Constitution of the CCTF
Chapter I General Provisions
- Article 1 This fund shall be known as "China Children and Teenagers' Fund," abbreviated as the "CCTF" (hereinafter referred to as the "CCTF" or the "fund").
Article 2 The CCTF is a fund with the qualifications to raise funds from the public in accordance with China's Charity Law, the Guidance on the Management of Public Fundraising of Charitable Organizations and other legal regulations.
Article 3 The CCTF is committed to promoting the cause of children and teenagers and their all-around development, and creating more opportunities for them to enjoy better lives on an equal basis. It firmly abides by China's Constitution, laws, regulations and national policies, practices socialist core values, promotes patriotism, follows social ethics, and strengthens the building of integrity and self-discipline.
Article 4 The CCTF sticks to the overall leadership of the Communist Party of China (CPC), sets up the Party's affiliated organizations, carries out relevant activities and provides assistance to the operation of its Party branches.
Article 5 The amount of the fund's original capital upon registration was 8 million yuan, contributed by the All-China Women's Federation (ACWF) and social donors.
Article 6 The CCTF is registered and regulated at the Ministry of Civil Affairs, and supervised by the ACWF.
Article 7 The CCTF is located in Beijing.
Chapter II Scope of Activities
- Article 8 The activities of the CCTF cover:
(1) to conduct fundraising activities and receive donations from home and abroad in accordance with legal regulations;
(2) to collect public donations in cash and materials through charitable performances and sales;
(3) to lawfully utilize intangible assets in fundraising through mutually beneficial cooperation;
(4) to preserve and increase the value of its capital in accordance with the principles of lawful operation, security and effectiveness;
(5) to adhere to its mission, take part in disaster relief and emergency assistance for children and teenagers and offer them psychological intervention in the wake of disasters;
(6) to implement charitable activities favorable to the physical and mental health of children and teenagers and assistance activities compatible with the founding mission;
(7) to conduct friendly exchanges and mutual cooperation with Hong Kong, Macao and Taiwan compatriots, overseas Chinese, and other organizations and individuals from home and abroad;
(8) to promote charitable culture, summarize and exchange experiences, and reward organizations and individuals for their contributions to the children's charitable cause in China with the approval of relevant government departments;
(9) to respond to the needs of children and teenagers, safeguard their lawful rights and interests, and make proposals on the legislation of relevant laws and regulations.
If matters specified in the activity scope of the fund require legal permission, they should go through relevant procedures in accordance with the laws, regulation and administrative policies.
Chapter III Organizational Structure & Fund Management
- Article 9 The CCTF has a board of directors with 11-25 members. The board members serve a term of five years and they can be reelected to serve another term at the end of their previous tenure.
Article 10 Members of the board of directors shall have the following qualifications:
(1)to have full capacity for performing civil juristic acts independently;
(2)to love the charitable cause of children and teenagers;
(3)to have relevant working experience;
(4)to enjoy relevant working qualifications;
(5)to be honest and fair in performing official duties and all dealings.
Article 11 The election and removal of board directors
(1)Members of the first board of directors of the CCTF should be nominated by its supervisory body, major donors and initial sponsor, and are determined through consultation;
(2)During the reelection of the CCTF board directors, its supervisory body, the board of the directors and major donors shall jointly nominate candidates of new board members and set up a leadership team in charge of reelection affairs;
(3)The removal and co-option of a board member shall be decided by vote and submitted to the supervisory body for review and approval;
(4)Those with close relatives in the fund cannot serve in the same board of directors;
(5)The result of election and removal of a board member shall be entered into the records of the administration unit.
Article 12 Rights and obligations of the board members
(1)Rights
①to be entitled with the right of electing, being elected and voting;
②to be entitled with the right to recommend board member candidates;
③to be entitled with the right to take part in activities organized by the CCTF;
④to be entitled with the right to deliberate, supervise, make comments on and give proposals on the work of the fund.
(2)Obligations
①to fulfill the mission of the CCTF;
②to love children and teenagers, safeguard their lawful rights and interests, and dedicate efforts in promoting their all-around development;
③to protect the lawful rights and interests of the fund;
④to implement the constitution of the fund and its resolutions;
⑤to complete all work of the fund;
⑥to actively take part in activities of the fund.
Article 13 The board of directors is the decision-making body of the CCTF and performs the following functions:
(1)to implement the spirit of the CPC Central Committee and abide by the Charity Law and other legal regulations;
(2)to draft and make amendments to the constitution of the fund;
(3)to elect and remove the president, vice-presidents and secretary-general;
(4)to decide on plans for major business activities, including fundraising, management and fund-utilization;
(5)to audit annual income and expenditures;
(6)to formulate internal management regulations;
(7)to determine the establishment, revision and termination of the administrative office, sub-offices and representative offices;
(8)to vote for the appointment of the deputy secretary-general of the fund and head of its functional departments under the recommendation of the secretary-general;
(9)to review and adopt the work report made by the secretary-general;
(10)to determine matters such as division, merger and termination of the fund;
(11)to vote for establishment of honorary titles and the appointment of relevant candidates;
(12)to make decisions on other major events.
Article 14 The board of directors shall convene no less than two meetings in a year. The president shall convene and preside over the board meetings.
A board meeting shall be held at the request of one-third of the board members. Board members are entitled to recommend a person to convene a board meeting when the president cannot fulfill his or her duties.
Presidents or board meeting conveners shall inform all board members and supervisors of the opening of prospective board meetings in writing five days in advance.
Article 15 The board meeting shall be held only when two-thirds of board directors are present. A board decision shall be deemed valid only when it is passed by over half of board members present. Resolutions on the following major issues shall be deemed valid only when they are voted upon and adopted by two-thirds of board directors present:
(1)to revise the constitution;
(2) to elect and remove the president, vice-presidents and secretary-general;
(3) to organize major fundraising and investment activities as specified in the constitution;
(4) to ratify the annual work report and auditing report;
(5) to approve the division, merger and termination of the fund.
Article 16 Each board meeting shall keep its minutes and file them in records. Meeting minutes shall be prepared for review and signature by all board members present when relevant resolutions are made during the meeting. If the resolution adopted by a board meeting is against the laws, regulations and provisions of this constitution and trigger losses to the fund, the board members who vote in favor of them shall be held accountable for relevant consequences. Meanwhile, those who show their disapproval of the resolution, as testified by the meeting minutes, are eligible for exemption from accountability.
Article 17 The CCTF has a three-member board of supervisors. Members of the board of supervisors enjoy the same tenure with members of the board of directors. When the term expires, the supervisors can be re-elected.
Article 18 The members of the board of directors and their close relatives and financial personnel of the fund cannot serve as members of the board of supervisors.
Article 19 The appointment and removal of supervisors:
(1)Supervisors shall be chosen by major donors and the supervisory body;
(2)The registration and administration authority is entitled to appoint board supervisors in accordance with need;
(3)The changes of board supervisors shall proceed in accordance with appointment procedures.
Article 20 The rights and obligations of supervisors
(1)to examine the financial and accounting documents of the CCTF in accordance with the procedures specified in this constitution, and supervise the board of directors in observing the law and regulations;
(2)to attend the meetings of the board of directors as observers with the right to question and advise the board, and report to the registration authority, the supervisory body, and relevant taxation and accounting departments;
(3)to abide by relevant laws, regulations and the constitution of the fund, and exercise their functions faithfully.
Article 21 The number of directors who receive their payment from the CCTF shall not exceed one-third of the total number of the board members. Board supervisors and part-time board directors shall not get payment from the fund.
Article 22 Members of the board of directors shall not take part in decision-making of affairs in which their personal interest is connected with that of the CCTF. Members of the boards of directors and supervisors and their close relatives shall not engage in business with the fund.
Article 23 The board of directors consists of the president, vice-presidents and secretary-general, who are elected from members of the board.
Article 24 The president, vice-presidents and secretary-general of the CCTF shall be qualified as follows:
(1)to have considerable influence in the professional fields of the fund;
(2)The maximum age of three senior positions shall not exceed 70 and the secretary-general is a full-time position;
(3)to have sound health and be competent for work;
(4)to have independent capacity to fulfill civil obligations;
(5)to be qualified for other additional standards for being an official with affiliation to the CPC in accordance with internal regulations.
Article 25 People under any of the following conditions cannot serve as president, vice-president and secretary-general:
(1)Be an in-service public civil servant;
(2)Those who are sentenced under control, in custody or for imprisonment or who are not yet up to five years after the end of their prison term;
(3)Those who are being deprived of their political rights for involvement in crimes or who had been deprived of political rights;
(4)Those who served as president, vice-president and secretary-general of a fund which was forced to be closed less than five years ago because of their misconduct;
Article 26 President, vice-presidents and secretary-general who come from China's Hong Kong and Macao special administrative regions and Taiwan Province and those from other countries shall stay on the Chinese mainland for no less than three months in a year.
Article 27 The tenure of president, vice-presidents and secretary-general of the CCTF is five years and they can be reelected for two consecutive terms. For those who are expected to serve another term under special circumstances after winning reelection twice, their appointment shall be approved by the board of directors by vote, examined by the supervisory body and approved by the registration and administration authority.
Article 28 The president of the CCTF is its legal representative. The legal representative cannot serve concurrently as the legal representative of other organizations.
The legal representative of the fund shall come from the Chinese mainland.
During the term as the legal representative, he or she should be responsible for the violation of the Regulations on the Operation of Funds and this constitution. Due to the wrongdoing of the legal representative, which leads to law violation and financial losses of the fund, the legal representative should hold personal responsibility.
Article 29 President of the CCTF shall have the following rights:
(1)to summon and preside over the meetings of the board of directors;
(2)to review the implementation of resolutions adopted by board meetings;
(3)to sign important documents on behalf of the fund or delegate the privilege to others.
Vice-presidents and secretary-general of the CCTF shall perform their duties under the leadership of the president. The secretary-general shall have the following rights:
(1)to take charge of daily work of the fund;
(2)to organize the implementation of resolutions adopted by the board of directors;
(3)to organize the implementation of annual plans for the fund's charitable activities;
(4)to make plans for fundraising, administration and utilization;
(5)to make the internal administrative regulations of the fund and submit them to the board of directors for review and approval;
(6)to coordinate the work of the fund's departments;
(7)to give proposals on the appointment and removal of deputy secretary-generals and head of financial department of the fund and forward them to the board of directors for approval;
(8)to make suggestions on the appointment or removal of heads of the fund's departments and forward them to the board of directors for approval;
(9)to make decisions on the appointment of the staff members of the departments;
(10)to make work report to the board of directors;
(11)to perform other functions assigned by the constitution and the board of directors.
Chapter Ⅳ Asset Management and Utilization
- Article 30 The CCTF has the following sources of income:
(1) fundraising;
(2) voluntary donations from individuals, legal corporate representatives and other organizations;
(3) investment income;
(4) income from activities and services within an approved scope;
(5) increased value of its funds and assets by law;
(6) other lawful income.
Article 31 The CCTF shall abide by laws and regulations and comply with its tenets and the scope of charitable activities stipulated in this constitution during the organization of fundraising activities and the acceptance of public donations.
Article 32 The CCTF shall disclose the plan of charitable activities to be organized and capital utilization in detail when it organizes fundraising. It shall submit a report on the organization of major fundraising activities to the supervisory body and registration and administration authority as a record.
The fund shall not impose apportionment or de facto apportionment of donations in any form when organizing fundraising activities.
Article 33 The assets and other income of the CCTF are under the protection of the law. They shall not be embezzled or misappropriated by any organizations or individuals in any way.
Article 34 The CCTF shall make use of its assets in compliance with the tenet stipulated in this constitution and within its scope of charitable activities. Donations shall be strictly utilized in accordance with the will of the donors when its purposes are clearly defined in donation agreements. Material supplies donated to the CCTF can be sold and auctioned when they cannot be directly utilized to meet its charitable purposes. Relevant income shall be used in line with the wishes of its donors.
Article 35 The CCTF will mainly utilize its assets for the following purposes:
(1) to support the country in the development of children and teenagers' cause and the promotion of their all-round development, and provide financial assistance for the organization of educational, cultural and public welfare projects for children and teenagers from disaster-affected and poverty-stricken areas and those inhabited by ethnic groups;
(2) to aid charitable projects in compliance with the will of donors;
(3) to organize fundraising activities;
(4) to reward organizations and individuals for their outstanding contributions to children's charitable cause in China;
(5) to cover the expenditure of other lawful activities.
Article 36 The major investment activities of the CCTF refer to:
(1)annual investment plans;
(2)equity investment worth over 2 million yuan;
(3)other investment activities recognized by the board of directors as having great influence upon the fund;
(4)other activities recognized by the board of directors as having great influence upon the fund;
The major fundraising activities of the CCTF refer to:
(1)fundraising activities requiring the review and approval of relevant departments in accordance with laws and regulations and those to be conducted nationwide;
(2)fundraising activities for over 50 million yuan;
(3)overseas fundraising activities;
(4)other fundraising activities recognized by the board of directors as having great influence upon the fund.
Article 37 The CCTF shall follow the principles of lawful operation, security and effectiveness to preserve and increase the value of its assets.
Article 38 The CCTF shall adhere to national standards concerning the annual expenditure of charitable organizations on charitable activities and the cost of their annual management.
Article 39 The CCTF shall release the types, application and review procedures of its charitable projects.
Article 40 Donors are entitled to ask the CCTF for information on the utilization and management of their financial contributions and put forward opinions and suggestions. The fund shall respond to their request in a timely and faithful manner. Donors have the rights to demand the fund to comply with their donation agreements or apply to the people's courts for withdrawal of the donation and removal the donation agreement when the fund is found to have acted against the donation agreement.
Article 41 The CCTF shall sign agreements with beneficiaries to define the ways and means of assistance, the amount of assistance and the utilization of assistance. The fund has the right to supervise the usage of the assistance and terminate the agreements when the beneficiaries do not use the assistance according to the agreements or otherwise violate the agreement.
Article 42 The CCTF shall implement the national unified accounting system, carry out accounting calculations in accordance with the law, and establish and improve an internal accounting supervisory system to guarantee the legitimacy, authenticity, accuracy and integrity of its accounting materials. The fund shall accept the tax and accounting supervision of the tax and accounting departments in accordance with the law.
Article 43 The CCTF shall have accounting personnel with professional qualifications. Its accountants cannot serve concurrently as cashiers. They must ensure a clear handover of all working materials to their successors when they are either transferred to other departments or terminate their contracts of labor with the CCTF.
Article 44 The fiscal and accounting year of the CCTF shall be from January 1 to December 31. The board of directors will review the following items prior to each March 31:
(1)work report and the documents of revenue and expenditure of the previous year;
(2)work plan and the budget for this year's revenue and expenditure;
(3)detailed list of all assets and property.
Article 45 The CCTF shall conduct an audit of its accounting when it releases an annual report, undergoes the reelection and replacement of its legal representatives, or has its assets liquidated.
Article 46 The CCTF shall annually submit a work report of the previous year to the registration and administration authority for review in accordance with national regulations on the management of charitable organizations.
Article 47 The CCTF shall publish its annual work report through media outlets designated by the registration and administration authority for public inquiry and supervision.
Chapter V Termination and Disposal of Remaining Assets
Article 48 The CCTF shall be terminated under any of the following circumstances:
(1) The tenets stipulated in this constitution are achieved;
(2) The fund cannot continue to organize charitable activities in compliance with this constitution;
(3) The fund is being divided or merged.
Article 49 The proposed dissolution of the CCTF shall be submitted to the supervisory body for approval within 15 days of its board of directors adopting the resolution. Application to revoke the registration shall be handed to the registration and administration authority within 15 days after the supervisory body approves the termination.
Article 50 Prior to the cancellation of its registration, the CCTF shall set up a liquidation group and accomplish work under the guidance of the registration and administration authority and supervisory body. The fund shall submit its application to the registration and administration authority for cancellation within 15 days after the completion of its liquidation. During the period of liquidation, it may not perform other activities.
Article 51 After the cancellation of its registration, the CCTF shall utilize its remaining assets for public welfare through the following methods under the guidance of the supervisory body and the registration and administration authority:
(1)to cover the expenditure for children and teenagers' education and welfare projects organized and implemented by its supervisory body;
(2)to support disaster relief and emergency assistance efforts organized by the central government and local governments through its supervisory body.
The remaining assets shall be donated to other public welfare organizations with identical tenets and tasks when the above-mentioned approaches are inapplicable. Such donations shall be made known to the public.
Chapter VI Amendment of the Constitution
- Article 52 Any amendment to the constitution shall be reported to the supervisory body for approval within 15 days after it is adopted by the board of directors. Once the approval is granted, the amendment shall be submitted to the registration and administration authority for review and confirmation.
Chapter VII Supplementary Provisions
- Article 53 The constitution was adopted by the first session of the 17th board of directors on June 15, 2020.
Article 54 The right of interpretation of the constitution shall be vested in the board of directors.
Article 55 The constitution becomes effective upon the approval of the registration and administration authority.