The draft amendment to the Charity Law has been submitted for review by the Standing Committee of the National People's Congress to promote the standardized development of individual online service platforms for seeking help

2023-12-26

The draft amendment to the Charity Law was submitted for review at the 7th meeting of the Standing Committee of the 14th National People's Congress on the 25th. The third review of the draft further establishes and improves the regulatory system for individual help seeking online service platforms, promoting their standardized and orderly development. Personal help seeking online service platforms have played a positive role in helping seriously ill patients raise medical expenses, but there are also some irregularities in practice that affect the platform's credibility and even the development of charitable causes. The draft clearly stipulates that platforms engaged in personal help seeking online services shall be designated by the civil affairs department of the State Council to verify the authenticity of the help seeking information published through them. Specific management measures shall be formulated separately by the civil affairs department of the State Council in conjunction with the departments of cyberspace, industry, and information technology. Some standing committee members, departments, and the general public have proposed to further strengthen the responsibilities of charitable organizations with public fundraising qualifications in cooperative fundraising. The draft clearly states that organizations or individuals without public fundraising qualifications are not allowed to conduct public fundraising in their own names; Charity organizations with public fundraising qualifications shall sign written agreements with their partners in accordance with the law, and provide guidance and supervision on the relevant behaviors of the partners; Charity organizations with public fundraising qualifications are responsible for financial accounting and management of the funds and materials raised through cooperation, and all income and expenses are included in their accounts. At the same time, improve corresponding legal responsibilities. The current Charity Law does not have clear requirements for the cost of charitable donations. In practice, some charitable organizations have excessively high fundraising costs. The draft stipulates that charitable organizations should follow the principle of the most necessary fundraising cost and fully and efficiently utilize charitable assets; The cost standards for fundraising shall be formulated by the civil affairs department of the State Council in conjunction with the finance, taxation and other departments. If a charity organization engages in illegal activities such as private division, misappropriation, interception, or misappropriation of charitable property, in addition to punishing the charity organization, the draft also increases the punishment for relevant responsible personnel. It is clear that if the circumstances are serious, the directly responsible supervisor and other directly responsible personnel are prohibited from serving as the management personnel of the charity organization for one to five years. (Lai Xin She)

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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