China's Domestic NGO Law and its Effect on Foreign-Funded NGOs
Current Progress in Arts and Social Studies Research Vol. 3,
25 July 2024,
Page 1-13
https://doi.org/10.9734/bpi/cpassr/v3/8525E
The Chinese authorities took a major step by developing a new law ‘to standardise and guide the activities of overseas non-governmental organisations’ in line with the objective of the Chinese Communist Party (CCP) ‘to comprehensively promote the rule of law and to build a socialist country under the rule of law’. The Law of the People’s Republic of China on Administration of Activities of Overseas Non-governmental Organisations in the Mainland of China (Overseas NGO Law), adopted at the 20th Meeting of the 12th Standing Committee of the National People’s Congress on 28 April 2016, came into force on 1 January 2017. The Chinese authorities explained that this new law is a major step “to standardise and guide the activities of overseas non-governmental organisations” in line with the objective of the Chinese Communist Party “to comprehensively promote the rule of law and to build a socialist country under the rule of law”. However, foreign NGOs in China have reacted to the new law with grave concern and anxiety. This article provides an analysis of the main features of the Law and assesses its intention, impact and consequences. The new law has serious consequences for foreign NGOs in China. Six months after the new law took effect, only 82 foreign NGOs had completed the registration as required by the new law, accounting for about 1% of the 7000 foreign NGOs believed to be operating in mainland China. Overseas NGOs as well as domestic NGOs in China need new laws for protection rather than regulations for further restriction and punishment. It is unfortunate that the Overseas NGOs Law, which places the registration and supervision of overseas NGOs and their activities in China directly under the Ministry of Public Security instead of the Ministry of Civil Affairs, is a mechanism of state control rather than protection and facilitation for foreign NGOs.