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15 July 2015

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Regulation of Changsha Civil Affairs Bureau on the Use and Control of Donations for Disaster Relief

This Regulation is enacted for the purpose of improving the control of the disaster relief funds and supplies, and making better use of them, in accordance with the Circular of the Provincial Civil Affairs Department and Finance Department on Further Strengthening the Control and Use of the Relief Funds.

 

Article 1 Policy and Administrative System

To insist on the disaster relief policy of "relying on the masses and the collective power, providing for oneself through production, helping and supporting each other, with the necessary national relief and aid". To implement the "multi-level management and multi-level responsibility" administrative system of disaster relief, with intent to strengthen the economic vitality of the disaster area and its intrinsic capacity to withstand disasters.

 

Article 2 Sources and Composition of Relief Funds and Supplies

1.Relief funds for natural disasters allocated in the financial budget

2.Remaining relief funds from last year and donations

3.Relief allowances and supplies allocated by higher authorities

4.Social relief funds and supplies raised in the current year.

 

Article 3 Relief Fund Use Principle, Scope and Application

1.The use of the relief funds shall strictly follow the principle of "specific funds for specific use with focus."The key use of the funds is to guarantee the basic life of those needy victims with poor self-rescue ability. The funds shall not be evenly distributed, withheld, embezzled or used non-gratis. Using grain or labour in exchange for relief funds or expanding the use of them without permission is prohibited.

2.The relief funds should be used to:

(1)Resolve the difficulties regarding clothing, food, accommodation and medical care that the victims are not able to cope with;

(2)Rescue, transfer and resettle the victims;

(3)Restore the collapsed houses of the victims and help them build new ones;

(4)Process, store and transport relief funds and supplies.

3.The application for relief funds shall in principle be submitted by the local people's government to the civil affairs department of higher authorities according to the disaster status and losses.

 

Article 4 Control of Social Donations for Disaster Relief

1. Principle of raising donations for disaster relief

The organization of social donations in response to the disaster shall be reported to and approved by the People's Government of the same level. The Office of Disaster Relief and Donations shall be established in the civil affairs departments in charge of the daily work. All goods and money raised for relief purposes shall be controlled by the Office.

2. Control of funds raised

(1)Registers for donating agencies and individuals to be filled in by the donors themselves shall be created.

(2)The Office of Disaster Relief and Donations shall write out legitimate receipts in triplicate, and hand them to the donor of the relief funds.

(3)The Office of Disaster Relief and Donations shall open a "special account for disaster relief donations."

(4)The Office of Disaster Relief and Donations shall appoint a specific person in charge of the funds donated through post remittance or bank transfer to the special account, and shall appoint a specific person to hand or post the receipt, thank-you note and certificate to the donor. A special register shall be created to record donations made anonymously or under an alias, or whose donor's address is not specified.

(5)The Finance Office of the Civil Affairs Bureau shall set up a special financial account for disaster relief donations so that the donations can be managed in this special account and deposited in bank in its name.

4.Control of properties donated

(1)Registers for donating agencies and individuals to be filled in by the donors themselves shall be created.

(2)The Office of Disaster Relief and Donations shall write out legitimate receipts in quadruplicate, and hand them to the donor of the properties.

(3)After counting the goods donated, the Office operator shall send them to a specified warehouse with the (warehouse) receipt. The warehouse keeper shall check them against the receipt and record them in the registers.

(4)The clothing, quilts and rice gathered in mass quantities shall be classified, assembled, arranged and transported separately. Donations from all areas and sectors shall be first assembled on the spot and then advise the Office of Disaster Relief and Donations of their quality and category. The donations shall be sent by the donor directly to the needy region specified by the Office. The region shall present a receipt of the donations to the donor, who shall submit one copy of this receipt to the Office of Disaster Relief and Donations.

 

Article 5 Verification and Approval of Distribution of Relief Funds and Supplies

1.The Disaster Relief Office shall submit a distribution programme of the relief funds at the municipal level with regard to the disaster status and losses of each region. Upon the verification of the competent deputy Bureau director and director, the programme shall then be reported to the competent deputy mayor for approval.

2.The Disaster Relief Office shall submit a distribution programme of the relief supplies to the competent deputy Bureau director and director for approval. The allocation of a large quantity of valuable supplies shall be reported to the Bureau party committee for group discussion.

3.The provisional relief for some severe regions or victims in dire need may be approved by one chief leader alone. The agency or individual concerned must submit a written report, with comments from its county (or the city/district), township (or the town/precinct) and village (or the community board). The Disaster Relief Office shall conduct field investigations and draft a relief standard, then report it to the competent deputy Bureau director or director for verification. If the quantity of the relief supplies applied for is large, the application must be reported to the competent deputy chief of the city (or county, district) for approval. The Finance Office shall not accept money withdrawal (or bank payment) request without the approval in sight.

 

Article 6 Allocation of Relief Funds and Supplies

1.The procedure of relief fund allocation:

(1)The Disaster Relief Office shall submit a distribution programme of the relief funds allocated by the State and Province to Changsha with regard to the disaster status and losses of each region. Upon joint consultation and signature by the Municipal Civil Affairs Bureau and Finance Bureau, the programme shall be issued to the subordinate civil affairs departments and finance departments in all regions of Changsha, and meanwhile, it shall be reported to the Provincial Civil Affairs Department for file.

(2)The financial funds allocated by the Central, Provincial or Municipal governments to each county (city) and district shall be remitted to the special account of disaster relief funds by the County Finance Bureau in accordance with the documents of the higher authority. Meanwhile, the Disaster Relief Office shall submit a distribution programme with regard to the disaster status and losses of each township (or town, precinct). Upon the verification of the competent Bureau director, the programme shall then be submitted to the Bureau Director's Office Committee for discussion. The programme shall be specified in the official documents by the County Civil Affairs Bureau and issued to the townships (or towns, precincts). These documents must be submitted to the County Finance Bureau and Municipal Civil Affairs Bureau for file.

2.Allocation of the relief funds

The distribution of large quantities of relief funds must be specified in the official documents by the Civil Affairs Bureau with regard to the disaster status and losses, and submitted for approval to leaders in the People's Government of the same level who are in charge of civil affairs.

3.Allocation and Transport of the relief supplies

(1)The recipient shall go to the Office of Disaster Relief and Donations for withdrawing receipts in quadruplicate. The recipient shall sign and seal on the warehouse keeper's order (the bill of lading and accompanying bills), with which the recipient can go to the specified warehouse for the allocated supplies. The warehouse keepers shall give the recipient the supplies in accordance with the quantity and category specified on the order and later record them on the register of relief supplies.

(2)The transport, loading and unloading charges of the relief supplies shall be paid by the recipient.

 

Article 7 Supervision and Control of the Use of Disaster Relief

1.The distribution of the relief funds and supplies shall be conducted as required: insisted on following the mass line and democratic appraisal. Upon the investigation of the situation, it requires the personal application, the nomination of the village group and the approval of the government at the county (city, district) or township (town, street) level. It shall be contracted to households and the result needs to be announced. Upon seeing the resident identity card or some other certificates of the applicant, the civil affairs offices at the township (town, street) level shall distribute the relief directly to the applicant. It requires the increase of the transparency in the distribution of the disaster relief. The following information must be made known in public: the requirement and principle of the distribution; the amount of the disaster relief allocated by higher authorities; the names of the relief recipients; the amount of the disaster relief they obtain. The relief for grain ration shall be used by insisting on the principle that the relief fund be distributed to household with grain. No cash, only grain supplying cards will be issued, with which grain can be exchanged.

2.The procedure of the distribution of the disaster relief must be clear, fully equipped with complete sets of receipts. The account shall agree with money, properties and other accounts. When civil affairs officials or financial clerks in charge of the disaster relief work transfer to other jobs, a handover procedure must be properly followed. They cannot leave their post without the approval of the leader in charge.

3.The disaster relief funds shall be used and controlled by the civil affairs departments, which combine both power and responsibility. The relief funds shall be financially supervised and audited. Meanwhile, the control and accounting of the relief funds shall be improved, so that the finance departments and clerks are entitled to deny payment to any claims not in conformity with the regulation.

4.Stricter inspections and supervisions shall be conducted on the use of the disaster relief, so that problems can be found and corrected in time. Any embezzlement, misuse, private distribution and retention of the disaster relief shall be severely punished. Upon the recovery of the money and properties, disciplinary penalties from the Party and the Administration or legal punishment will be given according to the gravity of their misconducts.

 

Article 8 Control of International and Domestic Donations

The relief donations to the disaster area of Changsha by any domestic agencies, individuals and international organizations, groups and individuals shall be used and controlled in reference to this Regulation according to the donor's wishes.