Announcement of the Standing Committee of the Tenth People’s Congress of Jiangsu Province   No. 55   The Measures of Jiangsu Province for the Implementation of the Law of the People’s Republic of China on Red Cross Society, adopted at the Tenth Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on June 17, 2004, are hereby promulgated and shall enter into effect as of August 1, 2004.   June 18, 2004   Measures of Jiangsu Province for the Implementation of the Law of the People’s Republic of China  on Red Cross Society  (Adopted at the Tenth Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on June 17, 2004)   Article 1 These Measures are enacted in accordance with the Law of the People’s Republic of China on Red Cross Society, in light of the specific situation of this Province and for the purposes of carrying forward humanitarianism, protecting lives and health of human beings and promoting peace and progress. Article 2 The Red Cross Societies established, according to the division of administrative regions by the Province, cities and counties (cities or districts) are local organizations of the Red Cross Society of China and social relief organizations engaged in humanitarian work, and shall acquire the qualification of legal persons as social organization according to law and carry out their work independently. Article 3 The working organs of local Red Cross Society at or above the county level shall be manned with full-time working personnel according to the actual. Where it is necessary, townships, neighborhoods, enterprises or institutions may establish grass-roots Red Cross Societies and man them with full-time or part-time working personnel. The Red Cross Societies at higher levels shall direct the work of the Red Cross Societies at lower levels. Local Red Cross Societies shall direct the work of the Red Cross Societies of trades and professions and that of the grass-roots Red Cross Societies within their respective administrative regions. Article 4 The local people’s government at or above the county level shall maintain liaison with the Red Cross Society at the same level in the work, and incorporate the Red Cross cause into the national economic and social special item development plans, render support, financial aid and supervision to the Red Cross Societies in their regions and provide necessary working conditions so as to ensure that the Red Cross Societies aforesaid can perform their duties according to law. The Red Cross Societies shall assist the people’s governments at the corresponding level in carrying out the work relevant to their duties. The government departments concerned shall, within the limits of their respective responsibilities, create conditions for the Red Cross Societies to carry out their work. The trades and units which the grass-roots Red Cross Societies are affiliated to shall give support to their work. Article 5 The local people’s government or Red Cross Societies at or above the county level shall commend and award the units and individuals that make outstanding contributions in humanitarian relief work. Article 6 Any unit or individual recognizes the Statues of the Red Cross Society of China and pays membership due may apply for joining the Red Cross Society on a voluntary basis, and become a collective or individual member of the Red Cross Society. Article 7 The Red Cross Societies at various levels may set up organizations of Red Cross volunteers and accept people from all walks of life as volunteers who are willing to work for the Red Cross Societies to assist the Red Cross Societies in carrying out their work. Article 8 A membership congress of the Red Cross Society at or above the county level shall be convened every 5 years. The council of the local Red Cross Society at or above the county level shall be established through democratic elections by the membership congress. The council shall, through democratic elections, elect president and vice-presidents, and decide on the choice of secretary-general upon nomination by the president. The council of the local Red Cross Society at or above the county level may invite honorable president and vice-presidents. When the membership congress is not in session, the council shall implement the resolutions adopted by the membership congress. The council is responsible for reporting work to the membership congress and is subject to their supervision. Article 9 The Red Cross Societies at various levels shall make preparations for disaster relief, administer the facilities for preparation and relief against disasters, collect and store funds and materials for disaster rescue and relief; they shall work out preplans for preparation and relief against disasters and emergencies, recruit and train the personnel engaging in rescue and relief, and establish within the system of Red Cross Society a network of preparation and relief against disasters. In case of natural disasters or emergencies, the Red Cross Societies at various levels shall, under the unified coordination of the government, assist the departments of public health and civil affairs in conducting relief and assistance to the sick, the injured and other victims, and assist governments in carrying out post-disaster reconstruction. Article 10 The Red Cross Societies at various levels shall work out local mass training plans for elementary hygiene and rescue in communities and in the trades probe to accidental injury or harms, and in combination with work safety, professional training and health care, conduct training in elementary rescue skills to the personnel concerned, so as to disseminate the knowledge of hygiene and rescue, and raise their ability of self-rescue and mutual rescue. Article 11 The Red Cross Societies at various levels shall carry out the work of publicity, mobilization and organization for donation of hematopoietic stem cells. The Red Cross Society of Jiangsu Province shall be in charge of the administration of the Jiangsu Branch of the China’s Databank of Donators for Hematopoietic Stem Cells and formulate an appropriate administering system. The Red Cross Societies at various levels shall participate in and promote the work of non-remunerated blood donation in accordance with the law; cooperate with relevant departments to carry out the work of publicity and organization for donation of human organs and bodies; take part in the work of publicity and education for prevention and treatment of AIDS and taking care of AIDS patients and HIV carriers. Article 12 The Red Cross Societies at various levels shall assist local governments and relevant departments in rendering community service and establishing the Red Cross service stations in communities, and arrange members of the Red Cross Society and the volunteers to provide humanitarian service to the orphan, the widowed and the disabled. Article 13 Red Cross Societies at various levels shall cooperate with education departments, integrate the Red Cross work at schools with the education of promoting students’ quality and health, and carry out education and practices embodying the humanitarian spirit of Red Cross. Article 14 The Red Cross Societies at the provincial and municipal level may, according to the principles of independence, equality and mutual respect, develop friendly exchanges and cooperative relations with the local Red Cross Societies or the Red Crescent Societies of foreign countries. The Red Cross Societies at the provincial and municipal level may develop cooperation and exchanges with Red Cross Societies of Hong Kong and Macao Special Administrative Regions and Taiwan district. The Red Cross Societies at various levels shall assist relevant departments in helping people to search their missing or scattered relatives. Article 15 Red Cross Society uses the Red Cross sign with the red cross on the white background. Whoever uses the Red Cross sign shall observe the provisions of the Measures of People’s Republic of China on the Use of Red Cross Signs in terms of its available scope and ways. The local Red Cross Societies at various levels shall assist the local peoples governments at the corresponding level in their routine supervision over and administration of the use of the Red Cross sign. No units or individuals may abuse the Red Cross sign. Where there is any wrong use or abuse of the Red Cross sign, Red Cross Society has the right to demand that such acts be discontinued, and may appeal to the peoples government at or above the county level and the relevant subordinate departments to deal with the matter within the limit of their respective responsibilities according to law. Article 16 The funds of the Red Cross Society come mainly from:
(1) membership dues paid by the Red Cross members; (2) donations from organizations and individuals at home and abroad; (3) income derived from movable and immovable property of the Red Cross Society; and (4) allocations by the people’s government. The funds for the full-time working personnel of the local Red Cross Society at or above the county level and the public funds for daily operation shall be guaranteed by being incorporated into the financial budget of the corresponding level; special funds needed shall be determined by the people’s governments at the corresponding level in light of the specific situation. Where it is necessary, the relevant government departments may allocate part of income from the public welfare funds raised by lottery to support the social relief undertakings of the Red Cross Society. Article 17 The Red Cross Societies at various levels may conduct fund-raising campaigns for disaster-relieving by means of charity performance, charity auctions or holding large-scale activities; put up endowment boxes in public places such as airports, railway stations, hotels, shopping malls, banks, parks and currency exchanging spots; and they may establish collecting and receiving spots for funds and materials offered for disaster rescue and assistance.   The Red Cross Society at or above the county level may establish Red Cross assistance foundations for the preparations against disasters to receive the endowments from organizations and individuals at home and abroad for developing Red Cross relief undertakings. Article 18 Funds and materials accepted by the Red Cross Societies from home and abroad shall be used for social relief, public welfare and the cause of Red Cross. The Red Cross Societies shall have the right to dispose of the funds and materials that they have accepted; when disposing of the donated funds and materials, they shall observe the donators’ wishes and be subject to their supervision. Funds and materials unfit for disaster relief and assistance may be adjusted by funds and materials fit for this end after being approved by the donators. Funds and materials donated for special objects shall still be used to the designated relief objects after being adjusted.   With regard to funds and materials remained after disaster relief and assistance, they may, according to their sources and with the donator’s consent, be used for the reconstruction of disaster-stricken areas or be transferred and used for preparations against disasters by the Red Cross Society.   When disposing of funds and materials allocated by the Red Cross Societies at higher levels, where it is necessary to adjust funds and materials for disaster relief and assistance or to dispose of the remaining funds and materials, the Red Cross Societies at various levels shall obtain the donators’ consent and report to the Red Cross Societies at higher levels for approval. Article 19 The Red Cross Society at or above the county level shall establish a fund examination and report system and accept the examination and supervision of the relevant administrative departments of the people’s government at the corresponding level. Special accounts shall be opened respectively for membership dues and the donated funds and materials. The use of the funds for disaster relief and assistance shall be reported to the council every year and be notified to the people’s governments at the corresponding level, and shall also be made public and be subject to the donators’ supervision. Article 20 Vehicles marked with the Red Cross sign for the special purposes of disaster rescue, relief and medical aid with which the local Red Cross Society at or above the county level are equipped, may go through the measures for reduction of or exemption from the fees for road maintenance after being verified by the provincial competent department of communications.   In case of natural disasters and emergencies, passing priority shall be given to the vehicles marked with the Red Cross sign which are performing tasks of disaster rescue, relief and medical aid, and the provincial competent department of communications shall go through the measures for reduction of or exemption from road tolls according to the provisions.   Personnel of the Red Cross Societies who are conducting the task of humanitarian relief shall have the priority to use means of public communications and transportation. Article 21 News media such as broadcasting, television, newspapers, periodicals and the units which engages in cultural undertakings shall make publicity of the laws and regulations related to the Red Cross cause and release public welfare advertisements of for the Red Cross Society. Article 22 Natural persons, legal persons or other organizations who donate funds and materials for public welfare or to disaster or poverty- stricken areas through Red Cross Societies may enjoy the preferential treatment of tax reduction or exemption in accordance with the relevant State provisions. Article 23 Where Red Cross Societies accept materials or equipment assisted or donated from home and abroad to be used for relief and public welfare, the departments of public security, customs, taxes, quarantine and inspection of importing and exporting goods, railway and civil aviation shall give them priority in going through the relevant measures and grant them reduction of or exemption from taxes and other fees according to the relevant provisions. Article 24 The local people’s governments at various levels shall give support in running the public welfares undertakings of Red Cross Societies in conformity with their goals. Article 25 The legitimate gains and other assets of Red Cross Societies are protected by law. No organizations or individuals may embezzle or misappropriate. Whoever embezzling or misappropriating the funds, assets and donated funds or materials shall be punished in accordance with the relevant laws and regulations. Where funds and materials donated for the purpose of disaster relief and assistance are not disposed of pursuant to the provisions, Red Cross Societies shall report the matter to the local people’s governments and the relevant departments. The relevant persons in charge and the responsible persons shall bear corresponding liabilities. Article 26 No organizations or individuals shall refuse or obstruct the working personnel of Red Cross Societies to perform their duties by law. In case of natural disasters and emergencies, anyone who obstructs the working personnel of Red Cross Societies to perform their duties shall be given administrative penalties of public security; if a crime is constituted, he shall be investigated for criminal liability according to law. Article 27 Working personnel of Red Cross Societies shall have good code of professional ethics, love the Red Cross cause, exemplarily abide by the Law of the People’s Republic of China on Red Cross Society and other laws and regulations and perform duties according to law. Article 28 Where any working personnel of Red Cross Societies who neglects his duty, abuses his power, engages in malpractices for personal gains, demands or accepts bribes or misappropriates money or materials for disaster relief and assistance shall be investigated for criminal liability if a crime is constituted; where a crime is not constituted, he shall be given administrative sanctions according to law. Article 29 These Measures shall enter into effect as of August 1, 2004.