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administrative guidance is established in accordance with relative
legislations including Law for Donation to Charities of People’s
Republic of China, Enterprise Income Tax Law of People’s Republic
of China, Individual Income Tax Law of People’s Republic of
China, due to the following courses: to win understanding and
support from every social sector and make ample use of the advantages
of social groups; to explore and adopt as many channels under
supervision of the state law and regulation to collect charity
funds; to strive for support and sponsorship from individuals
and groups who care for Chinese national culture from all over
the world; to organize and sponsor creative activities, exhibitions,
research, publish and other activities of the culture and art
exchange groups; last but not the least, to train culture and
art talents and to promote development and prosperity of Chinese
literature and art as well as that of social charity work.
Article I China Literature and Art Foundation
is a social group approved by the People’s Bank of China and
registered in the Ministry of Civil Affairs. The state encourages
the development of social charity course, and welcomes charity
donations from natural persons, legal persons and other organizations.
The legislative rights and interests of CLAF are guarded by
laws including Law for Donation to Charities of People’s Republic
of China.
Article II According to CLAF Chart, this
foundation accepts donations, i.e. money and materials, from
social groups and individuals from China and other parts of
the world. The donation is voluntary, and the two parts can
negotiate and make the best of the donations.
Article III Donators to this foundation,
including natural persons, legal persons and other organizations,
shall receive preferential tax policy in accordance with relative
laws and regulations.
I. Companies and other enterprises who make donations to
charity in accordance with the state law shall receive preferential
tax policy in the enterprise income tax, as approved by laws
and regulations (Article 24 of Law for Donation to Charities
of People’s Republic of China). The charitable donations of
the enterprise which value within 12% of its yearly profit shall
be deducted when accounting its income tax (Article 9 of Enterprise
Income Tax Law of People’s Republic of China).
II. Natural persons and legal persons who make donations
to charity in accordance with the state law shall receive preferential
tax policy in the individual income tax, as approved by laws
and regulations (Article 25 of Law for Donation to Charities
of People’s Republic of China). The donations which value within
30% of the individual income shall be deducted when accounting
the individual income tax (Implementation Regulation of Individual
Income Tax Law of People’s Republic of China).
Article IV The donations from outside China
shall receive preferential tax policy of the import tax and
VAT, i.e. cut down or exempt from import tax and VAT (Article
26 of Law for Donation to Charities of People’s Republic of
China).
Article V This foundation will reward in
many ways the social groups and individuals who support the
development of Chinese literature and art with donations. In
order to guarantee the rights and interests of the two parties,
to make a donation to this foundation requires a donation agreement
approved by both parties. The donation agreement shall clarify
the form and amount of the donation, as well as the direction
of the donation. The two parties shall sign and approve the
agreement. The donation money shall be put into the designated
account of this foundation, and the donation materials shall
be transferred to this foundation. CLAF will deliver donation
certifications to donators (social groups and individuals).
CLAF will organize donation ceremonies or press conference regarding
to the form and value of the donation. Honorary titles will
be awarded to donators regarding to the form and value of the
donation. Media coverage will be followed (if approved by the
donators in the first place). CLAF will carry out the rewards
committed in the agreement.
Article VI This foundation and our partners
will establish funds and conclude corporation agreements to
allocate the donations strictly in accordance with the direction
of the donations. CLAF will clarify the directions and channels
of the donations and provide fund forms to partners to report
data and statistics. According to Regulation of Foundations,
each fund of this foundation shall receive annual inspection
of the Ministry of Civil Affairs.
Article VII This foundation carries out
the state regulated accounting system. CLAF possesses an integrated
accounting and supervising system and enforces accounts adjusts
in accordance with the law. This foundation assures the legality,
actuality, accuracy and completeness of the accounting data.
Article VIII This foundation possesses the
legitimate right to supervise and inspect the realization and
implementation of each fund. The sponsored groups shall report
the implementation of the fund and provide a detailed accounting
form after the fund item is fully implemented.
Article IX The utilization of the funds
of this foundation shall strictly apply to the Chart of China
Literature and Art Foundation and to the Implementation Regulation
of China Literature and Art Foundation. This foundation shall
accept supervision of CLAF Council and from all social sectors.
Article X Council of China Literature and
Art Foundation is in the final power to interpret this guidance.
China Literature and Art Foundation
Sept.8.2008 |