TAN Boping:Ecological and Environmental Protection Knows no Borders | Discussion on the Law of the PRC on Administration of Activities of Overseas NGOs in the Mainland of China
2023/6/12 15:00:00 本站

Editor's Note: On the morning of June 6, 2023, the Legal Working Committee of the China Biodiversity Conservation and Green Development Foundation (CBCGDF) hosted a "Melodious Deer ChirpingCBCGDF Expert Interview" Dialogue and invited experts and scholars in the field of law and governance from relevant organizations, to guide and carry out public legal education, focusing on the study and discussion of the Law of the PRC on Administration of Activities of  Overseas NGOs in the Mainland of China.

The background of this event lies in the ongoing revision of the "People's Republic of China Charity Law." In the draft soliciting opinions for this law, a proposed addition was made to encourage international charitable exchanges. How can social organizations "go global" and enhance cooperation with overseas non-governmental organizations to effectively advance the progress of SDGs? It is necessary to study the relevant laws in this regard. During this Dialogue, professors and experts from various fields shared their insightful perspectives. The following is a report by China Net. The translation is just for information.

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Dr. TAN Poping, Associate Professor and Head of the Department of Law, Faculty of Law, Beijing University of Technology attended the discussion and stated that ecological and environmental protection knows no borders.

What is the connotation of the concept of "conducting activities"in the Law of the PRC on Administration of Activities of  Overseas NGOs in the Mainland of China?

Dr. TAN Poping: Personally, I understand that in the Law, overseas NGOs "carry out activities" in China means that non-profit and non-governmental social organizations such as foundations, social groups, and think tanks legally established abroad, carry outactivities conducive to the development of public welfare undertakings in the fields of economy, education, science and technology, culture, health, sports, environmental protection, poverty relief, disaster relief, etc. in China in its own name, or by entrusting units and individuals in China within the scope of authorization.

What is the factual and legal distinction between overseas NGOs donating solely to China and "conducting activities" in China?

Dr. TAN Poping: Overseas NGOs simply donate to domestic units and individuals without any specific conditions, without specifying the purpose, including the time limit, purpose, field, beneficiary, etc. The use of the fund by the recipient is not subject to the constraints of foreign NGOs, and has full autonomy within the scope of the law. In my understanding, this does not constitute foreign NGOs "carrying out activities" in China.

If overseas NGOs donate to domestic units and individuals, attach specific conditions of use, and specify the purpose, then they are suspected of "carrying out activities" in China. The difference lies in whether the effect achieved by this kind of donation is similar or consistent with the effect achieved by foreign NGOs personally for "carrying out activities".

What is the legal time limit for refusing or returning overseas donations?

Dr. TAN Poping: Whether to reject or return overseas donations, I personally think that this requires specific analysis of specific cases to comprehensively study and judge whether such donations have the intention of "using" the hands of domestic units and individuals to achieve their goals. If there are additional conditions, and the content of the additional conditions is suspected of violating the provisions of Chinese laws and regulations, it should be rejected or returned, and reported to the competent government department. If the specific time limit is not clearly stipulated by the law, it should be determined according to the situation. As long as no substantial damage or adverse consequences are caused, it can be returned.

What is the legal concept of overseas NGOs? Do overseas NGOs, charitable organizations, and tax-exempt institutions all belong to overseas NGOs?

Dr. TAN Poping: According to the Management of Activities of Overseas Non-Governmental Organizations in the People's Republic of China Law, overseas NGOs refer to non-profit, non-governmental social organizations such as foundations, social groups, and think tanks legally established abroad. Charitable organizations and tax-exempt institutions legally established overseas should be regarded as overseas NGOs as long as they have the characteristics of non-profit and non-government.

How do domestic individuals and organizations regulate relevant work?

Dr. TAN Poping: According to the People's Republic of China Charity Law, Management of Activities of Overseas Non-Governmental Organizations in the People's Republic of China Law and other laws and regulations, domestic individuals and organizations could strengthen communication, exchanges and cooperation with government authorities.

What is the Legal Nature of Nobel Prizes?

Dr. TAN Poping: From my personal understanding, the Nobel Prize should belong to a fund managed by an overseas NGO.

Original Chinese Article:http://stzg.china.com.cn/m/2023-06/09/content_42402660.htm

Translator: Daisy

Checked by Sara

Editor: Daisy

Contact: v10@cbcgdf.org; +8617319454776

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