The present article is devoted to China's first Law on the Management Of Foreign Non-Governmental Organizations' Activities within Mainland China which will enter into force on 1 January 2017. The reform plans of the Chinese government have caused a great echo abroad, since the new law will have a significant impact on the activities of foreign NGOs in mainland China. In future, they will have to choose between two forms of activities, either to establish a representative office or to carry out temporary activities. However, both cases require a registration process with the authorities of Public Security as part of the new comprehensive monitoring and controlling system.
At first, the article illuminates the historical and political background of foreign NGOs and their activities in China. Then, a brief overview of the current legal framework, under which foreign NGOs in China are entitled to act, is given. The focus lies on the analysis of the new legislation, in particular, the registration procedure for both forms of activities, followed by a closer view on special provisions to be observed after a successful registration, and a discussion of the regulatory powers in case of a violation of the legal provisions.
Table of Contents
1. Backgrounds of the NGOL
2. Current legal framework for NGOs
3. Structure and content of the NGOL
3.1. Structure of the NGOL
3.2. Definition und activity fields of foreign NGOs
3.3. Activity forms of foreign NGOs
3.3.1. Jurisdiction of the regulatory authorities
3.3.2. Registration and establishment of representative offices in China
3.3.2.1. Requirements and procedure
3.3.3. Expected consequences of the required registration for practice
3.3.4. Temporary activities of foreign NGOs
3.4. Special provisions
3.4.1. Reporting
3.4.2. Funding
3.4.3. Recruitment of staff
3.4.4. Membership in foreign NGOs
3.5. Powers of authorities for infringements
Research Objectives and Focus Areas
The article aims to analyze China's first Law on the Management of Foreign Non-Governmental Organizations' Activities (NGOL), evaluating its impact on foreign NGOs operating within mainland China, focusing specifically on the new registration requirements, operational constraints, and the resulting regulatory powers granted to public security authorities.
- The historical and political context of foreign NGO activities in China.
- The legal framework for registration and establishment of representative offices.
- Procedures and requirements for conducting temporary activities.
- Special compliance obligations regarding reporting, funding, and staffing.
- The scope of authority and discretionary powers of Chinese regulatory bodies.
Excerpt from the Book
3.3.3. Expected consequences of the required registration for practice
The required approval of the Professional Supervisory Unit is expected to represent a significant hurdle for foreign NGOs in establishing representative offices, since its issuance is within the competent authority’s discretion and a foreign NGO lacks a legal claim to obtain the approval by the Professional Supervisory Unit. Furthermore, the collaboration with the Professional Supervisory Unit is not exhausted in granting the consent. The relationship between a foreign NGO and the competent Professional Supervisory Unit is rather intended to be permanent, as the competence catalog in Art. 40 NGOL shows. In particular, the proposed guidance and supervision of the different foreign NGOs as well as the set up of the opinion on the annual report by the Professional Supervisory Unit will mean a considerable effort. It is therefore doubtful whether a Professional Supervisory Unit generally has the necessary capacity to cope with this extra effort, at least during the initial phase of the new law.
Another problem lies in the lack of legal protection against a delayed or rejected registration. Despite the statutory 60-day time frame, the new law lacks the foreign NGO’s right of a judicial or administrative review of the decision. Since the administrative decision does not even have to be justified, the applicant is also not clear how he could help his application to succeed. The lack of effective legal safeguards is a major weakness of the new law, since it could open the floodgates for an arbitrary treatment of applicants.
Summary of Chapters
1. Backgrounds of the NGOL: Discusses the origins and political motivation behind the legislation, framing foreign NGOs within the context of China's national security concerns.
2. Current legal framework for NGOs: Provides an overview of the existing organizational structures for NGOs in China before the implementation of the new law.
3. Structure and content of the NGOL: Analyzes the composition of the law, its definitions, and the specific operational requirements placed upon foreign organizations.
3.1. Structure of the NGOL: Outlines the seven chapters of the legislation and their general legislative intent.
3.2. Definition und activity fields of foreign NGOs: Examines the legal definitions of foreign NGOs and the scope of permissible activities under the new law.
3.3. Activity forms of foreign NGOs: Differentiates between establishing representative offices and conducting temporary projects.
3.3.1. Jurisdiction of the regulatory authorities: Details the transition of oversight responsibilities to Public Security organs and the role of Professional Supervisory Units.
3.3.2. Registration and establishment of representative offices in China: Explains the mandatory registration process and the documents required for legal compliance.
3.3.2.1. Requirements and procedure: Lists the specific criteria that foreign NGOs must meet to obtain a registration certificate.
3.3.3. Expected consequences of the required registration for practice: Evaluates the practical challenges and the lack of legal recourse for denied applications.
3.3.4. Temporary activities of foreign NGOs: Describes the alternative filing process for NGOs that do not establish a permanent representative office.
3.4. Special provisions: Addresses the operational duties including reporting and financial management.
3.4.1. Reporting: Explains the requirements for filing annual activity reports and plans.
3.4.2. Funding: Outlines the restrictions on financial sources and the requirement for recorded bank accounts.
3.4.3. Recruitment of staff: Reviews the regulations concerning hiring employees and local service providers.
3.4.4. Membership in foreign NGOs: Addresses the general prohibition on foreign NGOs developing memberships within China.
3.5. Powers of authorities for infringements: Summarizes the extensive enforcement and investigative powers granted to authorities in the event of violations.
Keywords
China, NGOL, Foreign NGOs, Public Security, Representative Office, Registration, Legislation, Compliance, Civil Society, Regulatory Framework, Professional Supervisory Unit, Temporary Activities, Legal Reform, Administrative Law, Monitoring
Frequently Asked Questions
What is the primary subject of this article?
The article focuses on the implementation and legal implications of China's Law on the Management of Foreign Non-Governmental Organizations' Activities (NGOL) for foreign organizations.
What are the central themes covered in the text?
The central themes include the shift in regulatory oversight to public security, the new registration requirements, financial and operational restrictions, and the broad enforcement powers held by Chinese authorities.
What is the primary goal of the research?
The goal is to provide a comprehensive analysis of the legal burdens and operational changes that foreign NGOs face under the NGOL and to assess the impact of this law on their ability to operate in China.
Which scientific methodology is utilized?
The article employs a legal and political analysis, evaluating the text of the NGOL in the context of recent Chinese social policy and comparing it with previous regulations.
What topics are explored in the main body?
The main body examines the structure of the law, the classification of NGO activities (permanent offices vs. temporary projects), registration protocols, compliance requirements (reporting, funding, staffing), and the scope of state investigative powers.
Which keywords characterize this work?
Key terms include China, NGOL, Foreign NGOs, Public Security, Registration, Regulatory Framework, Compliance, and Administrative Law.
What is the role of the "Professional Supervisory Unit" in this law?
These units act as a second layer of control alongside public security authorities, responsible for advising, monitoring, and providing mandatory consent for NGO operations.
Why does the author argue that the new law lacks sufficient legal safeguards?
The author points to the absence of a judicial or administrative review process, meaning organizations have no formal way to challenge arbitrary decisions or denials of registration.
How does the law treat NGOs that are only temporarily active in China?
These organizations must follow a filing procedure involving a "Chinese Partner Unit" that carries out the filing on behalf of the foreign entity.
- Quote paper
- Markus Fisch (Author), 2017, The Regulation of Foreign Non-Governmental Organizations in China, Munich, GRIN Verlag, https://www.grin.com/document/358066
