The Charity Law of the People's Republic of China is in the process of being revised. In the "Promotion Measures" section of the draft version for comments, an article has been added to "encourage international charity exchanges". The public has developed a keen interest in how native NGOs can "go global", better cooperate with foreign NGOs, and "tell the Chinese story well".

On the morning of June 6, 2023, the Legal Work Committee of the China Biodiversity Conservation and Green Development Foundation (CBCGDF) invited several experts and scholars in the legal field to conduct a special study and discussion on the Law on the Administration of Domestic Activities of Overseas NGOs. Here is the speech of Mr. Wang Wenyong, Senior joint partner of Beijing DHH Law Firm, which is briefly shared as follows:

Firstly, Lawyer Wang emphasized the importance of reflecting on the rule of law. The basic principle is: (for civil activities) everything which is not forbidden is allowed; (for administrative enforcement) everything which is not allowed is forbidden. A country ruled by law should pay particular attention and vigilance to the fact that it is inappropriate for administrative agencies to enlarge their rights at will. Therefore, it is necessary to prevent administrative agencies from abusing the interpretation of law without authorization.

Subsequently, Lawyer Wang proposed five key concepts: overseas NGO, domestic activities, entrusted funding, scope of filing, and willingness, and then compared and interpreted their legal meanings in order. He then concluded that to determine whether an activity is represented, entrusted, or disguised by an overseas NGO, formal judgment should be made to examine whether the activity materials have printed the name of them, and whether the agreement has stipulated relevant provisions. People need to use these key concepts to make separate judgments on specific cases.

Original Chinese Article: https://mp.weixin.qq.com/s/oxuBPSpVJhqWW_N4fjHRFA

Translator: Richard

Checked by Victoria

Contact: V10@cbcgdf.org; +8617319454776

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