Keyword: Laws and Regulations

New draft of China’s civil code touches upon sexual harassment, NGOs propose amendments

The draft of a new section of China’s Civil Code was recently released in order to solicit feedback from the public. The deadline for providing feedback was November 13. What is most noteworthy is that, for the first time, the draft includes the prevention of sexual harassment. The issue of sexual harassment has drawn much attention in China this year due to the spread of the #metoo movement. According to the draft, if someone molests other people against their will through their speech, actions, or by making use of a position of authority, the victim can request that the perpetrator bear civil liability according to the law. Employers also need to …read more

Q&A on the new regulations on capital appreciation for philanthropic organizations

The “Temporary Regulations on Capital Preservation for the Investment Activities of Philanthropic Organizations” was released on the 25th of October, and it will go into effect in January. The WeChat account 中国社会组织动态 (Chinese social organizations’ trends), which is managed by the Ministry of Civil Affairs’ office for the management of social organizations and provides information on related policies, posted an article with five questions and answers regarding the new policy. We have summarized them below.   What is the significance of the regulation?   Out of the three current regulations related to social organizations, only the Regulations on the Management of Foundations clearly states the concept of capital preservation, but it does not included …read more

Court finds in favour of defendants in Beijing’s first environmental public interest lawsuit

Since the amended Environmental Protection Law was enacted in China in 2015, NGOs that have been operating for more than five years have been empowered to bring environmental “public interest lawsuits” against polluting companies. Now the verdict has been delivered in the first such case in Beijing, and the results are not good for the plaintiff. The first instance verdict in the case of Friends of Nature suing the Beijing Dushi Fangyuan real estate company and the Beijing Jiuxin property management company for solid waste pollution liability disputes was announced by Beijing’s Fourth Intermediate People’s Court on October 24, 2018. The verdict acknowledged the work of “greening” and renovation that the …read more

Statistics on ONGO Registrations and Temporary Activities by September 2018

Statistics on ONGO Registrations and Temporary Activities by September 2018

The detailed statistics on overseas NGOs registering a representative office and conducting temporary activities in Mainland China, updated to the end of September 2018.

BNU Report released on the development of China’s online philanthropy

A report on China’s online philanthropy produced by the China Philanthropy Research Institute and the College of International Charity of Beijing Normal University was officially released this Tuesday in Beijing. According to the authors, the report on China’s Online Philanthropy Development in 2017 marks that China’s online philanthropy has moved into its third phase. In this phase, the innovation inherent to the internet and the kindness of philanthropy are combined to promote the development of online philanthropy. In addition to summarizing the achievements of China’s online philanthropy in 2017, the report provides seven suggestions for its future development, which are listed below.   Technical innovations, especially blockchain technology, provide the possibility to enhance the …read more

Law professors respond to the “Social Organization Regulations” draft

In the beginning of August, the Ministry of Civil Affairs published the “Regulations for the registration management of social organizations (draft to solicit feedback)” (abbreviated as the “Social Organization Regulations”). The new regulations represent the government’s attempt to combine the previous three sets of regulations, aimed respectively at social groups, foundations, and citizen-run non-enterprise units, into one comprehensive law for all social organizations. The draft aims at collecting opinions from public intellectuals and nonprofit practitioners before the law is finalized. In response Liu Peifeng, a law professor at Beijing Normal University (BNU), and Ma Jianying, an associate law professor at BNU, have written a critique to analyze the legal context …read more

The new draft on the registration of social organisations: 15 points of note

Editor’s Note This is an abridged and adapted translation of an article originally appearing in the Charity Times on the 6ht of August 2018. You can see the original here. On the evening of the 3rd August, the Ministry of Civil Affairs published the “Regulations for the registration management of social organisations (draft to solicit feedback)” (from here on referred to as the Social Organisation Regulations), with the aim of collecting feedback and comments from the nonprofit sector. The deadline for review and feedback is the 1st of September. Originally the registration of social organisations was regulated by the implementation of three major regulations, covering the three legal forms of social organisation in …read more

New regulations on charity information disclosure released

This is an abridged translation of an explanation of the new Charity Information Disclosure Method by the Ministry of Civil Affairs. You can find the original here. The Civil Affairs Department recently released the “Charities Information Disclosure Method”, creating a universal set of regulations for the information disclosure of charitable organisations. Information needs to be disclosed by charitable organisations, as a basic requirement of philanthropy is transparency and it is accountable to the society as a whole. This new method is in accordance with the Charity Law, further emphasising the duty of charitable organisations to disclose information with administrative, social, judicial and industry supervision. The Charity Law states that the Ministry …read more

Hangzhou introduces regulations to protect schoolchildren from sexual harassment

Sexual harassment incidents in schools have aroused much outrage from the Chinese public in recent years. Many parents are concerned about their children due to the lack of prevention, reporting, and investigation mechanisms for tackling sexual harassment in schools. On August 6th, the Hangzhou Education Bureau introduced the first set of regulations in the country on how schools should handle incidents of sexual harassment against schoolchildren. The set of regulations, named Suggestions on Establishing a Mechanism Against Sexually Harassing Minors On Campus, specifies the duties of individual teachers, the senior management personnel of schools, and the Education Bureau in terms of preventing, reporting, intervening and investigating sexual misconducts in schools. All …read more

UNDP and China Women’s University release gender recognition report

UNDP and China Women’s University release gender recognition report

Editor’s note This is a press release put out by UNDP regarding a report on legal gender recognition in China that it released during a press conference on August 5th. Beijing, 6 August – The United Nations Development Programme (UNDP) and China Women’s University published a report to shed light on the current laws and policies in China regulating the recognition of gender identity and inclusion of transgender people. The report is part of UNDP’s efforts to ensure lesbian, gay, bisexual, transgender and intersex (LGBTI) people have dignity, equality and inclusion in society. Entitled the “Legal Gender Recognition in China: A Legal and Policy Review”, the report considers a wide …read more

Notice for Overseas NGOs on how to apply to have the Ministry of Civil Affairs as PSU (translated)

This notice was published by China’s Ministry of Civil Affairs in June 2018. What follows is CDB’s translation. Find the original here. Notice from the Ministry of Civil Affairs regarding “The work method for the Ministry of Civil Affairs to process applications to establish professional supervisory units for overseas non-governmental organisations’ representative offices (trial)” Overseas Non-governmental (ONGOs) organisations: “The work method for the Ministry of Civil Affairs to process applications to establish professional supervisory units for overseas non-governmental organisations’ representative offices (trial)” has already passed the eighth review of the minister’s office in 2018. We hereby present it to you, please conduct your application work in accordance. Attached please find: …read more

Draft of new regulations on government procurement of services released

The Ministry of Finance publicly released the draft version of the “Government Procurement of Services Management Measures” on the 26th of June in order to gather public feedback. It is a common part of the Chinese legislative process for the government to release a draft version of a law or regulation for public consultation, so it can gather feedback from the public and interested parties. Up to now, the government policies in this field was based on a temporary version of the Measures. A report by the Charity Times summarizes the major policy changes which the draft version seems to portend, and explains what they will mean for charitable organizations. …read more

Growth in donations decreases in 2017, CASS report finds

Last week the Chinese Academy of Social Sciences (CASS) released the “Blue Book of Charity (2018): a report on the development of Chinese charity”. The report reveals that while the total volume of donations across China has continued to grow, the speed of that growth was significantly reduced between in 2017. In 2016 the total volume of donations nationally was 145.8 billion Yuan, representing a 20% growth on the previous year and the biggest annual increase in 20 years. In 2017, on the other hand, total donations were estimated at 155.8 billion Yuan, a 6.86% growth on the previous year and the smallest annual increase since 2012. According to research …read more

Aiyou Foundation receives sanction for controversial fundraising campaign

It has been announced that the Aiyou Foundation has received an administrative sanction for a controversial fundraising campaign that went viral last December. The campaign, called 同一天生日的你 (you with the same birthday), went viral on WeChat Moments on December 23, 2017. It allowed members of the public to choose a child who shared their birthday, and donate one yuan for the child. The beneficiaries of the project were 366 children from a specific impoverished county in Yunnan province. The project was very successful, raising over 2 million Yuan by the following morning, but it also attracted criticism and accusations of irregularities. Much of the criticism was focused on some very avoidable mistakes …read more

45 million Yuan marked for poverty alleviation in Sichuan

On the 6th of June, it was announced in the conference of the provincial social organisations involved in deep poverty alleviation in impoverished counties that the Sichuan civil administration has arranged funds of 45 million RMB from 2018 to 2020 for a “seed fund” specifically to be used in projects for the alleviation of deep poverty in 45 counties. This year 35 provincial social organisations with the appropriate capacities, in a “one to one or one to many” (一对一或一对多) matching scheme, will take on specific projects within areas of deep poverty, and get involved in work to alleviate poverty in said areas. According to the relevant personnel from the provincial civil …read more

New report on migrant workers' housing conditions in Shanghai urges change from policymakers

New report on migrant workers’ housing conditions in Shanghai urges change from policymakers

A recent report by Li Qi, a research fellow from the Department of Sociology at the University of Hong Kong, investigates the housing conditions of migrant workers in Shanghai. The report is of value for policymakers and NGOs working in this area who want to understand what they can do better to protect the rights of migrant workers in the future. According to the statistics, in 2017 China had 170 million migrant workers working away from their hometowns, mostly in low-wage jobs. This group are the most vulnerable of all workers in China, suffering from bad working conditions, unpaid wages and above all, unequal treatment on the policy level regarding …read more

Shanghai PSB releases video on the Overseas NGO Law

Shanghai PSB releases video on the Overseas NGO Law

Shanghai’s Public Security Bureau has just released a two-minute video explaining the Overseas NGO Law, with the aid of a cartoon. While the video doesn’t really add much to what is already known about the law, it can be taken as a sign of the local PSB’s willingness to help overseas NGOs that wish to register an office in the city. You can view the video here (it is in Chinese).  

Tong Lihua: the law on the protection of minors should be a “hard” law, not a “soft” one

The China Foundation of Culture and Art for Children and PhoenixNet Public Welfare recently hosted a forum on child protection in Beijing. The forum was attended by deputies of China’s “Two Sessions” to discuss the topic of chid protection, call for the establishment of a mechanism against sexual abuse of children, and facilitate the improvement of relevant laws and mechanisms. Tong Lihua, the director of the Beijing Teenage Legal Aid and Research Center, attended the forum and delivered a speech with suggestions on how to revise the Law on the Protection of Minors. Tong claimed that the Law should be enforced from the national strategic level through the establishment of relevant …read more