"Seven Compliance Requirements" for Social Organizations to Hold Forums and Seminars
Author: Lawyer Geng Bijun
In recent years, forum and seminar activities have surged like a spring tide, surging the wave of the high - quality development of social organizations and gathering the wisdom of ideological and cultural exchanges. However, in this upsurge, there are also some undercurrents of violations of laws and regulations. Like poisonous weeds, they erode the rational use of resources, disrupt the fair competition in the market, and damage the legitimate rights and interests of the public. Therefore, China's supervision in this field has gradually become stricter, and relevant punishment measures have also become more severe.
Social organizations urgently need to deeply understand and control various compliance elements of holding forums and seminars. Only with firm determination and practical and effective actions can we completely eliminate the breeding ground for violations of laws and regulations, ensuring that forum and seminar activities can fully exert their due effects and influence on the basis of strictly complying with compliance requirements.
I. Current Relevant Legal Normative Documents
Currently, the main existing norms regarding the holding of forum and seminar activities at the national and Guangdong provincial levels are as follows:
Notice of the National Working Leading Group for Cleaning up and Standardizing Celebration, Seminar, and Forum Activities and the Ministry of Civil Affairs on Printing and Distributing the "Administrative Measures for Social Organizations to Hold Seminar and Forum Activities" (Min Fa [2012] No. 57)
"Regulations on Regulating the Cooperative Activities of Social Organizations" (Min Fa [2012] No. 166)
Notice on Further Strengthening the Standardized Management of Forum Activities jointly issued by 10 departments including the Central Publicity Department, the Cyberspace Administration of China, the Central Foreign Affairs Office, the Ministry of Foreign Affairs, the Ministry of Education, the Ministry of Public Security, the Ministry of Civil Affairs, the Ministry of Culture and Tourism, the State - owned Assets Supervision and Administration Commission of the State Council, and the State Administration for Market Regulation on August 7, 2023
Notice of the Department of Civil Affairs of Guangdong Province on Further Standardizing Social Organizations' Holding of Seminars, Forums, etc. (Yue Min Han [2020] No. 888)
Notice of the Shenzhen Municipal Bureau of Civil Affairs on Further Standardizing Social Organizations' Holding of Seminar and Forum Activities (July 10, 2023)
II. "Seven Compliance Requirements" for Forum and Seminar Activities
To understand and master the above - mentioned current norms systematically, the author has re - sorted and integrated all relevant contents and summarized the following "seven compliance requirements":
1. Compliance of Activity Nature
(1) The Party organizations of social organizations should strictly conduct political review to ensure that there are no political, orientation, safety, or social stability issues. Consciously raise the political stance, enhance the "Four Consciousnesses", firm up the "Four Spheres of Confidence", and achieve the "Two Upholds". Focus on improving the quality of forum activities, give full play to the positive role of forum activities in economic, social, and cultural development, and earnestly enhance the sense of political responsibility.
(2) The sponsoring unit should earnestly fulfill the main responsibility, strictly regulate the behavior of social organizations, and ensure that forum activities are guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, practice the core socialist values, and adhere to the correct political direction, value orientation, and public opinion orientation.
2. Compliance of Activity Subject
(1) Seminar and forum activities of social organizations refer to various business - related discussion and academic exchange activities held by legally registered social organizations such as social groups, foundations, and private non - enterprise units.
(2) Enterprises and social organizations that are not legally registered or those without an actual undertaking entity shall not hold forum activities open to the public.
3. Compliance of Activity Content
(1) When social organizations hold seminars and forum activities, they should strictly abide by the Constitution, relevant laws, regulations, and policy provisions, aim to promote business - related discussion and academic exchange in the fields where the social organizations are located, and ensure that the tasks are clear, the scale is appropriate, the quantity is proper, and the funds are reasonable.
(2) The name of the forum activity should be accurate, standardized, and match the reality. It shall not be randomly prefixed with words such as "China", "Chinese", "National", "International", "World", "Summit", "High - end", "Peak", "Pinnacle", etc.
(3) The theme and content of the forum should conform to the purpose and business scope stipulated in the articles of association of the social organization.
(4) The content of the forum activity should focus on the central task and serve the overall situation, pay attention to quality and effectiveness. The establishment of sub - forums, sub - seminars, and parallel forums should closely revolve around the theme of the main forum activity.
(5) Social organizations should strengthen the management of seminars and forum activities held by their branches. If the activity content is overlapping or repetitive, it should be adjusted or merged.
(6) Sufficiently evaluate and demonstrate the necessity of holding the activity and the way of holding it. Cancel forums that are empty in content, have no practical effect, and can be held or not. Merge forum activities with overlapping themes. Further standardize forum activities that are held in accordance with laws and regulations after approval.
4. Compliance of Cooperative Activity
(1) When social organizations cooperate to carry out seminar and forum activities in the forms of "sponsoring unit", "association unit", "supporting unit", "guiding unit", etc., they must strictly follow the requirements of the "Regulations on Regulating the Cooperative Activities of Social Organizations" (Min Fa [2012] No. 166), implement the responsibilities of the competent and sponsoring units and industry supervision duties, strengthen the review and inspection of the qualifications and capabilities of cooperative units, carefully select cooperative partners, and shall not participate in cooperation in the form of nominal sponsorship or charge fees.
(2) If the undertaking or co - sponsoring unit is a for - profit organization such as a company or an enterprise, the social organization should screen and inspect its qualifications, capabilities, and credit, and shall not cooperate with illegal entities to carry out activities.
(3) When social organizations cooperate with overseas organizations or individuals to hold seminars and forum activities, or invite overseas organizations or individuals to participate in seminars and forum activities, they should abide by relevant laws, regulations, and foreign affairs management regulations, and conform to the business scope of the articles of association. When inviting foreign political leaders or former political leaders to participate in seminars and forum activities, they should report to relevant foreign affairs departments, competent business units, or industry management departments for approval.
(4) The sponsoring unit of the forum activity should earnestly fulfill the main responsibility, strictly review the keynote speakers and discussion content, and conduct strict review and inspection of the activity content and supervision and management of the entire process of the activity. Develop emergency plans to ensure the healthy and orderly development of the activity.
5. Compliance of Activity Procedure
(1) When social organizations hold seminars and forum activities, they should carry out activities strictly in accordance with the purpose and business scope of the approved articles of association, and go through internal procedures, which shall be reviewed and passed by the general meeting of members (representative meeting of members) or the council (standing council).
(2) Before the activity is held, a written report on major business activity matters for filing should be submitted to the registration management authority and relevant business departments 30 days in advance as required, and the guidance of relevant business departments should be consciously accepted. The main contents of the filing include: the name, expected goals, content, methods, scale, scope of participation, participants, time, place, funds, etc. of the activity.
(3) When social organizations undergo annual inspections, they should report to the registration management authority on the situation of holding seminars and forum activities in the previous year and accept the audit by the audit institution.
6. Compliance of Activity Management
(1) Social organizations should establish and improve internal management systems for holding seminars and forum activities, standardize matters such as democratic decision - making, activity management, fund - raising, and supervision and inspection, and include the holding of seminars and forum activities in the annual work plan.
(2) The sources of funds for social organizations to hold seminars and forum activities should comply with national laws, regulations, and relevant policy provisions. For actual economic business matters, accounting should be carried out truthfully in accordance with regulations such as the "Accounting Law of the People's Republic of China" and the "Accounting System for Non - profit Organizations", and all income should be included in the unit's legal account books.
(3) Social organizations shall not use or borrow the name of Party and government organs to hold seminars and forum activities or jointly hold them with Party and government organs. They shall not invite Party and government leading cadres to attend forums and seminars that have nothing to do with their official duties, nor shall they make false publicity about the attendance of Party and government leading cadres, their positions (including positions held in social organizations).
(4) Foreign - related forum activities shall be handled in accordance with relevant foreign affairs management regulations, and the invitation of Party and state leaders, other leading cadres, and important foreign guests to attend forum activities shall be standardized.
(5) They shall not force other organizations or individuals to participate, nor shall they forcibly charge relevant fees.
(6) They shall not carry out activities such as brand promotion, achievement release, and paper publication linked to fees.
(7) They shall not take the opportunity to conduct disguised public funds consumption, tourism, nor shall they distribute gifts of money, gifts, expensive souvenirs, and various negotiable securities and payment vouchers.
7. Compliance of Activity Participants
(1) Subject providing the venue for forum and seminar activities
The subject providing the venue for forum and seminar activities shall not facilitate illegal and irregular forum activities. Before signing contracts and providing services, it should verify the authenticity and legality of the identity of the subject holding the forum activity, and shall not provide the venue for unregistered subjects. If clues of illegal and irregular activities are found, it should promptly notify relevant departments.
(2) Subject of publicity and promotion
News media, website platforms, and public accounts shall not publicize or report illegal and irregular forum activities, nor shall they publish advertisements or provide communication channels for them. They should review and check the information content related to forum activities, and shall not make untrue or exaggerated publicity.
III. Key Crack - down Situations of Forum and Seminar Activities
Both the Ministry of Civil Affairs and Guangdong Province have listed the key crack - down situations of social organizations holding forum and seminar activities in relevant work documents. Although these situations are already included in the above - mentioned "seven compliance requirements", this article still lists them for social organizations to compare:
Forum activities held by unregistered subjects open to the public.
Forum activities that have not gone through the approval procedures as required.
Forum activities that are randomly prefixed with words such as "China", "Chinese", "National", "International", etc. without approval.
Forum activities that are randomly named "High - end Forum", "Summit", etc.
"Performative" and "formalistic" forum activities that go beyond the purpose and business scope of the articles of association of the sponsoring unit, have overlapping themes, empty content, and deviated orientation.
Forum activities attended by Party and government leading cadres without approval.
Forum activities that invite foreign political leaders, former political leaders, and officials of foreign embassies and consulates in China without approval.
Forum activities with lax ideological review and inspection, spreading wrong ideas and remarks.
Forum activities involving disguised public funds consumption, tourism, and distribution of gifts of money, gifts, expensive souvenirs, and various negotiable securities and payment vouchers.
All kinds of "sham" forum activities held under the guise of official banners and in the name of counterfeiting regular organizations.
Forum activities that make untrue publicity about the attendance of Party and government leading cadres and experts and scholars, misleading the public.
Forum activities that carry out evaluation, accreditation, and commendation activities in violation of regulations and collect money by charging fees in violation of regulations.
IV. Supervision Mechanism of Forum and Seminar Activities
Basically, the competent departments of forum activities in each province (autonomous region, municipality directly under the Central Government) implement territorial management for forum activities, and the management intensity is gradually increasing. At the same time, various industry management departments are also strengthening the business guidance and industry supervision of forum activities in their respective industries and fields.
In addition, the channels for the masses to report and complain are more unblocked. The general public has always actively participated in cracking down on illegal and irregular activities of social organizations. Social organizations should attach importance to the construction of complaint and reporting channels on their own platforms or within their internal mechanisms, and effectively digest the opinions and suggestions of members or the public.
In terms of punishment, if social organizations hold seminars and forum activities in violation of laws and regulations, which lose practical significance for promoting work or cause negative social impacts and are strongly reflected by the public, the registration management authority shall, depending on the circumstances, impose administrative penalties such as warnings, fines, confiscation of illegal gains, ordering the replacement of directly responsible persons in charge, suspending activities for a limited period, and revocation of registration. If a crime is constituted, it shall be transferred to the judicial organs for criminal liability in accordance with the law.
It should be noted that for subjects that hold forum activities in violation of laws and regulations and cause adverse social impacts, in addition to being dealt with in accordance with relevant laws and regulations, relevant competent departments will include them in the credit management category and promote information sharing. Forum activities and hosting subjects with bad credit records will be subject to key supervision. That is to say, it is not only limited to administrative penalties, but will also have an adverse impact on social organizations' participation in bidding, application for activities and projects, etc.
At the same time, for forum activities that are well - organized, have a correct orientation, excellent effects, and great influence, various regions and departments will also support them through means such as strengthening publicity and promotion, providing business guidance, and giving praise and rewards, creating a number of brand forum activities with exemplary and leading roles, and helping forum activities play a positive role in serving high - quality development.
The importance of compliance for social organizations is self - evident. It is like a compass, guiding us to move forward steadily in a complex and changeable social environment. The compliant development of each activity is an active practice of social responsibility, an effective shaping of the organization's image, and a strong maintenance of public trust. With the continuous improvement of laws and regulations and the deepening of the understanding of compliance by all sectors of society, we will welcome a more standardized and transparent era. Social organizations will give full play to their unique value and role on the track of compliance, contributing more wisdom and strength to social progress and development.
