Decision of the Standing Committee of the National People's Congress on Amending the Charity Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending the Charity Law of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending the Charity Law of the People's Republic of China
Order of the President of the People's Republic of China No.16
December 29, 2023
The Decision of the Standing Committee of the National People's Congress on Amending the Charity Law of the People's Republic of China, which was adopted at the seventh session of the 14th Standing Committee of the National People's Congress of the People's Republic of China on December 29, 2023, is hereby promulgated and shall come into force from September 5, 2024.
Xi Jinping, President of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending the Charity Law of the People's Republic of China
(Adopted at the seventh session of the 14th Standing Committee of the National People's Congress of the People's Republic of China on December 29, 2023)
The seventh session of the 14th Standing Committee of the National People's Congress decided to make the following amendments to the Charity Law of the People's Republic of China:
1. One paragraph shall be added as Paragraph 1 to Article 4, reading: "Charity work shall adhere to the leadership of the Communist Party of China."
2. Article 6 shall be amended to read: "The people's governments at the county level or above shall organize, coordinate, supervise and guide the relevant departments to effectively facilitate the development of and regulate the management of charitable causes within their respective responsibilities.
The civil affairs department of the State Council shall be in charge of the charitable work nationwide, and the local civil affairs departments of the people's governments at the county level or above shall be in charge of the charitable work within their respective administrative regions. The relevant departments of the people's governments at the county level or above shall carry out the relevant charitable organization work and strengthen the supervision, management and service of charitable activities within their respective responsibilities in accordance with this Law and other relevant laws and regulations. If a charitable organization is subject to the management of an authority, the latter shall guide and supervise the former."
3. Paragraph 2 of Article 10 shall be amended to read: "Foundations, social groups, social service organizations and other non-profit organizations which are established may apply to the civil affairs departments that deal with their registration to be recognized as a charitable organization, and the civil affairs departments shall make a decision within 20 days from receipt of such application. Those meeting the conditions for a charitable organization shall be recognized as such, and the decision shall be publicly announced; those that do not meet the conditions shall not be recognized and shall be provided with the reasons for the non-recognition in writing."
4. Article 13 shall be amended to read: "A charitable organization shall submit its annual work report and annual financial report to the civil affairs department that deals with its registration every year. The aforesaid reports shall state the charitable organization's fundraising activities and receipt of donations, management and use of charitable assets, implementation of charitable projects, fundraising cost, remunerations of employers and cooperation with overseas organizations or individuals in the year and other relevant information."
5. Article 22 shall be amended to read: "To engage in public fundraising, charitable organizations shall obtain the qualification for public fundraising. Charitable organizations that have been legally registered for one year or more may apply for the qualification for public fundraising with the civil affairs departments that deal with their registration. The civil affairs departments shall make a decision within 20 days from the date of receiving such application. Charitable organizations that meet the requirements of having a sound internal governance structure and operating in a regulated manner shall be issued with the qualification certificate for public fundraising; those which do not meet such requirements shall not be issued with the qualification certificate and shall be provided with the reason for the non-issuance in writing.
Other non-profit organizations permitted to engage in public fundraising activities as stipulated by other laws and administrative regulations shall be directly issued with the qualification certificate for public fundraising by the civil affairs departments of the people's governments at the county level or above."
6. Article 26 shall be amended to read: "On account of charitable purposes, organizations or individuals without the qualification for public fundraising may collaborate with charitable organizations with the qualification for public fundraising, and such charitable organizations shall carry out public fundraising activities. The aforesaid organizations or individuals as the collaborators may not carry out any public fundraising activities in any form on their own initiative. Charitable organizations with the qualification for public fundraising shall assess their collaborators, conclude a written agreement with them in accordance with the law, specify the information on the collaborators in the fundraising program, and provide guidance on and supervise the relevant acts of the collaborators.
Charitable organizations with the qualification for public fundraising shall be responsible for the management and accounting of funds and property raised through cooperation, and include all income and expenditure in their accounts."
7. Paragraph 3 of Article 23 shall be changed into Article 27, reading: "Where a charitable organization engages in online public fundraising activities, it shall do so on the online public fundraising service platform designated by the civil affairs department of the State Council, and may simultaneously do so on its own official website.
The online public fundraising service platform designated by the civil affairs department of the State Council shall provide services such as the presentation of the information on public fundraising, payment of donations, and inquiries about the use of donated assets; it shall not, without justifiable reasons, refuse to provide services for charitable organizations with the qualification for public fundraising, or charge them for its services, or place commercial advertisements or links to commercial activities on the page containing information on public fundraising."
8.
......
Order of the President of the People's Republic of China No.16
December 29, 2023
The Decision of the Standing Committee of the National People's Congress on Amending the Charity Law of the People's Republic of China, which was adopted at the seventh session of the 14th Standing Committee of the National People's Congress of the People's Republic of China on December 29, 2023, is hereby promulgated and shall come into force from September 5, 2024.
Xi Jinping, President of the People's Republic of China
Decision of the Standing Committee of the National People's Congress on Amending the Charity Law of the People's Republic of China
(Adopted at the seventh session of the 14th Standing Committee of the National People's Congress of the People's Republic of China on December 29, 2023)
The seventh session of the 14th Standing Committee of the National People's Congress decided to make the following amendments to the Charity Law of the People's Republic of China:
1. One paragraph shall be added as Paragraph 1 to Article 4, reading: "Charity work shall adhere to the leadership of the Communist Party of China."
2. Article 6 shall be amended to read: "The people's governments at the county level or above shall organize, coordinate, supervise and guide the relevant departments to effectively facilitate the development of and regulate the management of charitable causes within their respective responsibilities.
The civil affairs department of the State Council shall be in charge of the charitable work nationwide, and the local civil affairs departments of the people's governments at the county level or above shall be in charge of the charitable work within their respective administrative regions. The relevant departments of the people's governments at the county level or above shall carry out the relevant charitable organization work and strengthen the supervision, management and service of charitable activities within their respective responsibilities in accordance with this Law and other relevant laws and regulations. If a charitable organization is subject to the management of an authority, the latter shall guide and supervise the former."
3. Paragraph 2 of Article 10 shall be amended to read: "Foundations, social groups, social service organizations and other non-profit organizations which are established may apply to the civil affairs departments that deal with their registration to be recognized as a charitable organization, and the civil affairs departments shall make a decision within 20 days from receipt of such application. Those meeting the conditions for a charitable organization shall be recognized as such, and the decision shall be publicly announced; those that do not meet the conditions shall not be recognized and shall be provided with the reasons for the non-recognition in writing."
4. Article 13 shall be amended to read: "A charitable organization shall submit its annual work report and annual financial report to the civil affairs department that deals with its registration every year. The aforesaid reports shall state the charitable organization's fundraising activities and receipt of donations, management and use of charitable assets, implementation of charitable projects, fundraising cost, remunerations of employers and cooperation with overseas organizations or individuals in the year and other relevant information."
5. Article 22 shall be amended to read: "To engage in public fundraising, charitable organizations shall obtain the qualification for public fundraising. Charitable organizations that have been legally registered for one year or more may apply for the qualification for public fundraising with the civil affairs departments that deal with their registration. The civil affairs departments shall make a decision within 20 days from the date of receiving such application. Charitable organizations that meet the requirements of having a sound internal governance structure and operating in a regulated manner shall be issued with the qualification certificate for public fundraising; those which do not meet such requirements shall not be issued with the qualification certificate and shall be provided with the reason for the non-issuance in writing.
Other non-profit organizations permitted to engage in public fundraising activities as stipulated by other laws and administrative regulations shall be directly issued with the qualification certificate for public fundraising by the civil affairs departments of the people's governments at the county level or above."
6. Article 26 shall be amended to read: "On account of charitable purposes, organizations or individuals without the qualification for public fundraising may collaborate with charitable organizations with the qualification for public fundraising, and such charitable organizations shall carry out public fundraising activities. The aforesaid organizations or individuals as the collaborators may not carry out any public fundraising activities in any form on their own initiative. Charitable organizations with the qualification for public fundraising shall assess their collaborators, conclude a written agreement with them in accordance with the law, specify the information on the collaborators in the fundraising program, and provide guidance on and supervise the relevant acts of the collaborators.
Charitable organizations with the qualification for public fundraising shall be responsible for the management and accounting of funds and property raised through cooperation, and include all income and expenditure in their accounts."
7. Paragraph 3 of Article 23 shall be changed into Article 27, reading: "Where a charitable organization engages in online public fundraising activities, it shall do so on the online public fundraising service platform designated by the civil affairs department of the State Council, and may simultaneously do so on its own official website.
The online public fundraising service platform designated by the civil affairs department of the State Council shall provide services such as the presentation of the information on public fundraising, payment of donations, and inquiries about the use of donated assets; it shall not, without justifiable reasons, refuse to provide services for charitable organizations with the qualification for public fundraising, or charge them for its services, or place commercial advertisements or links to commercial activities on the page containing information on public fundraising."
8.
......