china releases: my country further regulates the recognition conditions for charitable organizations, and will not recognize them in the following circumstances
2024-09-07
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china.com, september 6th. on september 5th, the ministry of civil affairs announced the newly revised "measures for the recognition of charitable organizations". this is the first revision of the current "measures for the recognition of charitable organizations" since its implementation in september 2016.
according to reports, the revisions to the "charitable organization recognition measures" mainly involve three aspects: modifying and improving the recognition conditions for charitable organizations, improving the circumstances in which charitable organizations are not recognized, and modifying and improving relevant written expressions.
further standardize the recognition conditions for charitable organizations. according to the provisions of the second paragraph of article 10 of the newly revised charity law, the second paragraph of the “measures for the recognition of charitable organizations” is amended accordingly, deleting the phrase “before the promulgation of the charity law”. according to the provisions of the charity law and the needs of practice, the phrase “the articles of association comply with the provisions of article 11 of the charity law” is added to the third paragraph of article 4 of the “measures for the recognition of charitable organizations”.
the revised "charitable organization recognition measures" stipulates that foundations, social groups, and social service agencies applying to be recognized as charitable organizations must meet the following conditions:
1. meeting the relevant social organization legal person registration requirements at the time of application;
(2) its purpose is to carry out charitable activities, and its business scope complies with the provisions of article 3 of the charity law; its annual expenditure and management expenses for charitable activities in the previous year at the time of application comply with the provisions of the ministry of civil affairs of the state council on charitable organizations;
(3) the organization is not for-profit, and all income and operating surplus are used for the charitable purposes specified in the articles of association; the property and its interest are not distributed among the founders, donors or members of the organization; the articles of association comply with the provisions of article 11 of the charity law, and have provisions for the transfer of surplus property to other charitable organizations with the same or similar purposes;
(4) having a sound financial system and a reasonable salary system;
(5) other conditions prescribed by laws and administrative regulations.
improve the circumstances under which charitable organizations are not recognizedaccording to the relevant provisions of the measures for the administration of credit information of social organizations, the third paragraph of article 5 of the measures for the recognition of charitable organizations shall be amended to read “listed by the civil affairs department in the list of abnormal activities of social organizations or the list of serious violations of law and dishonesty at the time of application”, and social organizations with serious violations of law and dishonesty shall be listed as circumstances under which charitable organizations shall not be recognized.
the revised "charitable organization recognition measures" clearly stipulates that any of the following circumstances will not be recognized as a charitable organization:
(1) a person who is in a situation where he or she is prohibited from serving as the head of a charitable organization as provided for by laws, regulations or national policies;
(2) having been subject to administrative punishment within two years prior to the application;
(3) the applicant was listed in the list of social organizations with abnormal activities or the list of serious illegal and dishonest persons by the civil affairs department at the time of application;
(4) any other conduct that violates laws, regulations, or national policies.
editor: zhao xiaowen
editor: wei jing
