Preparing for New Requirements Under the Chinese Law on the Activities of Foreign NGOs
By Anita Whitehead
In April 2016, the government of the People’s Republic of China passed new legislation that will regulate the activities of foreign NGOs operating in the country. The Chinese Ministry of Public Security held a briefing meeting with the embassies of several countries in Shanghai on November 9 to introduce the law and to explain the new requirements for NGOs. Below we provide a summary of the key highlights and deadlines covered in that meeting.
Key highlights and deadlines
- The Ministry of Public Security will be the in-charge registration authority of foreign NGOs starting from January 1, 2017.
- There will be no Grace Period in terms of the implementation of the new law.
- A special window will be opened in the Exit and Entry Administration Service Center Reception Hall under the municipal-level Public Security Bureaus to handle the registration of the representative office of the foreign NGOs. The preparation work for the special window is still under way, but will be completed soon.
- The Ministry of Public Security will soon release detailed guidelines for administrative procedures relating to the new foreign NGO law and the list of the in-charge Administration Departments for foreign NGOs by region.
- An on-line service portal will be coming soon, where foreign NGOs can make a registration reservation, an on-line application, and an on-line submission of documents.
- The Ministry of Public Security is working closely with the Ministry of Civil Affairs and the State Administration for Industry & Commerce to facilitate the registration changes of foreign NGOs that have already registered with the two preceding authorities.
- Foreign NGOs need to specify the areas/locations of their operations when they register with the municipal-level Public Security Bureaus. Foreign NGOs are allowed to operate across different provinces and can register multiple representative offices in China as long as their areas/locations of operations do not overlap.
- Foreign NGOs that have operations in several business areas, such as education, health, and culture, will need to choose the in-charge Administration Department according to their primary operation.
For more information on the regulatory compliance requirements related to the new law and how they will impact your organization, please contact [email protected].
About the author:
Anita Whitehead
Managing Director
KPMG
Anita Whitehead is a Managing Director with KPMG’s Development and Exempt Organizations practice. Based in Washington, DC, she assists global commercial organizations strategize their philanthropic vision and manage the legacy they wish to leave behind. KPMG’s DEO professionals are uniquely familiar with the trends affecting corporate responsibility, corporate philanthropy and charitable activities - including tax compliance services related to giving within the commercial environment.
