The Chinese political structure, the challenges of civil society development under the new laws Huang Haoming China Association for NGO Cooperation August 18 th, Changsha, Hunan

Table of contents PART.04 Challenges of civil society development under new law PART.01 Introduction on political structure in China PART.02 Review on Charity Law of the People’s Republic of China PART.03 Review on China’s Law on the Management of the Activities of Overseas NGOs Within Mainland China

PART.01 Introduction on political structure in China PART.01

Political Structure in China Source:

Legislative body; Approve CPC decisions; Forum for debating ideas within government/CPC; Elects State President Premier of the State Council Head of the Judiciary President of the Supreme People’s Court NPC – The Highest in Hierarchy of Governance National People’s Congress (NPC) NPC Standing Committe e Ethnic Affairs Committee Law Committee Committee for Internal and Judicial Affairs Financial and Economic Committee Education, Science, Culture and Health Committee Overseas Chinese Affairs Committee Environment and Resources Protection Committee Agriculture and Rural Affairs Committee The Role of National People’s Congress (NPC) :

Chinese Legislative Hierarchy Source: conventuslaw.com NPC State Council

PART.02 Review on Charity law

Review on Charity Law Advantage: Qualification for public fundraising(art.22), Tax benefits Birth: March 16th, 2016 Effective: Sep 1 st,2016 Charitable Giving in China (by year and donor) First national-level legislation governing its charitable sector

Charitable organization Recognition within 5 years Recognition within 1 year Association How to become charitable organization Already established non-profit organizations Social service agency Foundation Newly established Registration

How to be qualified agency for public fundraising Apply to the civil affairs department the charity original registered with Legally registered charities Registered have been operating for 2 years Sound and functional internal structure Qualification for public fundraising Application to the civil affairs department for charity original registered

PART.03 Review on China’s Law on the Management of the Activities of Overseas NGOs Within Mainland China

The draft of bill on NGOs based outside the Chinese mainland was submitted to the bi-monthly session of the National People's Congress (NPC) for its first reading; The birth of New law on Overseas NGOs New law will take effect on 1st, Jan On April ， the second draft have been examinated and agreed upon NPC, and the draft was released for opening to feedback from public The draft was submitted for third reading to the bi-monthly session of the NPC Standing Committee and on April 28 th, being approved by top legislature

Overview on China’s New Law on Overseas NGOs Objective Standardize and guide all activities carried out by overseas NGOs within China, and protect their rights and interests, while promoting communication and cooperation. Target group Work in fields Overseas foundations, foreign NGOs, think tanks who carry out activities in China; The economy, education, science and technology, culture, health, sports, environmental protection, poverty alleviation and disaster relief, but detailed rules and regulations haven’t released Clarify the registration process and regulate the activities and operations of all foreign NGOs active within Mainland China

Review on registration, accountability and public fundraising Registration Registration department: : The Public Security departments of the State Council and provincial level public security organs ( Article 6); organizations register with both the Public Security Bureau and a supervisory agency Professional Supervisory Units: ( 业务主管单位 ) ( Art. 11 ） Regulation of temporary activities Unregistered overseas NGOs who want to carry out activities without a representative office in China shall cooperate with Chinese partner organizations (Art 16) and obtain a temporary activity permit whose duration does not exceed one year (Art 17) Qualification for public fundraising According to Charity law, overseas NGOs and their representative offices in China shall not conduct fundraising activities within China (Art. 21)

PART.03 Challenges of civil society development under new law PART.04

What are the Advantage of new laws Accountability Capacity building Legal Specialization Transparency

What are the challenge under new laws - Talent building More labour cost Specialization Governance. Capacity building

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