Law of the People's Republic of China on Donations for Public Welfare
Law of the People's Republic of China on Donations for Public Welfare
Law of the People's Republic of China on Donations for Public Welfare
Order of the President No. 19
June 28, 1999
(Adopted at the 10th Meeting of the Standing Committee of the Ninth National People's Congress on June 28, 1999 and promulgated by Order of the President No. 19 on June 28, 1999)
Contents
Chapter I General Provisions
Chapter II Making and Accepting a Donation
Chapter III Use and Control of Property donated
Chapter IV Preferential Measures
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of encouraging donating, regulating the making and accepting of a donation, protecting the lawful rights and interests of the donor, donee and beneficiary and promoting the development of public welfare undertakings.
Article 2 This Law shall be applicable where any natural person, legal person or organization, for the benefit of public welfare, voluntarily donates property gratis to any legally formed community public welfare organization or nonprofit public welfare institution.
Article 3 For purposes of this Law, the term "public welfare" includes the following nonprofit activities:
1. activities by community groups or individuals in disaster relief or poverty relief, or in giving assistance to the disabled;
2. educational, scientific, cultural, public health and sports services;
3. environmental protection and public utility construction; and
4. other public and welfare services to promote social development and progress.
Article 4 Donation shall be made voluntarily and gratis. Any allocation of donations by compulsion or in disguised form shall be prohibited and no profit-making activity may be conducted in the name of donation.
Article 5 The donor's wishes for the use of property donated shall be respected and such property shall be used in conformity with public welfare purposes and may not be used for any other purposes.
Article 6 Donation shall be made in compliance with laws and regulations, not against the code of social conduct, nor to the detriment of public interests and the lawful rights and interests of other.
Article 7 The property donated to community public welfare organizations and its added value are public property and shall be protected by State laws. No unit or individual may seize, misappropriate or damage it.
Article 8 The State promotes the development of public welfare undertakings, and it supports and gives preferential treatment to community public welfare organizations and nonprofit public welfare institutions.
The State encourages natural persons, legal persons or organizations to donate to public welfare.
Any natural person, legal person or organization that makes prominent contribution to donation for public welfare shall be cited by the people's government or the department concerned.
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