The Regulation of Foreign Non-Governmental Organizations in China

Scientific Essay from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: The present article is devoted to China's first Law on the Management Of Foreign Non-Governmental Organizations' Activities within Mainland China which will enter into force on 1 January 2017. The reform plans of the Chinese government have caused a great echo abroad, since the new law will have a significant impact on the activities of foreign NGOs in mainland China. In future, they will have to choose between two forms of activities, either to establish a representative office or to carry out temporary activities. However, both cases require a registration process with the authorities of Public Security as part of the new comprehensive monitoring and controlling system.

At first, the article illuminates the historical and political background of foreign NGOs and their activities in China. Then, a brief overview of the current legal framework, under which foreign NGOs in China are entitled to act, is given. The focus lies on the analysis of the new legislation, in particular, the registration procedure for both forms of activities, followed by a closer view on special provisions to be observed after a successful registration, and a discussion of the regulatory powers in case of a violation of the legal provisions.