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Regulations of Shanghai Municipality on Overseas Chinese Contributions or Donations
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| (Adopted at the 35th Session of the Standing Committee of the 10th People's Congress of Shanghai Municipality on April 3,1997) Chapter One General Provisions Article 1 The present Regulations are formulated in accordance with the Constitution of the People's Repub1ic of China and other relevant laws and regulations of China, and after taking into consideration the actual circumstances of this municipality, with a view to strengthening the administration of handling overseas Chinese contributions or donations, protecting and stimulating the patriotic zeal and love for ancestral home of overseas Chinese, and promoting the building of socialist material civilization and spiritual civilization. Article 2 The term "overseas Chinese contributions or donations" in the present Regulations refers to the acts and activities of overseas Chinese, overseas Chinese organizations and overseas Chinese invested enterprises in the role of donors, voluntarily contributing or donating money or goods and of organizations in the role of donees accepting the money or goods and making use thereof. The goods contributed or donated shall be used for the advancement of cu1ture, education, science, technology, sports, public health, overseas Chinese affairs, environmental improvement and other causes for public well-being. Article 3 The term "organizations in the role of donee" or "donee organizations" in the present Regulations refers to the enterprises, institutions, social organizations and other social groups that accept or host the acceptance of contributions or donations or organizations that accept or host the acceptance of contributions or donations in the name of administrative departments. Article 4กค Overseas Chinese donations shall be carried out in line with the principles of voluntarism and full respect for the wish and intent of donors. Overseas Chinese contributions and donations shall be carried out in compliance with laws, regulations and relevant rules, and in accord with the needs of national economy and social development. Article 5 Overseas Chinese contributions and donations shall be protected by law, and no units or individual persons shall be allowed to misappropriate or embezzle the money or goods contributed or donated. Article 6 The department in charge of overseas Chinese affairs under the Municipal People's Government (hereinafter referred to as the "Municipal Overseas Chinese Affairs Office" ) is the administrative department in charge of the handling of overseas Chinese contributions or donations. The department in charge of overseas Chinese affairs under a District (County) People's Government (hereinafter referred to as "District (County) Overseas Chinese Affairs Office") is the administrative department in charge of the handling of overseas Chinese contributions or donations within its jurisdiction, and is subject to the guidance of the Municipal Overseas Chinese Affairs Office with respect to its work. The Municipal and District (County) Overseas Chinese Affairs Offices shall be responsible for the implementation of the present Regulations, and shall have the duty and responsibility to administer, guide, supervise and inspect the work with regard thereto. The relevant departments under the People's Government at all levels of this municipality shall, within their own terms of reference, lend assistance and cooperation in the implementation of the present Regulations. Article 7 The government departments, enterprises, state-owned institutions, social organizations, other social groups, and individual persons of this municipality shall abide by and carry out the present Regulations. Chapter Two Rights of the Donor Article 8 The donor shall have the right to decide the nature, the variety, quantity, amount, uses and prospective donee(s)of the money and goods contributed or donated. Article 9 The donor shall have the right to supervise and examine the use(s)of the money or goods contributed or donated by the donor. The donor shall have the right to make personal checks on the project which the donor has donated or to authorize the Municipal and District (County) Overseas Chinese Affairs Office or other relevant unit or individual person to make checks thereon. The donor may also authorize an auditing agency to conduct auditing. With respect to acts that are against the donor's wish and intent, the donor shall have the right to make inquiries and to lodge complaints, whereupon the Municipal and District (County) Overseas Chinese Affairs Office or relevant higher authorities of the donee unit shall take action to rectify or otherwise deal with such acts. Article 10 The donor shall have the right to request that his/her name or other designated names be inscribed on his/her gift project. If the donor requests that his/her gift project shall bear his/her name, such a request must be approved by the District (County) People's Government or the Municipal People's Government. If the donor requests that a statue be set up in the donor's or another designated person's image, approval by the Municipal People's Government must be obtained. Chapter Three Treatment for Donations Article 11 A contribution or donation in foreign currency that will be used by the donee unit for making payments outside the territory of the People's Republic of China in accordance with the wish and intent of the donor shall be submitted to the Municipal Overseas Chinese Affairs Office for examination and approva1. When approval by the foreign exchange administrative authorities is obtained, a separate foreign currency account shall be opened at a designated bank, and the money shall be earmarked for its specified purposes only. Article 12 Among the goods contributed or donated that have been approved for importation and have passed customs inspection, that part that is entitled to tax reduction or exemption shall be administered in accordance with relevant provisions of the State laws and regulations by customs authorities, and the goods imported shall be subject to the supervision and inspection of the customs authorities. The donee unit shall not be allowed to transfer to a third party or sell the imported goods that are contributed or donated. When there is an actual need for their transfer to a third party or for sale, it shall only be done with the donor's consent as well as the approval of the original examination and approval authorities. If the period of the customs supervision and inspection has not yet expired, the transfer or sale requires the approval of the customs authorities according to the relevant provisions of the State laws and regulations. Article 13 Preferential tax treatment shall be awarded to overseas Chinese who contribute or donate their lawful profits earned from their investment(s) in enterprises in the municipality for purposes defined in the second Section of Article 2 of the present Regulations, after they present the certificate of contribution or donation issued by the Municipal Overseas Chinese Affairs Office, and after approval by the tax authorities is obtained. Article 14 To a gift project to which overseas Chinese have made contributions or donations and whose construction has been approved by the People's Government at any level, the planning department shall give priority in incorporating it into its plans and the relevant government departments shall lend their support and cooperation. Priority shall also be given to the requisition or use of land needed for such a project in accordance with the land administration laws and regulations of the State. Tax reduction or exemption to which such a construction project is entitled shall be administered in accordance with relevant laws and regulations. Article 15 The relevant departments may give encouragement and commendation to a donor that has made contributions or donations; and may confer an honorary title to one whose contributions are outstanding. Chapter Four Administration of Acceptance of Donations Article 16 In making contributions or donations, an Overseas Chinese donor shall express the intention to make a contribution or donation to the intended donee unit whereupon the latter shall report to the Municipal or District (County) Overseas Chinese Affairs Office through proper administrative channels. In case a donor decides to make a contribution or donation impromptu, the donee unit may first accept the contribution or donation and within a month after the event, complete the reporting procedure. Article 17 A unit that accepts or undertakes the acceptance of contribution or donation shall submit the following documents when going through the procedures of reporting to the Overseas Chinese Affairs Office concerned: (1) Documents evidencing the intention to make the contribution or donation; (2) Official form for reporting contribution or donation made by overseas Chinese; and (3) Official opinion(s)of the higher administrative department of the donee unit. Article 18 The Municipal or District (County) Overseas Chinese Affairs Office shall make a reply to the donee unit within 10days after the receipt of the documents required in making its report. If some special circumstance calls for an extension of the given period, the period of time within which a reply must be made shall not exceed 30 days, and failure to reply within the given period of time shall be deemed as consent. Article 19 Upon receipt of contributed or donated money or goods, the donee unit shall issue an official and valid receipt to the donor, and shall keep a formal record of the money or goods. The donee shall take good care of the money or goods contributed or donated and put them to good use in accordance with the expressed wishes of the donor. Article 20 For a construction project to which overseas Chinese have made contributions or which they have donated, the donee units shall as a general rule form a preparatory group for the construction, and shall authorize a construction supervising agency to exercise control of the construction project. Article 21 A donee unit shall make periodic self-checks on the uses of the money or goods contributed or donated; for a project of considerable scale, auditing shall be conducted. The results of the auditing shall be reported by the donee unit to the Overseas Chinese Affairs Office in charge and also to the donor. Article 22 No unit or individual person shall be allowed to solicit with importunity contributions or donations from overseas Chinese. A donee unit shall not be allowed to make requests at its own discretion for additional contributions or donations of money or goods from a donor. Article 23 To intermediaries between overseas Chinese donors and donee units, and the donee units or their administrative offices and staff that have rendered outstanding service in implementing the present Regulations, relevant units and departments may give encouragement and commendation. Chapter Five Legal Liabilities Article 24 In any one of the following cases, the Municipal or District (County)Overseas Chinese Affairs Office shall give instructions for correction to be made and impose penalties depending on the seriousness of the case: 1.If a donee unit accepts a contribution or donation without reporting it as provided for in Article 16of the present Regulations, it shall be instructed to make a report within a prescribed period of time. Failure to comply with the instruction shall subject it to the penalty of disciplinary warning or a fine of no more than 5,000 yuan; 2.If a donee unit fails to make self -checks or conduct auditing as provided for in Article 21of the present Regulations, it shall be given a disciplinary warning; 3.If a donee unit is liable for soliciting with importunity contributions or donations from overseas Chinese in violation of Articles 4and 22of the present Regulations, it shall be subjected to a fine of no more than 20,000 yuan; 4.If goods contributed or donated are sold without authorization in violation of Article 12of the present Regulations, the illegal gains from such a sale shall be confiscated, and a fine of no more than 30,000yuan shall be imposed; or 5.If a donee unit fails to take good care of or make good use of money or goods contributed or donated in violation of Article 5and the second Section of Article 19 of the present Regulations, which results in a loss, it shall be subjected to a disciplinary warning or a fine of no more than 30,000yuan.For unauthorized alteration of the designated function or use of a gift project, the illegal gains therefrom shall be confiscated, or a fine of no more than 30,000yuan shall be imposed. Article 25 Misappropriation, embezzlement, corruption or theft of money or goods contributed or donated, evasions of taxes or smuggling activities in the name of overseas Chinese contributions or donations or other illegal activities shall be dealt with by relevant authorities in accordance with the law. Those whose act constitutes a crime shall be prosecuted for their criminal liability. Article 26 A party that refuses to accept as final the decision of an administrative punishment made by an administrative department may apply for administrative reconsideration or bring an administrative action in accordance with the Administrative Litigation Law of the People's Republic of China and the Regulations on Administrative Reconsideration. If the party does not apply for administrative reconsideration or bring an action but fails to comply with the decision of punishment, the department imposing the administrative punishment may apply to the People's Court for enforcement. Article 27 Administrative personnel engaged in the work of handling overseas Chinese contributions or donations shall observe discipline and abide by the law and enforce the law impartially. Those who are derelict of their duty, abuse their power, or engage in malpractice for personal gains shall be disciplined. If such an act constitutes a crime, the criminal liability of the wrongdoer shall be investigated into. Chapter Six Supplementary Provisions Article 28 The present Regulations may be used as reference with respect to contributions or donations by compatriots in Hong Kong and Macao, foreign nationals and their social organizations, and enterprises invested by them. Article 29 The Municipal Overseas Chinese Affairs Office shall be responsible for interpreting the present Regulations with respect to their applications. Article 30 The present Regulations shall become effective on June 1,1997. |
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