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August 15, 2017

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 foreign NGOs have the right to appeal MPS regulatory decisions rejecting NGOs’ requests to establish a representative office or carry out a temporary activity. Appeals should be made according to domestic legal processes to challenge administrative decisions by regulators, as described in the Administrative Reconsideration Law and the Administrative Litigation Law.

The same source told The China NGO Project that decisions made by Professional Supervisory Units (PSUs) are not subject to appeal.

The China NGO Project is unaware of any representative office applications or temporary activity filings being officially rejected. Instead, applications and filings are more likely to be hung up in the process of finding a willing and able Professional Supervisory Unit (PSU) or Chinese Partner Unit. For example, if an NGO is unable to find a Chinese Partner Unit (or the Partner’s government supervisory unit will not sign off on the activity), its temporary activity filings may stall out before they ever reach the MPS. Similarly, foreign NGOs that are unable to secure the sponsorship of a PSU will not be able to submit an application to be rejected.

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