China adopts new law to regulate overseas NGOs
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E-mail Xinhua, April 28, 2016
Overseas NGOs must secure approval from Chinese authorities before they can operate on the Chinese mainland, according to a new law adopted by China's top legislature Thursday.
This applies whether they are planning to open permanent offices or operate temporarily, according to the law, which was adopted at the bi-monthly session of the National People's Congress (NPC) Standing Committee.
The Ministry of Public Security (MPS) and provincial police departments will be responsible for registration and regulation. Overseas NGOs operating on the mainland without approval will be punished.
Guo Linmao, an official with the Commission for Legislative Affairs of the NPC Standing Committee, told a press conference Wednesday afternoon that the law will not confine the activities of overseas NGOs.
There are other countries that entrust the police to supervise overseas NGOs, Guo said, adding that the police have more resources and experience of handling affairs related to foreigners, thus, will be able to provide the best service in this regard.
"We welcome overseas NGOs and our door is wide open. There is no reason to worry about this law nor the involvement of the police," he said.
Overseas NGOs will have to register with the police to set up representative offices on the mainland, according to the law, which will take effect on Jan. 1, 2017.
Those who do not have offices on the mainland but want to temporarily operate here will have to work with their Chinese partners to file their programs with the MPS or provincial police departments.
NGOs must meet several criteria to set up offices on the mainland. For instance, they must have been legally founded outside the Chinese mainland, be able to bear civil liability independently and operate for at least two years.
Foundations and social service organizations operated by overseas NGOs, which have already registered with the civil affairs department, will be able to continue operating until the law takes effect, said Hao Yunhong, an MPS official, at the same press conference.
The police will help them with registration once they have the documents required by the new law, he said.
Under protection of law
The law stressed that the legal operation of overseas NGOs on the mainland will be protected. NGOs shall not undermine the country's unity, security or ethnic solidarity nor harm the interests of the state, public or the legal rights of citizens and other groups.
They will be banned from engaging in or sponsoring commercial and political activities or engaging in or sponsoring religious activities.
Governments at all levels will be obligated to accommodate the legal operation of overseas NGOs, providing necessary assistance and services. NGOs will enjoy preferential tax policies.
The top legislature accepted opinions from many different sides, including overseas NGOs that had programs in China, as the law went through its three readings, which began in December 2014, said Zhang Yong, deputy head of the Commission for Legislative Affairs of the NPC Standing Committee.
"There is around eight months before the law takes effect. We hope it will be long enough for NGOs to become familiar with the law and for the government to prepare and train staff," Zhang said.
Hao promised that the ministry will work out detailed protocols as soon as possible and publish manuals on its website to facilitate the registration.
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