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Notice of the General Office of the Ministry of Health on Issuing the Provisions on the Administration of the Representative Agencies of Overseas Foundations Whose Businesses Are under the Charge of the Ministry of Health [Expired]
卫生部办公厅关于印发《卫生部业务主管境外基金会代表机构管理规定》的通知 [失效]
【法宝引证码】
 
  
  
Notice of the General Office of the Ministry of Health on Issuing the Provisions on the Administration of the Representative Agencies of Overseas Foundations Whose Businesses Are under the Charge of the Ministry of Health
(No.78 [2008] of the Ministry of Health)
All related entities:
For the purposes of regulating and guiding the activities of the representative agencies of overseas foundations whose businesses are under the charge of the Ministry of Health and promoting the sound development of the health public welfare undertakings, in accordance with the Regulation on the Administration of Foundations, this Ministry has formulated the Provisions on the Administration of the Representative Agencies of Overseas Foundations Whose Businesses Are under the Charge of the Ministry of Health, which are hereby distributed in print to you for your compliance and implementation.
March 27th, 2008
Provisions on the Administration of the Representative Agencies of Overseas Foundations Whose Businesses Are under the Charge of the Ministry of Health
 

卫生部办公厅关于印发《卫生部业务主管境外基金会代表机构管理规定》的通知
(卫办国际发〔2008〕78号)


各有关单位:
为规范、引导我部业务主管境外基金会代表机构的行为,促进卫生公益事业的健康发展,根据《基金会管理条例》,我部制定了《卫生部业务主管境外基金会代表机构管理规定》,现印发你们,请遵照执行。
二○○八年三月二十七日
卫生部业务主管境外基金会代表机构管理规定
Article 1 For the purposes of regulating the work of the representative agencies of overseas foundations whose businesses are under the charge of the Ministry of Health (MOH) and promoting the sound development of the health public welfare undertakings, these Provisions have been formulated in accordance with the Regulation on the Administration of Foundations.
The “representative agency of an overseas foundation” as mentioned in these Provisions refers to a representative agency legally established by an overseas foundation in China (hereinafter referred to as “representative agency”).
   第一条 为规范卫生部业务主管的境外基金会代表机构工作,促进卫生公益事业的健康发展,根据《基金会管理条例》,制定本规定。
本规定所称境外基金会代表机构,是指境外基金会在我国境内依法设立的代表机构(以下简称代表机构)。
Article 2 The MOH shall legally guide, supervise and administer the representative agencies whose businesses are under its charge, and support them in legally conducting activities.
No representative agency whose business is under the charge of the MOH may conduct activities in the name of the MOH without approval.
   第二条 卫生部依法对业务主管的代表机构进行指导、监督和管理,并支持其依法开展活动。
卫生部业务主管的代表机构未经批准,不得以卫生部的名义开展活动。
Article 3 A representative agency satisfying the following requirements may apply to the MOH for the MOH to take charge of its business in China:
   第三条 具备下列条件的代表机构可申请卫生部作为其在华活动的业务主管单位:
1. Its scope of major business activities is, in principle, consistent with the work field under the charge of the MOH;
 (一)主要业务活动范围原则上应当与卫生部主管的工作领域一致。
2. Its public welfare expenditures on the medical and health undertakings in a fiscal year are, in principle, no less than 60% of the total public welfare expenditures in the fiscal year; and
 (二)每财政年度用于医药卫生事业的公益支出原则上不低于其财政年度总公益支出的60%。
3. It acknowledges the health policies of China, is willing to accept the business guidance and coordination by the MOH, and abides by these Provisions, and its activities or programs to be conducted are in line with the health work guidelines and health development planning and conducive to promoting the development of health undertakings and improving the health level of the people.
 (三)认同我国卫生政策,愿意接受卫生部业务指导和协调,遵守本管理规定,拟开展的活动或项目符合卫生工作方针和卫生发展规划,有助于促进卫生事业的发展,提高人民群众的健康水平。
Article 4 According to the provisions of the Regulation on the Administration of Foundations, the MOH shall assist the registration administrative authority by performing the following functions for the representative agencies whose businesses are under its charge:
   第四条 按照《基金会管理条例》的规定,卫生部配合登记管理机关对业务主管的代表机构履行如下职责:
1. Guiding the representative agencies to observe laws, regulations and policies of the state;
 (一)指导代表机构遵守国家法律、法规和政策。
2. Regulating and guiding the business activities and cooperation projects of the representative agencies;
 (二)规范、指导代表机构的业务活动以及合作项目。
3. Taking charge of the preliminary examination of the registration of establishment, registration of change, deregistration and record-filing of staff of the representative agencies;
 (三)负责代表机构设立登记、变更登记、注销登记、人员备案的初审。
4. Taking charge of the preliminary examination in the annual inspection of the representative agencies; and
 (四)负责代表机构年度检查的初审。
5. Providing guidance and assistance on health-related issues involved in the business activities of the representative agencies.
 (五)对代表机构业务活动中涉及卫生的事项提供指导和帮助。
Article 5 A representative agency shall handle the formalities for establishment, change and deregistration according to the relevant provisions and procedures contained in the Regulation on the Administration of Foundations.
......
   第五条 代表机构应按照《基金会管理条例》中的有关规定和程序办理设立、变更和注销。
......



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