Order of thePresident of the People’s Republic of China
No. 44
TheLawof the People’s Republic of China on the Administration of Activities ofOverseas Nongovernmental Organizations in the Mainland of China, adopted at the20th Meeting of the 12th Standing Committee of the National People’s Congresson April 28, 2016, is hereby promulgated and shall come into force on January1, 2017.
Xi Jinping
President of the People’s Republic of China
April 28, 2016
Law of thePeople’s Republic of China on Administration
of Activities ofOverseas Nongovernmental Organizations
in the Mainland ofChina
Adopted at the20th Meeting of the 12th Standing Committee of the National People’s Congresson April 28, 2016, promulgated by Order No. 44 of the President ofthe People’s Republic of China, and effective on January 1, 2017
Chapter I General Provisions
Chapter II Registration and Submitting Documents forthe Record
Chapter III Activity Specifications
Chapter IV Facilitation Measures
Chapter V Oversightand Supervision
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I
General Provisions
Article 1This Lawhas been formulatedfor the purposes of regulating and guiding the activities in the mainland ofChina of nongovernmental organizations from outside China’s mainland(hereinafter referred to as “overseas NGOs”), as well as protecting theirlegitimate rights and interests and facilitating communication and cooperation.
Article 2This Law shall apply to the activities inthe mainland of China of all overseas NGOs.
“Overseas NGOs,”as referred to in this Law, shall mean foundations, social groups, think tanksand other non-profit, nongovernmental social organizations legally establishedoverseas.
Article 3Overseas NGOs may, in accordance with theprovisions of this Law, engage in undertakings of benefit to the public in theareas of the economy, education, science, culture, health, sports andenvironmental protection, as well as in the areas of poverty and disasterrelief.
Article 4Overseas NGOs that carry out activities inthe mainland of China in accordance with the law shall be protected by the law.
Article 5Activities of overseas NGOs in the mainlandof China shall abide by Chinese laws and shall not threaten China’s nationalreunification and security or ethnic unity, nor harm China’s national andsocial interests or the legitimate rights and interests of citizens, legalpersons and other organizations.
Overseas NGOsshall not engage in or finance profit-making or political activities in themainland of China, and they shall not illegally engage in or finance religiousactivities.
Article 6The Ministry of Public Security under theState Council and public security organs of provincial-level people’sgovernments shall be the registration authorities for activities of overseasNGOs in the mainland of China.
Relevantdepartments and offices of the State Council and of provincial-level people’sgovernments shall be in charge of corresponding activities of overseas NGOs inChina’s mainland.
Article 7Public security organs and relevantdepartments of people’s governments at and above the county level shall, inaccordance with the law and within the scope of their respective duties,oversee and supervise, and provide services to assist, the activities ofoverseas NGOs in the mainland of China.
The State shallestablish a coordination mechanism to oversee and supervise overseas NGOs andbe responsible for researching, coordinating and solving major problems in thecourse of overseeing and supervising, as well as providing services to assist,the activities of overseas NGOs in the mainland of China.
Article 8The State shall reward overseas NGOs thatmake outstanding contributions to the development of public welfare in China.
Chapter II
Registration andSubmitting Documents for the Record
Article 9An overseas NGO engaging in activities inthe mainland of China shall, in accordance with the law, register anestablished representative office. Where an overseas NGO has not registered anestablished representative office but needs to carry out temporary activitiesin the mainland of China, it shall submit documents for the record to thiseffect in accordance with the law.
Where an overseasNGO has not registered an established representative office, nor submitteddocuments for the record stating that it intends to carry out temporaryactivities, it shall not carry out or covertly engage in any activities, norshall it entrust or finance, or covertly entrust or finance, any organizationor individual to carry out activities in the mainland of China on itsbehalf.
Article 10Overseas NGOs that meet the followingconditions may, depending on the scope of their operations, areas of activitiesand the need to carry out activities, apply to register and establishrepresentative offices in the mainland of China:
(1) Legallyestablished overseas;
(2) Able toindependently bear civil liability;
(3) Purposes andbusiness scopes specified in the articles of association that benefit publicwelfare;
(4) Existed andengaged in substantive activities overseas for more than two years;
(5) Otherconditions stipulated by laws and administrative regulations.
Article 11Overseas NGOs that apply to register andestablish representative offices in the mainland of China shall seek theapproval of organizations in charge of their operations.
Directories oforganizations in charge of operations shall be made public by the Ministry ofPublic Security under the State Council and public security organs ofprovincial-level people’s governments together with relevant departments.
Article 12Overseas NGOs shall, within 30 (thirty) daysof receiving permission from an organization in charge of operations, apply tothe registration authority to register a representative office. When applyingto register a representative office, overseas NGOs shall provide theregistration authority with the following documentation and information:
(1) A completedapplication form;
(2) Documents tosupport information specified in Article 10 of this Law;
(3) ID and thecurriculum vitae of the person in charge of the proposed representative officeas well as evidence or a statement proving he or she has no criminal record;
(4) Proof ofpremises of the proposed representative office;
(5) Evidence ofthe source of supporting funds;
(6) Letter ofapproval from the organization in charge of operations;
(7) Otherdocumentation and information stipulated in laws and administrativeregulations.
The registrationauthority shall review applications of overseas NGOs to establishrepresentative offices and may arrange expert assessments where necessary.
The registrationauthority shall decide whether to grant or refuse the registration requestwithin 60 (sixty) days of receiving an application.
Article 13Where the application to establish arepresentative office of an overseas NGO is accepted, the registrationauthority shall issue a registration certificate and publicly announce theacceptance. Registration items shall include the following:
(1) Name;
(2) Address;
(3) Scope ofoperations;
(4) Area ofactivities;
(5) Chiefrepresentative;
(6) Organizationin charge of operations.
Overseas NGOsshall, in accordance with the law, use the certificate of registration toregister for tax, obtain an engraved seal and open a bank account in themainland of China, and they shall submit a copy of their tax registrationcertificate, a sample of their seal and their bank account details to theregistration authority for their records.
Article 14Whererepresentative officesof overseas NGOs need to alter registration details, they shall apply to do sowith their registration authority within 30 (thirty) days of receiving theapproval of the organization in charge of operations.
Article 15Where any of the following circumstances occur,registration authorities shall cancel the registration of representativeoffices of overseas NGOs and publically announce the cancellation:
(1) The overseasNGO withdraws the representative office;
(2) The overseasNGO ceases operations;
(3) Registrationof the overseas NGO’s representative office is revoked or its registrationcertificate is suspended;
(4) Therepresentative office ceases operations for other reasons.
After theregistration of a representative office of an overseas NGO is cancelled, theoverseas NGO that established the representative office shall properly dealwith the aftermath. Representative offices of overseas NGOs do not have legalperson status, and overseas NGOs bear any related legal liability.
Article 16Overseas NGOs that have not establishedrepresentative offices but need to conduct temporary activities in the mainlandof China shall do so in cooperation with State organs, people’s organizations,public institutions and social organizations (hereinafter referred to as “Chinesepartners”).
Article 17Chinese partners of overseas NGOs conductingtemporary activities shall handle examination and approval procedures inaccordance with State regulations and submit to local registration authoritiesthe following documentation and information for their records 15 (fifteen) daysbefore temporary activities commence:
(1) Documentaryand material evidence of the legal establishment of the overseas NGO;
(2) A writtenagreement between the overseas NGO and its Chinese partner;
(3) Relevantinformation including the name, purpose, location and duration of temporaryactivities;
(4) Evidence ofcosts and funding sources as well as the bank account details of the Chinesepartner;
(5) Approvaldocuments obtained by the Chinese partner;
(6) Otherdocumentation and information specified by laws and administrative regulations.
In emergencysituations, such as disaster relief and rescue operations, where an overseasNGO needs to carry out temporary activities in the mainland of China, thetimeframe for filing records mentioned in the preceding article shall notapply; however, the duration of temporary activities shall not exceed 1 (one)year. Where there is a need to extend this deadline, documentation andinformation shall be re-submitted for the record.
Where registrationauthorities believe that the temporary activities on record do not conform tothe provisions of Article 5 of this Law, they shall immediately notify theChinese partner to cease temporary activities.
Chapter III
Activity Specifications
Article 18Representative offices of overseas NGOs shalloperate under their registered names when carrying out activities within theiroperational scope and area.
Overseas NGOsshall not establish branch organizations, unless otherwise specified by theState Council.
Article 19Each year before December 31, representativeoffices of overseas NGOs shall submit to organizations in charge of theiroperations a plan for their activities in the following year, includingprojects and use of funds, and shall submit the same to registrationauthorities within 10 (ten) days following approval by organizations in chargeof operations. Where it is necessary to alter an activity plan under specialcircumstances, this shall be told to the registration authority immediately forthe record.
Article 20Overseas NGOs carrying out activities in themainland of China shall not impose on Chinese partners and beneficiariesconditions that violate Chinese laws and regulations.
Article 21Funding for activities of overseas NGOs inthe mainland of China include the following:
(1) Legal sourcesof funds overseas;
(2) Interest onbank deposits in the mainland of China;
(3) Other fundslegally acquired in the mainland of China.
Operations ofoverseas NGOs in the mainland of China shall not involve the acquisition or useof funds other than those stipulated in this article.
Overseas NGOs andtheir representative offices shall not solicit donations in the mainland ofChina.
Article 22Overseas NGOs that have representative officesshall manage the funds for use in the mainland of China through therepresentative offices’ bank accounts put on the records of registrationauthorities.
Overseas NGOscarrying out temporary activities in the mainland of China shall manage thefunds for use in the mainland of China through their Chinese partners’ bankaccounts, implement separate accounting and earmark funds for specificpurposes.
Overseas NGOs,Chinese partners and individuals shall not use any means except the banksaccounts specified in the preceding two paragraphs to receive or make paymentsof funds for their activities in the mainland of China.
Article 23Overseas NGOs shall use funds in accordancewith their operational scopes and areas as registered by representative officesor in accordance with their agreements with Chinese partners.
Article 24Representative offices of overseas NGOs shalladopt the Chinese unified accounting system and employ accounting personnelwith Chinese accounting qualifications to carry out accounting in accordancewith the law. Financial accounting reports shall be audited by an accountingfirm in the mainland of China.
Article 25Overseas NGOs carrying out activities in themainland of China shall process foreign exchange revenues and expenditures inaccordance with relevant Chinese foreign exchange controls.
Article 26Representative offices of overseas NGOs shallhandle tax registration, declaration and payment procedures in accordance withthe law.
Article 27Representative offices of overseas NGOs thatemploy staff in the mainland of China shall abide by laws and administrativeregulations and report workers’ information to organizations in charge ofoperations and registration authorities for their records.
Article 28Representative offices of overseas NGOs andoverseas NGOs that are carrying out temporary activities in the mainland ofChina shall not recruit members in the mainland of China, unless otherwisespecified by the State Council.
Article 29Representative offices of overseas NGOs shallappoint a chief representative and between one and three other representativesbased on their operational requirements.
A person who meetsany of the following criteria may not serve as a chief representative orrepresentative:
(1) Lacks legalcapacity or has limited legal capacity;
(2) Has a criminalrecord;
(3) Has been chiefrepresentative or representative of a representative office that has had itsregistration revoked or its registration certificate suspended in accordancewith the law for not more than five years;
(4) Othercircumstances stipulated by laws and administrative regulations.
Article 30An overseas NGO carrying out temporaryactivities in the mainland of China shall engage in activities under the nameit filed on record.
Overseas NGOs andChinese partners shall report in writing to registration authorities within 30(thirty) days of the conclusion of their activities detailing their activitiesand use of funds.
Article 31Representative offices of overseas NGOsshall, before January 31 each year, submit a report to the organization incharge of their operations detailing their previous year’s work and, havingreceived their comments, and report the same to registration authorities beforeMarch 31 for an annual inspection.
Annual work reportsshould include an audited financial report, details of activities and personnelor organizational changes.
Representativeoffices of overseas NGOs shall make annual work reports available to the publicon the centralized website of registration authorities.
Article 32No organization or individual in themainland of China shall be entrusted or financed by an unregisteredrepresentative office of an overseas NGO or an overseas NGO that has notsubmitted the necessary documents for the record to carry out temporaryactivities in the mainland of China, nor shall they agree to act in thecapacity of an agent or agent in any other form of the aforementioned for sucha purpose.
Chapter IV
FacilitationMeasures
Article 33The State shall safeguard and supportoverseas NGOs in carrying out activities in accordance with the law in themainland of China. Relevant departments of people’s governments at all levelsshall provide the necessary assistance and services for overseas NGOs to carryout activities in accordance with the law in the mainland of China.
Article 34The Ministry of Public Security under theState Council and public security organs of provincial-level people’sgovernments shall, together with relevant departments, compile lists of theareas and projects of overseas NGOs, publish lists of organizations in chargeof their operations and provide guidance to overseas NGOs in carrying out theiractivities.
Article 35Relevant departments of people’s governmentsat or above the county level shall provide policy advice and guidance andservices for the activities of overseas NGOs in accordance with the law.
Registrationauthorities shall, via a centralized website, make public the procedures foroverseas NGOs to apply to establish representative offices and submit thenecessary documents for the record to carry out temporary activities.
Article 36Representative offices of overseas NGOsmay benefit from tax incentives and other preferential policies in accordancewith the law.
Article 37No charge shall be levied for the annualinspections of representative offices of overseas NGOs.
Article 38Chief representatives and the overseasrepresentatives of representative offices of overseas NGOs who hold foreignnationality may use their registration certificates and documentary evidence oftheir positions to handle employment and other work formalities in accordancewith the law.
Chapter V
Oversight andSupervision
Article 39Overseas NGOs carrying out activities in themainland of China shall accept the oversight and supervision of public securityorgans, relevant departments and organizations in charge of operations.
Article 40Organizationsin charge ofoperations shall be responsible for issuing comments to overseas NGOs onestablishing representative offices, changing registered details and compilingannual work reports, for guiding and overseeing overseas NGOs and theirrepresentative offices in carrying out activities, and for assisting publicsecurity organs and other departments in investigations of illegal behavior byoverseas NGOs and their representative offices.
Article 41Public security organs shall be responsiblefor the registration and annual inspections of representative offices ofoverseas NGOs, ensuring the submission of necessary documents for the record byoverseas NGOs wishing to carry out temporary activities in the mainland ofChina, and investigating and punishing illegal behavior by overseas NGOs andtheir representative offices.
Where publicsecurity organs discover behavior they suspect violates the provisions of thisLaw in the course of performing oversight and supervision, they may adopt thefollowing measures in accordance with the law:
(1) Interview thechief representative and other representatives of the representative office ofan overseas NGO;
(2) Enter thepremises or site of the activities of the overseas NGO in the mainland of Chinato carry out an inspection;
(3) Questionorganizations and individuals related to the incident being investigated andrequire them to clarify matters related to the incident being investigated;
(4) Consult andcopy documents and materials relevant to the incident being investigated andseal up for safekeeping documents or materials that could otherwise be moved,destroyed, concealed or altered;
(5) Shut downpremises and facilities, or seize property, suspected of involvement in illegalactivities.
Article 42Public security organs may access the bankaccounts of organizations and individuals related to the incident beinginvestigated, and financial institutions and financial regulatory bodies shallsubmit to such requests. Where a bank account is suspected of involvement inillegal activities, having obtained the approval of the person in charge of thepublic security organ of the people’s government at or above the level of acity divided into districts, a request may be made to a people’s court tofreeze the account in accordance with the law. The bank account suspected ofcriminal involvement shall be frozen in accordance with provisions of theCriminal Procedure Law of the People’s Republic of China.
Article 43Departments in charge of national security,foreign affairs, finance, financial regulation, customs, taxation and foreignexperts shall oversee and supervise overseas NGOs and their representativeoffices according to their respective duties and in accordance with the law.
Article 44The administrative department of the StateCouncil in charge of anti-money laundering shall carry out oversight andsupervision of compliance with provisions of anti-money laundering andanti-terrorism financing laws by representative offices of overseas NGOs,Chinese partners, and organizations and individuals in the mainland of Chinawho accept funding from overseas NGOs, in the course of opening and operatingbank accounts, in accordance with the law.
Chapter VI
Legal Liability
Article 45Where representative offices of overseasNGOs, overseas NGOs carrying out temporary activities in the mainland of Chinaor their Chinese partners are guilty of one of the following, the local publicsecurity organ of a people’s government at or above the level of a city dividedinto districts, shall issue a warning or order them to cease their activitieswithin a certain deadline, confiscate illegal gains and stolen property, andwhere circumstances are serious, have the registration authority suspend theirregistration certificate and prohibit temporary activities:
(1) Failing toupdate relevant details on their registration documents or documents on recordin accordance with provisions;
(2) Failing tocarry out activities under the name or within the operational scope or area ofactivities stated on the registration documents or documents on record;
(3) Engaging in orfunding profit-making activities, fundraising or recruiting members inviolation of provisions;
(4) Obtaining orusing funds in violation of provisions, or failing to open or use a bankaccount or carry out accounting in accordance with provisions;
(5) Failing tosubmit an annual activity plan and to submit or make public an annual workreport in accordance with provisions;
(6) Refusing toaccept an inspection, or not accepting one in accordance with provisions.
Any representativeoffices of overseas NGOs and overseas NGOs carrying out temporary activities inthe mainland of China, or their Chinese partners, that use illegal means, suchas providing false information, to obtain a representative office registrationcertificate or when submitting documents for the record, or that forge, alter,sell, rent or lend a registration certificate or seal, shall be punished inaccordance with the provisions of the preceding paragraph.
Article 46Where overseas NGOs or their representativeoffices are guilty of any of the following, the local public security organ ofa people’s government at or above the level of a city divided into districtsshall issue a ban or order them to cease their illegal behavior, confiscatetheir illegal gains and property, issue a warning to those directlyresponsible, and where circumstances are serious, detain them for up to 10(ten) days:
(1) Carrying outactivities in the name of the representative office of an overseas NGO or anoverseas NGO without registering or submitting the necessary documents for therecord;
(2) Carrying out activitiesin the name of the representative office of an overseas NGO after theirregistration has been revoked, their registration certificates are suspended ortheir registration is cancelled;
(3) Carrying outactivities in the mainland of China after the deadline for temporary activitiesof an overseas NGO has expired or the temporary activities have been banned;
(4) Entrusting orfinancing organizations or individuals in the mainland of China in carrying outactivities in the mainland of China when an overseas NGO has not registered arepresentative office or has not submitted the necessary documents for therecord to carry out temporary activities.
Organizations andindividuals in the mainland of China who knowingly cooperate with anunregistered representative office of an overseas NGO or an overseas NGO thathas not submitted the necessary documents for the record to carry out temporaryactivities, who are willfully entrusted or financed by them, or who act in thecapacity of an agent or agent in any other form to carry out activities orreceive or make payments of project funds shall be punished in accordance withthe provisions of the preceding paragraph.
Article 47Wherean overseas NGO orrepresentative office of an overseas NGO is guilty of any of the following, theregistration authority shall suspend its registration certificate or prohibittemporary activities; if no crime is committed, the public security organ ofthe local people’s government at or above the level of a city divided into districtsmay detain those directly responsible for up to 15 (fifteen) days:
(1) Incitingresistance to laws and regulations;
(2) Illegallyobtaining State secrets;
(3) Spreadingrumors, slandering, or publishing or disseminating other harmful informationthat endangers national security or harms national interests;
(4) Engaging in orfunding political activities, or illegally engaging in or funding religiousactivities;
(5) Engaging inother acts that endanger national security or harm national or public interests.
Where an overseasNGO or the representative office of an overseas NGO engages in criminal acts,such as those aimed at dividing the country, undermining national reunificationor subverting State power, the registration authority shall punish them inaccordance with the provisions of the preceding paragraph and investigatecriminal liability against those directly responsible.
Article 48Where an overseas NGO or the representativeoffice of an overseas NGO violates the provisions of this Law and has itsregistration revoked, its registration certificate suspended or its temporaryactivities prohibited, it shall not establish a representative office or carryout temporary activities in the mainland of China again for a period of 5(five) years from the date on which its registration is revoked or suspended orits activities prohibited.
An unregisteredrepresentative office of an overseas NGO or an overseas NGO that has notsubmitted the necessary documents for the record to carry out temporary activitiesshall not establish a representative office or carry out temporary activitiesin the mainland of China again for a period of 5 (five) years from the date onwhich its activities are prohibited.
Where an overseasNGO is guilty of one of the acts listed in Article 47 of this Law, the Ministryof Public Security under the State Council may include it on an unwelcome list,and it shall not establish a representative office or carry out temporaryactivities in the mainland of China again.
Article 49Where the representative office of anoverseas NGO is ordered to cease its activities within a specific deadline, theregistration authority shall seal up its registration certificate, seal andfinancial documents for safekeeping. Where its registration is revoked or itsregistration certificate is suspended, the registration authority shallconfiscate and nullify its registration certificate and seal.
Article 50Where overseas nationals violate theprovisions of this Law, relevant authorities may order them to leave thecountry within a certain deadline or decide to expel or deport them.
Article 51Where, in the course of their oversight andsupervision work with overseas NGOs, public security organs, relevantdepartments and organizations in charge of operations, as well as theirpersonnel, fail to perform their duties or abuse their authority, neglect theirduties, or commit irregularities for private gains, criminal liability shall beinvestigated in accordance with the law.
Article 52Where the provisions of this Law are violatedin an act that constitutes a violation of public security, public securityorgans shall administer a punishment in respect to management of publicsecurity. Where they are violated in an act that constitutes a crime, theorganization or individual responsible shall be investigated for criminalliability in accordance with the law.
Chapter VII
SupplementaryProvisions
Article 53Overseas schools, hospitals, naturalsciences and engineering technology research institutes, or academic organizationswishing to engage in exchanges and cooperation with schools, hospitals, naturalscience and engineering technology research institutes, or academicorganizations in the mainland of China shall do so in accordance with relevantregulations of the State.
Where theactivities in the mainland of China of schools, hospitals, institutes andorganizations specified in the preceding paragraph violate the provisions ofArticle 5 of this Law, they shall be investigated for criminal liability inaccordance with the law.
Article 54This Law shall come into force on January1, 2017.
