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Is it illegal for an individual organization to raise funds?

Just have a formal certificate!

The "Measures for the Management of Disaster Relief Donations" issued by the Ministry of Civil Affairs in April 2008 clearly stipulates that the civil affairs departments of people's governments at or above the county level shall accept disaster relief donations, and may designate social donation receiving institutions and public welfare non-governmental organizations with disaster relief purposes based on work needs to implement them.

Generally, formal donation activities adhere to the principles of voluntariness, free of charge, and within one's ability. Civil affairs departments at or above the county level are designated to specifically organize the implementation and accept donations.

The Municipal Charity Federation is responsible for receiving donations from municipal units and issuing acceptance procedures. No other units or individuals are allowed to accept donations, let alone come to collect donations by force.

The Civil Affairs Bureau hopes and encourages the general public to actively participate in the "send warmth and love" social donation activities. In terms of illegal fundraising, it encourages citizens to promptly report to the civil affairs department if they find that they have taken the opportunity to set up false accounts to defraud money or forcefully raise donations.

Personal help-seeking behavior does not belong to public fundraising: Deputy Secretary-General of Narada Charity Foundation From the perspective of the foundation, only public foundations or public charity organizations equivalent to the management of public foundations have the qualifications for public fundraising, and individuals definitely do not have the qualifications for public fundraising.

Regarding public fundraising activities, according to legal provisions, firstly, the "Foundation Management Regulations" allow public foundations to raise funds from the public within their purpose and business scope; secondly, when an incident occurs that is consistent with the launch of the second-level response (inclusive) of the national natural disaster relief emergency plan,

In the event of a disaster, the civil affairs department may, depending on the circumstances, apply to the State Council for approval before initiating social donations.

Zhang Shangwu's disclosure of his account and accepting remittances from the public are not fund-raising activities stipulated in the "Public Welfare Donation Law" and can be defined as a private donation.

There is no legal basis for other entities to raise funds from the public.

Similarly, there are many behaviors of raising funds for oneself in real life, such as sending letters of help online to raise money for one's children. If others are willing to give money, it should be a private donation, which is a nature.

The other is to raise funds for others. Raising funds for others online is a behavior similar to public fundraising. You have to explain to others who you are raising funds for and where the raised funds will be used. In fact, it is similar to the public fundraising behavior of many organizations.

From the perspective of donors, this cannot be done. Since there is no supervision and no transparency, problems can easily arise.

Therefore, for fundraising activities, you must first have fundraising qualifications, and then go to the relevant departments to apply for approval. This includes clear instructions on when, where, what fundraising activities will be performed, and how the raised funds will be used.

In addition, the nature of begging and personal help-seeking behavior is different from that of fundraising, and it is also different from the fundraising of public fundraising organizations.

There are no relevant laws and regulations at the national level regarding how public offerings should be conducted, but local efforts in Jiangsu have already begun.

For example, the "Regulations on the Promotion of Charity in Jiangsu Province" which came into effect on May 1, 2010, clearly stipulates that there are three categories of charitable entities: one is charitable organizations, and the other is organizations that can carry out charitable fundraising activities according to laws and administrative regulations.

The third is units or individuals that carry out mutual aid fundraising activities within a specific scope of their own unit or community in order to help specific targets.

my country's first charity law is submitted for review. Individuals are not allowed to directly raise funds online: On October 30, 2015, the "Charity Law of the People's Republic of China (Draft)" was submitted to the Standing Committee of the National People's Congress for review for the first time.

Since the Ministry of Civil Affairs put forward legislative proposals in 2005, my country's first specialized law in the field of charity, the "Ten Years of Pregnancy", has finally been submitted for review.

The draft stipulates that March 5th every year will be "China Charity Day".

On that day, the draft of the Film Industry Promotion Law was submitted to the Standing Committee of the National People's Congress for review for the first time.

The draft charity law basically liberalizes the qualifications for public fundraising.

1. Who is qualified to carry out fund-raising? The draft stipulates that charitable organizations can conduct non-public fund-raising from specific targets from the date of registration.

Charitable organizations that have been legally registered for two years and operate in a standardized manner can apply for a public fundraising qualification certificate from the civil affairs department where they were originally registered.

Interpretation: Jin Jinping, director of the Nonprofit Organization Law Research Center at Peking University Law School, believes that charitable organizations have changed from identification at the time of registration to public fundraising qualifications after operating for a certain number of years and meeting certain conditions, which means that charitable resources will be through healthy competition.

Make a more reasonable configuration.

"The power of public fundraising is only in the hands of a few organizations, which is equivalent to a near-monopoly power. If other organizations want to raise money from the public, they have to go to them to affiliate funds and pay management fees, which is very unfair." Deputy Secretary of China Lingshan Charity Promotion Association

The mayor said that the draft's basic liberalization of public fundraising rights can be said to be a wise move in line with the times.

2. Can individuals initiate fund-raising online? The draft stipulates that organizations or individuals that are not qualified for public fund-raising are not allowed to conduct public fund-raising through public fund-raising.

Interpretation: According to the current draft, individuals are not allowed to directly conduct fundraising activities on the Internet.

"This is mainly due to the problems faced by natural persons when conducting online fundraising. For example, it is difficult to distinguish the authenticity of information, such as the definition of the nature of funds. Will the donation be considered private property after it reaches the personal account? This will involve issues such as the ownership of the remaining property." At present, it has

There have been cases of disputes between donors and recipients caused by personal online fundraising.

However, he also stated that it is still necessary to distinguish between personal seeking help on the Internet and personal online fundraising. Of course, everyone should have the right to seek help through the Internet.