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Administrative Measures For Disaster Relief Donation

Original Language Title: 救灾捐赠管理办法

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(April 28, 2008 the Ministry of Civil Affairs announced come into force on the date of promulgation, 35th) Chapter I General provisions article I purpose of regulating disaster relief donation activities, strengthen the management of disaster relief donations to protect donors, disaster relief donations by the interests of the recipient and the disaster area, according to the People's Republic of China public welfare donations law and of the national emergency response plan for natural disasters, these measures are formulated.
    Article in time of natural disaster, disaster relief donations to carry out fund-raising activities, as well as natural persons, legal persons or other organizations to the relief donation recipients of donated property, used to support the disaster areas, help the victims, these measures shall apply.
    Disaster relief donations in these measures refers to the people's Governments above the county-level civil affairs departments registered with public funds for the purpose of disaster relief.
    Article disaster relief donation recipients in these measures include: (a) the departments of Civil Affairs and the people's Governments above the county level shall delegate agencies of social contributions received, (ii) identified by the civil affairs departments above the county level people's Governments with disaster relief purposes public interest civil society organizations and (iii) other organizations stipulated by laws and administrative regulations.
    Article fourth relief donations should be voluntary and unpaid, and prohibition of arbitrary assessment or assessed in a disguised form shall not be donated to engage in profit-making activities.
    Fifth article relief donation paragraph real of using range: (a) solution victims clothing, and food, and live, and medical, life difficult; (ii) emergency rescue, and transfer and placed victims; (three) victims collapsed housing of recovery reconstruction; (four) donation people specified of and relief directly related of uses; (five) by sibling Government approved of other directly for relief aspects of necessary expenditure.
    Sixth civil affairs departments of the State Council is responsible for managing the national disaster relief donations.
    Local people's Governments at or above the county level the Home Department is responsible for disaster relief donation work within their respective administrative areas. Article seventh in relief donations have made outstanding contributions to the natural person, legal person or other organization, civil affairs departments can pay tribute to the people's Governments above the county level.
    Public recognition for the donor, it shall first seek the views of the donor.
    Chapter II organizational donations and fundraising article eighth Civil Affairs Department under the State Council disaster organizations across the province (autonomous regions and municipalities) or national disaster relief donations, local civil affairs departments in accordance with deployment to implement the people's Government at or above the county level.
    Approved by the people's Governments at the same level, local people's Governments at or above the county level departments of civil affairs within the administrative areas of the Organization's disaster relief donations, but not across the region.
    Local people's Governments at or above the county level in disaster relief donation activities in the departments of Civil Affairs, the people's Governments at the same level within the geographical area of the system, the departments and units in the system, the departments or units within the organization. Nineth charity performance, tied, charity and other large disaster relief donations and fund-raising activities, organized unit shall, after completion of the activity in the 30th, civil affairs departments reported to the local people's Government for the record.
    Record includes: Organizer, time, location, contents, methods and uses, and so on.
    Article tenth with public funds for the purpose of disaster relief, according to law to carry out disaster relief fund-raising activities, but when natural disasters occur in the raised funds shall not be used to increase the original Fund.
    11th chapter donated civil affairs departments above the county level people's Government accepted relief donations, can be specified according to work needs public donations received bodies, with disaster relief purposes public interest civil society organization. The township (town) people's Governments and urban neighborhood offices by counties (county-level cities or municipal districts) people's Government delegate, can organize the collection within the administrative area of the villagers, residents and disaster relief donations, based in units.
    Collecting donations shall be promptly referred to the disaster relief donation recipient.
    12th disaster relief donation recipients should publicize its name, address, contact person, contact telephone number, bank account number, etc.
    13th natural persons, legal persons or other organizations can be donated to disaster relief donation recipients of their right to dispose of property.
    Legal persons or other organizations donated their homegrown or purchased goods, needed to enjoy preferential tax policies, should provide the appropriate invoices and proof of the quality of information. Article 14th disaster relief donation recipients while receiving disaster relief donations, should confirm that the bank notes, counting cash in person, acceptance of goods.
    Donor contributions are not cashed, disaster relief donation recipients should sign containing the donations with the donor species, quality, quantity and time of the donation agreement.
    Donor donated food, medicines, biochemical products should conform to the State food and drug supervision and administration and health administration and other relevant government departments of the relevant provisions.
    15th disaster relief donation recipients after receiving disaster relief donations, donor should be in conformity with the State financial and tax regulations to receive donated vouchers.
    16th disaster relief donation to comply with tax laws and regulations, and donors with donation vouchers to enjoy tax preferential policies, in accordance with the relevant provisions of the State.
    Fourth chapter disaster relief donations outside 17th foreign communications of the Civil Affairs Department under the State Council are responsible for the disaster, that acceptance of foreign disaster relief donation, determines the recipient area.
    18th civil affairs departments of the State Council is responsible for accepting overseas disaster relief donation to the Central Government.
    Local people's Governments at or above the county level departments of civil affairs is responsible for accepting foreign relief donations to local governments.
    With disaster relief purposes public interest civil society organizations overseas disaster relief donations received, shall be submitted to the Home Department.
    Except as otherwise provided in laws and administrative regulations.
    Article 19th disaster relief donation recipient accepted relief donations according to the State administration of foreign exchange of foreign exchange regulations.
    20th overseas disaster relief donations of inspection and quarantine, tax and immigration, in accordance with relevant State regulations.
    Article 21st disaster relief donations free of duty shall not be in any way transferred, sold, rented or used for other purposes.
    The fifth chapter of disaster relief donations management and use the 22nd disaster relief donation recipients of disaster relief donations account should be, special management; for disaster relief donations to establish classification form.
    Article 23rd with disaster relief purposes public interest civil society organizations shall, in accordance with the local Government to provide disaster needs, proposed allocation, disaster relief donations programme and reported to the people's Government at the civil affairs departments, and accept their supervision.
    Article 24th of the Civil Affairs Department under the State Council organization TRANS-provincial (autonomous regions and municipalities) or national disaster relief donation, allocation, the allocation of the home under the national disaster relief donations.
    25th civil affairs departments of the State Council is responsible for the allocation of disaster relief donations, is outside, which arrived in the port of the transport expenses borne by the recipient area; a donation within, borne by the donor.
    Local people's Governments at or above the county level the Home Department is responsible for the allocation of disaster relief donations, cost of transport, temporary warehousing, by the local financial burden.
    26th civil affairs departments above the county level people's Government according to the actual needs of disaster and disaster areas, can be assigned overall balance and unity to allocate disaster relief donations, and higher level people's Government statistics from civil affairs departments. Purposes specified relief donations the donor or recipient region shall, in accordance with donor wishes to use.
    In the case of donations, which centers on the same place, by the written consent of the donor, people's Governments above provincial civil affairs departments can adjust allocations.
    When releasing the disaster relief donations, should adhere to the democratic evaluation, documentation, posted, publicly issuing procedures, sound system and the accounts clearly, formalities, and to the public.
    Civil affairs departments above the county level people's Governments shall, in conjunction with supervision and auditing departments to supervise the distribution of relief donations to check. Donors have the right to the relief disaster relief donations donation recipient queries use, management, and make suggestions and recommendations.
    Queries for donors, disaster relief donation recipient should respond truthfully.
    27th domestic disaster relief donations to disaster areas do not apply, by the written consent of the donor, local people's Governments at or above the county level after the approval of the home can be sold.
    Overseas disaster relief donations does not apply to affected areas, shall be submitted to the provincial Civil Affairs Department for approval before they can sell.
    Sell disaster relief donations should be implemented by the local Civil Affairs Department organized the people's Government at or above the county level shall, in General, public auction.
    Sale of disaster relief donations received must be used as disaster relief donation management, and shall not be appropriated for other purposes.
    28th reusable disaster relief donations, local civil affairs departments should timely recovery, the people's Government at or above the county level shall keep as part of disaster relief material reserves. Article 29th accepted relief donations, the recipient should be used strictly in accordance with the scope, allocated in the current year, shall not be detained.
    If it proves necessary span more than used, it should be submitted to the next higher people's Government Civil Affairs Department for approval.
    Article 30th disaster relief donations received and assigned, use shall be in accordance with the statistical standards of the Civil Affairs Department under the State Council for statistics, and accept the supervision of auditing and supervision departments and society. 31st civil affairs departments at all levels in the Organization in the work of disaster relief donations and costs may not be paid from donations. Public donations received by the Civil Affairs Department authorized institutions, with disaster relief purposes public interest civil society organizations, in accordance with the relevant provisions of the State and its regulations, donations would be covered by the necessary funds.
    Donor and disaster relief donation recipient except as otherwise agreed. Article 32nd disaster relief donations, fund-raising activities and distribution, use by the people's Governments above the county level of the Home Department to the public, generally not less than twice a year.
    Focus on donations and fund-raising activities should generally be released to the public within one month of completion of the activity information. Sixth chapter legal liability article 33rd donors shall fulfill the donation agreement, agreed upon in the contribution agreement terms and ways to transfer donations to disaster relief donation recipient. On time performance, disaster relief donation recipient to explain the situation in a timely manner, and concluded the performance agreement. Disaster relief donation recipient to the agreement the donor shall have the right to catch up with donations, and notice to the public in an appropriate manner.

    34th misappropriation, embezzlement or corruption of disaster relief donations, the people's Governments above the county level, income funds and goods used by the departments of civil affairs ordered to return; the person directly responsible, be dealt with by the unit, in accordance with the relevant provisions constitutes a crime, criminal responsibility shall be investigated according to law.
    Recovery and the recovery of money and property in accordance with the preceding paragraph, shall be used for disaster relief purposes and uses.
    35th disaster relief donation recipient staff, abuse of power, dereliction of duty, favoritism and donated substantial property losses, be dealt with by the unit, in accordance with the relevant provisions constitutes a crime, criminal responsibility shall be investigated according to law.
    The seventh chapter by-laws article 36th when the massive natural disasters overseas, need external assistance, organized by the civil affairs departments of the State Council in accordance with the measures implemented social donation to coordinate civil international assistance activities.
    37th suddenly-occurred public events other than natural disasters, need to organize donation, in accordance with the measures implemented. 38th article of the rules as of the date of promulgation.
                                  May 12, 2000 Ministry of the interim measures for the management of disaster relief donation repealed simultaneously.