Editor's note: Chinese lawmakers started discussing the draft Charity Law on Wednesday at the annual session of the National People's Congress. The following are six core issues relating to the new law.
1. Can individuals raise money for charity?
Answer: No
Draft: Charitable fund-raising means the activities of charitable organizations to raise funds for the purpose of charity. These activities include raising money from the public and from specific units and individuals.
Interpretation:
One principle of the Charity Law is that individuals cannot directly launch fund-raising activities. Such fund-raising activities carried out by individuals are not transparent. There are no restrictions on how donated assets will be used, and it is hard to separate donated assets from individual assets. It is not easy to supervise.
by Kan Ke, deputy director of the Legislative Affairs Commission of the NPC Standing Committee
Individuals are not qualified to launch charitable fund-raising activities. Organizations must get registered at the country's civil affairs authorities to launch charitable fund-raising activities, such as China Charity Federation, Red Cross Society of China, other foundations and charitable organizations.
by Zhang Tiehan, a NPC deputy and vice president of Liaoning Charity Federation
2. Can individuals seek help from the public?
Answer: Yes
Draft: Unqualified organizations and individuals can cooperate with qualified charitable organizations and raise donations from the public through them. The donations will be supervised and managed by the qualified charitable organizations. Any organizations and individuals are prohibited from carrying out fund-raising activities to fraudulently raise money in the name of charity.
Interpretation:
The Charity Law does not prohibit individuals from seeking help from the public. If someone, or their relatives, were in trouble, they can raise some money from the public to solve the problems. The law does not ban such behaviors. Such behavior is mutual aid behavior in communities, and donors have the prospect to get help from the beneficiaries later. The behavior is not real charity, and the Law does not ban it.
by Kan Ke, deputy director of the Legislative Affairs Commission of the NPC Standing Committee
If individuals launch fund-raising activities through the Internet, not for themselves and their relatives, such behavior is illegal. When the law is enacted, even fund-raising activities launched online by social celebrities in their name are still illegal.
by Li Yinglu, an executive director of the China Philanthropy Research Institute under Beijing Normal University
