China adopts new law to regulate overseas NGOs
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E-mail Xinhua, April 28, 2016
Eased restrictions over previous readings
Compared with previous drafts, a number of restrictions were eased in the adopted law.
Although all NGOs founded outside the Chinese mainland are subject to the new law, exchanges and cooperation between Chinese and overseas colleges, hospitals and science and engineering research institutes will follow existing regulations.
The law also removed a provision in the original draft that limited offices on the Chinese mainland to one, and removed the five year operational limit on representative offices.
The restrictions on staff and volunteers were removed but tougher rules have been imposed on finances including the source of funding, expenses and revenue. Financial reports will be audited and published.
The draft required a permit if an overseas NGO wanted to temporarily operate on the mainland. In the adopted law this has been changed to a compulsory report with the regulator 15 days before the program begins.However, their Chinese partners must obtain approval.
The law also does not completely forbid recruitment on the mainland.
Since representative offices of overseas NGOs are not considered legal entities, it will be against the law to recruit members, unless approved by the State Council, Guo said.
"Some Chinese scientists and researchers have joined international academic societies and the country is encouraging more to do so," he said.
Proper supervision
Overseas NGOs will be supervised by police and other central and provincial government departments related to the specialty of the NGOs' programs.
The law allows the police to interview chief representatives and senior executives if they are suspected of breaking the law.
Police can also ask Chinese partners to terminate a cooperation program if it is considered to undermine state security.
NGOs will have their registration certificates withdrawn if they are found stealing state secrets, spreading rumors, sponsoring political activities or any other activity that harms state security and interests. Staff directly responsible for the offences may face police detention or criminal prosecution.
NGOs that engage in illegal activities, including anything that subverts the state or splits the nation, will be banned from operating on the mainland.
"Police will only exercise the power if the law is broken. They will also face punishment if found to be abusing their power," Guo said.
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