Risk warning for joining overseas social organizations and using their names/logos for antibacterial propaganda

Member units:

The “Law of the People’s Republic of China on the Management of Domestic Activities of Overseas Non-Governmental Organizations” was officially implemented on January 1, 2017. According to this law, overseas NGOs refer to non-profit, non-governmental social organizations such as foundations, social groups, think tanks, etc. legally established overseas.

1. Activities that overseas NGOs can carry out

According to this law, overseas non-governmental organizations can carry out economic, education, science and technology, culture, health, sports, environmental protection and other fields in China, as well as poverty relief and disaster relief. Carry out activities conducive to the development of public welfare undertakings.

However, Article 9 of the Law also stipulates that overseas non-governmental organizations that carry out activities in China must register and establish representative offices in accordance with the law; if they have not registered and established representative offices and need to carry out temporary activities in China, they must file a record in accordance with the law. Overseas non-governmental organizations that have not registered to establish representative offices or carry out temporary activities without filing shall not carry out or carry out activities in disguised form within the territory of China. They shall not entrust or fund, or in disguised form, entrust or fund any unit or individual in China to conduct activities in China. Activities.

2. Activities that overseas NGOs are not allowed to engage in

Articles 5 and 28 of the Law provide the following provisions:

1. Overseas non-governmental organizations must abide by Chinese laws when conducting activities in China, and must not endanger China’s national unity, security, and ethnic unity, or harm China’s national interests, social public interests, and the legitimate rights and interests of citizens, legal persons, and other organizations. .

　2. Overseas NGOs may not engage in or fund for-profit activities or political activities within China, nor may they illegally engage in or fund religious activities.

3. Representative offices of overseas non-governmental organizations and overseas non-governmental organizations that carry out temporary activities are not allowed to develop members in China, unless otherwise stipulated by the State Council.

3. Risk warning for joining overseas social organizations and using them to promote antibacterial propaganda

All member units are requested to carefully study this law (see the attachment for details) to avoid legal risks that may arise from joining overseas social organizations and using them to carry out antibacterial propaganda.

Attachments:

Law of the People’s Republic of China on the Administration of Domestic Activities of Overseas Non-Governmental Organizations

Chapter 1 General Provisions

Article 1 This Law is formulated in order to regulate and guide the activities of overseas non-governmental organizations in China, protect their legitimate rights and interests, and promote exchanges and cooperation.

Article 2 This Law shall apply to overseas non-governmental organizations carrying out activities in China.

For the purpose of this law, overseas non-governmental organizations refer to foundations, social groups, think tanks and other non-profit, non-governmental social organizations legally established overseas.

Article 3 Overseas non-governmental organizations may, in accordance with this Law, carry out activities conducive to the development of public welfare undertakings in the fields of economy, education, science and technology, culture, health, sports, environmental protection, poverty relief, disaster relief, etc.

Article 4 Overseas non-governmental organizations carry out activities in China in accordance with the law and are protected by law.

Article 5 Overseas NGOsWhen carrying out activities in China, they must abide by Chinese laws and must not endanger China’s national unity, security and ethnic unity, and must not harm China’s national interests, social public interests, citizens, legal persons and other legitimate rights and interests of the organization.

Overseas NGOsare not allowed to engage in or fund for-profit activities or political activities within China, and are not allowed to illegally engage in or fund religious activities.

Article 6 The public security department of the State Council and the public security organs of provincial people’s governments are the registration and management authorities for overseas non-governmental organizations to carry out activities within the territory of China.

Relevant departments and units of the State Council and relevant departments and units of provincial people’s governments are the corresponding business supervisory units for overseas non-governmental organizations to carry out activities in China.

Article 7 The public security organs and relevant departments of the people’s governments at or above the county level shall, within the scope of their respective responsibilities, supervise and manage the activities of overseas non-governmental organizations in China and provide services in accordance with the law.

The state has established a coordination mechanism for the supervision and management of overseas non-governmental organizations, which is responsible for researching, coordinating and resolving major issues in the supervision, management and service facilitation of activities carried out by overseas non-governmental organizations in China.

Article 8 The state shall commend overseas non-governmental organizations that have made outstanding contributions to the development of China’s public welfare undertakings.

Chapter 2 Registration and Filing

Article 9: Overseas non-governmental organizations that carry out activities within the territory of China must register and establish representative offices in accordance with the law; if they have not registered and established a representative office and need to carry out temporary activities within the territory of China, they must file a record in accordance with the law.

Overseas non-governmental organizations that have not registered to establish representative offices or carry out temporary activities without filing shall not carry out or carry out activities in China.� Overseas non-governmental organizations have not registered representative offices, have not filed temporary activities, and have entrusted and funded Chinese units and individuals to carry out activities in China.

Units and individuals within China who cooperate with overseas non-governmental organizations knowing that they have not registered representative offices or have not filed for temporary activities, or accept their entrustment or funding, act as their agent or disguised agent to carry out activities or receive and pay funds for project activities, shall Penalty shall be imposed in accordance with the provisions of the preceding paragraph.

Article 47 If an overseas NGO or representative office of an overseas NGO commits any of the following circumstances, the registration management authority shall revoke the registration certificate or ban temporary activities; if it does not constitute a crime, the registration management authority shall revoke the registration certificate or ban temporary activities; The public security organs of the above people’s governments shall detain the persons directly responsible for not more than fifteen days:

(1) Inciting to resist the implementation of laws and regulations;

(2) Illegally obtaining state secrets;

(3) Spreading rumors, defaming, or publishing or disseminating other harmful information that endangers national security or harms national interests;

(4) Engaging in or funding political activities and illegally engaging in or funding religious activities;

(5) There are other situations that endanger national security, harm national interests or social and public interests.

If overseas non-governmental organizations or representative offices of overseas non-governmental organizations commit criminal acts such as splitting the country, undermining national unity, or subverting state power, they shall be punished by the registration and management authorities in accordance with the provisions of the preceding paragraph, and those directly responsible shall be held criminally responsible in accordance with the law.

Article 48 If an overseas NGO or representative office of an overseas NGO violates the provisions of this Law and its registration is revoked, its registration certificate is revoked, or its temporary activities are banned, within five years from the date of cancellation, revocation, or ban, It is not allowed to establish representative offices or carry out temporary activities in China.

Overseas non-governmental organizations that have not registered a representative office or carried out temporary activities without registration shall not be allowed to establish a representative office or carry out temporary activities in China within five years from the date when the activity is banned.

For overseas non-governmental organizations that fall under any of the circumstances specified in Article 47 of this Law, the public security department of the State Council may place them on the undesirable list and shall not establish representative offices or carry out temporary activities in China.

Article 49 If the representative office of an overseas NGO is ordered to cease activities within a time limit, the registration management authority shall seal its registration certificate, seal and financial vouchers. If the registration is revoked or the registration certificate is revoked, the registration management authority shall confiscate the registration certificate and seal and announce that they are invalid.

Article 50 If overseas personnel violate the provisions of this Law, the relevant authorities may leave the country within a time limit, deport or expel them in accordance with the law.

Article 51 If the public security organs, relevant departments and business supervisory units and their staff fail to perform their duties or abuse their powers, neglect their duties, or practice favoritism during the supervision and management of overseas non-governmental organizations, they shall be held legally responsible in accordance with the law.

Article 52 If a violation of the provisions of this Law constitutes a violation of public security management, the public security organs shall impose public security management penalties in accordance with the law; if it constitutes a crime, criminal responsibility shall be pursued in accordance with the law.

Chapter 7 Supplementary Provisions

Article 53 Exchanges and cooperation between overseas schools, hospitals, natural science and engineering technology research institutions or academic organizations and domestic schools, hospitals, natural science and engineering technology research institutions or academic organizations shall be handled in accordance with relevant national regulations .

If the activities of overseas schools, hospitals, institutions and organizations specified in the preceding paragraph in China violate the provisions of Article 5 of this Law, they shall be held legally responsible in accordance with the law.

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

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