Circular of the Ministry of Civil Affairs on Issuing the Provisions on the Jurisdiction over Cases Involving Violations in Public Fundraising (for Trial Implementation)

Circular of the Ministry of Civil Affairs on Issuing the Provisions on the Jurisdiction over Cases Involving Violations in Public Fundraising (for Trial Implementation)
Circular of the Ministry of Civil Affairs on Issuing the Provisions on the Jurisdiction over Cases Involving Violations in Public Fundraising (for Trial Implementation)

Min Fa [2018] No.142

November 30, 2018

The civil affairs departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, the civil affairs bureaus of all cities specifically designated in the state plan, and the Civil Affairs Bureau of Xinjiang Production and Construction Corps,

The Provisions on the Jurisdiction over Cases Involving Violations in Public Fundraising (for Trial Implementation), deliberated and approved at the executive meeting of the minister of the Ministry of Civil Affairs, are hereby issued to you for your implementation in light of your actual situations. Any problems and suggestions in the implementation shall be timely reported.

Provisions on the Jurisdiction over Cases Involving Violations in Public Fundraising (for Trial Implementation)

Article 1 The Provisions are formulated in accordance with the Charity Law of the People's Republic of China, the Law of the People's Republic of China on Administrative Penalties, the Administrative Regulations on the Registration of Social Organizations, the Regulation on the Administration of Foundation, the Interim Administrative Regulations on the Registration of Private Non-enterprise Entities and other laws and regulations in order to clarify the jurisdiction over cases involving violations in public fundraising, investigate and deal with the relevant violations in a timely manner, and maintain the order of charitable fundraising management.

Article 2 For the purpose of the Provisions, cases involving violations in public fundraising include cases involving violations by charitable organizations with public fundraising qualifications in public fundraising activities, and cases of illegal public fundraising activities by charitable organizations without public fundraising qualifications or other social organizations, and cases of illegal public fundraising activities by organizations other than social organizations or individuals.

Article 3 Cases involving violations by charitable organizations with public fundraising qualifications in public fundraising activities, and cases of illegal public fundraising activities by charitable organizations without public fundraising qualifications or other social organizations shall be under the jurisdiction of the civil affairs departments with which such organizations are registered.

Article 4 A case of illegal public fundraising activity by an organization other than social organizations or an individual shall be under the jurisdiction of the civil affairs department of the people's government at the county level of the locality of the illegal activity, according to the following circumstances:
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