The “Charity Law” and the Recognition of Charitable Organizations

公益时报

中文 English

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On September 9th, 2016, the Beijing Civil Affairs Bureau issued registration certificates indicating charitable status to the first group of 21 approved organizations.

More than a month has passed since the “Charity Law” officially came into force, and various supporting documents elaborating on and supplementing the law in its implementation have been released in quick succession. However a perfect piece of legislation cannot be created in one stroke, and continuous fine-tuning and polishing during the process of implementation is necessary.

In the last few days, the China Philanthropy Times has become aware that many non-profits have encountered difficulties when seeking identification as charitable organisations and that there has been confusion among officials in the civil affairs bureaucracy when handling related issues. Furthermore, many local civil affairs departments have yet to even begin work on identifying charitable organisations.

Therefore, the China Philanthropy Times decided to visit civil affairs departments in Chengdu to better understand the situation on the ground, and has invited experts and scholars to provide their analysis on the confusion surrounding the initial implementation of the Charity Law.

Inconsistencies in identifying charitable organisations

“The definition of charitable activities in article three of the Charity Law, released in March 2016, does not match the definition of charitable organisations eligible for direct registration in the “Comments on Reforming the Management System for Social Organisations to Promote their Healthy and Orderly Development” (referred to as the “Comments” below), published on August 28th by the Central Office of the CPC and the General Office of the State Council. This will not only create difficulties for the work of the authorities in charge, but will leave many social organisations unsure of what to do when registering or seeking charitable status”, says Ma Jianyin, lecturer at the Legal Studies Institute of Beijing Normal University, while discussing the Charity Law.

According to Ma Jianyin, “the Charity Law contains many innovations and highlights, for instance: it establishes a foundational legal framework for the charity sector; it makes open law-making a model for democratic legislating; it broadens the right to publicly fundraise; it promotes charitable trusts, etc… But its deficiencies, with regard to tax benefits, for instance, are also clear. While the Charity Law states that tax benefits are available, it does not explain how to claim these benefits in practice; in addition, while ‘professional leading units’ were not mentioned anywhere in the law, many social organisations are still influenced by the dual management system in practice, though its legal status remains unclear; also, many contradictions remain between the definition of charitable organisations in the Charity Law and the one in the supporting documents. To address the doubts regarding a number of provisions in the law, something like a document containing ‘Further Elaborations on the Charity Law’ is urgently needed”.

Article three of the Charity Law states: “‘Charitable activities’ in this law refers to the following public interest activities voluntarily carried out by natural persons, legal persons and other organisations through the donation of property, the provision of services or other means:

(1) Helping the poor and the needy;

(2) Assisting the elderly, orphans, the ill, the disabled, and providing special care;

(3) Alleviating losses incurred by natural disasters, accidents, public health incidents and other emergencies;

(4) Promoting the development of education, science, culture, health, sports and other causes;

(5) Preventing and alleviating pollution and other public hazards, protecting and improving the eco-environment;

(6) Other public interest activities in accordance with this law.

According to the “Comments”, the following are the charitable organisations eligible for direct registration: public interest and charitable social organisations providing services to help the poor and the needy, to assist the elderly, orphans, the ill, the disabled and disaster victims, or to contribute to health and education.

Regarding the discrepancy between the two, Ma Jianyin believes that the definition of charitable activities in the Charity Law is broader and more comprehensive than the more restrictive definition of public interest and charitable social associations eligible for direct registration under the “Regulations for the Registration and Management of Social Service Institutions” (the “Temporary Regulations on the Registration and Management of Civil Non-Enterprise Work Units” revised draft for public consultation), the “Regulations for the Registration and Management of Social Associations (revised draft for public consultation)” and the “Comments”. Releasing a series of supporting documents at a time when the Charity Law, a foundational law for China’s charity sector, has already been established and is about to be implemented, is bound to create contradictions and lead to difficulties during the implementation of the law.

An effective mechanism is needed to solve problems

Yang Tuan, researcher and deputy director of the Social Policy Research Center at the Chinese Academy of Social Sciences, gives the following example: “when applying for charitable status, an NGO active in education, which has always engaged in charitable activities, was told that its activities do not meet the requirements for direct registration and that it needs to obtain the approval of a professional supervisory unit prior to registration. According to the definition of charitable activities in the Charity Law, however, the activities of the organisation do qualify as being charitable and thus, the organisation itself should be recognised as a charity. The head of the organisation finds this disturbing: ‘We’re a charitable organisation according to the Charity Law and now these supportive documents want to apply a different definition to us.’”

Yang Tuan provides the following advice: “when facing this type of problem, my advice to the head of the organisation is to first prepare all the materials needed for registration according to the regulations. Then, submit a formal statement to the civil affairs department pointing out that, according to the provisions of the Charity Law, the organisation’s activities fall under the scope of charitable activities and should be identified as such. Throughout this process, vigorously provide feedback on the situation to society.”

The scholar further states: “providing feedback to society in real-time is a way to draw attention to an individual case, presenting it to the public and the media. It was inevitable that the series of legal documents released immediately after the Charity Law would lead to problems during the implementation of the law. Currently, I think the most effective way of solving these problems is to work on a case by case basis, with the public and the media paying close attention to the problems surrounding each case, finding the fundamental causes of the problems, and engaging in the revision and optimisation of the legislation together with the relevant departments, thereby creating an effective problem-solving mechanism.”

Frustration on both sides

Ma Jianyin believes the difficulties that have arisen following the release of the Charity Law and the various supporting documents do not only affect social organisations. Confusion is also present among officials on the frontline of the civil affairs bureaucracy, who are responsible for recognising charitable organisations. On the one hand, there is the recently released foundational law for the charity sector, while on the other, there are the administrative regulations that support its implementation. The contradictions between the two mean that officials don’t know how to give an explanation; furthermore, the newly released Charity Law has given the civil affairs departments of the county level people’s governments the authority to register social organisations, recognise charitable organisations, supervise the right to fundraise publicly and manage the documentation of public fundraising activities. Previously however, many of these civil affairs authorities, for instance those at the county level, had not had to take on these kinds of responsibilities.

Given this situation, the “China Philanthropy Times” sought further information from a charity sector expert who clarified that “recognising charitable organisations” is necessary because charitable organisations were defined as a completely new type of organisation, separate from other social organisations. This is relevant for tax benefits, obtaining donation receipts and a host of other issues. Therefore, their recognition must be unified. One reason for the difference between the definition of charitable organisations eligible for direct registration in the “Comments” and the “Measures on the Identification of Charitable Organisations”, and the definition of charitable activities in the Charity Law, is that the Charity Law is a foundational charity sector law, meaning that it was drafted in broad terms, while supportive documents like the “Measures on the Identification of Charitable Organisations” are more detailed legal documents meant for implementation; another reason is that some of the organisations engaging in charitable activities, such as foundations, as well as social service institutions and social associations, fail to meet the requirements of the “Measures on the Identification of Charitable Organisations” and must go through the recognition procedure.

When it comes to social organisations that now need to look for governing units for permission before they can be recognised as charity organisations, our counterpart said that at present when China’s social organisations register, they all have to first find a governing unit, and only then can they go to the Ministry of Civil Affairs to register. As far as social organisations that are unable to find a governing unit are concerned, all of them have to pass through a thorough auditing from the Ministry of Civil Affairs, which at the same time also acts as their governing unit. Basically the Civil Affairs department has to play both roles at the same time. However, when it comes to the relevant work being delegated to the county-level civil administration system, the expert also honestly says that “the county-level civil administrations did not used to participate in the registration and supervision of social organisations’ work. Now there is a sudden increase in professional work of a kind that they previously had no contact with, and it really is a challenge.”

From this perspective, the question of whether or not it is possible for civil administrators across the nation to truly understand the Charity Law and its related supporting documents appears to be especially important; and the success in raising awareness on the law relies directly on the law’s actual implementation.

The essentials of educating people about the law

The Deputy Director of the State Administration of Social Organisations, An Ning, replied to a question posed by a “China Philanthropy Times” reporter on the plans to educate people regarding the law. He said that the Ministry of Civil Affairs is currently only in charge of making provincial-level civil administrations throughout the country study the “Charity Law” and supporting documents. The study at the county and municipality levels will be organised by the provincial-level Civil Affairs departments. As far as the actual operations of grassroots civil administrators go, the official says, the Ministry of Civil Affairs has already launched a work confirmation flowchart. In practice, most work will be based on the social organisations filling in the forms, and staff members will be able to carry out the work of recognising them in accordance with the forms. This will simplify operational difficulties and speeds up work efficiency.

Concerning this matter, the reporter from the “China Philanthropy Times” also interviewed the Director of the Civil Affairs Bureau of the Chengdu Civil Administration Department, Liu Chuanyun. He said that the Chengdu Civil Administration Department quickly launched an internal study on the Charity Law and its supporting documents as they were launched nationally. “In such a short period of time a large quantity of legal documents were launched, and all civil administrations nationally have to study them on their own. Really grasping them is a great challenge”, says the official. When the journalist asked about Chengdu’s plans for educating people on the Charity Law and its supporting documents, Liu Chuanyun replied quite honestly that “at the moment we still don’t have a clear and specific plan for this. If you want to educate people about the law, this requires you to first of all be knowledgeable about it and master the relevant regulations. But still, I personally feel that the national civil administration system is itself only in the learning stage regarding this law. So, in this first stage, we should focus on how to make the functional departments comprehensively understand, master, and use the relevant laws.”

As for the delegation of authority to the county-level civil administration system, when asked whether or not it will cause problems for members of staff who have never had contact with such things before, Liu Chuanyun says “it could initially be a real challenge for a civil administration system that has never participated in or had contact with social organisations and their related work prior to this delegation of authority. However, on the one hand it will take a while for the law to actually be implemented, and there are many areas in which the relevant work has yet to be started, so it is still early to say what kind of concrete issues may appear. On the other hand, it is still necessary for some front-line civil administrators to study the law thoroughly and earnestly master the relevant laws.”

It is worth mentioning that on October 19th, the Chengdu Charity Development Office conducted a training session on the Charity Law. According to Ma Jianyin, there were over a hundred people present ranging from members of regional social organisations and civil administrators to private individuals. When asked if they had a thorough understanding of the Charity Law and its supporting documents, almost no one of those present raised their hand.

Many places have not yet started to carry out the work of recognising charity organisations

Yang Tuan says that “the launch of the Charity Law and its supporting documents in quick succession has been a sort of test for the Ministry of Civil Affair’s departments nationwide, which have had to deal with a lot of details and an important task in a short period of time. What’s more, in comparison to the small number of first-tier developed cities, China’s overwhelming majority of second, third, and fourth-tier cities have a public welfare sector that is not very developed at all. Undoubtedly, the important point of the plan for educating people on the Charity Law should be to follow the lead of the Ministry of Civil Affairs, and handle the rest jointly with the relevant departments in a top-down execution of the related activities.

The activities also shouldn’t stay at the provincial level, only to then have the provinces fight with each other. Such a method might not be in line with the spirit of the law, its bylaws, and its meaning, and the results won’t be as effective. This time, we have got together with the Chengdu Charity Development Office and the Chengdu Charity Federation to carry out “2016 Charity Law interpretation” activities. We hope to popularise the law and its supporting policies in every region. Chengdu is our first stop, and then we will also carry out public explanations in nine other cities across the country.”

As one of the organisers of this event, the Chengdu Charity Federation’s Secretary General Rong Daoqing says the following: “Seeing that the Charity Law has already been proclaimed and implemented on a regional level regardless of whether organisations’ members or government administrators really understand the unclear areas, we are cooperating to carry out these educational activities. In addition to this, we will also launch other kinds of publicity exercises, in anticipation that this will allow everyone to have an even better comprehension of the substance of the Charity Law as well as its origin.

However, I believe that awareness and publicity activities carried out by NGOs are merely supplementary work. The major effort for the spreading of awareness on the law should come from the government. But this is not to say that this is solely the responsibility of the Ministry of Civil Affairs. It takes only one department to launch a law, but implementation is only accomplished with mutual cooperation between many departments. This also true of the Charity Law, which merely places the Ministry of Civil Affairs in a position of responsibility for the philanthropic and charity spheres, and functions as the main leading department to guide and supervise implementation. However, if the Charity Law is to have a real impact on the people, this will take the collaboration on all levels of the Propaganda Department, the Legal Departments and other organs as well as the Ministry of Civil Affairs, in order to promote awareness of the law”.

Regarding how to view the impact that the implementation of the Charity Law will have on philanthropic institutions, Rong Qingdao has this to say: “the Chengdu Charity Federation still hasn’t applied for recognition as a charity organisations, mainly because Chengdu’s Civil Affairs Bureau still hasn’t even begun to carry out charity recognition work. We are still actively preparing to carry everything out in accordance with the related supporting documents. Besides, we are in close contact with the relevant departments.

I believe the law’s implementation has to go through a process, and during this process both the implementing departments and the social organisations all need to conduct adjustments and perfect themselves. This inevitably will demand a period of labor pains. The Chengdu Charity Federation has actually already begun to adjust its own operational patterns starting in 2013. This includes opening public investment rights by using our own public investing platform as a base; gathering even more social resources together for charitable organisations; pushing for organisations to openly publish their information; promoting the collection of funds using a variety of established methods, all involving service-type projects; we cooperate with specialised social organisations, we provide the funds and the service organisations provide specialised services.”

All the same, Shenzhen Social Relief Foundation Office Director Li Yaoxing claims that “currently, we still haven’t carried out the charity recognition work because the Shenzhen Social Relief Foundation is registered with the Guangzhou Civil Affairs Bureau, and we still have not received any notification on this issue at the present time. On August 26-27 we already carried out a unified training in Guangzhou. The main aim was to study the Charity Law and its relevant supporting documents.”

According to Yang Tuan, “the launch of the Charity Law is an important milestone for the development of China’s public welfare sector. Even though it still has its imperfections, it creates a clear path to follow for the development of the sector. A process is needed for any kind of progress or improvement. The Charity Law has barely even started to be carried out. At this stage we need to do several things. Firstly, we must work together to promote the “Charity Law” across the country for a better awareness and implementation. Secondly, we need to find out what the problems are and discover the reasons behind them, so we can push the Charity Law to improve faster and better.”

《慈善法》实施遇困扰 慈善组织认定难题待解2016-10-27 来源 :公益时报  作者 : 菅宇正

2016年9月9日,北京市民政局向首批认定的21家慈善组织颁发了标明慈善组织属性的登记证书
《慈善法》正式实施以来,各地民政部门陆续开展对慈善组织的认定工作。图为深圳市民政局在本月初发布的新增慈善组织登记指引

■ 本报记者 菅宇正

《慈善法》正式实施一月有余,多项配套文件也陆续及时出台,对《慈善法》的具体执行起到了解释和补充的作用。然而,任何一部法律的完善都不可能一蹴而就,需要在具体的实施过程中不断地进行校准和打磨。

近日,《公益时报》记者了解到,不少非营利组织在进行慈善组织认定时遇到了一定的困扰,民政系统人员处理相关问题时也存在不少困惑,而不少地方民政部门更尚未开展慈善组织认定的相关工作。

对此,《公益时报》走进成都市民政部门,对当地情况进行了解,并邀请专家学者对《慈善法》实施之初的这一困惑进行解读。

慈善组织认定不一致

“2016年3月出台的《慈善法》中第三条对于慈善活动的定义与之后8月21日两办(中共中央办公厅、国务院办公厅)印发的《关于改革社会组织管理制度促进社会组织健康有序发展的意见》(以下简称《意见》)中对可直接申请登记慈善组织的定义并不相同,这不但会为职能部门后期工作带来困难,也会让很多社会组织在登记或认定为慈善组织时不知所措。”谈及《慈善法》,北京师范大学法学院讲师马剑银说出了自己的看法。

马剑银说:“《慈善法》的创新与亮点有很多,如:为慈善法制奠定基础;开门立法,成为民主立法典范;放开公募权;激活慈善信托等等。但不足之处也同样明显,如税收优惠方面,《慈善法》表示可以享受税收优惠,但在具体操作层面的如何享受税收优惠并未提及;另外,《慈善法》全文并未提及‘业务主管单位’,但实际过程中社会组织在很多方面依旧受到双重管理体制,其法律依据依旧不明确;还有,《慈善法》与其后出台的配套文件中对慈善组织的界定存在矛盾,对于许多条款的疑问,迫切需要一个类似‘慈善法再解释’的文件。”

《慈善法》第三条:本法所称慈善活动,是指自然人、法人和其他组织以捐赠财产或者提供服务等方式,自愿开展的下列公益活动:

(一) 扶贫、济困;

(二) 扶老、救孤、恤病、助残、优抚;

(三) 救助自然灾害、事故灾难和公共卫生事件等突发事件造成的损害;

(四) 促进教育、科学、文化、卫生、体育等事业的发展;

(五) 防治污染和其他公害,保护和改善生态环境;

(六) 符合本法规定的其他公益活动。

《意见》中可直接申请登记的慈善组织为:提供扶贫、济困、扶老、救孤、恤病、助残、救灾、助医、助学服务的公益慈善类社会组织。

对于二者存在的差异,马剑银认为,《慈善法》中对于慈善活动的界定更加广泛、全面,而之后出台的《社会服务机构登记管理条例》(《民办非企业单位登记管理暂行条例》修订草案征求意见稿)、《社会团体登记管理条例(修订草案征求意见稿)》及《意见》中对于可直接进行登记认定的公益慈善类社会团体范围则缩小,在《慈善法》作为我国公益慈善领域基本法已经确立且即将正式实施之际,这样的配套文件如果出台不免有些矛盾,而且会在具体执行过程中造成困扰。

解决问题需要倒逼机制

中国社科院社会政策研究中心副主任、研究员杨团也举例说明:“有一家从事教育事业的NGO,之前一直在从事慈善活动,如今在申请认定为慈善组织时,被告知其业务范围并不属于可直接登记的慈善组织范围,需要找到业务主管单位审查同意,才可进行登记认定。但根据《慈善法》对慈善活动的认定,其业务范围完全属于慈善活动,理应被认定为慈善组织,这让其负责人感到困扰:‘《慈善法》都认为我属于慈善组织范畴,配套文件却又要对我进行界定。’”

“面对这样的问题,我给其组织负责人的建议就是,首先按照规定准备好登记认定所需材料,然后向有关民政部门提交一份书面申明,内容就是按照《慈善法》规定,其组织所开展的业务范围属于慈善活动,应予以认定。在此过程中积极向社会反馈进展情况。”杨团给出这样的建议。

杨团还进一步表示:“向社会实时反馈,就是要将个案放大,呈现给公众和媒体,自《慈善法》出台后,一系列法规文件密集出台,这当中不可避免地存在很多实际操作层面上的问题,我认为就目前而言,要想解决这些问题,最有效的途径就是个案突破,通过公众与媒体对一个个实施过程中出现的个案问题进行关注和跟进,找到其产生的根本原因,进而与有关部门共同推进政策法规的修改完善,达成一种倒逼机制。”

被困扰的不止一方

而对于《慈善法》及各类配套文件的出台所带来的一些困扰,马剑银认为并不会单单出现在社会组织一方,作为身处一线的具体负责认定的民政系统工作人员,困惑同样存在,一边是刚出台的慈善领域基本大法,而另一边又是配套实施的行政法规,二者出现的矛盾让工作人员不知该如何做出解释;而且新出台的《慈善法》将社会组织登记、慈善组织认定、公募资质申请、公募活动备案管理等等一系列权限下放到县级人民政府民政部门,但在此之前,很多相关民政系统,如全国县一级民政系统并未涉及过此类业务范畴。

对此,《公益时报》记者咨询公益领域专业人士,对方表示,之所以会出现“慈善组织认定”,是因为现在将慈善组织作为了区别于其他社会组织形式的全新类别,并且涉及到后期税收优惠、捐赠票据领取等一系列问题,所以要进行统一认定,《意见》及《慈善组织认定办法》中对直接认定为慈善组织的界定范围之所以与《慈善法》中慈善活动的认定不同,一方面是因为《慈善法》属于我国公益慈善领域的基本大法,从其立法角度而言涵盖内容更加广泛,而如《慈善组织认定办法》此类配套法规文件则是更为具体的执行法规;另一方面,开展慈善活动的组织中有基金会,也有社会服务机构、社会团体,但这当中并不是所有的都符合《慈善组织认定办法》中的规定,需要进行认定。

对于社会组织需要寻求业务主管单位许可后才可认定为慈善组织的问题,对方表示,目前而言,我国社会组织在登记注册之时都会先找到主管单位,再到民政部门登记注册,而对于无法找到主管部门的社会组织,则都是由民政部门审核通过后“一手托两家”,也就是既当该组织的主管单位,又当登记注册单位。但对于相关业务权限下放到县级民政系统方面,该人士也坦言:“此前有关社会组织的登记注册及管理工作,县级民政系统都不参与;而如今突然增加大量此前未曾接触的业务工作,确实是一个很大的挑战。”

由此,各地民政系统工作人员能否真正掌握《慈善法》及相关配套法规文件显得尤为重要,普法效果的好坏直接关系到法律法规的具体落实。

普法至关重要

国家社会组织管理局副局长安宁在回答《公益时报》记者就普法计划的问题时表示,目前民政部只负责全国各省级民政系统学习《慈善法》及配套文件,而各县、市民政系统的普法工作则由省民政部门组织开展。而对于基层民政系统工作人员在实际操作方面,安宁表示,民政部已经出台了相关的业务认定流程表,在具体操作当中,更多的将以社会组织根据表格填写相关内容,工作人员根据相关表格为度进行认定的形式进行,这样既简化了操作难度,也加快了工作效率。

对此,《公益时报》记者还采访了成都市民政局民间组织管理处处长刘川云,对方表示,对国家出台的《慈善法》及一系列相关配套文件,成都市民政局正在抓紧开展内部学习。“短时间内出台了大量的法规文件,这对于各地民政系统自身学习、掌握上确实是一个很大的挑战。”刘川云说道。当记者问及成都市对于《慈善法》及配套文件的普法计划时,刘川云坦言:“目前还没有非常明确具体的普法计划,因为谈到普法,首先自己要熟悉、掌握相关法律法规,但就目前而言,我个人认为全国民政系统自身对于相关法律还处在一个学习阶段,所以这一阶段,应该将重点放在如何让职能部门自身全面、透彻的领悟、掌握、运用相关法律法规方面。”而对于权限下放到县级民政系统后,是否会给从未接触过此类业务的工作人员带来一些困难时,刘川云说:“权限下放到之前未参与、接触过社会组织相关工作的县级民政系统,确实会在一定时期内是对其工作人员的一次挑战,但是一方面,法律出台到具体实施还需要一个过程,很多地方还没有开展相关工作,所以在实践中会出现什么样的具体问题还犹未可知;另一方面,还是需要一线民政系统工作人员深入学习、切实掌握相关法律法规。”

值得一提的是,在10月19日成都市慈善事业发展办公室举办的《慈善法》培训会上,当马剑银向全场100多位来自地方社会组织、民政系统工作人员及个人问及对《慈善法》及其配套文件是否有深入了解时,全场几乎无人举手。

多地尚未开展慈善组织认定工作

杨团表示:“《慈善法》及配套文件的密集出台,其实对各地民政部门都是一种考验,时间短、内容多、任务重;在这种情况下,相比少数的一线发达城市,我国绝大多数二、三、四线城市此前公益慈善事业并不发达,无疑是普法计划中的重点,理应由民政部牵头,会同其他有关部门自上而下进行普法活动,不应该仅仅停留在国家到省级、省级再各自为战,这样的模式很可能在立法精神、法律细则、法律含义等方面的普及过程中出现断层,导致普法效果大打折扣。本次我们联合成都市慈善事业发展办公室、成都市慈善总会等开展的‘2016《慈善法》解读’活动,就是希望在各地方进行《慈善法》及相关配套政策的普及,成都是我们第一站,接下来我们还将在全国9个城市进行宣讲。”

作为本次活动的主办方之一,成都市慈善总会秘书长荣道清表示:“正是鉴于《慈善法》已经颁布实施,但地方上无论是机构工作人员、政府工作人员等还存在很多不了解、不清楚的地方,所以才合作开展这样的普法活动,除此之外,我们还将开展其他多种形式的宣传活动,意在让大家更加全面地了解《慈善法》的内容及其由来。但是,我认为民间机构的普及宣传只是作为一种补充,普法工作的重要力量应该是政府,但这并不表示就单单是民政部门一家的事情,任何一部法律的出台、实施都是多个部门之间相互配合完成的,《慈善法》也是一样,它只是进一步明确了民政部门在公益慈善领域的主管地位,并且作为主要牵头部门引导和管理,但要使得《慈善法》深入人心,除了民政部门,还需要各级宣传部门、法制部门等共同努力,推动这部法律的普及推广。”

对于如何看待《慈善法》实施后对地方公益机构的影响时,荣道清说:“成都市慈善总会还没有申请认定慈善组织,主要是因为成都市民政部门尚未开始进行慈善组织认定等工作,我们目前更多的还是按照出台的相关法律文件进行积极准备,并且密切与有关部门沟通。我认为法律的落实需要一个过程,在这个过程当中无论是职能部门自身抑或是社会组织都需要根据法律法规进行相关调整、完善,这是必然要经历的一个阵痛期,成都慈善总会其实从2013年开始就已经着手对自身运作模式进行不断的调整,其中包括:以自身公募平台为基础开放公募权,为众多慈善组织汇聚更多的社会资源;推动组织自身信息公开;推动募、用分离机制的建立,凡是涉及服务类项目,我们都与专业的社会组织合作,我们提供资金,社会组织提供专业服务。

同样,深圳社会救助基金会办公室主任李遥兴也表示:“目前我们还没有进行慈善组织认定工作,因为深圳社会救助基金会是在广东省民政厅注册,但目前还没有接到相关认定通知,9月26日、27日我们已经在广州进行了统一的培训,主要内容就是学习《慈善法》及相关配套文件。”

杨团表示:“《慈善法》的出台在中国公益慈善事业发展中是具有里程碑式意义的,即便是其仍有待完善的地方,但它为我国公益慈善事业发展指明了前进的方向,任何事物的进步与完善都需要一个过程。《慈善法》才刚开始实施,现阶段我们迫切要做的,其一,就是共同努力,推动《慈善法》在全国范围内更好地普及与实施;其二,就是发现问题并找出原因,推动《慈善法》更快、更好地完善。”

Translated by Gregor Grossman and Jane Luksich

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