Article 1 In order to fully explore and utilize social resources and overseas Chinese resources, actively raise donations, and make contributions to building a harmonious society, these administrative measures are formulated in accordance with the Law of People's Republic of China (PRC) Municipality on Public Welfare Donation, the Regulations on Foundation Management, the Articles of Association of the Overseas Chinese Public Welfare Foundation of China (hereinafter referred to as the Articles of Association) and relevant regulations.
Article 2 A Special Fund refers to a special fund established by a donor unit or donor under the basic account of the Overseas Chinese Public Welfare Foundation of China (hereinafter referred to as the Overseas Chinese Foundation) to support charitable causes, which is earmarked according to the wishes of the donor and managed in accordance with these Measures.
Chapter II Establishment of Funds
Article 3 The special funds of the Overseas Chinese Foundation are divided into transfer funds and fixed funds. Activities funded by the fund can be paid directly from the client; The activities funded by the fund can only be spent from the value-added income of the fund.
Article 4 The Overseas Chinese Foundation may, according to law, raise funds from enterprises, organizations and individuals at home and abroad who care about and support charitable causes, and set up various forms of special funds.
Article 5 If the donation unit or donor donates more than 1 10,000 yuan, a special fund may be set up. The special fund can be named according to the purpose, and can also be named according to the name of the unit or individual.
Article 6 Before the establishment of a special fund, the Overseas Chinese Foundation shall sign a donation agreement with the donor unit or donor. The agreement shall include the following main contents:
1, the amount of donated special funds;
2. Donors or donors' donation intentions;
3. Other matters that need to be agreed.
Article 7 The procedure for setting up a special fund is as follows: signing a donation agreement-setting up a special fund (the donation unit's funds are remitted to the account of the Overseas Chinese Foundation)-announcing the use of the fund to the public through the media-signing an agreement on the use of the special fund of the Overseas Chinese Foundation-and reporting it to the Ministry of Civil Affairs for the record.
Article 8 After the special fund is donated to the account, the Overseas Chinese Foundation shall perform the following obligations:
1. Issue official donation receipts to all donation units or donors;
2. Issue donation certificates and donation commemorative cards to donation units or donors;
3 regularly announce the use of funds to donors and accept social supervision;
4. Establish corresponding special fund management institutions;
5. Fully respect the wishes and reasonable requirements of the donor unit or donor;
6. Use special funds according to the business scope stipulated in the donation agreement and articles of association.
Article 9 The Overseas Chinese Foundation shall sign the Agreement on the Use of Special Funds of the Overseas Chinese Foundation with the donor unit or donor. The agreement shall include the following main contents:
1, the donation amount and the name of the special fund;
2, the donor or donor's donation intention and management, use requirements;
3. The extraction ratio of management expenses;
4. Members of special fund management institutions;
5. Other matters that need to be agreed.
Chapter III Management Organization
Article 10 After the donation of special funds, a special fund management committee (hereinafter referred to as the CMC) shall be established. The management committee is composed of representatives of overseas Chinese foundations, donation units or donors, and has an office, which is responsible for the daily management and funding of special funds.
Article 11 The special fund management committee consists of a director, an executive deputy director, an executive deputy director and members, with no more than 7 members in principle. The specific number and composition should be specifically agreed by donors and recipients. All members have equal voting rights.
Twelfth main responsibilities of the CMC:
1. Ensure that the use of special funds and funded projects conforms to the relevant national policies and the articles of association of Overseas Chinese Foundation and the purpose of special funds;
2. Review and approve the activity arrangement, fund plan and work report submitted by the Office of the Special Fund Management Committee;
3, arrange the annual financial audit of special funds.
Thirteenth special fund management committee meeting is held from time to time, the meeting is convened by the director of the management committee, and a resolution can be formed only when more than two thirds of the members of the management committee are present.
Fourteenth special funds according to the actual needs of the work, you can hire someone to hold the honorary position of its special fund.
Chapter IV Utilization of Funds
Fifteenth CMC can according to the needs of society, after obtaining the consent of the donor unit or donor, determine the content of activities and funded projects, and seriously organize the implementation.
Sixteenth special funds must meet the following conditions:
1, which is in line with the purpose and business scope of Overseas Chinese Foundation;
2, in line with the donor and the recipient signed a special fund use agreement;
3, in line with the resolution of the special fund management committee.
Article 17 After the activities and projects funded by the special fund are examined and approved by the Overseas Chinese Foundation, the specific organization and implementation shall be organized and implemented by the Overseas Chinese Foundation, the authorized special fund office or the donation unit, and the Overseas Chinese Foundation shall supervise the whole process.
Chapter V Fund Management
Eighteenth according to the relevant provisions of the "Regulations on the Administration of Foundations" in the State Council, the annual expenditure for engaging in public welfare and charity as stipulated in the articles of association shall not be less than 70% of the total income of the previous year. The publicity and management expenses of public welfare projects shall not exceed 10% of the total expenditure of the year.
Nineteenth special funds to set up a special detailed account, separate accounting, to avoid confusion with other donations. At the end of each year, the Overseas Chinese Foundation informs the donors of the fund balance.
Twentieth Overseas Chinese Foundation to implement dynamic management of special funds, after each use, timely accounting of the balance of funds. Donors can supervise and manage the management of special funds and other related work.
Twenty-first overseas Chinese Foundation's special fund management fees can be directly extracted from the donated funds, or can be donated by donors. The extraction ratio of management fees shall be confirmed by the donors and recipients after consultation, and shall not be higher than 10% in principle.
Twenty-second according to the relevant provisions of the state, under the premise of safety, legality and effectiveness, special funds can increase their income by maintaining and increasing the value of banks or other means.
Twenty-third Overseas Chinese Foundation shall hire an accounting firm with good credit to audit the special fund every year and publish the audit report.
Chapter VI Supplementary Provisions
Twenty-fourth members of the CMC, staff and other relevant personnel are strictly prohibited from obtaining benefits from the operation of the fund.
Twenty-fifth members of the CMC have the right to supervise the management of special funds and project implementation, and put forward reasonable suggestions.
Article 26 The reputation and rights and interests of the special fund of the Overseas Chinese Foundation shall not be infringed upon by anyone.
Article 27 These Measures shall be implemented after being approved by the Council of Overseas Chinese Foundation.