Regulations of Guizhou Province on Donation of Public Welfare by Overseas Chinese

Article 1 In order to encourage overseas Chinese to donate, standardize donation behavior, protect the legitimate rights and interests of donors, recipients and beneficiaries, and promote the development of public welfare undertakings, these Regulations are formulated in accordance with the provisions of the People's Republic of China (PRC) Public Welfare Donation Law and other laws and regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to public welfare undertakings such as education, science, culture, health, sports, poverty alleviation, disaster relief, ecological environment protection and public facilities construction, etc. donated by donors within the administrative area of this province. Article 3 Donors mentioned in these Regulations refer to overseas Chinese, overseas Chinese social organizations and overseas Chinese investment enterprises. The term "donee" as mentioned in these Regulations refers to public welfare social organizations and public welfare non-profit institutions established according to law within the administrative region of this province.

If the donor requests the people's government and its departments at or above the county level to be the donee, the people's government and its departments at or above the county level shall hand over the donated property to public welfare social organizations and public welfare non-profit institutions for public welfare undertakings, or dispose of it according to the wishes of the donor, but it shall not be handed over to the organs as beneficiaries. Article 4 Donations shall follow the principles of voluntariness and free of charge. No unit or individual may raise money, apportion or engage in profit-making activities in the name of donation.

The property donated by the donor shall be the legal property that the donor has the right to dispose of.

Donations and recipients shall abide by the provisions of laws and regulations, and shall not violate the requirements of social morality, and shall not harm the public interests and the legitimate rights and interests of others. Article 5 The donated property is protected by law, and no unit or individual may misappropriate, occupy, privately divide or damage it. Sixth people's governments at all levels support and protect overseas Chinese donation activities.

The overseas Chinese affairs administrative department of the people's government at or above the county level shall be responsible for the supervision, management, guidance and coordination of overseas Chinese donations, and other relevant departments shall do a good job in overseas Chinese donations according to their respective duties. Article 7 The donor and the recipient may sign a written donation agreement on the type, quantity, quality, use and method of donated property. Where a construction project is donated, a written donation agreement shall be signed to stipulate the fund, construction, acceptance, transfer, management and use of the project. Donors and recipients shall fulfill the donation agreement according to law. Article 8 Donors have the right to decide the type, quantity, use, method and recipient of donated property. The donee shall not change the nature and use of the donated property without authorization. If it is really necessary to transfer or change the use, it shall obtain the consent of the donor in advance and report to the administrative department of overseas Chinese affairs.

Donors have the right to know about the use of donated property and the construction and use of donated construction projects, and put forward opinions. The donee shall give a timely reply to the opinions put forward by the donor.

Donors may entrust or designate relevant units or individuals to supervise the use and management of their donated property.

Donors have the right to request the people's governments at or above the county level or the relevant departments to correct the acts that violate the provisions of these regulations. Article 9 After the donation is completed, the donee shall report the donation to the overseas Chinese affairs administrative department of the people's government at the same level within 30 days. Article 10 After accepting the donation, the donee shall issue a legal and valid receipt to the donor, register the donated property, establish and improve the financial accounting system and the use system of the donated property, and effectively use and properly manage it.

The donee shall disclose the use and management of the donated property, regularly report the use and management of the donated property to the donor and relevant government departments, and accept supervision. When necessary, the relevant government departments can audit the use of donated property. The recipient who is not the beneficiary shall bear the corresponding coordination service and management responsibility for the use of donated property. Article 11 The establishment and implementation of donated construction projects shall conform to urban and rural planning.

For donated construction projects, the donee shall not change the project scale and standards without authorization. If it is really necessary to change, it shall explain the situation to the donor in advance, obtain the consent of the donor, and report to the relevant administrative departments for examination and approval. The balance of the donated construction project shall be handled according to the wishes of the donor, and the part of the project expenditure exceeding the original donation amount shall not be required to be added by the donor.

After the completion of the donated construction project, the donee shall inform the donor in writing of the project construction, the use of funds and the acceptance of project quality, and report to the administrative department of overseas Chinese affairs of the people's government at the same level.

Donated construction projects shall be built and managed by the donee. If there are other provisions in the donation agreement, such provisions shall prevail. Article 12 With the consent of the beneficiary, the donor may leave his name to commemorate the construction project he donated and set up commemorative signs. For a project donated by the donor alone or mainly funded by the donor, the donor may propose the name of the project, and the donee shall report it to the people's government at or above the county level for approval. Article 13 If the donated construction project needs to be demolished, cancelled or merged due to public interests, it shall explain the situation to the donor before making the decision of demolition, cancellation or merger, and rebuild it according to the provisions of laws and regulations and the requirements of urban and rural planning or make monetary compensation according to the original purpose and purpose of donation.

If it is really necessary to change the donated construction projects, demolition, cancellation, reconstruction projects after merger or the use of the acquired property, it shall obtain the consent of the donor in advance and report it to the overseas Chinese affairs administrative department of the people's government at or above the county level and relevant departments for the record. The commemorative or symbolic signs in the original donation project should be retained, and if they cannot be retained, they should be explained.