PRC Law on the Administration of the Domestic Activities of Foreign Non-governmental Organizations

Where a foreign school, hospital, natural science or engineering technology research institute, or academic organization carries out exchanges and cooperation with a domestic school, hospital, natural science or engineering technology research institute, or academic organization, the same shall be handled in accordance with relevant state provisions (Article 53).

Main contents: A foreign NGO wishing to conduct activities in China shall register and establish a representative office in accordance with the law. If a foreign NGO wishes to conduct temporary activities in China without registering and establishing a representative office, it shall carry out record filing in accordance with the law, failing which it may not carry out or carry out in a disguised manner activities in China or entrust or financially support, or entrust or financially support in a disguised manner, any entity or individual in China to carry out such activities (Article 9).

An NGO may not engage in or financially support for-profit activities or political activities in China, and may not illegally engage in or financially support religious activities (Article 5).

An NGO that satisfies the following conditions may apply to register and establish a representative office in China based on its scope of affairs, the region in which it will be active and the needs of such activities:

(1) it is lawfully established abroad;

(2) it can independently bear civil liability;

(3) its objectives and scope of affairs specified in its charter are conducive to the development of the public welfare undertakings; and

(4) it has been existing abroad for at least two years and it has substantively commenced activities (Article 10).

An NGO applying to register and establish a representative office shall secure the consent of the entity in charge of the affairs (Article 11).

An NGO that does not have a representative office in China but wishes to conduct temporary activities in China shall do so in cooperation with a Chinese state authority, mass organization, public institution or social organization (Article 16).

Promulgated: April 28 2016

Effective: January 1 2017

Applicability: For the purposes of this Law, the term “foreign non-governmental organization” (NGO) means a non-profit, non-governmental social organization lawfully established abroad, such as a foundation, association and think tank.

This Law applies to the conduct of activities in China by foreign NGOs (Article 2).

Where a foreign school, hospital, natural science or engineering technology research institute, or academic organization carries out exchanges and cooperation with a domestic school, hospital, natural science or engineering technology research institute, or academic organization, the same shall be handled in accordance with relevant state provisions (Article 53).

Main contents: A foreign NGO wishing to conduct activities in China shall register and establish a representative office in accordance with the law. If a foreign NGO wishes to conduct temporary activities in China without registering and establishing a representative office, it shall carry out record filing in accordance with the law, failing which it may not carry out or carry out in a disguised manner activities in China or entrust or financially support, or entrust or financially support in a disguised manner, any entity or individual in China to carry out such activities (Article 9).

An NGO may not engage in or financially support for-profit activities or political activities in China, and may not illegally engage in or financially support religious activities (Article 5).

An NGO that satisfies the following conditions may apply to register and establish a representative office in China based on its scope of affairs, the region in which it will be active and the needs of such activities:

(1) it is lawfully established abroad;

(2) it can independently bear civil liability;

(3) its objectives and scope of affairs specified in its charter are conducive to the development of the public welfare undertakings; and

(4) it has been existing abroad for at least two years and it has substantively commenced activities (Article 10).

An NGO applying to register and establish a representative office shall secure the consent of the entity in charge of the affairs (Article 11).

An NGO that does not have a representative office in China but wishes to conduct temporary activities in China shall do so in cooperation with a Chinese state authority, mass organization, public institution or social organization (Article 16).