1 To organize a social association, the promoters of the social association shall apply for a permit from the municipality or county (city) government where the main office of the social association is located, by submitting an Application Form along with a draft of Articles of the Association and a promoters roster. If the places of residence or places of work of the promoters (or a representative of an association which is the substance of a promoter) are spread over seven municipalities or counties (cities) or more, the promoters may apply to the Ministry of the Interior for the formation of a national association. Please refer to Appendix I for the format of the Application Form and Appendix II for the format of the Promoter Roster. 2 A promoter (or a representative of an association which is the substance of a promoter) shall be at least twenty years of age and there shall be more than thirty promoters for a given association. No promoters shall fall under the negative qualifications as defined in Clause 2, Article 8, of the Civil Associations Act. Promoters shall personally sign or seal the promoter roaster, undertaking that abovementioned negative qualifications are not applicable; otherwise, the promoters are personally liable for any legal responsibilities. Promoters shall have their own places of residency or work remain in the area where the association is located. Should a promoter be an individual, the promoter shall submit a copy of the proof of his/her own place of residency or place of work (e.g. photocopy of citizen identification card, driver's license, alien residence certificate, proof of current job and place of work, etc.). Should a promoter be an association, the promoter shall submit a copy of the proof of legal registration of the association (e.g. photocopy of legal registration, company’s license, etc.) Should an applied association name be relevant to specialized academic fields, the promoters shall submit the proof of qualifications in those specialized academic fields. Should an applied association name, tenets, or tasks be relevant to religion, the following documents are required to be submitted: {1} Doctrine and scriptures; {2} The religious leader’s autobiography; {3} Religious ordinances; and {4} Missionary history. 3 Social organizations are classified as follows: {1} Academic and cultural associations: Those with the main functions of promoting educational, cultural, and artistic activities and enhancing academic research. {2} Medical and health associations: Those with the main functions of providing medical services and promoting the health of the citizens. {3} Religious associations: Those with the main purposes of practicing religious beliefs. {4} Physical education and sports associations: Those with the main functions of popularizing sports for all, enhancing physical and mental health, developing competitive sports, strengthening sports technology standards, promoting sports industry, and researching physical education. {5} Social services and charity associations: Those with the main functions of providing social services and holding charity activities. {6} International associations: Those with the main functions of holding international exchange activities as well as promoting the understanding and connections between our citizens and foreigners, which are recognized by the Ministry of Foreign Affairs, with agreement to set their regional headquarters within our country, or with equivalent exchange relationships between our country and their countries. {7} Economic business associations: Those with the main functions of economic business in agriculture (farming, forestry, fishing, animal husbandry, and hunting), industry & mining (mining, manufacturing, water, power, fuel and gas industry, and construction), and services industry (commerce, transportation, storage, communication, finance, insurance, real property, and industrial & commercial services), or related academic research & development. {8} Environmental protection associations: Those with the main purposes of improving environmental quality, engaging in environmental protection, and maintaining environmental resources. {9} Clansmen associations: Those organized by the same family name. {10} Natives associations: Those organized by people with the same native place or birthplace (by province, city, county, or region), but with their locations situated in administrative regions other than the original native place or birthplace; or those international natives associations uniting regional and oversea natives association. {11} Alumni associations: Those with the main functions of maintaining friendships among alumni, including graduates (or ex-students without completion of the schooling) from domestic elementary schools or above; or graduates and certificate receivers from foreign universities or above recognized by Ministry of Education. {12} Other public-welfare associations. 4 The following matters shall be specified in the Articles of the Association: {1} Name: The name shall explicitly indicate the business nature of the association, and shall match with the tenets, tasks, and the qualifications of its members and promoters of the association. {2} Tenets The fundamental goals of the association shall be specified, so as the declaration that the social association is set up in accordance with the law, not a profit-oriented organization. {3} Location: The administrative region where the association is located shall be specified. {4} Address: The association shall be set up in the same area as the regulatory authority, unless otherwise approved by the regulatory authority that the association address can be in other areas. It may not need to list address information as detailed as the street number. Should it be necessary to set up branch organizations (or offices, etc.), it shall be specified that prior approval by the relevant regulatory authorities shall be obtained. {5} Mission. {6} Organizations: The names, compositions and powers of internal implementation and monitoring organizations (e.g. General Assembly, Board of Directors, Board of Supervisors, etc.) shall be specified. {7} Affiliation, disaffiliation, and dismissal of members: [1] Types and titles of members: According to the nature of the association, there may be different types of members, such as individual member (or formal member, regular member, basic member), association member, preparative member (or quasi member), permanent member, student member, sponsor member, honorable member (or honorary member), or other proper titles shall be used. A permanent member as referred in the above paragraph means a member who need not to pay perennial membership fee yearly after having paid a certain sum of perennial membership fee; however, if a permanent member affiliates oneself again with the association after disaffiliation from the association, new membership fees are required according to the provisions set forth in the Articles of the Association. Except for preparative (or quasi) members, sponsor members, honorable member (or honorary member), all other members (or member representatives) shall be twenty (20) years of age or above unless otherwise specified by the regulation. [2] Procedures, qualifications, conditions, and restrictions for affiliation of members. [3] Procedures and conditions for disaffiliation and dismissal of members. {8} The rights and obligations of members: [1] Rights: The rights and obligations of members shall be based on the principal of equality, and the rights entitled to by the members according to the law may not be restricted or deprived of in the Articles of the Association. [2] Obligations: 1) All members have the obligation to observe the Articles and resolutions of the association and to pay membership fees. 2) Clauses for handling (such as suspension of rights, or dismissal of membership) non-payment of membership fees by members according to the related provisions shall be specified. {9} Quotas, authorities, tenures, election, and recall of member representatives, directors, and supervisors: [1] If there are association members (including member organizations and subordinate associations), they shall designate (elect) representatives to execute the rights on their behalf, and the quota of the representatives shall be specified. [2] If the association is subordinate to other higher-level association(s), methods for election and recall of member representatives to attend the higher-level associations shall be specified. [3] If there are more than 300 members (or member representatives) after the establishment of the association, and it is necessary to call a Representatives’ Assembly, then it shall be specified that the Representatives’ Assembly shall be convened and authorities of the General Assembly shall be enacted. Specified into the Articles shall also include the quotas, tenures, the election and recall of the member representatives. [4] The quotas of directors and supervisors shall include positions mutually elected by and from them (such as standing directors, standing supervisors, Chairperson of the Board of Directors, etc.) With the approval of the regulatory authorities, the title of the Chairperson/ Deputy Chairperson of the Board of Directors, and the Convener (standing supervisor) of the Board of Supervisors may be otherwise specified in the Articles of the Association and such titles shall meet the following provisions: 1) The Chairperson of the Board of Directors may be called Chairperson or President, and a Deputy Chairperson may be called Deputy Chairperson or Vice President. 2) The Convener of the Board of Supervisors or the standing supervisor (if there is only one standing supervisor) maybe called Chief Supervisor. {10} Meeting: Meeting types, convening time, meeting frequency, conveners, presiders, conditions for calling, resolution quota, and methods of meetings shall be specified. {11} Funds and accounting: [1] Items and names of financial sources shall be specified. [2] Payment standards and payment methods for admission fees and perennial membership fees shall be specified. [3] It shall be specified that the fiscal year is based on calendar year, and commences from the first (1st) day of January and terminates on the thirty-first (31st) day of December each year. [4] It shall be specified that “Upon dissolution of the association, the residual properties shall be vested in the local autonomous associations in the areas where the association is located or in a department or association designated by regulatory authorities”. {12} Procedures for modification of the Articles of the Association: [1] It shall be specified that the Articles of the Association shall be adopted by General Assembly (or Representatives’ Assembly) before reported to the regulatory authority for approval and implementation. Amendment of the Articles of the Association shall go through the same procedures. [2] The date and the session of the General Assembly (or Representatives’ Assembly) for stipulation and amendment of the Articles of the Association shall be specified in the Articles of the Association, so as the date and file number of the approval issued by the regulatory authority shall be shown. {13} Other matters that should be specified according to other laws and decrees. 5 International associations which are recognized by the Ministry of Foreign Affairs, with agreement to set their local headquarters within our country, shall submit the Articles, introduction, registration certificate (including registration authorities, dates, file numbers, and the nature of the association) of the international headquarters, along with a proof of approval by the international headquarters for the establishment of their regional headquarters within our country. The proof of approval shall be certified and verified by our embassy offices abroad, or local courts and the notary in the foreign country. All document copies shall be in both English and Chinese. International associations which are recognized by Ministry of Foreign Affairs, with equivalent exchange relationships between our country and their countries, shall submit the Letter of Undertaking where the international associations agree to establish corresponding associations for equivalent exchange relationships. The Letter of Undertaking shall be certified and verified by our embassy offices abroad, or local courts and the notary in the foreign country. All document copies shall be in both English and Chinese. 6 To apply for permission to set up a social organization, it is necessary to submit supporting documents. Those who wish to get back their original document copies shall provide duplicates or photocopies of the original documents, with signature and seal to claim the identicalness between the original copies and the duplicates/photocopies. The attached duplicates and photocopies shall be verified by the regulatoryauthority before being enclosed to the application files. 7 In any of the following circumstances, an application form made by a social association shall be deemed as unqualified: {1} The name submitted is the same as that of another social association already approved. {2} The name, tenets, tasks, members and promoters' qualifications are manifestly incommensurate {3} The name submitted is prone to mislead the public because it may suggest relations to government agencies or for-profit organizations, or may interfere with social order or good customs. {4} The contents of the tenets and tasks of the Articles of the Association are manifestly misleading to the public. {5} The tasks of the Articles are not specifically set out, or they are not feasible. {6} The tasks of the Article violate the provisions of the law or include the statutory exclusive tasks of other public or private sectors. However, the restriction shall not apply if such tasks are permitted when co-organized with the public or private sectors. {7} The tenets and tasks set out in the Articles of Association are relevant to specialized academic fields, yet the education, experiences, and occupational expertise of the promoters as listed in the promoter roaster are manifestly incommensurate with the qualifications required in the specialized academic fields, or with qualifications listed in the Articles of the Association. Thus, the tenets as set out at the founding of the association may not be realized. 8 In any of the following circumstances existing in the Articles of the Association, the association shall be deemed as violating the tenet of its establishment: {1} All or a part of the association’s income is vested in certain individuals or the association is profit-oriented. {2} Upon dissolution of the association, the residual properties are vested in natural persons or are intended for profit making. {3} The heritors of members or their beneficiaries are allowed to inherit their rights and interests. {4} Profit-making business is involved in tasks and projects of the association. {5} Any purposes obviously other than public welfare are pursued. 9 Except for the following circumstances, an application for establishment of the social association shall be permitted: {1} The applicant is not at the supervisor position within the Ministry of the Interior. {2} The application documents submitted are incomplete. {3} The application form fails to meet the procedures required. {4} There are sufficient facts confirming that the association is likely to damage the public welfare, social order, or favorable customs. {5} The tenets of the establishment of the associate violates the law. {6} The tenets of the establishment of the association violates the public welfare, social order, or favorable customs. {7} The contents of the Articles of the Associate violate the law or the tenets of the establishment. {8} The tenets of the establishment of the association infringe or are obviously incompliant with the regulatory authorities of the target business. {9} The total amount of financial revenues is obviously insufficient to achieve the tenets of the establishment of the association or to cover the expenses in the operation of the association. {10} Other circumstances that violate the law: If the circumstances as listed in the preceding clauses concern the contents of the Articles of the Association, and can be corrected, then the regulatory authority may first permit the preparation work of the association, and list the contents to be corrected in the documents of permission for preparation. Alternatively, it may be specified that the regulatory authority shall re-examine the Articles of the Association once a draft of the Articles is submitted to the preparation committee and the Founding Assembly for review. 10 Upon receipt of an application for a social association, the regulatory authority shall review the application immediately. In principle, before the application is permitted, the review procedure shall be carried out privately. If the application is rejected, reasons shall be conveyed to the applicant. If a rejected application can be rectified with supplementation, a time limit shall be set for the application to provide supplementation or correction. If the applicant fails to submit the supplementation within the time limit, the application shall not be approved. If the application should be permitted, the applicant shall be notified to prepare for establishment of the association within six (6) months, and the permit shall be cancelled after the aforementioned preparation term expires. However, with the approval of the regulatory authority, the preparation term may be extended by up to three (3) months. Rejection of an application shall be done in writing but not verbally or by returning the application form. The application documents, which may not be returned to the applicant at the discretion of the regulatory authority. 11 When reviewing an application for permit of social association, if the contents of the Articles of the Association contain a target business that shall be governed by the regulatory authorities, the said authority shall review the case jointly with the regulatory authority of the target business. Moreover, other related departments may be involved for negotiation if necessary where a review committee may be established to handle the application. 12 On the matter of reviewing an application for permit of social association, the regulatory authority shall review the application and make a decision within two (2) months from the next day the application form is received. If the regulatory authority needs to negotiate with other departments, the reviewing period may be extended by up to two (2) months where necessary; and the applicant shall be notified of the extension. 13 Upon the regulatory authority's receiving two or more applications with the same name in succession, the name is approved for the applicant on a first-come-first-served basis; and the latter applicant(s) shall be notified of the name change. The sequence as referred to in the preceding clause shall be determined by the date of the receipt of the applications. In case two or more applications are received on the same day, the regulatory authority shall notify the applicants involved to draw lots to determine their sequence. 14 After established with permission, the social association shall call a promoters' meeting to elect preparation committeemen, organize a preparation committee, and call a Founding Assembly after the preparation is finished. At the promoters' meeting, promoters shall mutually elect at least seven (7) preparation committee members among themselves to form a preparation committee, so as to handle the preparative affairs. The preparation committeemen shall mutually elect one among themselves to act as the chief committeeman and convener of the preparation committee. The preparation committee shall produce a list of archives, financial affairs, and personnel, respectively, in triplicate before the election of directors and supervisors; while handing over one copy of the three lists to the Chairperson of the Board of Directors of the first session on the spot when the Chairperson is elected. The handover shall be carried out under the supervision of the convener (standing supervisor) of the Board of Supervisor who along with the Chairperson of the Board of Director shall respectively sign on the three lists while jointly completing the handover within fifteen (15) days. The preparation committee shall be dissolved after the handover is finished. The three copies of the three lists each for handover shall, respectively, be kept by the chief committeeman of the preparation committee, the Chairperson of the Board of Directors, and the association itself. 15 The tasks of a preparation committee are as follows: {1} To review the draft of the Articles of the Association which is to be submitted to the Founding Assembly for discussion. {2} To decide the contact address during the preparatory period. {3} To decide the appointment and dismissal of the workers during the preparatory period. {4} To specify the procedures of affiliation and the format of application form for affiliation, while publically soliciting members. {5} To review membership (and member representatives) while compiling the member roster (and member representatives). {6} To prepare the work plan and the annual budgets while preparing proposals for discussion at the Founding Assembly. If the association is established in the second half year (i.e. July to December), then a work plan and annual budgets of the next year shall be specified as well. {7} To prepare proposals for discussion at the Founding Assembly while compiling manuals for the Founding Assembly. {8} To receive and advance the income and expenditures during the preparatory period, while reporting such income and expenditures to the Founding Assembly for endorsement after the fact. {9} To decide the date and venue of the Founding Assembly. {10} To prepare for election of relevant personnel. {11} To make decisions over other important matters regarding the preparation. 16 The Promoters' Meeting shall be convened by promotor representatives. The preparation meeting, the Founding Assembly, the first Board of Directors' meeting & Board of Supervisors' meeting shall be convened by the Chief Committeeman of the preparation committee. Should the first Board of Directors' meeting or the first Board of Supervisor' meeting not be called within the time limit, the meetings shall be called by the director or supervisor who gets the most votes, or by the director or supervisor designated by the regulatory authority. To call an assembly, a notice shall be given fifteen (15) days prior to the assembly date, whereas to call a meeting, a notice shall be given seven (7) days prior to the meeting date. Various kinds of assemblies or meetings shall be reported to the regulatory authority for filing and reference. To give notices for meetings or to report meetings to the regulatory authority for reference as specified in the preceding clause, the type, time, venue, and agenda of the meeting shall be specified. To report the establishment of the Founding Assembly to the regulatory authority for reference, a separate member roster shall be attached. The meeting minutes shall be distributed to the meeting attendees within thirty (30) days after a meeting, while being submitted to the regulatory authority for reference. 17 The Promoters' Meeting, preparation meeting, Founding Assembly, and the first Board of Directors' meeting & Board of Supervisors' meeting shall all sustain more than 50% of the attendance rate by qualified attending members. Resolutions shall only be achieved with the consent of the majority of the attendees. However, resolutions on enacting the Articles of the Association shall only be achieved with the consent of not less than two-thirds of the attendees. When a promoter cannot attend the Promoters' Meeting, he may entrust in writing another promoter to attend the meeting on his behalf. One promoter may represent one promoter only. A preparation committeeman may not entrust other committeemen to attend the preparation meeting on his behalf. 18 During the preparatory period of the social association, the association shall be publicly soliciting new members. 19 At the first session of the first Board of Directors’ meeting, the social association shall incorporate into the meeting agenda about the determination of the premise for the association. Supporting documents (e.g. lease, leasing consent, etc.) shall be obtained pertaining to the entitlement of utilizing the premises for the association as mentioned in the previous clause. 20 A social association shall, within thirty (30) days after its establishment, submit one copy each of the following supporting documents to the regulatory authority for approval and registration, whereas the regulatory authority shall issue the registration certificate and the stamp to the social association. {1} Meeting minutes of the first session of the first Members' Assembly. {2} Meeting minutes of the first session of the first Board of Directors' meeting and the Board of Supervisors' meeting. {3} The Articles of the Association approved with the resolutions at the Members' Assembly. {4} The annual work plan approved with the resolutions at the Members' Assembly. {5} The forecast of the annual income and expenditures as approved with the resolutions at the Members' Assembly. {6} The list of resumes/ autobiographies of the elected personnel (e.g. directors and supervisors). {7} The list of resumes/ autobiographies of the meeting affairs staff. {8} Supporting documents (e.g. lease, leasing consent, etc.) pertaining to the entitlement of utilizing the premises for the association. {9} Proof of the role of the elected Chairperson of the Board of Directors along with two (2) photos of the Chairperson enclosed with the application. {10} A member roster. The issuance of a registration certificate shall be handled in accordance with the rules for the issuance of the registration certificates to social associations. After receiving the certificate and the stamp, the social association shall properly store them and record the items in the transfer list. When the regulatory authority approves the registration of a social association, the copies of the approved documents, each, shall be forwarded to the relevant regulatory authorities as well as the tax authorities of the place where the association is located. 21 A social association shall, after the approval of registration by the regulatory authority, register as a legal person at the relevant court in accordance with the law, while submitting a photocopy of the legal person registration certificate to the regulatory authority for reference within 30 days after the registration of the legal person. The registration of the legal person for social associations refers to the registration of the legal person for public welfare associations. The regulatory authority shall not differentiate the seal on the documents for registration of the social association than that for the registration of the association as a legal person. 22 After a social association has been registered as a legal person and named itself as a “cooperation”, the term “cooperation" shall become a part of the full name of the association. However, upon the approval of registration of the association by the regulatory authority, the term "cooperation" has not yet appeared on the original Articles of the Association, the registration certificate, the stamp, among other documents. These documents shall remain as is without having to add the term "cooperation". 23 After a social association has been registered, it shall hang a nameplate on the site of the association, and shall mark on the official envelopes of the association the certificate number of the registration certificate and the name of the department granting the certificate. For those associations which have been registered as a legal person, marked on the official envelopes shall also include the registration number of the legal person and the name of the registration authority, for the purpose of easy identification. 24 After a social association has been permitted to be prepared for the registration, or approved to be registered, if it is found later that the application form submitted by the social association includes false contents, or the conditions permitted for the registration have so changed that the original provisions are no longer satisfied, then the regulatory authority may cancel the permit according to the law.