FAQ
We regularly update this list of questions with information drawn from Chinese law, official statements, and our interviews about NGOs’ on-the-ground experiences
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 unity, security, or ethnic unity; and must not harm China’s national interests, societal public interest and the lawful rights and interests of citizens, legal persons and other organizations.” (A legal person generally refers to a “non-human entity that is...Read more
The Ministry of Public Security (MPS) is approving new Professional Supervisory Units (PSUs) to sponsor foreign NGOs, in addition to those that were originally included on the 2017 list of eligible PSUs. As of May 1, at least 11 unlisted PSUs have sponsored foreign NGOs. As the MPS has previously stated, foreign NGOs may request that the MPS or local public security bureau add a new PSU to the list. If new PSUs are willing...Read more
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 have a permanent presence in the mainland. However, Articles 3 and 5 of the Foreign NGO Law still apply to temporary activities.Read more
Articles 5 and 45 of the Foreign NGO Law suggest that foreign NGOs may not engage in “for-profit activities.” However, 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...Read more
Though the Foreign NGO Law forbids foreign NGOs from partnering with for-profit organizations for activities, may foreign NGOs contract with for-profit entities for certain services?The Ministry of Public Security has not issued official written guidance on this point. According to officials with specific knowledge of the law’s implementation, foreign NGOs may purchase “reasonable” services from for-profit Chinese entities. This might include, for example, hiring a company to help make arrangements for an upcoming meeting. However,...Read more