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April 23, 2017

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

What forms does my organization need to register a representative 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, as stated in China Law Translate’s translation of the “Handbook for Foreign Non-governmental Organizations’ Registration of Representative Offices and Filing of Temporary Activities”:

  1. Application for Establishment of Foreign NGO Representative Offices (Form 1)
  2. Registration Form for Foreign NGO Representative Offices (Form 2)
  3. Registration of Chief Representatives for foreign NGO Representative Offices (Form 3)
  4. Written Authorization for registration of the establishment of foreign NGO representative office [this must be obtained from the foreign NGO’s headquarters office]
  5. Documents and Materials showing the foreign NGO’s legal establishment [requires notarization—see below]
  6. The foreign NGO’s Charter [requires notarization—see below]
  7. Proof of the foreign NGO’s continued existence outside of mainland China for two or more years, and that it is has actually carried out activities [requires notarization—see below]
  8. Proof of identity and resumé of the representative offices’ proposed Chief Representatives [requires notarization—see below];
  9. Proof or declaration that the Chief Representative has no criminal record (Form 4);
  10. Proof of domicile for the proposed representative offices;
  11. Proof of sources of capital;
  12. Documents of consent from the professional supervisory unit.

Several of these materials require specific notarization or authentication:

  • Proof of legal registration (see number 5, above)
  • The NGO’s charter (6)
  • Proof of existence and substantive activity for at least two years (7)
  • Proof of identity for the representative office’s proposed Chief Representatives (8)

For foreign NGOs currently established in Hong Kong, these materials should be notarized by a notary public recognized in mainland China.

For foreign NGOs currently established in Macau, these materials should be notarized by a notary public recognized by mainland China OR by a notary public recognized by the Notary Department of the Government for the Macau Special Administrative Region.

For foreign NGOs currently established in Taiwan, these materials should be notarized by a local notary. Proof of identity for Taiwan residents will be verified through the submission of “The Mainland Travel Permit for Taiwan Residents.”

For foreign NGOs currently established in all other countries, these materials should be notarized by a notary public of that country or, as allowed by local laws, a relevant government entity; authenticated by the “relevant authorities” in that country; and then authenticated by a Chinese embassy or consulate in that country.

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