(Source: https://pltfrm.com.cn)
Introduction
Foreign NGOs that wish to carry out short-term or temporary activities in China must follow strict guidelines to ensure compliance. This article provides a comprehensive overview of the legal requirements for temporary activities, based on the Law on the Management of the Activities of Overseas NGOs.
1. Defining Temporary Activities
1.1 Scope of Temporary Activities
Temporary activities are defined as short-term projects that do not require the foreign NGO to establish a permanent representative office. These activities are typically limited to less than one year and must be filed with local authorities through an approved Chinese partner.
1.2 Types of Temporary Activities Permitted
Temporary activities can include research projects, workshops, training sessions, or humanitarian aid efforts. However, activities that involve political, religious, or profit-making endeavors are strictly prohibited under Chinese law.
2. Filing Procedures for Temporary Activities
2.1 Partnering with a Local Entity
Before filing, foreign NGOs must identify a local Chinese partner that will co-host or co-sponsor the temporary activity. This partner must be a recognized Chinese organization, such as a government agency, university, or non-profit organization.
2.2 Submitting the Required Documents
The foreign NGO and its Chinese partner must jointly file the activity with the relevant Public Security Bureau at least 15 days before the activity starts. Required documents include a written agreement between the NGO and the local partner, a description of the activity, and a detailed budget.
3. Monitoring and Compliance
3.1 Project Reporting and Financial Transparency
After the activity is completed, the foreign NGO and its local partner must submit a report to the Public Security Bureau. The report should include details about the project’s outcomes, financial expenditures, and any relevant feedback from participants.
3.2 Compliance with Local Regulations
Temporary activities must strictly comply with all applicable Chinese laws, including those related to public security, health, and environmental protection. NGOs must ensure that their local partners are also fully compliant with these regulations.
4. Case Study: International Red Cross Disaster Relief in China
The International Red Cross carried out a successful disaster relief operation in China after a major earthquake. By partnering with local health agencies and filing all required documentation, the Red Cross was able to provide swift humanitarian assistance while staying within the legal framework.
Conclusion
Foreign NGOs must carefully navigate the legal landscape when conducting temporary activities in China. By partnering with approved local entities, submitting all necessary documentation, and complying with post-activity reporting requirements, NGOs can ensure their temporary projects are both impactful and compliant with Chinese law.
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