Constitution

The Constitution of the China Family Planning Association (Updated and Adopted on January 10 th,2006, in the Tenth National Assembly of CFPA)

Chapter One: General Provision

Article 1 The China Family Planning Association, hereinafter referred to as CFPA, is located in Beijing, with its standing vice-president as its legal representative.

Article 2 CFPA shall be a nationwide, non-for-profit, non-government organization under the leadership of Chinese Communist Party. Insisting on a scientific, human-oriented development concept, CFPA shall assist the government in motivation the broad masses of people to participate in building a well-off society in and all-round way, in building a harmonious society, in promoting grassroots democratic politics, in improving population, family planning and sex and reproductive health work, and in pushing forward a harmonious development in population, economy, society, natural resources, and environment.

Article 3 CFPA shall abide by the Constitution, laws, regulations and policies of the country. Its ultimate aim is to serve the broad masses of people wholeheartedly.

Article 4 CFPA shall maintain the principle of justice, fairness, equality and democracy and shall not unfairly discriminate on the grounds of ethnic origins, race, gender, trade, party, religion, belief, creed, educational level, age, economic status of physical disability.

Article 5 CFPA shall lead the broad masses of the people in self-education, self-governance, self-service, protecting the rights of its members and the masses. CFPA, via its members’ functions of leading, communication, service, supervision and exchange, shall serve the people of child-bearing age and the masses.

Article 6 As a full member of the International Planned Parenthood Federation (IPPF), CFPA shall abide by the IPPF Constitution and decisions, and implement the IPPF Constitution and decisions and its development strategies in accordance with the situation of China, and strengthen to exchange and cooperation with governments, non-government organizations and international organizations.

Article 7 CFPA shall receive professional guidance from the National Population and Family Planning Commission, and be subject to governance and supervision by the authorities concerned.

Article 8 CFPA shall respect the body corporate status of the Family Planning Associations at local levels, provide guidance and support them in formulating their constitutions and work plans based on their local conditions, and work in a creative way.

Chapter Two: Objectives and Missions

Article 9 CFPA shall assist the government in maintaining a low birthrate, promoting good prenatal and postnatal care, improving the equality of the newborn population, solving the problem of the artificial control of the sex ratio at birth, realizing the population and family planning objective and mission in the country, and promoting the reproductive health of the masses.

Article 10 Based on the need of the masses, CFPA shall endeavor to improve its service and capacity, and organize and advocate the masses to have less children, be well-off, healthy, and civilized.
a. To implement the policies, laws, and regulations on national population and family planning, and promote the masses’ awareness on family planning;
b. To help the masses, especially women, laid-off workers and migrant population with their problem in reproduction, production and livelihood, and develop population welfare programs.
c. To ensure ready access to sexual, reproductive health and STD and HIV prevention information and services for and the masses, especially the youth and migrant population in pursuit of the principle of voluntary and informed choices; CFPA is against any forms of orders by force.
d. To provide information and services on contraception and birth control to the masses and to work towards the elimination of unsafe abortion.
e. To reflect he appeals of the masses in family planning and reproductive health, to exercise the function of democratic participation and supervision, to publicize illegal behaviors and safeguard the legal rights and interests of the masses, especially the women and children.
f. To promote friendly neighborhood, equality between the sexes, love of the senior and the young, help between the neighbors and relief of the poor, good manners and trustworthiness, and to promote progressive marriage and birth culture.

Article 11 CFPA shall adapt to the new situation, new missions and new requirements, update its concepts and working methods, enhance the capacity building of its staff and mechanism building, improve its capacity in tapping and integrating the social resources, and its office work and information level, and make sure the objectives and missions fulfilled.

Chapter Three: Membership

Article 12 Membership of CFPA is classified into individual members and corporate members. Any citizen or institution of China is eligible for membership provided that he or she subscribes toe the Constitution of CFPA, loves the work of family planning, is willing to pay membership dues and supportive to family planning. No individual member shall use his or her position with the Association to make any profits for himself, herself, or others.

Article 13 Eligibility, Application or Withdrawal Procedures Any person is eligible for membership provided that his or her application is submitted to and approved by a majority of the Executive Committee of the Local FPA where he or she resides in
Any institution is eligible for membership provided that its application is submitted to and approved by a majority of the Standing Executive Committee of the Local FPA.
Any institution at the country level is eligible for membership provided that its application is submitted to and approved by a majority of the Standing Executive Committee of CFPA.
An individual member or a corporate member shall be awarded a membership certificate by the FPA that approves its application.
An individual member or a corporate member shall give a notice in writing to the FPA that approves its application and return its membership certificate when the individual member or the corporate member decides to withdraw from the FPA.

Article 14 Rights of a member of FPA
a. the right to elect, the right to be elected, and the right to vote;
b. the right to hear and review the work report of the FPA, to know the financial status of the FPA;
c. the right to enjoy membership privilege or to be commended;
d. the right to raise criticism and proposals to the local FPA, or to supervise the work of the FPAs at higher levels;
e. the right to withdraw from the FPA.

Article 15 The Members of the Association shall have the following duties and obligations:
a. commit themselves to be bond by the Constitutions of the Association;
b. have a responsibility, whenever it is possible for them, to further the aims, objectives and roles of the Association;
c. pay the membership dues as scheduled;
d. participate in activities of the Association;
e. reflect the appeals of the masses;
f. perform such other duties and obligations as the Association may require from time to time.

Article 16 Those individual members who violate the Constitution of the Association shall be deprived of their membership provided that the motion is carried by a vote of a majority of the members of the Council or the Standing Executive Committee of the local Family Planning Association to which the member in question belongs. Membership of those individual members who have been deprived of political rights due to their criminal offense shall be automatically ceased
Membership of those individual members who can not fulfill the duties and obligations required by the Association shall be disqualified with the approval of the Council of the Family Planning Association to which they affiliate. Membership of those corporate members who refuse to fulfill the duties and obligations required by the Association shall be disqualified with the approval of the Standing Council of the Family Planning Association to which they affiliate. Individuals or institutions who are deprived of their membership may apply for membership of the Association again after a lapse of two year, provided that they are eligible at the time of application.

Article 17 Upon the approval of the Standing Council, CFPA may grant honorary titles and issue honorary certificates and medals to those personage of the country, overseas Chinese and international friendly personage who have made notable contribution to the Association.

Chapter Four: Governing Bodies

Article 18 The work and development of CFPA shall be decided by the National Assembly, the National Council and the Standing Council via democratic procedures; decisions made via democratic procedures shall be implemented by the National Assembly, the National Council and the Standing Council.

Article 19 The National Assembly shall be the highest organ of power of CFPA. The National Assembly shall exercise the following functions:
a. formulate, revise, or abolish the Constitution;
b. review and approve the strategic plan of the Association;
c. review and approve the work report of the last National Council and its financial report;
d. elect or remove the members of the National Council;
e. resolve on dissolution of CFPA;
f. discuss and resolve on other significant issues.

Article 20 The National Assembly shall be convened once every five years and may be advanced or postponed, when deemed necessary, within the period of one year. A notice of every meeting shall be given to each member 20 days before the meeting.
Number and allotment of representatives to the National Assembly shall be specified by the Standing Council in accordance with the size of Assembly and the number and distribution of the members in each place and the need of the FPA work. The representatives shall be elected from lower to higher administrative levels through recommendations in each province/autonomous region/municipality. The institutional members at the country level and representative of these institutions shall be contacted and consulted by CFPA.
CFPA shall encourage full participation of members of all ages and emphasize gender equality in the process of electing the representatives.
The National Assembly shall be presided over by a presidium of the Assembly. Every member of the Assembly shall have one vote upon one motion. An individual member with the right to vote may authorize another member with the right to vote, to act for him or her by proxy.

Article 21 The National Council, with not fewer than 150 members and at least 50% female members elected from the representatives entitled to vote by the National Assembly in accordance with the principle of ensuring full participation of all ages and gender equality, shall act for the National Assembly in taking up the responsibility for the implementation of resolutions adopted by the National Assembly.
The National Council Meeting shall be convened by the National Standing Council once every year. An adequate notice of a minimum of 20 days shall be given for the National Council’s Meeting.

Article 22 The National Council shall exercise the following functions:
a. convene the National Assembly;
b. review and approve the working report of the Standing Council;
c. elect or recall the president, Standing Vice President, Vice President(s), Treasurer and Members of the Standing Council;
d. review and approve the Annual Work Plan, Work Program/Budget, Annual Report and Financial Statements of the Association;
e. take advantage of CFPA, and incorporate social resources;
f. decide on other significant issues in the development of FPA.
If there is a vacancy or need for substitution in the National Council, the Family Planning Association of its original electoral district or institution shall nominate candidate(s) for filling the vacancy and/or for substitution. The nominee shall be assessed and approved by the standing Council and conformed by the National Council of CFPA.

Article 23 The Standing Council, composed of at least 35 members, with 50% of female members, elected from the members of the National Council on the basis of their consultative capability and representativeness, shall act for the National Council in taking up the responsibility for the implementation of resolutions reached at the National Council Meetings.
The Standing Council Meeting shall be convened by the President or Standing Vice President once every three months in general, or convened in other forms when deemed necessary.

Article 24 The Standing Council shall exercise the following functions:
a. convene the National Council Meeting;
b. study such important issues as development strategies of FPA, incorporation of social resources, and enhancement of institution, which are significant in CFPA’s sustainable development;
c. appoint or dismiss the Secretary General, or the Deputy Secretary General;
d. attend to program reports of the Executive Body and study on proposals of significance raised by the Executive Body and special and hoc committees;
e. review and approve the Annual Work Report submitted by the National Council;
f. investigate the work of CFPA and raise suggestions on the improvement of CFPA;
g. discuss and decide on other major issues.

Article 25 The term of service for each member of the National Council and Standing Council and for each of the office bearers, President, Vice president, Vice president(s) and Treasure shall be five years. The maximum tenure shall be two terms for the President, and the maximum age for the Standing Vice President, Vice President(s) and Treasure shall be 70 years old. Any prolonging shall be decided by vote in the National Council.

Article 26 The quorum for all significant meetings of National Assembly, National Council or Standing National Council shall consist of a simple majority of the respective voting members, the act of the National Assembly, National Council or Standing Council shall be the vote of a simple majority of their respective members present and entitled to vote if the quorum is present at the time of the vote.

Article 27 The president shall have the following duties and responsibilities:
a. oversee the overall program of the Association on behalf of the National Council;
b. convene and preside at all important meetings including that of the National Council and the Standing Council;
c. organize the study and making decisions on such important issues as development of CFPA.
d. Review and monitor the implementation of the resolutions and decisions made in the National Assembly, the National Council and the Standing Council;
e. fulfill such other function as designed by the National Council.

Article 28 The Vice President shall have the following duties/responsibilities:
The Standing Vice President shall assist the President and have the following duties/responsibilities;
a. assist the President in organizing the study and making decisions on such important issues as development of CFPA;
b. take charge, as entrusted by the President, of routine activities of the Association, and govern the activities of the Executive Body;
c. assist the President in convening all important meetings including that of the Standing Council;
d. approve and sign contracts or documents creating and obligations for the Association;
e. coordinate with other Vice President(s) and standing members of the Council to perform their other duties;
f. entrusted by the President, supervise the work of CFPA staff.
The Full-time Vice President shall assist the President and the Standing Vice President, and supervise the work of CFPA staff.
The Vice President(s) shall have such duties and responsibilities as may be designated by the President, the National Council and the Standing Council of the Association, acting based on his/her social status and expertise.

Article 29 The meeting of the President and the vice President(s)
The important issues in the routine activities of the Association shall be decided in the meeting of the President and the vice President(s), and the meeting shall be presided by the Standing Vice President as may be designated by the President.

Article 30 The Treasurer shall have the following duties and responsibilities:
a. supervise the utilization and handling of the Association’s finances and properties;
b. render financial budgets and statements and submit the same to the National Council and the National Assembly;
c. perform such other duties as may be assigned by the National Council and the Standing Council.

Chapter Five: Executive Body

Article 31 CFPA shall set up an efficient executive body staffed with full-time working personnel. Following the principle of division of responsibility under collective leadership, and Executive Committee shall be set up, composed of the Standing Vice President, Secretary General and all the Department Directors. The Executive Committee shall be chaired by the Standing Vice President to discuss and decide on issues significant to the Association.

Article 32 The Secretary General shall take charge of the routine work of the executive body of CFPA. He/she shall have the following duties and responsibilities:
a. coordinating the departments to work according to the annual programs and budgets;
b. organizing the departments to contact and coordinate the members of the Council and the Standing Council, and to provide information for decision-makers;
c. strengthening the work and professionalism of CFPA’ staff;
d. coordinating such important issues as sustainable development.
The Deputy Secretary General shall assist the Secretary General in implementing his/her duties.

Article 33 The staff of CFPA shall have no rights to vote, shall not have his/her relative work in the Association, and shall not make use of his/her position for his/her own benefit or the benefit of his/her relatives.

Chapter Six: Local Organization

Article 34 The Family Planning Association at provincial, prefectural and county levels, including the Family Planning Associations affiliated to institutions equivalent to provincial, prefectural and county levels, are recognized as the local organizations of CFPA. Every local Family Planning Association shall set up an efficient management body and be provided with a full-time Vice President, Secretary General and as many staff as deemed necessary and may admit institutional members, as appropriate. Every local Family Planning Association shall formulate its own constitution, administer its own affairs and operate its own programs, provided that actions are consist with the aims and objectives of China Family Planning Association.

Article 35 Every local Family Planning Association shall formulate its own constitution based on the principle of the Constitution of CFPA, and work to implement its constitution and direct the work of FPAs in lower levels.

Article 36 The legal representative of the local association shall be the president of the association, vice president or secretary general appointed by the president.

Chapter Seven: Grassroots Organizations

Article 37 The family Planning Associations established in the sub-districts and residential areas of the rural areas, towns/township and administrative villages of the rural areas and grassroots units of government agencies, enterprises and institutions are recognized as the grassroots organizations of CFPA.

Article 38 Grassroots Family Planning Associations shall develop a widely-based membership inclusive of those personage highly regarded credibility, competency, expertise and enthusiasm in promoting family planning of all walks of life, and the activists among the people of reproductive age who take a lead n practicing family planning. The Council of the Grassroots Family Planning Association shall be mainly composed of the individual members from the masses.

Article 39 The Village-level Family Planning Association shall develop their membership networks composed of Member’s Clubs/Groups, Designated Members linking to specific families and centers for the activities of the Association.

Chapter Eight: Financial Management and Auditing

Article 40 Main sources of income of China Family Planning Association shall be:
a. fund from the Government;
b. donations from social bodies and from individuals;
c. donations from international organizations and friendly personage;
d. membership dues from the institutional members;
e. special fund in partnership with corporations for public interests;
f. income generated from paid services;
g. special fund from international cooperation programs;
h. other legitimate incomes.

Article 41 CFPA shall manage its financial activities within the business scope prescribed by the Constitution. Any corporation or individual shall not appropriate, seize, borrow or transfer for other use the fund or assets of CFPA/

Article 42 The budget and financial statement of CFPA and its accounts audited by the external auditor in accordance with established rules shall be submitted for review, approval and supervision to the National Assembly and the National Council. The sources and use of the fund of CFPA shall be monitored, reviewed, and audited by relevant departments. Those funds, from international donations shall also be managed, monitored and reviewed by the donors.

Chapter Nine: Supplementary Provisions

Article 43 The Association may be dissolved, for the purpose of division, merge or other reasons, by a resolution proposed in the National Council or the Standing National Council, passed at a National Assembly. The Association shall inform the local authorities and go through the procedures prescribed in the relevant laws and regulations.

Article 44 The right of interpretation of this Constitution shall rest on the National Standing Council of China Family Planning Association.

Article 45 This constitution shall be effective upon the date of the approval at the National Assembly of CFPA.

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