As anyone who works in or deals with China on a regular basis knows, so much of life and work operates in a gray area – that space which can often be described as “neither legal nor illegal” since there are not yet laws governing the space or activity.
That has been the situation for numerous NGOs operating in China. Absent an actual law governing foreign NGOs in China, they've operated unofficially or with local blessing or registered as commercial enterprises.
Those days may be coming to an end. Last week the Standing Committee of the National People’s Congress published the Second Reading of the Foreign NGO Management Law. It will now go through a process of review before a Third Reading.
According to the China Daily, some significant changes have been made since the First Reading:
The proposed law represents a big change to a draft that legislators looked at during a first reading four months ago that banned NGOs or their representative offices in China from setting up branches in the country.
The draft that was given a second reading at the bimonthly meeting of the Standing Committee of the National People's Congress on Thursday allows NGOs to open branches in the country with the permission of the State Council.
The change was made "in light of the Chinese government's positive attitude toward some international NGOs", an explanation text of the draft said.
"Foreign NGOs and their representative offices are not allowed to establish branches in China unless the State Council gives them special policies," the revised provision said.
Here’s what Reuters has to say about the changes made since the first draft:
The draft was altered after "some localities and departments" pushed for change, noting there were already important science and technology-related international NGOs operating in China, the website of the National People's Congress said.
It was "recommended that the provisions be more flexible", said the notice, dated on Wednesday. The draft was discussed by the leadership of the rubber-stamp parliament on Thursday.
An earlier draft of the law, seen by Reuters in March, barred foreign NGOs from activities that violate "Chinese society's moral customs" and from setting up branches in China under any circumstances.
The new draft allows foreign NGOs to open branch offices only with permission from the State Council, or China's cabinet.
At first glance, then, it appears to be somewhat of a good news/bad news story. The good news is that foreign NGOs may be allowed to open offices and legally operate in China. The bad news is that approval must come from the State Council, the highest governing body in the Chinese government.
What this all means, of course, only time will tell.
The China Law Translator site has translated the full text of the Foreign NGO Management Law (2nd Reading) into English. You can read it here.
Image credit: Beijing 2118, by gil_penney, via Flickr
Joann Pittman
Joann Pittman is Vice President of Partnership and China Engagement and editor of ZGBriefs. Prior to joining ChinaSource, Joann spent 28 years working in China, as an English teacher, language student, program director, and cross-cultural trainer for organizations and businesses engaged in China. She has also taught Chinese at the University …View Full Bio
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