Friday, October 30, 2015

Draft charity law Government ban assessed donation task no qualified individuals

Draft charity law: Government ban assessed donation task, no qualified individuals banned public collection

The draft law provides that charitable organizations should be open to the public in a timely manner to collect donations and charitable operations of charities information shall be true, complete, and timely, there shall be no false record, misleading statement. China Visual information

Ten years of brewing the Charities Act (draft) (hereinafter referred to as the draft) on the legislative fast track, in the afternoon of October 30, drew attention to the 12 session of the national people's Congress Standing Committee's 17th meeting.

For charitable organizations condemned not transparency, the provisions of the draft, charity organizations should be open to the public in a timely manner to collect donations and charity operations, charity information shall be true, complete, timely, and may not have any false record, misleading statement. Public donations or charitable program period of more than six months, you should at least open once every three months.

Charitable organization for violation of information disclosure obligations, the provisions of the draft, has illegally obtained, the civil affairs departments to be collected, donation to the charitable organization purpose of the same or similar, and can be directly responsible for the charge and the other persons and impose a fine in serious cases, revocation of registration certificates.

Set up charitable organizations apply only to civil affairs departments to register

Early in 2005, the Ministry of Civil Affairs has drafted the law on charity to promote legislative proposals put forward, and two years later, the Ministry of Civil Affairs to complete the draft. After several modifications, Ministry of Civil Affairs, at the end of 2008 draft will be submitted to the State Council Legislative Affairs Office, but because of the definition of charity is not a consensus, social differences, the Bill could not be successfully submitted to the national people's Congress for deliberation. Until November 2013, the Charities Act was included in the first project of such legislation.

The deliberation of the draft law includes general principles, charity, charity, charity donations, charitable trusts, charitable services, information, promotion, supervision and management, legal responsibilities and by-laws, has 11 chapters, 115.

On the definition of charity, "little charity" and "big charity". "Small charities" refers to the poverty relief response, "big charity" means also include the promotion of education, science, culture, health and sports development, environmental protection and so on, as long as activities in favour of the public interest belonging to the charity.

The draft law on the definition of charity to "big charity". Is responsible for the drafting of the draft the NPC internal and Judicial Affairs Committee considers that this definition as philanthropic activities focused on poverty relief, and for further development of the charity to expand space, consistent with the trends of international charities.

With dual management of different social organizations, the provisions of the draft, established a charitable organization registered with the Government civil affairs departments above the county level to apply for home departments shall, from the date of acceptance of the application the decision whether or not to grant registration in the 30th, registration, and to state the reason in writing.

No public subscription eligible individuals may not engage in fundraising

Charity is inseparable from the charity to the healthy development of specifications, information disclosure is an important measure to regulate charitable behavior. The draft law in the form of a chapter, and requests the authorities and charitable organization information must be made public.

The provisions of the draft, charity information shall be true, complete, timely, and may not have any false record, misleading statement information.

The draft also distinguish between different fund-raising situation, clearly defined object, content and procedures for information disclosure. Such as the 76th article: charitable organizations shall promptly disclose to the public donations and charitable projects in operation. A public subscription periods greater than six months, or at least open a fund-raising situation every three months, open within three months after the end of the Fund-raising should be comprehensive public collection conditions. Charity project operation period of more than six months, at least publicly once every three months of operation, within three months after the end of the project should be fully open project operation and raise money and property usage.

Charity is the main source of charitable property, the draft also distinguish between different fundraising, fundraising provides for qualification, and so on. If does not have a public subscription eligibility organizations or individuals shall not take public donations through public subscription, but can be a public subscription qualified charitable organizations to carry out a public subscription, raised by public subscription of qualified charitable organizations.

Regulators may not be assessed or assessed in disguise donation task

In the chapter on liability, the draft law on charitable activities in violation of the law, distinguish between different situations, separately given regulations.

Draft provides, charity organization if violation information public obligations, and not according to provides for annual report, and unauthorized public fundraising, and unauthorized change donation property uses and privately, and misappropriated or occupation charity property, case, has illegal proceeds of, by home sector be collection, donation to purposes same or similar of charity organization, and can on directly is responsible for of competent personnel and other directly responsibility personnel sentenced fine; plot serious of, revoked registration certificate; constitute crime of, law held penalty accountability.

Obtaining property by bogus charitable phenomena existing in the community, the provisions of the draft, natural persons, legal persons or other organizations in obtaining property by bogus charitable, by public security organs in accordance with the investigation constitutes a crime, be investigated for criminal responsibility according to law. Household registration system reform programme

The draft also provides for regulatory and legal responsibility of the staff of. As violation information public obligations; assessed or disguised assessed donation task, forced specified volunteers, and charity organization provides service; not perform on charity activities regulatory duties; privately, and misappropriated or occupation charity property and other abuse, and negligence, and engages in behavior of, by superior organ or monitored organ ordered corrected; should give disposition of, by appointment organ or monitored organ on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; constitute crime of, law held penalty accountability.

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