Administrative Measures On Charitable Giving In Gansu Province

Original Language Title: 甘肃省慈善捐助管理办法

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(March 22, 2006, the 79th meeting of the people's Government of Gansu Province passed on March 29, 2006 27th release from the people's Government of Gansu province as of May 1, 2006) first in order to encourage charitable giving, specification for the donor and the recipient, strengthening the management of donor funds and goods, promoting the development of public welfare undertakings, in accordance with the People's Republic of China on donations for public welfare law and other relevant laws and regulations, combined with the province, these measures are formulated.
    Second charity mentioned in these measures refers to the voluntary, unpaid donors for disaster relief, poverty relief, with persons with disabilities and other difficulties in social groups and individuals donated money.
    Relevant government departments, gongqingfu organizations, disabled persons ' Federation, ICRC and registered charitable organization established by law, for the development of charity the donation of, natural persons, legal persons or other organizations to the relevant government departments, voluntary unpaid gongqingfu organizations, disabled persons ' Federation, or charity donations to the Red Cross, these measures shall apply.
    Charitable contributions to article should stick to the principle of voluntary, unpaid, being honest and trustworthy, shall not violate the laws and social ethics and shall not harm the public interests and the legitimate interests of other citizens.
    Donation ban assessed, not in the name of charity engage in profit-making activities.
    Article fourth of charitable donations should respect donors ' wishes, charitable donations must not be diverted to any other use.
    Insisting that earmarks and focused on principles, be open, fair, equitable, with priority for children, the elderly, women, persons with disabilities and other groups with special difficulties.
    The fifth civil affairs departments above the county level people's Government responsible for the administration of charity work in supervision and management and regular charitable donations.
    Sixth Government departments concerned, gongqingfu organizations, disabled persons ' Federation, ICRC and legally registered charitable organization established, regional charity fundraising activities should be reported to civil affairs departments at the same level for the record.
    Organizational units related to fundraising activities and donations should be used, to the public through local media, and accept supervision by the civil affairs departments.
    Cultural departments shall, in accordance with the provisions of the State Council regulations on the management of commercial performance, strengthen the supervision and management of charity fundraising.
    Organized charity, tied, charity fundraiser, after approval by the relevant government departments should report the civil affairs departments at the same level for the record.
    Seventh Government supports the development of charity, encourages natural persons, legal persons or other organizations for charitable contributions, nurture and development charitable organization.
    Encourages natural persons, legal persons or other organizations directly to the victims, poor people and social welfare contributions.
    Other community organizations for charitable donations, the Organization shall strengthen the management of fundraising activities, subject to public supervision.
    Eighth donor contributions to the donee is entitled to dispose of the property, or volunteer to determine donations number, direction using, financing projects and beneficiaries, to the donee is entitled to query the use of donations.
    The Nineth natural persons should have the value of donated goods and comply with safety and health standards; corporate product donations should provide the product quality inspection certificate or relevant certificates; donations of food, medicines, statutory Inspection Agency inspection reports should be provided.
    Donor donated intangible assets such as intellectual property rights, should provide the appropriate proof of ownership.
    Tenth levels of relevant government departments, gongqingfu organizations, disabled persons ' Federation, ICRC and legally registered charitable organization established for the recipient.
    11th recipient shall be announced to the public the names, addresses, bank accounts, etc.
    Donee accepts charitable contributions should be acceptance and donations donations received vouchers issue produced by the financial sector.
    12th donee accepts charitable donations, you can sign a donation agreement. Donors should be stipulated in the agreement contribution amount, donations term and method performance, without changing.
    Recipient donations should be determined according to the agreement, financing project implementation. Donation raise money in the public places, voluntary pledges and contributions are not cash on the spot, shall sign the pledge book.
    Pledging shall set forth the name of the donated money, species, size, amount, quality, and time, as well as breach of contract, such as content expiration does not comply, the recipient can legally required compliance. 13th overseas donations should be in accordance with the relevant provisions of the State.
    The donee shall not accept additional donations of religious, political and other conditions.
    14th article charity donation paragraph real main for: (a) beneficiaries of basic life, and major disease treatment, and children school; (ii) disabled of rehabilitation training and service, and special education and the devices equipped with; (three) emergency rescue, and transfer and placed victims; (four) disaster Hou housing reconstruction or repair; (five) social welfare institutions of facilities construction, and equipment acquisition; (six) donation people specified of donor project; (seven) other directly for charity donor of necessary spending. 15th the recipient accept donations shall be classified and registered and stored properly.
    Does not apply to the storage, transport or not suitable for recipients of donations, with the consent of the donor's consent, you can swap or sale, still uses donated the proceeds.
    16th Government donations of funds and goods, the distribution plan should be reported to the people's Government at the approved use, and report usage.
    Major public emergencies such as natural disasters, Government civil affairs departments at all levels to mobilize social forces to give to charity, put forward by the civil affairs departments at all levels to use programme, donors and recipients agreed, unified organization.
    17th recipient should establish comprehensive financial accounting system to ensure accounting information legitimate, true and complete, and accept the financial, audit and supervision. Donee accepting donations should open a separate account in a Bank, an independent accounting.
    Endowment funds in addition to the beneficiary of the account funds and pay the prescribed fee, no organization or individual may intercept or misappropriate it.
    Donee accepts donations should be carried out according to relevant regulations of the State statistics, the statistical results reported to the civil affairs departments at the same level.
    18th donations may entrust the Township people's Government, the neighborhood offices, grass-roots mass self-government organizations or directly granted by the recipient.
    Distribution of donations, should adhere to the democratic review, posted, documentation, publication and other procedures, clear accounts, complete the procedures and systems, and to the public.
    The 19th recipient charitable donations should be receiving, distribution, licensing and use of management, to the public on a regular basis, subject to public supervision, and civil affairs departments at the same level for the record.
    20th natural persons, legal persons or other organizations donated funds and goods in accordance with these measures, issued by the recipient of the donation received vouchers, in front of the personal, corporate income tax, in accordance with the relevant provisions of the State tax discount.
    The 21st foreign natural persons, legal persons or other organizations donated for social assistance and social services in money and property, in accordance with the relevant laws and regulations, approved by the departments concerned, reduction or exemption of import duty and import value-added tax.
    22nd Government departments concerned, gongqingfu organizations, disabled persons ' Federation, the ICRC and Government financial support to charitable organizations shall not be extracted from the donation funds. Other charitable organizations provisions relate mainly to the work extracted by the transport, fundraising campaigns, labor expenses, and so on.
    Work requirements and usage should be reported to the finance, civil affairs departments at the record.
    23rd article approved by the provincial government vehicles carrying relief donor supplies exempt from tolls, and the right of way. The 24th recipient without the donor's consent, without changing the nature, use of donated property, civil affairs departments above the county level people's Governments shall be ordered to correct and given a warning.
    It refuses, after seeking the views of the donor, the people's Governments above the county level will donate the property referred to the same or similar charitable organization with its purpose.
    25th misappropriation, embezzlement or corruption of donations, the people's Governments above the county level, income funds and goods used by the departments of civil affairs ordered to return, and a fine of 1000 Yuan and 30,000 yuan fines; constitutes a crime, criminal responsibility shall be investigated according to law.
    Recovery, the recovery of the donations in accordance with the preceding paragraph should be used for the original donation purpose and use.
    The 26th recipient of any of the following circumstances, be warned by the civil affairs departments above the county level, and more than 1000 Yuan and 30,000 yuan fines: (a) to donors to engage in profit-making activities; (b) the donation of unused financial sector producers receive vouchers, and (iii) breach of the requirement to use work.
    27th the units and their staff in the donation campaign in abuse of power, negligence, malpractice, by the unit or its parent departments to be dealt with in accordance with the relevant provisions constitutes a crime, criminal responsibility shall be investigated according to law.
    28th other acts in violation of these regulations, dealt with by the relevant authorities in accordance with laws and regulations.
                                                        29th these measures shall come into force on May 1, 2006.

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