Beijing Several Provisions Promote Charitable Causes

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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399618.shtml

Beijing several provisions promote charitable causes

    (19th of September 24, 2013 municipal executive meeting November 4, 2013, the Beijing Municipal People's Government announced order No. 250, come into force on January 1, 2014) first in order to promote the development of charity, regulate charitable activity, in accordance with the relevant laws and regulations, combined with the city's actual, these provisions are formulated.

Second charity to accept natural persons, legal persons, other organizations donate property or to provide services or any other means, the following charitable activities within the administrative area of the city the present provisions shall apply:

(A) difficulties of disaster relief, poverty relief, and support community groups and individuals;

(B) supporting education, science, culture, health and sports;

(C) supports the environmental, social and public facilities construction;

(D) support for the promotion of social development and progress of other public and social services.

Natural persons, legal persons or other organizations directly carry out charitable activities, apply the provisions of other relevant laws, regulations and rules.

    Charities in these rules refers to the charitable activities carried out for the purpose of legally established social bodies, private non-enterprise units, foundations and other non-profit organizations.

Article development charity Government guidance, social participation, civil work, collaborative approach, organizational, and professional levels.

    Charitable giving should adhere to the principle of voluntary, charitable organizations to carry out charitable activities should adhere to the principle of public, non-profit, must not violate the social morality and must not harm the social and public interests and the legitimate rights and interests of others.

    Fourth municipal, district and county people's Governments shall support and promote the development of philanthropy within their respective administrative areas, integrating philanthropy into national economic and social development planning and implementation. Fifth public administration Department is responsible for the supervision and administration of charitable activities in the administrative area of the city.

District, County and district administrations are responsible for the supervision and administration of charitable activities in the administrative area.

    Finance, taxation, public security, auditing, education, culture, health, sports and other administrative departments in the administration of charitable activities within their respective mandates.

    Sixth charity industry self-regulatory organizations should improve self-discipline guidelines regulating sector order, defend their rights and interests, to promote development of the industry.

    Article seventh on philanthropy in the city have made outstanding contributions to the development of natural persons, legal persons or other organizations, should be given recognition awards.

Eighth natural persons, legal persons or other organizations public performances, competitions, sales, auctions and other business activities, promised property of part or all of the donation for charitable activities, should be held before the event and charity organizations or other recipient signed the donation agreement concluded, shall, in accordance with donor agreements have been implemented after the donation, and the results will be donated to the public.

    The preceding paragraph provided for natural persons, legal persons or other organizations have not met their pledge, shall bear the corresponding legal responsibility.

    Nineth foundations should actively play the pivotal role in charitable organizations operating system, making full use of fundraising professional operation and advantages, support foundations other charitable organizations to carry out charitable activities.

Tenth legally established public foundations charitable organizations other than charitable activities in accordance with regulations required specific public-oriented public property, and fund-raising activities should be carried out jointly with public funds.

Joint fund-raising activities should be carried out in the name of public funds and public foundations and other charitable organizations in the joint fundraising agreement, contract plan, fundraising donations, fundraising property used cost-sharing, and so on.

    Charity fund-raising activities should be carried out legitimate fund-raising certificate is to a collection object. 11th raised property Foundation used to support other charitable organizations to carry out charitable activities, should be collected for charitable organizations use property supervision and management.

Supervision and management of the Foundation, can take the following approach:

(A) monitoring charitable organizations strictly nonprofit financial and accounting system, improve the income, expenses, assets, liabilities, and other items of accounting;

(B) signed an agreement with charities, raising property uses and usage scenarios, clearly working standards, effects, breach of contract, such as content, and supervise their implementation;

(C) qualified professional institution commissioned to evaluate charitable organizations to carry out charitable activities in matters related to assessments and issue;

(D) require charitable organizations in accordance with the relevant provisions of the information disclosure to the public information about the charity activities carried out;

    (E) the laws, rules and regulations and other regulation agreed.

12th charitable organization carrying out its charitable activities should comply with the following provisions:

(A) to comply with laws, rules, regulations and the articles of Association;

(B) in accordance with the donor's wishes to use donated property, signed a donation agreement, shall, in accordance with the purpose of the agreement to use donated property, without altering the use of donated property;

(C) to strengthen the supervision and management on property usage, ensure the legitimate and effective use of property;

(D) comply with the laws and regulations of the mandatory public expenditure ratio, staff wages and benefits and administrative expenditures should not exceed the laws and regulations;

    (E) for Xun charitable activity of the work of the Organization to provide the necessary security, health and other conditions.

13th charitable organizations should be open to the public of the provisions require the disclosure of the relevant information, subject to public supervision.

    Charity information publicity should follow the principles of truthful, accurate, complete and timely.

    14th district administration charity information disclosure norm should be established, clear disclosure standards, and procedures and monitor charitable organizations public information.

15th charity organizations should take the initiative to the public the following information, accept social supervision:

(A) the purpose of essential information, such as organization name, event;

(B) the source, type, and value of donated property and other donation information;

(C) Fund-raising programmes, fund-raising activities such as joint fundraising agreement information;

(D) donations donations using information such as purpose, effect;

(E) annual reports, audit reports and other special work reports;

(F) the laws, regulations and rules required to disclose other information.

Charity information prescribed in the preceding paragraph, shall the information form or within 20 working days from the date of the change be made public.

    Charitable industry self-regulatory organizations can establish a unified information platform, providing services for charitable organizations public information, facilitate public for free query. 16th the donor can accept donations of charitable organizations for access to this provision 15th article associated with other charity information.

    Donations of charitable organizations shall, within 15 working days from the date of acceptance of the application to provide relevant information.

17th in the event of natural disasters, municipal, district and county administrative departments of people's Governments and their home organizations, coordination of natural persons, legal persons or other organizations in order to carry out charitable relief work, maintaining the order of relief, and provide social charitable relief activities carried out with the following services:

(A) according to information to issue disaster relief needs;

(B) the published directory of charitable organizations with the relief purposes;

(C) the coordination of independent charity organization pledges the charity project;

    (D) other measures in favour of charitable relief activities.

    18th district administrative departments shall do the charity industry information and statistics, released to public charities information statistics in a timely manner, and the charitable sector statistics as a planning and an important basis for promoting the development of charity in the city. 19th article this city set up charity credit information management system. Relevant administrative departments according to law on supervision and administration of charitable organizations, supervision and management of communications should be the public administration sector.

Municipal civil affairs administration of charitable organizations collect and classify information, and into the charity credit information management system to facilitate public queries.

    Charity credit information management and the specific measures formulated by the municipal civil affairs administration in conjunction with the relevant administrative departments. 20th natural persons, legal persons or other organizations for charitable donations and charitable organizations to carry out charitable activities, in accordance with the relevant provisions of tax incentives.

    Tax administrations should be an open process, and handle in a timely manner.

21st municipal, district and county governments and related departments to support charitable organizations through the purchase of services, such as the provision of social services.

Purchase of services, priority should be given to charitable organizations with good credit records and purchase services directory, service standards, budget and other information to the public according to law.

    Charitable organizations to provide social services, municipal, district and county governments and related departments should strengthen guidance, supervision, and evaluation.

22nd article of the construction, strengthening a culture of charity and create a social environment conducive to development of philanthropy.

Newspapers, radio, television, the Internet and other media should actively carry out charitable campaign, spread philanthropic culture.

    Schools should adopt various forms to students knowledge of universal charity, culture philanthropy.

23rd charitable organization shall be subject to a civil administrative service and other relevant administrative departments of the direction, supervision, management, and shall be subject to audit.

Violations of charity, all units and individuals have the right to report to the civil administrative departments, and other relevant administrative departments received report that the Administration should investigate and handle in a timely manner, and inform the result of an informer.

    The relevant administrative departments should protect the legitimate rights and interests of the source shall not disclosure of informant information.

    24th article public raised Foundation yiwai of other charity organization not according to this provides tenth article provides, unauthorized oriented not specific of social public public raised property of, by home administrative sector ordered corrected, on main head and other competent personnel can at 5000 Yuan above 10,000 yuan following fine, and will illegal raised property deadline returned donation people; does cannot returned of, by home administrative sector supervision its will remaining raised property for and donation people wishes same of charity activities. 25th 12th charitable organization in violation of the provisions of the rules in (b) provides, without the donor's permission, altering the nature, use of donated property, by the District Administration ordered corrective action and given a warning. It refuses, after seeking the views of the donor, by District Administration decided to donated assets transferred its purposes identical with or similar to those of other charitable organizations use. Charity refuses to transmit, by the decision of district administrations apply to a people's Court for compulsory execution.
    Article 26th charitable organizations do not open in accordance with this information, the district administrative authority shall order rectification, it refuses, the main leaders or managers can be fined a maximum of 5000 Yuan and 10,000 yuan.

    27th article in violation of the provisions of the Act, provisions of other laws, rules and regulations have legal responsibilities, in accordance with the provisions of the relevant laws, rules and regulations. 28th article of the regulations come into force on January 1, 2014.