Keyword: Laws and Regulations

New civil code focuses on the protection of the interests of the disabled

New civil code focuses on the protection of the interests of the disabled

China’s first-ever civil code has been passed by the Third Session of the 13th National People’s Congress on May 28, 2020, and will be implemented from 2021. The new Civil Code includes nearly 30 articles directly related to the protection of the rights and interests of people with disabilities. The Civil Code fully affirms the equal status of persons with disabilities as civil subjects, and contains language on the equal protection of their civil rights. Article 1041 clearly mentions the “protection of the legal rights and interests of women, minors, the elderly, and persons with disabilities.” The new code also contains provisions on the protection of the civil rights of disabled citizen, clarifying what responsibility families …read more

Report released on the supportive policies for social organizations facing Covid-19

Report released on the supportive policies for social organizations facing Covid-19

The Guangzhou Social Organization Research Institute has published a report on how the government has been helping social organizations during the pandemic. The main points are as follows: 1. Preferential financial policies a) Halving or exempting social organizations from the “three social insurances” (basic pension insurance, unemployment insurance, work injury insurance): this was done for all social organizations outside of Hubei Province between February and April 2020, while within Hubei Province social organizations are exempt until June 2020. b) Reducing the organization’s portion of the payment of the basic medical insurance for employees. c) Reducing or exempting VAT for small-scale taxpayers. Taxpayers in Hubei Province with annual VAT sales of 5 million …read more

What changes does the 2020 Government Work Report portend for the charity sector?

What changes does the 2020 Government Work Report portend for the charity sector?

The third session of the 13th National People’s Congress opened on May 22nd in the Great Hall of the People. As is customary, Premier Li Keqiang of the State Council delivered the government work report. The Charity Times (公益时报), China’s most prestigious newspaper focused on charity and philanthropy, published an article highlighting eight points from the report that deserve serious consideration by social forces and charities. The eight points are as follows: 1. The role of volunteers in epidemic prevention and control is mentioned in the report, but charitable organizations and social workers are not. This shows that social organizations and social workers need to work more actively, and increase policy advocacy to gain …read more

New regulations on pre-tax deductions for charitable donations released

New regulations on pre-tax deductions for charitable donations released

New policies on tax exemptions for charities have been announced by the Chinese authorities. The “Announcement on Pre-tax Deductions for Charitable Donations” (hereinafter referred to as the “Announcement”), jointly released by the Ministry of Finance, the State Administration of Taxation, and the Ministry of Civil Affairs, was announced on may 21. At the same time, the three regulations on pre-tax deductions for charitable donations (hereinafter referred to as the “old regulations”) issued in 2008, 2010 and 2015 were abolished. Below are the ten main points of the new regulation: 1 Eligible charitable organizations can obtain the pre-tax deduction qualifications in the year of establishment or certification; 2 The validity period of the …read more

Public Interest Litigations are Pushing Environmental Charities to Professionalise

Public Interest Litigations are Pushing Environmental Charities to Professionalise

This article by Liu Jinmei, from Beijing-based charity Friends of Nature, looks at how the opportunity to initiate public interest litigations against polluters, which has existed in China since 2015, is pushing environmental organizations to become more professional.

The first week of waste-sorting in Beijing

The first week of waste-sorting in Beijing

Beijing recently became the second Chinese city after Shanghai to enforce mandatory domestic waste-sorting. The newly revised Beijing Municipal Waste Management Regulations came into effect on May 1st. A Xinhua report from May 8th looks at some of the problems that emerged over the first week of implementation. The regulations stipulate that residential communities and villages should set up two types of collection containers for kitchen waste and other waste in public areas, and set up containers for recyclables and hazardous garbage collection. As the report notes, efforts to raise awareness on how to sort garbage have intensified, and awareness of garbage classification has greatly improved since the regulation’s implementation. However, the report …read more

Report released on domestic violence protection orders in Shanghai

Beijing Equality (为平妇女权益机构), an NGO based in Beijing dedicated to combatting gender-based violence, has just published a report on the application of domestic violence protection orders in Shanghai, on the occasion of the third anniversary of the implementation of the “Anti-Domestic Violence Law of the People’s Republic of China”. A year ago, in March 2019, the same organization released a report on protection orders nation-wide, based on the analysis of court decisions made on 560 applications for protection orders across China. The report found that the number of applications was increasing, the applicants were diverse, and applications tended to be successful. However, it was found that some judges lacked a real …read more

Shenzhen bans the consumption of cat and dog meat

Shenzhen has completely banned the sale and consumption of cat and dog meat, the first city in China to take this step. On the 25th of February, the Standing Committee of the Shenzhen People’s Congress released a draft of the “Ordinance on the Complete Ban on the Consumption of Wild Animals in the Shenzhen Special Economic Zone” to gather public feedback. After the end of the one-month period to collect feedback, the final version of the ordinance was officially passed on the 31st of March, and will come into force on the 1st of May. Many have been delighted to find that cat and dog meat are included among the kinds …read more

Four overseas NGOs register new offices in China since February

Statistics from China’s Ministry of Public Security show that the registration of new representative office for overseas NGOs in Mainland China, as mandated by China’s Overseas NGO Law, has not ceased since the breakout of the new coronavirus caused much of ordinary life to come to a halt towards the end of January. Since the beginning of February there have been four new registrations of representative offices, all of them belonging to organizations focused on trade or entrepreneurship. In February the American International Chamber of Commerce (US) registered a representative office in Shandong, the Wine Institute (US) registered in Shanghai, and the International Young Makers Alliance (Hong Kong) registered in Guangdong, and …read more

China’s Ban on Plastic Waste Imports and the Way Forward

China’s Ban on Plastic Waste Imports and the Way Forward

Anke Schrader, a senior researcher at The Conference Board in Beijing, spoke to CDB on the sidelines of the 2020 CRO Global Summit in Shanghai to share her views on how the plastic waste import ban and the new waste-sorting rules may help China achieve their industry-upgrading ambitions, and how the recycling industry is adapting to the changes since the ban.

Fraudulent fundraising in the name of COVID relief efforts reported

Fraudulent attempts at fundraising discovered.

Nine organizations propose amendment to the Wildlife Protection Law

Nine organizations, including Peking University’s Nature Conservation and Social Development Research Center, the Shanshui Nature Conservation Center, Duke Kunshan University, and the Beijing Friendship Institute of Nature and Environment of Chaoyang District, have jointly made a proposal to the Legal Work Committee of the Standing Committee of the National People’s Congress (NPC) regarding the expected amendment to China’s Wildlife Protection Law. China’s Wildlife Protection Law, originally enacted in 1989, is expected to be amended very soon, partly as a reaction to the coronavirus outbreak, which many have blamed on the trade and consumption of wild animals. A couple of days ago, the NPC passed new measures restricting the trade of wildlife …read more

Verna Lin: Pushing ESG Disclosure to Further Advance the Global Sustainability Agenda

Verna Lin: Pushing ESG Disclosure to Further Advance the Global Sustainability Agenda

Verna Lin, the Head of GRI’s Regional Hub for the Greater China Region, spoke to CDB on the sidelines of the 2020 CRO Global Summit to share her views on ESG disclosure in the region.

How China's Overseas NGO Law was Conceived

How China’s Overseas NGO Law was Conceived

The process of drawing up China’s Overseas NGO Law of 2017 was more complex than many imagine. A draft of the law was opened up to public comment, and the feedback provided by the NGO sector contributed to the final result.

Controversy over the Shuidichou fundraising platform

The crowdfunding platform Shuidichou has become embroiled in controversy once again. On November 30, the video-sharing website known as “Pear Video” (梨视频) published a seven-minute expose’ of the company’s practices. Filmed in secret, the video revealed that promoters providing offline services for Shuidichou intentionally guided the relatives of hospital patients to launch dishonest fundraising drives in order to receive a percentage of the profits. The promoters failed to check, or even concealed, the property status of the people asking for help, filled in the final target for the donations at will and neglected to ascertain the purpose of the donations. The video immediately aroused public concern, given that Shuidichou is one of China’s …read more

(CDB Forum 2019) Lu Xuan - How Overseas NGOs Can Work Legally in China

(CDB Forum 2019) Lu Xuan – How Overseas NGOs Can Work Legally in China

Lu Xuan, from the Legal Centre for NGOs, explains some important points concerning the Overseas NGO Law and the operations of overseas NGOs in China.

Report on study of left-behind children published

Editor’s Note The recent case of a left-behind girl of 11 subjected to sexual assault aroused broad attention after being reported. The case exposes the vulnerability of many left-behind children to sexual exploitation. Below is our abridged translation of an article by the Woqi Foundation (沃启基金会), introducing a report on left-behind children produced by the foundation. You can find the original article here. The report analyses their needs, sorts out and presents the status of the relevant supporting policies (and resources), and then scans the sector of local organizations, and also further analyzes and refines the intervention mode, hoping to guide a rational and effective flow of charity resources to left-behind children. The …read more

(CDB Forum 2019) Professor Jia Xijin on the Overseas NGO Law

(CDB Forum 2019) Professor Jia Xijin on the Overseas NGO Law

A translation of the talk by Professor Jia Xijin, of Tsinghua University, at CDB’s recent forum for overseas NGOs