Provisional Measures on the Random Inspections of Social Organizations (Draft for solicitation of comments)

Final version of this document has been passed and is available here.

So as to put in place the "State Council General Office's Notification on the Expansion of Mid- and Post- Fact Oversight of Random Sample Inspections", to regulate the work of random inspections of social organizations, to raise the efficacy of administrative management, this department has drafted these "Provisional Measures on Random Inspections of Social Organizations (draft for solicitation of comments) on the basis of summarized practice experience, thorough research, wide solicitation of opinions, and repeated research and debate; and they are hereby released to the public for solicitation of comments. The public may submit comments through the following methods:

(1) Log on to the Ministry of Civil Affairs website (address http://www.mca.gov.cn) and click "interact" on the dashboard panel at the top of the home page , and enter the 'solicitation of comments' board (or directly click the 'solicitation of comments' board at the bottom of the home page), and then click " General Office of the Ministry of Civil Affairs Notification of solicitation of public comment on the "Provisional Measures on the Random Inspections of Social Organizations (Draft for solicitation of comments)" to submit comments.

(2) Submit Comments by email at zfbgs111@126.com。

(3) Send comments by post to: Beijing City, Dongcheng District, Beihe Avenue #147, Ministry of Civil Affairs Bureau of Social Organization Administration, postal code: 100721, and please note on the envelope "Solicited Comments on the "Provisional Measures on Random Inspections of Social Organizations (Draft for Solicitation of comments)."

The deadline for Comments and Feedback is January 13, 2017.

Provisional Measures on the Random Inspections of Social Organizations

(Draft for solicitation of comments)

Article 1: These Measures are formulated on the basis of relevant laws, regulations, and relevant national provisions, so as to standardize the management of social organizations, to improve methods of administrative management, to raise the efficacy of administrative management, and to promote the healthy and orderly development of social organizations.

Article 2: These Measures apply to social organization registration management organs (hereinafter registration management organs) following their legally prescribed duties to randomly sample a certain percentage of social organizations, and inspect their carrying out of activities in accordance with law.

Article 3: Random inspections shall be carried out in adherence to the principles of lawfulness, fairness, openness, and standardization.

Article 4: The Ministry of Civil Affairs is responsible for guiding the work of random inspections on social organizations for the entire nation.

Each level of registration management organ is responsible for the work of carrying out random inspections of social organizations that are registered at that level.

Where the domiciles of registration management organs, and the social organizations in their jurisdiction are not in the same area, a registration management organ in the area of the social organization's domicile may be entrusted with responsibility for random inspection work within the scope entrusted to them.

Article 5: Random inspections are divided into scheduled and unscheduled inspections.

Scheduled random inspections refers to registration management organs annual carrying out inspections of a random sample of that levels registered social organizations. The percentage to be randomly inspected is usually not less that 3% of the total number of registered social organizations.

Unscheduled random inspections refers to the registration management organs carrying out unscheduled inspections of a sample of social organizations based on the social organizations type, industry, the matter for inspection, and other such requirements.

Article 6: For registration management organs carrying out scheduled random inspections, the content of the inspections primarily includes the social organizations' annual report, information disclosure, internal governance, financial situation, operational activities, and other such situations.

For unscheduled random inspections, several items from the inspection contents provided in the preceding paragraph may be selected, or other inspection content may also be reasonably determined based on the actual conditions.

Article 7: As work requires, the registration management organs may join with professional supervisory units, departments for industry management, or departments with relevant duties, to carry out random inspection work in accordance with law.

Registration management organs may lawfully use inspection results issued by other departments.

Article 8: In the course of random inspection work, registration management organs may retain an accounting firm, tax law firm, law firm or other professional establishment to carry out audits, consultatoin or other relevant work.

Article 9: Registration management organs may employ paper inspections, site inspections, or other means to carry out random inspections.

When registration management organs carry out inspections of social organizations, they shall inform the social organizations being inspected of the content and requirements for the inspection.

Article 10: When registration management organs carry out on site inspections of social organizations, there must not be less than two inspectors, and they shall present their professional identification and written notice of inspection.

Where inspectors have an interest in the social organizations being inspected, they shall be recused.

Article 11: When accounting firms, tax law firms, or other professional establishments are retained to carry out on site inspection work, there must be at least two employees and they shall present their professional identification, written notice of inspection, and proof that they have been so retained.

Article 12: Inspection notes shall be created for on site inspections, truthfully recording the circumstances of the inspection, and the inspectors and legally-designated representative (responsible party) of the social organization being inspected, or personnel at the site of the inspection, are to sign it or affix a seal; where there is no way to get a signature or seal, inspectors shall note the reasons.

Article 13: Registration management organs shall inform the social organizations of issues discovered in random inspections and disclose them to the public in accordance with law.

Article 14: Where it is discovered in random inspections that social organizations have conduct in violation of laws or regulations, the registration management organs is to handle it in accordance with law; where it should be handled by other departments, it is to be tranferred to the relevant department in accordance with law.

Article 15: Social organizations shall cooperate with random inspection work, accept questioning, truthfully reflect the situation, and provide relevant materials as needed for the inspection; they must not obstruct or refuse the inspection in any way.

Where social organizations do not follow provisions to cooperate with random inspections, the registration management organs shall handle it in accordance with law.

Article 16: The random inspections are to be an important basis for the social organizations' assessments and other work, and may also be provided to relevant government departments to be reference material in work such as government acquisition of services, tax benefits, verification of credentials, and selections for awards.

Article 17: Registration management organs shall lawfully and promptly file and store relevant materials collected or formed during the course of random inspections.

Article 18: All fees required for random inspections are to be disbursed from the registration management organs, and fees must not be collected from the social organizations at all.

Article 19: Where personnel of registration management organs abuse their office, use their influence for personnel gain, or neglect their duties in random inspection work, and it constitutes a crime, their criminal liability shall be pursued according to law; where it does not constitute a crime, they shall be given administrative sanctions in accordance with law.

Article 20: The Ministry of Civil Affairs is responsible for interpreting these Measures.

Article 21: These Measures take effect on __/__/20__.