Circular of the Ministry of Civil Affairs on Printing and Distributing the Several Provisions on Regulating the Activities of Foundations (for Trial Implementation)
Circular of the Ministry of Civil Affairs on Printing and Distributing the Several Provisions on Regulating the Activities of Foundations (for Trial Implementation)
Circular of the Ministry of Civil Affairs on Printing and Distributing the Several Provisions on Regulating the Activities of Foundations (for Trial Implementation)
Min Fa [2012] No.124
July 10, 2012
Departments (bureaus) of civil affairs of all provinces, autonomous regions and Municipalities, bureaus of civil affairs of cities specifically designated in the State plan and the civil affairs bureau of Xinjiang Production and Construction Corps,
According to the Law of the People's Republic of China on Donations for Public Welfare, the Regulations on Administration of Foundations, Measures for the Information Disclosure of Foundations and other relevant laws and regulations, this Ministry enacted the Several Provisions on Regulating the Activities of Foundations (for Trial Implementation), which are hereby printed and distributed to you for your implementation.
The registration administration departments at various levels shall earnestly perform their supervision and administration duties and intensify guidance and examination on the foundations in daily supervision, annual examination and evaluation. For the foundations that violate relevant regulations and policies, the registration administration departments shall give the annual inspection result of Basically Qualified or Unqualified according to the seriousness of the circumstances, may lower the evaluation grade of the foundation if it has evaluation grade; and shall give administrative penalty if the circumstance is serious.
Several Provisions on Regulating the Activities of Foundations (for Trial Implementation)
For the purpose of ensuring the welfare objectives of the foundations, regulating the activities, enlarging the openness and transparency, maintaining the legal rights and interests of beneficiaries, donors and foundations, and further promoting the healthy development of foundations, several issues on regulating the activities of foundations are hereby stipulated,
I. Foundation's Acceptance and Use of Welfare Donations
1. When accepting donations, the foundations shall specify the rights and duties with the donors and sign a written donation agreement with the donor according to the requirements of the donor.
The foundation shall ensure the welfare nature of the accepted donations. Donations which set return conditions for the donors and the donations that are against the welfare objectives shall not be considered as welfare donations and the donation receipts shall not be issued.
2. The foundation shall, upon the actual acceptance of donations, issue the donation receipt. In the event that the donor does not need the receipt or in the event of anonymous donations, the donation receipt should also be issued and kept by the foundation for future reference.
For the non-cash donation, only it has been confirmed as an income upon the actual acceptance could the donation receipt be issued. The donated property, which is directly transferred by the donor to the beneficiary or any other third party without going through the check and confirmation of the foundation, shall not be taken as the donation income of the foundation and the receipt shall not be issued.
3.
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