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the ministry of civil affairs, the cyberspace administration of china, the ministry of industry and information technology, the ministry of public security, and the state administration of financial supervision jointly announced today (september 5) the "management measures for personal help-seeking online service platform", which will come into effect on the date of announcement.

the main contents of the "administrative measures for the personal help-seeking online service platform" are:

(i) regarding the scope of regulation of the measures.a network platform specifically designed to provide services such as the release of help-seeking information and the collection, management and disbursement of donated funds for individuals whose families are in financial difficulties due to illness or other reasons.the measures stipulate that the personal help-seeking online service platform must be designated by the ministry of civil affairs; without designation, no organization or individual may carry out activities in the name of the personal help-seeking online service platform, or engage in personal help-seeking online services such as publishing help-seeking information and collecting, managing, and disbursing donated funds.

(ii) designation of online personal help-seeking service platforms. applicants for designation as online personal help-seeking service platforms shall meet the conditions stipulated in article 4 of these measures and submit relevant materials. the ministry of civil affairs will, based on its work arrangements, issue an announcement for the selection of online personal help-seeking service platforms; establish an evaluation committee to determine the list of online personal help-seeking service platforms to be designated and make it public; after the public announcement period expires, determine the list of online personal help-seeking service platforms to be designated and make it public.after the list is published, the personal help network service platform shall provide services within sixty days.

(iii) main rules of the online service platform for personal help-seeking. platform rules documents such as service agreements, rules for publishing help-seeking information, and rules for processing personal information are the basis for protecting the legitimate rights and interests of users and maintaining the healthy and orderly operation of the platform. the measures clearly require that the platform has formulated sound platform rules documents in the application for designated conditions; if there are major adjustments to the platform rules, they should be reported to the ministry of civil affairs before the adjustments; the platform should provide services to the help-seekers, information publishers, and donors after they agree to the platform rules and the use and return of donated funds. the measures also clarify the principles that the platform must abide by and the requirements for information content management, information security management, and personal information protection. disputes between the platform, help-seekers, information publishers, and donors can be resolved through self-conciliation, applying for arbitration to an arbitration institution, and filing a lawsuit in the people's court.

(iv) verification of the authenticity of help-seeking information. verifying the authenticity of help-seeking information is the legal obligation of the personal help-seeking network service platform.the measures provide for the following from multiple perspectives, including the personal help-seeking online service platform, the help-seeker, and the information publisher:

first,the application specifies that the platform must have the ability to verify the authenticity of the help-seeking information published through it.

second,it is stipulated that the platform should clearly inform the person seeking help and the person publishing the information that they are responsible for the authenticity of the help-seeking information, and clearly inform the person seeking help and the person publishing the information that they shall not obtain assistance by means of fabricating or concealing facts.

third,it clarifies the help-seeking information and related materials that the person seeking help and the person publishing information need to submit; it stipulates that the platform should establish an audit team to verify the authenticity of the help-seeking information.

fourth,after verifying the authenticity of the help-seeking information, the stipulated platform shall promptly disclose the relevant information to the public and accept social supervision.

five isit is stipulated that if the platform finds that the person seeking help or the person publishing information is suspected of committing crimes such as fraud, it should report it to the public security organs in a timely manner.

(v) requirements for the management of donated funds. the safety and management of donated funds are the key contents regulated by the measures:

first,the application specifies that the operating entity of the platform must sign a donation fund custody agreement with a bank.

second,it stipulates that the donated funds collected by the platform should be managed and used for special purposes in a special deposit account, and also makes provisions for the opening of special deposit accounts for donated funds.

third,it is stipulated that except for situations where the platform charges service fees and the donated funds cannot be returned, the donated funds collected in the special deposit account can only be transferred to the person seeking help or the hospital account provided by him/her.

fourth,it is stipulated that the platform shall bear the responsibility for reviewing the disbursement of donated funds, establish a review mechanism, strengthen the review of the disbursement of donated funds, and promptly disburse donated funds to those seeking help; it shall supervise those seeking help to use the donated funds in accordance with the purpose of the request, and require those seeking help and the person publishing the information to promptly update the use of donated funds.

five isit clarifies the circumstances under which the platform requires relevant responsible persons to return donated funds and refund them to the donors.

sixthit is stipulated that the platform should disclose to the public in a timely and comprehensive manner the information on fund raising, allocation, use and return of each person seeking help, to facilitate supervision by all sectors of society.

(vi) regarding the supervision and management of online service platforms for personal help. the ministry of civil affairs, the cyberspace administration of china, the ministry of industry and information technology, the ministry of public security, the financial regulatory bureau and other departments will work together to strengthen the supervision and management of online service platforms for personal help:

first,it is stipulated that the platform shall submit the previous year's work report and financial accounting report to the ministry of civil affairs before june 30 each year; and shall disclose to the public once every six months the situation of its personal help-seeking online service.

second,it is clarified that relevant departments have the right to take regulatory measures in accordance with their statutory duties against platforms and their operators suspected of violating the provisions of these measures.

third,if the platform and its operating entity are suspected of violating the provisions of the measures, the relevant departments may call in the relevant persons in charge for talks and require them to explain the situation and propose improvement measures.

(vii) legal responsibilities of online personal help-seeking service platforms. in accordance with the administrative penalty law and relevant laws and regulations, the measures clarify the legal responsibilities of online personal help-seeking service platforms:

first,if a platform and its operating entity violate the provisions of these measures, the ministry of civil affairs, the cyberspace administration of china, the ministry of industry and information technology, the ministry of public security, the state financial regulatory administration and other departments shall, in accordance with their statutory duties, order them to make corrections within a time limit, give them warnings or issue criticisms.

second,if the staff of the platform violates the provisions of article 20 of these measures and constitutes an act of violation of public security management, the public security organs shall impose public security management penalties in accordance with the law; if it constitutes a crime, criminal liability shall be pursued in accordance with the law.

third,the five situations in which the platform will be de-designated are stipulated, and the follow-up work requirements for the de-designated platforms are clarified. in addition, if an undesignated internet information service provider arbitrarily carries out activities or engages in personal help-seeking online services in the name of a personal help-seeking online service platform, the civil affairs department of the people's government at or above the county level shall order it to make corrections within a time limit; if it fails to make corrections within the time limit, the civil affairs department of the people's government at or above the county level shall handle it in accordance with the law together with the internet information office and the telecommunications authorities.

(cctv reporter li yumei)