[Editor’s note:

On the morning of June 6th, 2023, the Law Working Committee of China Biodiversity Conservation and Green Development Foundation (CBCGDF) invited experts, scholars and staff from relevant departments in the legal field to offer guidance, conduct legal education and have a special study and discussion on the Law of the PRC on Administration of Activities of Overseas NGOs in the Mainland of China.

The meeting was held in the context that the Charity Law of the People’s Republic of China is in the process of revision. In the section of “Promotion Measures” of the draft for comments, the article “The State encourages international exchange of charity” has been added. It is important to learn relevant laws for charitable organizations to “go global”, better cooperate with overseas NGOs and “tell the stories of China”. At this meeting, many experts expressed insightful opinions.

This article will introduce the views of Mr. Song Li, lawyer of Guang Dong J&J Law Firm.]

Firstly, interpreting Article 32 of the Law of the PRC on Administration of Activities of Overseas NGOs in the Mainland of China literally, entrusting with grants is different from carrying out activities within the territory. If the donation does not include any entrustment or disguised entrustment, Article 32 should not be applicable.

Secondly, to interpret the Administration Law literally once again, in the second paragraph of Article 9, the focus is on whether they carry out activities in the Mainland of China or not.

Thirdly, from the point of view of the systematic interpretation of the entire Administration Law, Article 46 is an administrative penalty clause. Should this administrative penalty clause be combined with the Administrative Penalty Law for a systematic analysis? Article 46 must not be separated from the larger legal system of the Administrative Punishment Law. Administrative punishment has its illegal consequences, and there must be a violation of legal interests. If it is said that the foundation only accepts the money, but does not carry out activities according to the wishes of the donor, it should not fall under the second paragraph of the article.

The fourth point is about further advancing the reform and opening up and building a community with a shared future for mankind. Based on this understanding, should we maintain a certain degree of modesty when applying the legal provisions of Article 46? If relevant rules can be stipulated more clearly, it would facilitate the development of activities and meet the current policy requirements of China.

Original Chinese Article:

https://mp.weixin.qq.com/s/JlCeICNvyN4FcIHjkhGAIQ

Translator: Victoria

Checked by Richard

Editor: Victoria

Contact: v10@cbcgdf.org; +8617319454776

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