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

No. 44

TheLaw of the People’s Republic of China on the Administration ofActivities of Overseas Nongovernmental Organizations in theMainland of China, adopted at the 20th Meeting of the 12th
 Standing Committee of the National People’s Congress on April28, 2016, is hereby promulgated and shall come into force onJanuary 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 theNational People’s Congress on April 28, 2016,  promulgated byOrder No. 44  of the President of the People’s Republic
of China, and effective on January 1, 2017

Chapter I        General Provisions

Chapter II       Registration and Submitting Documents for theRecord

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 for the purposes ofregulating and guiding the activities in the mainland of China ofnongovernmental organizations from outside China’s mainland
(hereinafter referred to as “overseas NGOs”), as well as protectingtheir legitimate rights and interests and facilitatingcommunication and cooperation.

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

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

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

Article 4 Overseas NGOs that carry out activities in the mainlandof China in accordance with the law shall be protected by the law.

Article 5 Activities of overseas NGOs in the mainland of Chinashall abide by Chinese laws and shall not threaten China’s nationalreunification and security or ethnic unity, nor harm
 China’s national and social interests or the legitimaterights and interests of citizens, legal persons and otherorganizations.

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

Article 6 The Ministry of Public Security under the State Counciland public security organs of provincial-level people’s governmentsshall be the registration authorities for
activities of overseas NGOs in the mainland of China.

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

Article 7 Public security organs and relevant departments ofpeople’s governments at and above the county level shall, inaccordance with the law and within the scope of their
respective duties, oversee and supervise, and provide services toassist, the activities 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 and solving major problems in the course of
overseeing and supervising, as well as providing services toassist, the activities of overseas NGOs in the mainland of China.

Article 8 The State shall reward overseas NGOs that makeoutstanding contributions to the development of public welfare inChina.

 

Chapter II

Registration and Submitting Documents for the Record

Article 9 An overseas NGO engaging in activities in the mainland ofChina shall, in accordance with the law, register an establishedrepresentative office. Where¡¡an overseas NGO has not
 registered an established representative office but needs tocarry out temporary activities in the mainland of China, it shallsubmit documents for the record to this effect in
 accordance with the law.

Where¡¡an overseas NGO has not registered an establishedrepresentative office, nor submitted documents for the recordstating that it intends to carry out temporary activities, it shall
 not carry out or covertly engage in any activities, nor shallit entrust or finance, or covertly entrust or finance, anyorganization or individual to carry out activities in the
mainland of China on its behalf.

Article 10 Overseas NGOs that meet the following conditions may,depending on the scope of their operations, areas of activities andthe need to carry out activities, apply to register
and establish representative offices in the mainland 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 morethan two years;

(5) Other conditions stipulated by laws and administrativeregulations.

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

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

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

(1) A completed application form;

(2) Documents to support information specified in Article 10 ofthis Law;

(3) ID and the curriculum vitae of the person in charge of theproposed representative office as well as evidence or a statementproving he or she has no 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 ofoperations;

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

The registration authority shall review applications of overseasNGOs to establish representative offices and may arrange expertassessments where¡¡necessary.

The registration authority shall decide whether to grant¡¡or refusethe registration request within 60 (sixty) days of receiving anapplication.

Article 13 Where¡¡the application to establish a representativeoffice of an overseas NGO is accepted, the registration authorityshall issue a registration certificate and publicly
announce the acceptance. Registration items shall include thefollowing:

(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 thecertificate of registration to register for tax, obtain an engravedseal and open a bank account in the mainland of China,
and they shall submit a copy of their tax registration certificate,a sample of their seal and their bank account details to theregistration authority for their records.

Article 14 Whererepresentative offices of overseas NGOs need toalter¡¡registration details, they shall apply to do so with theirregistration authority within 30 (thirty) days of
receiving the approval of the organization in charge of operations.

Article 15 Where¡¡any of the following circumstances occur,registration authorities shall cancel the registration ofrepresentative offices of overseas NGOs and publically 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 isrevoked or its registration certificate is suspended;

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

After the registration of a representative office of an overseasNGO is cancelled, the overseas NGO that established therepresentative office shall properly deal with the aftermath.
Representative offices of overseas NGOs do not have legal personstatus, and overseas NGOs bear any related legal liability.
Article 16 Overseas NGOs that have not established representativeoffices but need to conduct temporary activities in the mainland ofChina shall do so in cooperation with State
organs, people’s organizations, public institutions and socialorganizations (hereinafter referred to as “Chinese partners”).

Article 17 Chinese partners of overseas NGOs conducting temporaryactivities shall handle examination and approval procedures inaccordance with State regulations and submit to local
 registration authorities the following documentation andinformation for their records 15 (fifteen) days before temporaryactivities commence:

(1) Documentary and material evidence of the legal establishment ofthe overseas 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 bankaccount details 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 rescueoperations, where¡¡an overseas NGO needs to carry out temporaryactivities in the mainland of China, the timeframe for filing
records mentioned in the preceding article shall not apply;however, the duration of temporary activities shall not exceed 1(one) year. Where¡¡there is a need to extend this deadline,
documentation and information shall be re-submitted for the record.

Where¡¡registration authorities believe that the temporaryactivities on record do not conform to the provisions of Article 5of this Law, they shall immediately notify the Chinese
 partner to cease temporary activities.

  

Chapter III

Activity Specifications

Article 18 Representative offices of overseas NGOs shall operateunder their registered names when carrying out activities withintheir operational scope and area.

Overseas NGOs shall not establish branch organizations, unlessotherwise specified by the State Council.

Article 19 Each year before December 31, representative offices ofoverseas NGOs shall submit to organizations in charge of theiroperations a plan for their activities in the
 following year, including projects and use of funds, andshall submit the same to registration authorities within 10 (ten)days following approval by organizations in charge of
operations. Where¡¡it is necessary to alter¡¡an activity plan underspecial circumstances, this shall be told to the registrationauthority immediately for the record.

Article 20 Overseas NGOs carrying out activities in the mainland ofChina shall not impose on Chinese partners and beneficiariesconditions that violate Chinese laws and regulations.

Article 21 Funding for activities of overseas NGOs in the mainlandof China 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 notinvolve the acquisition or use of funds other than those stipulatedin this article.

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

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

Overseas NGOs carrying out temporary activities in the mainland ofChina shall manage the funds for use in the mainland of Chinathrough their Chinese partners’ bank accounts,
implement separate accounting and earmark funds for specificpurposes.

Overseas NGOs, Chinese partners and individuals shall not use anymeans except the banks accounts specified in the preceding twoparagraphs to receive or make payments of funds for
their activities in the mainland of China.

Article 23 Overseas NGOs shall use funds in accordance with theiroperational scopes and areas as registered by representativeoffices or in accordance with their agreements with
Chinese partners.

Article 24 Representative offices of overseas NGOs shall adopt theChinese unified accounting system and employ accounting personnelwith Chinese accounting qualifications to carry
 out accounting in accordance with the law. Financialaccounting reports shall be audited by an accounting firm in themainland of China.

Article 25 Overseas NGOs carrying out activities in the mainland ofChina shall process foreign exchange revenues and expenditures inaccordance with relevant Chinese foreign exchange
controls.

Article 26 Representative offices of overseas NGOs shall handle taxregistration, declaration and payment procedures in accordance withthe law.

Article 27 Representative offices of overseas NGOs that employstaff in the mainland of China shall abide by laws andadministrative regulations and report workers’ information to
organizations in charge of operations and registration authoritiesfor their records.

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

Article 29 Representative offices of overseas NGOs shall appoint achief representative and between one and three otherrepresentatives based on their operational 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 arepresentative office that has had its registration revoked or itsregistration certificate suspended in accordance with the
law for not more than five years;

(4) Other circumstances stipulated by laws and administrativeregulations.

Article 30 An overseas NGO carrying out temporary activities in themainland of China shall engage in activities under the name itfiled on record.

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

Article 31 Representative offices of overseas NGOs shall, beforeJanuary 31 each year, submit a report to the organization in chargeof their operations detailing their previous
year’s work and, having received their comments, and report thesame to registration authorities before March 31 for an annualinspection.

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

Representative offices of overseas NGOs shall make annual workreports available to the public on the centralized website ofregistration authorities.

Article 32 No organization or individual in the mainland of Chinashall be entrusted or financed by an unregistered representativeoffice of an overseas NGO or an overseas NGO that
has not submitted the necessary documents for the record to carryout temporary activities in the mainland of China, nor shall theyagree to act in the capacity of an agent or agent in
 any other form of the aforementioned for such a purpose.

  

Chapter IV

Facilitation Measures

Article 33 The State shall safeguard and support overseas NGOs incarrying out activities in accordance with the law in the mainlandof China. Relevant departments of people’s
 governments at all levels shall provide the necessaryassistance and services for overseas NGOs to carry out activitiesin accordance with the law in the mainland of China.

Article 34 The Ministry of Public Security under the State Counciland public security organs of provincial-level people’s governmentsshall, together with relevant departments,
 compile lists of the areas and projects of overseas 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 or abovethe county level shall provide policy advice and guidance andservices for the activities of overseas NGOs in
accordance with the law.

Registration authorities shall, via a centralized website, makepublic the procedures for overseas NGOs to apply to establishrepresentative offices and submit the necessary documents
 for the record to carry out temporary activities.

Article 36 Representative offices of overseas NGOs may benefit fromtax incentives and other preferential policies in accordance withthe law.

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

Article 38 Chief representatives and the overseas representativesof representative offices of overseas NGOs who hold foreignnationality may use their registration certificates and
 documentary evidence of their positions to handle employmentand other work formalities in accordance with the law.

 

Chapter V

Oversight and Supervision

Article 39 Overseas NGOs carrying out activities in the mainland ofChina shall accept the oversight and supervision of public securityorgans, relevant departments and organizations
 in charge of operations.

Article 40 Organizationsin charge of operations shall beresponsible for issuing comments to overseas NGOs on establishingrepresentative offices, changing registered details and
compiling annual work reports, for guiding and overseeing overseasNGOs and their representative offices in carrying out activities,and for assisting public security organs and other
departments in investigations of illegal behavior by overseas NGOsand their representative offices.

Article 41 Public security organs shall be responsible for theregistration and annual inspections of representative offices ofoverseas NGOs, ensuring the submission of necessary
documents for the record by overseas NGOs wishing to carry outtemporary activities in the mainland of China, and investigatingand punishing illegal behavior by overseas NGOs and
their representative offices.

Where¡¡public security organs discover behavior they suspectviolates the provisions of this Law in the course of performingoversight and supervision, they may adopt the following
 measures in accordance with the law:

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

(2) Enter the premises or site of the activities of the overseasNGO in the mainland of China to carry out an inspection;

(3) Question organizations and individuals related to the incidentbeing investigated and require them to clarify matters related tothe incident being investigated;

(4) Consult and copy documents and materials relevant to theincident being investigated and seal up for safekeeping documentsor materials that could otherwise be moved, destroyed,
 concealed or altered;

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

Article 42 Public security organs may access the bank accounts oforganizations and individuals related to the incident beinginvestigated, and financial institutions and financial
regulatory bodies shall submit to such requests. Where¡¡a bankaccount is suspected of involvement in illegal activities, havingobtained the approval of the person in charge of the
 public security organ of the people’s government at or abovethe level of a city divided into districts, a request may be madeto a people’s court to freeze the account in accordance
 with the law. The bank account suspected of criminalinvolvement shall be frozen in accordance with provisions of theCriminal Procedure Law of the People’s Republic of China.

Article 43 Departments in charge of national security, foreignaffairs, finance, financial regulation, customs, taxation andforeign experts shall oversee and supervise overseas NGOs
and their representative offices according to their respectiveduties and in accordance with the law.

Article 44 The administrative department of the State Council incharge of anti-money laundering shall carry out oversight andsupervision of compliance with provisions of anti-money
laundering and anti-terrorism financing laws by representativeoffices of overseas NGOs, Chinese partners, and organizations andindividuals in the mainland of China who accept funding
from overseas NGOs, in the course of opening and operating bankaccounts, in accordance with the law.

   

Chapter VI

Legal Liability

Article 45 Where¡¡representative offices of overseas NGOs, overseasNGOs carrying out temporary activities in the mainland of China ortheir Chinese partners are guilty of one of the
following, the local public security organ of a people’s governmentat or above the level of a city divided into districts, shall issuea warning or order them to cease their
activities within a certain deadline, confiscate illegal gains andstolen property, and where¡¡circumstances are serious, have theregistration authority suspend their registration
certificate and prohibit temporary activities:

(1) Failing to update¡¡relevant details on their registrationdocuments or 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 registrationdocuments or documents 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 failingto open or use a bank account or carry out accounting in accordancewith provisions;

(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 inaccordance with provisions.

Any representative offices of overseas NGOs and overseas NGOscarrying out temporary activities in the mainland of China, ortheir Chinese partners, that use illegal means, such as
 providing false information, to obtain a representativeoffice registration certificate or when submitting documents forthe record, or that forge, alter, sell, rent or lend a
registration certificate or seal, shall be punished in accordancewith the provisions of the preceding paragraph.

Article 46 Where¡¡overseas NGOs or their representative offices areguilty of any 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 ban or order them tocease their illegal behavior, confiscate their illegal gains andproperty, issue a warning to those directly
responsible, and where¡¡circumstances are serious, detain them forup to 10 (ten) days:

(1) Carrying out activities in the name of the representativeoffice of an overseas NGO or an overseas NGO without registering orsubmitting the necessary documents for the record;

(2) Carrying out activities in the name of the representativeoffice of an overseas NGO after their registration has beenrevoked, their registration certificates are suspended or
their registration is cancelled;

(3) Carrying out activities in the mainland of China after thedeadline for temporary activities of an overseas NGO has expired orthe temporary activities have been banned;

(4) Entrusting or financing organizations or individuals in themainland of China in carrying out activities in the mainland ofChina when an overseas NGO has not registered a
representative office or has not submitted the necessary documentsfor the record to carry out temporary activities.

Organizations and individuals in the mainland of China whoknowingly cooperate with an unregistered representative office ofan overseas NGO or an overseas NGO that has not submitted
the necessary documents for the record to carry out temporaryactivities, who are willfully entrusted or financed by them, or whoact in the capacity of an agent or agent in any other
form to carry out activities or receive or make payments of projectfunds shall be punished in accordance with the provisions of thepreceding paragraph.

Article 47 Wherean overseas NGO or representative office of anoverseas NGO is guilty of any of the following, the registrationauthority shall suspend its registration certificate
 or prohibit temporary activities; if no crime is committed,the public security organ of the local people’s government at orabove the level of a city divided into districts may
 detain those directly responsible for up to 15 (fifteen)days:

(1) Inciting resistance to laws and regulations;

(2) Illegally obtaining State secrets;

(3) Spreading rumors, slandering, or publishing or disseminatingother harmful information that endangers national security or harmsnational interests;

(4) Engaging in or funding political activities, or illegallyengaging in 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 overseasNGO engages in criminal acts, such as those aimed at dividing thecountry, undermining national reunification or
 subverting State power, the registration authority shallpunish them in accordance with the provisions of the precedingparagraph and investigate criminal liability against those
 directly responsible. 

Article 48 Where¡¡an overseas NGO or the representative office ofan overseas NGO violates the provisions of this Law and has itsregistration revoked, its registration certificate
 suspended or its temporary activities prohibited, it shallnot establish a representative office or carry out temporaryactivities in the mainland of China again for a period of 5
(five) years from the date on which its registration is revoked orsuspended or its activities prohibited.

An unregistered representative office of an overseas NGO or anoverseas NGO that has not submitted the necessary documents for therecord to carry out temporary activities shall not
 establish a representative office or carry out temporaryactivities 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 inArticle 47 of this Law, the Ministry of Public Security under theState Council may include it on an unwelcome list, and
it shall not establish a representative office or carry outtemporary activities in the mainland of China again.

Article 49 Where¡¡the representative office of an overseas NGO isordered to cease its activities within a specific deadline, theregistration authority shall seal up its registration
 certificate, seal and financial documents for safekeeping.Where¡¡its registration is revoked or its registration certificateis suspended, the registration authority shall
confiscate and nullify its registration certificate and seal.

Article 50 Where¡¡overseas nationals violate the provisions of thisLaw, relevant authorities may order them to leave the countrywithin a certain deadline or decide to expel or
deport them.

Article 51 Where, in the course of their oversight and supervisionwork with overseas NGOs, public security organs, relevantdepartments and organizations in charge of operations,
 as well as their personnel, fail to perform their duties orabuse their authority, neglect their duties, or commitirregularities for private gains, criminal liability shall be
investigated in accordance with the law.

Article 52 Where¡¡the provisions of this Law are violated in an actthat constitutes a violation of public security, public securityorgans shall administer a punishment in respect
to management of public security. Where¡¡they are violated in anact that constitutes a crime, the organization or individualresponsible shall be investigated for criminal liability
in accordance with the law.

 

Chapter VII

Supplementary Provisions

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

Where¡¡the activities in the mainland of China of schools,hospitals, institutes and organizations specified in the precedingparagraph violate the provisions of Article 5 of this
 Law, they shall be investigated for criminal liability inaccordance with the law.

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

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