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Constitution

CONSTITUTION

来源:时间:2015年01月07日

Chapter 1 General principles

ARTICLE 1 The full Chinese name of this association is "zhongguo feichufang yaowu xiehui"(Its English name is China Nonprescription Medicines Association; the acronym is CNMA)

ARTICLE 2 The nature of CNMA is a professional, nonprofit and national social organization voluntarily formed by the research, production, sale, use, education, news and publishing institutions conceding to CNMA's constitution.

ARTICLE 3 The purpose of CNMA is to promote and raise the level of research, production and sale's management of Chinese OTC industry under the laws, regulations, policy and social ethic.

ARTICLE 4 CNMA accepts the management of SDA and the Ministry of peoples'affairs of China.

ARTICLE 5 The registered address of CNMA is in Beijing.

Chapter 2 Business scope

ARTICLE 6 The business scope of CNMA includes:
1. Representing the members'interests and submitting policy and rule advices to the concerned government departments on drugs' classification, OTC's research, production and sale.
2. Providing the members with consulting, training and information service to promote OTC's technology, enhance OTC's quality and ensure the consumers' safety in using OTC.
3. Taking the advantage of advanced experience to boost OTC's R&D and operation, to propagandize OTC's self-treatment knowledge and to publicize the modern management technique for the modernization of the enterprises.
4. Strengthening the cooperation and communication between the members through organizing seminars to exchange experience and launching promotion activities of medicine research fruits.
5. Organizing all sorts of interchanging activities and strenthening the cooperation and contacts with the relative international organizations, OTC associations and enterprises.
6. Undertaking the tasks assigned by the government.

Chapter 3 MEMBERSHIP

ARTICLE 7 This association consists of group members and honor members.

ARTICLE 8 The members of this association are supposed to:
1. Agreeing with the association's constitution
2. Desiring to join the association
3. Possessing some extent of influence in the fields of OTC's research, production, operation, utilization, education and propaganda.
4. Honor member is an honor title. Honor members should be the domestic and foreign experts weel-knowned in the fields of OTC's research, production, operation and academy or the foreign friends with distinguished contributes to CNMA.

ARTICLE 9 The procedure to attend:
1. filling and Submitting application form
2. Being Approved in the chairmen conference
3. Being confered with the member certificate by the Board of Directors-authorized secretary department

ARTICLE 10 The rights belonging to a member:
1. The right to vote and to be candidates
2. The right to attend the association's activities
3. The priority to receive the association's service
4. The right to suggest,criticize and superintend5. The freedom to attend and quit CNMA

ARTICLE 11 The members'obligation
1. Executing CNMA's decisions
2. Safeguarding CNMA's lawful rights
3. Completing the tasks assigned by CNMA
4. Paying the membership fees by rule
5. Rendering CNMA relative informations and materials about OTC's research, production and management. Assuming surveys organized by CNMA and providing thesises and reports on special topics

ARTICLE 12 The member should submit written notification to CNMA and return the member certificate. It will be taken as automatic quittting if the member refuses to pay the fees or attend CNMA's activities for two running years.

ARTICLE 13 The member will be dismissed from the association in serious violation of the rules by Executive Board's voting.

Chapter 4 Organization structure and officers'appointment and dismissal

ARTICLE 14 CNMA's highest authority is the members'representative assembly, the functions of which include:
1. Establishing and modifying the rules
2. Electing or dismissing the members of the Board of Directors'
3. Assessing the Board of Directors' council's work reports and finance reports
4. Making terminating decisions5. Discussing and deciding other important things

ARTICLE 15 The member representative assembly can be convened with the presence of more than 2/3 of all the members and its decisions can take effects approved by more than half of the members in voting.

ARTICLE 16 The member representative assembly's duration is 4 years. Reelection ahead of or behind the schedule due to special reasons should be approved by the Board of Directors and reported to SDA. The approval of the Ministry of peoples'affairs of China is also the prerequisite. However the delay of the reelection should not be more than 1 year.

ARTICLE 17 CNMA's leading institutions are the Board of Directors and the Board of Directors. The Board of Directors's members are elected by the members' representative assembly. The Executive Board's members are elected by the Board of Directors. The Executive Board is the executive department of the members' representative assembly and in the period of adjournment of the members' representative assembly, manages the routines of CNMA in the name of the members' representative assembly and takes responsibilities to it.

ARTICLE 18 The duties of the the Board of Directors includes:
1. Executing the decisions passed by the members' representative assembly
2. Electing or dismissing the president, vice president and secretary-general
3. Retaining the honor president and counselors
4. Making decisions about the establishment of branches and other institutions
5. Employing the vice secretary-general and other officials
6. Preparing for the members' representative assembly
7. Reporting work and finance situation to the members' representative assembly
8. Raising advices on the constitution modification and submitting to the members' representative assembly for voting
9. Leading CNMA's departments in routine works10. Setting CNMA's internal management rules

ARTICLE 19 The Board of Directors can be convened in the presence of more than 2/3 of the Board members and its decisions will take effects only when passed by more than 2/3 of the present Board members in voting

ARTICLE 20 The Board of Directors must be convened no less than once a year. In special conditions, the conference can be carried out by telecommunication

ARTICLE 21 CNMA establishes its Executive Board. In the period of Board of Director's adjournment, it executes the rights specified in Article 18's item 1,4,5,6,9,10 and 11 and undertake responsibilities to the Board of Directors.

ARTICLE 22 The Executive Board can be convened in the presence of more than 2/3 of its members and its decisions will take effects only when passed by more than 2/3 of the present Executive Board members in voting

ARTICLE 23 The Executive Board must be convened no less than once half a year. In special conditions, the conference can be carried out by telecommunication

ARTICLE 24 CNMA's president, vice president and secretary-general should meet the conditions below:
1. Insisting on CCP's routes guidance and policies and having excellent political quality
2. Having great influence in CNMA's business scopes
3. no more than 70 years old(The secretary-general is a full time position)
4. Healthy and capable of normal work5. free of any criminal penalties with political rights deprivation6. full civil capacity

ARTICLE 25 If the ages of CNMA's president, vice president and secretary-general overrun the specified limit, it should be voted through by the Board of Directors and approved by SDA and the Ministry of civil affairs of China.

ARTICLE 26 Each term of office for CNMA's president, vice president and secretary-general is 4 years and CNMA's president, vice president and secretary-general cannot last more than 2 terms. The extention of their term of office in special conditions have to be voted through by more than 2/3 of the members' representative assembly and approved by SDA and the Ministry of civil affairs of China.

ARTICLE 27 CNMA's legal representative is the same one with its president and takes no other groups'legal representing positions

ARTICLE 28 The duties of CNMA's president includes:
1. Convening and presiding the Board of Directors and the Executive Board
2. Checking fulfilment of the members' representative assembly, the Board of Directors and the Executive Board's decisions
3. Representing CNMA to sign relative papers

ARTICLE 29 The duties of CNMA's secretary-general includes:
1. Managing the institutions' routine works and organizing the implementation of annual plans
2. Coordinating the branches and institutions
3. Nominating the vice secretary-general and main officials in the branches and institutions and rendering for the Board of Directors or the Executive Board to decide
4. Deciding the employment of the full time clerks in the institutions.
5. Dealing with other routines

Chapter 5 Principles on assets' management and utilization

ARTICLE 30 CNMA's funds come from the sources below The main sources of funds of the association are:
1. Membership fees
2. Service income in the approved business scopes
3. Financial aids from the government
4. Contribution from domestic and foreign groups and individuals
5. Interests
6. Other legitimate incomesARTICLE 31 CNMA collects the membership fees according to the state's relative rules.ARTICLE 32 CNMA's funds must be used in the business scopes prescribed in this regulation and cannot be distributed among the members.

The main usages of the funds of the association are:
1. routine business expenses of the association
2. CNMA employers'salary, benefits, insurance and experts'rewards
3. Necessary fees for conferences, propaganda, training and visits
4. CNMA's expense for publishing and information
5. International organization's membership fees

ARTICLE 33 CNMA establishes strict finance management system to ensure the accounting materials'legitimacy, verity, accuracy and completeness.

ARTICLE 34 CNMA employs accountants with professional certificates. The accountants will not take the teller position the same time. The accountants must adjust accounts and take accounting control procedure. When switching to other jobs or quitting, the accountants must clear off the jobs with the recipient.

ARTICLE 35 CNMA's assets management must abide by the state's finance management rules and accept the surveillance from the members assembly and the finance department. The portions from the state's allocations and social contributions in CNMA's assets must accept the auditing department's surveillance.

ARTICLE 36 CNMA must accept the finance auditing from the Ministry of civil affairs of China and SDA before reelection or the change of the legal representative.

ARTICLE 37 CNMA's assets are free of any group or individuals'embezzlement and appropriation.

ARTICLE 38 The fulltime employers of CNMA enjoy the salary, insurance and benefits referring to the state's relative rules for nonprofit organizations.

Chapter 6 The procedure to modify the constitution

ARTICLE 39 To modify CNMA's constitution, the Executive Board submits modification proposals to the Board of Directors. If voted through in the Board of Directors, the proposals will be transferred to the members' representative assembly for discussing.

ARTICLE 40 CNMA's amendments to the constitution take effects when receiving the approval from SDA and the Ministry of peoples'affairs of China in 15 days after being voted through in the members' representative assembly.

Chapter 7 Terminating procedure and posterior disposal of assets

ARTICLE 41 CNMA's cancellation of registration in terms of goals' completion, self-dismissal, splitting and consolidation should acquire the terminating motion from the Board of Directors or the Executive Board.

ARTICLE 42 CNMA's terminating motion must be passed in the members' representative assembly and reported to SDA for approval.

ARTICLE 43 Before CNMA's termination, the clearing group need to be organized in the direction of SDA and other relative departments to clear off claims and debts and to deal with other afterwards affairs.

ARTICLE 44 CNMA terminates after canceling registration in the Ministry of civil affairs of China.

ARTICLE 45 The residual estate after CNMA's termination should be used in other business relative to CNMA's goal under the surveillance of SDA and the Ministry of civil affairs of China according to the state's relative statute.

Chapter 8 Supplements

ARTICLE 46 This constitution was passed on Sept. 23rd, 2000 in the members' representative assembly.

ARTICLE 47 The right to interpret this constitution belongs to the Board of Directors of CNMA

ARTICLE 48 This constitution takes effects the day receiving approval from the Ministry of civil affairs of China



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