Law of the People's Republic of China on the Administration of Domestic Activities of Overseas Non-governmental Organizations (Amended in 2017)
Law of the People's Republic of China on the Administration of Domestic Activities of Overseas Non-governmental Organizations (Amended in 2017)
Law of the People's Republic of China on the Administration of Domestic Activities of Overseas Non-governmental Organizations (Amended in 2017)
Order of the President of the People's Republic of China No.81
November 4, 2017
(Adopted at the 20th Session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 28, 2016; and amended according to the Decision of the Standing Committee of the National People's Congress on Amending Eleven Laws Including the Accounting Law of the People's Republic of China at the 30th Session of the Standing Committee of the 12th National People's Congress on November 4, 2017)
Contents
Chapter I General Provisions
Chapter II Registration and Record-filing
Chapter III Activities Standards
Chapter IV Facilitation Measures
Chapter V Supervision and Administration
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law of the People's Republic of China on the Administration of Domestic Activities of Overseas Non-governmental Organizations (hereinafter referred to as this "Law") is formulated in order to regulate and guide the activities of overseas NGOs (hereinafter referred to as "NGOs") within the territory of China, protect their legitimate rights and interests, and promote exchanges and cooperation.
Article 2 This Law shall apply to the activities of overseas NGOs within the territory of China.
For the purposes of this Law, overseas NGOs refer to foundations, social organizations, think tanks, and other non-profit and non-governmental social organizations legally established overseas.
Article 3 Overseas NGOs may conduct activities conducive to the public welfare undertakings in such fields as economy, education, science and technology, culture, health, sports, environmental protection and in such aspects as poverty alleviation and disaster relief in accordance with this Law.
Article 4 Overseas NGOs are protected by law when they conduct activities within the territory of China in accordance with the law.
Article 5 When conducting activities within the territory of China, overseas NGOs shall abide by Chinese laws and may neither harm China's national unity, national security and national solidarity, nor damage China's national interests, social public interests and the legitimate rights and interests of citizens, legal persons and other organizations.
Overseas NGOs may not engage in or finance profit-making activities or political activities, or illegally engage in or finance religious activities, within the territory of China.
Article 6 The public security department under the State Council and public security organs of the people's governments at the provincial level are administrative authorities for registration of overseas NGOs carrying out activities within the territory of China.
The related departments and entities under the State Council and the related departments and entities of the people's governments at the provincial level are the competent business authorities in charge of the activities carried out by overseas NGOs within the territory of China.
Article 7 Public security organs and the related departments of the people's governments above the county level shall supervise and administer and provide services for the activities carried out by overseas NGOs within the territory of China in accordance with the law and within their respective scope of duties.
The State shall establish a coordination mechanism for the supervision and administration of overseas NGOs, and be responsible for the research, coordination and settlement of major issues in the supervision and administration of and the service facilitation for activities conducted by overseas NGOs within the territory of China.
Article 8 The State shall commend overseas NGOs that have made outstanding contributions to the development of China's public welfare undertakings.
Chapter II Registration and Record-filing
Article 9 To conduct activities within the territory of China, overseas NGOs are required to register and establish their representative offices in accordance with the law; and those failing to do so but needing to carry out temporary activities within the territory of China shall make a record-filing in accordance with the law.
Overseas NGOs that fail to register and establish representative offices or that carry out temporary activities without record-filing are not allowed to carry out or carry out in disguised form activities within the territory of China, or entrust or fund or entrust or fund in disguised form any domestic entities or individuals to do so.
Article 10 Overseas NGOs may apply for registering and establishing their representative offices within the territory of China according to their business scope, activity region and needs for activities if they meet the following conditions:
1. They are legally established overseas;
2. They are able to independently assume civil liability;
3. Their purposes and business scope set forth in their articles of association are conducive to the development of public welfare undertakings;
4. They have existed for more than two years overseas and substantively conduct activities; and
5. Other conditions as prescribed by laws and administrative regulations.
Article 11 Overseas NGOs that apply for registering and establishing representative offices shall obtain the consent of the competent business authorities.
The directory of the competent business authorities shall be promulgated by the public security department under the State Council and the public security organs of the people's governments at the provincial level, in concert with the related departments.
Article 12 Overseas NGOs shall, within 30 days from the dates when the competent business authorities grant their consents, apply to the administrative authorities for registration for their establishment of representative offices.
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Order of the President of the People's Republic of China No.81
November 4, 2017
(Adopted at the 20th Session of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 28, 2016; and amended according to the Decision of the Standing Committee of the National People's Congress on Amending Eleven Laws Including the Accounting Law of the People's Republic of China at the 30th Session of the Standing Committee of the 12th National People's Congress on November 4, 2017)
Contents
Chapter I General Provisions
Chapter II Registration and Record-filing
Chapter III Activities Standards
Chapter IV Facilitation Measures
Chapter V Supervision and Administration
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law of the People's Republic of China on the Administration of Domestic Activities of Overseas Non-governmental Organizations (hereinafter referred to as this "Law") is formulated in order to regulate and guide the activities of overseas NGOs (hereinafter referred to as "NGOs") within the territory of China, protect their legitimate rights and interests, and promote exchanges and cooperation.
Article 2 This Law shall apply to the activities of overseas NGOs within the territory of China.
For the purposes of this Law, overseas NGOs refer to foundations, social organizations, think tanks, and other non-profit and non-governmental social organizations legally established overseas.
Article 3 Overseas NGOs may conduct activities conducive to the public welfare undertakings in such fields as economy, education, science and technology, culture, health, sports, environmental protection and in such aspects as poverty alleviation and disaster relief in accordance with this Law.
Article 4 Overseas NGOs are protected by law when they conduct activities within the territory of China in accordance with the law.
Article 5 When conducting activities within the territory of China, overseas NGOs shall abide by Chinese laws and may neither harm China's national unity, national security and national solidarity, nor damage China's national interests, social public interests and the legitimate rights and interests of citizens, legal persons and other organizations.
Overseas NGOs may not engage in or finance profit-making activities or political activities, or illegally engage in or finance religious activities, within the territory of China.
Article 6 The public security department under the State Council and public security organs of the people's governments at the provincial level are administrative authorities for registration of overseas NGOs carrying out activities within the territory of China.
The related departments and entities under the State Council and the related departments and entities of the people's governments at the provincial level are the competent business authorities in charge of the activities carried out by overseas NGOs within the territory of China.
Article 7 Public security organs and the related departments of the people's governments above the county level shall supervise and administer and provide services for the activities carried out by overseas NGOs within the territory of China in accordance with the law and within their respective scope of duties.
The State shall establish a coordination mechanism for the supervision and administration of overseas NGOs, and be responsible for the research, coordination and settlement of major issues in the supervision and administration of and the service facilitation for activities conducted by overseas NGOs within the territory of China.
Article 8 The State shall commend overseas NGOs that have made outstanding contributions to the development of China's public welfare undertakings.
Chapter II Registration and Record-filing
Article 9 To conduct activities within the territory of China, overseas NGOs are required to register and establish their representative offices in accordance with the law; and those failing to do so but needing to carry out temporary activities within the territory of China shall make a record-filing in accordance with the law.
Overseas NGOs that fail to register and establish representative offices or that carry out temporary activities without record-filing are not allowed to carry out or carry out in disguised form activities within the territory of China, or entrust or fund or entrust or fund in disguised form any domestic entities or individuals to do so.
Article 10 Overseas NGOs may apply for registering and establishing their representative offices within the territory of China according to their business scope, activity region and needs for activities if they meet the following conditions:
1. They are legally established overseas;
2. They are able to independently assume civil liability;
3. Their purposes and business scope set forth in their articles of association are conducive to the development of public welfare undertakings;
4. They have existed for more than two years overseas and substantively conduct activities; and
5. Other conditions as prescribed by laws and administrative regulations.
Article 11 Overseas NGOs that apply for registering and establishing representative offices shall obtain the consent of the competent business authorities.
The directory of the competent business authorities shall be promulgated by the public security department under the State Council and the public security organs of the people's governments at the provincial level, in concert with the related departments.
Article 12 Overseas NGOs shall, within 30 days from the dates when the competent business authorities grant their consents, apply to the administrative authorities for registration for their establishment of representative offices.
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