Chapter One General Principle
Article 1
This Chamber takes the name of CHINA CHAMBER OF COMMERCE FOR IMPORT ＆ EXPORT OF MEDICINES ＆ HEALTH PRODUCTS (or CCCMHPIE).
Article 2
The Chamber is registered in PRC and is a national, industry-oriented self-disciplined, non-profit social organization formed voluntarily by economic organizations and individuals engaged in health care products trade and investment and related activities. It takes the status of legal person.
Article 3
The Chamber takes the following purposes: coordinate and standardize healthcare related trade, investment and other activities; provide consultation and service to members and other organizations; promote a sound foreign trade order; enable fair competition, safeguard national, industry interests and member’ legitimate rights; promote healthy development for trade and investment of medicines and health products.
The Chamber will abide by the PRC Constitution, laws, regulations, and economic and trade policies, observe social morality and the principle of democracy, openness, fairness and equity.
Article 4
Work of this Chamber shall be subject to guidance and supervision of Ministry of Commerce of China and the Ministry of Civil Affairs which manages societies’ registration.
Article 5
Logo of the Chamber takes the shape of a capsule in the middle with short form of the English name with two curved green arrows towards opposite directions placed on top of and below the logo.
Article 6
Residence: Beijing.
Chapter Two Scope of Business
Article 7 Scope of Business
(i) Publicize China’s economic and trade laws, regulations, policies, and rules, and supervise business of member companies.
(ii) Strengthen ties with relevant government departments for a bigger role in connecting the government and enterprises; represent the common interests of both the industry and member companies, and reflect their demands and opinions to the government; provide advice and recommendations to government policies and regulations.
(iii) Participate in decision-making of industry-related laws and regulations, macro-control and industrial policies; organize or participate in the formulation and revision of industry standards, development plans and industry access conditions for the development of the industry.
(iv) Strengthen ties, exchanges and cooperation with scientific institutes, manufacturers and distributors of the medical community, exchanges and cooperation, promote integration between science, industry, optimization of product mix, and guarantee of business order.
(v) Quality certification, new technologies and product identification and promotion, accident identification. Develop and implement industry code of ethics, enable industry integrity.
(vi) Coordinate trade and investment of medicines and health products according to government approval, requirements of member companies or peer protocol. Conduct feasibility studies and order volume of aid to foreign countries, government project research, and participate in the assessment of government-identified bases.
(vii) Establish its own website, release publications, and provide member companies with legal, policy, technology, management, marketing and other information and consulting services.
(viii) Coordinate with trade disputes. Organize relevant companies to respond to trade protection measures against Chinese healthcare industry with the aim to maintain industrial security.
(ix) Organize national and international seminars, conduct talent, technology, management, regulatory and other domestic and international business training to help companies improve quality, enhance innovation, improve management.
(x) Organize professional exhibitions inside and outside of China; organize or coordinate the industries and enterprises to participate in various exhibitions at home and abroad; organize member to study abroad and conduct technical exchanges; to promote excellent foreign enterprises, help enterprises to promote products and develop international markets, promote economic and trade development of the sector.
(xi) Participate in the international industry organizations on behalf of the industry; attend the relevant international professional meetings to strengthen cooperation with relevant government departments and with foreign trade associations, exchanges and cooperation, regulate and supervise the business of foreign exchange activities; participation in intergovernmental trade consultation, safeguard the interests of the domestic industry.
(xii) Establish, improve industry self-regulatory mechanism to promote industry self-regulation and corporate self-discipline, promote code of conduct among its members. Coordinate between members to safeguard fair competition and the common interests of member companies.
(xiii) Establish an industry public service platform to carry out domestic and foreign investment, financing, mergers and acquisitions, outsourcing, registration certification consulting, certification, quality inspection and other intermediary services.
(xiv) Fulfill other duties as assigned by the competent authority under the State Council or programs according to the development needs of its members.
Chapter Three Members
Article 8
Members of the Chamber include organization members and individual members. The Chamber classifies the members into different categories to meet the need of its business development.
Article 9
Anyone who applies for membership must meet the following conditions：
(i) Advocates the Charter of the Chamber;
(ii) Joins the Chamber on a voluntary basis;
(ii) Legally registered and involved in trade, investment or other activities related
to medicines and health products in P.R. China.
Article 10 Procedure of Admission
(i) Submitting application;
(ii)Organization members are required to provide official certification of
registration and individual members are required to provide a scanned copy of ID
card;
(iii) A member certificate is issued by the Executive body entrusted by the
Council of the Chamber after application documents are approved and member
fees are duly paid to the Chamber.
Article 11 Rights of the Members
(i) Right of election, be elected and voting;
(ii) Right to attend activities organized by the Chamber;
(iii)Right to enjoy services offered by the Chamber;
(iv)Right to give suggestions to and supervise the work of the Chamber;
(v) Right to report wrong-doings, propose punishment and lodge claims;
(vi) Right of seeking or giving up membership by free will.
Article 12 Obligations of the Members
(i) Obeying the laws and administrative regulations; following the economic and
trade policies of the government;
(ii) Abiding by this Charter; following the resolution, decisions and rules of the
Chamber and its sub-committees.
(iii) Respecting the interest of the State and the Industry; refusing to compromise
the reputation and interests of the Chamber or any of its members.
(iv) Paying member fee as required;
(v) Sharing information with the Chamber and working with the Chamber on
entrusted tasks where necessary.
Article 13
Any member should provide a written notification and return the member certificate to the Chamber to terminate its membership.
Any member that fails to fulfill its obligation in two successive years will be regarded as ceasing its membership.
Article 14
Any member who refuses to follow this Charter, or any rules of the Chamber is subject to oral notification, warning or membership suspension; In serious cases, the Council or Executive Council reserve the right to vote for terminating its membership.
Chapter Four The Governing Body, Election and Removal of the
Responsible Personnel
Article 15
The Member Representative Assembly is the highest Authority of the Chamber with the following rights and responsibilities:
(i) Adopting and amending the Charter;
(ii) Electing or removing the members of the Council;
(iii) Setting and revising the Member Fee rates;
(iv) Reviewing the work report and financial report submitted by the Council;
(v) Reviewing the proposals raised by the Council, the sub-Committees or
proposals jointly raised by over one fifth of the member representatives;
(vi) Deciding on the termination of the Chamber;
(vii) Deciding on other significant issues.
Article 16
The representatives of the Member Representative Assembly should be democratically elected or negotiated by the members. The procedures should be decided by the Council which is in charge of the preparation of the meeting of Member Representative Assembly.
Article 17
The general Assembly of Member Representative should only be convened with at least two thirds of the members (or their representatives) present. Any resolution shall not come into force unless after being approved by at least half of the representatives attending.
Article 18
The general Assembly of Member Representative is held every four years. Under special circumstance or when proposed by more than one third of the member representatives, a special Member Representative Assembly could be convened for an advanced or delayed election. Such special Member Representative Assembly should be held in accordance with Article 17, and plans of which shall be reported to the responsible Competent Authority or Ministry of Civil Affairs for approval. Delayed election shall not exceed 1 year.
Article 19
The executive body of the Member Representative Assembly is the Council. The Council manages the daily work of the Chamber during the intersessions of the general Assembly of Member Representative.
The Council wil be elected by the Member Representative Assembly based on democratic negotiation, within a namelist of candidates, which is formed by self-recommendation or joint-recommendation by the members. The name list of the candidates shall be decided by the Council which is in charge of the preparation of the meeting of Member Representative Assembly.
Article 20
The Council reports to the Member Representative Assembly, and has the following duties and responsibilities:
(i) Implementing the decisions of the Member Representative Assembly;
(ii) Electing or removing the President, Vice President, Secretary General and the standing council members;
(iii) Preparing for the meeting of Member Representative Assembly;
(iv) Reviewing and approving the industry development strategy;
(v) Submitting the work report and financial report to the Member Representative Assembly;
(vi) Reviewing and approving the annual work plan and the finance budget and final account;
(vii) Accepting or removing a member;
(viii)Deciding on the establishment, cancellation and change of the functional departments, subsidiaries, representative offices and entities;
(ix) Deciding on the title of Honorary Appointments and their candidates;
(x) Deciding on the deputy secretary generals and other principal responsible personnel;
(xi) Organizing the daily work of the Chamber;
(xii) Working out internal administrative rules of the Chamber;
(xiii) Deciding on other issues of significance to the Chamber.
Article 21
The meeting of the Council should not be convened unless at least two thirds of the members of the council are present. Any decision to be passed by the meeting will come into force only after being approved by over two thirds of the members attending the meeting.
Article 22
The Council meeting is held at least once a year. The meeting will be requested and chaired by the President of the Chamber. Where necessary as deemed by the President or one third of the members of the Council, a special meeting of the Council could be convened. Under some circumstances, Teleconference is considered acceptable.
Article 23
A Standing Council is set up for the Chamber. In principal, the members of the Standing Council are no more than one third of the members of the Council. The Standing Council should be elected by the Council, and report to the Council. During the intersessions of the meeting of the Council, the Standing Council will perform duties and responsibilities described in item 1, 3, 4, 6, 7, 8, 10, 11, 12 of Article 20.
Article 24 The meeting of the Standing Council should not be convened unless at least two thirds of the members of the council are present. Any decision to be passed by the meeting will come into force only after being approved by over two thirds of the members attending the meeting.
Article 25
The Standing Council meeting is held at least once every half a year. The meeting will be requested and chaired by the President of the Chamber. Where necessary as deemed by the President or one third of the members of the Standing Council, a special meeting could be convened. Under some circumstances, Teleconference is considered acceptable.
Article 26
There are one President, several full-time Vice Presidents, several part-time Vice Presidents, one Secretary General and several deputy Secretary Generals in the Chamber.
Article 27
The candidates of the President, full-time Vice Presidents and Secretary General can be recommended by the competent authority of the Chamber, or be recommended by more than half of the members of the Council; the candidates of part-time Vice Presidents should be recommended by at least two thirds of the members of the Council;
The candidates of the President, full-time Vice Presidents and Secretary General recommended by the competent authority of the Chamber, and the candidates of deputy Secretary General recommended by the President, will rightfully be the candidates of the members of the Council.
Article 28
A President’s Administrative work meeting is held in the Chamber. The President, full-time Vice Presidents, Secretary General and deputy Secretary General should attend this meeting. The meeting is suggested and chaired by the President to decide on the daily work of the Chamber according to democratic consultation.
During the intersessions of the meeting of the Standing Council, the President, on behalf of the President’s Administrative work meeting, performs the following duties:
(i) Suggesting and chairing the meeting of the Council and the Standing Council;
(ii) Reviewing the implementation of the decisions of the Member Representative Assembly, the Chamber Council and the Standing Council;
(iii) Recommending candidates of deputy secretary general to the Council or the Standing Council;
(iv) Proposing suggestions to the establishment, cancellation or change of the functional departments, and principal personnel in charge of such departments to be approved by the Council or the Standing Council;
(v) Deciding on the personnel of the functional departments, sub-branches, representative offices;
(vi) Organizing the daily work of the functional departments and the implementation of the annual work plan;
(vii) Handling other daily work;
The full-time Vice Presidents and Secretary General should assist the President in performing duties.
Article 29
The President, full-time Vice Presidents and Secretary General should meet the following criteria:
(i) Adhering to the line, principles and policies of the governing party;
(ii) Having working experience in related fields;
(iii) Not exceeding the age limit required for the positions. The Secretary General must be full-time;
(iv) Physically healthy for the position;
(v) Having good record in the past;
(vi) Having full capacity for civil conduct.
Article 30
Should the President, full-time Vice Presidents or Secretary General are beyond the required age limit, such appointments should only be valid after having been voted by the Council, reviewed by the Ministry of Commerce and approved by Ministry of Civil Affairs.
Article 31
The President, full-time Vice Presidents and Secretary General each take a term of 4 years. Re-electing is possible, but President is not allowed to take more than 2 terms. Where an extension is necessary, such extension should be voted by at least over two thirds of the representatives of the Member Representative Assembly, reviewed by the Ministry of Commerce and approved by the Ministry of Civil Affairs
Article 32 The President being the legal representative of the Chamber
Under special circumstances, entrusted by the President and agreed by the Council, after being reviewed by the Ministry of Commerce and approved by the Ministry of Civil Affairs, a full-time Vice Presidents or Secretary General could be the legal representative of the Chamber.
The legal representative of the Chamber should not hold a concurrent post of legal representative of other organizations.
Article 33
In principal, the number of part-time Vice Presidents should be no more than one third of the members of standing council. The part-time Vice Presidents have the following duties:
(i) Assisting the President’s work, including joining or hosting the research, decision making and implementation of the Major and Special work of the medicines and health products industry and the Chamber;
(ii) Attending major activities of the Chamber as requested by the Chamber;
(iii)Supervising the executive office of the Chamber in implementing the decisions of the Member Representative Assembly, the Council and the Standing Council;
(iv) Hosting activities such as important conferences of the Chamber, under the authorization of the President;
(v) Attending important meetings and foreign affairs activities on behalf of the Chamber, under the authorization of the President;
(vi) Attending activities of the Chamber and making suggestions on the forming of industry policies;
(vii) Promoting self-discipline among member companies;
(viii) Concerned about and supporting the Chamber’s work; enhancing the communication and exchanges between the executive office of the Chamber and its member companies; promoting the Chamber to increase its influence and authority in the Industry;
(ix) Collecting feedbacks and problems from the companies within the same region or industry, and where applicable, making due suggestions and sharing with the Chamber;
(x) Participating in other work authorized by the President or suggested by the Chamber.
Article 34
The part-time Vice Presidents perform their duties mainly through attending the All Presidents Conference. During the intersessions of the All Presidents Conferences, the part-time Vice Presidents can submit written suggestions or opinions, request to review relevant working documents, and listen to the report of the certain ongoing projects in the Chamber.
Article 35
The All Presidents Conferences are held every 2 years. A special conference can be held as deemed necessary. The conference is suggested and chaired by the President or the executive full-time Vice President of the Chamber. Full-time Vice Presidents, part-time Vice Presidents, Secretary General and deputy Secretary General should attend this conference. The conference cannot be convened unless over two thirds of the members are present. Any decision of the conference will come into force only after being approved by at least over two thirds of the members attending the conference.
Chapter Five Functional Body, Subsidiaries and Representative Offices
Article 36
Functional bodies to handle the Chamber’s daily work can be set up according to the needs and after approved through discussions by the Council or the Standing Council. The establishment of these bodies must be in accordance with the relevant regulations of the government.
Article 37
Subsidiaries and Representative Offices could be established according to business needs, after discussed on and approved by the meeting of the Council or the Standing Council. Establishment of which shall be subject to the review of the competent authority before registration at the responsible registration administration department.
Article 38
Subsidiaries and Representative Offices are components of the Chamber and do not have Legal Person Status. They should work within the field as this Charter indicates and under the authorization and supervision of the Chamber.
Article 39
A liaison office can be set up by the Chamber within a certain region to enhance communication, share information with members of that region and undertake special tasks assigned by the Chamber in the same region.
Chapter Six Financial Management
Article 40 Income of the Chamber includes:
(i) Member Fee;
(ii) Donation;
(iii) Government funding;
(iv) Incomes from the activities and services within the approved business scope;
(v) Other legal incomes;
Article 41
The Chamber charges member fee according to the relevant regulations of the government.
Article 42
The member fees collected by the Chamber could only be used within the business field and for the development of the industry as this Charter indicates. Member fees are not allowed to be allocated among its members.
Article 43
The Chamber adopts the budget and final accounts system for the management of the member fees. Budget and accounts of member fees need to be reviewed and approved by the Council. The Council members, as entrusted by the Council, can check the implementation on a regular or irregular basis.
Article 44
The Chamber implements the Nongovernmental Nonprofit Organization Accounting System, and establishes a strict financial management system to ensure legality, authenticity, accuracy and integrity of accounting information.
Article 45
Asset management of the Chamber shall be implemented according to the regulations concerning national financial management system and supervised by the Membership Representative Assembly and the competent financial authority. Revenues of donations and government funding shall be supervised by the audit institution, and details of which shall be open to the public in a proper manner.
Article 46
The Chamber is staffed with professional accountants. The accountants shall not concurrently hold the position of cashier. The accountant shall also conduct financial accounting and accounting supervision, observe the financial regulations and professional ethics and develop an annual financial report. Handing-over procedures shall be finished before the accountant leaves his or her job.
Article 47
Change of term or the legal representative shall be audited by auditors recognized by the Ministry of Commerce and the Ministry of Civil Affairs.
Article 48
Any organization or individual is prohibited from occupying, taking possession of, or misappropriating the assets of the Chamber.
Article 49
Salaries, benefits and social insurances of full-time employees are provided according to relevant regulation of the country.
Chapter Seven Procedures for the Revision of the Charter
Article 50
Revisions to the Charter shall be voted through by the Council before reporting to the Member Representative Assembly to be reviewed.
Article 51
Revisions to the Charter shall be valid after being reviewed and agreed by the Ministry of Commerce and the Ministry of Civil Affairs within 15 days after passing through the Member Representative Assembly.
Chapter Eight Procedure of Dissolution and Settlement of Assets
Article 52
Where there is the need to dissolve the Chamber due to the Chamber completing its mission, setting up branches or forging coalition, such proposals need to be raised by the Council or Standing Council.
Article 53
The decision of dissolution of the Chamber needs to be approved by the Member Representative Assembly, and reported to and approved also by the Competent Authority.
Article 54
Before the Chamber ceases to perform its duties, a liquidation group should be established under the guidance of the competent authority and other relevant department to handle liquidation and related matters. Other activities shall not be carried out during the liquidation period.
Article 55
The Chamber is considered dissolved after the registration is cancelled by the registration department of social organizations.
Article 56
Upon dissolution of the Chamber, the assets shall, under the supervision of the competent authorities and registration department of social organizations, and according to the relevant regulations of China, be used solely for social undertakings related to the purpose of the Charter.
Chapter IX Supplementary Provisions
Article 57
This Charter is passed by the Member Representative Assembly on August 10, 2012..
Article 58
The Council has the ultimate interpretation of this Charter.
Article 59
This Charter comes into force upon review and approval by the registration authority of social organizations.