Chapter 1 General Provisions Article 1 This law is enacted in order to encourage donations, regulate the behavior of donations and recipients, protect the legitimate rights and interests of donors, recipients and beneficiaries, and promote the development of public welfare undertakings.
Article 2 This Law shall apply when natural persons, legal persons or other organizations voluntarily donate property free of charge to public welfare social groups and public welfare non-profit institutions established in accordance with the law for public welfare undertakings.
Article 3 The term “public welfare undertakings” as used in this Law refers to the following non-profit matters: (1) activities of disaster relief, poverty relief, and assistance to disabled social groups and individuals in need; (2) education, science, culture, health,
Sports; (3) Environmental protection and construction of social welfare facilities; (4) Other social welfare and welfare undertakings that promote social development and progress.
Article 4 Donations should be voluntary and free of charge. Forced apportionment or disguised apportionment is prohibited, and no profit-making activities are allowed in the name of donation.
Article 5 The use of donated property shall respect the wishes of the donor and conform to public welfare purposes, and the donated property shall not be misappropriated for other purposes.
Article 6 Donations must abide by laws and regulations, and must not violate social ethics or harm the interests of the public and the legitimate rights and interests of other citizens.
Article 7 Donated properties and their value-added properties to public welfare social groups are public property and are protected by state law. No unit or individual may appropriate, misappropriate or damage them.
Article 8: The state encourages the development of public welfare undertakings and provides support and preferential treatment to public welfare social groups and public welfare and non-profit institutions.
The state encourages natural persons, legal persons or other organizations to make donations to public welfare undertakings.
Natural persons, legal persons or other organizations that have made outstanding contributions to public welfare donations shall be commended by the people's government or relevant departments.
When publicly commending a donor, the donor's opinions must be sought in advance.
Chapter 2 Donations and Donations Article 9 Natural persons, legal persons or other organizations may choose public welfare social groups and public welfare non-profit institutions that meet their donation wishes to make donations.
Donated property should be legal property that the person has the right to dispose of.
Article 10 Public welfare social groups and public welfare non-profit institutions may accept donations in accordance with this law.
The term "public welfare social groups" as used in this Law refers to foundations, charitable organizations and other social groups established in accordance with the law for the purpose of developing public welfare undertakings.
The term "public welfare and non-profit institutions" as used in this Law refers to educational institutions, scientific research institutions, medical and health institutions, social welfare cultural institutions, and social welfare institutions that are established in accordance with the law and are engaged in public welfare undertakings and are not for profit.
*Sports institutions and social welfare institutions, etc.
Article 11 When a natural disaster occurs or when an overseas donor requires the people's government at or above the county level and its departments to be the recipient, the people's government at or above the county level and its departments may accept the donation and manage the donated property in accordance with the relevant provisions of this Law.
To manage.
The people's governments at or above the county level and their departments may transfer the donated property to public welfare social groups or public welfare non-profit institutions; they may also distribute or establish public welfare undertakings according to the wishes of the donors, but they shall not be the beneficiaries.
Article 12 The donor may enter into a donation agreement with the donee regarding the type, quality, quantity and purpose of the donated property.
Donors have the right to decide the amount, purpose and method of donation.
The donor shall perform the donation agreement in accordance with the law and transfer the donated property to the recipient in accordance with the time limit and method stipulated in the donation agreement.
Article 13 When a donor donates property to build a public welfare project, he shall enter into a donation agreement with the recipient to make an agreement on the funding, construction, management and use of the project.
For donated public welfare projects, the recipient unit shall handle the project approval procedures in accordance with relevant national regulations and organize the construction, or the recipient and the donor may jointly organize the construction.
Project quality should comply with national quality standards.
After the donated public welfare project is completed, the recipient unit shall notify the donor of the project construction, use of construction funds, and project quality acceptance.
Article 14 Donors may leave a name to commemorate the donated public welfare projects; for projects donated solely by the donor or projects mainly funded by the donor, the name of the project may be proposed by the donor and reported to the county level or above.
Approved by the People's Government.
Article 15 For property donated by overseas donors, the donee shall go through the entry formalities in accordance with the relevant national regulations; for donated items subject to license management, the donee shall go through the license application procedures in accordance with the relevant national regulations, and the customs will inspect the items based on the license.
Release and supervision.
If overseas Chinese donate to the territory, the overseas Chinese affairs department of the people's government at or above the county level can assist in the relevant entry procedures and provide assistance to the donor in implementing the donation project.
Chapter 3 Use and Management of Donated Property Article 16 After accepting the donation, the donee shall issue a legal and valid receipt to the donor, register the donated property, and keep it properly.
Article 17: Public welfare social organizations shall use donated properties to fund activities and undertakings that are consistent with their purposes.
Donated properties accepted for disaster relief should be used in timely relief activities.
The amount of funds used by the foundation to support public welfare undertakings every year shall not be less than the proportion prescribed by the state.
Public welfare social groups should strictly abide by relevant national regulations and actively maintain and increase the value of donated property in accordance with the principles of legality, safety and effectiveness.