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中华人民共和国境外非政府组织境内活动管理法(English edition)

发布日期:2017-04-25 00:00 责任编辑: 资料来源: 打印    收藏

Order of thePresident of the Peoples Republic of China

No. 44

TheLaw of the People’sRepublic of China on the Administration of Activities of OverseasNongovernmental Organizations in the Mainland of China, adopted at the 20thMeeting of the 12th Standing Committee of the National People’s Congress onApril 28, 2016, is hereby promulgated and shall come into force on January 1,2017.

Xi Jinping

President of the People’s Republic of China

April 28, 2016

Law of the People’sRepublic of China on Administration

of Activities ofOverseas Nongovernmental Organizations

in the Mainland ofChina

Adopted at the 20thMeeting of the 12th Standing Committee of the National Peoples Congress on April 28, 2016,promulgated byOrder No. 44of the Presidentof the Peoples Republic of China, and effective onJanuary 1, 2017

Chapter IGeneral Provisions

Chapter IIRegistration andSubmitting Documents for the Record

Chapter IIIActivity Specifications

Chapter IVFacilitation Measures

Chapter VOversight andSupervision

Chapter VILegal Liability

Chapter VIISupplementaryProvisions

Chapter I

General Provisions

Article 1This Lawhas beenformulated for the purposes of regulating and guiding the activities in themainland of China of nongovernmental organizations from outside China’smainland (hereinafter referred to as “overseas NGOs”), as well as protectingtheir legitimate rights and interests and facilitating communication andcooperation.

Article 2This Law shall apply to the activities in the mainland ofChina of all overseas NGOs.

“Overseas NGOs,”as referred to inthis Law, shall mean foundations, social groups, think tanks and othernon-profit, nongovernmental social organizations legally established overseas.

Article 3Overseas NGOs may, in accordance with the provisions of thisLaw, engage in undertakings of benefit to the public in the areas of theeconomy, education, science, culture, health, sports and environmentalprotection, as well as in the areas of poverty and disaster relief.

Article 4Overseas NGOs thatcarry out activities in the mainland of China in accordance with the law shallbe protected by the law.

Article 5Activities ofoverseas NGOs in the mainland of China shall abide by Chinese laws and shallnot threaten China’s national reunification and security or ethnic unity, norharm China’s national and social interests or the legitimate rights andinterests of citizens, legal persons and other organizations.

Overseas NGOs shall not engage in or finance profit-making or politicalactivities in the mainland of China, and they shall not illegally engage in orfinance religious activities.

Article 6The Ministry of Public Security under the State Council andpublic security organs of provincial-level people’s governments shall be theregistration authorities for activities of overseas NGOs in the mainland ofChina.

Relevant departments and offices of the State Council and ofprovincial-level people’s governments shallbe in charge of corresponding activities of overseas NGOs in China’s mainland.

Article 7Public securityorgans and relevant departments of people’s governments at and above the countylevel shall, in accordance with the law and within the scope of theirrespective duties, oversee and supervise, and provide services to assist, theactivities of overseas NGOs in the mainland of China.

The State shall establish a coordination mechanism to oversee andsupervise overseas NGOs and be responsible for researching, coordinating andsolving major problems in the course of overseeing and supervising, as well asproviding services to assist, the activities of overseas NGOs in the mainlandof China.

Article 8The State shallreward overseas NGOs that make outstanding contributions to the development ofpublic welfare in China.

Chapter II

Registration andSubmitting Documents for the Record

Article 9An overseas NGO engaging in activities in the mainland ofChina shall, in accordance with the law, register an established representativeoffice. Where an overseas NGO has not registered an established representativeoffice but needs to carry out temporary activities in the mainland of China, itshall submit documents for the record to this effect in accordance with thelaw.

Where an overseas NGO has not registered an established representativeoffice, nor submitted documents for the record stating that it intends to carryout temporary activities, it shall not carry out or covertly engage in anyactivities, nor shall it entrust or finance, or covertly entrust or finance,any organization or individual to carry out activities in the mainland of Chinaon its behalf.

Article 10Overseas NGOs that meet the following conditions may, depending on thescope of their operations, areas of activities and the need to carry outactivities, apply to register and establish representative offices in themainland of China:

(1) Legally established overseas;

(2) Able to independently bear civil liability;

(3) Purposes and business scopes specified in the articles ofassociation that benefit public welfare;

(4) Existed and engaged in substantive activities overseas for more thantwo years;

(5) Other conditions stipulated by laws and administrative regulations.

Article 11Overseas NGOs that apply to register and establishrepresentative offices in the mainland of China shall seek the approval oforganizations in charge of their operations.

Directories of organizations in charge of operations shall be madepublic by the Ministry of Public Security under the State Council and publicsecurity organs of provincial-level people’s governments together with relevant departments.

Article 12Overseas NGOs shall, within 30 (thirty) days of receiving permissionfrom an organization in charge of operations, apply to the registrationauthority to register a representative office. When applying to register arepresentative office, overseas NGOs shall provide the registration authoritywith the following documentation and information:

(1) A completed application form;

(2) Documents to support information specified in Article 10 of thisLaw;

(3) ID and the curriculum vitae of the person in charge of the proposedrepresentative office as well as evidence or a statement proving he or she hasno criminal record;

(4) Proof of premises of the proposed representative office;

(5) Evidence of the source of supporting funds;

(6) Letter of approval from the organization in charge of operations;

(7) Other documentation and information stipulated in laws andadministrative regulations.

The registration authority shall review applications of overseas NGOs toestablish representative offices and may arrange expert assessments wherenecessary.

The registration authority shall decide whether to grant or refuse theregistration request within 60 (sixty) days of receiving an application.

Article 13Where the application to establish a representative office ofan overseas NGO is accepted, the registration authority shall issue aregistration certificate and publicly announce the acceptance. Registrationitems shall include the following:

(1) Name;

(2) Address;

(3) Scope of operations;

(4) Area of activities;

(5) Chief representative;

(6) Organization in charge of operations.

Overseas NGOs shall, in accordance with the law, use the certificate ofregistration to register for tax, obtain an engraved seal and open a bankaccount in the mainland of China, and they shall submit a copy of their taxregistration certificate, a sample of their seal and their bank account detailsto the registration authority for their records.

Article 14Whererepresentativeoffices of overseas NGOs need to alter registration details, they shall applyto do so with their registration authority within 30 (thirty) days of receivingthe approval of the organization in charge of operations.

Article 15Where any of the following circumstances occur, registration authoritiesshall cancel the registration of representative offices of overseas NGOs andpublically announce the cancellation:

(1) The overseas NGO withdraws the representative office;

(2) The overseas NGO ceases operations;

(3) Registration of the overseas NGO’s representative office is revoked or its registration certificate issuspended;

(4) The representative office ceases operations for other reasons.

After the registration of a representative office of an overseas NGO iscancelled, the overseas NGO that established the representative office shallproperly deal with the aftermath. Representative offices of overseas NGOs donot have legal person status, and overseas NGOs bear any related legalliability.

Article 16Overseas NGOs that have not established representative offices but needto conduct temporary activities in the mainland of China shall do so incooperation with State organs, people’s organizations, public institutions andsocial organizations (hereinafter referred to as “Chinese partners”).

Article 17Chinese partners of overseas NGOs conducting temporary activities shallhandle examination and approval procedures in accordance with State regulationsand submit to local registration authorities the following documentation andinformation for their records 15 (fifteen) days before temporary activitiescommence:

(1) Documentary and material evidence of the legal establishment of theoverseas NGO;

(2) A written agreement between the overseas NGO and its Chinesepartner;

(3) Relevant information including the name, purpose, location andduration of temporary activities;

(4) Evidence of costs and funding sources as well as the bank accountdetails of the Chinese partner;

(5) Approval documents obtained by the Chinese partner;

(6) Other documentation and information specified by laws andadministrative regulations.

In emergency situations, such as disaster relief and rescue operations,where an overseas NGO needs to carry out temporary activities in the mainlandof China, the timeframe for filing records mentioned in the preceding articleshall not apply; however, the duration of temporary activities shall not exceed1 (one) year. Where there is a need to extend this deadline, documentation andinformation shall be re-submitted for the record.

Where registration authorities believe that the temporary activities onrecord do not conform to the provisions of Article 5 of this Law, they shallimmediately notify the Chinese partner to cease temporary activities.

Chapter III

ActivitySpecifications

Article 18Representative offices of overseas NGOs shall operate under theirregistered names when carrying out activities within their operational scopeand area.

Overseas NGOs shall not establish branch organizations, unless otherwisespecified by the State Council.

Article 19Each year before December 31, representative offices of overseas NGOsshall submit to organizations in charge of their operations a plan for theiractivities in the following year, including projects and use of funds, andshall submit the same to registration authorities within 10 (ten) daysfollowing approval by organizations in charge of operations. Where it isnecessary to alter an activity plan under special circumstances, this shall betold to the registration authority immediately for the record.

Article 20Overseas NGOs carrying out activities in the mainland of China shall notimpose on Chinese partners and beneficiaries conditions that violate Chineselaws and regulations.

Article 21Funding for activities of overseas NGOs in the mainland ofChina include the following:

(1) Legal sources of funds overseas;

(2) Interest on bank deposits in the mainland of China;

(3) Other funds legally acquired in the mainland of China.

Operations of overseas NGOs in the mainland of China shall not involvethe acquisition or use of funds other than those stipulated in this article.

Overseas NGOs and their representative offices shall not solicitdonations in the mainland of China.

Article 22Overseas NGOs that have representative offices shall manage the fundsfor use in the mainland of China through the representative offices’ bankaccounts put on the records of registration authorities.

Overseas NGOs carrying out temporary activities in the mainland of Chinashall manage the funds for use in the mainland of China through their Chinesepartners’bank accounts, implement separate accounting and earmarkfunds for specific purposes.

Overseas NGOs, Chinese partners and individuals shall not use any meansexcept the banks accounts specified in the preceding two paragraphs to receiveor make payments of funds for their activities in the mainland of China.

Article 23Overseas NGOs shall use funds in accordance with their operationalscopes and areas as registered by representative offices or in accordance withtheir agreements with Chinese partners.

Article 24Representative offices of overseas NGOs shall adopt the Chinese unifiedaccounting system and employ accounting personnel with Chinese accountingqualifications to carry out accounting in accordance with the law. Financialaccounting reports shall be audited by an accounting firm in the mainland ofChina.

Article 25Overseas NGOs carrying out activities in the mainland of China shallprocess foreign exchange revenues and expenditures in accordance with relevantChinese foreign exchange controls.

Article 26Representative offices of overseas NGOs shall handle tax registration,declaration and payment procedures in accordance with the law.

Article 27Representative offices of overseas NGOs that employ staff in themainland of China shall abide by laws and administrative regulations and reportworkers’ information to organizations in charge of operations and registrationauthorities for their records.

Article 28Representative offices of overseas NGOs and overseas NGOs that arecarrying out temporary activities in the mainland of China shall not recruitmembers in the mainland of China, unless otherwise specified by the StateCouncil.

Article 29Representative offices of overseas NGOs shall appoint a chiefrepresentative and between one and three other representatives based on theiroperational requirements.

A person who meets any of the following criteria may not serve as achief representative or representative:

(1) Lacks legal capacity or has limited legal capacity;

(2) Has a criminal record;

(3) Has been chief representative or representative of a representativeoffice that has had its registration revoked or its registration certificatesuspended in accordance with the law for not more than five years;

(4) Other circumstances stipulated by laws and administrativeregulations.

Article 30An overseas NGO carrying out temporary activities in the mainland ofChina shall engage in activities under the name it filed on record.

Overseas NGOs and Chinese partners shall report in writing toregistration authorities within 30 (thirty) days of the conclusion of theiractivities detailing their activities and use of funds.

Article 31Representative offices of overseas NGOs shall, before January 31 eachyear, submit a report to the organization in charge of their operationsdetailing their previous year’s work and, having received their comments, andreport the same to registration authorities before March 31 for an annualinspection.

Annual work reports should include an audited financial report, detailsof activities and personnel or organizational changes.

Representative offices of overseas NGOs shall make annual work reportsavailable to the public on the centralized website of registration authorities.

Article 32No organization or individual in the mainland of China shallbe entrusted or financed by an unregistered representative office of an overseasNGO or an overseas NGO that has not submitted the necessary documents for therecord to carry out temporary activities in the mainland of China, nor shallthey agree to act in the capacity of an agent or agent in any other form of theaforementioned for such a purpose.

Chapter IV

FacilitationMeasures

Article 33The State shall safeguard and support overseas NGOs in carrying outactivities in accordance with the law in the mainland of China. Relevantdepartments of people’s governments at all levels shall provide the necessaryassistance and services for overseas NGOs to carry out activities in accordancewith the law in the mainland of China.

Article 34The Ministry of Public Security under the State Council and publicsecurity organs of provincial-level people’s governments shall, together withrelevant departments, compile lists of the areas and projects of overseas NGOs,publish lists of organizations in charge of their operations and provideguidance to overseas NGOs in carrying out their activities.

Article 35Relevant departments of people’s governments at or above the countylevel shall provide policy advice and guidance and services for the activitiesof overseas NGOs in accordance with the law.

Registration authorities shall, via a centralized website, make publicthe procedures for overseas NGOs to apply to establish representative officesand submit the necessary documents for the record to carry out temporaryactivities.

Article 36Representative offices of overseas NGOs may benefit from taxincentives and other preferential policies in accordance with the law.

Article 37No charge shall be levied for the annual inspections of representativeoffices of overseas NGOs.

Article 38Chief representatives and the overseas representatives of representativeoffices of overseas NGOs who hold foreign nationality may use theirregistration certificates and documentary evidence of their positions to handleemployment and other work formalities in accordance with the law.

Chapter V

Oversight andSupervision

Article 39Overseas NGOs carrying out activities in the mainland of China shallaccept the oversight and supervision of public security organs, relevantdepartments and organizations in charge of operations.

Article 40Organizationsincharge of operations shall be responsible for issuing comments to overseas NGOson establishing representative offices, changing registered details andcompiling annual work reports, for guiding and overseeing overseas NGOs andtheir representative offices in carrying out activities, and for assistingpublic security organs and other departments in investigations of illegalbehavior by overseas NGOs and their representative offices.

Article 41Public security organs shall be responsible for the registration andannual inspections of representative offices of overseas NGOs, ensuring thesubmission of necessary documents for the record by overseas NGOs wishing tocarry out temporary activities in the mainland of China, and investigating andpunishing illegal behavior by overseas NGOs and their representative offices.

Where public security organs discover behavior they suspect violates theprovisions of this Law in the course of performing oversight and supervision,they may adopt the following measures in accordance with the law:

(1) Interview the chief representative and other representatives of therepresentative office of an overseas NGO;

(2) Enter the premises or site of the activities of the overseas NGO inthe mainland of China to carry out an inspection;

(3) Question organizations and individuals related to the incident beinginvestigated and require them to clarify matters related to the incident beinginvestigated;

(4) Consult and copy documents and materials relevant to the incidentbeing investigated and seal up for safekeeping documents or materials thatcould otherwise be moved, destroyed, concealed or altered;

(5) Shut down premises and facilities, or seize property, suspected ofinvolvement in illegal activities.

Article 42Public security organs may access the bank accounts of organizations andindividuals related to the incident being investigated, and financialinstitutions and financial regulatory bodies shall submit to such requests.Where a bank account is suspected of involvement in illegal activities, havingobtained the approval of the person in charge of the public security organ ofthe people’s government at or above the level of a city divided intodistricts, a request may be made to a people’s court to freeze the account inaccordance with the law. The bank account suspected of criminal involvementshall be frozen in accordance with provisions of the Criminal Procedure Law ofthe People’s Republic of China.

Article 43Departments in charge of national security, foreign affairs, finance, financialregulation, customs, taxation and foreign experts shall oversee and superviseoverseas NGOs and their representative offices according to their respectiveduties and in accordance with the law.

Article 44The administrative department of the State Council in charge ofanti-money laundering shall carry out oversight and supervision of compliancewith provisions of anti-money laundering and anti-terrorism financing laws byrepresentative offices of overseas NGOs, Chinese partners, and organizationsand individuals in the mainland of China who accept funding from overseas NGOs,in the course of opening and operating bank accounts, in accordance with thelaw.

Chapter VI

Legal Liability

Article 45Where representative offices of overseas NGOs, overseas NGOscarrying out temporary activities in the mainland of China or their Chinesepartners are guilty of one of the following, the local public security organ ofa people’s government at or above the level of a city divided into districts,shall issue a warning or order them to cease their activities within a certaindeadline, confiscate illegal gains and stolen property, and where circumstancesare serious, have the registration authority suspend their registrationcertificate and prohibit temporary activities:

(1) Failing to update relevant details on their registration documentsor documents on record in accordance with provisions;

(2) Failing to carry out activities under the name or within theoperational scope or area of activities stated on the registration documents ordocuments on record;

(3) Engaging in or funding profit-making activities, fundraising orrecruiting members in violation of provisions;

(4) Obtaining or using funds in violation of provisions, or failing toopen or use a bank account or carry out accounting in accordance withprovisions;

(5) Failing to submit an annual activity plan and to submit or makepublic an annual work report in accordance with provisions;

(6) Refusing to accept an inspection, or not accepting one in accordancewith provisions.

Any representative offices of overseas NGOs and overseas NGOs carryingout temporary activities in the mainland of China, or their Chinese partners,that use illegal means, such as providing false information, to obtain arepresentative office registration certificate or when submitting documents forthe record, or that forge, alter, sell, rent or lend a registration certificateor seal, shall be punished in accordance with the provisions of the precedingparagraph.

Article 46Where overseas NGOs or their representative offices are guilty of any ofthe following, the local public security organ of a people’s government at orabove the level of a city divided into districts shall issue a ban or orderthem to cease their illegal behavior, confiscate their illegal gains andproperty, issue a warning to those directly responsible, and wherecircumstances are serious, detain them for up to 10 (ten) days:

(1) Carrying out activities in the name of the representative office ofan overseas NGO or an overseas NGO without registering or submitting thenecessary documents for the record;

(2) Carrying out activities in the name of the representative office ofan overseas NGO after their registration has been revoked, their registrationcertificates are suspended or their registration is cancelled;

(3) Carrying out activities in the mainland of China after the deadlinefor temporary activities of an overseas NGO has expired or the temporaryactivities have been banned;

(4) Entrusting or financing organizations or individuals in the mainlandof China in carrying out activities in the mainland of China when an overseasNGO has not registered a representative office or has not submitted thenecessary documents for the record to carry out temporary activities.

Organizations and individuals in the mainland of China who knowinglycooperate with an unregistered representative office of an overseas NGO or anoverseas NGO that has not submitted the necessary documents for the record tocarry out temporary activities, who are willfully entrusted or financed bythem, or who act in the capacity of an agent or agent in any other form tocarry out activities or receive or make payments of project funds shall bepunished in accordance with the provisions of the preceding paragraph.

Article 47Wherean overseasNGO or representative office of an overseas NGO is guilty of any of thefollowing, the registration authority shall suspend its registrationcertificate or prohibit temporary activities; if no crime is committed, thepublic security organ of the local people’s government at or above the level ofa city divided into districts may detain those directly responsible for up to15 (fifteen) days:

(1) Inciting resistance to laws and regulations;

(2) Illegally obtaining State secrets;

(3) Spreading rumors, slandering, or publishing or disseminating otherharmful information that endangers national security or harms nationalinterests;

(4) Engaging in or funding political activities, or illegally engagingin or funding religious activities;

(5) Engaging in other acts that endanger national security or harmnational or public interests.

Where an overseas NGO or the representative office of an overseas NGOengages in criminal acts, such as those aimed at dividing the country,undermining national reunification or subverting State power, the registrationauthority shall punish them in accordance with the provisions of the precedingparagraph and investigate criminal liability against those directlyresponsible.

Article 48Where an overseas NGO or the representative office of an overseas NGOviolates the provisions of this Law and has its registration revoked, itsregistration certificate suspended or its temporary activities prohibited, itshall 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 registration is revoked or suspended or its activities prohibited.

An unregistered representative office of an overseas NGO or an overseasNGO that has not submitted the necessary documents for the record to carry outtemporary activities shall not establish a representative office or carry outtemporary activities in the mainland of China again for a period of 5 (five)years from the date on which its activities are prohibited.

Where an overseas NGO is guilty of one of the acts listed in Article 47of this Law, the Ministry of Public Security under the State Council mayinclude it on an unwelcome list, and it shall not establish a representativeoffice or carry out temporary activities in the mainland of China again.

Article 49Where the representative office of an overseas NGO is ordered to ceaseits activities within a specific deadline, the registration authority shallseal up its registration certificate, seal and financial documents forsafekeeping. Where its registration is revoked or its registration certificateis suspended, the registration authority shall confiscate and nullify itsregistration certificate and seal.

Article 50Where overseas nationals violate the provisions of this Law, relevantauthorities may order them to leave the country within a certain deadline ordecide to expel or deport them.

Article 51Where, in the course of their oversight and supervision work withoverseas NGOs, public security organs, relevant departments and organizationsin charge of operations, as well as their personnel, fail to perform theirduties or abuse their authority, neglect their duties, or commit irregularitiesfor private gains, criminal liability shall be investigated in accordance withthe law.

Article 52Where the provisions of this Law are violated in an act that constitutesa violation of public security, public security organs shall administer apunishment in respect to management of public security. Where they are violatedin an act that constitutes a crime, the organization or individual responsibleshall be investigated for criminal liability in accordance with the law.

Chapter VII

SupplementaryProvisions

Article 53Overseas schools, hospitals, natural sciences and engineeringtechnology research institutes, or academic organizations wishing to engage inexchanges and cooperation with schools, hospitals, natural science andengineering technology research institutes, or academic organizations in themainland of China shall do so in accordance with relevant regulations of theState.

Where the activities in the mainland of China of schools, hospitals,institutes and organizations specified in the preceding paragraph violate theprovisions of Article 5 of this Law, they shall be investigated for criminalliability in accordance with the law.

Article 54This Law shall come into force on January 1, 2017.

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