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the ministry of civil affairs announced the revised "administrative measures for public fundraising by charitable organizations"

2024-09-08

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on september 5, the ministry of civil affairs announced the newly revised "measures for the administration of public fundraising by charitable organizations" (hereinafter referred to as the "measures"), which will come into effect on the date of announcement. this revision is based on the newly revised content of the charity law, maintaining the basic framework and format of the current "measures" unchanged, and adjusting and refining the content in light of the needs of practical development. the revised content mainly involves the following four aspects.

first, the conditions for applying for public fundraising qualifications have been optimized. the newly revised charity law has changed the "charitable organizations that have been registered for two years in accordance with the law can apply for public fundraising qualifications from the civil affairs department where they are registered" to "charitable organizations that have been registered for one year in accordance with the law can apply for public fundraising qualifications from the civil affairs department that handles their registration", and the time limit requirements have been relaxed. the measures have made corresponding amendments to this. at the same time, the measures have further optimized and improved the conditions for applying for public fundraising qualifications, focusing on examining the effectiveness of the internal governance mechanism of charitable organizations, the soundness of the internal management system, and the compliance of the operation of charitable organizations.

second, the relevant provisions of the public fundraising plan are refined. the measures focus on the outstanding issues found in the management of public fundraising activities, respond to social concerns, and refine the specific content and relevant requirements of the public fundraising plan item by item. for example, the expected amount of funds and materials raised has been increased, and the maximum duration of a single fundraising activity has been clarified; it is stipulated that each public fundraising activity shall be filed separately, and shall not be filed together, and multiple public fundraising activities shall not be carried out with the same fundraising filing number, etc., to promote charitable organizations to scientifically plan, reasonably design, and carry out public fundraising activities in accordance with the law, and facilitate the supervision and management of public fundraising activities by charitable organizations by fundraising objects, the public, and relevant departments.

the third is to regulate cooperative public fundraising. in response to the problem that some charitable organizations with public fundraising qualifications have not fulfilled their supervisory responsibilities for their partners in cooperative fundraising, the measures further refine the management requirements of charitable organizations with public fundraising qualifications for their fundraising partners. for example, charitable organizations with public fundraising qualifications should supervise the collection and use of donations; they should refine the content of the fundraising cooperation agreement and strengthen supervision of the behavior of fundraising partners through evaluation, auditing and other means.

fourth, the annual expenditure and management fee standards after the revocation of the public fundraising qualification certificate are clarified. the measures clarify that if a charitable organization has its public fundraising qualification certificate revoked in accordance with the law, the annual expenditure and management fees for charitable activities in that year will still be implemented in accordance with the standards for charitable organizations with public fundraising qualifications, and then in accordance with the standards for charitable organizations without public fundraising qualifications, which solves the problem of the connection between annual expenditure and management fees after charitable organizations lose their public fundraising qualifications.

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