Administrative Law on Overseas NGOs: A Survival Guide for Overseas NGOs in China SHORT TITLE

• Published date: 09 May 2016
• Author: Yibo Ge (managing associate),Rui Wang (partner),Jun Zhang (managing associate)
• Date: 09 May 2016
• Subject Matter: Administrative Law

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This article was written by Rui Wang (partner), Yibo Ge (managing associate) and

Jun Zhang (managing associate)

On April 28, 2016, the PRC Administrative Law on Overseas NGOs’ Activities within

China (《中华人民共和国非政府组织境内活动管理法》) (“Overseas NGOs Law”)

was passed through the 20th meeting of the Standing Committee of the 12th

National People's Congress. The Overseas NGOs Law will take effect on January

1, 2017. It is the first time that China has legislated on the administration,

supervision and service assurance of overseas NGOs’ activities within China.

The Overseas NGOs Law regulates the main activities of not-for-profit and non-

governmental social organizations that are legally established outside China, such

as foundations, social groups, and think-tank institutions (“Overseas

NGOs”) [1]within China, from the perspective of registration and record-filing,

requirements for activities, supervision and administration, and legal

responsibilities. It will have a profound influence on the development of Overseas

NGOs within China. This article will introduce the main elements of the Overseas

NGOs Law and discuss several of its most important provisions.

I Ways Available for Overseas NGOs to Carry Out

Activities in China

According to the Overseas NGOs Law, an Overseas NGO can carry out activities in

China which are beneficial to the development of the social welfare in areas such as

economics, education, science, culture, health, sport, environmental protection,

poverty relief and disaster relief[2]. There are two legal ways that an Overseas NGO

can carry out such activities[3]: by registering a representative office; or by carrying

09 May 2016

Administrative Law on

Overseas NGOs: A Survival

Guide for Overseas NGOs

in China SHORT TITLE