Keyword: Policy and Regulations

Report on financial fraud against the elderly released

The Zhicheng Public Interest Group, an organization that provides free legal assistance to marginalized groups, has recently released a report on economic crimes against the elderly. In recent years there has been much concern over an increase in financial fraud against the elderly. Since being set up in July, the Beijing legal services hotline has received 935 requests of advice from the elderly, 21% of which came from victims of financial fraud. Financial products, business projects, health care products and pyramid sales are all being used to cheat elderly people out of their savings. Zhicheng’s report, released on the 9th of September, is entitled “Risk report on economic crimes against the …read more

Female cook wins lawsuit over gender discrimination in Guangzhou

Female cook wins lawsuit over gender discrimination in Guangzhou

Last Tuesday a chain of restaurants that refused to hire a female cook was found guilty of gender discrimination, fined 2000 Yuan for “spiritual damages” and required to issue a written apology. Gao Xiao (a pseudonym) was rejected when applying for a job as a trainee cook at a seafood restaurant in Guangzhou, on account of being a woman. The young woman then sued the Guangdong Huishijia Economic Development Company, which owns the restaurant, for gender discrimination in August last year. In June last year Gao Xiao saw the advertisement for a trainee cook on a job-hunting website and thought she would be eligible for it, being qualified as a senior cook of …read more

China’s first ever public interest administrative litigation takes place

Half a year after the People’s Procuratorate of Qingyun county, Shandong province, decided to take legal action against the local Environmental Protection Bureau, the local court has pronounced the defendant guilty in the first instance judgment. The lawsuit has drawn much attention because it is the first ever public interest administrative litigation to take place since the start of a pilot program in which the Standing Committee of the National People’s Congress empowered procuratorates to carry out such litigations. In October 2014, a chemical company named Qingshun was reported by local residents. The procuratorate then found out that the company had illegally produced 120,000 tons of dyestuff (mainly Amino-C Acids) per year …read more

The Ministry of Civil Affairs explains the Charity Law’s implementation

China’s Ministry of Civil Affairs (MCA) held a press conference on the 7th of September, explaining how the Charity Law has been implemented since it passed into effect at the beginning of the month. Information on public offerings can only be published on designated channels It was clarified that the online platforms appointed by the Ministry of Civil Affairs (MCA) are the only channels through which information on public offerings can be released. Other unlicensed platforms publishing this kind information will be sanctioned. In order to put this regulation into practice the Social Organisations Administration, a bureau subordinated to the Ministry of Civil Affairs, conducted research on access standards for online …read more

The Charity Law brings transparency to the forefront

With China’s first ever charity law coming into effect this month, the issue of transparency in the charity sector has taken the limelight. The charity law prescribes that charitable organisations are supposed to disclose their accounts and fundraising information on specified platforms, so as to ensure more clearness and transparency. In a recent survey carried out in Shenzhen on the factors impacting people’s participation in charity, 61% of respondents claimed that it is the low transparency levels in fund management that keeps them from donating. 60% of respondents also claimed that disclosing every detail of how the funds are used timely is the key point, and it is necessary to …read more

China celebrates its first ever Charity Day

The first ever Chinese Charity Day, which takes place today, will centre around the themes of ‘law’s role in charity’ and ’poverty relief’. The 5th of September has officially been designated as Chinese Charity Day by China’s new Charity Law, which came into force this month. A couple of Chinese cities have held events in honour of the occasion, which aims to promote the concept of charity more widely. On the 4th of September the joint Beijing-Tianjin-Hebei charitable exhibition, held at the Agricultural Exhibition Hall in Beijing, hosted a number of activities including a Charity bazaar of creative products, a 3D artificial limbs demonstration and a shadow-puppetry show. Over 150 charitable …read more

Ministry of Civil Affairs sets bottom line for charitable organizations’ annual expenditures

The Ministry of Civil Affairs recently unveiled the Draft of the Standards for Charitable Organizations’ Annual Expenditures for Charity Activities and Management Fees. The Draft is based on Article 60 of the Charity Law, and it will remain open to public feedback from the 25th to the 31st of August. The Draft aims to set a bottom line for the annual expenditures for charity activities of different types of charitable organizations. Certified public fundraising foundations’ annual expenditures shall exceed 70% of the total revenue of the previous year, while their management fees shall not exceed 10% of the annual expenditures of the same year. The annual expenditures of social groups and …read more

Philanthropy after the Charity Law – New perspectives and challenges

This is a summary of an article. Click 善达网 on the right to see the original article in Chinese. This article argues that China’s Charity Law heralds a new era in philanthropy, which is a strong vehicle for China’s social transformation. It summarizes the new patterns, perspectives, and challenges facing the third sector, as they were raised by some important figures at the eighth China Private Foundation Forum (Jiangsu) recently held in Nanjing. ▼ New patterns Wang Zhenyao, the Dean of the China Philanthropy Research Institute, claimed during the Forum that the cornerstone of the new era is the philanthropic economy, and the logic behind the philanthropic economy is that social …read more

Knock-off charity groups exposed

In March 2016, China’s Ministry of Civil Affairs disclosed a list on which a number of charity associations were confirmed to be knock-offs and illegal. This led to the media conducting further investigations into those organisations. It was found that although some knock-off associations have shut down their websites, there are still some running and updating their information. For instance, the China Economic Development & Exchange Association, confirmed to be illegal by the Ministry of Civil Affairs, keeps attending international activities and affirming that they are endorsed by the Chinese government. The China Commonwealth General Association, another one of these unlicensed associations, closed its website after the list was released. However a sub-association of the CCGA in Nantong has …read more

Doing Charity in China's Poshest Neighbourhood

Doing Charity in China’s Poshest Neighbourhood

What is it like to conduct charity work in China’s most fancy and cosmopolitan neighbourhood? This article reviews the development of community organizations in Beijing’s Sanlitun sub-district.

Annual meeting on CSR in China organized by Southern Weekly

The eighth annual meeting on corporate social responsibility (CSR) in China, hosted by Southern Weekly, drew to a successful close on July 29 in Beijing. Government agents, corporate representatives, NGO and media workers concerned with corporate social responsibility, and philanthropic and social enterprises from China and abroad gathered again this year to discuss how to create a consensus on the topic of CSR. The mental health and protection of left-behind children was the most followed topic of the conference. Southern Weekly published a series of special reports on China’s left-behind children in March 2016, when the ideas of people from all sectors who care for these children were collected in …read more

Chinese Civil Society: A Half Year Summary

Chinese Civil Society: A Half Year Summary

Five topics that provide a quick grasp of the crucial developments in philanthropic legislation and legal practice in China during the first half of 2016.

Milestone for public interest lawsuits as Chinese company fined for causing air pollution

On July 20, the Intermediate People’s Court in the city of Dezhou, Shandong Province, ordered the Jinghua Group Zhenhua Decoration Glass Limited Company to pay nearly 3.3 million dollars for its excessive emission of pollutants. More than a hundred tonnes of sulphur dioxide, nitrogen oxide, and smoke dust were emitted, exceeding the maximum stipulated by regulations. The All-China Environmental Federation (ACEF), which brought up the lawsuit in March 2015, based the potential amount of damages on the offending company’s operating costs, with the hope that the case can provide a route to successful public interest litigation in the future. Ma Yong, the former deputy head of ACEF’s Environmental Legal Services …read more

The accreditation of China’s social enterprises

This recent article by the China Philanthropy Research Institute examines the controversy over the accreditation of social enterprises in China. There are still many disputes on whether to set any standard criteria for social enterprises and how exactly to conduct accreditation in China. All the same, a wave of rapid developments in this field has occurred since last year. The first private accreditation guide for social enterprises, the China Charity Fair Social Enterprise Accreditation Guide (中国慈展会社会企业认证办法), was initiated and published last September by five social organizations, including the China Philanthropy Research Institute. Seven organizations were then accredited as social enterprises in line with the guide. However, the small number and scale …read more

Draft of the Determination of Philanthropy Organizations Guide released for public consultation

In order to standardize the determination of philanthropic organizations and ensure the smooth implementation of China’s Charity Law, the Ministry of Civil Affairs has released a draft of the Determination of Philanthropic Organizations Law in order to collect public feedback. The draft was drawn up on the basis of reviewing practical experiences, conducting investigations, extensively collecting suggestions, and repeating studies and demonstrations. The draft and its full text are published so suggestions from all social sectors can be collected and the quality of the legislation can be further improved. The following three methods are available for any institutions or individual who has any suggestions for revision: Login to the website of the …read more

Ministry of Civil Affairs: large increase in Chinese social work in 2015

China’s Ministry of Civil Affairs issued yesterday the social service development statistics bulletin for 2015. This annual bulletin presents a wide array of statistics on social work and social services in China. By the end of 2015, according to the annual joint provincial inspection, there were 1.765 million social service institutions with a year-on-year growth of 5.8%; 13.089 million social staff with a year-on-year growth of 4.6%; total fixed assets of 909.9 billion yuan with a year-on-year growth of 26.1%; and an expenditure of 493.64 billion yuan on social service work, with a year-on-year growth of 11.9%. Social work in China increased on a large scale in 2015, including social services provided …read more

State council sets up work group on the government purchase of public services

It was announced by the General Office of the State Council of the People’s Republic of China on June 27th that the State Council has decided to set up a Work Group on Government Purchases of Public Services. Zhang Gaoli (the Vice-Premier of the State Council) will serve as the director of the Work Group, and Lou Jiwei (Minister of Finance) and Ding Xiangyang (Vice Secretary of the State Council) will serve as the associate directors. “Government purchase of public services” refers to government contracts with social groups and agencies that take part of the government’s role upon themselves and provide designated social services to the public under a market mechanism. …read more

Illegal use of 151 million yuan in poverty alleviation funds reported

On June 29, Liu Jiayi, the Auditor-General of the National Auditing Office of the People’s Republic of China reported to the Standing Committee of the National People’s Congress on the 2015 national audit and government budget. Although both central and local government agencies have deepened their awareness of economic reform, some areas are still not legally regulated. The use of poverty alleviation funding is one of them. The National Auditing Office selected a sample of 40 counties in 17 provinces which received 10.998 billion yuan of poverty alleviation funding between 2013 and 2015. The auditors found that funds for 151 million yuan had been illegally used or anonymously withdrawn. In …read more