Guangzhou Overseas Chinese Compatriots Donations Received To Set Up Public Welfare Provisions

Original Language Title: 广州市接受华侨港澳同胞捐赠兴办公益事业规定

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Guangzhou overseas Chinese compatriots donations received to set up public welfare provisions (March 23, 2009 Guangzhou Government 13th session 74 times Executive Conference considered through April 29, 2009 Guangzhou Government makes 17th, announced since July 1, 2009 up purposes) first article for strengthening accept overseas compatriots from Hong Kong donation set up public career project of management, protection donation people of lawful rights and interests of, promote public career of development, according to People's Republic of China public career donation method and Guangdong Province overseas donation set up public career management Ordinance, combined this city actual,

    These provisions are formulated.

    Article within the administrative area of the city in social groups and nonprofit institutions accept overseas Chinese compatriots from Hong Kong donated to public welfare undertakings, these provisions shall apply.

    Within the administrative area of the city donated by citizens directly to the overseas Chinese compatriots from Hong Kong, these provisions do not apply.

    Article donations should follow the donation wishes of the people and in conformity with social purposes, the recipient unit without changing the use of donated money to set up public welfare.

    Fourth of municipal, district (county-level city) of overseas Chinese Affairs Administrative Department in accordance with the principle of territorial management, graded responsibility, responsible for the supervision of overseas Chinese compatriots donations received to set up public welfare undertakings.

    Civil Affairs, education, health, culture, science and technology, sports, transport, municipal services, and other administrative departments of public security, in accordance with their respective responsibilities, to coordinate the implementation of these provisions.

    Fifth recipient unit was the use, maintenance and management of overseas Chinese compatriots from Hong Kong donation item subject.

    Article based on the public interest of citizens, legal persons or other organizations, by the donor or recipient qualification unit entrusted to offer a donation of intermediary services.

    Recipient intermediary activities may not profit. Article seventh can be donated to the obligations set by the donors.

    Obligation set by the donors, recipient entity should be in accordance with the agreement to meet their obligations.

    Article eighth donor has the right to check or access to welfare activities in the recipient unit annual report, financial statements, related decision makers list of activities and purposes, articles and other information.

    Nineth donor has the right to determine the use of donations and has the right to render an opinion on the use of the donated items have the right to make inquiries and complaints. Article tenth donor has the right to apply to the recipient entity authorities to audit its financial donation project, or according to the donation agreement to hire credentialed social audit institution to audit its financial donation project, the recipient shall provide the relevant financial information.

    Auditing fees under the donation agreement; donation agreement there is no agreement or the agreement is not clear, audit costs borne by employing social auditing body. 11th the donor is entitled to in the form of anonymous donations.

    Donations ask to give privacy to the donation, related units and personnel should be confidential; requires public reporting and recognition requires a prior consent of the donor's consent.

    12th the donor named memorial donation to set up public welfare project.

    Single donation by the donors projects or major donor-funded projects, by the name of the proposed project by the donors, after consultation with the recipient entity in line with laws, regulations, administrative departments or the approval of the people's Governments above the county level.

    Projects funded by a number of donors and the relevant departments, major donors amount donated in total project investment 25% over other donors raised no objection, can consist of a main donor and recipient entity consensus after the name of the project, laws and regulations of the administrative organ or the people's Government above the county level.

    13th the donor pledged to set up public welfare undertakings, should fulfil commitments signed a donation agreement, shall be in accordance with the donor agreement.

    Donor's financial situation deteriorated significantly due to special circumstances, seriously affecting its production and operation, or family life, can no longer perform the donation obligation, and to modify or terminate the contribution agreement with the recipient unit.

    14th recipient units shall be accepted in accordance with the relevant provisions of financial supervision and management, audit and Inspection Department.

    Recipient entity should be issued to the donor on the acceptance of special receipts for donations or other lawful and valid receipt, register account, carry out special management; smaller donations, donors proposed do not require receipts, should register and accounted for.

    Recipient entity shall control the management costs, management costs the percentage donated items, ensure the rational use of funds.

    The recipient unit staff, as well as the recipient unit exhibition collection of works-related personnel shall accept to raise money and property value is calculated on the basis of remuneration and commissions.

    Donation project of using occurred dispute or has necessary sought donation people wishes Shi, if donation people has died or lost civil capacity, by gift units should contact its heir, and guardian or statutory agent; if cannot contact donation people of heir, and guardian or statutory agent, or related personnel views inconsistent Shi, by gift units should according to meet public purpose and donation people wishes of principles reasonable using donation project.

    15th donors delegate recipient broker to handle donations in writing, unless otherwise agreed, donated the broker shall receive donations within 90 days from the date of the transfer recipient qualification units and assign donated use of to the local district or county-level cities and overseas Chinese Affairs administrative departments.

    Does not implement a given unit, donated the broker shall not in itself, subsidiary or any other entity, personal account of a hosting or managed donations.

    16th donations to set up public welfare projects donated units should be written donation agreement with the donor, but donors did not agree to sign a donation agreement except in writing.

    Donation agreement stipulated by the parties, may include the following provisions:

    (A) name, domicile, contact information, bank account number, etc;

    (B) the donation amount, type, quantity and quality of the goods;

    (C) donated to project time limit, place and method of delivery of, investment in and use;

    (D) the specific name, range, contact information, bank account number of the beneficiary;

    (E) the donation method determines the project name;

    (F) the obligations attached to the donation;

    (VII) the use, maintenance and management of the donated items;

    (H) the donation public scope and manner of the use of the project;

    (I) the donation of property transfers, adjustment and change of use of restricted;

    (J) the donation project after changing the name, append and other solutions;

    (11) the donation after the name of the project to use solutions such as;

    (12) the donation of the scrapping of the project;

    (13) the recipient entity to inform the donor of the content, duration and frequency;

    (14) donation program adjustment and change of name change, transfer, use, demolition, increased expansion, scrap and other significant communications and time limits;

    (15) the donation project audits;

    (16) the donation project appraisal cost commitment;

    (17) the violation of donor accountability and dispute resolution method for breach of the agreement.

    Article 17th donated items at more than 100,000 yuan, after the recipient entity should receive donations of the donation program is located in the 30th district, county-level cities and overseas Chinese Affairs the authority to declare the record.

    18th recipient units to handle donated items for the record, shall submit the following information:

    (A) the recipient entity and the donor signed the donation agreement copies;

    (B) other materials associated with the donation.

    Broker to handle donated items donated for the record, shall submit the following information:

    (A) the donor's copy of power of Attorney;

    (B) the allocation of donated items used;

    (C) other information associated with the donation.

    19th overseas Chinese administrative authorities shall at the time of filing to the recipient units, filing receipt issued by the recipient the broker.

    Article 20th public welfare project, recipient entity shall, within 3 months from the date of acceptance of the project, the following information to the donation site, county-level cities approved by the competent administrative Department for donations of overseas Chinese Affairs projects, confirmed by the people's Government at the announced and issued the certificate:

    (A) donate copies of project management agreement;

    (B) the project completion report and the provisions of laws and administrative regulations by planning, fire, environmental protection and other approval documents issued by the competent administrative department, or permit the use of copies of documents;

    (C) other information in relation to the project. Article 20th recipient entity should be in favor of others will be donated to the allocation of items to use for publicity, publication and time frame should be agreed upon in the contribution agreement.

    Donation agreement there is no agreement or the agreement is not clear, recipient entity should be the unit's Web site Home of the prominent positions or the Office of a prominent position announcement, public notice time limit of not less than 30th. In favor of the recipient entity shall establish a donation project management system, implementing responsible, should be on an annual basis for checking the operation of the project and donated to the public.

    Public way and time frame should be agreed upon in the contribution agreement, contribution agreement no agreement or the agreement is not clear, recipient entity should be the unit's Web site Home of the prominent positions or prominently publicized in public places, public notice time limit of not less than 30th.

    22nd recipient entities shall before March 31 in each year, donated items to the previous year's income, expenditures, value added to the seat of the district and county-level cities and overseas Chinese Affairs written report on the Administrative Department. Article 23rd donated items are not free to transfer.

    Absolutely necessary to transfer, the original recipient entity should the consent of donors, the new recipient entity should carry out the obligations of the recipient entity.

    Article 24th donors projects for urban and rural construction of social public interests, such as changing the use of shall be pledged to donate the property under the premise of non-profit and public, by the recipient entity to deal with programme, and in consultation with the donor, after sent local district and county-level cities and overseas Chinese Affairs Administrative Department for review and approval as required.

    Donate project uses the applicant shall submit the following information:

    (A) the written report of the recipient entity;

    (B) the donor in writing;
(C) other relevant information.

    25th due to public interest in the demolition of society donation project, recipient entity should explain to the donor and to obtain any compensation payments in accordance with law for the original donation purposes. Donations to rebuild the project, the original project name or Memorial flag should be agreed upon in the contribution agreement, contribution agreement no agreement or the agreement is not clear, the original project name or commemorative flags should be retained.

    Cannot be preserved, should take prominent positions in the new project sign, record the historical evolution of the original project.

    26th has been destroyed or donated item service life has expired, recipient entity should be based on opinions issued by the relevant accreditation body and the competent departments, to the seat of the district and county-level cities and overseas Chinese Affairs Administrative Department for cancellation for the record.

    27th recipient units should strengthen the archives management of the donated items, to donate the project management form documentation in timely collection, filing, safekeeping, ensure the integrity and security of donor profile.

    Administrative departments shall to the donations of overseas Chinese Affairs project archives management to strengthen guidance and supervision.

    28th recipient in violation of this provision, any of the following acts, the Department of Overseas Affairs Administration ordered the recipient unit rectify; recipient entity refuses, overseas Chinese administrative departments shall provide the recipient unit authorities or the people's Government at the briefing by the recipient entity in charge of departments or obliges the recipient entity to correct within the people's Governments at the same level:

    (A) contravenes section 17th, failing to record the donation project of;

    (B) contravenes section 20th, not to handle the donation projects identified;

    (C) subject to rule 21st, use of donated items are not public;

    (D) contravenes section 22nd, donated items is not income, expense report, value added and so on.

    29th recipient in violation of this provision, any of the following acts, responsible for recipient unit or the people's Government at, supervisory organs shall be investigated for the recipient units chief administrative responsibility and persons constitutes a crime, transferred to judicial organs for criminal liability:

    (A) contravenes section 23rd will be donated to project donation;

    (B) violation of article 24th, altering the use of donated items;

    (C) contravenes section 25th demolition donation project of;

    (D) contravenes section 26th, discard donation project of;

    (E) other acts that violate the public welfare donations law and regulations.

    30th article of the municipal administrative areas in social groups and nonprofit institutions accept overseas Chinese donations to public welfare undertakings, reference to these provisions. 31st these provisions come into force on July 1, 2009.