陕西省工商局发文支持农民专业合作社发展

State Administration for Industry and Commerce of Shaan Xi Province Issued A Document to Support the Development of Specialized Farmers Cooperatives

By: State Administration for Industry and Commerce of Shaan Xi Province

Source: Agricultural Office of Shaan Xi Province

A Suggestion Document of State Administration for Industry and Commerce of Shaan Xi Province About Further Support and Promote the Development of Specialized Farmers Cooperatives

Shaan Xi Industrial and Commercial Bureau Document (2009) No.1

Every Regional and Municipal Industrial and Commercial Bureau and Yang Ling Bureau,

For deeply practice the scientific outlook on development, carry out the spirit of the Third Plenary Session of the Eleventh Central Committee of the Party and the policy-decisions of provincial committee and government regarding to the expansion of domestic demand and promotion of stable economical development, implement The Suggestion About Deeply Implement the Service of the Scientific Outlook on Development And Promote the Economic Development Stably And Speedily of provincial bureau and promote the construction of new socialist countryside, presently given some suggestion below to make further support and promotion to the development of Specialized Farmers Cooperatives:

1.                   Make a further effort to raise the awareness of importance of support and promote the development of Specialized Farmers Cooperatives.

I.                    Development of Specialized Farmers Cooperatives is one important act to promote the new socialist countryside construction. Central Committee of Party and the State Council always pay highly attention on the work of agriculture, rural areas and farmers, especially emphasis on the fundamental relation between the issue of agriculture, rural areas and farmers and the issue of overall interests of the country. Establishment of the Specialized Farmers Cooperatives in market is another qualitative change with rural management system. This definitely will become one essential channel for civilian to participate in marketing economy and one essential stage to increase their household income.

II.                 Development of Specialized Farmers Cooperatives is one important option to promote the overall economic development level of Shaan Xi Province. Since the implement of Law of the People's Republic of China on Specialized Farmers Cooperatives, Specialized Farmers Cooperatives have gained a high-speed development in Shaan Xi. However, due to the influence by many different evidences, the cooperatives are still in little number, small scale and low-level condition. Every subordinate department should highly emphasize on the support and promotion of Specialized Farmers Cooperatives; realize the operation significance of the promotion function of Specialized Farmers Cooperatives toward household income increase, agricultural development, rural areas stabilization and agricultural industrialization and the promotion of new socialist countryside construction; strengthen the responsibility and the sense of mission to make great effort to support and promote the development of Specialized Farmers Cooperatives as important part of support of local economic development.

2.       Soften the terms of registration and support the establishment of Specialized Farmers Cooperatives with great effort.

III.               Soften the name approval of Specialized Farmers Cooperatives. Support the Specialized Farmers Cooperatives to use geographic name that can improve the publication effect of characteristic products and service; permit the name of Specialized Farmers Cooperatives concludes the name of Shaan Xi province that can be accepted and signed by local county bureau and then checked and issued by provincial bureau.

IV.               Widen the Channel of Fund-raising of Specialized Farmers Cooperatives. Within the contract period and under the prerequisite of irrevocable usage of farmland. Farmers can use the earnings of contracted management rights, forest ownership, fruitwood ownership to fix a price for fund to join in cooperative; permit the specialized proprietary technology and nonproprietary technology relating to agriculture that can legally be transferred be considered as non-monetary assets with intellectual property form after the evaluation to fix a price for fund to join in cooperative;

V.                  Soften the requirement of membership of Specialized Farmers Cooperatives. All farmers who have the legal contracted farmland management rights can apply to be a member of Specialized Farmers Cooperatives; permit the farmers apply to be a member of Specialized Farmers Cooperatives at other places with valid identification; permit farmers to join in many Specialized Farmers Cooperatives; through the mutual agreement of all members, the individually-owned business or solely owned enterprises that founded by farmers can join in the cooperatives as an independent farmer. On the behalf of farmer’s willingness and main body, encourage the agricultural enterprises, government institutions, countryside broker, plant keepers and animal keepers to lead and organize the Specialized Farmers Cooperatives.

VI.               Offer facilitation with Specialized Farmers Cooperatives Registration. Establishment application of Specialized Farmers Cooperatives can enjoy the green channel service, free consulting service of industrial and commercial registration department; in superior areas, industrial and commercial station can accept and hear a case even preliminary examine the application of Specialized Farmers Cooperatives, after that, county bureau approves and issues the business license; each region can choose one or two stations to do entrust registration trial spot refer to individually-owned business entrust registration regulation.

VII.             Registration avert to Specialized Farmers Cooperatives’ exhibition. It is free to do so when Specialized Farmers Cooperatives hold the exhibition, fair, introduction and so on for its own products.

3.       Keep a foothold of industrial and commercial function and make a great process to support the development of Specialized Farmers Cooperatives.

VIII.          Support the Specialized Farmers Cooperatives to expand investigation scope. Give necessary support to encourage Specialized Farmers Cooperatives open multiple shops, direct-sales shops and franchises in other regions to sell characteristic agricultural by-products; Support and guide Specialized Farmers Cooperatives actively take part in trainings, open and give contribution to agricultural product fairs to achieve the tight junction among the producing, supplying and marketing. In another word, it is for dredge and expand the sales channel of agricultural products; encourage Specialized Farmers Cooperatives get involve with deep processing work of agricultural products to improve their added value and promote the development of agricultural industrialization; support advanced Specialized Farmers Cooperatives transfer their business from product, laboring and inside capital cooperation to do business with foreign capital industry step by step; Specialized Farmers Cooperative also can become the stockholder of Co, Ltd., limited partner of a partnership enterprise as a promoter.

IX.               Support the Specialized Farmers Cooperatives to set up in other administrative regions. Farmers who are engaging with the similar industries or the same target of service can set up the Specialized Farmers Cooperative in different administrative regions of Shaan Xi province. The registration department of industrial and commercial can accept the registration application where Specialized Farmers Cooperative’s domicile is.

X.                 Assist the Specialized Farmers Cooperatives to improve its contract administration system. For increase the rate of agreement and the rate of fulfilling, relative departments should organize the training of contract laws or regulations and offer free inquiry or consulting advice to the members of cooperative regarding to signing, fulfilling and mediation of dispute of agricultural contract. For promote the ability of natural risk management and market risk management, departments can guide the Specialized Farmers Cooperatives to build stable purchasing channel of agricultural material and the sales channel of agricultural product by using the contracts. 

XI.               Implement the help and support strategy of Specialized Farmers Cooperatives’ brand. Actively promote the model of “enterprise + brand + peasant household” to further develop the “one station, one brand” agricultural enrich movement; actively guide and support the Specialized Farmers Cooperatives to do registration of trade mark and correctly use it for strength brand’s competitive power of superiority products. Support and encourage the Specialized Farmers Cooperatives who have high fame of the trademark, high technology of the products and high coverage of the market to strive for famous or well-known brand. Actively guide the cooperatives use different kinds of media to do advertisement publication; guide and help the cooperatives to do image building, increase the popularity of the products or services and the market share of them, coordinate, supervise and urge the publication organization and media group to supply high quality service for Specialized Farmers Cooperatives. 

4.       Improve the operation system and continuously improve the service level to Specialized Farmers Cooperative.

XII.            Make great effort to create a considerable environment for producing and operation of Specialized Farmers Cooperatives. Actively develop the “Red shield guards agriculture” action to be strict on qualification permit system of agricultural material operator, strengthen the monitor and control power to rural capital market, maintain a peaceful order of rural capital market; further develop the calling of 12315 appealing report network in villages, markets and enterprises; raise cooperative’s law-abiding and legal right safeguarding awareness and ability; warmly accept the complaint of safeguard legal rights and develop the operation system of rural customer’s legal rights safeguard.

XIII.          Practically maintain the legal rights of Specialized Farmers Cooperative. Seriously implement that it is no charge for registration and no annual test with cooperative. Except for the great serious mistake that violates the relative registration of industrial and commercial and withdraw cooperative’s business license, normally there does not adopt the penalty but education and regulation. It is strictly prohibited to give arbitrary charges, fund-raising quotas, swiped charges, covert charges and fines to Specialized Farmers Cooperatives maintaining the autonomy operation right and ownership right of their property. 

XIV.          Passively do joint work with local government to develop the Specialized Farmers Cooperatives. Actively report to local Party committee and government about the relative contribution of industrial and commercial department referring to the promotion of Specialized Farmers Cooperative. To give ideas or plans for supporting the cooperatives and cultivate a suitable atmosphere of development. Doing a good job with registration and supervision can be a breakthrough point to take powerful measures and workably bring out local government’s work plan with Specialized Farmers Cooperative and act in connect with local government to finish relative service. Try the best to achieve the approval of government, satisfaction of farmers and reputation of society.  

XV.             Take further step on publication of Specialized Farmers Cooperatives. Make most of the advantage of the plentiful service points and advanced network of industrial and commercial departments adopting effective method. Get into the villages and towns to publicize the advantage of Specialized Farmers Cooperatives in increasing farmers’ incomes and agricultural development, the relative laws, regulations and policy measures, the request and procedure of industrial and commercial registration of Specialized Farmers Cooperative; strengthen civilian’s understanding toward the quality of Specialized Farmers Cooperative, establishment inquiry and membership right. Actively guide and support the launch of Specialized Farmers Cooperatives.

Every subordination industrial and commercial administrative bureau should work out the detail operation measures according to the realistic local condition by this suggestion and make sure this suggestion implement into practice. 

January 4th, 2009