Constitution of the Chinese Red Cross Foundation

Part One: General Provisions

Article One
Full Chinese name of the Foundation is: Zhongguo Hongshizi Jijinhui; short name is: Zhongguo Hongjihui. English name is: The Chinese Red Cross Foundation; the abbreviated name is: CRCF.

Article Two
The Chinese Red Cross Foundation is a public fundraising foundation. The public fundraising areas: international and domestic market.

Article Three
Purpose of the Chinese Red Cross Foundation: adhere to and carry out “The Red Cross Law of the People’s Republic of China”, carry forward the Red Cross spirit of humanitarianism, philanthropism and dedication, protect people’s life and health, raise capital and resources for Red Cross causes, build up public welfares system to launch the humanitarian assistant career.

Article Four
The original founding capital of the Chinese Red Cross Foundation is RMB8, 000,000, which comes from people’s donation of enterprises and business related.

Article Five
The Civil Administration Department is the registered administrative organization of the Chinese Red Cross Foundation; the operational management organization of it is the Chinese Red Cross.

Article Six
Address of the Chinese Red Cross Foundation: NO.53 Ganmian Hutong, Dongcheng District, Beijing, China [Whole Article]

　

 

Part Two: Business Range

Article Seven
The business range of the public programs of the Chinese Red Cross Foundation:

（I）to appeal all walks of life to contribute to public welfares, by their advocating      the spirit of dedication and by their taking an active part in such activities as   treating the sick and wounded, aid the distressed and those in peril, help the elderly and disabled, as well as conducting good deeds of assisting those in need.
（II）to develop friendly exchanges and mutual cooperation with international organizations and individuals, with Hong Kong, Macao and Taiwan compatriots and with overseas Chinese.
（III）because of needs, unremittingly expend overseas business and project cooperation by setting up branches and representative organizations in related countries and districts according to law.
（IV） to disseminate the Chinese traditional virtue of loving and respecting the old, actively initiate the old welfare careers and advocate a new social ethos through all kinds of different effective ways in order to accelerate social civilization.
（V） to energetically establish and promote civil medical treatment and assistant career, treat the sick and wounded, in order to lessen pains on suffers.
（VI） to support and establish educational career with the Red Cross characteristics, create and provide chances to attend school for poor children.
（VII） to develop other kinds of social salvation activities suiting to the Red Cross spirit.
（VIII）to positively collect social fundraising capital and resources, increase the sources of foundation through all types of direct and indirect forms.
（IX） to realize preserving and increasing the fund value by taking various legal and effective manners.
　

Part Three: Administrative Institution and person in charge

Article Eight
The Council of the Chinese Red Cross Foundation is composed with 9 to 25 directors. The appointed term of each director is five years, reelected can consecutively work as director when at the expiration of one’s term.

Article Nine
The role of the members of the Council shall be:
（I） enjoy independent ability of Civil behavior;
（II） to be enthusiastic in public welfares career which the Chinese Red Cross Foundation is
engaged in.
（III） to have abundant work experience suiting to the work with members of the Council.
（IV） can fulfill one’s duty and trust; make sure that the usage of donated property suits the will of donators and the purpose of public welfares of the Chinese Red Cross Foundation.
（V） disinterested and law-abiding, handle affairs impartially.

Article Ten
The election and recall of members of the Council
（I）the first term of Council members is nominated respectively by the business in charge institution, main donator and initiator, and decided by negotiation of all together.
（II）at the period of reelection, the business in charge, the Council and main donator all together nominate candidates and organize leader group to lead the whole candidates to select a new director of the Council.
（III）the recall and subjoin of the Council members should be voted and passed by the Council, and should be censored by the business in charge institution.
（IV）the result of election and recall should be registered and be put on record by administrative organization.

Article Eleven
The responsibility and obligation of the Council members:
（I） participate in the leading work of the Chinese Red Cross Foundation;
（II）enjoy the right of vote on important affairs of the Chinese Red Cross Foundation .
（III）enjoy the right of advice on operation of the Chinese Red Cross Foundation .
（IV）have the responsibility and obligation of carrying out regulations in this constitution.

Article Twelve
The supreme policy-making body of the Foundation is the Council.
The Council exert following authorities:
（I）to establish and amend the constitution of the Chinese Red Cross Foundation, decide the mission, tactic and target;
（II）to enjoy the right of electing and recalling director, vice-director and secretary.
（III）decide important business programs, including raising, administrating and using plan of funds; decide the principles, strategy, avenue of the capital movement of the organization and fatal investigate proceeding with the responsibility for keep the capital of the fund appropriately administrated.
（IV）investigate the annual financial report of organization.
（V）frame policy and fatal administrative system for organization.
（VI）enjoy the right to set up affairs-handling institutions, branches and representative institutions.
（VII）enjoy the right to decide vice-secretary nominated by secretary and engagement of main men at the wheel in all departments.
（VIII）hear and discuss the work report from secretary, inspect secretary’s work, offer support to secretary’s work
and evaluate his performance.
（  IX）have the right to decide schism, combination or ending of the Foundation.
（ = 10 \* ROMAN X）have the right to decide other fatal affairs.

Article Thirteen
For each year, the Council must open conference at least two times. The director is in charge of convoking and presiding of the conference.
Conference must be opened when one third of the members in the Council proposed. If the director can not convoke, the proposal member can elect a convoking person. When there will be a Council conference, the director or the convoking person needs to notice whole Council members and investigators five days before.


Article Fourteen
Council meeting can be opened under the condition that two third of the members must be at present; an effective resolution must be passed by half of the Council members.

The following important proceedings become effective under the condition that two third of the Council members must be passed:
（I） amending of constitution.
（II） elect or dismiss director, vice-director and secretary.
（III）important fundraising and investigating programs prescribed in constitution.
（IV）schism and combination of the Foundation.


Article Fifteen
The Council should make meeting record. When resolution forms, conference summary must be done on the spot , as well as being examined and signified by members attended.


Article Sixteen
The Foundation has one or two investigators. The term for investigators is the same as the Council members, when expired, one can reappoint.

Article Seventeen
Council members, their relatives and accountants of the Foundation can’t be appointed as Council investigators.

Article Eighteen
Elect and dismiss of Council investigators:
（I）Council investigator is designated by main donator and business in charge institution.
（II）the registration manage department is designated according to need of work.
（III）The changing of Council investigators should pursue the process of election.

Article Nineteen
Council investigators’ rights and obligation.
Council investigator examines finance and accountant’s documents according to procedures prescribed in the constitution, Supervising Council should obey the contents in law and constitution.
Council investigator should attend as a nonvoting delegate in the Council conference, enjoy the right to put forward inquiry and advice, and reflect situation to registration manage department, business in charge organization, tax in charge department and fiscal in charge department.
Council investigator should abide related laws and constitution of the Foundation, legally fulfill one’s duty.

Article Twenty
The numbers of members who gain reward from the Foundation can’t overpass one third of the whole number of Council members. Council Investigators and members without shouldering any full time work mustn’t gain reward from the Foundation. This Foundation offer necessary job charge for part-time members and Council Investigators, the charge includes traffic fees, official business fees, investigation and study fees, tolerance fees and so on.

 
Article Twenty-one
When Council member encounters matters related to personal benefits and the Foundation benefits, one mustn’t participate in decision-making of related affairs; Council members, investigators and their relatives mustn’t participate in any kind of trade deed.

Article Twenty-two
The Council is composed with director, vice-director and secretary-general elected from the whole Council members.

Article Twenty-three
Qualifications for director, vice-director and secretary-general of the Foundation.
（I）possess great influences in the business field of the Foundation.
（II）the top age of holding a post for director, vice-director and secretary-general can’t overpass seventy years
old, and secretary-general is a full time post.
（ III）having good health to keep nature work.
（ IV）Capacity of serving civil issues

Article Twenty-four
One with any condition as fowling can’t become director, vice-director or secretary-general.
（I）One who is now on the post of national civil servant.
（II）One who is condemned because of crimes such as, observed by polices, arrested, set term of imprisonment and who not reach five years after been released.
（III）One who is bereaved political rights because of crimes or has been deprived political rights in the past.
（IV）One who is the director, vice-director or secretary-general of a foundation, which has been retracted registration because of crimes. Also, The one is taking personal responsibility for the foundation which has not reach five years after been retracted.

Article Twenty-five
If director, vice-director or secretary-general comes from Hong Kong, Macao, Taiwan or overseas, they must live in motherland for at least three months each year.

Article Twenty-six
Each term of director, vice-director and secretary-general is five years, reappointment can’t expire two terms. Reappointment required because of special situations should be passed by the special process of the Council, be examined by the business in charge institution and be confirmed by the registered administrative organization.

Article Twenty-seven
The director of the Foundation is the member as of right. The member as of right can’t do part-time job in any other organizations.
The member as of right in the Foundation should be Chinese local resident.
During the term of the member as of right in the Foundation, if one’s performance disobeys “Administrative regulations of the Foundation” and this constitution, the member as of right should bear related obligation. If the member as of right breaches of duty and makes illegal performance happened or property loosen in the Foundation, the member as of right should take on personal obligation.

Article Twenty-eight
Director of the foundation exerts following authorities.
（I）convoking and presiding the Council conference.
（II）establish and carry out work plan of the Council, inspect the fulfilling condition of the Council revolution.
（III）sign or authorized to sign significant files on behalf of the Foundation.
（IV）enjoy other authorities endowed by the Council and the constitution.

Article Twenty-nine
Vice-director and secretary-general are under the lead of director, secretary-general exerts following authorities:
1、preside and develop the Foundation daily work, organize and carry out the Council resolution.
2、study out the collective, administrative and utilize plan of the capital of the Foundation.
3、study out significant administrative bylaws of the Foundation, and report to the Council to examine and approve.
4、the Council has the right of proposing appointment and dismissal of vice-director and men at wheel in each
department.
5、decide the engagement of full time missionary in each department, recommend and guide a administrative group
for secretariat with social responsibility and effect.
6、enjoy other authorities endowed by the Council and the constitution.

Article Thirty
The Foundation sets up honorary president, honorary vice-president and honorary member of the Council without decision-making right.

Part Four: Administration and Utilizing of property

Article Thirty-one
The Chinese Red Cross Foundation is a public fundraising Foundation, the capital of the Foundation comes from:
（I）incomings come from organized fundraising program.
（II）free will donation of nature person, corporation or other organizations.
（III）yield from investigation.
（IV）other legal incomings and so on.

Article Thirty-two
Fundraising programs and donation organized by the Foundation should obey the rules of laws, and should accord with the purpose of the constitution and the business field of the public welfare programs.

Article Thirty-three
The Foundation should announce detailed plan of developing public welfare programs and capital utilizing after fundraising in fundraising program. Significant fundraising programs should report to business in charge institution and registered administrative organization to put on records.
No forms of apportion or converted apportion in fundraising programs of the Foundation.

Article Thirty-four
The property and other incomings of the Foundation is under the protection of the law, no seizing, secret division or appropriation by any institution and individual.

Article Thirty-five
The utilizing of property should accord to the purpose of the constitution and the business field of public welfare program of the Foundation; donation of which the exact utilizing ways is confirmed should be used according to the donation agreement.
The donated resources whose function don’t fit for the purpose of the Foundation, the Foundation has right to auction or sell off complied with laws, and the incomings should be used with donation purpose.

Article Thirty-six
Main functions of the Foundation:
（I）promote assistant activities of the Red Cross;
（II）initiate and imburse social public welfares cause of medical treatment, education, the old, the poor and so on.

Article Thirty-seven
（I）relieve and rescue the people in disaster;
（II）develop social assistant activities;
（III）initiate and assistant social commonweal and public welfares cause.

Article Thirty-eight
The Foundation realizes keeping and increment of capital of fund according to the principles of legality, safety and effect

Article Thirty-nine
The bottom line of the payout for public welfares cause of the Foundation each year is seventy percent of whole incomings of the last year.

Article Forty
When opens commonweal and imbursing projects, the Foundation should publicize the types and the processes of application and comment to the public.

Article Forty-one
Donator has the right to inquire the Foundation about the situation of using and governing the donated fund as well as offering advice and suggestions. The Foundation must answer the examination promptly and honestly.
If the Foundation uses donated property beyond the donation agreement, the donator has right to request the Foundation to obey the donation agreement or to apply the demotic court to retract donating activity and release from donation agreement.

Article Forty-two
The Chinese Red Cross Foundation can sign agreement with the people who accept donation as well as plaiting the ways, amount, purpose and usage of imbursing. The Foundation also has the right to supervise the using situation of the fund. If the person accepted donation happens any activities beyond the agreement, the Foundation has the right to release from the agreement.

Article Forty-three
The Chinese Red Cross Foundation must carry out the national accountant system, take legal fiscal confirmation, build up healthy internal accountant supervising system, and make sure the legality, honesty, nicety and integrity of accountant information.
The Foundation accepts the legal supervision of the in-charge tax and accountant departments.

Article Forty-four
The Chinese Red Cross Foundation equips professional accountants which can not receive and pay out money at the same time. Accountants should hand over all the duty-transition procedure before the time of remove or demission.

Article Forty-five
The period from January 1st to December 31st each year is the business and fiscal year, the Council should to examine and approve following details before March 31st every year.
（I） the last semiyearly business report and the final accounting of revenue and expenditure;
（II） the semiyearly business report and the final accounting of revenue and expenditure of this year;
（III） the property detailed list.

Article forty-six
The Foundation is responsible for annual examination, term exchanging, and replacement of member as of right and fiscal audition.

Article forty-six
The Foundation is responsible for annual examination, term exchanging, and replacement of member as of right and fiscal audition.

Article forty-seven
The Chinese Red Cross Foundation receives annual inspection organized by registered administrative organization according to “The Byelaw of the Foundation”.

Article forty-eight
After passing annual inspection sponsored by the registered administrative organization, the Foundation must announce the result publicly in the appointed Medias and accept the public’s inquiry and supervision.

Part Five: Ending and dealing with leaving property

Article Forty-nine
The Chinese Red Cross Foundation must be terminated with any of the following situations:
（I）finish the purpose of the constitution;
（II）can’t continue to carry out public welfares programs as the constitution requested;
（III）the Foundation with schism and incorporation.

Article Fifteen
The termination of the Foundation should be passed by the business in-charge institution within fifteen days after being passed by the Council, and apply for logging out within fifteen days to the registering administrative institution.

Article Fifteen-one
The Foundation should establish liquidating department to finish liquidation under the direction of business in-charge department and registering administrative institution.

Article Fifteen-two
The leaving property logged out should be used for the following public welfares cause under the supervision of business in-charge department and registering administrative institution.
（I）assist the initiated public welfares causes;
（II）donate to the Chinese Red Cross.

Part Six: Amending of the constitution

Article Fifty-three
The amending of the constitution must report to the business in-charge department within fifteen days after being passed by the Council. Then, reporting to the registering administrative institution to be approved.


Part Seven: Final Provisions

Article Fifty-four
This constitution is passed by the whole Council on the March 25th, 2005.

Article Fifty-five
The final authority to explain the constitution belongs to the Council.

Article Fifty-six
This constitution comes into effect at the time of being approved by the registering administrative institution.