Law of the People’s Republic of China on the Red Cross Society (Revised in 2017)
Presidential Decree No. 63
The Law of the People's Republic of China on the Red Cross Society, revised and adopted at the 26th Session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on 24 February 2017, is hereby promulgated, effective as of 8 May 2017.
President Xi Jinping
February 24, 2017
（1993年10月31日第八届全国人民代表大会常务委员会第四次会议通过 根据2009年8月27日第十一届全国人民代表大会常务委员会第十次会议《关于修改部分法律的决定》修正 2017年2月24日第十二届全国人民代表大会常务委员会第二十六次会议修订）
(Adopted at the 4th Meeting of the Standing Committee of the 8th National People's Congress on October 31, 1993; amended according to the Decision on Amending Certain Laws adopted at the 10th Meeting of the Standing Committee of the 11th National People's Congress on August 27, 2009; and revised at the 26th Meeting of the 12th National People's Congress on February 24, 2017)
第一章 总 则
Chapter 1 General Provisions
Article 1 This Law is formulated with a view to protecting the life and health of human beings, maintaining the dignity of human beings, fostering humanism, promoting peace and progress, and ensuring and regulating the Red Cross Society's performance of its duties in accordance with the law.
Article 2 The Red Cross Society of China is a unitary Red Cross organization of the People's Republic of China and a social relief and aid society that engages in humanitarian work.
Article 3 All citizens of the People's Republic of China who, regardless of ethnic status, race, sex, occupation, religious belief and education status, recognize the Statutes of the Red Cross Society of China and pay membership dues, may join the Society on a voluntary basis.
Enterprises, institutions and the relevant organisations may apply to become a member of the Red Cross Society.
The State shall encourage natural persons, legal persons and other organizations to participate in the voluntary services of the Red Cross Societies.
The State shall support Red Cross activities carried out by teenagers in schools.
Article 4 The Red Cross Society of China shall abide by the Constitution and laws of China, adhere to the Fundamental Principles laid down by the International Red Cross and the Red Crescent Movement, and carry out its work independently in accordance with the Geneva Conventions and their Additional Protocols ratified or acceded to by China and the Statutes of the Red Cross Society of China.
The National Congress of the Members of the Red Cross Society of China shall formulate or revise the bylaws of the Red Cross Society of China by law, such bylaws shall not contradict the Constitution or any law of China.
Article 5 The people's governments at all levels shall provide the Red Cross Societies with support and financial aid, ensure the Society's performance of its functions and duties by law, and supervise over its activities.
Article 6 The Red Cross Society of China shall develop friendly relations and cooperation with the Red Cross and Red Crescent societies of all countries based on the principles of independence, equality and mutual respect.
第二章 组 织
Chapter Two Organization
Article 7 China Red Cross Society shall be established in the country. The Red Cross Society of China stands for the Red Cross Society of China.
Local Red Cross Societies at or above the county level shall be established according to the division of the administrative areas and manned with full-time staff members according to the actual need of work.
The Red Cross Societies may be established in the national trades according to need.
The Red Cross Societies at higher levels shall direct the work of those at lower levels.
Article 8 The Red Cross Societies at all levels shall establish their own councils and board of supervisors. The council and the board of supervisors shall be elected by the member representative assembly, and shall be responsible to and report on their work to the member representative assembly and accept their supervision.
The Council democratically elects its President and Vice-President. The Council shall implement the resolutions of the Members' Congress.
The executive committee shall be a standing executing agency of a Council. Its members shall be decided by the Council and report to the Council.
The board of supervisors shall democratically elect the chief supervisor and the deputy chief supervisor. The work of the Council and its Executive Committee shall be subject to the supervision of the Board of Supervisors.
Article 9 The All-China Federation of the Red Cross Societies may have an Honorary President and several Honorary Vice-Presidents. The Honorary President and Honorary Vice-Presidents are appointed by the Council of the Red Cross Society of China.
Article 10 The Red Cross Society of China shall have the status of legal person as a social organization; the local Red Cross Societies at various levels and the Red Cross Societies of different industries shall acquire the status of legal person as social organizations according to the law.
第三章 职 责
Chapter 3 Functions and Duties
Article 11 The Red Cross Society shall perform the following duties:
1. carry out work related to rescue and disaster relief and establish its emergency rescue system. Provide emergency rescue and humanitarian assistance to sick, injured and other victims in the event of wars, armed conflicts, natural disasters, accidents and public health incidents and other emergencies;
2. carry out emergency rescue training, disseminate knowledge about emergency rescue, disaster prevention and health and hygiene, and organize volunteers to participate in on-the-spot rescue operations;
(III) to participate in, and promote the work of blood donation, body donation and human organ donation, and participate in the work related to the donation of hematopoietic stem cells;
(IV) organizing Red Cross voluntary services and activities among teenagers;
(V) to take part in international humanitarian relief work;
(VI) promoting the Fundamental Principles of the International Red Cross and the Red Crescent Movement and the Geneva Conventions and their Additional Protocols;
(VII) accomplish the tasks entrusted by the people's government in accordance with the Fundamental Principles of the International Red Cross and the Red Crescent Movement; and
(VIII) conduct its work in accordance with the relevant provisions of the Geneva Conventions and their Additional Protocols;
(IX) to assist people's governments in other humanitarian service activities related to its functions and duties.
Article 12 In conducting rescue or relief operations during wars, armed conflicts, natural calamities, accidents and disasters, public health incidents and other emergencies, personnel, goods and materials, and transportation vehicles marked with the signs of the Red Cross shall have the priority of passage.
Article 13 No organization or individual shall obstruct the staff of the Red Cross Society in the performance of their functions and duties of relief, aid and rescue according to law.
Chapter 4 Marks and Name
Article 14 The Red Cross Society of China shall use the sign of Red Cross against a white background.
The sign of Red Cross has the function of protection and indication.
The protective role of the sign of the Red Cross is to show the personnel, equipment and facilities that must be respected and protected during wars and armed conflicts. The sign shall be used in conformity with the relevant provisions of the Geneva Conventions and their Additional Protocols.
The indicative use of the sign of the Red Cross is to mark the persons or objects related to the activities of the Red Cross. The way the sign is to be used shall be defined by the State Council and the Central Military Commission according to this law.
Article 15 Where the medical and health institutions of armed forces of the State use the sign of the Red Cross, such use shall be in line with relevant provisions of the Geneva Conventions and their Additional Protocols.
Article 16 The sign and name of the Red Cross shall be protected by law. It is prohibited to use the sign and name of the Red Cross for profits or falsely use, misuse or tamper with the sign and name of the Red Cross in any form.
Chapter 5 Property and Regulation
Article 17 The property of a Red Cross Society mainly derives from:
1. membership dues paid by members of the Red Cross Society;
2. money and goods donated by organizations and individuals at home and abroad;
(III) incomes derived from movable and immovable property;
(IV) appropriations from the people's government; and
(V) Other lawful incomes.
Article 18 The State shall support the public welfare undertakings set up by the Red Cross Society in conformity with its aims.
Article 19 Red Cross Societies may solicit contributions by law. Such solicitation activities shall conform to the applicable provisions of the Charity Law of the People's Republic of China.
Article 20 Where the Red Cross Society accepts money and goods donated by natural persons, legal persons and other organizations in accordance with the law, it shall provide donors with the bills for public welfare donations that are uniformly manufactured (printed) by the finance department. Where a donor wishes to remain anonymous or waive the donation receipt, the Red Cross Society shall keep a record.
Donors are entitled to tax incentives in accordance with the law.
Article 21 Red Cross Societies shall dispose of the money or goods they receive from donations under the contribution plan, will of donors or donation agreements.
A donor shall have the right to inquire about and duplicate relevant materials concerning the management and use of the property donated by it, and the Red Cross Society shall take the initiative to give timely feedback to such donor.
In the event that a Red Cross Society misuses the donated property in violation of the contribution solicitation plan, will of the donor or the purpose agreed in the donation agreement, the donor shall have the right to request it to effect rectification; if it refuses to do so, the donor may file a complaint with or report it to the department of civil affairs under the people's government, or file a lawsuit with the people's court.
Article 22 Red Cross Societies shall establish financial management, internal control, auditing and disclosure, and supervision and inspection systems.
The Red Cross Society shall use its property in conformity with its aims.
For the donated money and goods abroad, a Red Cross Society shall establish a special examination and supervision system.
The Red Cross Society shall retain an independent third-party institution legally established in a timely manner to audit the incomes and use of the donated money and goods, report the auditing results to its Council and Board of Supervisors, and disclose such results to the public.
Article 23 A Red Cross Society shall establish and improve its information disclosure system, regulate its information disclosure, and disclose the amount of money and goods donated as well as the use thereof through a uniform information platform to the public in a timely manner for public supervision.
Article 24 The Red Cross Society's property income and its use are subject to the supervision of certain departments under the people's governments, such as the audit departments in accordance with the law.
The acceptance and use by a Red Cross Society of social donations shall be subject to the supervision of the department of civil affairs under the people's government.
Article 25 No organization or individual may distribute without authorization, misappropriate, withhold or embezzle the property of a Red Cross Society.
Chapter 6 Legal Liabilities
Article 26 Where the Red Cross Society and its staff fall under any of the following circumstances, the departments of audit and civil affairs under the people's government at the same level shall order it to make corrections; where the circumstance is serious, the directly liable person-in-charge and other directly liable persons shall be given sanctions according to law; where any damage is caused, civil liability shall be borne according to law; where a crime is constituted, criminal liability shall be investigated according to law:
1. where it disposes of donated money and goods without authorization in violation of the contributions plan, the will of donors, or the donation agreement;
2. Where it allots without permission, appropriates, withholds or embezzles any property;
(III) where it fails to give the feedback on the relevant situation or issue a donation bill to a donor according to the law;
(IV) failing to audit the incomes and use of donated money and goods according to law;
(V) failing to disclose information in accordance with the law; or
(VI) other circumstances stipulated by laws and regulations.
Article 27 Where a natural person, a legal person or any other organization falls under any of the following circumstances and causes damage to others, it shall bear civil liability according to the law; if the act constitutes a violation of public security administration, it shall be subject to public security administration punishment according to the law; if a crime is constituted, it shall be investigated for criminal liability according to the law:
1. where it falsely uses, misuses or tampers with the sign or name of the Red Cross;
(II) Where it uses the sign or name of the Red Cross to seek profits;
(III) Where it fabricates, publishes, or disseminates false information, thereby damaging the reputation of the Red Cross Society;
(IV) where it steals, damages or otherwise infringes upon the property of the Red Cross Society;
(V) where it obstructs the staff of the Red Cross Society in the performance of their functions and duties of relief, aid and rescue according to law; or
(VI) other circumstances stipulated by laws and regulations.
Where the Red Cross Society and its staff have committed any of the acts listed in Paragraphs 1 and 2 of the preceding paragraph, they shall be punished in accordance with the provisions of the preceding paragraph.
Article 28 Where the relevant departments of the people's governments at various levels and their staff abuse their powers, neglect their duties or engage in malpractices for personal gain during the supervision and administration, the persons who are directly in charge and the other persons who are directly liable shall be punished in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
第七章 附 则
Chapter 7 Supplementary Provisions
Article 29 "The Fundamental Principles of the International Red Cross and the Red Crescent Movement" mentioned in this Law refers to the seven Fundamental Principles, namely humanity, impartiality, neutrality, independence, voluntary service, unity and universality laid down in the Statutes of the International Red Cross and the Red Crescent Movement adopted by the Twenty-fifth Conference of the International Red Cross in Geneva in October 1986.
"The Geneva Conventions" mentioned in this Law refer to the four Geneva Conventions of 12 August 1949 and then ratified by the People's Republic of China, namely, the Geneva Convention on Amelioration of the Conditions of the Wounded and the Sick in Armed Forces in the Field, the Geneva Convention on Amelioration of the Conditions of the Wounded, the Sick and Shipwrecked Members of Armed Forces, the Geneva Convention on the Treatment of Prisoners of War, and the Geneva Convention on the Protection of Civilian Persons in Time of War.
"The Additional Protocols" to the Geneva Conventions mentioned in this Law refers to the Protocol Additional to the Four Geneva Conventions of 12 August 1949, and relating to the Protection of Victims in International Armed Conflicts and the Protocol Additional to the Four Geneva Conventions of 12 August 1949, and relating to the Protection of Victims in Non-international Armed Conflicts acceded to by the People's Republic of China on 8 June 1977.
Article 30 The Law shall come into force as of May 8, 2017.
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