Rethinking the Human Rights Business Model

Edwin Rekosh
Center for Strategic and International Studies

A Statistical Analysis of the Implementation of the ONGO Law

The Beijing Normal University China Philanthropy Research Institute

Why Foreign NGOs Are Struggling with New Chinese Law

Nectar Gan
South China Morning Post

Viewpoint

06.05.17

China Has a New Domestic Violence Law. So Why Are Victims Still Often Unsafe?

Su Lin Han
In rural Hunan province, about two hours from the city of Changsha, a young woman named Zhang Meili married a violent man. According to local police, Zhang had trouble coping with her husband’s strong sexual appetite and he became jealous and...
05.02.17

German Political Foundations May Be Able to Register as NGOs in China

According to German media reports, China’s Ministry of Public Security has determined that five of Germany’s political foundations—Konrad Adenauer Stiftung, Friedrich-Ebert-Stiftung, Heinrich Böll Foundation, Hanns Seidel Foundation, and Rosa...
04.25.17

Are Activities Carried out by Wholly Foreign-Owned Enterprises Subject to the Foreign NGO Law?

According to guidance given during a Q&A session in 2016, the Ministry of Public Security (MPS) Foreign NGO Management Bureau will allow WFOEs to donate money for public interest or charitable purposes in China as long as they carry out...
04.24.17

Approved Foreign NGO Representative Offices: A Comparison with Previous Registrations

Jessica Batke
One of the mandates of the newly-enacted Law on the Management of Foreign Non-Governmental Organizations’ Activities in the People’s Republic of China is that all Foreign NGOs with a permanent footprint in China must register with the Ministry of...
04.24.17

How to File for a Temporary Activity

In recounting its experiences with the new filing process, the first NGO to successfully register for and carry out a temporary activity stressed that a willingness to educate Chinese partner units was key. Given how new the law is and how uncertain...
04.24.17

Registered Foreign NGO Representative Offices

This interactive map shows the approximate location of foreign NGOs’ representative offices in China. Click on a foreign NGO name in the sidebar to zoom in to that location on the map and display a pop-up containing the NGO’s Chinese name, country/...
04.23.17

Where Can My Organization Find All the Official Forms?

The following includes links to the official forms (in Chinese), as listed on the Ministry of Public Security website, which are necessary for compliance with both the representative office registration and temporary activity parts of China’s...
04.23.17

How Can My NGO Find an Official Sponsor in a Given Province?

Some provincial Public Security Bureaus have posted lists of Professional Supervisory Units (PSUs). The following are links to all the provincial-level PSU lists (in Chinese) that The China NGO Project was able to find online. All lists are in...
04.23.17

Government Forms Foreign NGO Coordination Groups at National, Provincial Levels

Jessica Batke
The Chinese government has established “coordination groups” at the national and provincial levels specifically to manage Foreign NGOs in the context of the newly-enacted Law on the Management of Foreign Non-Governmental Organizations’ Activities in...
04.23.17

What If My NGO’s Application Is Rejected?

Can my organization appeal if public security officials reject our request to establish a representative office or prohibit our temporary activity?According to one source, the Ministry of Public Security (MPS) has stated on multiple occasions that...
04.23.17

Are Foreign NGO Donations to Domestic Chinese Organizations Subject to the Foreign NGO Law?

According to one source, the Ministry of Public Security (MPS) has said that funds donated from a foreign NGO to a Chinese organization for a specific use are subject to the “temporary activity” reporting requirement of the Foreign NGO Law. If,...
04.23.17

What Is Considered “Fundraising”?

The Ministry of Public Security has not offered clear guidance on this point. Notably, an earlier draft of the Foreign NGO Law forbade “accept[ing] donations from within Mainland China.” The final version of the Law says only that foreign NGOs and...
04.23.17

How Many Organizations Have Carried out Temporary Activities in China?

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...
04.23.17

What Needs to Be in a Foreign NGO Representative Office’s Annual Plan?

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.
04.23.17

How Many Foreign NGOs Have Registered Offices in China and Where Are They?

A list of successfully registered NGOs is available here (in Chinese) on the Ministry of Public Security’s main NGO website. The China NGO Project also maintains a map with information about approved NGOs, including their location of registration,...
04.23.17

Can a Chinese Citizen Serve as the Main Representative of a Foreign NGO?

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.
04.23.17

I Work for a Foreign NGO Registering a Representative Office in China, What Type of Visa Should I Get?

According to one source, a Ministry of Public Security (MPS) representative said that foreign staff of foreign NGOs seeking to register a representative office may enter China on tourist or short-term business visas. Once the representative office...
04.23.17

What Is a Professional Supervisory Unit’s Role in Terms of Oversight and Management?

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...
04.23.17

Our Group Works in Multiple Areas, How Do We Find an Official Sponsor?

Per information provided at a meeting between Ministry of Public Security (MPS) representatives and foreign diplomats in 2016, a foreign NGO that works in multiple sectors (for example, environment and education) should identify the “main” sector of...
04.23.17

Can My NGO Carry Out Projects in More Than One Province or Location?

Per information provided at a meeting between Ministry of Public Security representatives and foreign diplomats in 2016, a foreign NGO may have activities in multiple locations as long as the geographic scope of its work is consistent with the...
04.23.17

What Documents Does My NGO Need To Report a Temporary Activity?

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...
04.23.17

What Is the Difference between Registering a Representative Office and Filing for Temporary Activities?

A representative office allows for the establishment of a full-time presence in mainland China. For organizations that do not require such a constant in-country presence, filing to hold a “temporary activity” is an alternative way to carry out...
04.23.17

Do Meetings or Short Trips Count as “Temporary Activities”?

There is no formal written Ministry of Public Security (MPS) definition of a temporary activity. This category appears largely to be a mechanism by which the MPS can remain apprised of foreign NGO activity in China, even if a Foreign NGO does not...
04.23.17

What Forms Does My NGO Need to Register an Office in China?

After gaining approval from a Professional Supervisory Unit (whose application materials and process vary from unit to unit), a foreign NGO must submit the following materials to the appropriate public security office.
04.23.17

What Is the Difference Between a Professional Supervisory Unit and a Chinese Partner Unit?

Unlike Professional Supervisory Unites (PSUs), which are paired with foreign NGO representative offices in China and which must be selected from a list provided by the Ministry of Public Security (MPS), Chinese Partner Units (CPUs) are organizations...
04.23.17

How Does My Organization Find a Professional Supervisory Unit?

The Ministry of Public Security (MPS) has released a list of approved Professional Supervisory Units (PSUs), arranged by field of specialization (see below). In addition, most provincial-level MPS foreign NGO offices have posted more specific PSU...
04.23.17

Are NGOs in Taiwan, Hong Kong, and Macau Subject to This Law?

Yes. The term 境外 (jing wai) used in the law, which we translate as “foreign,” is frequently translated as “overseas,” but its literal translation is “outside the borders.” For legal and regulatory purposes, jing wai includes Taiwan, Hong Kong, and...
04.23.17

What Does China Consider to Be a “Foreign NGO”?

Article 2 of the Foreign NGO Law, as translated by China Law Translate, defines Foreign NGOs as any “not-for-profit, non-governmental social organizations lawfully established outside mainland China, such as foundations, social groups, and think...
04.23.17

What Is the Scope of Work Permitted under the Foreign NGO Law?

Foreign NGOs may conduct work in “fields such as economics, education, science, culture, health, sports, and environmental protection, and for areas such as poverty relief and disaster relief.” Foreign NGOs’ work “must not endanger China’s national...
04.23.17

How Can My Organization Operate under the New Foreign NGO Law?

All organizations seeking to register as a foreign NGO in China must meet certain requirements to be considered legitimate foreign NGOs by the Chinese government. These include being legally established outside mainland China and having been active...

Books

04.21.17

A New Deal for China’s Workers?

Cynthia Estlund
China’s labor landscape is changing, and it is transforming the global economy in ways that we cannot afford to ignore. Once-silent workers have found their voice, organizing momentous protests, such as the 2010 Honda strikes, and demanding a better deal. China’s leaders have responded not only with repression but with reforms. Are China’s workers on the verge of a breakthrough in industrial relations and labor law reminiscent of the American New Deal?In A New Deal for China’s Workers? Cynthia Estlund views this changing landscape through the comparative lens of America’s twentieth-century experience with industrial unrest. China’s leaders hope to replicate the widely shared prosperity, political legitimacy, and stability that flowed from America’s New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that were central to bringing it about. Estlund argues that the specter of an independent labor movement, seen as an existential threat to China’s one-party regime, is both driving and constraining every facet of its response to restless workers.China’s leaders draw on an increasingly sophisticated toolkit in their effort to contain worker activism. The result is a surprising mix of repression and concession, confrontation and cooptation, flaws and functionality, rigidity and pragmatism. If China’s laborers achieve a New Deal, it will be a New Deal with Chinese characteristics, very unlike what workers in the West achieved in the last century. Estlund’s sharp observations and crisp comparative analysis make China’s labor unrest and reform legible to Western readers. —Harvard University Press{chop}

Viewpoint

04.20.17

A Taiwanese Man’s Detention in Guangdong Threatens a Key Pillar of Cross-Straits Relations

Jerome A. Cohen & Yu-Jie Chen
Update: On March 26, China’s Taiwan Affairs Office announced that Taiwanese human rights activist Lee Ming-che had been formally arrested on charges of “subverting state power.” Jerome Cohen has added a new comment to this essay. To skip to that...

China Law Translate (Chinese)

A website that houses the original Chinese text of laws and regulations and crowd-sources unofficial English translations.

Foreign NGO Management Law Legal Services Lawyers’ Group (境外NGO管理法法律服务律师团)

Contact information (in Chinese) for the Foreign NGO Management Law Legal Services Lawyers’ Group, which provides legal consultation and proxy services to foreign NGOs and individuals.

ChinaSource

A resource and support organization for and about the Christian community in China that offers consulting services related to the Foreign NGO Law.

The FNGO Registration Support Program

Contact information for the Foreign NGO Registration Support Program, run by the the Center for Charity Law under the Beijing Normal University China Philanthropy Research Institute (CPRI).

Anthony Spires’ Blog

A blog run by Anthony Spires, Ph.D., that includes the results of survey work done by foreign NGOs in China. Spires is Associate Professor in the Sociology Department at The Chinese University of Hong Kong and a research fellow with the School of...

China Law Translate

A website that houses the original Chinese text of laws and regulations and crowd-sources unofficial English translations.

Council on Foundations

A detailed outline of the laws and regulations pertaining to social organizations in China, produced by a non-profit leadership association of grantmaking foundations and corporations.

NGOs in China blog

A blog about developments in the nongovernmental, non-profit, and charitable sector in China. Run by Shawn Shieh, Ph.D., Deputy Director of the China Labor Bulletin, founder and former Director of English-language operations for China Development...

International Center for Not-for-Profit Law

A comprehensive discussion of the Foreign NGO Law, including related laws and international comparisons, maintained by a U.S.-based non-profit that monitors global legal developments affecting civil society, philanthropy, and public participation.

China Development Brief

A website that provides news and translations related to non-profit work in China, including the Foreign NGO Law.

Managing NGOs in China

Yongshun Cai
China Policy Institute Blog

The Overseas NGO Law and Its Effects on Chinese NGOs’ Contribution to Global Development

Jennifer Y.J. Hsu and Reza Hasmath
China Policy Institute Blog

Building NGO Capacity and Autonomy in China

Shui-Yan Tang
China Policy Institute Blog

Viewpoint

01.31.17

The Origins of China’s New Law on Foreign NGOs

Shawn Shieh
For many years, the vast majority of foreign NGOs operated quietly in China in a legal grey area. Many are unregistered and work in China through local partners, while others are registered as commercial enterprises. That all changed with the...

Uncertainty Over New Chinese Law Rattles Foreign Nonprofits

Chris Buckley
New York Times
A new law in China is raising concern among thousands of nongovernmental organizations about their ability to continue their work in the new year

U.S. Charges Three Chinese Traders With Hacking Law Firms

Sara Randazzo and Dave Michaels
Wall Street Journal
Indictment says the traders bought shares of at least five publicly traded companies before announcements that the firms would be acquired

Chinese Prosecutors Charge Thousands of School Bullies

Mimi Lau
South China Morning Post
Nationwide crackdown includes three-year jail sentence for 15-year-old who robbed his classmates