Public welfare social organizations refer to foundations, charitable organizations and other social organizations established according to law for the purpose of developing public welfare undertakings.
Public welfare and non-profit institutions refer to educational institutions, scientific research institutions, medical and health institutions, social and cultural institutions, public sports institutions and social welfare institutions established in accordance with the law to engage in public welfare undertakings. Article 4 The overseas Chinese affairs administrative department of the provincial people's government is the administrative guidance, supervision and management department of overseas Chinese donations in the province; The overseas Chinese affairs administrative department of the local people's government at or above the county level shall be responsible for the implementation of these regulations and participate in the supervision of the use and management of donated property.
Relevant departments of local people's governments at all levels shall, according to their respective responsibilities, do a good job in overseas Chinese donation. Article 5 Donations shall follow the principles of voluntariness, free of charge and respect for the wishes of donors. It is forbidden to persuade, forcibly apportion or apportion in disguised form. Do not engage in profit-making activities in the name of donation. Article 6 Donations shall comply with laws and regulations. Donations are protected by national laws. No unit or individual may embezzle, misappropriate, occupy or damage donated funds and materials. Chapter II Donation and Donation Article 7 Donors have the right to decide the recipients and the ways, quantities and uses of donated property, supervise the use of donated property, and designate supervisors of donated property. Article 8 In case of natural disasters or at the request of donors, local people's governments at or above the county level and their departments may accept donations from public welfare undertakings, but they may not take their own organs as beneficiaries.
When the local people's governments at or above the county level and their departments accept non-directional donations, they shall transfer the donations in kind to public welfare social organizations or public welfare non-profit institutions, and bring the donated monetary donations into the management of non-tax revenue collection according to law; Receiving directional donations shall be distributed or distributed according to the donation agreement or the requirements of the donors, and the donated projects shall be managed and supervised. The required work funds shall be spent according to the provisions of the state and shall not be deducted from the donation. Article 9 A donor and a recipient may conclude a donation agreement. The donation agreement may include the type, quality, quantity, use, method, acceptance, information disclosure, change of use and disposal of the donated property.
If the donor donates property to build a public welfare project, the donor and the donee shall make an agreement on the fund, construction, management and use of the project in the agreement. After the completion of the project, the donee shall notify the donor in writing of the project construction. The donee or the project user shall do a good job in the maintenance and management of the project.
Donors and recipients shall fulfill the donation agreement according to law. Article 10 The overseas Chinese affairs administrative department of the local people's government at or above the county level shall assist the donor in handling the relevant procedures and provide assistance to the donor in implementing the donation project.
Imported materials donated by donors shall go through entry formalities by the donee in accordance with the relevant provisions of the state; For articles subject to license management by the state, the donee shall go through the license application procedures in accordance with the relevant provisions of the state. Article 11 The donee shall promptly report the donation and the use of funds in writing to the overseas Chinese affairs administrative department of the people's government at or above the county level, and report to the competent business department. Article 12 After accepting the donation, the donee shall issue legal and valid vouchers to the donor, register them, use and manage them in accordance with the relevant provisions of the state, publicize the use and management of the donated property, and accept social supervision. Thirteenth public welfare social organizations should use the donated property to finance activities and undertakings that meet their purposes.
Public welfare and non-profit institutions shall use the donated property for the development of public welfare undertakings and shall not misappropriate it. Fourteenth after the completion of the donated public welfare projects, the overseas Chinese affairs administrative department of the local people's government at or above the county level where the project is located shall issue a confirmation certificate of overseas Chinese donating to set up public welfare projects, and register and manage it.
Donated public welfare projects shall be strictly managed, and shall not be changed or dismantled without authorization. If it is really necessary to dismantle, merge or change the use of public welfare buildings donated by overseas Chinese due to urban and rural construction, planning and layout of social undertakings, the donee or project user shall solicit the opinions and suggestions of the donor in advance to safeguard the legitimate rights and interests of the donor. If there is a donation agreement, it shall be handled according to the agreement; If there is no agreement, it shall be handled in accordance with the relevant provisions of the state, and a written report shall be made to the overseas Chinese affairs administrative department of the local people's government at or above the county level.