Regulation on the Administration of Foundation
Regulation on the Administration of Foundation
Regulation on the Administration of Foundation
Order of the State Council [2004] No. 400
March 8, 2004
The Regulation on the Administration of Foundation, which was adopted at the 38th executive meeting of the State Council on February 4, 2004, is hereby promulgated, and shall be implemented as of June 1, 2004.
Premier: Wen Jiabao
Regulation on the Administration of Foundation
Chapter I General Provisions
Article 1 This Regulation is hereby formulated for the purpose of regulating the organization and activities of foundations, maintaining the legal rights and interests of foundations, donors, and beneficiaries, and encouraging public organizations to participate in welfare provision.
Article 2 The "foundation" as mentioned in this Regulation, refers to non-profit legal persons who, in accordance with this Regulation, make use of the property donated by natural persons, legal persons, or other organizations with the purpose of pursuing welfare undertakings.
Article 3 Foundations shall be divided into those that solicit contributions from the general public (hereinafter referred to as public offering foundations) and those that are prohibited from soliciting contributions from the general public (hereinafter referred to as the non-public offering foundation). Public offering foundations shall be divided into national public offering foundations and regional public offering foundations according to the scope of their contribution collection areas.
Article 4 Foundations must abide by the Constitution of the People's Republic of China, laws, statutes, regulations, and State policy, and shall not endanger national security, unity, and solidarity, nor breach social morality.
Article 5 Foundations shall engage in the welfare activities according to their charters, and follow the principle of openness and transparency.
Article 6 The Department of Civil Affairs of the State Council and the departments of civil affairs of the People's Governments of the Provinces, Autonomous Regions, and Municipalities directly under the Central Government are the administrative departments responsible for foundation registration.
The Department of Civil Affairs of the State Council shall be responsible for administering the registration of the following foundations and representative offices of foundations:
1. National public offering foundations;
2. Foundations whose legal representative is a non-mainland resident;
3. Non-public offering foundations whose original fund is over CNY20 million, and the initiators have filed application for establishment to the department of civil affairs of the State Council; and
4. Representative offices established by overseas foundations located in mainland China.
The Departments of Civil Affairs of the People's Governments of the Provinces, Autonomous Regions, and Municipalities directly under the Central Government shall be in administrative charge of the registration of regional public offering foundations and non-public offering foundations not falling within the scope of the conditions listed in the preceding paragraph within their own administrative regions.
Article 7 The relevant Departments of the State Council or the organizations authorized by the State Council shall act as business supervisory authorities of the foundations that are registered at the Department of Civil Affairs of the State Council, and the representative offices of overseas foundations.
The relevant department of the People's Governments of Provinces, Autonomous Regions, and Municipalities directly under the Central Government or the organizations authorized by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are the business supervisory authorities of the foundations that are registered at the Departments of Civil Affairs of the People's Governments of Provinces, Autonomous Regions, and Municipalities directly under the Central Government.
Chapter II Establishment, Alteration and Cancellation
Article 8 The following conditions shall be met in establishing a foundation:
1. Establishment of a particular welfare purpose;
2. The original fund of a national public offering foundation shall be no less than CNY8 million. The original fund of a regional public offering foundation shall be no less than CNY4 million. The original fund of the non-public offering foundation shall be no less than CNY2 million. The original fund shall be the currency capital having reached accounts;
3. Existence of a normative name, charter, organization and full-time staff together with their respective tasks;
4. Location at a fixed residence; and
5. Capacity to bear civil liabilities independently.
Article 9 An applicant shall submit the following documents to the administrative department responsible for registration when applying to establish a foundation:
1. Application form;
2. Draft of charter;
3. Certificate of capital verification and certificate of residence;
4. Name list of directors, ID certification and resumes of the proposed director, vice-director, or secretary; and
5. Documents of approval from the business supervisory authority.
Article 10 The charter of a foundation shall clarify the welfare character of the foundation, and shall not specify contents that are beneficial to any particular natural person, legal person, or other organization.
The following matters concerned shall be specified in the charter of a foundation:
1.
......
Order of the State Council [2004] No. 400
March 8, 2004
The Regulation on the Administration of Foundation, which was adopted at the 38th executive meeting of the State Council on February 4, 2004, is hereby promulgated, and shall be implemented as of June 1, 2004.
Premier: Wen Jiabao
Regulation on the Administration of Foundation
Chapter I General Provisions
Article 1 This Regulation is hereby formulated for the purpose of regulating the organization and activities of foundations, maintaining the legal rights and interests of foundations, donors, and beneficiaries, and encouraging public organizations to participate in welfare provision.
Article 2 The "foundation" as mentioned in this Regulation, refers to non-profit legal persons who, in accordance with this Regulation, make use of the property donated by natural persons, legal persons, or other organizations with the purpose of pursuing welfare undertakings.
Article 3 Foundations shall be divided into those that solicit contributions from the general public (hereinafter referred to as public offering foundations) and those that are prohibited from soliciting contributions from the general public (hereinafter referred to as the non-public offering foundation). Public offering foundations shall be divided into national public offering foundations and regional public offering foundations according to the scope of their contribution collection areas.
Article 4 Foundations must abide by the Constitution of the People's Republic of China, laws, statutes, regulations, and State policy, and shall not endanger national security, unity, and solidarity, nor breach social morality.
Article 5 Foundations shall engage in the welfare activities according to their charters, and follow the principle of openness and transparency.
Article 6 The Department of Civil Affairs of the State Council and the departments of civil affairs of the People's Governments of the Provinces, Autonomous Regions, and Municipalities directly under the Central Government are the administrative departments responsible for foundation registration.
The Department of Civil Affairs of the State Council shall be responsible for administering the registration of the following foundations and representative offices of foundations:
1. National public offering foundations;
2. Foundations whose legal representative is a non-mainland resident;
3. Non-public offering foundations whose original fund is over CNY20 million, and the initiators have filed application for establishment to the department of civil affairs of the State Council; and
4. Representative offices established by overseas foundations located in mainland China.
The Departments of Civil Affairs of the People's Governments of the Provinces, Autonomous Regions, and Municipalities directly under the Central Government shall be in administrative charge of the registration of regional public offering foundations and non-public offering foundations not falling within the scope of the conditions listed in the preceding paragraph within their own administrative regions.
Article 7 The relevant Departments of the State Council or the organizations authorized by the State Council shall act as business supervisory authorities of the foundations that are registered at the Department of Civil Affairs of the State Council, and the representative offices of overseas foundations.
The relevant department of the People's Governments of Provinces, Autonomous Regions, and Municipalities directly under the Central Government or the organizations authorized by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are the business supervisory authorities of the foundations that are registered at the Departments of Civil Affairs of the People's Governments of Provinces, Autonomous Regions, and Municipalities directly under the Central Government.
Chapter II Establishment, Alteration and Cancellation
Article 8 The following conditions shall be met in establishing a foundation:
1. Establishment of a particular welfare purpose;
2. The original fund of a national public offering foundation shall be no less than CNY8 million. The original fund of a regional public offering foundation shall be no less than CNY4 million. The original fund of the non-public offering foundation shall be no less than CNY2 million. The original fund shall be the currency capital having reached accounts;
3. Existence of a normative name, charter, organization and full-time staff together with their respective tasks;
4. Location at a fixed residence; and
5. Capacity to bear civil liabilities independently.
Article 9 An applicant shall submit the following documents to the administrative department responsible for registration when applying to establish a foundation:
1. Application form;
2. Draft of charter;
3. Certificate of capital verification and certificate of residence;
4. Name list of directors, ID certification and resumes of the proposed director, vice-director, or secretary; and
5. Documents of approval from the business supervisory authority.
Article 10 The charter of a foundation shall clarify the welfare character of the foundation, and shall not specify contents that are beneficial to any particular natural person, legal person, or other organization.
The following matters concerned shall be specified in the charter of a foundation:
1.
......