Measures for the Management of Personal Assistance Online Service Platforms

Measures for the Management of Personal Assistance Online Service Platforms

(Order No. 75 of the Ministry of Civil Affairs of the People's Republic of China, the Cyberspace Administration of China, the Ministry of Industry and Information Technology of the People's Republic of China, the Ministry of Public Security of the People's Republic of China, and the National Financial Regulatory Administration, adopted at the executive meeting of the Ministry of Civil Affairs on July 26, 2024, and issued with the consent of the Cyberspace Administration of China, the Ministry of Industry and Information Technology, the Ministry of Public Security, and the National Financial Regulatory Administration, are hereby issued and shall come into force on September 5, 2024.)

Article 1 These Measures are developed in accordance with the Charity Law of the People's Republic of China and other applicable laws and regulations for the purposes of strengthening the management of personal assistance online service platforms and protecting the lawful rights and interests of applicants for assistance, information publishers, and donors.
Article 2 These Measures shall apply to personal assistance online service platforms within the territory of the People's Republic of China.
For the purposes of these Measures, “personal assistance online service platforms” means online platforms that specifically provide services, such as the release of assistance information and the collection, management, and allocation, among others, of donation funds for individuals who have family economic difficulties caused by illness or any other reason.
Article 3 A personal assistance online service platform shall be designated by the civil affairs department of the State Council.
A personal assistance online service platform shall follow the principles of legality, integrity, voluntariness, fairness, and openness, and provide services to applicants for assistance, information publishers, and donors.
A personal assistance online service platform shall not impose additional conditions on applicants for assistance, information publishers, or donors that violate laws and regulations or contravene social ethics, and shall not endanger national security or damage public interest or others' lawful rights and interests.
Without designation, no organization or individual may carry out activities in the name of a personal assistance online service platform or engage in the release of assistance information, the collection, management, and allocation, among others, of donation funds, or provide other personal assistance online services.
Article 4 To apply for designation as a personal assistance online service platform, the following conditions shall be met:
(1) There is an operator in compliance with the provisions of these Measures.
(2) The networking recordation formalities have been undergone at the public security authority, and the security assessment with public opinion attributes or social mobilization capabilities has been conducted in accordance with the law.
(3) The cybersecurity protection level must be not less than Level 3, and the recordation certificate for information security management protection issued by the public security authority has been obtained.
(4) The applicant only provides personal assistance online services, has a business system with complete functions, is able to provide online and offline services, and is able to verify the veracity of the assistance information released through it.
(5) The applicant has developed sound service agreements, rules for releasing assistance information, personal information processing rules, and other platform rules.
(6) Other conditions prescribed by laws and regulations.
The operator as mentioned in subparagraph (1) of the preceding paragraph shall meet the following conditions:
(1) It must have an independent legal person status, have actually conducted operations or activities for two years or more, and have paid-in registered capital, registered funds, operational funds, and startup funds that are appropriate for operating a personal assistance online service platform at the time of application. If the operator is a company, the paid-in registered capital at the time of application shall not be less than 20 million yuan.
(2) It must sign a deposit agreement for donation funds with a bank.
(3) It shall file non-operating Internet information services and obtain the Internet Information Service (ICP) recordation number. If operating telecommunications services are involved, it shall also obtain a valid Value-Added Telecommunications Business Permit of the People's Republic of China issued by the telecommunications department.
(4) It shall ensure the relative independence of the personal assistance online service platform, regulate affiliated business operations, and establish a risk isolation mechanism.
(5) It shall have a sound internal governance structure and standardized operations.
(6) It shall have no record of serious violation of law and dishonesty and has not been subject to any administrative penalty such as restricting its production and operations, ordering the suspension of production or operations, ordering the closure, or restricting employment.
Article 5 To apply for designation as a personal assistance online service platform, the following materials shall be submitted:
(1) An application form for the personal assistance online service platform.
(2) Supporting materials proving the compliance with the conditions specified in Article 4 of these Measures and a declaration on the veracity of the materials.
(3) Other materials required by laws, regulations, and the civil affairs department of the State Council.
Article 6 The civil affairs department of the State Council shall issue an announcement on the selection of personal assistance online service platforms according to work arrangements.
The civil affairs department of the State Council shall establish a review committee to determine the list of proposed designated personal assistance online service platforms and disclose the list to the public. After the expiry of the publicity period, the civil affairs department of the State Council shall determine and announce to the public the list of designated personal assistance online service platforms.
The civil affairs department of the State Council shall publish the list within 30 days of accepting the application, and the time required for publicity shall not be included in the aforesaid 30 days.
Article 7 Except for platforms that have provided personal assistance online services before these Measures come into force, no operator of any platform may open a special deposit account for donation funds for personal assistance without the designation by the civil affairs department of the State Council.
The operator of a platform that has provided personal assistance online services before these Measures come into force and is designated by the civil affairs department of the State Council shall submit a written report on the opening of special deposit accounts for donation funds to the civil affairs department of the State Council within five days after the publication of the list of personal assistance online service platforms designated by the civil affairs department of the State Council.
After the publication of the list of personal assistance online service platforms designated by the civil affairs department of the State Council, the operator of a personal assistance online service platform......