Measures on the Administration of Public Fundraising Platform Services

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Title: 关于印发《公开募捐平台服务管理办法》的通知
Promulgating Entities:民政部 工业和信息化部 国家新闻出版广电总局等
Reference number: 民发〔2016〕157号
Promulgation Date: 2016-8-30
Expiration date: 
Source of text: http://xxgk.mca.gov.cn/n1360/80408.html

关于印发《公开募捐平台服务管理办法》的通知

To the Civil Affairs Offices (Bureaus); Communications Administration Bureaus; Bureaus for the Administration of Press, Publication, Radio and Television; and internet information offices of all provinces, autonomous regions and directly governed municipalities, and the Civil Affairs Bureau and Administration of Press, Publication, Radio and Television of the Xinjiang Production and Construction Corps:

The "Measures on the Administration of Public Fundraising Platform Services" are hereby released to you so as truly implement the "Charity Law of the People's Republic of China", to further regulate public fundraising platform services, to preserve the lawful rights and interests of participants in charitable activities such as donors, beneficiaries and charitable organizations, and to advance the healthy development of charitable enterprises in China; please strictly follow and enforce them.

Attachments: Measures on the Administration of Public Fundraising Platform Services

Ministry of Civil Affairs, Ministry of Industry and Information Technology

State Administration of Press, Publication, Radio, Film and Televison, State Internet Information Office

8/30/2016

Attachments

Measures on the Administration of Public Fundraising Platform Services

Article 1: These Measures are drafted on the basis of the "Charity Law of the People's Republic of China", the State Council Guiding Opinion on Promoting the Healthy Development of Charitable Enterprises" (Guofa [2014] No.16) and other laws and regulations, so as to further regulate public fundraising platform services, preserve the lawful rights and interests of participants in charitable activities such as donors, beneficiaries, and charitable organizations, and advance the healthy development of charitable enterprises in China.

Article 2: "Public Fundraising Platform Services" as used in this law refers to platform services provided for the purpose of charitable organizations carrying out public fundraising activities or publishing public fundraising information through radio, television and periodicals as well as by network service providers and telecommunications operators.

Radio, television, periodical, and telecommunications operators providing public fundraising platform services shall comply with the requirements of provisions such as the "Regulations on the Administration of Radio and Television", "Publication Administration Regulations", and "People's Republic of China Telecommunications Regulations" Network service providers providing public fundraising platform services through the internet shall be designated by the Ministry of Civil Affairs in accordance with law, and meet the requirements of provisions such as the "Measures on the Administration of Internet Information Services".

Article 3: When public fundraising platform services are provided on radio, television and periodicals or by network service providers or telecommunications operators, they shall inspect the charitable organizations' registration certificates and public fundraising credential certificates, and must not accept charitable donations of assets on their behalf.

Article 4: Radio, television and periodicals or network service providers or telecommunications operators providing public fundraising platform services to charitable organizations shall sign an agreement clarifying of both parties rights and obligations regarding the truthfulness and other aspects of the publication of public fundraising information and public fundraising matters.

Article 5: Where radio, television and periodicals or network service providers or telecommunications operators discover that charitable organizations have conduct violating the law or regulations when carrying out public fundraising, they shall promptly report it to the civil affairs department that approved registration.

Article 6: Radio, television and periodicals or network service providers or telecommunications operators shall record and preserve copies of charitable organizations's registration certificates and public fundraising credentials. Network service providers shall also record and preserve relevant information released by charitable organizations on their platform. Of these, the period for preserving information related to the registration certificate and public fundraising credentials is at lest 2 years from the last time the charitable organization carried out public fundraising on that platform; the period for preserving other information such as fundraising records is at least two years from the completion of public fundraising.

Article 7: Where civil affairs departments discover that charitable organizations have conduct that violates laws or regulations in their use of public fundraising platform services, and need to request that radio, television, periodical as well as network service providers, and telecommunications operators assist in their investigations, the radio, television, periodical as well as network service providers, and telecommunications operators shall cooperate.

Article 8: Where radio, television and periodicals or network service providers or telecommunications operators stop providing o charitable organizations with public fundraising information publication services, they shall first make a public announcement on that platform.

Article 9: Radio, television and periodicals or network service providers or telecommunications operators are encouraged to provide charitable organizations with fair and just credit appraisal services, objectively and fairly gathering and recording the credit situation of charitable organizations that carry out public fundraising.

Article 10: When individuals make calls for help to resolve their own or their families difficulties through radio, television and periodicals or network service providers or telecommunications operators; the radio, television and periodicals or network service providers or telecommunications operators shall make a reminder of risk prevention to the public in a conspicuous place, informing them that this information is not public fundraising information and that the publisher of the information is responsible for its veracity.

Article 11: All levels of civil affairs departments lawfully conduct oversight and management of charitable organizations' publication of public fundraising information, or carrying out of public fundraising through radio, television and periodicals or network service providers or telecommunications operators' platforms. Where charitable organizations have situations violating laws or regulations, the civil affairs departments that approved their registration are to give investigate and handle it in accordance with law.

Article 12: The State Council and all levels of local deparment for the administration of radio, television and periodicals or internet information office or telecommunications administration departments, lawfully conduct oversight and management of radio, television and periodicals or network service providers or telecommunications operators charitable organizations' provision of public fundraising platform services to charitable organizations, within the scope of their authority, and conduct investigations and handling of violations of law and regulations.

Article 13: civil affairs departments shall establish and complete mechanisms for information communication and sharing with radio, television and periodicals or internet information offices; mechanisms for disclosure of credit information; and mechanisms for cooperative investigation of conduct violating laws and regulations, strengthening collaborative oversight.

Article 14: These Measures are to be interpreted by the Ministry of Civil Affairs,Ministry of Industry and Information Technology, State Administration of Radio, Film and Television, and State Internet Information Office.

Article 15: These Measures take effect on September 1, 2016.

 

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