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Beijing Several Provisions Promote Charitable Causes

Original Language Title: 北京市促进慈善事业若干规定

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Several provisions for the promotion of philanthropy in Beijing City

(The 19th ordinary meeting of the Government of the city of 24 September 2013 considered the adoption of Decree No. 250 of 4 November 2013, No. 250 of the Order of the People's Government of Beijing, 1 January 2014)

Article 1 regulates philanthropic activities in order to promote philanthropic development and, in accordance with the relevant laws, regulations, develops this provision in conjunction with the present city.

Article 2 philanthropic organizations accept natural persons, legal persons, other organizations donation property or provide services, which shall apply to the following charities within the city's administrative area:

(i) Social groups and individuals who contribute to disasters, poverty relief and hardship;

(ii) Support for education, science, culture, health and sports;

(iii) Support for environmental protection and public infrastructure development;

(iv) Support other social public and welfare causes for social development and progress.

Individuals, legal persons or other organizations directly carry out philanthropic activities and apply other relevant laws, regulations and regulations.

The philanthropic organization referred to in this provision refers to non-profit organizations, such as philanthropic organizations, established by law, with the purpose of conducting charitable activities.

Article 3. The development of the philanthropic philanthropy is consistent with the Government's orientation, social participation, civil functioning and multi-stakeholder approach, which enhances organizationalization and professionalization.

philanthropic donations should uphold the principle of voluntaryity, and philanthropic activities should uphold the principle of openness and non-profitism, without prejudice to the public interest and the legitimate rights of others.

Article IV shall support and promote the development of philanthropic philanthropies within the present administration, including philanthropy in national economic and social development planning and organizational implementation.

Article 5 governs the supervision of charitable activities within the city's administration. Regional, district and territorial administrations are responsible for the supervision of charitable activities in this administrative area.

The administrations such as finance, tax, public safety, audit, education, culture, health and sports are responsible for the management of charitable activities within their respective responsibilities.

Article 6.

Article 7 provides incentives to natural persons, legal persons or other organizations that have contributed to the development of philanthropy in the city.

Article 8. Natural persons, legal persons or other organizations are directed to the social public to carry out business activities such as exhibitions, competitions, sales, auctions, etc., and undertake to make the proceeds of property or all donations for charitable activities, and shall enter into donor agreements with philanthropic organizations or other grantees prior to the event, which shall be donated after the end of the event and be made public in society.

Those natural persons, legal persons or other organizations that have not fulfilled their commitments to do so should bear the corresponding legal responsibility.

Article 9. The Foundation should actively play a central role in the functioning system of charitable organizations, making full use of fund-raising and professional operational advantages and supporting charitable activities by charitable organizations other than foundations.

Article 10 Other philanthropic organizations other than the Public Fund established by law are required to make public access to property for non-specified social public, and should undertake joint fund-raising activities with the Foundation.

Joint fundraising activities should be carried out in the name of the Fund and signed by the Public Fund and other charitable organizations to enter into joint fund-raising cooperation agreements, agreeing on contributions programmes, fund-raising schemes, fund-raising projects, and fund-raising costs sharing.

The philanthropic organization's fund-raising activities should provide a legitimate incentive to the recipients.

Article 11. The Foundation shall use the acquisition of property to support charitable activities by other philanthropic organizations and shall monitor the use of philanthropic organizations to collect property. The Foundation implements oversight management and can take the following ways:

(i) To monitor the strict implementation by charitable organizations of the financial accounting system of non-profit organizations and to improve accounting for projects such as income, costs, assets, liabilities;

(ii) Agreements with philanthropic organizations that explicitly raise the use and use of property, work standards, effectiveness, default responsibilities, and monitor implementation;

(iii) Authorize specialized agencies with qualifications to assess and assess matters related to charitable activities undertaken by charitable organizations;

(iv) To request philanthropic organizations to make public information about charitable activities to society, in accordance with the relevant provisions of the public information;

(v) Legal, regulatory, regulatory provisions and other regulatory approaches agreed by the parties.

Article 12 philanthropic activities by charitable organizations shall be subject to the following provisions:

(i) Compliance with the provisions of laws, regulations, regulations and statutes;

(ii) The use of the donation property in accordance with the will of the donor and the signing of the donation agreement shall not be used for the purpose of the agreement, nor shall it change the use of the donation property;

(iii) Enhance monitoring of property use and guarantee the legitimate and effective use of property;

(iv) The proportion of mandatory public good payments consistent with the provisions of the law, regulations and regulations, and staff salary benefits and administrative office expenditures shall not exceed the proportion of legal, legislative and regulatory provisions;

(v) Provide the necessary safety, sanitation and other guarantees for the organization's work philanthropy.

Article 13 philanthropic organizations should request public information and receive social oversight.

philanthropic information should be publicly guided by the principles of trueness, accuracy, integrity and timeliness.

Article 14. The administration of civil affairs should establish public norms for philanthropic information, clear standards, matters, procedures, etc., and monitor philanthropic information in accordance with the law.

Article 15 philanthropic organizations should make the following information available to society and receive social oversight:

(i) The organization of basic information, such as the name of the organization, the purpose of the activity;

(ii) The source, type and value of the donation of property;

(iii) Raise information on donor activities, such as donor programmes, joint donor agreements;

(iv) Information on the use of donated property, such as the use of property, and the use of effect;

(v) Annual report on the work of the Board, such as audit reports;

(vi) Laws, regulations and regulations require other public information.

The philanthropic information provided in the previous paragraph shall be made public within 20 working days of the date of the communication or change.

philanthropic organizations can establish a unified philanthropic information platform that provides services for philanthropic information and facilitate free access by the public.

Article 16 donans can apply to charitable organizations that accept their donation to obtain other philanthropic information other than that provided for in article 15, paragraph 1. The philanthropic organizations that receive donations should provide information within 15 working days of the date of receipt of the application.

Article 17 In the event of natural disasters, the municipalities and territories, the people of the counties and their civil administrations should organize, coordinate charitable disaster response activities by natural persons, legal persons, other organizations, maintain the disaster response order and provide the following services for charitable disaster relief activities in society:

(i) Timely release of information on disaster response needs in accordance with disaster situations;

(ii) The publication of the directory of charitable organizations with the purpose of disaster relief;

(iii) Harmonization of philanthropic projects by charitable organizations;

(iv) Other measures conducive to the conduct of charitable relief activities.

The administration of civil affairs should be able to make statistical work on the philanthropic industry in this city, to make philanthropic information available to society in a timely manner and to use philanthropic information as an important basis for planning and promoting the development of the philanthropy in the city.

Article 19 (1) establishes the philanthropic organization's credit information management system. The management of philanthropic organizations is governed by law by the executive branch and the management information should be communicated to the municipal administration. The administration of the municipal administration should classify and classify information on the management of charitable organizations and incorporate into the philanthropic organization's credit information management system and facilitate public access.

Specific approaches to the management of philanthropic credit information are developed by the Municipal Civil Administration with the relevant administrations.

Article 20 provides for the granting of philanthropic donations by natural persons, legal persons or other organizations, as well as philanthropic activities under the law, in accordance with the relevant provisions. The tax administration should be open and processed in a timely manner.

Article 21 provides social services to philanthropic organizations, including through government procurement services.

Government buying services should give priority to good philanthropic organizations and publicize information such as the catalogue of projects, service standards, financial budgets, etc., which purchase services.

The philanthropic organizations provide social services, and the municipalities and districts, the people's governments and their counterparts should strengthen guidance, supervision and conduct their assessment.

Article 2

Media such as newspapers, radio, television and the Internet should be active in philanthropic propaganda and the dissemination of philanthropic culture.

Schools should develop philanthropic ideas through multiple forms of philanthropic knowledge for students.

Article 23 philanthropic organizations should accept guidance, supervision, management and audit supervision by the relevant administrations, such as the Civil Administration.

In the case of offences committed by charitable organizations, any unit and individual have the right to report to the relevant executive branch, such as the Civil Administration; the executive branch receiving reports should be promptly investigated, processed and informed of the results.

The executive branch shall protect the legitimate rights and interests of the reporting person and shall not disclose the information of the author.

In accordance with article X of the present article, philanthropic organizations other than the Public Fund have not been able to obtain publicly owned property for the non-specified social public, which is converted by an administrative order of the civil administration to a fine of up to 5,000 dollars for the principal and other competent personnel and to return the time limit of illegal acquisition of property to do so; it is not possible to return, and the administration of the civil administration oversees the use of property for the same charitable activities as the donation.

Article 25 philanthropic organizations, in violation of article 12, paragraph (ii), do not obtain the permission of the donor to change the nature and purpose of the donation property, and are being redirected by the civil administration to warn. No change was made, and with the advice of the donation, the Civil Administration decided to transmit the donation property to the same or similar other charitable organizations. philanthropic organizations have refused to transmit, and the decision-making civil administration has sought enforcement by the People's Court.

Article 26 philanthropic organizations have failed to make public philanthropic information in accordance with this provision, which is being reformulated by the Civil Administration, rejects the correctness and imposes a fine of up to 5,000 dollars for the principal and other supervisors.

Article 27 deals with violations of this provision, and other laws, regulations, regulations and regulations already provide for legal responsibility, in accordance with the relevant laws, regulations and regulations.

Article 28 provides for the operation effective 1 January 2014.