山东体彩11选五走 www.vjeya.com Chapter I General Provisions
Article 1 This foundation shall be known as “China Education Development
Foundation”, abbreviated as “CEDF” (hereinafter referred to as “the
Article 2 The Foundation is a national public funding organization, supported
by the Ministry of Education (MoE) and the Ministry of Finance (MoF), which
raises fund from China as well as other countries and regions that grant
permissions to fundraising by the Foundation.
Article 3 The aim of the Foundation is to regularly hold nationwide
activities such as aiding poor students, assisting teachers, improving school
facilities, etc. so as to promote the healthy development of education and other
related undertakings in China. The Foundation abides by the Constitution, laws,
regulations and policies of the People’s Republic of China, and observes the
social ethics at large.
Article 4 The amount of the original registered capital of the Foundation is
50 million RMB, which is arranged by central finance.
Article 5 The registration authority of the Foundation is the Ministry of
Civil Affairs (MCA), and the supervisory body is MoE.
Article 6 The address of the Foundation is 35 Damucang Hutong, Xidan, Xicheng
Chapter II Scope of Operation
Article 7 The scope of operation of the Foundation is as
(1) to make grants to assist students from poverty-stricken
families in mainland China, so to help them accomplish their studies;
(2) to make grants to subsidize those poor students coming from Hong
Kong, Macao and Taiwan and studying in mainland China, so to help them
accomplish their studies;
(3) to render support to some
poverty-stricken areas in surmounting their difficulties encountered in the
process of education reform and development;
(4) to give awards to
those individuals and organizations with special contributions to China’s
education reform and development;
(5) to receive donations in forms of
funds, properties and free technical assistance by domestic or overseas
governments, organizations and individuals that support China’s education
development with keen interest;
(6) to organize fundraising activities
in agreement with the aims of the Foundation through various channels both at
home and abroad;
(7) to be entrusted or designated by the government for
various programs assisting and subsidizing education and other related
(8) to be entrusted by foundations or organizations both
at home and abroad to manage their funds devoted to China’s educational
undertakings; and to carry out cooperation and exchanges with other partner
foundations both at home and aboard;
(9) other activities specified in
Chapter III Organizations and
Article 8 The Board of Directors of the Foundation consists of 15-25
Directors.The tenure of the Directors shall be for five years. One may serve
another term if he/she is reelected at the end of the tenure.
Article 9 The Directors shall have the following
(1) to accept the aims and objectives of the Foundation
and be willing to serve the Board voluntarily;
(2) to possess working
experiences of research or administration in a certain field and with good
(3) to possess strong sense of responsibility for
public interests, being able to participate in the discussion and
decision-making process independently, objectively and prudently in accordance
with the principles of being fair, just and open;
(4) to possess strong
capabilities in decision-making and interpersonal communication.
Article 10 Appointment and Dismissal of the Directors
1. The first term
Directors are nominated by the supervisory body and major sponsors, and are
determined through consultation;
2. The election of the second term and
subsequent term Directors shall abide by relevant provisions of this
3. Dismissal and supplemental of Directors shall be decided by
voting of the Board of Directors and approved by the supervisory body;
Results of election and dismissal of the Directors shall be reported to the
registration authority for records.
Article 11 Rights and Obligations of the Directors are:
(1) to be
entitled with the right of electing, being elected and voting;
(2) to be
entitled with the right of taking part in the activities held by the
(3) to be entitled with the right of criticizing,
supervising and advising the daily work of the Foundation;
(4) to abide
by this Constitution and safeguard the lawful rights and interests of the
(5) to implement the resolutions of the Foundation;
(6) to accomplish the tasks given by the Foundation;
make comments and propose advice to the Foundation.
Article 12 The Board of Directors is the decision-making body of the
Foundation, which exercises the following responsibilities:
draft and modify the Constitution of the Foundation;
2.(2) to elect and
dismiss the Chairperson, Vice-Chairperson and the
3.(3) to examine and approve the annual plan for
4.(4) to examine the annual budget and final accounts on
revenue and expenditure;
5.(5) to examine and approve the internal
6.(6) to establish executive offices, branches and
7.(7) to appoint principal officers of different
departments nominated by the Secretary-General;
8.(8) to listen to and
evaluate the report of the Secretary-General and supervise the performance of
9.(9) to make decisions on the division, merger
or termination of the Foundation;
10.(10) to make decisions on other
Article 13 The Board of Directors shall convene no less than two meetings
annually. The Chairperson is responsible for convening and presiding over
A Board meeting shall be held at the request of one-third of the
Board Directors. When the Chairperson is unable to convene the meeting, the
Vice-Chairperson or the representative of the Directors who so proposed may
convene the meeting.
The Chairperson or the meeting convener shall inform all
the Directors and Supervisors of the meeting five days in
Article 14 The meeting of the Board shall be held only
when two-thirds of the Directors are present. A Board decision shall be deemed
valid only when it is passed by half of number of the Directors
Resolutions on the following major issues shall be deemed valid only
when they are voted upon and adopted by two-thirds of the Directors
1.(1) amendment to this Constitution;
election or dismissal of the Chairperson, Vice-Chairperson or the
3.(3) division or merger of the Foundation.
Article 15 Each Board meeting shall keep its minutes and filed in record.
Where resolutions are made during the meeting, a meeting minutes shall be
prepared that will be checked and signed by each Director present. Should the
resolutions made by the Board violate laws, regulations or provisions of this
Constitution that cause impairment to the Foundation, the Directors voting in
favor of the resolutions shall be responsible for the consequences, whilst the
Directors voting against the resolutions, as testified by the meeting minutes
may be exempted from responsibility.
Article 16 The Foundation shall set up a Board of Supervisors, consisting of
three to seven Supervisors and one Chairperson. The Chairperson shall be
selected among the Supervisors. The Supervisors as well as the Chairperson enjoy
the same tenure as the Directors, eligible for another term.
Article 17 The Directors, their close relatives and accountant of the
Foundation shall not assume the position of Supervisor.
Article 18 The appointment and dismissal of
1. Supervisors shall be appointed respectively by major
donors and the supervisory body;
2. Supervisors may be appointed by the
registration authority when the latter deems it necessary;
3. The change
of Supervisors shall follow the same procedure as their appointment.
Article 19 Rights and obligations of the Supervisors are:
examine the financial and accounting documents of the Foundation according to
the procedure set forth in this Constitution, and monitor the observance by
Board of Directors’ of laws and this Constitution；.
2.(2) to attend
Board meetings as observers, with the right to question or to advise the Board,
and report to the registration authority, the supervisory body, and relevant
taxation and accounting departments；.
3.(3) to abide by the relevant
laws, regulations and this Constitution, and exercise its functions
Article 20 The number of Directors who obtain salaries from the Foundation
shall not exceed one-forth of the total. Supervisors and part-time Directors
shall not obtain salaries from the Foundation.
Article 21 A Director shall not be associated with decision-making when
his/her personal interest is interrelated with that of the Foundation. The
Directors, Supervisors and their close relatives shall not do business with the
Article 22 The Board of Directors shall set up the positions of Chairperson,
Vice-Chairperson and Secretary-General. The first term Chairperson,
Vice-Chairperson and Secretary-General shall be selected in conformity with
Article 23 The Chairperson, the Vice-Chairperson and the Secretary-General
shall have the following qualifications:
1.(1) to adhere to the Party
line, principles and policies and be imbued with good political
2.(2) to be devoted to the cause of education development in
3.(3) tThe maximum age of incumbent Chairperson, Vice-Chairperson
and Secretary-General shall not exceed seventy. The Secretary-General shall be a
full time officer;
4.(4) to be in good health and capable of fulltime
5.(5) never be inflicted of such criminal penalties as deprivation
of political rights;
6.(6) to be in full capacity for civil conduct.
Article 24 Under any of the following circumstances, a person cannot sit as
Chairperson, Vice-Chairperson, or Secretary-General of the
1.(1) He/she is an in-service civil
2.(2) It is less than five years since he/she was punished of
surveillance detention, or sentenced for a fixed-term imprisonment；.
3.(3) His/her political rights are for the time just being under
deprivation or used to be deprived due to his/her criminal act；.
It is less than five years since a foundation has been cancelled of registration
due to its illegal practice where he/she used to serve as the Chairperson, the
Vice-Chairperson or the Secretary-General and should bear personal
responsibilities thereof for it.
Article 25 Tenure of the Chairperson, the Vice-Chairperson and the
Secretary-General shall be for five years. And they shall serve no more than two
consecutive terms. Their tenure may be extended only in extraordinary cases when
the extension has been ratified by the Board of Directors, and be examined by
the supervisory body and approved by the registration authority.
Article 26 The Chairperson of the Board is the Foundation’s legal
representative and shall not serve concurrently as legal representative of
The legal representative of the Foundation shall be a
resident from mainland China.
During the tenure, should it occur that the
Regulations on the Administration of the Foundation or this Constitution are
violated, the legal representative shall bear his/her relevant responsibilities.
Should it that the Foundation suffers loss of property caused by breach of duty,
the legal representative shall bear his/her personal responsibilities.
Article 27 The Chairperson of the Foundation shall exercise the following
(1) to convene and preside over the board
(2) to exercise the duties on behalf of the Board of Directors
between sessions of the Board;
(3) to supervise and urge the
implementation of the resolutions adopted by the Board of
(4) to examine and ratify the annual program of major events
submitted by the Secretary-General for discussion by the Board;
sign important documents on behalf of the Foundation;
(6) to examine and
ratify the annual reports on budget and final accounts of revenue and
expenditure submitted by the Secretary-General.
The Vice-Chairperson shall
assist the Chairperson in dealing with all the major duties under the leadership
of the Chairperson, and preside over the board meetings whenever the Chairperson
fails to do so.
The Secretary-General conducts work under the leadership of
the Chairperson and the Vice-Chairperson, and exercises the following
(1) to submit a summary report on the annual work of the
Foundation and make proposals on the main work of next year;
(2) to take
charge of the daily operations of the Foundation and the implementation of the
resolutions adopted by the Board of Directors;
(3) to submit to the
Board of Directors proposals on major events of the Board for the current
(4) to put forward plans for the raising, management and usage of
(5) to draft the in-house administrative rules of the Foundation
and submit them to the Board of Directors for examination and
(6) to coordinate among different units and branches of the
(7) to propose employment and dismissal of candidate
officers in charge of each unit of the Foundation, and submit the proposal to
the Board of Directors for approval;
(8) to put forth an annual report
on budget and final accounts of revenue and expenditure;
(9) to decide
on the recruitment of full-time staff for each unit of the
(10) to exercise other duties authorized by this
Constitution and the Board of Directors.
Chapter Ⅳ Management and Utilization of
Article 28 The Foundation is a national public funding foundation and its
funds come from the following sources:
1.(1) donated funds and
2.(2) voluntary endowments made by natural persons, legal
persons or other organizations;
4.(4) grants and allocated expenditures from the governments,
or the funds entrusted by the governments;
5.(5) other legitimate
Article 29 The fund-raising and the acceptance of donations and endowment by
the Foundation shall abide by laws and regulations, comply with the aims
stipulated in this Constitution and its scope of operation.
Article 30 The Foundation shall, after funds are raised, make known to the
public on its proposed activities for public welfare by use of the funds. The
Foundation shall report major events to the supervisory body and the
registration authority for record. The
Foundation shall not, in any form, impose apportionment or de facto
apportionment of donations in its fundraising activities.
Article 31 The
assets and other income of the Foundation are protected by laws and should not
in any way be embezzled or misappropriated for personal gains or other usages by
any organization or any individual.
Article 32 The Foundation shall make use
of funds and assets in compliance with the aims stipulated in this Constitution
and within its scope of operation for public welfare. Where the ways of use of
donations are already defined in an agreement, the Foundation shall make use of
them in conformity with the said agreement. When
the donated assets proves unable to be utilized the way in conformity with the
aims of the Foundation, the Foundation may sell it by auction or sell it off
according to laws and the income thus occurring shall be used for the purposes
of the donation itself.
Article 33 The assets of the Foundation shall be used mainly for the
1.(1) to provide financial support to poor or gifted
students in mainland China, and to assist those poverty-stricken areas in
overcoming some of their difficulties arising in the process of educational
development and reform;
(2) to aid financially those poor students from
Hong Kong, Macao and Taiwan studying or engaged in further studies in Mainland
3.(3) to reward those individuals and organizations that have
made outstanding contributions to educational undertakings;
provide financial support to other relevant programs and activities that conform
to this Constitution;
5.(5) to cover the cost of the Foundation’s daily
operation, management and fund-raising;
6.(6) to cover other
expenditures approved by the Board of Directors.
Article 34 The term “major events of the Foundation” refers to large-scale
fundraising events nationwide or the acceptance of donations of 10 million RMB
or above; and overseas investment activities of 10 million RMB or above.
Article 35 The Foundation shall make its utmost to maintain or increase the
original value of its funds in conformity with the principles of lawfulness,
security and efficacy.
Article 36 The Foundation’s annual expenditure on its activities for public
welfare as stipulated in this Constitution shall be no less than seventy percent
of last year’s total income.
The amount of staff salaries, welfares and daily
operating cost of the Foundation shall not exceed ten percent of the total
expenditure of the year.
Article 37 The Foundation shall make known to the public funding programs it
undertakes, including the types of grants, procedures for their application,
assessment and examination as well as their actual effects.
Article 38 Donors are entitled to inspect the utilization and management of
their donations and to give their comments and suggestions in this regard. The
Foundation shall respond promptly and truthfully to donors’ inquiries.
the Foundation be found to have used their donations in violation of the
agreement, donors are entitled to demand observance of the donation agreement or
otherwise appeal to court within borders of the People’s Republic of China to
withdraw their donation and revoke the donation agreement.
Article 39 The Foundation may sign an agreement with the beneficiaries
(individuals or a organization), defining the form and amount of the grants, as
well as how the funds are to be used.
The Foundation is entitled to monitor
the actual usage of the grants. In case any beneficiary (individual or
organization) has violated the agreement in the manner of utilizing the grants
or in other form, the Foundation is entitled to suspend the assistance and
revoke the relevant agreement.
Article 40 The Foundation shall comply with the national accountant
regulations, carry out audit according to the law, and set up in-house system of
accountant inspecting, thus ensuring the legitimacy, authenticity, accuracy and
integrity of the accountant files.
The Foundation shall be, in accordance
with law, subject to taxation and accountant monitoring by taxation and
Article 41 The Foundation employs accountant with professional qualifications
who shall not hold the post of cashier concurrently. When the accountant is
transferred or relieved from office, he/she must ensure a clear handover with
his/her successor of the whole accounts.
Article 42 The operational & accounting year of the Foundation starts
from January 1st to December 31st. The Board of Directors shall finish the
examination of the following items prior to March 31st:
1. Work report
and final accounts of revenue and expenditure of last year;
2. Work plan
and draft budget of revenue and expenditure of this year;
3. Asset book,
including a name list of the donors and related files.
Article 43 On occasion of annual inspection, shift of the term of office and
replacing of the legal representative of the Foundation, an audit shall be
Article 44 The Foundation shall undergo annual inspection by the registration
authority in conformity with the provisions of the Regulations on the
Administration of Foundation.
Article 45 Once the annual inspection by the registration authority is
concluded, the Foundation shall publish its annual report on the media
designated by the registration authority so as to receive inquiry and monitoring
from the public.
Chapter V Termination and Disposal of Remaining
Article 46 The Foundation shall be terminated under any of the following
1. The aims stipulated in this Constitution are
2. Activities for public welfare in accordance with this
Constitution can no longer be carried out;
3. The Foundation is in case
of division or merger.
Article 47 Termination of the Foundation shall be reported to the supervisory
body for approval within fifteen days after the Board of Directors decides by
voting on its termination. Application to revoke the registration shall be made
to the registration authority within fifteen days after the supervisory body
approves the termination.
Article 48 Prior to registration cancellation, the Foundation shall set up a
liquidation unit and accomplish the work of liquidation under the guidance of
the registration authority and its supervisory body.
The Foundation shall
apply registration cancellation to the registration authority within fifteen
days after the accomplishment of liquidation. During the period of liquidation,
no other activities than liquidation shall be conducted.
Article 49 Monitored by its supervisory body and the registration authority,
the remaining properties of the Foundation after its cancellation of
registration shall be used for the support of related undertakings in conformity
with the aims of the Foundation in accordance with relevant regulations of the
In case the above approach proves inapplicable, the remaining
properties shall be donated to other organizations for public welfare with
identical characters and aims, and it shall be made known to the public.
Chapter VI Amendment
Article 50 Any amendment to this Constitution shall be reported to the
supervisory body for approval within fifteen days after the Board of Directors
makes a decision thereof by voting. Once the approval is granted, the amendment
shall be reported to the registration authority for examination and
Chapter VII Supplementary Provisions
Article 51 This Constitution
was adopted by the Board of Directors on the seventh day of January, 2006.
Article 52 The right to interpret this Constitution is vested in the Board of
Directors of this Foundation.
Article 53 This Constitution becomes effective on the day when the
registration authority approves it.
Bank:Bank Of China Head Office Banking
Banker Name:China Education Development