By-law for Internet society of China
2019-09-17 10:15
(It has been reviewed and passed at the 1st session of the 5th session of the Congress of ISC on September 12th, 2019)
Chapter Ⅰ--- General Provisions
Article 1.
The full name of this organization is Internet Society of China, hereinafter refers to as ISC.
Article 2.
ISC is a nationwide，industry-specific and non--profit social organization, which consists of Internet related enterprises，institutions，social organizations and individuals.
Article 3.
The purpose of ISC is to serve the needs of member, industry development and policy support so as to promote the prosperous development of Internet in China and facilitate the construction process of a cyberpower, under the guaidance of Marxism-Leninism, Mao Zedong Thought, Deng Xiao-ping Theory, “Three Represent's” Important Thought, Scientific Outlook on Development, and Xi Jin-ping Thought on Socialism with Chinese Characteristics for a New Era, with implementing the innovation, coordination, green, open, shared development concept, as well as upholding the guiding ideology of innovative thought, collaborative culture, open platform and effective services.
Meanwhile, ISC shall abide by the national constitution, laws, regulations and policies，practice the core socialist values, and follow the social morality.
Article 4.
ISC shall uphold the overall leadership of the CPC. According to the Charter of the CPC, an organization of the CPC shall be established to carry out activities of the CPC. And ISC shall provide necessary conditions for the activities of the CPC.
Article 5.
ISC shall be guided and supervised by the Ministry of Civil Affairs (administrative body for registration of social organizations) and by the Ministry of Industry and Information Technology (administrative body for business)．
Article 6.
The principal office of ISC shall be in Beijing, China.
Chapter Ⅱ--Scope of Business
Article 7.
ISC's mission is:
1. to enhance liaison with multi-stakeholder group or individual, to popularize national policies, laws and regulations for members, transmit the requests of its members to the authority, protect members’ rights, and promote the communication between the responsible administrative departments and members;
2. to formulate self-discipline of the Internet industry and put it in practice, harmonize the relations and conduct mediation among the members, promote the communication and coordination of the members, bring the self-discipline of Internet into full play to safeguard national network and user’s information security, maintain the whole interest of both the industry and users;
3. to launch research works on Internet industry development status, new technology and application, as well as key issues potentially affecting the industry development; release statistics and analysis report of the industry; provide proposal and advice to the government’s policy-making and offer information services to the industry;
4. to organize various activities as workshop, forum, annual meeting related to Internet development and governance, enhance industry exchange and cooperation, and take advantages of the Internet for promoting the social, economic, cultural development and the construction of ecological civilization;
5. to participate in the formulation of Internet-related national standards and industry standards, organize the formulation of industry association group standards, conduct guidance for members to independently formulate and implement enterprise standards, carry out standards compliance promotion activities, and actively participate in international standardization activities;
6. to carry out the Internet industry qualification and professional qualification review, evaluation and appraisal and commendation work;
7. to conduct international cooperation and exchange, to participate in international affairs such as the formulation process of global Internet policies, norms and standards, as well as promote a sound global Internet governance system, and uphold a fair and reasonable international cyberspace order;
8. to carry out Internet public welfare activities, promote the construction of Internet industry credit system as well as social responsibility; to raise the awareness of enhancing social responsibility among its members, fostering healthy industrial conduct;
9. to improve the management and service capabilities of members as well as the professional quality of industry employees, through carrying out professional training on regulations, management, technology, talents;
10. to carry out online cultural activities and call for the netizens to surf the Internet in a civilized manner; accept the public complaints and reports on online message abuse;
11. to undertake works entrusted by members or relevant departments in line with the missions of ISC.
Chapter Ⅲ--Membership
Article 8.
The members of ISC are composed of organizational members and individual members.
Article 9.
The applicants should meet the following criteria to become the members of ISC:
l. to abide by the By-law of ISC;
2. to be willing to join ISC;
3. to have a certain influence in the business fields related to ISC;
4. the organizational members should be legal Internet-related enterprises, scientific, educational or academic bodies, as well as related social organizations;
5. the individual members should refer to Chinese citizens who have certain expertise and made contribution to the Internet community;
6. to comply with China's Internet industry self-discipline code of conducts and related conventions.
Article 10.
The procedures of membership admission is:
1. to submit the application and relevant supporting materials;
2. shall be reviewed and get the approval by the Council or Standing Council of ISC;
3. membership certificate shall be issued by the institution authorized by the Council or Standing Council of ISC; the member list shall be announced in public.
Article 11.
Members of ISC take the rights as fol1ow:
1. with the right to vote and to stand for election;
2. with the right to participate in the activities of ISC;
3. with the priority to obtain services provided by ISC;
4. with the right to make comment, advice and monitoring in relation to the operation of ISC;
5. with the freedom to join or terminate the membership;
6. with other rights in accordance with this By-law.
Article 12.
Members of ISC should carry out the following obligations
1. to pursue resolution of ISC and implement obligations of this By-law;
2. to safeguard ISC's reputation and members' legal rights;
3. to fulfil the tasks assigned by ISC;
4. to pay the membership fee;
5. to make comment, advice and contribution for the development of ISC;
6. to actively participate in activities organized by ISC.
Article 13.
Members who wish to terminate the membership must inform ISC in written notification in advance and return certificates.
Article 14.
Any member who refuses pay membership fee to ISC without any proper reason up to one calendar year or refused to participate in ISC’s activities shall be henceforth regarded as automatic secession.
Article 15.
Any infringement against By-law of ISC conducted by any member shall be excluded from the member list after the approval of the Council or Standing Council of ISC.
Article 16.
After termination or the secession from the membership, or be removed from the membership, its corresponding duties, rights and obligations in ISC shall be accordingly terminated.
Chapter Ⅳ Organizational Structure and the Procedure of Election and Recall of the Leadership
Article 17.
The Congress of ISC is the supreme organ of powers. The functions of the Congress are as follow:
1. to formulate and amend the By-law of ISC;
2. to elect and dismiss the Council members;
3. to review the Council work report and financial report;
4. to formulate and amend the membership fee standard;
5. to decide to terminate related events or activities;
6. to decide other vital and important events.
Article 18.
The Congress shall be only convened with attendance at least two--thirds of the member representatives, and with at least half of the participating representatives voting for support to take effect.
Article 19.
Each Congress' term shall last five years. In case there is any special occasion to change the duration, it shall be passed by the Council; Besides, it should submit the report to the responsible department for review and get the approval of the social organization registration administration agency; Nevertheless, the duration for one deferment shall not exceed one calendar year.
Article 20.
The Council shall be the executive body of the Congress to direct the affairs of ISC during the intersessional period and be responsible for the Congress.
Article 21.
The functions of the Council include：
1. to execute the resolutions of the Congress;
2. to elect and dismiss the President, Vice President and Secretary General;
3. to decide on the set up of the honorary positions and candidates selection;
4. to prepare for convening the Congress;
5. to submit and deliver the work report and financial reports to the Congress;
6. to make decisions on enrollment and dismissal of members;
7. to decide to establish, change or terminate the executive bodies, branch bodies, representative bodies or entity bodies;
8. to recruit deputy secretary general(s) and directors of related working bodies;
9. to direct the operation of all working bodies;
10. to formulate internal administrative regulations;
11. to decide other vital and important events.
Article 22.
With at least two-thirds Council members' attendance shall legally convene the Council meeting and the resolutions shall take effect only with over two-thirds of affirmative votes.
Article 23.
Meetings of the Council shall be held at least one session annually, and the meeting also can be run by means of teleconference or by any means of electronic communications.
Article 24.
ISC shall establish the Standing Council, whose members shall be elected by the Council; When the Council is not in session, the Standing Council should exercise the functions listed in 1）, 4）, 6）, 7）, 8）9) and 10）of Article 21 above, being responsible for the Council; When the term of Standing Council is of the same with the Council, it shall be re-elected the new term as well as the Council does.
Article 25.
With at least two-thirds Standing Council members' attendance shall legally convene the meeting and the resolutions shall take effect only with over two-thirds the affirmative votes.
Article 26.
The meetings of the Standing Council shall be held at least one session annually; it also could be run by means of teleconference or by any means of electronic communications in special occasions.
Article 27.
The qualifications of the President, Vice President and Secretary General includes:
1. adhering to the CPC's lines, principles, policies;
2. being of great influence in the scope of business of ISC;
3. being under the age of 70; (Secretary General shall work full-time);
4. being healthy and competent for the work;
5. having no criminal records;
6. being with full civil capacity.
Article 28.
The President, Vice President and Secretary General with the age above 70, their taking office shall be approved by the Council of ISC, responsible departments and social organization registration administration agency if there is the need for the work of ISC.
Article 29.
The office term of President, Vice President and Secretary General shall last five years. The succession for reelection shall not exceed two terms. If there is the need for their reelection shall be adopted by the affirmative votes of at least two-thirds of the Congress and approved by responsible departments and social organization registration administration agency.
Article 30.
The President is the legal representative, who shall sign the important documents on behalf of ISC. In special cases, the Vice President, Secretary General could be the legal representative of ISC, which should subject to the approval of the Council, responsible departments and social organization registration administration agency. The secretary general who is hired or from social recruitment shall not be the legal representative; The legal person must not hold any concurrent post of legal representative for other organization.
Article 31.
The authority of President includes:
1. to call and preside over the meeting of the Council and the Standing Council;
2. to monitor the progress of implementation of the resolutions made by the Congress, the Council and the Standing Council;
3. to nominate the candidate of Secretary General, who shall be take the position through the election by the Council;
Article 32.
The authority of Secretary General includes:
1. to take charge of daily affairs and to implement the mid-term, near-term, and annual work plan;
2. to coordinate works related to the branches, representative bodies, real entities of ISC;
3. to nominate Deputy Secretary General and Directors of all executive bodies, branch bodies, representative bodies and entity bodies, and then submit the nomination to the Council or the Standing Council to decide;
4. to recruit the staff members for the executive bodies, representative bodies and entity bodies;
5. to implement the resolutions made by the Congress, the Council and the Standing Council;
6. to deal with other routine matters.
Chapter Ⅴ--Principles of Assets Management and Operation
Article 33.
The sources of funding:
1. Membership fee;
2. Donations;
3. Income from business or services within the business scopes;
4. Interest;
5. Other legal income;
Article 34.
ISC shall collect membership fee annually according to relevant regulations; Any appraisal and commendation related activities launched by ISC shall not be charged any fees.
Article 35.
The revenues shall be put into used into the business scopes and the development of ISC, not be distributed among the members.
Article 36.
ISC shall strictly stick to the national financial regulations and formulate a sound set of financial management rules, keep a set of authentic, accurate and complete accounting records.
Article 37.
ISC shall recruit a professional chartered public accountant; The accountant must not hold concurrent post as cashier in ISC; Accounting settlement and supervision are indispensable procedures that the accountant must follow; When the accountant leaves his/her post and changes his/her job, he or she must complete all necessary handing-over formalities.
Article 38.
The assets management of ISC must follow national financial rules and regulations, and shall be accepted the supervision by the Congress as well as government designated auditing agencies; The revenues or assets of ISC attributed to donation and aid much be accepted regular auditing carried out by designated auditing agencies and open to the public in an appropriate way.
Article 39.
Prior to the legal representative's handing over or changing, they must accept auditing assigned by the related departments.
Article 40.
The assets of ISC must not be encroached, privately owned or embezzled by any organizations or individuals.
Article 41.
Salary, insurance and welfare of ISC' s full-time employees should be in the light of relative provisions for public institutions.
Chapter Ⅵ--Amendment
Article 42.
The amendment and revision for the By-law of ISC must get the approval of the Council and then be submitted to the Congress.
Article 43.
Prior to coming into effect, the modified and revised Chapters shall be submitted to responsible departments and social organization registration administration agency for approval within 15 days after its approval by the Congress.
Chapter Ⅶ---Termination Procedure and Assets Disposal
Article 44.
When ISC automatically dismiss or needs to cancel registration due to separation or merging, the Council or the Standing Council must put forward a motion for termination in advance.
Article 45.
The termination motion must be passed through by the Congress and submitted to responsible departments for approval.
Article 46.
Prior to termination, ISC shall set up a clearing group supervised by the responsible departments, dealing with creditor's rights, debts and other affairs. During the clearing period, it shall not undertake other activities out of the clearing.
Article 47.
When finishing the canceling formality in the social organization registration administration agency, the ISC comes to the termination.
Article 48.
According to the relevant regulations, after termination all the remaining assets shall be used into aid those undertakings that have alike missions of ISC.
Chapter Ⅷ----Supplementary Chapters
Article 49.
This By-law be passed at the 1st session of the 5th session of the Congress of ISC on September 12, 2019.
Article 50.
Insofar as meaningful, the Council of ISC reserves the right to interpret of this By-law.
Article 51.
This By-law shall be put into effect on the date receiving the approval of the social organization registration administration agency.
