Provisions on Jurisdiction for Cases of Illegal Public Fundraising (Provisional)

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【颁布时间】2018-11-30
Title:民政部关于印发《公开募捐违法案件管辖规定(试行)》的通知
[Document Number]民发〔2018〕142号
Expiration date: 
Promulgating Entities:Ministry of Civil Affairs
Source of text: http://www.mca.gov.cn/article/xw/tzgg/201812/20181200013683.shtml

Article 1: The Provisions are drafted on the basis of the "P.R.C. Charity Law", the "P.R.C. Administrative Punishement Law", The "Regulations on the Registration and Management of Social Groups", the "Regulations on the Administration of Foundations", as well as the "Provsional Regulations on the Registration and Managment of Non-Enterprise Privately Operated Units" and other relevant laws and regulations, so as to clarify jurisdiction in cases of illegal public fundraising, promptly investigate and address illegal conduct, and preserve the order of administration of charitable fundraising.

Article 2: "Cases of illegal public fundraising" as used in these Provisions includes cases of illegalities occurring in the public fundraising activities of charitable organizations that possess public fundraising credentials, cases of charitable organizations and other social organizations that do not possess public fundraising credentials illegally carrying out public fundraising activities, as well as cases of individuals or organizations other than social organizations illegally carrying out public fundraising activities.

Cases of illegalities occurring in the public fundraising activities of charitable organizations that possess public fundraising credentials and cases of charitable organizations and other social organizations that do not possess public fundraising credentials illegally carrying out public fundraising activities, are in the jurisdiction of the civil affairs departments where they registered.

Article 4: In cases of individuals or organizations other than social organizations illegally carrying out public fundraising, the department for civil affairs of the people's government at the county level or above for the location where the illegal conduct occurred is to take jurisdiction in accordance with the following situations:

(1) Where public fundraising is carried out by setting up a donation box in a public place, the civil affairs department for the location of the donation box has jurisdiction;

(2) Where public fundraising is carried out through methods such as holding events such as charity performances, charity competitions, charity exhibitions, charity auctions, and charity galas; the civil affairs departments for the location of the charity performances, charity competitions, charity exhibitions, charity auctions, charity galas, or other such activities have jurisdiction.

(3) Where public fundraising is carried out through broadcasts, television, newspapers, or other media, the civil affairs department for the location of the radio station, television station, or newspaper publisher, has jurisdiction;

(4) Where public fundraising is carried out through the internet, the civil affairs department for the organizations' or individuals' domiciles, and so forth, have jurisdiction. Where domiciles cannot be determined, the civil affairs departments for the place of the internet service providers' permits or filings have jurisdiction.

Where the location of the illegal activities involves two or more departments of civil affairs, jurisdiction is with the department of civil affairs at the first shared higher level, or a designated department of civil affairs.

Article 5: After departments of civil affairs discover or receive leads on cases of illegal public fundraising, they shall conduct screening. Where that organ has jurisdiction, it is to investigate and handle it in accordance with law; where it is not within the jurisdiction of than organ, it shall promptly transfer the case materials to a department of civil affairs with jurisdiction, and the department of civil affairs transferred to shall accept them.

Article 6: Where civil affairs departments have a dispute over jurisdiction, the parties to the dispute are to resolve it through consultation in accordance with the principles confirmed in these Provisions. Where agreement cannot be reached, the civil affairs department at the first shared higher level is to designate a civil affairs department for jurisdiction.

Article 7: Where higher level departments for civil affairs make a designation for jurisdiction, they shall notify the designated civil affairs departments and other relevant civil affairs departments.

After relevant civil affairs departments receive the written notice from the higher level civil affairs department, they shall promptly transfer the case materials to the civil affairs department that has been designated as having jurisdiction.

Article 8: Where during the investigation of cases, departments of civil affairs discover that there are other civil affairs departments are already handling it, they shall suspend the investigation. After jurisdiction is determined, civil affairs departments with jurisdiction shall continue investigating, and the other civil affairs departments shall promptly transfer case materials.

Article 9: Departments of civil affairs over a case may request in writing that other civil affairs departments assist in investigations. Where investigations cross administrative regions, the local civil affairs departments shall be informed in advance, and the local civil affairs department shall cooperate.

Article 10: These provisions become effective on the date of publication.

 

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