The Charity Law was approved by the National People's Congress on the 16th and will come into effect on September 1st this year.

Kan Ke, deputy leader of the bill group of the Secretariat of the Fourth Session of the 12th National People's Congress, was recently interviewed by a reporter from the People's Daily and answered reporters' questions on hot issues.

Kan Ke said that one of the considerations in the legislation is to make it more convenient for people who want to do good deeds; this law is more about guiding charitable activities to be done through charitable organizations; personal seeking help is not a charitable act regulated by the Charity Law; charity for everyone

You can do it, but it is best to use your own money to do good deeds. The law prohibits individuals from soliciting donations.

1. How to understand the charitable activities stipulated in the Charity Law?

Who can carry out charitable activities?

Kan Ke: Charity law does not define charity.

Article 3 stipulates that six aspects of public welfare activities are charitable activities.

From the perspective of donating property and providing services, activities carried out by mainland residents, compatriots from Hong Kong, Macao and Taiwan, and foreigners that comply with the provisions of Article 3 of this Law are charitable activities.

At the same time, in accordance with the provisions of Article 8, the beneficiaries of charitable activities carried out by charitable organizations are "oriented to society."

The four words "socially oriented" were added during the deliberation process and should be given sufficient attention. It has its own specific meaning: converting the scholar's academic term "not specific to the majority of the population" into the legal language "socially oriented".

".

According to Articles 3 and 8, it can be determined whether a specific activity is a charitable activity.

2. What do you think of Article 60’s provisions on the “annual management expense ratio” of charitable organizations?

Kan Ke: Article 60 of the Charity Law stipulates that the "annual management expenses of a foundation with public fundraising qualifications shall not exceed 10% of the total expenditure of the year."

The standards for determining the expenditures and administrative expenses of charitable organizations for carrying out charitable activities must not only be conducive to promoting the standardized operation of charitable organizations, but also be realistic.

According to research and calculations: foundations with strong property-raising capabilities and large scale can meet the requirements of the State Council's "Foundation Management Regulations" that the annual management expenses of public foundations shall not exceed 10% of the total expenditure of the year; small-scale foundations must meet

There are still certain difficulties if the management fee does not exceed the 10% standard.

The 10% management fee standard stipulated by law is actually only stipulated for a small number of public foundations, and is not stipulated for foundations that specifically raise funds and materials.

During a survey in Beijing, we learned that there are 378 foundations registered in Beijing, including 41 public foundations. Public foundations account for a little more than 10% of the total public and private foundations in Beijing.

There are 64 registered foundations in Tianjin, including 20 public foundations and less than 1/3 of them.

The law stipulates that charitable organizations can take the form of foundations, social groups, social service agencies, etc. If calculated in this way, even if calculated from a large proportion, it only accounts for 1/6 of these three types of organizations.

If we take a closer look, public foundations account for a very small proportion of the total number of foundations.

3. How are the regulations on the treatment of staff of charitable organizations considered?

Kan Ke: Article 60 establishes two principles: First, "full and efficient use of charitable property" requires charitable organizations to use social public funds to the areas and places where they are needed in a timely manner, and not to accumulate too much;

The second is to "follow the most necessary principle of management expenses." Since the property of a charitable organization is not created by itself, unnecessary expenses must be minimized according to the charter and purpose of the charitable organization.

The staff of charitable organizations are different from for-profit organizations and enterprises. The salary standards for their staff cannot be high. The current regulations are that they should not exceed twice the local average salary level.

4. If an individual encounters difficulties, can he still seek help?

Kan Ke: The law does not prohibit individuals from asking for help. This law does not prohibit individuals, family members or close relatives from seeking help from the society when they encounter difficulties.

However, this law clearly stipulates that individual fundraising activities cannot be carried out by organizations and individuals that do not have public fundraising qualifications, and fundraising activities must be carried out by charitable organizations.

5. What is the difference between personal help-seeking and personal fundraising?

Kan Ke: Personal seeking help is when an individual encounters difficulties and seeks help from the society. It refers to asking for help for himself, family members or close relatives, such as sending a WeChat request for help.

Raising money for yourself is not charity. In the words of ordinary people (603883, stock bar), it is called begging.

For example, when I encounter difficulties, I write a piece of paper and put it on the road to ask kind-hearted people passing by to help me.

In fact, the meaning is the same, but now it can be done through the Internet. The essence has not changed, it is for yourself.

Personal fundraising is to raise money and materials for people who are not relatives or friends, and is not allowed by law.

This law is more about guiding charitable activities to be carried out through charitable organizations. Charitable organizations are organizations established in accordance with the law and are managed by the government. They are required to have a sound internal governance structure, standardized operations, and disclose relevant information to the society.

There are great risks in personal fundraising, and without the involvement of a third party, it is not enough for people to fully trust.

6. If individual fundraising is not allowed, is there any guarantee on the matching mechanism?

Kan Ke: When disadvantaged groups encounter difficulties, it is first of all the responsibility of the government. We have a social assistance system, a minimum living security system, critical illness medical insurance, etc.

The existence of charitable organizations does not mean that the government has to reduce its responsibilities.

Charitable assets are now too small, around 100 billion yuan a year.