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Nowadays, there are many donations, and there are many donors, but many donors want to know how the donations are used, for example, I am worried about whether these donations are used 100% of the donors. From the moment the donor donates the money, the donation is through several links to the donor, whether some of the donations have been used up, reasonable or unreasonable, such as whether the managers at all levels use donations to pay wages, entertainment, overtime subsidies, etc., whether such expenses should be, whether there are laws, regulations or policies, whether the donors have the right to inquire, and how to inquire, etc.
In terms of the particularity of donations, I believe that the management and use of donations need to be strictly managed and open and transparent more than the management and use of any funds, and it is not only necessary to formulate very detailed laws and regulations that can be operated in a practical manner, but also to let the people understand that they can implement supervision over the management and use of donations. If someone dares to use the crooked brains of donations, the punishment will be stricter, more severe and heavier than other economic crimes.
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Legal Analysis:1The donated property shall be the lawful property that they have the right to dispose of.
2.Donors have the right to decide the amount, purpose, and method of donation. 3.
When a donor donates property to build a public welfare project, it shall enter into a donation agreement with the donee to stipulate the funds, construction, management and use of the project. 4.Donors may leave their names for the public welfare projects they donate.
Legal basis: Law of the People's Republic of China on Donations to Public Welfare Undertakings
Article 9: Natural persons, legal persons, or other organizations may choose public interest social groups and public interest non-profit public institutions that meet their willingness to donate to make donations. The donated property shall be the lawful property that they have the right to dispose of.
Article 12: Donors may enter into donation agreements with donees on the type, quality, quantity, and use of donated property. Donors have the right to decide the amount, purpose, and method of donation.
Donors shall perform the donation agreement in accordance with law, and transfer the donated assets to the donee in accordance with the time limit and method agreed upon in the donation agreement.
Article 13 When a donor donates property to build a public welfare project, he or she shall enter into a donation agreement with the donee to stipulate the funds, construction, management and use of the project.
The donated public welfare project shall be approved by the recipient in accordance with the relevant provisions of the state, and the construction shall be organized or the construction shall be jointly organized by the recipient and the donor. The quality of the project shall conform to the national quality standards.
After the completion of the donated public welfare project, the donee shall notify the donor of the construction of the project, the use of construction funds and the acceptance of the quality of the project.
Article 14 Donors may commemorate the donated public welfare projects; For projects donated by the donor alone or mainly funded by the donor, the name of the project may be proposed by the donor and submitted to the people at or above the county level for approval.
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Legal Analysis: Only social organizations that have registered or been designated as charitable organizations and have obtained public fundraising credentials may carry out public fundraising activities. Other organizations or individuals must not carry out public fundraising activities.
Organizations and individuals that do not have public fundraising credentials carry out public fundraising and may face administrative punishments.
Legal basis: Charity Law of the People's Republic of China
Article 26: Organizations or individuals that do not have public fundraising credentials may, based on charitable purposes, cooperate with charitable organizations that have public fundraising credentials, and the charitable organization is to carry out public fundraising and manage the funds and materials raised.
Measures for the Management of Public Fundraising by Charitable Organizations".
Article 17: Charitable organizations with public fundraising credentials cooperate with organizations or individuals that do not have public fundraising credentials to carry out public fundraising activities, and shall sign a written agreement in accordance with law, using the name of a charitable organization with public fundraising credentials to carry out public fundraising activities; All revenues and expenditures from fundraising activities shall be included in the charitable organization's account, and the charitable organization is to uniformly conduct financial accounting and management, and bear legal responsibility.
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Legal Analysis: Donations are an interpretation of people's conscience, a sacred act, and should not be bound by any form of regulation. The purpose of any social organization to set a certain amount of donations in the name of giving love is certainly not pure.
In order to protect personal interests and be responsible for this society, it should be resolutely opposed.
Legal basis: Charity Law of the People's Republic of China
Article 34: "Charitable donations" as used in this Law refers to activities in which natural persons, legal persons, and other organizations voluntarily and gratuitously donate property for charitable purposes.
Article 37: Where natural persons, legal persons, and other organizations carry out performances, competitions, sales, auctions, and other business activities, and promise to use all or part of the proceeds for charitable purposes, they shall sign a donation agreement with the charitable organization or other recipients of donations before holding the activities, and perform donation obligations in accordance with the donation agreement after the activities are completed, and disclose the circumstances of the donation to the public.
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There do not seem to be any laws and regulations on donations in our country. There are some departmental regulations that are also not very perfect. Therefore, the society has great opinions on the collection, use, management, and accounting of donations.
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Legal Analysis: Public Welfare Donation Law of the People's Republic of China. Where natural persons, legal persons, or other organizations voluntarily donate property to lawfully established public interest social groups or public interest non-profit public institutions free of charge, and use them for public interest undertakings, they are all applicable.
In accordance with relevant laws and regulations, natural persons, legal persons or other organizations may choose public welfare social groups and public welfare non-profit institutions that meet their willingness to donate to make donations. The donated property shall be the lawful property that they have the right to dispose of.
Legal basis: Article 1 of the Public Welfare Donation Law of the People's Republic of China This Law is formulated in order to encourage donations, regulate donations and donations, protect the legitimate rights and interests of donors, recipients and beneficiaries, and promote the development of public welfare undertakings.
The main differences between the two are as follows:
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