The Act Of 24 April 2003 On The Activities Of Public Benefit And About Volunteering

Original Language Title: USTAWA z dnia 24 kwietnia 2003 r. o działalności pożytku publicznego i o wolontariacie

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DIVISION I General provisions Art. 1. [range] 1. The Act governs: 1) public benefit activities by non-governmental organizations in the sphere of public tasks and public administration authorities with non-governmental organisations;

2) for non-governmental organisations, public benefit status and the functioning of public benefit organizations;

3) supervision of public benefit activity;

4) the establishment and functioning of the Councils of public benefit activities.

2. The Act also regulates the procedures for the exercise of the benefits provided by volunteers, and the use of these benefits.

Article. 2. [Definitions] Whenever the law is talking about: 1) grants-shall mean a subsidy within the meaning of article 3. paragraph 127. 1 (1) (a). (e) and article. 221 of the Act of 27 August 2009. public finance (OJ No 157, item 1240, as amended);

2) "public measures" shall mean measures public, referred to in the Act on public finances, public expenditure within the meaning of this Act;

3) wolontariuszu-shall mean a natural person who volunteered and without remuneration, performs the provision on the principles set out in the Act;

4) local initiative-shall mean the form of cooperation of local government units with their inhabitants, to jointly carry out tasks public to benefit the local community.

Article. 3. [public benefit Activity] 1. Public benefit activity is socially useful, carried out by non-governmental organizations in the sphere of public tasks specified in the Act.

2. Non-governmental organizations are: 1), other than units of the public finance sector, within the meaning of the Act on public finance, 2) failed to make a profit – legal persons or organizational units not having a legal personality, which separate the law recognizes the legal capacity, including foundations and associations, subject to the provisions of paragraph 2. 4.3. Public benefit activities may be conducted by: 1) legal persons and agencies operating on the basis of the provisions of the State to the Catholic Church in the Republic of Poland, of the relation to other churches and religious societies, and about the guarantees of freedom of conscience and religion, if their statutory objectives include activities of public benefit;

2) associations of local government units;

3) social cooperatives;

4) public limited liability companies and limited liability companies and sports clubs that are running companies based on the provisions of the Act of 25 June 2010 about sports (OJ No 127, poz. 857, as amended), which do not operate to make a profit and spend the whole of the income for the implementation of statutory objectives and allocate the profit for distribution among its shareholders, shareholders and employees.

3A. The provisions of article 4. 19b-41i does not apply to social cooperatives.

4. the provisions of chapter II shall not apply to: 1) political parties;

2) trade unions and employers ' organisations;

3) local authorities;

4) (repealed);

5) Foundation created by political parties;

6) (repealed).

5. The provisions of Chapter 2 Chapter II shall not apply to outsourcing tasks in the field of care of Polonia and poles abroad financed from the resources of the State budget in part, which have is the head of the Office of the Senate.

6. (repealed).

Article. 4. [Public Sphere] 1. The sphere of public tasks, referred to in article 1. 3 paragraphs 1 and 2. 1, includes the task of: 1) social assistance, including assistance to families and persons in a difficult life situation and the Equalization of opportunities for these families and individuals;

1A), foster families and foster care system;

2) activity for the integration and professional and social reintegration of people at risk of social exclusion;

3) charitable activities;

4) support and dissemination of the national tradition, cherishing the Polish and the development of national consciousness, civic and cultural;

5) for national and ethnic minorities and on regional language;

6) protection and promotion of health;

7) activities for people with disabilities;

8) employment promotion and activation of professional people out of work and threatened with dismissal;

9) on behalf of the equal rights of men and women;

10) activities for people of retirement age;

11) activities supporting economic development, including the development of entrepreneurship;

12) activities supporting the development of technology, invention and innovation, and the dissemination and implementation of new technical solutions in business practice;

13) activities supporting the development of communities and local communities;

14) science, higher education, education, education and education;

15) activities of children and adolescents;

16) culture, art, the protection of the cultural and national heritage;

17) the promotion and dissemination of physical culture;

18) ecology and the protection of animals and the protection of natural heritage;

19) tourism and local history;

20) order and public security;

21) defence of the State and the activities of the armed forces of the Republic of Poland;

22) the dissemination and protection of freedom and human rights and civil liberties, as well as activities that support the development of democracy;

23) rescue and civil protection;

24) disaster relief, natural disasters, armed conflicts and wars in the country and abroad;

25) the dissemination and protection of the rights of consumers;

26) activities for European integration and the development of contacts and co-operation between societies;

27) promotions and volunteer organizations;

28) aid the Polish community and Poles abroad;

29) for war veterans and repressed persons;

30) promotion of Poland abroad;

31) activities for the family, maternity, parenting, dissemination and protection of the rights of the child;

32) the prevention of addictions and social ills;

33) activities for non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, to the extent specified in paragraphs 1 to 32.

2. The Council of Ministers may specify, by regulation, the task of others than those mentioned in paragraph 1. 1 as belonging to the realm of public tasks, guided by their particular social usability and possibility of their exercise by the entities referred to in article 1. 5. 1, in a manner sufficient to satisfy social needs.

Article. 5. [cooperation] 1. Public administration bodies carry out activities in the sphere of public tasks, referred to in article 1. 4, in cooperation with non-governmental organizations and entities referred to in article 5. 3 paragraphs 1 and 2. 3, leading to the territorial scope of the public administrations, the activities of public benefit in terms of corresponding to the tasks of these bodies.

2. the Cooperation referred to in paragraph 1. 1, takes place in particular, in the forms of: 1) requesting non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3 the performance of the tasks of the public on the principles set out in the Act;

2) inform each other of planned directions of activity;

3) consultation with non-governmental organisations and bodies referred to in article 5. 3 paragraphs 1 and 2. 3 normative acts projects in areas relating to the statutory activities of these organizations;

4) consultation draft normative acts related to the sphere of public tasks, referred to in article 1. 4, with the advice of public benefit activities, in case they were created by the competent local government unit;

5) creation of joint advisory teams and inicjatywnym, composed of representatives of non-governmental organizations, entities listed in the article. 3 paragraphs 1 and 2. 3, and representatives of competent public authorities;

6) arrangements of local initiatives on the principles set out in the Act;

7) partnership agreements laid down in the Act of 6 December 2006 on the basis of policy development (OJ of 2009. # 84, 712 and No 157, item 1241).

3. the Cooperation referred to in paragraph 1. 1, takes place on the basis of: the principle of subsidiarity, the sovereignty of the parties, partnership, efficiency, fair competition and transparency.

4. Outsourcing the implementation of public tasks, referred to in paragraph 1. 2, paragraph 1, as tasks within the meaning of article 3. paragraph 127. 1 (1) (a). (e), article. 151 paragraph 1. 1 and art. 221 of the Act of 27 August 2009. public finance may take the form of: 1) for the delegation of public tasks, along with the granting of subsidies to finance their implementation, or 2) assist in the performance of public tasks, along with the award of a grant for funding for their implementation.

5. the authority which is the unit of local Government determines, by resolution, detailed consultation with the Councils of public benefit activity or non-governmental organisations and bodies referred to in article 5. 3 paragraphs 1 and 2. 3 draft local laws in areas relating to the statutory activities of these organizations.

6. A public authority may, after consultation with non-governmental organisations and bodies referred to in article 5. 3 paragraphs 1 and 2. 3 create and lead agencies, the objective of which is the activities referred to in article 1. 4 paragraph 1. 1, point 33.


7. Operator unit referred to in paragraph 1. 6, can also be a non-governmental organization and the entities listed in article 1. 3 paragraphs 1 and 2. 3.8. Units of local government may grant loans, guarantees, sureties to non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, for the implementation of the tasks in the sphere of public benefit, on the terms specified in separate regulations.

Article. 5a. the [programme of cooperation with non-governmental organisations] 1. The body representing local government unit shall adopt, after consultation with non-governmental organisations and bodies referred to in article 5. 3 paragraphs 1 and 2. 3, carried out in the manner specified in art. 5. 5, the annual programme of cooperation with non-governmental organisations and bodies referred to in article 5. 3 paragraphs 1 and 2. 3. the annual programme of cooperation is adopted by 30 November of the year preceding the period of validity of the programme.

2. the authority which is the local government unit may adopt, as specified in paragraph 2. 1, a multiannual programme of cooperation with non-governmental organizations and entities referred to in article 5. 3 paragraphs 1 and 2. 3.3. The executive body of the local government unit, not later than 30 April of each year, shall submit to the authority shall be marketed under local government units, and to publish in the Bulletin of public information report on the implementation of the cooperation programme for the previous year.

4. the programme of cooperation with non-governmental organisations and bodies referred to in article 5. 3 paragraphs 1 and 2. 3 includes, in particular: 1) the main objective and the specific objectives of the programme;

2) principles of cooperation;

3) scope;

4) forms of cooperation referred to in article 1. 5. 2;

5) priority public tasks;

6) period of implementation of the programme;

7) the way of the implementation of the programme;

8) height of the measures planned for the implementation of the programme;

9) the assessment of the implementation of the programme;

10) information about how to create the program and the course of the consultations;

11) Commission action policies for the appointment and mode of the competition to the assessment of tenders in open competitions offers.

Article. 5b. [the period for which is a programme of cooperation with non-governmental organisations] 1. A government authority may, by Ordinance, adopt, after consultation with non-governmental organisations and bodies referred to in article 5. 3 paragraphs 1 and 2. 3, a programme of cooperation with non-governmental organisations and bodies referred to in article 5. 3 paragraphs 1 and 2. 3 for a period of from one to five years.

2. The provisions of article 4. 5A paragraph 2. 1 sentence 2 and paragraph 3. 4 shall apply mutatis mutandis.

3. Government Authority not later than 30 April of each year, announces in the Bulletin of public information report on the implementation of the cooperation programme for the previous year.



Article. 5 c. [departmental honor and government programs support the development of non-governmental organizations] the competent Minister of social security, in consultation with the Council of public benefit Activities, hereinafter referred to as "the Council", can develop a departmental honor and government programs support the development of non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, and financially support these programs, in particular as referred to in article mode. 11. TITLE II public benefit Activities Chapter 1 the activities of paid and unpaid public interest Article. 6. [policies public benefit] the activities of public benefit is not subject to the article. 9. 1, an economic activity, within the meaning of the freedom of economic activity, and can be run as free or as a paid activity.

Article. 7. [the activities free of charge] unpaid Activities of public benefit is the activities carried out by non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, in the sphere of public tasks, referred to in article 1. 4, for which they do not receive remuneration.

Article. 8. [Activity paid] 1. Paid activities of public benefit is: 1) the activities carried out by non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, in the sphere of public tasks, referred to in article 1. 4, for which they pay;

2) the sale of goods or services produced or provided by persons directly benefiting from the activities of public interest, in particular in the field of rehabilitation and adaptation to working life of people with disabilities and the professional and social reintegration of persons at risk of social exclusion.

2. Revenue from operations of public benefit for consideration is only public benefit activities.

Article. 9. [business] 1. Activities for consideration of public interest non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3 is an economic activity, within the meaning of the freedom of economic activity, if: 1) the remuneration referred to in article 2. 8 paragraph 1. 1, is in respect of a type of higher than what follows from the cost of this activity, or 2) average monthly salary of an individual from employment in the exercise of Office activities of public benefit for consideration, for the last 3 months, exceeds 3 times the average monthly salary in the business sector as announced by the President of the Central Statistical Office for the previous year.

1a. the body of public administration, which during the inspection finds the fact, referred to in paragraph 1. 1, calls for a non-governmental organisation and the entities listed in article 1. 3 paragraphs 1 and 2. 3 point 2 – 4 to submit an application for entry in the register of entrepreneurs of business within 30 days from the date of the request.

1B. If, within the period referred to in paragraph 1. 1A, a non-governmental organization and the entities listed in article 1. 3 paragraphs 1 and 2. 3 point 2-4 shows the body of public administration, that submitted an application for entry in the register of entrepreneurs of business, public administration shall inform the Registration Office competent for this organization to conduct its business. Provision of art. 24 of the Act of 20 August 1997 on the national court register (Journal of laws of 2007, # 168, poz. 1186, as amended) shall apply mutatis mutandis.

2. The remuneration referred to in paragraph 1. 1 paragraph 2 shall mean the remuneration for the provision of work or services, regardless of how you connect to the employment relationship, or the nature and content of the contract of civil law natural person.

3. You cannot lead paid public benefit activities and economic activities in respect of the same objects.

Article. 10. [Accounting] 1. The non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3 point 2 – 4:1) free public benefit activities, 2) for consideration of a public benefit activity or 3) business-accountancy requires separation of these activities to the extent the determination of revenues, costs and results of each of these activities, subject to the provisions on accounting.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis in the case of organisational separation of public benefit.

3. the scope of activities of unpaid or paid public interest non-governmental organizations and entities listed in the article. 3 paragraphs 1 and 2. 3 determine the statutes or any other Act.



Chapter 2 public benefit activities based on the order the tasks of Public Art. 11. [Commissioning public tasks] 1. Public administrations: 1) support in the area referred to in article 1. 4, the implementation of public tasks by non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, leading the activities of the Office in the field;

2) entrust in the sphere of public tasks, referred to in article 1. 4, the implementation of public tasks to non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, leading the activities of the Office in the field.

2. Support and grant referred to in paragraph 1. 1, takes place after the completion of the open competition of tenders, unless separate provide another mode was ordered.

2A. the competition referred to in paragraph 1. 2, can be subcontracted to non-governmental organisations or entities listed in the article. 3 paragraphs 1 and 2. 3.2b. Support the competition referred to in paragraph 1. 2A, does not include: 1) open competition of tenders referred to in article 2. 13 paragraph 1. 3;

2) the appointment of the selection board, as referred to in article. 15 paragraph 1. 2A;

3) the selection of tenders referred to in article 2. 15 paragraph 1. 2 g;

4) announced results of open competition of tenders referred to in article 2. 15 paragraph 1. 2 h;

5) conclude agreements to support the execution of a task or public requesting implementation of public tasks with selected non-governmental organizations or entities referred to in article 5. 3 paragraphs 1 and 2. 3;

6) cancellation of open competition of tenders referred to in article 2. 18A. 3. In an open competition of tenders referred to in paragraphs 1 and 2. 2, participate in non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3.4. Choice of order execution of public tasks in, referred to in paragraph 1. 2, or otherwise specified in separate regulations, in a manner that ensures the high quality of the implementation of the task.


5. Support and delegation, referred to in paragraph 1. 1, may be made on the principles and rules of public-private partnership or on the basis of international agreements, if the implementation of a specific task of the public will be submitted non-recoverable funds from foreign sources.

Article. 11A. [conditions for acceptable Miss open competition bids] in the event of a natural disaster, natural disaster or technical failure, within the meaning of article 3. 3 paragraphs 1 and 2. 1 of the Act of 18 April 2002 on the State of natural disaster (Journal of laws No. 62, item 558, as amended), in the country or outside its borders public authority, in order to prevent their consequences, can have non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3 the implementation of public tasks without open competition bids. The provisions of article 4. 43, art. 47, art. 151. 221 of the Act of 27 August 2009. public finance shall apply mutatis mutandis.

Article. 11B. [other grounds for order execution of public tasks without open competition tenders], the President of the Council of Ministers if it is necessary for the protection of human life or health or due to the important public interest or important public interest, may have non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3 the implementation of public tasks without open competition bids. The provisions of article 4. 43, art. 47 and article. 151 of the Act of 27 August 2009. public finance shall apply mutatis mutandis.

Article. 11 c. [execution of public tasks without open competition, related to the protection of the population and a major contributor to] the competent Minister of the Interior, in cases concerning civil protection and rescue tasks, can have entities authorized to perform mountain rescue, referred to in article 1. 5. 1 of the Act of 18 August 2011, safety and rescue, in the mountains and organized ski areas (OJ No 208, POS. 1241), entities authorized to perform a water rescue, referred to in article 1. 12 paragraph 1. 1 of the Act of 18 August 2011 for the safety of persons residing in areas (OJ No 208, POS. 1240), fire protection units referred to in article 1. 15 paragraph 6 and 7 of the Act of 24 August 1991 on fire protection (OJ of 2009 # 178, item 1380 and from 2010, # 57, item 353), and the Polish Red Cross public tasks without open competition bids. The provisions of article 4. 43, art. 47 and article. 151 of the Act of 27 August 2009. public finance shall apply mutatis mutandis.



Article. 11 d. [the application of the provisions of the Act] for the implementation of public tasks outsourced under art. 11A-11 c shall apply mutatis mutandis the provisions of article 4. 15 paragraph 1. 1 and art. 16 – 18 and rules pursuant to article 114. 19. Article. 12. [offer execution of public tasks] 1. Non-governmental organization and the entities listed in article 1. 3 paragraphs 1 and 2. 3 may, on its own initiative, request the implementation of public tasks, including one that is implemented in different ways, including by public administration bodies. The application shall contain, in particular: 1) a description of the public tasks for implementation;

2) estimate the cost of the implementation of public tasks.

2. In the case referred to in paragraph 1. 1, public administration, within a period not exceeding 1 month from the date of receipt of the application: 1) shall consider the desirability of achieving a public task by non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, taking into account: (a)) the extent to which the proposal corresponds to the priority tasks the public referred to in cooperation with non-governmental organisations and bodies referred to in article 5. 3 paragraphs 1 and 2. 3, b) provide high quality accomplish the task, c) the resources available for the implementation of public tasks, d) benefits resulting from the implementation of public tasks by a non-governmental organisation or persons referred to in the article. 3 paragraphs 1 and 2. 3;

2) informs about taken decision, and in the case of the advisability of implementing the public task informs the applicant about the mode in the job the public referred to in article 2. 11 (1). 2, and the date of the notice open competition bids.

Article. 13. [open competition tenders] 1. Public administration body wishing to assign a public task to non-governmental organisations or entities listed in the article. 3 paragraphs 1 and 2. 3, announces open competition bids. The deadline for the submission of tenders shall not be less than 21 days from the date of publication of the last notice referred to in paragraph 1. 3.2. Notice open competition tenders should contain information about: 1) kind of task;

2) the amount of public funds intended for the implementation of this task;

3) grant basis;

4) within the time limits and conditions of execution of a task;

5) deadline for submission of tenders;

6) mode and the criteria used in the selection of tenders and the date of the check;

7) carried out by the public administration in the year of the announcement of open competition of tenders and in the previous year the public tasks of the same type and related costs, with particular reference to the amount of grants provided to non-governmental organisations and entities referred to in article 1. 3 paragraphs 1 and 2. 3.3. Open competition of tenders shall be: 1) in the Bulletin of public information;

2) at the headquarters of the public administration body in place for posting;

3) on the website of the public administration body.

4. announcement of open competition can be also included in the official or weekly with a range of national, regional or local level, depending on the type of task.

5. announcement of open competition of tenders for the implementation of public tasks in the following year may be made on the basis of a draft resolution on Budgets transferred authority of forming Government entities on the principles set out in the provisions of the law on public finance.

Article. 14. [requirements for an offer] 1. Offer was made in a mode referred to in art. 11 (1). 2 or in article 3. 19A paragraph. 1, shall in particular: 1) the detailed scope of public tasks proposed for implementation;

2) date and place of execution of public tasks;

3) estimate of the anticipated costs of the implementation of public tasks;

4) about an earlier non-governmental organisations or entities referred to in article 1. 3 paragraphs 1 and 2. 3 submitting the offer in the field that has the public task;

5) about their resources, plant and equipment and personnel to ensure the execution of the task and of your expected amount of funding for this job originating from other sources;

6) a declaration of intention to fee-based or free of charge of the task.

2. Two or more non-governmental organisations or entities listed in the article. 3 paragraphs 1 and 2. 3 acting jointly may make an offer.

3. offer the common points: 1) what actions in the framework of the implementation of public tasks they will perform various non-governmental organisations or entities listed in the article. 3 paragraphs 1 and 2. 3;

2) representation of the entities referred to in paragraph 1. 2, to public administration body.

4. The agreement concluded between the non-governmental organizations or entities referred to in article 5. 3 paragraphs 1 and 2. 3, indicating the scope of their benefits that make up the implementation of public tasks, shall be annexed to the agreement to support the implementation of public tasks or to entrust the execution of a task.

5. Non-governmental organizations or entities listed in the article. 3 paragraphs 1 and 2. 3 consisting of common joint and several responsibility offer for the obligations referred to in article 1. 16 paragraph. 1. Article. 15. [examination of tenders] 1. Public administration in the handling of tenders: 1) assesses the possibility of implementation of public tasks by a non-governmental organisation or persons referred to in the article. 3 paragraphs 1 and 2. 3;

2) evaluates the submitted estimate the cost of the implementation of public tasks, including as regards the scope of the in rem;

3) evaluates the proposed quality tasks and qualifications of the people, with the participation of which the non-governmental organization or the entities referred to in article 1. 3 paragraphs 1 and 2. 3 they will pursue public task;

4) in the case referred to in article 1. 5. 4, paragraph 2, shall take into account the planned by non-governmental organisation or persons referred to in the article. 3 paragraphs 1 and 2. 3 share of own funds or funds from other sources for the implementation of public tasks;

5) takes into account the planned by non-governmental organisation or persons referred to in the article. 3 paragraphs 1 and 2. 3, contributions in kind, persons, including provision of volunteer and social work members;

6) takes into account the analysis and evaluation of the implementation of outsourced tasks in case of a non-governmental organization or entities referred to in article 1. 3 paragraphs 1 and 2. 3, which in previous years had implemented commissioned public tasks, taking into account the reliability and timeliness, and how the settlement received for this purpose resources.

2. the provision of paragraph 1. 1 shall also apply where, as a result of the notice open competition bids was reported one offer.

2A. A public authority advertisers open offer contest appoints a selection board for the purpose of assessment of the tenders submitted.

2B. the jury appointed by the authority of the local government unit shall be composed of representatives of the executive body.


2 c. in the composition of the selection board appointed by the Government shall be composed of representatives of that body.

2D. the competition Commission consists of the persons indicated by the non-governmental organizations or entities listed in the article. 3 paragraphs 1 and 2. 3, with the exception of persons identified by non-governmental organisations or entities listed in the article. 3 paragraphs 1 and 2. 3, taking part in the competition.

2DA. The selection board can function without the participation of the persons identified by the non-governmental organizations or entities listed in the article. 3 paragraphs 1 and 2. 3:1) no organization does not show people to the composition of the jury or 2) it will not participate in the work of the selection board, or 3) all set up in the composition of the jury people be excluded on the basis of article. 15 paragraph 1. 2D or article. 15 paragraph 1. 2f. 2e. The contest also may participate in the work of the Commission, with advisory, person with specialist knowledge in the field covering the range of public tasks, where competition concerns.

2f. The members of the selection board involved in the evaluation of bids shall be governed by the law of 14 June 1960 – administrative procedure code (Journal of laws of 2000 No. 98, item 1071, as amended) regarding the exclusion of the employee.

2 g in open competition bids can be selected more than one offer.

2 h. announcement of results of open competition of tenders shall contain in particular: 1) the name of the successful tenderer;

2) name of the task;

3) the amount of allocated public funds.

2. Each, within 30 days from the date of publication of the results of the competition, may require justification for the selection or rejection of the offer.

2j. the results of the open competition bids shall be published immediately after selecting the offer as specified in article 4. 13 paragraph 1. 3.3. (repealed).

4. After the announcement of the results of the open competition offers a public authority, without undue delay, conclude agreements to support the implementation of public tasks or to entrust the implementation of public tasks with selected non-governmental organizations or entities referred to in article 5. 3 paragraphs 1 and 2. 3. Article. 16. [Agreement for support or to entrust the implementation of a public task] 1. Non-governmental organisations or entities listed in the article. 3 paragraphs 1 and 2. 3, taking the order of implementation of public tasks as specified in art. 11 (1). 2, undertake to perform public tasks and on the terms specified in the contract, as appropriate to support the implementation of public tasks or to entrust the implementation of public tasks, drawn up taking into account art. 151 paragraph 1. 2 and art. 221 para. 3 of the Act of 27 August 2009. public finance and the provisions of the Act, a public authority undertakes to provide for the implementation of the tasks of the grant.

2. The agreement referred to in paragraph 1. 1, requires the written form under the pain of nullity.

3. the contract to support the implementation of public tasks or to entrust the implementation of a public task may be concluded for the duration of the execution of a task or for a specified period of not more than 5 years.

4. Public task cannot be carried out by the non-party to the contract to support the implementation of public tasks or to entrust the implementation of a public task, subject to paragraph 2. 7.5. Non-governmental organization and the entities listed in article 1. 3 paragraphs 1 and 2. 3 are required to extract in the accounting records funds received for the implementation of the agreement referred to in paragraph 1. 1. the provision of article. 10 paragraph 1. 1 shall apply mutatis mutandis.

6. in the case of orders execution of public tasks to non-governmental organisations or entities listed in the article. 3 paragraphs 1 and 2. 3, which made an offer, in the contract for the support of public tasks or to entrust the implementation of public tasks, you must indicate the rights and obligations of each of the organizations or entities, including the extent of their benefits that make up the accomplished task.

7. Non-governmental organizations or entities listed in the article. 3 paragraphs 1 and 2. 3, with which the public authority has entered into an agreement referred to in paragraph 1. 1, may delegate the implementation of public tasks selected, in a manner that ensures transparency and fair competition to non-governmental organisations or entities listed in the article. 3 paragraphs 1 and 2. 3, non-parties, respectively, support the implementation of public tasks or requesting a public task.

Article. 17. [inspection and assessment of the implementation of tasks] public administration customer public task shall control and evaluate the implementation of tasks, and in particular: 1) the State of the task;

2) efficiency, reliability and quality of the performance of a task;

3) the regularity of the use of public funds received for the implementation of the tasks;

4) carry out the documentation referred to in the law and in the provisions of the agreement.

Article. 18. [report on the implementation of tasks] 1. A report on the implementation of public tasks specified in the contract must be drawn up within 30 days from the date of completion of the tasks.

2. The reporting period is the financial year.

3. A public authority may invite to submit a partial financial year performance reports a public task, not earlier than before the expiry of 30 days from the date of service of a summons.

Article. 18A. [conditions for cancellation of open competition tenders] 1. A public authority shall cancel open competition bids if: 1) has no deals;

2) none of the bids did not meet the requirements contained in the notice referred to in article 1. 13 paragraph 1. 2.2. Information about the cancellation of the open competition offers a public authority shall make public in the manner specified in article 2. 13 paragraph 1. 3. Article. 19. [Delegation] the competent Minister in charge of social security shall determine by regulation: 1) deals, referred to in article 1. 11 (1). 2, 2) pattern framework agreement referred to in article 1. 16 paragraph. 1, 3) the report referred to in article. 18 paragraph 1. 1 – having regard to the need to ensure full information on the implementation of public tasks.

Article. 19A. [the implementation of public tasks of a local or regional level without open competition tenders] 1. To the implementation of public tasks, referred to in article 1. 14, made by non-governmental organisations or entities listed in the article. 3 paragraphs 1 and 2. 3, the executive body of the local government unit recognizing the desirability of carrying out this task, you may request a non-governmental organization or entities listed in the article. 3 paragraphs 1 and 2. 3, without open competition bids, implementation of public tasks of a local or regional level, which satisfies the following conditions: 1) the amount of funding or financing public tasks does not exceed $10,000;

2) public task has to be implemented in a period of not more than 90 days.

2. (repealed).

3. not later than 7 working days from the date of receipt of the offer, the executive body of the local government unit shall offer for a period of 7 days: 1) in the Bulletin of public information;

2) at the headquarters of the authority of the local government unit in place for posting;

3) on the website of the authority of the local government unit.

4. each, within 7 days from the date of posting of the offer in the manner referred to in paragraph 1. 3, can make comments about the deals.

5. After the expiry of the time limit referred to in paragraph 1. 4, and after considering the comments, the executive body of the local government unit shall contain an agreement to support the implementation of public tasks or to entrust the execution of a task. The offer referred to in paragraph 1. 2, is an annex to the agreement.

6. the total amount of funds transferred by the executive body of the local government unit of the same NGO or the same entity listed in the article. 3 paragraphs 1 and 2. 3, as specified in paragraph 1. 1, in a given calendar year, shall not exceed the amount of 20 000 $.

7. the amount of financial resources allocated by the executive body of the local government unit in mode, referred to in paragraph 1. 1, may not exceed 20% of the grants planned for the financial year for the implementation of public tasks by non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3.8. To contracts concluded on the basis of paragraph 1. 5 shall apply mutatis mutandis the provisions of article 4. 16 – 18 and rules pursuant to article 114. 19. Chapter 2a local Initiative Article. 19b. [local Initiative concerning the submission of the application for a public task] 1. Within the framework of the initiative of the local residents of the local government unit directly or through non-governmental organisations or entities referred to in article 1. 3 paragraphs 1 and 2. 3 may request the implementation of public tasks to local government units, which have a place of residence or registered office, in the field of: 1) activities referred to in article 1. 4 paragraph 1. 1 paragraph 13, including in particular construction, expansion or renovation of roads, sewers, water mains, buildings and architectural objects owned by local government units;

2) activities referred to in article 1. 4 paragraph 1. 1 paragraphs 3, 4, 5, 16 and 27;

3) education, education and education, referred to in article 1. 4 paragraph 1. 1 paragraph 14;

4) activities in the sphere of physical culture and tourism, referred to in article 1. 4 paragraph 1. 1 paragraphs 17 and 19;

5) for nature conservation, including in cities and villages referred to in art. 4 paragraph 1. 1, paragraph 18;

6) public order and security, as referred to in article. 4 paragraph 1. 1 paragraph 20.


2. the application referred to in paragraph 1. 1, is an application within the meaning of the administrative procedure code.

Article. 19 c. [mode and the criteria for assessing applications] 1. The body representing local government unit specifies the mode and detailed criteria for the assessment of applications for the implementation of public tasks in the framework of the initiative. Detailed evaluation criteria should take into account, first and foremost, the contribution of social work in the implementation of local initiatives.

2. The Executive Body of the local government unit, making the assessment of the application, shall take into account the specific criteria for the assessment of the application and its desirability, from the point of view of the needs of the local community.

Article. 19 d. [the conclusion of the agreement for implementation of local initiative] after consideration of the application referred to in article 1. 19b paragraph 2. 1, the executive body of the local government unit contains a fixed-term contract execution of local initiatives with the applicant.

Article. 19E. [types of obligations of the applicant] the obligation of the applicant can rely on the provision of social services, the benefits in cash or in kind.

Article. 19F. [Transfer applicants for the duration of the contract the things necessary for the implementation of local initiatives] can the petitioner receive from local government unit for the duration of the contract the things necessary for the implementation of local initiatives.

Article. 19. [Drafting documents necessary to carry out local initiatives] the executive body of the local government unit together with the applicant, shall draw up the documents required to carry out local initiatives, including the schedule and cost estimate.

Article. 19 h [a reference to the provisions of the civil code] in terms of unregulated by statute, to the implementation of local initiatives, the provisions of the Act of 23 April 1964 – Civil Code (OJ No 16 item 93, as amended).



Chapter 3 public benefit Organisations Article. 20. [public benefit Organisations] 1. Organization of public benefit may be non-governmental organization and an entity mentioned in the article. 3 paragraphs 1 and 2. 3 paragraphs 1 and 4, subject to article 22. 21, which meets the following requirements: 1) carries out activities of public benefit for the general community, or specific groups of operators, provided that this group is isolated due to the particularly difficult situation of life or material in relation to the public;

2) can be established solely as an extra in relation to the activities of public benefit;

3) surplus of revenues over costs is spent on activities referred to in paragraph 1;

4) has a statutory collective control authority or supervision, distinct from the governing body and not subject to him in the performance of internal control or supervision, and the members of the inspection authority or supervision: a) may not be members of the governing body or to remain with them in marriage, cohabitation, consanguinity, affinity or reporting on business, b) have not been convicted by a final judgment for an intentional crime prosecuted public prosecution or the crime tax , c) can receive the title as in this authority return reasonable costs or remuneration in the amount of not more than the average monthly salary in the business sector announced by the President of the Central Statistical Office for the previous year;

5) members of the management organ were not convicted by a final judgment for an intentional crime prosecuted public prosecution or the crime tax;

6) the statute or other internal acts of non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3 paragraphs 1 and 4, prohibit: a) lending or securing obligations the assets of the organisation in relation to its members, Board members or employees and people with whom the members, the members of the authorities and the workers are unmarried, cohabitation or consanguinity or affinity in the direct line, consanguinity or affinity in the side line to the second degree or are tied up for adoption , care or guardianship, hereinafter referred to as "people close", (b)) the transfer of their assets for the benefit of their members, of members of bodies or employees and their relatives, on the basis of other than in relation to third parties, in particular, if the transfer is followed by free of charge or on preferential terms, (c)) use of property for the benefit of the members, Board members or employees and their relatives on a basis other than in relation to the third party unless it is directly derives from the statutory purpose, d) purchase goods or services from entities, involving members of the Organization, the members of its bodies or employees and their relatives, on the basis of other than in relation to third parties or at prices higher than the market.

2. in the case of associations the activities referred to in paragraph 1. 1 paragraph 1, may not be operated exclusively for the benefit of the members of the Association.

Article. 21. [Church Organizations] in the case of entities referred to in article 1. 3 paragraphs 1 and 2. 3 paragraph 1:1) the activities of public benefit as referred to in article 4. 20(2). 1 paragraph 1 shall be extracted in a way that ensures proper identification in terms of organizational and accounting;

2) recipe article. 20(2). 1 paragraph 3 shall apply to the surplus of revenue over costs obtained as a result of the activities of public benefit;

3) recipe article. 20(2). 1 paragraph 4 shall apply mutatis mutandis, taking into account the detailed rules on the organisation and operation of these units, governed by the provisions of the relevant for them, including in the statutes or other internal acts.

Article. 22. [Obtain public benefit status] 1. Non-governmental organization and the entities listed in article 1. 3 paragraphs 1 and 2. 3 paragraphs 1 and 4 can obtain the status of public benefit organizations provided that the activities referred to in article 1. 20(2). 1 paragraph 1 and paragraph 2. 2 is carried out continuously for at least 2 years.

2. A non-governmental organization and the entities listed in article 1. 3 paragraphs 1 and 2. 3 paragraph 4, subject to the entry into the national court register public benefit status from the moment you enter in that register information about satisfying the requirements referred to in article 1. 20, on the terms and in the mode specified in the Act of 20 August 1997, of the national court register.

3. A non-governmental organization other than mentioned in paragraph 1. 2 and listed in article 1. 3 paragraphs 1 and 2. 3 paragraph 1, public benefit status from the moment of entering into the national court register, under the terms and in the mode specified in the Act, referred to in paragraph 1. 2.4. Non-governmental organization, and the entities listed in article 1. 3 paragraphs 1 and 2. 3 paragraph 4 referred to in paragraph 1. 2, loses the status of public benefit organization upon deletion from the national court register information about complying with the requirements referred to in article 1. 20, and the entities referred to in paragraph 1. 3-at the time of deletion from the register.



Article. 22A. [Conditions again obtain public benefit status] 1. In the case of the deletion of public benefit organisations or information about satisfying the requirements referred to in article 1. 20, national court register non-governmental organization or entity listed in the article. 3 paragraphs 1 and 2. 3 paragraphs 1 or 4 can again obtain the status of public benefit organization: 1) after the application for registration, where the deletion from the national court register took place on the basis of a proposal by the non-governmental organization or entity listed in the article. 3 paragraphs 1 and 2. 3 paragraphs 1 or 4;

2) after the expiration of 2 years from the time the deletion from the national court register: a) at the request of the Minister responsible for social security, (b)) from the Office by the competent registration Court.

2. The provisions of article 4. 20 and article. 22 shall apply mutatis mutandis.

Article. 23. [annual report] 1. Public benefit organization shall draw up an annual technical report on its activities, subject to the provisions of separate.

1a. the entities listed in article. 3 paragraphs 1 and 2. 3 paragraph 1, having the status of public benefit organization, shall draw up a technical report only from separate public benefit activity and provide them to the public in such a way as to become familiar with this report by the stakeholders.

2. Public benefit organization shall draw up an annual financial report, on the principles set out in the accounting rules.

2A. Public benefit organization shall make the report referred to in paragraph 1. 1 and 2, to the public in such a way as to become familiar with this report by the stakeholders, including by posting on its website.

2B. the entities listed in article 1. 3 paragraphs 1 and 2. 3 paragraph 1, having the status of public benefit organisations, draw up financial statements only from separate public benefit activities.

3. (repealed).

4. (repealed).

5. In relation to the public benefit organisation, where the financial statements do not subject to testing in accordance with the accounting rules, the proper minister of public financies in consultation with the competent Minister on social security may by regulation to introduce such an obligation, taking into account: 1) the amount of the grants received;

2) size of revenue;

3) the need to ensure the control of accuracy of the records.


6. Public benefit organization publishes approved financial report and technical report on its activities, referred to in paragraph 1. 1 and 2, not later than 15 July of the year following the year for which the report is financial and substantive, on the website of the Office, the Minister responsible for social security.

6a. Organization of public benefit that is not posted on the website of the Office, the Minister responsible for social security, within the time limit referred to in paragraph 1. 6 and 6b, approved the financial statements and reports on the merits of its activities referred to in paragraph 1. 1 and 2, shall not be included in the list of public benefit organization, referred to in article 2. 27A. 6b. Public benefit organization, where the fiscal year is not a calendar year, shall be included on the website of the Office, the Minister responsible for social security, approved financial report and technical report on its activities, referred to in paragraph 1. 1 and 2, within 15 days from the date of approval of the annual financial statements.

6 c. public benefit organization, which in the fiscal year for which prepares financial statements and content from their activities, achieved revenue of not more than 100 000, on the website of the Office, the Minister responsible for social security, within the period referred to in paragraph 1. 6 or in paragraph 2. 6B, the report referred to in paragraph 1. 1 and 1a, in the form of simplified reports on the merits.

6 d. Simplified technical report referred to in paragraph 1. 6 c, includes: 1) data on public benefit organizations;

2) a description of the business activities of public benefit and economic activities together with the PKD codes;

3) General information about the obtained income and expenses;

4) basic information about the: and) employment and salaries, b) members and volunteers;

5) the following information: a) obtained income from 1% income tax on individuals, (b)) how to expend funds from the 1% income tax from individuals, c) incurred administrative costs, (d)) requested by public administrations, e) using permissions, f) controls.

6E. Technical report referred to in paragraph 1. 1 and 1a, includes: 1) data on public benefit organizations;

2) specifying the statutory objectives;

3) a description of the business activities of public benefit and economic activities together with the PKD codes;

4) detailed information about the: and) employment and salaries, b) members and volunteers;

5) the following information: a) expenses and income, including 1% income tax on individuals, (b)) how to expend funds from the 1% income tax from individuals, c) requested by public administrations, d) using permissions, e) carried out public contracts, f) owned shares or shares in companies, g) foundations, which the public benefit organization is a sponsor, h) loans , and) controls, j) conducted studies of financial statements.

7. (repealed).

8. the competent Minister in charge of social security shall determine, by regulation, the pattern of the substantive report, referred to in paragraph 1. 1 and 1a, and simplified model substantive reports, referred to in paragraph 1. 6 c, guided by the need to harmonise the submitted reports.

Article. 24. [exemption from taxes and charges] 1. Public benefit organisation shall be entitled, on the principles set out in the provisions of the separate release from: 1) income tax from legal persons, 2) property tax, 3) tax on civil law transactions, 4) stamp duty, 5) court fees, in relation to the public benefit activity.

2. Public benefit organization may, on the terms specified in separate regulations, acquire specific conditions the right to use immovable property owned by the State Treasury or local government unit.

3. A non-governmental organization, which was granted the status of public benefit organization, shall meet the obligations resulting from tax exemptions, of which use before obtain the status of a public benefit organization, on the terms specified in separate regulations.

4. In case of loss by a non-governmental organisation public benefit status loses its right to use the exemptions under the ownership of that status.

5. Use, referred to in paragraph 1. 2, expires by law in case of loss of public benefit status.

Article. 25. [to make foster care] in public benefit organization may perform work routed to the person a replacement service, on the terms and in the mode specified in separate regulations.

Article. 26. [information on the activities of the Organization] public broadcasting enable organizations to public benefit free of charge information about their activities on the principles set out in legislation separate.

Article. 27. [Pass 1% income tax] 1. Taxpayer income tax from natural persons may, on the terms and in accordance with the provisions of separate, pass 1% tax computed in accordance with special provisions for public benefit organization of your choice.

2. Received by the Organization of public benefit funds derived from 1% income tax from natural persons can only be used for public benefit activities.

3. The proper Minister of public financies shall no later than 30 September each year, on the website of the Office of the Minister of public benefit organization list, containing: the name and number of the entry of the public benefit organization into the national court register, and the amount of funds received by the Organization, from 1% of income tax from individuals for the year preceding.

Article. 27. [list of public benefit organization "] 1. The competent Minister of social security of electronic leads the list of organizations with the status of public benefit organization on 30 November the tax year for which the taxpayer income tax from natural persons can pass the 1% sales tax from tax returns filed for the tax year, and no later than 15 December of the tax year shall include this list on the website of public information Bulletin.

2. the competent Minister in charge of social security maintains a list of referred to in paragraph 1. 1, to 31 December of the year following the tax year.

3. In the list referred to in paragraph 1. 1, account shall be taken of public benefit organizations: 1) that within the period carried on the website of the Office, the Minister responsible for the social security annual technical report on its activities and the annual financial report referred to in article 1. 23 paragraph 1. 1 and 2, in the year for which the tax return is lodged;

2) in respect of which there has been entered into the national court register information about the opening of the liquidation or bankruptcy.

4. the list referred to in paragraph 1. 1, in respect of each public benefit organization, includes: 1) name;

2) established;

3) number of the entry in the national court register;

4) tax identification number, if one has been assigned to your organization and entered into the national court register.

5. If you type after 30 November tax year into the national court register information about the opening of the winding-up or bankruptcy public benefit organization or, in the case of the deletion of the information referred to in article 1. 22 paragraph 1. 2, or organization referred to in article 1. 22 paragraph 1. 3, of the national court register, this is removed from the list referred to in paragraph 1. 1.6. The Minister of Justice shall provide to the Minister competent for social security information about public benefit organization, referred to in paragraph 1. 4 and 5.

7. the competent Minister in charge of social security provides to the Minister competent for the public finances, information about public benefit organization, referred to in paragraph 1. 4 and 5, that are included in the list referred to in paragraph 1. 1.8. Public benefit organisation shall be not later than 30 June of the year following the tax year enter the naczelnikowi tax authority competent according to the headquarters of this organization bank account number right to donate 1% of income tax on natural persons by filing notification or identification based on updating the provisions of the Act of 13 October 1995 on principles and identify taxpayers and payers (OJ of 2012.1314 and from 2013, item 2).

9. The provisions of paragraph 1. 8 shall not apply to organizations that notified the bank account number in previous years as competent to transfer 1% of income tax from individuals and it is up to date.


10. the competent Minister of social security, in consultation with the competent Minister of public financies and Minister of Justice, shall determine, by regulation, modes, terms and format, and data structure for the exchange of information concerning public benefit organization, referred to in paragraph 1. 4 and 5, between the Minister for social security and Minister of Justice and Minister of public financies, bearing in mind the need to ensure the smooth implementation of tasks involved in creating and running the list referred to in paragraph 1. 1, and the transfer of public benefit organisations from 1% income tax from natural persons.

Article. 27B. [liable for damage] 1. Member of the governing body, the inspection authority or supervision organization of public benefit and the liquidator of a public benefit organization responds to this Organization for damage caused to an act or omission contrary to the law or the provisions of the Statute of the public benefit organization, unless he is not at fault.

2. a member of the governing body, the inspection authority or supervision and the liquidator of a public benefit organization should in the exercise of responsibilities do care derived from the occupational nature of their business.

3. a member of the governing body, the inspection authority or supervision of public benefit organization, performing their duties, shall append the due diligence.

4. If the damage referred to in paragraph 1. 1, caused several people together, they bear responsibility jointly and severally.



Chapter 4 Supervision Article. 28. [supervision over the activities of public benefit organization "] 1. Supervision over the activities of the non-profit public benefit organization ", in respect of the powers, duties and the requirements of the article. 8-10, art. 20, art. 21, art. 23, art. 24-27 and article. 42-48, the competent minister of social security.

2. (repealed).

Article. 29. [control] 1. Public benefit organization is subject to inspection by the Minister responsible for social security in the range specified in art. 28 paragraph 1. 1.2. The competent Minister may order social security control, as well as at the request of the public administration, non-governmental organization or entities referred to in article 1. 3 paragraphs 1 and 2. 3.3. The competent Minister in charge of social security may entrust checks: 1) in consultation with the competent Minister due to the subject of activities of public interest, the Minister;

2) the Palatine.

4. Control shall carry out holders authorise the Minister responsible for social security governing controlled public benefit organisation and the legal basis to take control. In the case of entrusting controls to be carried out one of the bodies referred to in paragraph 1. 3, an authorisation in writing it seems that authority.

Article. 30. [Powers the controller] 1. Persons authorised to carry out checks shall be entitled to enter into immovable property or part thereof, that is public benefit activities, and to request oral or written explanations, present the documents or other information media, as well as share data relating to the subject matter of the inspection.

2. the controls referred to in paragraph 1. 1 shall be made in the presence of a member of the governing body or its representative or employee controlled public benefit organization ", and in the absence of these people – in the presence of that witness.

Article. 31. [Control Protocol] 1. Of inspection shall be drawn up, which shall be signed by the person carrying out the check and a member of the governing body entitled to represent the controlled public benefit organization or a person authorised by him. Denial of signature of the Protocol by the Member of the managing body of the public benefit organization or a person authorised by him requires a cause. If the signature Protocol shall be deemed to be signed on the refusal.

2. a member of the governing body entitled to represent the controlled public benefit organization or person authorized by him may, within 14 days from the date of signing the Protocol, submit a written explanation or report concerns to the contents of the report.

3. the persons carrying out the check, in the case of failure of the reservations referred to in paragraph 1. 2, shall communicate in writing the position of Member of the management body of the controlled public benefit organisations entitled to represent the organisation or person authorized by him within 14 days.

4. After completion of the inspection, taking into account the time limit referred to in paragraph 1. 3, the person carrying out the inspection shall draw up an instance of the follow-up.

Article. 32. [an instance of follow-up] instance of monitoring includes review of the facts resulting from the findings contained in the Protocol control, including a description of the established deficiencies, including the reasons for their creation, the scope, implications and those responsible for their creation, as well as the term weaknesses, not less than 30 days from the date of service instances of the inspection.

Article. 33. [powers of Minister] 1. The competent Minister of social security, after the proceedings, within 14 days, it passes the public benefit test instance. In the case of entrusting controls to be carried out, the authorities referred to in article 1. 29. 3, shall communicate to the instance of the public benefit test and the Minister competent for social security.

2. the competent Minister in charge of social security may apply to the Court for cancellation of the information referred to in article 1. 22 paragraph 1. 2, or for the deletion of the organization referred to in article 1. 22 paragraph 1. 3, of the national court register, in the case of: 1) is not remedied the deficiencies referred to in the monitoring occurs, or tax evasion to submit to an inspection by the Organization of public benefit;

2) gross breaches found in the audit, referred to in article 1. 29.3. The competent Minister in charge of social security apply to the Court for cancellation of the information referred to in article 1. 22 paragraph 1. 2, or organization referred to in article 1. 22 paragraph 1. 3, of the national court register, in the case of failure to comply with the requirements laid down respectively in article. 20 and in the article. 21, public benefit organization, established as a result of the control.

4. in the case of the deletion of the public benefit organisations or information referred to in article 1. 22 paragraph 1. 2, of the national court register, the Organization shall, within 3 months from the date of the loss of public benefit status, used for the implementation of statutory objectives financial measures from 1% of the income tax of natural persons referred to in article 1. 27 paragraph. 1.5. Funds not used in the manner and within the time limit referred to in paragraph 1. 4 non-governmental organization and the entities listed in article 1. 3 paragraphs 1 and 2. 3 paragraphs 1 and 4 shall pass immediately to the leading activities of the Office in the same or a similar field, public benefit organization designated by the Minister responsible for social security, after obtaining the opinion of the Council of public benefit Activities. Transfer of funds does not constitute in this case donations within the meaning of the rules.

Article. 33A. [other permissions] 1. The competent Minister in charge of social security: 1) in the event of a breach of the obligations referred to in article 1. 23, in particular niezamieszczenia on the website of the Office, the Minister responsible for social security within the financial statements and on the merits, or to post reports of incomplete, or of doubt as to the correctness of the activities of public benefit organization, calls on the Organization of public benefit to refrain from violations, and provide necessary explanations;

2) in the case of non-compliance with the Organization to request within 30 days of its receipt, to the Court for cancellation of the information referred to in article 1. 22 paragraph 1. 2, or organization referred to in article 1. 22 paragraph 1. 3.2. The provision of paragraph 1. 1 also applies in cases of: 1) [1] driving public collection without the required entry or nienadesłania to the Minister responsible for public administration report on the conducted public collection or reports of how the disposal of collected victims;

2) nienadesłania information about the settlement from public collection or information about received donations, referred to in the Act of 15 February 1992 on income tax from legal persons (Journal of laws of 2000, no. 54, item 654, as amended);

3) conduct:


and providing care for persons with disabilities is a 24-hour offices), chronically ill or elderly, Centre of social integration, social assistance homes, nursing-educational, regional nursing therapeutic intervention and preadopcyjnych centres referred to in the rules about supporting the system of foster care and family, and schools or public institutions referred to in the Act of 7 September 1991 on the education system (Journal of laws of 2004 No. 256 , item. 2572, as amended. d.), without permission, (b)) non-public healthcare without an entry in the register referred to in the law of 30 August 1991 on health care (Journal of laws of 2007, no. 14, item 89, as amended).

3. in the case of repeated use of grants received in accordance with the intended use established by decision of the public authorities or by a final court decision, the competent minister in charge of social security may apply to the Court for cancellation of the information referred to in article 1. 22 paragraph 1. 2, or organization referred to in article 1. 22 paragraph 1. 3. Article. 33B. [Delegation] the competent Minister in charge of social security shall determine, by regulation, the detailed conditions, manner and methods of control of public benefit organization, including authority for the inspection, taking into account the need to ensure its smooth and efficient.

Article. 34. [the application of public finance] 1. In terms of absence of this Act to the supervision and control of spending public funds shall apply mutatis mutandis the provisions of public finance.

2. the provisions of paragraphs 1 and 2. 1, art. 28 and article. 30-33b do not exclude the application of the rules governing control and supervisory powers of other bodies.



Chapter 5 public benefit Activity Council Article. 35. [public benefit Activity Council] 1. Creates a public benefit Activity Council is an advisory body-advisory the Minister responsible for social security.

2. The Council shall, in particular: 1) expressing opinions on matters relating to the application of the Act;

2) expressing opinions about the draft legislation and Government programmes, related to the operation of non-governmental organisations and public benefit activities and volunteering;

3) providing assistance and feedback in the case of disputes between the public authorities and non-governmental organisations or entities referred to in article 5. 3 paragraphs 1 and 2. 3, related to the public interest;

4) collection and analysis of information about carried out checks and their effects;

5) expressing opinions on matters of public tasks, outsourcing these tasks for execution by non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3 and recommended standards for implementation of public tasks;

6) to create, in cooperation with non-governmental organizations and entities referred to in article 5. 3 paragraphs 1 and 2. 3, provide information on the standards of public benefit activities and identified cases of violation of these standards;

7) indicating the candidates for the Member of the Council of the national health fund and the Council of the provincial branch of the National Health Fund who are appointed on the basis of and as defined in the rules about the health care benefits financed from public funds.

3. the term of Office of the Council lasts for 3 years and a member of the Council may not serve as a function for more than 2 consecutive terms.

4. The term of the expression by the Council reviews shall be 30 days from the date of notification of the draft legislation or Government programs, related to the operation of non-governmental organisations and the activities of public benefit and volunteer work. Failure to provide an opinion within the time limit means giving up the right to expression.

Article. 36. [the Council] 1. The Council consists of: 1) five representatives from the Government and the units subordinated to or supervised;

2) five representatives of local government units;

3) ten representatives of non-governmental organisations, trade unions and non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3.2. The members of the Council shall appoint and dismiss the competent minister of social security, except that vocation of the members of the Council, representing: 1) non-governmental organisations, unions and non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, followed by the candidates, each of which has the support of at least 20 non-governmental organisations or entities referred to in article 1. 3 paragraphs 1 and 2. 3, or at least 3 unions associations of non-governmental organisations or entities referred to in article 1. 3 paragraphs 1 and 2. 3;

2) the authorities of the Government Administration and units of them subordinate to or supervised by, out of those reported by those authorities and managers of such undertakings;

3) local government units, followed by out of people reported by the local government in the Joint Commission of Government and local government.

3. the competent Minister in charge of social security references a member of the Council before the expiry of the term of Office: 1) at his request;

2) at the request of the entity referred to in paragraph 1. 2, represented by the Member;

3) in the case of a conviction of a member of the Council by a final judgment for offence committed with intent;

4) If you become permanently incapable of duty of a member of the Council because of a disease found a medical decision;

5) in the case of Unexcused absence from three consecutive meetings of the Council.

Article. 37. [Council] meeting of the Council shall be convened by the Minister responsible for social security, or at the request of at least one-fourth of the number of members of the Council.

Article. 38. [powers of Council], the Council may: 1) relied on experts;

2) invite you to participate in its meetings of representatives of public administrations and non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3 unrepresented in the Council, as well as representatives of the provincial councils, district and municipal;

3) outsourced testing and development of expertise related to the implementation of its tasks.

Article. 39. [costs of the functioning of the Council] 1. Costs of the functioning of the Council related to the service, carrying out research and development expertise, as well as the participation in its meetings of experts, the members of the Council and non-members, to coincide with the parts of the budget, which the have is the competent minister for social security.

2. participation in the work of the Council and are entitled to reimbursement of travel expenses on the principles set out in the regulations issued on the basis of art. 775 § 2 of the labour code.

3. The employer is obliged to release an employee who is a member of the Council in order to participate in the meetings of the Council. For release time an employee retains the right to remuneration established according to the rules for the calculation of the cash payment for annual leave, on the basis of parts of the budget, which the have is the competent minister for social security.

Article. 40. [Delegation] the competent Minister in charge of social security shall determine by regulation: 1) mode of appointment of the members of the Council, taking into account the need to ensure the representativeness of NGOs and entities listed in the article. 3 paragraphs 1 and 2. 3, the diversity of public benefit activities and deadlines for submitting candidates for the members of the Council;

2) the organisation and mode of operation of the Council and the rules for the participation in its work the representatives of public administrations and non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3 unrepresented on the Council.

Article. 40A. [report on the activities of the Council], the Council presents the Minister competent for Social Security Affairs, at the end of his term of Office, a report on its activities.

Article. 41. [administrative and Support offices of the Council] administrative and Service-Office of the Council provides the Office supports the Minister responsible for social security.



Chapter 6 of the Provincial, district and Municipal Council of public benefit Activities Article. 41A. [Provincial Council of public benefit Activity] 1. Marshal of the joint proposal at least 50 non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, operating on the territory of the State, can create the County Council public benefit Activities, as a consultative body and opiniodawczy, hereinafter referred to as "the Council of the County".

2. The tasks of the Provincial Council in particular: 1) expressing opinions on matters relating to the functioning of non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, including cooperation programmes with non-governmental organizations and entities referred to in article 5. 3 paragraphs 1 and 2. 3;

2) expressing opinions about the draft resolutions and local laws relating to the sphere of public tasks, referred to in article 1. 4;

3) providing assistance and feedback in the case of disputes between the public authorities and non-governmental organizations and entities referred to in article 5. 3 paragraphs 1 and 2. 3;

4) expressing opinions in matters of public tasks, including outsourcing these tasks for execution by non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, and the matters recommended standards for implementation of public tasks;

5) expressing opinions on the draft strategy for the development of the province.


3. The term of the expression by the County Council reviews shall be 30 days from the date of notification of the project respectively, cooperation and project development strategy. Failure to provide an opinion within the time limit means giving up the right to expression.

4. the term of Office of the provincial Council takes 2 years.

Article. 41B. [the composition and the organisation and mode of operation of the Council] 1. The provincial Council is made up of: 1) a representative of the Governor;

2) Marshal of the representatives;

3) representatives of the Regional Council of the province;

4) representatives of non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, operating within the province.

2. representatives of non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, operating in the province, constitute at least half of the composition of the Council.

3. the members of the provincial Council appoints and dismisses the Marshal of the appointment of members of the provincial Council, representing non-governmental organisations or entities listed in the article. 3 paragraphs 1 and 2. 3, out of the candidates reported by these organizations or entities.

4. the Management Board of the province shall determine by resolution, appoint the provincial Council members, taking into account the need to ensure the representativeness of NGOs and entities listed in the article. 3 paragraphs 1 and 2. 3, in terms of legal forms and public benefit activities of these organizations and entities, as well as deadlines and how to submit candidates for the members of the Council.

5. the Marshal of references Provincial Board member before the end of the term of Office: 1) at his request;

2) at the request of the entity referred to in paragraph 1. 1 paragraphs 1 and 4;

3) in the case of a conviction the provincial Board member by a final judgment for an offence committed with intent;

4) If you become permanently unable to operate the provincial Board Member due to illness recognised medical judgment;

5) in the case of Unexcused absence from three consecutive meetings of the Council.

6. Board of will determine by resolution, the organisation and mode of operation of the provincial Council, taking into account the need to ensure the smooth functioning of the Council.

7. the Management Board of the travel costs of the members of the Council of the provincial under the conditions laid down in the legislation issued on the basis of art. 775 § 2 of the Act of 26 June 1974-labour code and the costs of studies related to the implementation of the tasks of the Council.

Article. 41 c [passing resolutions] 1. The provincial Council shall meet at the meetings.

2. The resolution of the Provincial Council are taken by a simple majority of the votes in the presence of at least half the members of the Provincial Council.

Article. 41 d [the correct application of the provisions of articles 37 and 38] To the provincial Council shall apply mutatis mutandis the provisions of article 4. 37 and 38, the powers of the Minister responsible for social security are entitled to was.

Article. 41E. [the district and Municipal Council of public benefit Activity] 1. In the district or County may be created accordingly the district or Municipal Council public benefit Activities, as a consultative body and opiniodawczy, hereinafter referred to as "the Council" or "the Municipal Council With".

2. The Council With the Municipal Council or can create the executive body of the appropriate government entities at the request of the non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, operating respectively in the county or municipality.

3. the term of the District Council and the Municipal Council takes 2 years.

Article. 41F. [the County Council and Municipal Council] District Board and Municipal Council consists of: 1) the representatives of the decision-making body, respectively, County or municipality;

2) the representatives of the Executive Body, respectively, the county or municipality;

3) representatives of non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, operating within the appropriate County or the municipality, at least half of the members.

Article. 41 g [appointment of members and the establishment of the organisation and mode of operation of the Council and County Council] Body representing, respectively, the county or municipality determines, by resolution, appoint members and the organisation and mode of operation of the Council respectively the district or Municipal Council, taking into account the need to ensure the representativeness of NGOs and entities referred to in article 1. 3 paragraphs 1 and 2. 3, time limits and how to report candidates for the members of the Council of the district or Municipal Council and the need to ensure the proper functioning of these Councils.

Article. 41 h [cooperation] Provincial Council, District Council and the Municipal Council are working together in partnership and the sovereignty of the parties, in particular through the mutual information about directions of activities.

Article. 41i. [Task District Council and Council] 1. The tasks of the Council of the district and Municipal Council in particular: 1) delivering opinions on projects development strategies accordingly counties or municipalities;

2) giving opinions on draft resolutions and local laws relating to the sphere of public tasks, referred to in article 1. 4, and cooperation with non-governmental organisations and bodies referred to in article 5. 3 paragraphs 1 and 2. 3, including cooperation programmes with non-governmental organizations and entities referred to in article 5. 3 paragraphs 1 and 2. 3;

3) expressing opinions on matters relating to the functioning of non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3;

4) providing assistance and feedback in the case of disputes between the public authorities and non-governmental organizations and entities referred to in article 5. 3 paragraphs 1 and 2. 3;

5) expressing opinions in matters of public tasks, including outsourcing these tasks for execution by non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3, and the matters recommended standards for the implementation of public tasks.

2. The term of the expression by the Council or by the Council With the municipal reviews is 14 days from the date of notification of the project respectively, cooperation and project development strategy of the county or municipality. Not-present an opinion within the time limit means giving up the right to expression.



SECTION III of the Volunteer Chapter 1 General provisions Article. 42. [Volunteering] 1. Volunteers can perform, on the principles set out in this chapter, provide for: 1) non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3 in the field of their statutory activities, in particular in respect of the activities of public benefit, with the exception of economic activities, 2) public administrations, with the exception of economic activities, 3) organizational units subordinate public authorities or supervised by those authorities, with the exception of those entities business activities, 4) of medical entities within the meaning of the provisions on medical activities in the field of medical activities performed – hereinafter referred to as "users".

2. The provisions of this chapter shall apply mutatis mutandis to the volunteers engaged in the area of the Republic of Poland to provide for international organizations, if the provisions of the international agreements provide otherwise.

3. A member of the Association may also provide, as a volunteer, on behalf of the Association, of which he is a member of.

Article. 43. [fit] Volunteer should be qualified and meet the requirements appropriate to the nature and extent of the performed services, if the obligation to have such qualifications and comply with the applicable requirements stems from separate regulations.

Article. 44. [the agreement on the implementation of benefits] 1. Provide volunteers are performed in the field, in the manner and at the time specified in the agreement with the beneficiary. The agreement should include a provision for its solution.

2. at the request of a volunteer visitor is obliged to confirm in writing the content of the agreement referred to in paragraph 1. 1, and also issue a written certificate of execution of the benefits provided by a volunteer, including the performance benefits.

3. At the request of the volunteer using may submit a written opinion on the benefits provided by the volunteer.

4. If the provision of volunteer is performed for a period longer than 30 days, the agreement should be drawn up in writing.

5. The agreements concluded between the beneficiary and volunteer in the field unregulated this Act shall apply the provisions of the Act of 23 April 1964 – Civil Code.



Chapter 2 specific provisions Art. 45. [obligations of the recipient] 1. The licensee is obliged to: 1) inform volunteers about the risk to the health and safety of the performance related benefits and of the principles of protection against risks;

2) provide a volunteer, employee rules specified in separate regulations, safe and hygienic conditions for the exercise of its benefits, including – depending on the nature of the benefits and risks associated with their implementation-the correct personal protective equipment;

3) cover, employee rules specified in separate regulations, the costs of travel and per diem.

2. The licensee may cover, for employees in accordance with separate regulations, also other necessary costs for the volunteer, associated with the performance benefits to using.


3. The licensee may cover the cost of training volunteers in the performance of their benefits laid down in the agreement referred to in article 1. 44 paragraph 1. 1.4. A volunteer may, in writing, under pain of nullity, release that uses, in whole or in part from the obligations referred to in paragraph 1. 1 paragraph 3.

Article. 46. [benefits to the volunteer] 1. A volunteer may have health benefits under the conditions laid down in the rules for health care benefits financed from public funds.

2. Volunteer is entitled to supply an accident in the performance of benefits referred to in article 1. 42, on the basis of separate provisions, subject to paragraph 2. 3.3. The volunteer who performs benefit for a period of not longer than 30 days, is obliged to provide insurance against accidents.

4. Where an agreement concluded between the beneficiary and volunteer concerns posting volunteer for service in the territory of another Member State, in whose territory it takes armed conflict, natural disaster or natural disaster, the licensee is obliged to provide volunteer accident insurance and insurance of medical costs during your stay abroad, if the cost of these does not coincide with another title, in particular on the basis of the provisions on the coordination of within the meaning of the Act of 27 August 2004 about health care benefits financed from public funds. The provisions of paragraph 1. 2 and 3 does not apply.

5. If the posting of volunteer for service in the territory of another Member State takes place under conditions other than those referred to in paragraph 1. 4, can provide volunteer accident insurance and insurance of medical costs during your stay abroad, if the cost of these does not coincide with another title, in particular on the basis of the rules on coordination, within the meaning of the Act of 27 August 2004 about health care benefits financed from public funds. The provisions of paragraph 1. 2 does not apply.

6. The licensee can provide volunteer liability insurance, in the performance of services.

Article. 47. [inform] Licensee is obliged to inform volunteers of the remedies available to him the rights and obligations obligations and ensure the availability of this information.

Article. 48. [Select volunteer in the territory of another Member State] If the agreement concluded between the beneficiary referred to in article 1. 42 paragraph 1. 1 point 2 and 3, and volunteer concerns send a volunteer to perform by the benefits in the territory of another Member State, on the basis of an international agreement binding the Republic of Poland, the volunteer is entitled to benefits and costs generally accepted in the relations of that type, unless international agreements are different.

Article. 49. [Costs borne by users] expenditure for the purposes referred to in article 1. paragraph 45. 1 and 3 and in article 3. 46 paragraph 1. 3 and 6 are: 1) the costs of Business Office of non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3 as enjoying;

2) costs, referred to in article 1. 42 paragraph 1. 1 point 2 and 3.

Article. 50. [value to provide volunteer] value to provide a volunteer is not a donation to a beneficiary within the meaning of the civil code and tax laws.

Article. 50A. [report on the application of the Act], the Council of Ministers, on the basis of the information obtained from the authorities of the Government Administration and units of local government, shows every two years to the Sejm and Senate of the Republic of Poland, a report on the application of the Act no later than 30 September of the year following the end of the reporting period.

Article. 50B. [Input as to the ownership by a public benefit status] 1. Who, acting on behalf of the non-governmental organization, the entities listed in article 1. 3 paragraphs 1 and 2. 3 or other entities that are not public benefit organisations, shall inform the authority of the public administration, the natural or legal person, an organization or entity have status, is punishable by a fine.

2. Decisions on matters referred to in paragraph 1. 1, follows in the provisions of the Act of August 24, 2001 – the code of conduct in cases of offences (OJ 2008 # 133, poz. 848, as amended).

Article. 51. (omitted).

Article. 52. (omitted).

Article. 53. [entry into force] this Act comes into force on the principles set out in a separate Act.

[1] Article. 33A paragraph. 2 paragraph 1 shall be inserted to be fixed by the article. 39 of the law of 14 March 2014. of the rules of conducting public collections (OJ. 498). The change came into force 18 July 2014.

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