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Some Opinions of the General Office of the State Council about Accelerating and Promoting the Reform and Development of Trade Associations and Chambers of Commerce
[Effective]
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国务院办公厅关于加快推进行业协会商会改革和发展的若干意见
[现行有效]
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【法宝引证码】
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Some Opinions of the General Office of the State Council about Accelerating and Promoting the Reform and Development of Trade Associations and Chambers of Commerce
(No. 36 [2007] of the General Office of the State Council)
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, all ministries, commissions and directly subordinate institutions of the State Council:
Since the implementation of the reform and opening up policies, the trade associations and chambers of commerce (hereinafter referred to as trade associations) of our country have developed fairly quickly, and played an important role in the aspects of providing policy consultancy, strengthening industrial self-discipline, promoting industrial development and maintaining the legitimate rights and interests of enterprises, etc., however, problems still exist, such as irrational structure of the trade associations, their unremarkable role and unregulated due to inadequate laws and regulations, lack of supporting policies and measures and imperfect management system. The Third Plenary Session of the 16th CPC Central Committee points out that it is necessary to regulate and develop various kinds of trade associations and other self-disciplinary organizations according to the market-oriented principle. The Sixth Plenary Session of the 16th CPC Central Committee further reinforces the perseverance in the policy of putting equal importance on fostering and development as well as on management and supervision, improving, fostering, supporting and lawfully managing social organizations, exerting the roles of various kinds of social organizations in offering services, reflecting complaints and regulating conducts, and serving for economic and social development. In order to accelerate and promote the reform and development of trade associations, and adapt to the requirements of new tendencies, and upon approval of the State Council, the following opinions are put forward as follows:
| | 国务院办公厅关于加快推进行业协会商会改革和发展的若干意见
（国办发〔2007〕36号）
各省、自治区、直辖市人民政府，国务院各部委、各直属机构：
改革开放以来，我国行业协会、商会（以下统称行业协会）发展较快，在提供政策咨询、加强行业自律、促进行业发展、维护企业合法权益等方面发挥了重要作用。但是，由于相关法律法规不健全，政策措施不配套，管理体制不完善，行业协会还存在着结构不合理、作用不突出、行为不规范等问题。党的十六届三中全会指出，要按市场化原则规范和发展各类行业协会等自律性组织；十六届六中全会进一步强调，要坚持培育发展和管理监督并重，完善培育扶持和依法管理社会组织的政策，发挥各类社会组织提供服务、反映诉求、规范行为的作用，为经济社会发展服务。为加快推进行业协会的改革和发展，更好地适应新形势的需要，经国务院同意，现提出以下意见：
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I. Guiding Ideology and Overall Requirements for the Reform and Development of Trade Associations
| | 一、行业协会改革发展的指导思想和总体要求
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1. Guiding ideology: it is necessary to be guided by the Deng Xiaoping Theory and the important thoughts of “Three Represents”, fully implement the scientific view of development, follow the general requirements of perfecting the socialist market economic mechanism and adopt the measures of straightening out the relations, optimizing the structure, improving the supervision, strengthening the self-discipline, improving the policies, and strengthening the construction of trade associations so as to accelerate and promote the reform and development of trade associations, gradually establish a system of trade associations with perfect framework, rational structure, good conducts and perfect legal system, and bring into full play the important role of trade associations in the economic construction and social development.
| | （一）指导思想。以邓小平理论和“三个代表”重要思想为指导，全面贯彻落实科学发展观，按照完善社会主义市场经济体制的总体要求，采取理顺关系、优化结构，改进监管、强化自律，完善政策、加强建设等措施，加快推进行业协会的改革和发展，逐步建立体制完善、结构合理、行为规范、法制健全的行业协会体系，充分发挥行业协会在经济建设和社会发展中的重要作用。
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2. General requirements: The first is to adhere to the market orientation. Efforts shall be put on the perfection of the systems and the mechanisms as well as the improvement of policies so as to create a good development environment, optimize the structure and layout, enhance the quality of trade associations, and strengthen their service abilities. The second is to adhere to the separation of government functions from enterprise management by straightening out the relationship between the government and trade associations, clarifying the functions of trade associations, improving and regulating the management mode of trade associations. The third is to adhere to the coordinated overall arrangement, putting equal importance on fostering and development as well as on regulation and management, and coordinating the reform of trade associations and the transformation of governmental functions; and the fourth is to adhere to lawful supervision. We'll speed up the legislation process, improve rules and systems, so as to achieve the goal of lawful establishment, democratic management, normalized conduct and self-disciplinary development of trade associations.
| | （二）总体要求。一是坚持市场化方向。通过健全体制机制和完善政策，创造良好的发展环境，优化结构和布局，提高行业协会素质，增强服务能力。二是坚持政会分开。理顺政府与行业协会之间的关系，明确界定行业协会职能，改进和规范管理方式。三是坚持统筹协调。做到培育发展与规范管理并重，行业协会改革与政府职能转变相协调。四是坚持依法监管。加快行业协会立法步伐，健全规章制度，实现依法设立、民主管理、行为规范、自律发展。
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II. Actively Expanding the Functions of Trade Associations
| | 二、积极拓展行业协会的职能
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3. Giving full play to their role as bridges and links. The people's governments at various levels and their instrumentalities shall further transform their functions, entrust or transfer out to the trade associations those functions suitable for them. Before the promulgation of major policies or measures involving the development of an industry, the suggestions and opinions of the relevant trade associations should be vigorously solicited. A trade association shall endeavor to adapt to the new trends, improve its working style, carry out in-depth investigations into and study of the relevant industry, actively reflect the claims of the industry and its members to the government and the departments thereof, put forward its opinions and suggestions for industrial development and legislation, etc., actively participate in the study and formulation of the pertinent laws, regulations, macro control and industrial policies, participate in the formulation and revision of the industrial standards, industrial development plans, industrial entry requirements, improve the industrial management and promote the industrial development.
| | （三）充分发挥桥梁和纽带作用。各级人民政府及其部门要进一步转变职能，把适宜于行业协会行使的职能委托或转移给行业协会。在出台涉及行业发展的重大政策措施前，应主动听取和征求有关行业协会的意见和建议。行业协会要努力适应新形势的要求，改进工作方式，深入开展行业调查研究，积极向政府及其部门反映行业、会员诉求，提出行业发展和立法等方面的意见和建议，积极参与相关法律法规、宏观调控和产业政策的研究、制定，参与制订修订行业标准和行业发展规划、行业准入条件，完善行业管理，促进行业发展。
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4. Strengthening industrial self-discipline. The combination of administrative law enforcement and industrial self-discipline is an important element in the improvement of the market supervisory system. With an important duty of implementing the industrial self-discipline, a trade association shall focus on the regulation of the market order, perfect the various self-disciplinary management rules, formulate and organize the implementation of the code of industrial professional ethics, vigorously promote the industrial credit construction, establish and improve an industrial self-disciplinary management and restrictive mechanism, regulate the conducts of its members, coordinate the relationship between members, and maintain a market environment with fair competition.
．．．．．． | | （四）加强行业自律。行政执法与行业自律相结合，是完善市场监管体制的重要内容。行业协会担负着实施行业自律的重要职责，要围绕规范市场秩序，健全各项自律性管理制度，制订并组织实施行业职业道德准则，大力推动行业诚信建设，建立完善行业自律性管理约束机制，规范会员行为，协调会员关系，维护公平竞争的市场环境。
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