公益释疑 HELP CENTRE

Public Welfare Donation Law of the People's Republic of China

(Adopted at the 10th Meeting of the Standing Committee of the Ninth National People's Congress on June 28, 1999, promulgated by Order No. 19 of the President of the People's Republic of China on June 28, 1999 and effective as of September 1,1999) Chapter I General Provisions Article 1 This Law is formulated for the purpose of encouraging donations, regulating the acts of donation and receiving donations, protecting the legitimate rights and interests of donors, recipients and beneficiaries, and promoting the development of public welfare undertakings. Article 2 This Law applies to natural persons, legal persons or other organizations that voluntarily donate property free of charge to lawfully established public welfare social organizations and non-profit public welfare institutions for use in public welfare undertakings. Article 3 Public welfare undertakings as mentioned in this Law refer to the following non-profit undertakings: (1) Activities of social groups and individuals in difficulties such as disaster relief, poverty relief and assistance to the disabled; (2) undertakings in education, science, culture, public health and physical culture; (3) Construction of environmental protection and social public facilities; (4) other social public and welfare undertakings that promote social development and progress. Article 4 Donations shall be voluntary and free, compulsory apportionment or disguised apportionment shall be prohibited, and no one may engage in profit-making activities in the name of donation. Article 5 The use of donated property shall respect the will of the donor and conform to the purpose of public welfare. The donated property shall not be misused for other purposes. Article 6 Donations shall be made in compliance with laws and regulations, and shall not violate social morality or harm the public interests or the lawful rights and interests of other citizens.

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Law of the People's Republic of China on Red Cross Societies

Chapter I General Provisions Article 1 This Law is enacted with a view to protecting human life and health, safeguarding human dignity, developing the humanitarian spirit, promoting the cause of peace and progress, and ensuring and standardizing the performance of its functions and duties by the Red Cross Society according to law. Article 2 The Red Cross Society of China is a unified Red Cross organization of the People's Republic of China and a social relief organization engaged in humanitarian work. Article 3 Citizens of the People's Republic of China who recognize the Constitution of the Red Cross Society of China and pay membership dues, regardless of nationality, race, sex, occupation, religious belief or level of education, may join the Red Cross Society of China on a voluntary basis. Enterprises, public institutions and relevant organizations may become group members of the Red Cross Society through application. The state encourages natural persons, legal persons and other organizations to participate in voluntary services of the Red Cross. The State supports Red Cross youth work in schools. Article 4 The Red Cross Society of China shall abide by the Constitution and laws, observe the basic principles established by the International Red Cross and Red Crescent Movement, and carry out its work independently in accordance with the Geneva Conventions and their additional protocols ratified or acceded to by China and the Articles of Association of the Red Cross Society of China. The National congress of the Members of the Red Cross Society of China shall, in accordance with law, formulate or amend the articles of association of the Red Cross Society of China, which shall not contravene the Constitution or other laws. Article 5 The people's governments at various levels shall provide support and financial aid to the Red Cross Society, ensure that it performs its functions and duties according to law and supervise its activities.

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Regulations on the Registration and Administration of social Org

Chapter I General Provisions Article 1 These Regulations are formulated for the purpose of safeguarding citizens' freedom of association, safeguarding the lawful rights and interests of public organizations, strengthening the registration and administration of public organizations, and promoting the construction of socialist material and spiritual civilization. Article 2 The term "social organization" as mentioned in these Regulations refers to a non-profit social organization that is voluntarily formed by Chinese citizens and carries out activities in accordance with its articles of association in order to realize the common wishes of its members. Organizations other than state organs may join social organizations as members of units. Article 3 The establishment of a social organization shall be subject to the examination and approval of the competent unit and shall be registered in accordance with the provisions of these Regulations. A social organization shall meet the requirements of a legal person. (1) People's organizations participating in the Chinese People's Political Consultative Conference; (2) organizations approved by the administrative department for the establishment of public institutions under The State Council and exempted from registration with the approval of The State Council; (3) Organizations established with the approval of their organs, organizations, enterprises and institutions and operating within their organs. Article 4 Public organizations must abide by the Constitution, laws, regulations and state policies, may not oppose the basic principles defined in the Constitution, may not endanger the unity of the state, security and ethnic solidarity, may not harm the interests of the state, the social public interest or the legitimate rights and interests of other organizations and citizens, and may not violate social morals and customs. Social organizations may not engage in profit-making business activities.

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Regulations on the administration of foundations

Chapter I General Rules Article 1 These Regulations are formulated for the purpose of regulating the organization and activities of funds, safeguarding the legitimate rights and interests of funds, donors and beneficiaries, and promoting the participation of social forces in public welfare and charitable undertakings. Article 2 The term "foundation" as mentioned in these Regulations refers to a non-profit legal person established in accordance with the provisions of these Regulations for the purpose of carrying out public welfare and charitable activities by utilizing the assets donated by natural persons, legal persons or other organizations. Article 3 Funds must abide by the Constitution, laws, regulations, rules and state policies, shall not endanger the security, unity and national unity of the state, shall not harm the interests of the state, the social public interests and the legitimate rights and interests of others, and shall not violate social morality. Article 4 Funds shall, in light of actual conditions, establish organizations of the Communist Party of China and carry out Party activities. Funds shall provide necessary conditions for the activities of Party organizations. Article 5 Funds shall, in carrying out public welfare charitable activities in accordance with the articles of association, follow the principles of legality, voluntanism, good faith, openness and transparency. Article 6 The civil affairs department under The State Council and the civil affairs department of the local people's governments at or above the county level shall be the fund registration and administration authorities within their respective administrative areas (hereinafter referred to as the registration and administration authorities).

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Measures for the administration of donations for disaster relief

Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Law of the People's Republic of China on Public Welfare Donations and the National Emergency Plan for Natural Disaster Relief for the purpose of standardizing donation activities for disaster relief, strengthening the management of donations for disaster relief and protecting the legitimate rights and interests of donors, recipients of donations for disaster relief and beneficiaries in disaster areas. Article 2 In the event of natural disasters, these Measures shall apply when the subject of fundraising for disaster relief carries out fundraising activities, and when natural persons, legal persons or other organizations donate property to the recipients of donations for disaster relief for the purpose of supporting the disaster areas and assisting the victims. The subject of disaster relief collection as mentioned in these Measures refers to the public funds with the purpose of disaster relief registered with the civil affairs department of the people's government at or above the county level. Article 3 Recipients of disaster relief donations mentioned in these Measures include: (1) The civil affairs department of the people's government at or above the county level and the institutions entrusted by them to receive social donations; (2) public welfare non-governmental organizations designated by the civil affairs department of the people's government at or above the county level for the purpose of disaster relief; (3) other organizations as provided for by laws and administrative regulations. Article 4 Donations for disaster relief shall be voluntary and free. Compulsory apportionment or disguised apportionment shall be prohibited, and no one may engage in profit-making activities in the name of donation.

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Charity Law of the People's Republic of China

      The Charity Law of the People's Republic of China is a law enacted in order to develop charities, carry forward the culture of charity, regulate charity activities, protect the legitimate rights and interests of charity organizations, donors, volunteers, beneficiaries and other participants in charity activities, promote social progress and share the fruits of development. The Charity Law of the People's Republic of China was adopted by the Fourth Session of the 12th National People's Congress of the People's Republic of China on March 16, 2016, and will come into force on September 1, 2016.

2022-12-31 916 1859

Attach importance to volunteer team building

      Improve the service capacity of social organizations. We will improve the corporate governance structure of social organizations, and improve the mechanisms for democratic election, decision-making, management, and oversight. Guide social organizations to establish and improve internal management systems for finance, personnel, assets, activities, branches, etc., improve their awareness and ability to carry out activities in accordance with the Articles of Association, and make social organizations become legal entities that independently assume legal responsibilities, have clear rights and responsibilities, operate in a coordinated manner, and have effective checks and balances. We will expand the coverage of support policies and encourage regions where conditions permit to build incubation bases for social organizations. We will increase support for the cultivation of community social organizations, mobilize and guide social organizations to participate in social governance and environmental governance in an orderly manner, actively provide public services, and assume social responsibilities. In accordance with national regulations, promote the inclusion of social organizations in the scope of commendation and reward of relevant departments.

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