May 31, 2010
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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]
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]
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:


I. Guiding Ideology and Overall Requirements for the Reform and Development of Trade Associations
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.
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.
II. Actively Expanding the Functions of Trade Associations
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.
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.

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