Regulations of Shanghai Red Cross Society
Regulations of Shanghai Red Cross Society
(June 22, 2022)
(Adopted at the 19th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on June16,1995;amended in accordance with the Decisions on Amending Some Local Regulations of Shanghai adopted at the 21st Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on September 17, 2010; revised at the 41st Session of the Standing Committee of the 15th Shanghai Municipal People's Congress on June 22, 2022)
Chapter I General Provisions
Article 1
With a view to promoting the development of the Red Cross cause in this Municipality, protecting human life and health, safeguarding human dignity, carrying forward the Red Cross spirit of humanity, fraternity and dedication, and ensuring and standardizing the Red Cross societies’ performance of their duties according to law, these Regulations are formulated in accordance with the Law of the People's Republic of China on Red Cross Societies and other relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations shall apply to the Red Cross work and the related activities carried out within the administrative areas of this Municipality.
Article 3
The Red Cross societies at the municipal, district, town/township and sub-district levels are the local organizations of the Red Cross Society of China, the social relief organizations engaged in humanitarian work, the assistants of the Party and the government in the humanitarian fields and the bridges linking the masses. They must adhere to the leadership of the Communist Party of China, carry out their work independently in accordance with laws, rules and the articles of association of the Red Cross Society of China, and follow the basic principles of the International Red Cross and Red Crescent Movement.
Article 4
The people's governments at all levels in this Municipality shall incorporate the cause of the Red Cross into their national economic and social development plans.
The municipal, district, town/township people's governments and sub-district offices shall support and subsidize the work of the Red Cross societies, ensure that the Red Cross societies perform their functions and duties according to law, and supervise their activities.
The relevant departments of the municipal and district people's governments shall, in accordance with their respective duties, support the Red Cross societies in carrying out their work.
Article 5
The week in which the "World Red Cross Day" on May 8 each year falls is the "Red Cross Charity Week" in this Municipality. Efforts shall be made to carry out the Red Cross activities and cultural publicity in a concentrated way.
Article 6
The municipal and district people's governments shall, in accordance with the relevant provision, commend and reward the units and individuals that have made outstanding contributions to the cause of the Red Cross and have had great social impacts.
Article 7
Under the guidance of the National Red Cross Society of China, the Municipal Red Cross Society shall carry out exchanges and cooperation with the Red Cross societies of other provinces, autonomous regions and municipalities directly under the central government, strengthen exchanges with the Red Cross societies of the Hong Kong Special Administrative Region and Macao Special Administrative Region and the Red Cross organizations of Taiwan, develop friendly cooperation with the local Red Cross societies and Red Crescent societies of other countries, and participate in the affairs of the International Red Cross and Red Crescent Movement.
The Municipal Red Cross Society shall actively promote the linkage of the regional emergency rescue teams in the Yangtze River Delta and the study of the Red Cross theories and culture, realize the sharing of humanitarian resources, establish multi-level cooperation mechanisms, and promote the coordinated development of the regional Red Cross undertakings.
Chapter II Organization
Article 8
This Municipality, districts, towns/townships and sub-districts shall establish local Red Cross societies in accordance with their administrative areas. The Red Cross societies at higher levels shall direct the work of the Red Cross societies at lower levels.
The schools, medical institutions and other enterprises and institutions, residents' committees, villagers' committees and other organizations may, as necessary, establish the Red Cross societies as the grassroots organizations of the local Red Cross societies. The Red Cross societies at the municipal, district, tow/township and sub-district levels shall strengthen their guidance on the construction and work of the grassroots organizations of the Red Cross societies and provide support for their activities.
Article 9
Within the administrative areas of this Municipality, the citizens of the People's Republic of China who recognize the articles of association of the Red Cross Society of China and pay membership fees may voluntarily join the Red Cross societies. The citizens who join the Red Cross societies in their personal capacity shall be the individual members, and students at school who join the Red Cross societies shall be the Red Cross youth members.
The organizations, enterprises, institutions and related organizations that join the Red Cross societies shall be group members.
Article 10
The municipal, district, town/township and sub-district Red Cross societies shall, in accordance with the articles of association of the Red Cross Society of China, convene a member representative assembly every five years to elect a board of directors and a board of supervisors. The board of directors and the board of supervisors shall be responsible to and report to the member representative assembly and accept its supervision.
Article 11
The board of directors shall democratically elect the president, executive vice president and vice president. The board of directors shall implement the resolutions of the member representative assembly.
The standing council shall be composed of the standing directors democratically elected by the board of directors and shall be responsible to and subject to the supervision of the board of directors.
The executive committee is the permanent executive body of the board of directors. Its composition shall be decided by the board of directors. It shall preside over the daily work of the Red Cross society and shall be responsible for and reports to the board of directors.
Article 12
The board of supervisors shall democratically elect the chairman and deputy chairmen of supervisors to supervise the implementation of the relevant laws, regulations, rules and regulations and the work of the board of directors, the standing council and the executive committee, and shall notify the board of directors and the executive committee of its supervision.
The municipal and district Red Cross societies shall specify the personnel to undertake the daily work of the board of supervisors according to their work needs.
Article 13
The Red Cross societies at the municipal, district, town/township and sub-district levels may have honorary presidents and honorary vice presidents, who shall be appointed by the board of directors of the Red Cross societies at the corresponding levels in accordance with their articles of association.
Article 14
The town/township and sub-district Red Cross societies that meet the requirements may acquire the legal person status of social organizations according to law.
Chapter III Responsibilities and Guarantee
Article 15
The Red Cross societies at the municipal, district, town/township and sub-district levels shall perform the following duties:
1. establishing the Red Cross emergency rescue systems and emergency rescue teams, carrying out emergency rescue related work such as rescue and relief, on-site rescue, epidemic prevention and disinfection and sterilization, and participating in post disaster reconstruction in natural disasters, accident disasters, public health events and other emergencies;
2. establishing the Red Cross humanitarian relief mechanisms, widely mobilizing social forces, and carrying out social assistance and related humanitarian services; in natural disasters, accident disasters, public health incidents and other emergencies, collecting and allocating disaster relief funds and materials to carry out emergency humanitarian relief;
3. establishing the Red Cross emergency rescue training systems, strengthening the construction of emergency rescue positions, popularizing the knowledge of emergency rescue and disaster prevention and avoidance, and carrying out emergency rescue skill training and drills;
4. participating in and promoting blood donation, remains and human organ donation, and participating in the work related to hematopoietic stem cell donation;
5. cultivating and developing Red Cross volunteer service organizations and volunteers, organizing volunteer training and Red Cross volunteer service, and providing necessary conditions for the volunteers to participate in volunteer service activities;
6. organizing and carrying out international humanitarian spirit dissemination, basic skills training for emergency rescue, life education and other Red Cross youth activities;
7. carrying out mass publicity activities in various forms, publicizing the basic knowledge of the International Red Cross and Red Crescent Movement and the relevant laws and rules, disseminating the Red Cross culture and carrying forward the spirit of the Red Cross;
8. participating in international humanitarian rescue and domestic emergency rescue work according to the deployment of the National Red Cross Society of China; and
9. completing the matters entrusted by the people's governments and assisting the people's governments in carrying out other humanitarian service activities related to their duties.
Article 16
The Municipal Red Cross Society shall, in conjunction with the municipal education and health departments, study and formulate the relevant policies for the inpatient medical mutual aid funds for the primary and secondary school students and the infants in this Municipality. The municipal and district Red Cross societies shall be responsible for the daily operation and management of the funds.
Article 17
The municipal, district, town/township people's governments and the sub-district offices shall incorporate the emergency rescue of the Red Cross into the governments’ emergency response systems, establish information sharing mechanisms, and coordinate and support the Red Cross societies in performing their duties of emergency rescue. They shall incorporate the construction of Red Cross disaster preparedness and relief materials storage warehouses into the local comprehensive disaster prevention and mitigation plans. They shall also encourage and support the Red Cross societies to establish various emergency rescue teams, equip them with necessary emergency rescue equipment, and improve the level of rescue specialization.
Article 18
This Municipality shall promote the training of emergency rescue in schools, government offices, buildings, enterprises, communities and villages.
The departments of health, education, transportation, culture and tourism, emergency management and public security shall support and cooperate with the Red Cross societies in carrying out their emergency rescue training.
Article 19
The health departments shall strengthen the overall planning and coordination of unpaid blood donation, hematopoietic stem cell donation, remains and human organ donation, and support the Red Cross societies in promoting the donation related work according to law.
The municipal and district people's governments and their relevant departments shall formulate and implement incentive policies for free blood donation, hematopoietic stem cell donation, remains and human organ donation.
The departments of civil affairs, planning and resources, etc. shall support the Red Cross societies in carrying out memorial activities via the establishment of memorial sites such as the memorial gardens for the remains and human organ donors.
Article 20
The town/township and sub-district Red Cross societies shall establish grassroots service platforms such as the Red Cross service s and Red Cross service stations to participate in grassroots governance and contact and serve the grassroots masses.
The town/township people's governments and sub-district offices shall provide fixed workplaces for the Red Cross service s and Red Cross service stations, and shall, according to the actual work needs, allocate professional working forces to carry out the community Red Cross work.
Article 21
The municipal and district people's governments and their relevant departments, the town/township people's governments and the sub-district offices shall incorporate the Red Cross voluntary service into their work of voluntary service, establish incentive mechanisms, encourage natural persons, legal persons and unincorporated organizations to participate in the Red Cross voluntary service, provide necessary guarantees for the voluntary service activities of the Red Cross, and safeguard the legitimate rights and interests of the volunteers.
Article 22
The education departments shall incorporate the Red Cross youth work into the ideological and moral construction systems for the minors and the overall plans for the ideological and political education for college students, promote the establishment of school Red Cross societies in schools of all levels and types, and carry out the Red Cross youth work.
Article 23
During natural disasters, accident disasters, public health incidents and other emergencies, the personnel, materials and means of transport carrying out rescue and relief tasks and marked with the sign of the Red Cross shall have the right of way, and vehicle tolls shall be reduced or exempted in accordance with provisions.
The public security, transportation, civil aviation, railway, taxation, customs and other departments shall, in accordance with the state provisions, give priority to the handling of the relevant formalities for the Red Cross societies to accept domestic and foreign assistance or donations for relief and public welfare undertakings, and the relevant taxes and fees may be reduced or exempted if they meet the requirements.
Article 24
The municipal and districts people's governments and their relevant departments, the town/township people's governments, and the sub-district offices shall rely on public cultural facilities to carry out the Red Cross cultural publicity.
The radio, television, newspapers, the Internet and other media as well as advertising agents shall arrange certain pages or periods of time for the Red Cross public welfare publicity.
The operators and managers of stations, airports, parks, squares and other public places shall facilitate the Red Cross societies to carry out public welfare activities such as fund-raising and publicity, and reduce or exempt the relevant fees.
Article 25
The relevant government departments may allocate necessary funds from the welfare lottery public welfare fund to support the Red Cross societies in carrying out their humanitarian relief work.
Article 26
The municipal, district, town/township people's governments and the sub-district offices shall incorporate the informatization construction of the Red Cross societies into the local informatization construction planning and digital transformation work, improve the scientific management and information disclosure level of the Red Cross societies, and realize the interconnection, joint construction and sharing of disaster preparedness and relief, humanitarian relief and other information.
Article 27
This Municipality shall incorporate the Red Cross work into the mass activities to promote cultural and ethical progress, guide the citizens to actively participate in the Red Cross emergency rescue training, voluntary services and other work, and carry forward the new trends in social civilization.
Article 28
The sign and name of the Red Cross shall be protected by law. No organization or individual may use the sign and name of the Red Cross for profit, or falsely use, abuse or tamper with the sign and name of the Red Cross in any form.
Article 29
No organization or individual may obstruct the staff members of the Red Cross societies from performing their duties according to law, or fabricate, publish or disseminate false information concerning the Red Cross societies, thereby damaging the reputation of the Red Cross societies.
Chapter IV Management and Supervision
Article 30
The main property sources of the Red Cross Society are:
1. membership dues paid by the members of the Red Cross societies;
2. money and goods donated by organizations and individuals at home and abroad;
3. income from movable and immovable properties;
4. appropriation by the people's governments; and
5. other legitimate income.
Article 31
The Red Cross societies may carry out fund-raising activities in accordance with law. To carry out public fund-raising, an applicant shall apply to the civil affairs department for a qualification certificate for public fund-raising in accordance with the relevant provisions. When carrying out the specific public fund-raising activities, a fund-raising plan shall be formulated and reported to the civil affairs department for the record according to law.
Article 32
The Red Cross societies shall issue donation bills for public welfare undertakings to the donors, which shall be uniformly supervised (printed) by the financial departments. If the donor is anonymous or waives receipt of donation, the Red Cross society shall keep the relevant records.
Article 33
The Red Cross societies shall dispose of the donated properties in accordance with the fund-raising plans, the wishes of the donors or the donation agreements. If, for special reasons, it is really necessary to change the use of the donated property specified in the fund-raising plans, it shall be reported to the civil affairs departments for the record; if it is really necessary to change the will of the donor or the purpose of the donated property as stipulated in the donation agreement, the donor's written consent shall be obtained.
The donors shall have the right to inquire about and copy the relevant information on the management and use of their donated properties. The Red Cross societies shall, in accordance with the relevant provisions of the State and this Municipality, take the initiative to feed back the relevant information to the donors in a timely manner.
Where the Red Cross societies conduct targeted fund-raising, they shall promptly inform the donors of the fund-raising and the management and use of the funds and goods raised.
Article 34
The Red Cross societies shall organize the implementation of public welfare projects carried out with the donated properties. The projects with strong professionalism and high technical requirements may be entrusted to the relevant departments or social institutions with corresponding capabilities for specific implementation.
Article 35
The Red Cross societies at the municipal, district, town/township and sub-district levels shall manage the donated properties and other properties separately, establish systems for financial management, internal control, open auditing, supervision and inspection, improve the internal supervision and restriction mechanisms, and ensure the safe and rational use of the donated properties. The Red Cross societies at a higher level shall strengthen their supervision over the work of the Red Cross societies at a lower level and over the use of the donated properties.
The boards of supervision of the Red Cross societies shall perform their supervisory duties in accordance with laws and rules, and strengthen the supervision over the acceptance, management and use of the donated properties.
Article 36
The income and use of the properties of the Red Cross societies shall be subject to the supervision of the finance, auditing, taxation and other departments of the people's governments according to law.
The Red Cross societies shall, in accordance with law, accept the supervision of the civil affairs departments of the people's governments over their acceptance and use of the social donations.
The Red Cross societies shall promptly engage independent third-party institutions established according to law to audit the income and use of the donated properties. The audit results shall be reported to the board of directors and the board of supervisors of the Red Cross societies and publicized to the public.
Article 37
The Red Cross societies shall establish and improve the information disclosure systems, timely announce the fund-raising, distribution and use, project implementation and other information to the public via unified information platforms, and accept the social supervision.
Article 38
The municipal, district, town/township people's governments and sub-district offices shall establish complaint and report acceptance and feedback mechanisms to accept the social complaints and reports about the Red Cross societies in the process of receiving, managing and using donated properties. The departments that accept complaints and reports shall investigate and handle them in a timely manner, and feed back the investigation and handling results to the complainants and informants.
Chapter V Legal Liabilities
Article 39
Where laws and administrative rules have already provided for the handling of the acts in violation of the provisions of these Regulations, such provisions shall prevail.
Article 40
Where any unit or individual violates the relevant provisions of these Regulations, in addition to investigating the corresponding legal responsibilities according to law, the relevant departments shall also collect their dishonest information to the municipal public credit information service platform according to the provisions, and punish them in accordance with the relevant provisions.
Article 41
Where the relevant government departments, the Red Cross societies and their staff members abuse their power, neglect their duties or engage in malpractices for personal gain, the persons who are directly in charge and the other persons who are directly responsible shall be given sanctions according to law. If a crime is constituted, criminal responsibilities shall be investigated according to law.