Measures on Registration Management Organs' Acceptance of Complaints and Reports about Social Organizations

Title: The Ministry of Civil Affairs' Notice on the Publication of the "Measures On Registration Management Organs' Acceptance Of Complaints And Reports About Social Organizations (Provisional)"
Promulgating Entities: Ministry of Civil Affairs
Reference number: Civil Affairs Release  (2016) No 139
Promulgation Date: 2016-8-15
Expiration date: 
Source of text: http://xxgk.mca.gov.cn/n1360/79944.html

The Ministry of Civil Affairs' Notice on the Publication of the "Measures On Registration Management Organs' Acceptance Of Complaints And Reports About Social Organizations (Provisional)"
Civil Affairs Release (2016) No 139

Civil Affairs Offices (Bureaus) of all provinces, autonomous regions and directly governed municipalities, civil affairs bureaus of cities with independent planning status, and the Civil Affairs Bureau and Archives Bureau of the Xinjiang Production and Construction Corps:

These "Measures On Registration Management Organs' Acceptance Of Complaints And Reports About Social Organizations (Provisional)" have been passed through deliberation by the Minister's Committee, and are hereby released to you; please fully implement them in light of actual conditions. If there are any questions and suggestions in implementation, please promptly report them to our department.
Ministry of Civil Affairs
August 15, 2016

Article 1: These measures are formulated on the basis of the "Charity Law of the People's Republic of China", the "Regulations On The Registration and Administration of Social Groups", the "Regulations on The Registration and Administration of Foundations", the "Provisional Regulations on The Registration and Administration of Civil Non-Enterprise Units", and other such as laws and relevant policies, so as to standardize the acceptance of complaints and reports by registration management organs for social organizations, (hereinafter simply "registration management organs") and advance the establishment of standardized enforcement.

Article 2: These Measures apply to registration management organs' acceptance and handling of complaints and reports about suspected conduct violating laws and regulations on registration and management of social organizations or unlawful social organization activities.

Article 3: Civil affairs departments of people's government at the county level or above are responsible for the work of accepting, investigating, and handling complaints and reports about social organizations they registered having conduct violating laws and regulations.

Article 4: The work of accepting, investigating, and handling complaints and reports about unlarful social organization activites is the responsibility of the registration management organs for the county (city, region, banner) where the unlawful conduct occurred.

Where two or more registration management organs are involved, the registration management organs for the common level above them both or other designated relevant registration management organs are responsible.

Article 5: The acceptance of complaints and reports shall adhere to the principles of lawfulness, justice, timeliness, and convenience.

Article 6: Registration management organs shall public announce channels for complaints and reports, and facilitate those making complaints and reports (hereinafter informants) .

Article 7: Advocate for real name reporting. Where informants are unwilling to provide their personal information or unwilling to disclose their complaint or reporting, this shall be respected.

Article 8: Registration management organs shall appropriately store original materials from complaints and reports.

Complaints and reports by telephone may be recorded or logged, and based on the circumstances, the informant may also be invited in for an in person talk, or it may be suggested they submit written materials.

Complaints and reports by post shall be individually opened and read, keeping the postmark, address, and materials inside the envelope intact.

Where email or fax are used for complaints or reports, the content shall be kept intact, and there must be no revision of the text.

Where complaints or reports are made in person, they shall be received and, based on the circumstances, recommend providing written materials.

Where complaints or reports are made through other means, consult the provisions above.

Article 9: Registration management organs shall register complaints and reports, with the principle content being: the informant's name (designation), contact methods, the time and method of the complaint or report, the subject and main matters in the complaint or report, and so forth.

Article 10: Registration management organs are to accept complaints or reports that simultaneously meet the following conditions:

(1) have a clear subject of the complaint or report;

(2) Have specific facts, evidence or clear leads on violations of laws and regulations on registration and management of social organizations

(3) Are within the scope of registration management organs' duties and jurisdiction.

Article 11: Registration management organs are not to accept complaints or reports with any of the following circumstances:

(1) are not eligible under article 10 of these Measures;

(2) The matter of the complaint or report has already been lawfully handled, and without new evidence or new leads, the informant repeats the complaint or report on the same matter or grounds;

(3) Those that should be resolved through litigation, arbitration, administrative reconsiderations, or other channels provided by law, or has already entered the procedures described above.

(4) Other circumstances where it should not be accepted in accordance with law.

Where a complaint or report simultaneously has content that should be accepted and should not be accepted and is may be separately addressed, do not accept the contents that should not be accepted.

Where matters in a complaint or report are currently being investigated and handled, and the same informant make a duplicate complaint or report on the same matter, they shall be informed that it is currently being investigated and handled.

Article 12: Registration management organs shall lawfully investigate and verify complaints and reports the accept, and promptly inform the informant of the disposition outcome either orally or in writing (including digital messages), except where the informants identify or contact information is unknown or where the disposition outcome is unclear. Where the subject of the complaint or report is given an administrative punishment, the administrative punishment outcome shall be publicly announced in accordance with law.

Where during investigation and verification it is discovered that the conduct of the subject of the complaint or report, or a related organization or individual, is a suspected crime, the relevant leads and evidence shall be promptly submitted to a justice organ.

Article 13: Registration management organs shall promptly transfer complaints and reports that are not within their jurisdiction to a registration management organ with jurisdiction, or inform the informant of the name of that organ.

For complaints and reports that are not with a registration management organ's scope of duties, they shall promptly transfer to the other department where the competent department can be determined, or inform the informant of the name of that department; and where it cannot be determined, they shall explain the situation to the informant. For complaints and reports that are not with a registration management organ's scope of duties, they shall promptly transfer to the other department where the competent department can be determined, or inform the informant of the name of that department; and where it cannot be determined, they shall explain the situation to the informant.

Article 14: Registration management organs shall protect the lawful rights and interests of informants in accordance with law, and must not disclose information about informants.

Article 15: Where upon review and verification of leads from complaints and reports, registration management organs lawfully make administrative punishments against the subject of the complaint or report, they may give a definite award to informants who actively provided the complaint or report, or who assisted in investigating and handling the case.

Article 16: All levels of registration management organs shall periodically statically analyze the handling of complaints and reports.

Article 17: Where, in the course of work on accepting complaints and reports, the relevant personnel from registration management organs abuse their power, distort the law for personal gain, or derelict their duty, they are to be given criticism and education or administrative punishments, in light of the severity of the situation; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 18: The Ministry of Civil Affairs is responsible for interpreting these Measures.

Article 19: These Measures take effect on September 1, 2016.