Rules of Beijing Association of Online Media (BAOM)

　　Chapter I

　　General Provisions

　　Article 1 The English name of the Association is Beijing Association of Online Media (BAOM).

　　Article 2 The Association is a nonprofit legal entity which is registered through the approval of the organ responsible for registration and administration of mass organizations in Beijing and which is voluntarily and jointly founded by news agencies and non-news agencies, relevant educational, scientific research institutes and other units and individuals in Beijing which have secured approval according to law to provide news and information services through the Internet.

　　Article 3 The BAOM aims to publicize state laws, regulations and policies to the online media, advocate the social responsibilities and professionalism of the online media, appraise the behaviors of members in violation of relevant state laws and regulations, assist competent government departments in strengthening management, safeguard the national information security and social and public interests, protect the legitimate rights and interests of members and promote the sound and orderly development of the Internet news and information services in accordance with the Constitution of the People’s Republic of China and state laws and relevant laws and regulations on the administration of Internet news and information services..

　　Article 4 The Association is subject to the professional guidance and supervision and management of the Publicity Department of Beijing Municipal CPC Committee, the Information Office of Beijing Municipal People’s Government and the Office for Administration of Mass Organizations in Beijing.

　　Article 5 The organizational principle of the Association is democratic centralism. The Association operates according to its Rules which is adopted at the members’ representative conference and registered through approval.

　　Article 6 Its office is located in Beijing.

　　Chapter II

　　Scope of Business

　　Article 7 The Association organizes members and encourages them to study relevant laws and regulations on administration of Internet news and information services and theories on Internet news media, and improve the services of online media.

　　Article 8 The Association encourages and supervises the observance of discipline and laws and statutes and regulations on administration of Internet news and information services in online media.

　　Article 9 The Association formulates and implements the joint pledge on self-discipline in online media in Beijing, coordinates relations among members, appraises the behaviors of members in violation of relevant state laws, regulations and joint pledge, enhances the awareness of professional self-discipline, improves self-discipline measures, continues to raise the quality of professional services, establishes the professional self-discipline mechanism featuring “self-restraint, mutual supervision, fair competition and sound development” and protects the national interests and the legitimate rights and interests of users.

　　Article 10 The Association takes the initiative to provide training to employees in member units and raise their political level and professional competence.

　　Article 11 The Association takes the initiative to conduct activities which are conducive to the development of online media, undertake research, development and promotion of new technology and strengthen cooperation in online media.

　　Article 12 The Association takes the initiative to conduct investigations and research in online media and study the theories on Internet news and information communication, explores and discusses the law and plan for the development of online media and makes suggestions to the government and relevant administrative departments.

　　Article 13 The Association protects the legitimate rights and interests of members and takes the initiative to report the wishes and reasonable requests of members and online media to the competent government departments.

　　Article 14 The Association takes the initiative to organize and strengthen international exchanges and cooperation in online media,participates in competition in international media and publicizes Beijing and China to the world through the Internet.

　　Article 15 The Association establishes and improves the reward mechanism, conducts reward activities and encourages the emergence of fine works and competent personnel.

　　Article 16 The Association edits and publishes its journal.

　　Article 17 The Association conducts other activities related to online media.

　　Chapter III

　　Members

　　Article 18 Members of the Association include group and individual members.

　　Article 19 Those news agencies and non-news agencies, relevant educational, scientific research institutes and other units and individuals in Beijing which have secured approval according to law to provide news and information services through the Internet and which accept the Rules of the Association and pay membership dues can apply to become members of the Association.

　　Article 20 Procedures for becoming members of the Association are as follows:

　　1.To present applications for joining the Association;

　　2.To secure approval at the council; and

　　3.To obtain membership cards issued by the council or the organ authorized by the council.

　　Article 21 Members of the Association enjoy the following rights:

　　(1) To enjoy the right to vote and to stand for election;

　　(2) To make criticism and suggestions and exercise supervision with regard to the work of the Association;

　　(3) To have precedence to obtain the services of the Association;

　　(4) To participate in the various activities of the Association;

　　(5) To have the right to ask the Association to protect their legitimate rights and interests;

　　(6) To have the right to inform against and lodge complaints over members’ violations of the Rules of the Association and the joint pledge and the behaviors of unfair competition and ask the Association to take necessary measures;

　　(7) To have the right to ask the Association to coordinate relations between competent government departments and other relevant units;

　　(8) To have the right to participate in appraisal of other members; and

　　(9) To join the Association voluntarily and quit it freely.

　　Article 22 Members of the Association should perform the following obligations:

　　(1)To carry out the decisions of the Association and perform the obligations which conform to its Rules;

　　(2)To be subject to the joint pledge on self-discipline concerning online media in Beijing and comply with its provisions;

　　(3)To accept the appraisal of members, observe the rules on appraisal and implement the results of appraisal;

　　(4)To take the initiative to participate in the various activities organized by the Association;

　　(5)To provide information and materials related to the organs to the Association;

　　(6)To pay membership dues according to regulations (standards for membership dues are clearly set at the members’ representative conference according to the relevant regulations, in light of actual conditions of the Association and on the basis of securing the approval of members.); and

　　(7)To safeguard unity, increase cooperation and refrain from doing things which are detrimental to the common interests and reputation of online media.

　　Article 23 If a member wants to quit the Association, it should inform the Association in writing and return the membership card.

　　Article 24 If a member seriously violates the Rules of the Association, its name will be removed after this is voted through at the meeting of the council.

　　Chapter IV

　　Organizational Structure

　　Article 25 The highest organ of authority of the Association is the members’ representative conference. Its main responsibilities are as follows:

　　1.To revise the Rules of the Association;

　　2.To elect or dismiss members of the council or supervisors;

　　3.To examine the work report and financial report of the council and the board of supervisors;

　　4.To formulate the yearly budget and examine final accounts;

　　5.To decide on matters concerning major change and termination; and

　　6.To decide on other major matters.

　　Article 26 Only when over two-thirds of representatives for members attend a members’ representative conference can it be held. Only when a decision is voted through by over two-thirds of representatives for members present at the conference can it be valid.

　　Article 27 The term of office for representatives for members who attend the members’ representative conference is three years. If the conference needs to be held temporarily or before the due date or postponed under special circumstances, this must be voted through by the council, examined by the organ in charge of online media and approved by the organ in charge of administration of registration of mass organizations. But the delayed re-election when the term of office expires cannot be more than one year.

　　Article 28 The council is an executive organ of the members’ representative conference. When the conference is not in session, it leads the Association in routine work and is responsible to the conference. Members of the council are chosen according to the principle of democratic centralism and through democratic election and full deliberation and consultation. The term of office for members of council is three years and can be re-elected. The council has one president, several vice-presidents, one secretary-general, a few executive members and members.

　　President, vice-presidents, secretary-general, executive members and members of the first council are recommended by the sponsor organs and the competent administrative department through full deliberation and consultation.

　　Article 29 Responsibilities of the council are as follows:

　　1. To implement the decisions made at the members’ representative conference;

　　2. To elect or dismiss president, vice-presidents and secretary-general;

　　3. To prepare for convocation of the members’ representative conference;

　　4. To report the work and financial position to the members’ representative conference;

　　5.To decide on admission or dismissal of members;

　　6.To decide on establishment of offices, branch offices, representative agencies and other organs;

　　7.To decide on appointment of deputy secretary-generals and chiefs in charge of different organs;

　　8.To lead different organs of the Association in their work;

　　9.To formulate the internal management system; and

　　10.To accept opinions about dealing with violations of discipline in the Associatoin aired by the board of supervisors.

　　Article 30 Only when over two-thirds of members of the council can its meeting be held. Only when a decision is voted through by over half of the members can it be valid.

　　Article 31 The meeting of the council is held once every year, and video meetings are also acceptable.

　　Article 32 The Association has the executive council. Members of the executive council are elected at the meeting of the council. When the meeting of the council is not in session, the executive council performs the functions and powers prescribed in 1, 3, 5, 6, 7, 8 and 9 of Article 29 and is responsible to the council.

　　Article 33 Only when over two-thirds of members of the executive council can its meeting be held. Only when a decision is voted through by over half of the members of the executive council can it be valid.

　　Article 34 The meeting of the executive council is held at least once every six months, and video meetings are acceptable under special circumstances.

　　Article 35 President, vice-presidents and secretary-general of the Association must meet the following conditions:

　　1. To adhere to the Party’s principles, line and policies and have political integrity;

　　2. To be influential in the work of the Association;

　　3. To be under 70 years old.

　　4.To be in good health and maintain normal work;

　　5.To have no criminal record of deprivation of political right; and

　　6.To have complete civil capacity.

　　Article 36 The legal representative of the Association is President of the council. President of the council can serve during no more than two terms of office.

　　Article 37 President of the Association performs the following functions and powers:

　　1. To call and preside over the meeting of the council;

　　2. To examine the implementation of decisions made at the members’ representative conference and the meeting of the council;

　　3. To sign relevant important documents on behalf of the Association; and

　　4. When President of the Association cannot perform his/her powers, he/she can entrust the secretary-general to perform his/her powers instead.

　　Article 38 Secretary-general of the Association performs the following functions and powers:

　　1. To take charge of routine work of offices and organize implementation of the yearly work plan;

　　2. To organize the decisions made at the members’ representative conference and the meeting of the council;

　　3. To coordinate the work of different departments of the association;

　　4. To nominate deputy secretary-generals and chiefs of offices, branch offices, representative agencies and other organs and present the list of names to the council for approval;

　　5. To decide on appointment of employees in offices and other full-time employees; and

　　6. To handle other routine work.

　　Article 39 Board of Supervisors

　　The Association has the board of supervisors. It consists of five members who are elected at the members’ representative conference and is responsible to the members’ representative conference. Its main responsibilities are as follows:

　　1. To elect Chairperson of the Board of Supervisors;

　　2. To attend the meeting of the council;

　　3. To supervise the Association and its leading cadres to ensure that they conduct activities according to the Regulations, relevant laws and regulations and the internal management system;

　　4. To supervise the Association and its leading cadres to ensure that they conduct activities according to the approved Rules, the scope of business and the internal management system;

　　5. To supervise the behaviors of members of the Association which violate its discipline and impair its reputation;

　　6. To supervise the financial position of the Association; and

　　7.To offer opinions about dealing with the Association’s violations of laws and discipline, present them to the council and supervise implementation.

　　Chapter V

　　Assets Management

　　Article 40 The sources of the Association’s funds are as follows:

　　1.Membership dues;

　　2.Donations;

　　3.Financial support from the government;

　　4.Income from activities or services within the approved scope of business;

　　5.Interest; and

　　6.Other legal income.

　　Article 41 According to the relevant state regulations, the Association collects membership dues. During the period of the first members’ representative conference, no membership dues will be collected.

　　Article 42 The Association’s funds must be used for development of online media within the scope of business as prescribed in its Rules, and they cannot be distributed among its members.

　　Article 43 The Association establishes a rigorous financial management system, strictly implements the system of budget and final accounts for financial management and ensures the legitimacy, authenticity, accuracy and intactness of accounting materials.

　　Article 44 The Association has professionally competent accountants. Accountants cannot concurrently serve as cashiers. Accountants must conduct accounting and exercise accounting supervision. When an accountant is transferred to another job or quits his/her job, he/she must handle handover formalities with the new staff.

　　Article 45 The assets management of the Association must be subject to the methods of financial management as prescribed by the state. If the sources of funds are appropriations from the state or donations and financial support from all sectors of society, they must accept the supervision by the auditing organ, and the auditing results must be made known to the public in appropriate ways.

　　Article 46 During every fiscal year and when the term of office expires and members of the council are re-elected or there is the need to change legal representative, the Association must accept the financial auditing by the organ for administration of registration of mass organizations and the competent government department.

　　Article 47 No units or individuals can embezzle, distribute and diverted to other purposes the Association’s assets.

　　Article 48 The wages and salaries, insurance and welfare benefits of full-time employees of the Association are handled according to relevant state regulations concerning institutions.

　　Chapter VI

　　Procedures for Termination

　　Article 49 If the Association needs to be cancelled owing to fulfillment of its purpose, dissolution on its own, separation or merger, its council will make a proposal for termination.

　　Article 50 The proposal for termination of the Association must be voted through at the members’ representative conference and be submitted to the competent government department for examination and approval.

　　Article 51 Prior to its termination, the Association must establish a liquidation organ under the guidance of the competent government department and the relevant organs, clear debts and claims and handle matters concerning debts.

　　Article 52 After the Association handles formalities for registration of cancellation in the organ for administration of registration of cancellation of mass organizations, it is terminated.

　　Article 53 The remaining property of the Association following its termination is used for development of business related to its purpose according to the relevant state regulations under the supervision of the competent government department and the organ for administration of registration of mass organizations.

　　Chapter VII

　　Supplementary Provisions

　　Article 54 The Rules of the Association were voted through at the members’ representative conference on September 9, 2004.

　　Article 55 The authority to interpret the Rules of the Association is vested in its council.

　　Article 56 The Rules of the Association will come into effect from the day of approval by the organ for administration of registration of mass organizations.