Catalog of Fields and Projects for Foreign NGOs with Activities in China, and Directory of Professional Supervisory Units (2017)
on April 23, 2017
Welcome to The China NGO Project
on April 23, 2017
On January 1, China began enforcement of its Law on the Management of Foreign Non-Governmental Organizations’ Activities in the People’s Republic of China. Several weeks later, we initiated The China NGO Project to try to help readers better understand the effects of this law and how it is being implemented on the ground. We’ve organized The China NGO Project website to address this subject from a number of different angles. We’ve compiled relevant laws, regulations, forms, and guides (and their English translations) in the Laws & Regulations section; we’ve assembled a set of online resources and reading materials in the Resources and Links sections; we’ve collected a list of basic questions from NGO staff and then provided preliminary answers to them in our FAQ section; and we’ve begun to evaluate what we’re seeing and hearing in our Analysis section.
Can My NGO Give Money to Individuals in China?
on April 23, 2017
Based on the text of the Foreign NGO Law, it does not appear that foreign NGOs can lawfully give grants directly to individuals, such as for travel to workshops outside China, without a Chinese Partner as an intermediary. Article 22 states that individuals may not receive or spend any project funds that were not delivered through a Chinese Partner’s bank account. According to the NGOs in China Blog’s summary of guidance provided by the Ministry of Public Security at a 2016 Q&A session, individuals cannot be official Chinese Partners.
How Does the Law Apply to Non-Profit Performing Arts or Other Cultural Groups?
on April 23, 2017
According to the NGOs in China blog’s summary of guidance provided by the Ministry of Public Security at a 2016 Q&A session, “Article 21 [of the law] permits foreign NGOs to use ‘other funds legally acquired within China’ for their activities in China. This means income or revenue is allowed as long as the foreign NGO keeps its not-for-profit nature, namely, will not distribute dividends or profit to its shareholders [or] owners.”
How Many Organizations Have Carried out Temporary Activities in China?
on April 23, 2017
The Ministry of Public Security’s main NGO website lists temporary activities (in Chinese). The China NGO Project also maintains a sortable chart with English translations, including the area and dates of activity and the name of the Chinese Partner Unit.
What Needs to Be in a Foreign NGO Representative Office’s Annual Plan?
on April 23, 2017
The Ministry of Public Security has not offered clear guidance on this point. The China NGO Project hopes to learn from foreign NGOs what level of detail groups included in their successful annual plan submissions.
Can a Chinese Citizen Serve as the Main Representative of a Foreign NGO?
on April 23, 2017
According to an interview the Guangdong MPS gave to NGOCN, a Chinese national may serve as a foreign NGO’s chief representative in China. The individual’s identity card will be required as proof of identity.
What Is a Professional Supervisory Unit’s Role in Terms of Oversight and Management?
on April 23, 2017
A PSU’s precise role vis-a-vis its sponsored foreign NGO remains unclear at this stage in implementation. Many foreign NGOs report uncertainty about the nature of the relationship and have expressed a desire for greater clarity about the parameters of PSU management, but there is, as yet, no official Ministry of Public Security guidance nor enough real-world experience to determine how PSUs on the whole interact with their sponsored foreign NGOs.
What Documents Does My NGO Need To Report a Temporary Activity?
on April 23, 2017
The following documentation must be filed with the relevant Public Security office at least 15 days before a temporary activity begins (note: this time restriction is waived in cases of emergency relief services): 1. Documents and materials showing the foreign NGO’s legal establishment; 2. A written agreement between the Foreign NGO and a Chinese Partner Unit; 3. Information about the temporary activity, including the activity’s name, objectives, region, and proposed timing and duration; 4. Materials showing the project budget, funding sources, and the bank account information of the Chinese Partner Unit; 5. Approval documents obtained by the Chinese Partner Unit; 6. Other documents and materials as required by law or administrative regulations.