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How long should charitable organizations be open to the public?
Measures for the administration of public fundraising by charitable organizations

Article 1 These Measures are formulated in accordance with the Charity Law of the People's Republic of China (hereinafter referred to as the Charity Law) for the purpose of regulating charitable organizations to carry out public fundraising.

Article 2 These Measures shall apply to the qualifications of charitable organizations for public fundraising and the management of public fundraising activities.

Article 3 A charitable organization that has obtained the qualification of public fundraising according to law may make public fundraising for the society. Organizations and individuals that do not have the qualifications for public fundraising may not carry out public fundraising.

Article 4 The civil affairs departments of the people's governments at or above the county level shall supervise and manage the public fundraising qualifications and public fundraising activities of charitable organizations registered by them according to law, and supervise and manage related activities involving public fundraising within their respective administrative areas.

Article 5 A social organization that has been legally registered or recognized as a charitable organization for two years shall meet the following conditions when applying for the qualification of public fundraising:

(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 fundraising activities, if the relevant matters of the fundraising plan are changed, the charity organization shall make corrections to the registered civil affairs department within 10 days from the date of change and explain the reasons.

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.

Fourteenth charitable organizations to carry out public fund-raising activities, should be in accordance with the purpose and scope of business specified in the articles of association, to determine a clear purpose of fund-raising and donated property use plan; Should perform the necessary internal decision-making procedures; The account of the organization shall be used, and the accounts of individuals and other organizations shall not be used; A public fundraising information file shall be established, which shall be properly kept for easy reference.

Fifteenth charitable organizations to carry out public fundraising activities, should be at the scene of the fundraising activities or fundraising activities in a prominent position, announced the name of the organization, public fundraising qualification certificate, fundraising plan, contact information, fundraising information query.

Article 16 A charity organization that conducts public fundraising activities through the Internet shall publish public fundraising information on a unified or designated charity information platform of the Ministry of Civil Affairs, or publish public fundraising information on online platforms such as portals opened in the name of charitable organizations, official Weibo, official WeChat, and mobile clients.

Seventeenth qualified charitable organizations and organizations or individuals who are not qualified to carry out public fundraising activities shall sign a written agreement according to law and use the name of qualified charitable organizations to carry out public fundraising activities; All the income and expenses of fund-raising activities are included in the accounts of charitable organizations, which conduct unified financial accounting and management and bear legal responsibilities.

Article 18 When establishing emergency relief charitable projects and conducting public fund-raising activities, charitable organizations shall adhere to the principles of openness, fairness and impartiality, reasonably determine the standards of assistance, supervise the beneficiaries to cherish charitable donations, and rationally use donated property in accordance with the provisions of the fund-raising plan.

Nineteenth charitable organizations should strengthen the management of donated property raised and use the donated property in accordance with laws, regulations, articles of association and fundraising plans. If it is really necessary to change the use of donated property as stipulated in the fundraising plan, it shall convene a Council for deliberation, report it to the civil affairs department at the place of registration for the record, and announce it to the public.

Twentieth charitable organizations shall, in accordance with the relevant provisions, regularly announce to the public the situation of public fundraising and the implementation of charitable projects.

Twenty-first charitable organizations with public fundraising qualifications are under any of the following circumstances, which shall be included in the list of abnormal activities by the registered civil affairs department and announced to the public:

Does not meet the conditions stipulated in Article 5 of these Measures;

(2) Failing to carry out public fundraising activities for six consecutive months.

Article 22 If a charitable organization is disqualified from public fundraising according to law, it shall immediately stop public fundraising activities and make relevant information public.

Under any of the circumstances specified in the preceding paragraph, the civil affairs department shall make an announcement to the public in a timely manner.

Twenty-third charitable organizations in any of the following circumstances, the civil affairs department can give a warning, ordered to make corrections within a time limit:

(1) Forging, altering, leasing or lending the qualification certificate of public fundraising;

(two) not in accordance with the measures for the record;

(3) Failing to make donations in accordance with the time, time limit, geographical scope and methods specified in the donation plan;

(four) to carry out public fund-raising, and not to announce the information of fund-raising activities at the scene of fund-raising activities or in a prominent position on the carrier of fund-raising activities;

(five) the donated property obtained by public fundraising is not included in the unified accounting and account management of charitable organizations;

(six) other violations of these measures.

Twenty-fourth public fundraising qualification certificate, public fundraising scheme model and other format texts shall be uniformly formulated by the Ministry of Civil Affairs.

Article 25 The Ministry of Civil Affairs shall be responsible for the interpretation of these Measures.

Article 26 These Measures shall come into force on September 1 day, 2065.