Decision of the Standing Committee of the Sichuan Provincial People's Congress on Amending the Regulations on Overseas Chinese Donations in Sichuan Province (2015)

I. Revise Article 1 to read: "In order to encourage and regulate the behavior of donations by overseas Chinese, protect the legitimate rights and interests of the parties involved, and promote the development of public welfare undertakings, according to the Law of the People's Republic of China on Donations to Public Welfare Undertakings and other laws and regulations, and in conjunction with the actual situation in Sichuan Province, the formulation of these regulations." Second, the second amended to read: "Overseas Chinese, overseas Chinese social organizations, overseas Chinese investment enterprises (hereinafter referred to as the donor) voluntarily and free of charge to the Sichuan lawfully established public welfare organizations and public welfare non-profit institutions (hereinafter referred to as the donee) to donate property for public welfare undertakings, the application of these regulations." Third, the first paragraph of Article 3 is amended to read: "public welfare undertakings refers to the following non-profit matters: disaster relief, relief of poverty, support for the disabled and other difficult social groups and individuals activities; education, science and technology, culture and art, medical care, health, sports; environmental protection, social public **** facilities construction; promote social development and progress of other social welfare undertakings. " Fourth, the first paragraph of Article 4 was amended to read: "the provincial people's government department in charge of overseas Chinese administrative affairs is the province's administrative guidance, supervision and management of the work of overseas Chinese donations; local people's governments at or above the county level is responsible for the implementation of these regulations, to participate in the supervision of the use and management of donated property."

To amend the second paragraph of Article 4 to read: "The relevant departments of the local people's governments at all levels shall, in accordance with their respective responsibilities, *** with the work related to the affairs of overseas Chinese donations." Fifth, will be amended to Article V: "donations should adhere to the principle of voluntary, gratuitous and respect for the wishes of the donor. Prohibit persuasion, forced distribution or disguised distribution. Shall not engage in profit-making activities in the name of donation." Sixth, will be amended to Article VI: "Donations should comply with laws and regulations. Donations are protected by state law. No unit or individual shall not embezzlement, misappropriation, misappropriation, destruction of donations." Seven, the first paragraph of Article VIII adjusted to Article VII, amended to read: "The donor has the right to decide the donee and the donation of property in the manner, quantity, purpose, the right to supervise the use of donated property, the right to designate the supervisor of donated property." Eight, the first paragraph of Article 7 shall be deleted. The second paragraph into the first paragraph of Article 8, amended to read: "in the event of natural disasters or in accordance with the requirements of the donor, the local people's government at or above the county level and its departments can accept donations for the public welfare, but shall not be benefited by this organ."

Add a paragraph as the second paragraph of Article 8: "local people's governments above the county level and their departments to accept non-directional donations, should be donated in kind donated to public welfare organizations or public welfare non-profit institutions, will be donated monetary donations into the management of non-tax revenue collection according to law; acceptance of directional donations, should be in accordance with the donor agreement or donor Requirements for allocation or distribution, and management and supervision of the donation program. Required work expenses in accordance with state regulations, shall not be deducted from the donation." Nine, will be changed from Article 8 to Article 9, the first paragraph is amended to read: "The donor and the donee can enter into a donation agreement. Donation agreement may include the type, quality, quantity, use, mode, acceptance, information disclosure, change of use and disposal of donated property."

The second paragraph and the second paragraph of Article 14 combined, amended to read: "the donor donated property to build public welfare projects, the donor and the donee should be in the agreement on the funding, construction, management and use of the project. Upon completion of the project, the donee shall be the construction of the project to the donor in writing. Donee or project use unit shall do a good job of project maintenance, management." Ten, will be changed from Article 9 to Article 10, the first paragraph is amended to read: "the local people's government at or above the county level, the administrative department of overseas Chinese affairs shall assist the donor to handle the relevant formalities for the donor to implement the donation project to provide assistance."

The second paragraph was amended to read: "the donor donated imported materials, by the donee in accordance with the relevant provisions of the state for entry formalities; which involves the implementation of the national license management of goods, by the donee in accordance with the relevant provisions of the state for license application formalities."

The third paragraph is deleted. Eleven, Article 10, Article 11 combined into Article 11, amended to read: "The donee shall promptly report in writing to the competent administrative department for overseas Chinese affairs of the people's government at or above the county level on the situation of the donee and the use of funds, and at the same time report to the competent department of its business." Twelve, Article 12 shall be amended to read: "The donee shall, after accepting the donation, issue legal and valid vouchers to the donor, and keep a register, use and manage the property in accordance with the relevant provisions of the state, and publicize the use and management of the donated property, and accept the supervision of the society." Thirteen, the first paragraph of Article 14 shall be deleted, the second paragraph adjusted to Article 9, paragraph 2, the third paragraph is divided into two paragraphs, amended to read: "donated public welfare projects completed, by the local people's government at or above the county level, the local people's government of the overseas Chinese administrative department of overseas Chinese donations to build public welfare projects issued by the certificate of confirmation, and registration and management.

"Donated public welfare projects should be strictly managed, shall not be unauthorized change of use or demolition, demolition. Due to urban and rural construction, social undertakings, planning, layout and other reasons really need to demolish, removal and overseas Chinese donations of public welfare buildings or change the use of the grantee or the project should be used to consult the donor's views and suggestions in advance, to safeguard the legitimate rights and interests of the donor. There is a donation agreement agreement, according to the agreement, there is no agreement in accordance with the relevant provisions of the state to be dealt with, and at the same time to the local people's government at or above the county level of the local people's government of overseas Chinese affairs administrative departments to report in writing."