深圳经济特区捐赠公益事业管理条例 Regulations of Shenzhen Special Economic Zone on the Donation to the Public Welfare

petent department.

　　If the provisions of national laws or regulations prescribe application for approval concerning donated money or articles used for specific projects or purposes, the application for approval shall be conducted according to the provisions.

　　Article 24 Any donee shall present the following documents for the declaration to the competent department:

　　(1) the materials about the donating intent or the donating agreement;

　　(2) the declaration form of donation;

　　(3) the list of the donated money and articles (including the kinds, amounts, qualities, purposes, means and etc).

　　Article 25 Competent department shall give a written reply to the donee within 10 days from the receipt of the declaring documents.

　　If the reply period needs to be extended due to special circumstances, the reply period shall not exceed 30 days at the longest. If the competent department fails to reply within the period, the declaration is considered to have been approved.

　　Article 26 If a donation, which shall be declared and reported for record, is for emergency uses as disaster relief, etc., the donee may accept the donation in advance, and shall conduct a supplementary declaration within 3 months.

　　Article 27 If the public project constructed by donation shall be examined and approved by the municipal or district government, the donee shall go through relevant formalities, set up an agency preparing the construction, and organize the invitation to bid and bidding to the construction according to relevant provisions of the State.

　　The determination and location of a public project shall accord with the urban construction plan, the lay out of the public project shall be reasonable, and the attention to social and environmental beneficial results shall be paid.

　　After the public project is competed, the donee shall notify the circumstances about the project construction, use of money and articles, check and acceptance of the project as well as settlement of accounts to the competent departments and benefactor in writting within 3 months from the com

pletion.

　　Article 28 The denees shall check the use of donated money and articles that they accept by themselves periodically; The donees shall have the public projects constructed by donation auditedperiodically, and feed back the auditing outcomes to the benefactors and report auditing outcomes to the competent departments within 1 month from delivery of the auditing report.

　　Article 29 The donees shall ascertain funds, corollary equipments and management supporting the donated public projects and the use of donated money or articles according to donation agreements.

　　Article 30 The management expenses for the donated disaster relief supplies shall be born by the municipal or district government undertaking the acceptance of donation.

　　Article 31 Public welfare foundations or public welfare societies may collect donations for special public welfare through the forms of benefit performance, charity bazaar, raise in the street and etc.

　　Article 32 Application for collecting donations shall be submitted to the municipal government. The municipal government shall make a decision of approval or not approval within 15 days from receipt of the application:

　　The application shall expressly contain the following items:

　　(1) the subject of the collection;

　　(2) the way, scope and period of the donation;

　　(3) the use, amount and management method of the collected money and articles.

　　Chapter Ⅴ Management of the Public Welfare Funds

　　Article 33 A foundation for donated public welfare funds shall be established, if the establishment meets the requirements of the foundation prescribed by relevant provisions, and the foundation shall use and manage the funds according to law.

　　If the establishment of foundation for donated public welfare funds doesn’t meet the requirements of the foundation, the corresponding foundation shall make overall arrangement of use and management according to the purpose of the donated public welfare funds and the benefactor’s will.

　　Article 34 The setting up of the foundation shall be reported by competent department to the People’s Bank for examination and approval. The foundation cannot carry out business untill being registered and issued the license by the department in charge of civil affairs and having the legal personality.

　　Article 35 Foundations shall accept the supervisions from the People’s Bank, as well as the department for auditing, the department for civil affairs, and the competent department.

　　Article 36 Foundation shall be under the democratic management, and the sound and strict system for the collection, management and use of funds shall be set up. The board of directors shall exercise the powers of using and managing the found.

　　Article 37 Foundations shall report to the benefactors and disclose to the public the collection, distribution, use and management of the money and articles every year.

　　Article 38 The funds of the foundations shall appreciate through deposits, purchase of bonds and other safe ways permitted by the State.

　　The inflation proof and appreciation of the funds of the foundations may be arranged by financial institutions entrusted.

　　Article 39 The added value of the funds of the foundations shall be used in assisting the activities and causes in conformity with their aims according to their constitutions, and shall not be embezzled for other use.

　　Article 40 The foundations shall use certain amount in assisting the public welfare activities according to their aims, beside the principal retained according to the provisions of the State.

　　Article 41 The government working person with current post shall not hold concurrently post as the leading member of the foundation, but may be granted a honorary title.

　　Article 42 The salaries of the working personnel and administrative expenses

of the foundations shall be paid with quota from the added value of the fund, according to the foundation constitution.

　　Article 43 These regulations shall not be applicable to the special funds set up by the governmental allocation and the funds for public welfare set up not through collection of donations.

　　Chapter Ⅵ Penalty Provisions

　　Chapter 44 Any one, who against benefactor’s will to induces to donate, apportion or supplement money or articles of donation, or arbitrarily changes the characters and purposes of　the donated money and articles as well as the public projects constructed by donation, shall be ordered to rectify within a prescribed time limit, given warning, or criticized publicly by the unit he belongs to or the competent department, administrative sanctions may be given to relevant persons liable according to related provisions.

　　Article 45 If a donee fails to report for record or declare, the competent department shall order him to conduct supplementary report or declaration within a prescribed time limit.

　　If a donee violates the requirements of the laws, regulations or social moralities to accept donations, the competent department shall give warning to him and order him to rectify within a prescribed time limit; If a donee refuses to rectify, the competent department may give administrative sanctions to relevant persons liable according to related provisions.

　　Article 46 Any one, who commits the illegal acts of evading foreign exchange, trading in foreign exchange, dodging taxes, smuggling, defrauding and etc in the guise of donation, shall be dealt with by relevant departments them according to law; If his act constitutes a crime, he shall be investigated by judicial organ for criminal responsibilities according to law.

　　Article 47 Any one, who embezzles, holds back, misappropriates or encroaches on the donated money and articles，shall be given administrative sanctions by the unit he belongs to or the competent department and money and articles shall be pursued. If his act constitutes a crime, he shall be investigated by judicial organ for criminal responsibilities according to law.

　　The money and articles pursued according to the preceding paragraph shall be used for the purpose and aim of the original donation.

　　Article 48 Any one, who collects donations in the guise of public welfare foundations or social public welfare associations, or collects donations without approval, shall be punished according to the Regulations of the People’s Republic of China on Punishments in Public Order and Security Administration, and be confiscated the illegal gains. If his act constitutes a crime, he shall be investigated by judicial organ for criminal responsibilities according to law.

　　Article 49 Any one, who violates the provisions of these regulations concerning the management of the foundation, according to the circumstances, they shall be stopped the payments, frozen the capitals or be ordered to rectify by the People’s Bank, or be warned or revoked the license by the department in charge of civil affairs. The competent department shall give administrative sanctions to the persons directly liable.

　　Article 50 If a state functionary abuses his powers, neglects his duties and commits irregularities for favoritism, relevant department shall give administrative sanctions to him. If his act constitutes a crime, he shall be investigated by judicial organ for criminal responsibilities according to law.

　　Chapter Ⅶ Supplementary Provisions

　　Article 51 These regulations shall be interpreted

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