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(decree number. Ministry of Civil Affairs 19, released on February 30th 1999)

Chapter I General Provisions

Article 1 In order to strengthen the management of social welfare institutions and promote the healthy development of social welfare undertakings, these Measures are formulated in accordance with relevant laws.

Article 2 The term "social welfare institutions" as mentioned in these Measures refers to institutions organized by the state, social organizations and individuals to provide maintenance, rehabilitation and trusteeship services for the elderly, the disabled, orphans and abandoned babies.

Article 3 Social welfare institutions shall abide by national laws, regulations and policies, adhere to the nature of social welfare, and safeguard the legitimate rights and interests of clients.

Fourth social welfare institutions enjoy the relevant preferential policies of the state.

Fifth the State Council Civil Affairs Department is responsible for guiding the management of social welfare institutions throughout the country. The civil affairs department of the local people's government at or above the county level is the competent department of social welfare institutions, which manages, supervises and inspects social welfare institutions.

Chapter II Examination and Approval

Article 6 The civil affairs departments of local people's governments at or above the county level shall, according to the needs of the development of social welfare undertakings within their respective administrative areas, formulate plans for the establishment of social welfare institutions. The establishment of social welfare institutions shall conform to the planning and basic standards for the establishment of social welfare institutions.

Article 7 An organization established according to law or an individual with full capacity for civil conduct (hereinafter referred to as the applicant) can apply to the civil affairs department of the people's government at or above the county level for establishing a social welfare institution in accordance with the provisions of these Measures.

Article 8 To apply for the establishment of a social welfare institution, the applicant shall submit the following materials:

(a) the application and feasibility study report;

(two) the applicant's qualification documents;

(three) the source of funds of the social welfare institution to be established;

(four) the certificate of the fixed place where the social welfare institution is to be established. The applicant holds the above materials to apply to the civil affairs department of the people's government at or above the county level where the social welfare institution is located, and the application shall be examined and approved by the civil affairs department that accepts the application. Organizations and individuals from Hongkong, Macao and Taiwan Province Province, overseas Chinese and foreign applicants who set up social welfare institutions in the form of joint venture or cooperation shall apply to the civil affairs department of the provincial people's government for preparation. And report to the competent foreign trade department of the provincial people's government for review.

Article 9 The civil affairs department shall, within 30 days from the date of accepting the application, make a review according to the local social welfare institution establishment plan and the basic standards for the establishment of social welfare institutions, make a decision on approval or disapproval, and notify the applicant in writing of the examination and approval results.

Article 10 If a social welfare institution approved for establishment meets the requirements for opening, it shall apply to the civil affairs department for the Certificate of Approval for the Establishment of Social Welfare Institutions.

Article 11 An institution applying for the Certificate of Approval for the Establishment of Social Welfare Institutions shall meet the following basic standards for the establishment of social welfare institutions:

(1) Having a fixed service place, necessary living facilities and outdoor activities;

(two) in line with the national fire safety and health and epidemic prevention standards, in line with the "code for the design of buildings for the elderly" and "code for the design of urban roads and buildings convenient for the disabled";

(3) Having the start-up capital suitable for its service content and scale;

(4) It has perfect articles of association, and the name of the institution conforms to the provisions and requirements of the registration authority;

(five) there are management and service personnel suitable for the development of services, medical personnel should meet the qualifications stipulated by the administrative department of health, and nursing staff and staff should meet the health standards stipulated by the relevant departments.

Article 12 When applying for the Letter of Approval for the Establishment of Social Welfare Institutions, the following documents shall be submitted:

(a) a written report on the application for the approval certificate for the establishment of social welfare institutions;

(two) the approval issued by the civil affairs department for the establishment of social welfare institutions;

(3) the ownership certificate or lease contract of the service place;

(four) the acceptance report or review opinions of the relevant departments of construction, fire protection, health and epidemic prevention;

(5) capital verification certificate and asset evaluation report;

(6) Articles of association and rules and regulations;

(seven) the list of management personnel, professional and technical personnel and nursing staff, a copy of valid certificates and the health status of the personnel.

(eight) other necessary materials.

Thirteenth civil affairs departments shall, within 30 days from the date of accepting the application, review the submitted documents and conduct on-site acceptance according to the basic standards set by social welfare institutions. Qualified, issued a "social welfare institutions set up approval"; Unqualified, the evaluation results will be notified to the applicant in writing.

Article 14 After obtaining the Approval Letter for the Establishment of Social Welfare Institutions, the applicant shall go through the registration formalities at the registration authority.

Chapter III Management

Fifteenth social welfare institutions should sign a service agreement with the clients or their families (guardians) to clarify the responsibilities, rights and obligations of both parties. The establishment of social welfare institutions for orphans and abandoned babies by social organizations and individuals must be jointly organized by the civil affairs departments of local people's governments at or above the county level; The adoption of orphans or abandoned babies by social welfare institutions shall be examined and approved by the competent civil affairs departments one by one, and an adoption agreement shall be signed.

Sixteenth social welfare institutions should establish and improve various rules and regulations and service standards. Rules and regulations and service standards shall be posted and reported to the civil affairs department for the record.

Seventeenth social welfare institutions shall submit this year's work report and next year's work plan before March 3 1 every year.

Eighteenth social welfare institutions do not have the qualifications of nursing staff, special education personnel should receive pre-job training, after passing the examination certificates.

Nineteenth social welfare institutions should strengthen financial management, their income should be allocated and used in accordance with the relevant state policies and regulations, and consciously accept the supervision of the financial, auditing and supervision departments.

Article 20 The assets of social welfare institutions are protected by state laws, and no organization or individual may occupy them. When a social welfare institution rents or transfers its fixed assets, it must obtain the consent of the civil affairs department and the registration authority and go through the relevant formalities.

Twenty-first social welfare institutions shall carry out donation activities in strict accordance with the provisions of the Donation Law for Public Welfare. Do not accept any donations with political and other additional conditions.

Twenty-second social welfare institutions should abide by the relevant laws and regulations of the state in their foreign exchanges and strictly perform the examination and approval procedures.

Twenty-third social welfare institutions to change the articles of association, name, service items and domicile, shall be submitted to the civil affairs department for examination and approval. The replacement of the principal responsible person shall be reported to the civil affairs department for the record.

Article 24 Where a social welfare institution is divided, merged or dissolved, it shall apply to the civil affairs department three months in advance, submit the liquidation report and related materials confirmed by the relevant department, and the civil affairs department shall report to the local government for evaluation and disposal of its assets, and then go through the relevant formalities.

Twenty-fifth civil affairs departments of people's governments at or above the county level shall regularly conduct annual inspections on the work of social welfare institutions.

Chapter IV Legal Liability

Twenty-sixth civil affairs departments shall publish the examination and approval and annual inspection of social welfare institutions. In violation of the relevant state laws, regulations and these measures, depending on the seriousness of the case, the person directly responsible shall be criticized and educated, and administrative sanctions shall be given. If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 27 If a social welfare institution is under any of the following circumstances, it shall be given a warning and a fine by the civil affairs department according to the situation, until it is suggested that the registration authority ban or cancel the registration, and the person directly responsible shall be criticized and educated and given administrative sanctions according to the management authority, if the case constitutes a crime, criminal responsibility shall be investigated according to law.

(1) Violating the laws and regulations of the state concerning the protection of the rights and interests of the elderly, the disabled and orphans, and infringing upon the legitimate rights and interests of the clients;

(2) practicing without obtaining the Approval Certificate for the Establishment of Social Welfare Institutions;

(three) the annual inspection is unqualified, and it is still unqualified after rectification within a time limit;

(4) illegal fund-raising;

(five) did not go through the formalities of change, and its activities are beyond the scope of license;

(6) Other illegal acts.

Chapter V Supplementary Provisions

Article 28 Social welfare institutions that have practiced before the implementation of these Measures shall, within six months after the implementation of these Measures, apply to the civil affairs departments at or above the county level in accordance with the provisions of these Measures and renew the Certificate of Approval for the Establishment of Social Welfare Institutions.

Article 29 These Measures shall come into force as of the date of promulgation.