person shall be submitted to the Ministry of Civil Affairs for review and approval and then the Secretary General can fulfill relevant duties. Legal person will sign, on behalf of CASWSS, important documents and shall not be the legal person of other associations.

Article 29 The Chairman shall exercise the following functions:

(1)Convene and preside over the Council, Standing Council, and the Chairman’s Meeting

(2)Inspect the implementation of resolutions made by the General Meeting, Council and the Standing Council

Article 30 The Secretary General shall exercise the following functions:

(1)Propose to convene the Chairman’s Meeting

(2)Direct administrative agencies to carry out daily work; organize the implementation of annual working plan

(3)Coordinate branches, representative institutions, and entities to carry out work

(4)Nominate deputy secretary general and heads of administrative agencies, branches, representative institutions, and entities and submit the list of candidates to the Council or Standing Council for decision.

Chapter V Principles of Use and Management of the Assets 

Article 31 Main sources of income of CASWSS:

(1) Membership dues

(2) Donations

(3) Funds from the government

(4) Income generated from paid activities and services within   authorized business scope

(5) Interests

(6) Other legitimate incomes

Article 32 CASWSS charges membership dues according to relevant state regulations.

Article 33 Incomes shall be used in specified business scope by the Constitution and for the development of causes and shall not be distributed among members

Article 34 A strict financial management system shall be set up to ensure legal, authentic, accurate and entire accounting data.

Article 35 CASWSS has qualified accountants who are not allowed to hold the post of cashier. Accountants should conduct accounting and accounting supervision. Accountants shall complete the handing-over procedures with takeover personnel when they transfer work or leave the post, the procedure of relief of the shift must be done with the successor.

Article 36 The management of assets should be in accordance with state regulations, and receive supervision by the General Meeting and the financial sector. Incomes from state appropriation, social donations and funds shall receive the supervision of the audit organ and be promulgated to public in a proper manner. 

Article 37 Financial audit ought to be given by the Ministry of Civil Affairs before expiration of each session or change of legal representative.

Article 38 No unit or individual is allowed to misappropriate, privately divide, and embezzle the assets of the Association.

Article 39 Wages, insurance and welfare for full-time staff of the Association should be in accordance with state regulations on public institutions.

Chapter VI Procedure of Modification of the Constitution

Article 40 The modification of the Constitution shall be voted by the Council and submitted to the General Meeting for review.

Article 41 The modified Constitution shall be submitted to the Ministry of Civil Affairs for review and approval within 15 days after the voting by the General Meeting and then will take effect.

Chapter VII Procedure of Termination and Settlement of Property

Article 42 The decision to terminate the association due to objective fulfilled, voluntary disbanding, separating or merger should be made by the Council or the Standing Council.

Article 43 The termination motion should be voted in the council and be submitted to the Ministry of Civil Affairs for review and approval.

Article 44 Before termination, a liquidation organization should be set up under the guidance of the Ministry of Civil Affairs and related organs to settle claims and debts and aftermath. During liquidation, activities irrelevant with liquidation shall not be carried out.

Article 45 Termination will take effect after cancellation of the registration in the Ministry of Civil Affairs.

Article 46 Residual properties after liquidation ought to be used in causes concerned with the objective of the association under supervision of the Ministry of Civil Affairs according to relevant state regulations.

Chapter VIII Supplementary Articles

Article 47 This Constitution is voted and approved in the Sixth Session of the First Council on Apr.20, 2015.

Article 48 The power of interpretation of the Constitution is vested in the Council of China Association of Social Welfare and Senior Service.

Article 49 This Constitution will come into force when it is ratified by the Ministry of Civil Affairs.