(1) Establish a standardized internal governance structure in accordance with laws, regulations and articles of association, so that the board of directors can make effective decisions, and the positions of responsible persons are in compliance with relevant regulations, and the board members and responsible persons are diligent, honest and trustworthy;
(2) No more than one-third of the members of the board of directors come from the same institution and institutions with related relationships with each other, and those with close relatives do not serve on the board of directors at the same time;
(3) No more than one third of the board members are from Chinese mainland, and the legal representative is from Chinese mainland;
(4) The Secretary-General shall be full-time, the chairman (president) and the Secretary-General shall not be concurrently held by the same person, and there shall be full-time staff suitable for the activities of this charity organization;
(5) A charitable organization registered with the civil affairs department of the people's government at or above the provincial level has a board of supervisors consisting of three or more supervisors;
(6) Handling tax registration in accordance with the law and fulfilling tax obligations;
(seven) to participate in the evaluation of social organizations in accordance with the regulations, and the evaluation result is more than 3 years;
(eight) the application is not included in the abnormal list;
(nine) two years before applying for the qualification of public fundraising, it has not been subject to administrative punishment for violating the relevant laws and regulations of social organizations, and has not violated other laws and regulations and national policies.
Non-public fundraising foundations established before the promulgation of the Charity Law and social organizations with pre-tax deduction qualifications for public welfare donations can apply for public fundraising qualifications if they have been registered for two years and are recognized as charitable organizations. Article 6 To apply for the qualification of public fundraising, a charitable organization shall submit the following materials to the civil affairs department of its place of registration:
(1) An application, including a specific explanation and written commitment that the organization meets the requirements of Article 5;
(two) the financial audit report issued by the certified public accountant for the two years before the application, including the special audit of the annual charity expenditure and the annual management expenses;
(3) Minutes of the meeting of the Council on applying for the qualification of public fundraising.
A charitable organization with a competent business unit shall also submit certification materials approved by the competent business unit.
Charitable organizations with an evaluation grade of 4A or above are exempt from submitting the materials specified in items 2 and 3 of the first paragraph. Seventh civil affairs departments shall, after receiving all valid materials, conduct an audit according to law.
If the situation is complicated, the civil affairs department may solicit opinions from the relevant departments or listen to opinions through demonstration meetings, hearings and other forms, or organize field visits as needed. Eighth civil affairs departments shall make a decision within twenty days from the date of acceptance. To issue public fundraising qualification certificates to eligible charitable organizations; Do not meet the conditions, shall not issue a public fundraising qualification certificate, and explain the reasons in writing. Article 9 A public offering foundation registered and established before the promulgation of the Charity Law shall apply to the registered civil affairs department for a public fundraising qualification certificate with a registration certificate indicating the nature of charitable organizations. Article 10 To carry out public fund-raising activities, a fund-raising plan shall be formulated according to law. The fundraising plan includes the purpose of fundraising, the starting and ending time and area, the name and office address of the person in charge of the activity, the way of accepting the donation, the bank account, the beneficiary, the purpose of the fundraising, the fundraising expenses, and the disposal of the remaining property. Eleventh charitable organizations shall submit the fundraising plan to the registered civil affairs department for the record ten days before the public fundraising activities. If the materials are complete, the civil affairs department shall immediately accept and publicly put on record; If the fundraising plan is incomplete, it shall immediately inform the charity organization, and the charity organization shall make corrections to the registered civil affairs department within 10 days.
Public fund-raising activities carried out for the same fund-raising purpose can be combined for the record. In the process of public fund-raising, if the relevant matters of the fund-raising plan are changed, the charity organization shall make corrections and explain the reasons within 10 days from the date of change.
A charitable organization with a competent business unit shall also submit a fundraising plan to the competent business unit at the same time.
To carry out public fund-raising activities, involving public security, public order, fire control and other matters, it should also go through the examination and approval procedures in accordance with other relevant regulations. Article 12 In order to cope with major natural disasters, accidents, public health emergencies and other emergencies, charitable organizations cannot go through the filing procedures for fundraising plans before conducting public fundraising activities, but should go through the filing procedures within 10 days after the start of public fundraising activities. Article 13 If a charitable organization conducts public fund-raising activities in the way of Items 1 and 2 of Paragraph 1 of Article 23 of the Charity Law outside the jurisdiction of its registered civil affairs department, it shall, in addition to filing with its registered civil affairs department, also file with the civil affairs department of the county-level people's government where it conducts public fund-raising activities ten days before it conducts public fund-raising activities, and submit a fund-raising plan. A copy of the qualification certificate for public fundraising and a statement that it is really necessary to carry out public fundraising activities in the local area.