Keyword: Laws and Regulations

List of fields of activity and supervisory units for overseas NGOs updated for 2019

An updated version of the “List of Fields of Activity, Categories of Projects and Professional Supervisory Units (PSUs) for Overseas NGOs Carrying out Activities in Mainland China” has been published by China’s Ministry of Public Security. The original version was published in December 2016, and translated by CDB. The updated version for 2019 includes 8 major fields of activity, 65 sub-fields and 237 primary projects. Compared to the original version the number of sub-fields has increased by 13, while the number of primary projects has increased by 45. The new sub-fields of activity include (among others) civil aviation, natural resources and market supervision in the economics field, quality control in …read more

Ministry of Civil Affairs releases annual plan to support social organizations

China’s Ministry of Civil Affairs has released its annual policy document on government support for social organizations providing social services, entitled the “2019 Plan for Implementing the Central Financial Support for Social Organizations Participating in Social Service Projects” (2019年中央财政支持社会组织参与社会服务项目实施方案). According to the relevant announcement, published by the Ministry on the 16th of April, the main focus of the Plan will be on supporting national social organizations and particularly impactful local ones to carry out social service activities in impoverished areas, and especially in the so-called “three areas and three prefectures” (三区三州): six areas of Western China that have been designated as “deeply impoverished”, including Tibet, Tibetan areas in other provinces, …read more

Professor calls for lowering the required standards for wastewater discharges

The Standing Committee of the NPC held a conference on the implementation of Water Pollution Prevention and Control Law on the 25th of March, in which experts and specialists offered assessment and suggestions. During the conference Professor of Environmental Science and Engineering Peng Yongzhen, from the Beijing University of Technology, gave a talk from the height of his academic authority. The professor said that China has made significant progress on tackling water pollution in the past few years; however, there is still a problem with the wastewater discharge standards. Regional governments have raised unreasonable requirements in recent years for wastewater discharge in urban areas, in order to meet the water quality …read more

Open Source Hardware Association cancels summit in Shenzhen citing Overseas NGO Law

The report below was originally published by ChinaFile. See the original here.   Yesterday, the U.S.-based Open Source Hardware Association announced on its website that it had canceled plans to hold its annual summit in Shenzhen, in large part due to difficulties complying with China’s Overseas NGO Law. The non-profit organization, which has about 500 dues-paying members, had planned the summit for Shenzhen because the city has “a vibrant local community of open source hardware enthusiasts,” and because “many members of the OSHW community were also very excited for the opportunity to travel to a location that is so central to manufacturing innovation.” According to its website, OSHWA found itself unable to identify …read more

Yunnan releases implementation measures for the mandatory reporting of domestic violence

It has been reported that the government of Yunnan Province recently released the Implementation Measures for the Mandatory Reporting System of Domestic Violence. Yunnan is the first province in China to introduce specific implementation measures regarding the mandatory reporting of domestic violence. The promulgation of the “Measures” will provide a basis for the responsible departments to discover and report domestic violence and play an important role in preventing it, as well as protecting the interests of those who have no or restricted legal capacity. The “Measures” defines the main body of responsibilities for the mandatory reporting of domestic violence, so that the way in which the reporting should be carried out and …read more

Final decision taken on the “Changzhou poisonous land” environmental litigation case

The Jiangsu High People’s Court made a final decision on the “Changzhou poisonous land case” on December 27th, waiving the “sky-high” legal expenses imposed on the two NGOs by the first ruling, and ordering the three companies to publicly apologise for polluting the land. The “Changzhou poisonous land case” was brought to court in April 2016 by the Friends of Nature Environmental Institute of Chaoyang District, Beijing (known as “Friends of Nature”) and the China Biodiversity Protection and Green Development Foundation (known as the “Green Development Foundation”) against three chemical manufacturers in Changzhou, Jiangsu province, responsible for contaminating land and causing sickness among local residents. In January 2017, the intermediate …read more

Selection of 2018 national and local policy documents on charity and philanthropy

Selection of 2018 national and local policy documents on charity and philanthropy

The China Lingshan Council for the Promotion of Philanthropy recently put together two wide-ranging selections of Chinese laws, regulations and policies on charity. The first selection focuses on national laws and policies and the second selection on local ones. Below is a translation of the names of the laws, regulations and policies included. In order to see the selections with the full texts in Chinese you can scan the QR codes provided. Selection of China’s Charity Laws, Regulations and Policy Documents in 2018 (National) Table of content – Registration management: Social organization registration management regulations (draft for feedback) Notice on issues related to strengthening name management in the registration management …read more

Panel Discussion: how can International NGOs Help Chinese ones to

Panel Discussion: how can International NGOs Help Chinese ones to “Go Out”?

The transcript of a panel discussion in which five guests from important civil society organizations discuss the prospects for Chinese NGOs that want to expand their work abroad, and how international NGOs can assist them in their efforts.

Beijing's Public Security Bureau Explains the Overseas NGO Law

Beijing’s Public Security Bureau Explains the Overseas NGO Law

A translation of the talk given by an official from the NGO Management Office of Beijing’s PSB at CDB’s recent forum, including an extremely detailed rundown of the legal requirements for overseas NGOs based on the practical problems encountered over the last years.

China’s Preschool Education Law soon to be drafted

The National Department of Education announced on November 28 that the “pre-school education law” has entered the NPC’s legislative process. The Department is now drafting the document and establishing a mechanism of supervision. Lu Yugang, the secretary of the department of elementary education, said that related departments will improve supporting policies and establish long-term mechanisms to popularise pre-school education and improve its security. The implementation of the law will optimise the relevant facilities, and provide more training to administrative staff and the principals of kindergartens. Mr. Lu also said that it was important to strengthen the management of some specific problems which exist within pre-school education. The first problem mentioned …read more

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