中华人民共和国境外非政府组织境内活动管理法（英译文本）

Order of the President of the People’s Republic of China

No. 44

TheLaw of thePeople’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 on April 28, 2016, is hereby promulgated and shall comeinto force on January 1, 2017.

Xi Jinping

President of the People’s Republic of China

April 28, 2016

Law of the People’s Republic of China on Administration

of Activities of Overseas Nongovernmental Organizations

in the Mainland of China

Adopted at the 20th Meeting of the 12th Standing Committee of the NationalPeople’sCongress on April 28, 2016,  promulgated by Order No. 44  of thePresident of the People’s Republic of China, andeffective on January 1, 2017

Chapter I        General Provisions

Chapter II       Registration and Submitting Documents for the Record

Chapter III     Activity Specifications

Chapter IV     Facilitation Measures

Chapter V      Oversight and Supervision

Chapter VI     Legal Liability

Chapter VII      Supplementary Provisions

Chapter I

General Provisions

Article 1 This Lawhas been formulated forthe purposes of regulating and guiding the activities in the mainland of Chinaof nongovernmental organizations from outside China’s mainland (hereinafterreferred to as “overseas NGOs”),as well as protecting their legitimate rights and interests and facilitatingcommunication and cooperation.

Article 2 This Law shall apply to the activities inthe mainland of China of all overseas NGOs.

“OverseasNGOs,” as referred to in this Law, shall meanfoundations, social groups, think tanks and other non-profit, nongovernmental socialorganizations legally established overseas.

Article 3 Overseas NGOs may, in accordance with theprovisions of this Law, engage in undertakings of benefit to the public in theareas of the economy, education, science, culture, health, sports and environmentalprotection, as well as in the areas of poverty and disaster relief.

Article 4 Overseas NGOs that carry out activitiesin the mainland of China in accordance with the law shall be protected by thelaw.

Article 5 Activities of overseas NGOs in themainland of China shall abide by Chinese laws and shall not threaten China’s national reunificationand security or ethnic unity, nor harm China’s nationaland social interests or the legitimate rights and interests of citizens, legalpersons and other organizations.

Overseas NGOs shallnot engage in or finance profit-making or political activities in the mainlandof China, and they shall not illegally engage in or finance religiousactivities.

Article 6 The Ministry of Public Security under theState Council and public security organs of provincial-level people’s governments shall bethe registration authorities for activities of overseas NGOs in the mainland ofChina.

Relevant departmentsand offices of the State Council and of provincial-level people’s governments shall bein charge of corresponding activities of overseas NGOs in China’s mainland.

Article 7 Public security organs and relevantdepartments of people’sgovernments at and above the county level shall, in accordance with the law andwithin the scope of their respective duties, oversee and supervise, and provideservices to assist, the activities of overseas NGOs in the mainland of China.

The State shallestablish a coordination mechanism to oversee and supervise overseas NGOs andbe responsible for researching, coordinating and solving major problems in thecourse of overseeing and supervising, as well as providing services to assist,the activities of overseas NGOs in the mainland of China.

Article 8 The State shall reward overseas NGOs thatmake outstanding contributions to the development of public welfare in China.

Chapter II

Registration andSubmitting Documents for the Record

Article 9 An overseas NGO engaging in activities inthe mainland of China shall, in accordance with the law, register anestablished representative office. Where an overseas NGO has not registered anestablished representative office but needs to carry out temporary activitiesin the mainland of China, it shall submit documents for the record to thiseffect in accordance with the law.

Where an overseas NGOhas not registered an established representative office, nor submitteddocuments for the record stating that it intends to carry out temporaryactivities, it shall not carry out or covertly engage in any activities, norshall it entrust or finance, or covertly entrust or finance, any organizationor individual to carry out activities in the mainland of China on itsbehalf. 

Article 10 Overseas NGOs that meet the followingconditions may, depending on the scope of their operations, areas of activitiesand the need to carry out activities, apply to register and establishrepresentative offices in the mainland of China:

(1) Legallyestablished overseas;

(2) Able toindependently bear civil liability;

(3) Purposes andbusiness scopes specified in the articles of association that benefit publicwelfare;

(4) Existed andengaged in substantive activities overseas for more than two years;

(5) Other conditionsstipulated by laws and administrative regulations.

Article 11 Overseas NGOs that apply to register andestablish representative offices in the mainland of China shall seek theapproval of organizations in charge of their operations.

Directories oforganizations in charge of operations shall be made public by the Ministry ofPublic Security under the State Council and public security organs ofprovincial-level people’sgovernments together with relevant departments.

Article 12 Overseas NGOs shall, within 30 (thirty)days of receiving permission from an organization in charge of operations,apply to the registration authority to register a representative office. Whenapplying to register a representative office, overseas NGOs shall provide theregistration authority with the following documentation and information:

(1) A completedapplication form;

(2) Documents tosupport information specified in Article 10 of this Law;

(3) ID and thecurriculum vitae of the person in charge of the proposed representative officeas well as evidence or a statement proving he or she has no criminal record;

(4) Proof of premisesof the proposed representative office;

(5) Evidence of thesource of supporting funds;

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

(7) Otherdocumentation and information stipulated in laws and administrativeregulations.

The registrationauthority shall review applications of overseas NGOs to establishrepresentative offices and may arrange expert assessments where necessary.

The registrationauthority shall decide whether to grant or refuse the registration requestwithin 60 (sixty) days of receiving an application.

Article 13 Where the application to establish arepresentative office of an overseas NGO is accepted, the registrationauthority shall issue a registration certificate and publicly announce theacceptance. Registration items shall include the following:

(1) Name;

(2) Address;

(3) Scope ofoperations;

(4) Area ofactivities;

(5) Chiefrepresentative;

(6) Organization incharge of operations.

Overseas NGOs shall,in accordance with the law, use the certificate of registration to register fortax, obtain an engraved seal and open a bank account in the mainland of China,and they shall submit a copy of their tax registration certificate, a sample oftheir seal and their bank account details to the registration authority fortheir records.

Article 14 Whererepresentative offices ofoverseas NGOs need to alter registration details, they shall apply to do sowith their registration authority within 30 (thirty) days of receiving theapproval of the organization in charge of operations.

Article 15 Where any of the following circumstancesoccur, registration authorities shall cancel the registration of representativeoffices of overseas NGOs and publically announce the cancellation:

(1) The overseas NGOwithdraws the representative office;

(2) The overseas NGOceases operations;

(3) Registration ofthe overseas NGO’srepresentative office is revoked or its registration certificate is suspended;

(4) The representativeoffice ceases operations for other reasons.

After theregistration of a representative office of an overseas NGO is cancelled, theoverseas NGO that established the representative office shall properly dealwith the aftermath. Representative offices of overseas NGOs do not have legalperson status, and overseas NGOs bear any related legal liability.

Article 16 Overseas NGOs that have not establishedrepresentative offices but need to conduct temporary activities in the mainlandof China shall do so in cooperation with State organs, people’s organizations, publicinstitutions and social organizations (hereinafter referred to as “Chinese partners”).

Article 17 Chinese partners of overseas NGOsconducting temporary activities shall handle examination and approvalprocedures in accordance with State regulations and submit to localregistration authorities the following documentation and information for theirrecords 15 (fifteen) days before temporary activities commence:

(1) Documentary andmaterial evidence of the legal establishment of the overseas NGO;

(2) A writtenagreement between the overseas NGO and its Chinese partner;

(3) Relevantinformation including the name, purpose, location and duration of temporaryactivities;

(4) Evidence of costsand funding sources as well as the bank account details of the Chinese partner;

(5) Approvaldocuments obtained by the Chinese partner;

(6) Otherdocumentation and information specified by laws and administrative regulations.

In emergencysituations, such as disaster relief and rescue operations, where an overseasNGO needs to carry out temporary activities in the mainland of China, thetimeframe for filing records mentioned in the preceding article shall notapply; however, the duration of temporary activities shall not exceed 1 (one)year. Where there is a need to extend this deadline, documentation andinformation shall be re-submitted for the record.

Where registrationauthorities believe that the temporary activities on record do not conform tothe provisions of Article 5 of this Law, they shall immediately notify theChinese partner to cease temporary activities.

Chapter III 

ActivitySpecifications

Article 18 Representative offices of overseas NGOsshall operate under their registered names when carrying out activities withintheir operational scope and area.

Overseas NGOs shallnot establish branch organizations, unless otherwise specified by the StateCouncil.

Article 19 Each year before December 31,representative offices of overseas NGOs shall submit to organizations in chargeof their operations a plan for their activities in the following year,including projects and use of funds, and shall submit the same to registrationauthorities within 10 (ten) days following approval by organizations in chargeof operations. Where it is necessary to alter an activity plan under specialcircumstances, this shall be told to the registration authority immediately forthe record.

Article 20 Overseas NGOs carrying out activities inthe mainland of China shall not impose on Chinese partners and beneficiariesconditions that violate Chinese laws and regulations.

Article 21 Funding for activities of overseas NGOs inthe mainland of China include the following:

(1) Legal sources offunds overseas;

(2) Interest on bankdeposits in the mainland of China;

(3) Other fundslegally acquired in the mainland of China.

Operations ofoverseas NGOs in the mainland of China shall not involve the acquisition or useof funds other than those stipulated in this article.

Overseas NGOs andtheir representative offices shall not solicit donations in the mainland ofChina.

Article 22 Overseas NGOs that have representativeoffices shall manage the funds for use in the mainland of China through therepresentative offices’bank accounts put on the records of registration authorities.

Overseas NGOscarrying out temporary activities in the mainland of China shall manage thefunds for use in the mainland of China through their Chinese partners’ bank accounts,implement separate accounting and earmark funds for specific purposes.

Overseas NGOs,Chinese partners and individuals shall not use any means except the banksaccounts specified in the preceding two paragraphs to receive or make paymentsof funds for their activities in the mainland of China.

Article 23 Overseas NGOs shall use funds inaccordance with their operational scopes and areas as registered byrepresentative offices or in accordance with their agreements with Chinesepartners.

Article 24 Representative offices of overseas NGOsshall adopt the Chinese unified accounting system and employ accountingpersonnel with Chinese accounting qualifications to carry out accounting inaccordance with the law. Financial accounting reports shall be audited by anaccounting firm in the mainland of China.

Article 25 Overseas NGOs carrying out activities inthe mainland of China shall process foreign exchange revenues and expendituresin accordance with relevant Chinese foreign exchange controls.

Article 26 Representative offices of overseas NGOsshall handle tax registration, declaration and payment procedures in accordancewith the law.

Article 27 Representative offices of overseas NGOsthat employ staff in the mainland of China shall abide by laws andadministrative regulations and report workers’ information to organizations in chargeof operations and registration authorities for their records.

Article 28 Representative offices of overseas NGOsand overseas NGOs that are carrying out temporary activities in the mainland ofChina shall not recruit members in the mainland of China, unless otherwisespecified by the State Council.

Article 29 Representative offices of overseas NGOsshall appoint a chief representative and between one and three otherrepresentatives based on their operational requirements. 

A person who meetsany of the following criteria may not serve as a chief representative orrepresentative:

(1) Lacks legalcapacity or has limited legal capacity;

(2) Has a criminalrecord;

(3) Has been chiefrepresentative or representative of a representative office that has had itsregistration revoked or its registration certificate suspended in accordancewith the law for not more than five years;

(4) Othercircumstances stipulated by laws and administrative regulations.

Article 30 An overseas NGO carrying out temporaryactivities in the mainland of China shall engage in activities under the nameit filed on record.

Overseas NGOs andChinese partners shall report in writing to registration authorities within 30(thirty) days of the conclusion of their activities detailing their activitiesand use of funds.

Article 31 Representative offices of overseas NGOsshall, before January 31 each year, submit a report to the organization incharge of their operations detailing their previous year’s work and, havingreceived their comments, and report the same to registration authorities beforeMarch 31 for an annual inspection.

Annual work reportsshould include an audited financial report, details of activities and personnelor organizational changes.

Representativeoffices of overseas NGOs shall make annual work reports available to the publicon the centralized website of registration authorities.

Article 32 No organization or individual in themainland of China shall be entrusted or financed by an unregisteredrepresentative office of an overseas NGO or an overseas NGO that has not submittedthe necessary documents for the record to carry out temporary activities in themainland of China, nor shall they agree to act in the capacity of an agent oragent in any other form of the aforementioned for such a purpose. 

Chapter IV

Facilitation Measures

Article 33 The State shall safeguard and supportoverseas NGOs in carrying out activities in accordance with the law in themainland of China. Relevant departments of people’s governments at all levels shallprovide the necessary assistance and services for overseas NGOs to carry outactivities in accordance with the law in the mainland of China.

Article 34 The Ministry of Public Security under theState Council and public security organs of provincial-level people’s governments shall,together with relevant departments, compile lists of the areas and projects ofoverseas NGOs, publish lists of organizations in charge of their operations andprovide guidance to overseas NGOs in carrying out their activities.

Article 35 Relevant departments of people’s governments at orabove the county level shall provide policy advice and guidance and servicesfor the activities of overseas NGOs in accordance with the law.

Registrationauthorities shall, via a centralized website, make public the procedures foroverseas NGOs to apply to establish representative offices and submit thenecessary documents for the record to carry out temporary activities.

Article 36 Representative offices of overseas NGOsmay benefit from tax incentives and other preferential policies in accordancewith the law.

Article 37 No charge shall be levied for the annualinspections of representative offices of overseas NGOs.

Article 38 Chief representatives and the overseasrepresentatives of representative offices of overseas NGOs who hold foreignnationality may use their registration certificates and documentary evidence oftheir positions to handle employment and other work formalities in accordancewith the law.

Chapter V

Oversight andSupervision

Article 39 Overseas NGOs carrying out activities inthe mainland of China shall accept the oversight and supervision of publicsecurity organs, relevant departments and organizations in charge of operations.

Article 40 Organizationsin charge ofoperations shall be responsible for issuing comments to overseas NGOs onestablishing representative offices, changing registered details and compilingannual work reports, for guiding and overseeing overseas NGOs and theirrepresentative offices in carrying out activities, and for assisting publicsecurity organs and other departments in investigations of illegal behavior byoverseas NGOs and their representative offices.

Article 41 Public security organs shall beresponsible for the registration and annual inspections of representativeoffices of overseas NGOs, ensuring the submission of necessary documents forthe record by overseas NGOs wishing to carry out temporary activities in themainland of China, and investigating and punishing illegal behavior by overseasNGOs and their representative offices.

Where public securityorgans discover behavior they suspect violates the provisions of this Law inthe course of performing oversight and supervision, they may adopt thefollowing measures in accordance with the law:

(1) Interview thechief representative and other representatives of the representative office ofan overseas NGO;

(2) Enter thepremises or site of the activities of the overseas NGO in the mainland of Chinato carry out an inspection;

(3) Questionorganizations and individuals related to the incident being investigated andrequire them to clarify matters related to the incident being investigated;

(4) Consult and copydocuments and materials relevant to the incident being investigated and seal upfor safekeeping documents or materials that could otherwise be moved,destroyed, concealed or altered;

(5) Shut downpremises and facilities, or seize property, suspected of involvement in illegalactivities.

Article 42 Public security organs may access thebank accounts of organizations and individuals related to the incident beinginvestigated, and financial institutions and financial regulatory bodies shallsubmit to such requests. Where a bank account is suspected of involvement inillegal activities, having obtained the approval of the person in charge of thepublic security organ of the people’s government at or above the level of a city dividedinto districts, a request may be made to a people’s courtto freeze the account in accordance with the law. The bank account suspected ofcriminal involvement shall be frozen in accordance with provisions of theCriminal Procedure Law of the People’s Republic ofChina.

Article 43 Departments in charge of nationalsecurity, foreign affairs, finance, financial regulation, customs, taxation andforeign experts shall oversee and supervise overseas NGOs and theirrepresentative offices according to their respective duties and in accordancewith the law.

Article 44 The administrative department of theState Council in charge of anti-money laundering shall carry out oversight andsupervision of compliance with provisions of anti-money laundering andanti-terrorism financing laws by representative offices of overseas NGOs,Chinese partners, and organizations and individuals in the mainland of Chinawho accept funding from overseas NGOs, in the course of opening and operatingbank accounts, in accordance with the law. 

Chapter VI

Legal Liability

Article 45 Where representative offices of overseasNGOs, overseas NGOs carrying out temporary activities in the mainland of Chinaor their Chinese partners are guilty of one of the following, the local publicsecurity organ of a 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 updaterelevant details on their registration documents or documents on record inaccordance with provisions;

(2) Failing to carryout activities under the name or within the operational scope or area ofactivities stated on the registration documents or documents on record;

(3) Engaging in orfunding profit-making activities, fundraising or recruiting members inviolation of provisions;

(4) Obtaining orusing funds in violation of provisions, or failing to open or use a bankaccount or carry out accounting in accordance with provisions;

(5) Failing to submitan annual activity plan and to submit or make public an annual work report inaccordance with  provisions;

(6) Refusing toaccept an inspection, or not accepting one in accordance with provisions.

Any representativeoffices of overseas NGOs and overseas NGOs carrying out temporary activities inthe mainland of China, or their Chinese partners, that use illegal means, suchas providing false information, to obtain a representative office registrationcertificate or when submitting documents for the record, or that forge, alter,sell, rent or lend a registration certificate or seal, shall be punished inaccordance with the provisions of the preceding paragraph.

Article 46 Where overseas NGOs or their representativeoffices are guilty of any of the following, the local public security organ ofa people’sgovernment at or above the level of a city divided into districts shall issue aban or order them to cease their illegal behavior, confiscate their illegalgains and property, issue a warning to those directly responsible, and wherecircumstances are serious, detain them for up to 10 (ten) days:

(1) Carrying outactivities in the name of the representative office of an overseas NGO or anoverseas NGO without registering or submitting the necessary documents for therecord;

(2) Carrying outactivities in the name of the representative office of an overseas NGO aftertheir registration has been revoked, their registration certificates aresuspended or their registration is cancelled;

(3) Carrying outactivities in the mainland of China after the deadline for temporary activitiesof an overseas NGO has expired or the temporary activities have been banned;

(4) Entrusting orfinancing organizations or individuals in the mainland of China in carrying outactivities in the mainland of China when an overseas NGO has not registered arepresentative office or has not submitted the necessary documents for therecord to carry out temporary activities.

Organizations andindividuals in the mainland of China who knowingly cooperate with anunregistered representative office of an overseas NGO or an overseas NGO thathas not submitted the necessary documents for the record to carry out temporaryactivities, who are willfully entrusted or financed by them, or who act in thecapacity of an agent or agent in any other form to carry out activities orreceive or make payments of project funds shall be punished in accordance withthe provisions of the preceding paragraph.

Article 47 Wherean overseas NGO orrepresentative office of an overseas NGO is guilty of any of the following, theregistration authority shall suspend its registration certificate or prohibittemporary activities; if no crime is committed, the public security organ ofthe local people’sgovernment at or above the level of a city divided into districts may detainthose directly responsible for up to 15 (fifteen) days:

(1) Incitingresistance to laws and regulations;

(2) Illegallyobtaining State secrets;

(3) Spreading rumors,slandering, or publishing or disseminating other harmful information thatendangers national security or harms national interests;

(4) Engaging in orfunding political activities, or illegally engaging in or funding religiousactivities;

(5) Engaging in otheracts that endanger national security or harm national or public interests.

Where an overseas NGOor the representative office of an overseas NGO engages in criminal acts, suchas those aimed at dividing the country, undermining national reunification orsubverting State power, the registration authority shall punish them inaccordance with the provisions of the preceding paragraph and investigatecriminal liability against those directly responsible.  

Article 48 Where an overseas NGO or therepresentative office of an overseas NGO violates the provisions of this Lawand has its registration revoked, its registration certificate suspended or itstemporary activities prohibited, it shall not establish a representative officeor carry out temporary activities in the mainland of China again for a periodof 5 (five) years from the date on which its registration is revoked orsuspended or its activities prohibited.

An unregisteredrepresentative office of an overseas NGO or an overseas NGO that has notsubmitted the necessary documents for the record to carry out temporaryactivities shall not establish a representative office or carry out temporaryactivities in the mainland of China again for a period of 5 (five) years fromthe date on which its activities are prohibited.

Where an overseas NGOis guilty of one of the acts listed in Article 47 of this Law, the Ministry ofPublic Security under the State Council may include it on an unwelcome list,and it shall not establish a representative office or carry out temporaryactivities in the mainland of China again.

Article 49 Where the representative office of anoverseas NGO is ordered to cease its activities within a specific deadline, theregistration authority shall seal up its registration certificate, seal andfinancial documents for safekeeping. Where its registration is revoked or itsregistration certificate is suspended, the registration authority shallconfiscate and nullify its registration certificate and seal.

Article 50 Where overseas nationals violate theprovisions of this Law, relevant authorities may order them to leave thecountry within a certain deadline or decide to expel or deport them.

Article 51 Where, in the course of their oversightand supervision work with overseas NGOs, public security organs, relevantdepartments and organizations in charge of operations, as well as theirpersonnel, fail to perform their duties or abuse their authority, neglect theirduties, or commit irregularities for private gains, criminal liability shall beinvestigated in accordance with the law.

Article 52 Where the provisions of this Law areviolated in an act that constitutes a violation of public security, publicsecurity organs shall administer a punishment in respect to management ofpublic security. Where they are violated in an act that constitutes a crime,the organization or individual responsible shall be investigated for criminalliability in accordance with the law.

Chapter VII

SupplementaryProvisions

Article 53 Overseas schools, hospitals, naturalsciences and engineering technology research institutes, or academicorganizations wishing to engage in exchanges and cooperation with schools,hospitals, natural science and engineering technology research institutes, oracademic organizations in the mainland of China shall do so in accordance withrelevant regulations of the State.

Where the activitiesin the mainland of China of schools, hospitals, institutes and organizationsspecified in the preceding paragraph violate the provisions of Article 5 ofthis Law, they shall be investigated for criminal liability in accordance withthe law.

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