Provisional Regulations on the Registration of Public Institutions (Revision 2004)
Promulgation Authority: State Council
Release date: 2004-06-27
Effective on 2004-06-27
Chinese Name : 事业单位登记管理暂行条例（2004修订）
Source: https://www.gov.cn/gongbao/content/2004/content_62852.htm
(Promulgated by Decree No.252 of the State Council of the People’s Republic of China on 25 October 1998, and revised in accordance with the Decision of the State Council on Revising the Provisional Regulations on the Registration of Public Institutions on 27 June 2004)
Article 1 In order to regulate the registration of public institutions, protect the legitimate rights and interests of public institutions, and give play to the role of public institutions in the development of socialist material and spiritual civilization.
Article 2 Public institutions as mentioned herein refer to the social service organizations sponsored by state organs or other organizations, by using state-owned assets for the benefit of the public, to engage in education, science and technology, culture, health and other activities.For-profit operating organizations established by public institutions in accordance with the law shall conduct independent accounting, and shall be registered according to the laws and regulations governing companies, enterprises and other operating organizations.
Article 3 After being approved to be established by the people’s governments at the county level or above and relevant competent department thereunder (hereinafter collectively referred to as the “approval authorities”), public institutions shall go through the registration or record-filing formalities in accordance with these Regulations.Public institutions shall have the status of a legal person.
Article 4 Public institutions shall abide by the Constitution, laws, regulations and policies of the State.
Article 5 The authorities for registration of public institutions (hereinafter referred to as the “registration authorities”) subordinate to the authorities for public sector reform under the people’s governments at the county level or above are responsible for the registration of public institutions. The authorities for public sector reform under the people’s governments at the county level or above shall strengthen the supervision and inspection of the registration activities carried out by registration authorities.Public institutions shall be registered hierarchically. The measures for hierarchical registration shall be formulated by the authority for public sector reform under the State Council.
Where it is otherwise provided on supervision and administration of public institutions in laws or administrative regulations, such provisions shall prevail.
Article 6 To apply for being registered as a legal person, a public institution shall meet the following requirements:
(1) its establishment has been approved by the approval authority;
(2) it has its own name, organizational structure and premise;
(3) it has employees suitable for its business activities;
(4) it has the sources of funding suitable for its business activities; and
(5) it has the ability to bear civil liability independently.
Article 7 To apply for being registered as a legal person, a public institution shall submit the following documents to the registration authority concerned:
(1) an application for registration;
(2) approval document issued by the approval authority;
(3) proof of the right to use a premise;
(4) proof of the sources of funding; and
Article 8 A registration authority shall, within 30 days after receiving an application for registration, examine the application according to these Regulations, and decide whether to approve or disapprove the registration. If the registration is approved, a Registration Certificate for a Public Institution as a Legal Person shall be issued; and if the registration is disapproved, the reasons for the disapproval shall be explained to the applicant.The items of registration of a public institution as a legal person include: name, domicile, purposes, business scope, legal representative, sources of funding (start-up capital), etc.
Article 9 A registered public institution may engrave its seal and apply for opening a bank account on the strength of the Registration Certificate for a Public Institution as a Legal Person. The public institution shall file the design of its seal with the registration authority concerned for the record.
Article 10 When it is necessary for a public institution to change any items of registration, the public institution shall go through the formalities for registration of the change with the registration authority concerned.
Article 11 A public institution which possesses the conditions for a legal person and has acquired the status of a legal person on the date of establishment according to law, or a public institution which possesses the conditions for a legal person, have been examined or registered by the relevant competent department and have obtained the corresponding practice license according to law or any relevant administrative regulation will not be required any longer to go through the formalities for registration as a legal person, and the relevant competent department shall file the public institution with the registration authority concerned for the record according to the provisions on hierarchical registration.Public institutions directly subordinate to the people’s governments at the county level or above shall directly file for record with registration authorities.
Article 12 A public institution shall file for record its practice license or approval document, in addition to the items specified in the second paragraph of Article 8.The registration authority shall, within 30 days after receiving the record-filing documents submitted by a public institution, issue a Registration Certificate for a Public Institution as a Legal Person to the public institution.
Article 13 Where a public institution is revoked or dissolved, it shall go through the formalities for deregistration or deregistration filing with the registration authority concerned.Before going through the formalities for deregistration, the public institution shall, under the guidance of the approval authority, set up a liquidation group to complete liquidationThe public institution shall, within 15 days after completion of liquidation, go through the formalities for deregistration with the registration authority concerned. To apply for deregistration, the public institution shall submit the document on its revocation or dissolution and the liquidation report; and the registration authority concerned shall take back the Registration Certificate for a Public Institution as a Legal person and the seal.
Article 14 The registration or record-filing of a public institution, change of its name or domicile, or deregistration or deregistration filing shall be publicly announced by the registration authority concerned.
Chapter 3 Supervision and Administration
Article 15 The legitimate income obtained by a public institution from its activities in accordance with the relevant provisions of the State shall be used for activities in conformity with its purposes and business scope.Any donation or financial aid to be received by a public institution shall be in conformity with the purposes and business scope of the public institution, and shall be used according to the time limit, methods and legitimate purposes as agreed upon with the donor or sponsor.
Article 16 Public institutions shall abide by the relevant financial and pricing management systems prescribed by the State, and shall subject themselves to the supervision by financial and audit authorities.
Article 17 Public institutions shall, prior to March 31 each year, submit to registration authorities and approval authorities respectively the reports on implementation of these Regulations for the previous year.
Article 18 Where a public institution fails to go through the formalities for registration in accordance with these Regulations, the registration authority concerned shall order it to complete such formalities within a time limit; and if it fails to do so within the prescribed time limit, the registration authority may suggest to impose disciplinary sanctions on the person in charge of the public institution and other personnel directly liable.
Article 19 Where a public institution falls under any of the following circumstances, the registration authority concerned shall give it a warning and order it to make correction; in serious cases, with the consent of the approval authority concerned, the registration authority shall deregister the public institution, and take back the Registration Certificate for a Public Institution as a Legal Person and the seal from the public institution:
(1) failing to go through the formalities for registration of change or deregistration in accordance with these Regulations;
(2) altering, leasing or lending the Registration Certificate for a Public Institution as a Legal Person or leasing or lending the seal; or
(3) accepting or using any donation or grant in violation of the relevant provisionsIf the public institution violates laws or other regulations, it shall be dealt with by the relevant authorities.
Article 20 Any functionary of a registration authority who abuses his/her power, neglects his/her duty or practices fraud for personal gains shall be investigated for criminal liability in accordance with the law where a crime is constituted; or shall be subject to administrative sanctions in accordance with the law where a crime is not constituted yet.
Chapter 4 Supplementary Provisions
Article 21 The format of the Registration Certificate for a Public Institution as a Legal Person shall be determined by the authority for public sector reform under the State Council.
Article 22 The public institutions established prior to the effectiveness of these Regulations shall, within one year from the effective date of these Regulations, go through the formalities for registration or record-filing in accordance with the relevant provisions of these Regulations.
Article 23 These Regulations become effective as of the date of promulgation.