The establishment of charitable organizations may be takenRegistrationwithIdentificationTwo ways. (1) Application for registration and designation conditions: 1.
Application for registration and recognition conditions
(1) Requirements for applying for registration1.According to the organizational form of ** association, social group or social service organization (private non-enterprise unit) selected by the applicant, the initiator is required to submit application materials in accordance with the conditions stipulated in the "Regulations on the Administration of ** Meeting", "Regulations on the Registration and Administration of Social Groups" and "Interim Regulations on the Registration and Administration of Private Non-enterprise Units". The application materials shall clearly state the following contents: the application for establishment shall clearly state the intention to establish a charitable organization, as well as an explanation of the organization's compliance with the purpose and scope of business of the charitable organization as provided for in the Charity Law; In the chapter on the management and use of assets in the charter, provisions on the project management system (Annex 1) should be added, and in the chapter on termination and disposal of residual assets, the provision that "the remaining property after liquidation shall be transferred to charitable organizations with the same or similar purposes in accordance with the provisions of the charter, and if there are no provisions in the charter, the civil affairs department shall transfer it to the same or similar charitable organization, and make an announcement to the public". 2.The responsible person shall comply with the provisions of article 16 of the "Charity Law", that is, there are no of the following circumstances: (1) they have no or limited capacity for civil conduct; (2) Where they have been sentenced to a criminal punishment for an intentional crime, and 5 years have not yet elapsed since the completion of the criminal punishment; (3) Serving as a responsible person in an organization whose registration certificate has been revoked or that has been banned, and 5 years have not yet elapsed since the date on which the organization's registration certificate was revoked or banned; (4) Other circumstances provided for by laws and administrative regulations. Refer to the law.
Charity LawArticle 10: The establishment of charitable organizations shall apply for registration with the people's ** civil affairs departments at the county level or above, and the civil affairs departments shall make a decision within 30 days of accepting the application. where the requirements provided for in this Law are met, registration is approved and an announcement is made to the public; Where the requirements provided for in this Law are not met, registration is not to be made and the reasons are to be explained in writing.
Article 16: In any of the following circumstances, they must not serve as the responsible person for a charitable organization:
1) They have no or limited capacity for civil conduct;
(2) Where they have been sentenced to a criminal punishment for an intentional crime, and 5 years have not yet elapsed since the completion of the criminal punishment;
(3) Serving as a responsible person in an organization whose registration certificate has been revoked or that has been banned, and 5 years have not yet elapsed since the date on which the organization's registration certificate was revoked or banned;
(4) Other circumstances provided for by laws and administrative regulations.
"Notice of the Ministry of Civil Affairs on Issues Concerning the Registration of Charitable Organizations".(Civil Letter 2016 No. 240).
I. Registration management organs shall accept applications for the establishment of charitable organizations in accordance with the provisions of articles 8 and 10 of the "Charity Law", and require the founders to submit application materials in accordance with the requirements provided for in the relevant registration management regulations on the basis of the organizational form of the ** association, social group, or social service organization (private non-enterprise unit) chosen by the applicant. The application materials shall clearly state the following contents: the application for establishment shall clearly state the intention to establish a charitable organization, as well as an explanation of the organization's compliance with the purpose and scope of business of the charitable organization as provided for in the Charity Law; In the chapter on the management and use of assets in the charter, provisions on the project management system (Annex 1) should be added, and in the chapter on termination and disposal of residual assets, the provision that "the remaining property after liquidation shall be transferred to charitable organizations with the same or similar purposes in accordance with the provisions of the charter, and if there are no provisions in the charter, the civil affairs department shall transfer it to the same or similar charitable organization, and make an announcement to the public".
II. Registration management organs shall conduct a review on the basis of article 9 of the "Charity Law" and the requirements provided for in the relevant regulations on the management of registration, and the time limit for examination and approval shall meet the requirements of article 10 of the "Charity Law", and the responsible person shall comply with the provisions of article 16 of the "Charity Law".
(2) Designation requirements
* Associations, social groups, and social service organizations applying for designation as charitable organizations shall meet the following requirements:
1.Appropriate at the time of applicationRegistration of social organizations as legal personsItem;
2.toCarry out charity activitiesThe purpose of action is to comply with the provisions of Article 3 of the Charity Law; The annual expenditure and management expenses of charitable activities in the previous year at the time of application comply with the Provisions of the Ministry of Finance, the State Administration of Taxation and the Ministry of Civil Affairs on the Annual Expenditure and Management Expenses of Charitable Activities Carried out by Charitable Organizations (Min Fa 2016 No. 189);
Not for profit, the proceeds and operating balances are used for charitable purposes as specified in the Articles of Association; the property and its fruits have not been distributed among the promoters, donors or members of the organization; There are provisions in the charter regarding the transfer of surplus assets to other charitable organizations with the same or similar purpose;
4.There are sound onesFinancial systemand reasonableRemuneration system
5.Other conditions stipulated by laws and administrative regulations.
Refer to the law. Charity LawArticle 10: Non-profit organizations such as ** associations, social groups, and social service organizations that have already been established before the promulgation of this Law may apply to the civil affairs department where they are registered for designation as charitable organizations, and the civil affairs department shall make a decision within 20 days of accepting the application. where the requirements for charitable organizations are met, they are to be designated and announced to the public; Where the requirements for charitable organizations are not met, the designation is not to be made and the reasons are to be explained in writing.
Where there are special circumstances that require an extension of the registration or designation period, it may be appropriately extended upon approval by the civil affairs department, but the extended period must not exceed 60 days.
Measures for the Designation of Charitable OrganizationsArticle 4: ** Associations, social groups, and social service organizations applying for designation as charitable organizations shall meet the following requirements: (1) At the time of application, they have the corresponding requirements for registration as a social organization legal person; (2) The purpose is to carry out charitable activities, and the scope of operations complies with the provisions of article 3 of the "Charity Law"; The annual expenditure and management expenses of charitable activities in the previous year at the time of application comply with the provisions of the civil affairs department on charitable organizations;
3) Not for profit, and all proceeds and operating balances are used for charitable purposes as provided for in the charter; the property and its fruits have not been distributed among the promoters, donors or members of the organization; There are provisions in the charter regarding the transfer of surplus assets to other charitable organizations with the same or similar purpose; (4) Have a sound financial system and a reasonable remuneration system;
5) Other conditions provided for by laws and administrative regulations.
Two. Application Materials
Applications for designation as charitable organizationsYesThe following materials shall be submitted to the civil affairs departments: 1Application
2.Comply with the provisions of Article 4 of these Measures and there are no circumstances listed in Article 5Written commitments
3.Formed by convening a meeting in accordance with the provisions of Article 6 of these MeasuresMeeting Minutes
Applications for designation as charitable organizationsSocial organizations, social service machinesstructureIn addition to the materials provided for in the preceding paragraph, the following materials shall also be submitted to the civil affairs departments: 1Circumstances such as the reasons for the application, the purpose of the charity, and the carrying out of charitable activitiesDescription
2.Issued by a certified public accountantFinancial audit report for the previous yearSpecial audits including annual expenditures and management expenses for charitable activities.
Where there is a professional supervisory unit, it shall also be submitted to the professional supervisory unit for consentSupporting materials
Refer to the law. Measures for the Designation of Charitable OrganizationsArticle 7: The following materials shall be submitted to the civil affairs departments for the ** meeting applying for designation as a charitable organization:
1) Application form;
2) Written commitments that comply with the provisions of Article 4 of these Measures and do not exist under the circumstances listed in Article 5;
3) The minutes of the meeting formed by the meeting convened in accordance with the provisions of Article 6 of these Measures.
In addition to the materials provided for in the preceding paragraph, social groups and social service organizations applying for designation as charitable organizations shall also submit the following materials to the civil affairs departments:
1) An explanation of the reasons for the application, the purpose of the charity, and the carrying out of charitable activities;
2) The financial audit report of the previous year issued by a certified public accountant, including a special audit of the annual expenditure and management expenses of charitable activities.
Where there is a professional supervisory unit, supporting materials for the professional supervisory unit's consent shall also be submitted.
Three.
Registration Recognition process
The establishment of charitable organizations shall apply for registration with the people's ** civil affairs department at the county level or above, and the civil affairs department shall take the date on which the application is acceptedThirty daysto make a decision. where the requirements provided for in this Law are met, registration is approved and an announcement is made to the public; Where the requirements provided for in this Law are not met, registration is not to be made and the reasons are to be explained in writing.
Non-profit organizations such as ** associations, social groups, and social service organizations that have already been established before the promulgation of this Law may apply to the civil affairs department where they are registered for designation as charitable organizations, and the civil affairs department shall take the date on which they accept the applicationTwenty daysto make a decision. where the requirements for charitable organizations are met, they are to be designated and announced to the public; Where the requirements for charitable organizations are not met, the designation is not to be made and the reasons are to be explained in writing.
Where there are special circumstances that require an extension of the registration or designation period, it may be appropriately extended upon approval by the civil affairs department, but the extended period must not be exceededSixty days。SpecificFlowchartAs follows:
Refer to the law. Charity LawArticle 9: Charitable organizations shall meet the following requirements: (1) The purpose is to carry out charitable activities; (2) Not for profit-making purposes; (3) have their own name and domicile; (4) Have an organizational charter; (5) have the necessary property; (6) There are qualified organizational structures and responsible persons; (7) Other conditions provided for by laws and administrative regulations. Article 10 of the "Charity Law" The establishment of charitable organizations shall apply for registration with the people's ** civil affairs department at the county level or above, and the civil affairs department shall make a decision within 30 days of accepting the application. where the requirements provided for in this Law are met, registration is approved and an announcement is made to the public; Where the requirements provided for in this Law are not met, registration is not to be made and the reasons are to be explained in writing. Non-profit organizations such as ** associations, social groups, and social service organizations that have already been established before the promulgation of this Law may apply to the civil affairs department where they are registered for designation as charitable organizations, and the civil affairs department shall make a decision within 20 days of accepting the application. where the requirements for charitable organizations are met, they are to be designated and announced to the public; Where the requirements for charitable organizations are not met, the designation is not to be made and the reasons are to be explained in writing. Where there are special circumstances that require an extension of the registration or designation period, it may be appropriately extended upon approval by the civil affairs department, but the extended period must not exceed 60 days.
Measures for the Designation of Charitable OrganizationsArticle 5: In any of the following circumstances, it is not to be designated as a charitable organization: (1) There are circumstances that laws, regulations, and national policies provide that they must not serve as the responsible person for a charitable organization; (2) Received an administrative punishment within two years prior to the application; (3) They were entered into the abnormal directory by the civil affairs departments at the time of application; (4) Other violations of laws, regulations, or national policies. 
2024 Book of Answers