The Regulatory Architecture of Civil Society and NGOs in China

(Pix © Larry Catá Backer 2015)

The regulation of NGOs in China has tended to be a backwater in the consciousness of Westerners; unless foreign NGOs are the target of regulation.  And indeed, Western civil society became quite animated in the wake of Chinese proposals to substantially amend their foreign NGO regulations.  I have been considering both Western reaction to Second Draft  of the  People's Republic of China Foreign Non-Governmental Organizations Management Law (Draft) (Second Reviewed Draft) (中华人民共和国境外非政府组织管理法（草案）（二次审议稿）, and comments thereto (see here, here, and here).

But the draft Foreign Non-Governmental Organizations Management Law (Draft) (Second Reviewed Draft) (中华人民共和国境外非政府组织管理法（草案）（二次审议稿) is only the tip of an administrative and regulatory architecture that has been built for the management of civil society in China.  

Shaoming Zhu (绍明) (Penn State SJD expected) has prepared a working paper that examines this regulatory architecture and points to recent changes--Shaoming Zhu, "The Application of Laws against Chinese NGOs --Research on NGO in China, Coalition for Peace & Ethics Working Paper 8/3 (August 2015).  As one considers the role of NGOs in China, and not just that of foreign civil society within that country, this Working paper may prove useful.  Portions of the working paper follow.  The paper may be accessed here. 

Shaoming Zhu, 

"The Application of Laws against Chinese NGOs --Research on NGO in China"

Coalition for Peace & Ethics Working Paper 8/3 (August 2015).

1. The legal and regulatory framework for Chinese NGOs

1.1 Laws

There are two kinds of laws that govern NGOs in China. One kind is that the subjects of the application of the laws are NGOs. The other kind is that the laws include rules that are applicable to NGOs as well. The Laws that are adopted by the National People’s Congress (NPC) or its Standing Committee include:

Constitution of the People’s Republic of China 宪法

Trade Union Law of People’ Republic of China工会法

Law of the People's Republic of China on the Red Cross Society 红十字会法

Welfare Donations Law of the People's Republic of China and relevant tax provisions公益事业捐赠法

Foreign Trade Law of the People’ Republic of China 对外贸易法

Copyright Law of the People’s Republic of China著作权法

Patent Law of the People’s Republic of China专利法

Law of the People’s Republic of China on Certified Public Accountants注册会计师法

Arbitration Law of the People’s Republic of China仲裁法

Securities Law of the People’s Republic of China证券法

Trust Law of the People's Republic of China 信托法

Education Law of the People's Republic of China教育法

Teachers Law of the People's Republic of China教师法

Compulsory Education Law of the People’s Republic of China义务教育法

Vocational Education Law of the People’s Republic of China职业教育法

Law of the People's Republic of China on the Promotion of Privately-run Schools 民办教育促进法

Higher Education Law of the Peoples Republic of China高等教育法

Urban Real Estate Administration Law of the People’s Republic of China城市房地产管理法

Land Administration Law of the PRC土地管理法

Electronic Signature Law of the People’s Republic of China电子签名法

Law of the People’s Republic of China on Tenders and Bids招投标法

Criminal Law刑法

Law of the PRC on Administrative Permission行政许可法

Administrative Procedure Law of the PRC行政诉讼法

Administrative Supervision Law of the PRC行政监察法

Administrative Reconsideration Law of the PRC行政复议法

Law of the People's Republic of China on Administrative Penalty行政处罚法

Law of the People's Republic of China on the Protection of Consumers' Rights and Interests消费者权益保护法

Law of the People's Republic of China on the Protection of Minors未成年人保护法

Law of the People's Republic of China on the Protection of Rights and Interests of Women妇女权益保障法

Law of the People's Republic of China on Protection of the Rights and Interests of the Elderly老年人权益保障法

Law of the PRC on Enterprise Income Tax企业所得税法

Law of the PRC on the Administration of Tax Collection税收征收管理法

Audit Law of the People's Republic of China审计法

Trademark Law of the People's Republic of China商标法

Auction Law of the People's Republic of China拍卖法

Law of the People's Republic of China on Specialized Farmers Cooperatives农民专业合作社法

Organic Law of the Urban Residents Committees of the PRC 城市居民委员会组织法

Organic Law of the Villagers Committees of the People's Republic of China 村民委员会组织法

Law of the Peoples Republic of China on Regional National Autonomy民族区域自治法

General Principles of the Civil Law of the PRC民法通则

Labour Law of the People's Republic of China劳动法

Law of the People’s Republic of China on Scientific and Technological Progress科学技术进步法

Law of the PRC on Assemblies, Processions and Demonstrations 集会游行示威法

Contract Law of the PRC合同法

Law of the PRC on State Compensation国家赔偿法

Archives Law of the People's Republic of China档案法

The Guarantee Law of the People's Republic of China担保法

1.2 Regulations

This research finds that there are more than 100 regulations involving NGOs that are issued by the State Council and its departments since 2000.[1] Regulations issued for Social Associations, Private non-enterprise units and Foundations since November 2013, when “Decision of the CCCPC on Some Major Issues Concerning Comprehensively Deepening the Reform” was adopted, are listed as follows.

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[1] In NGO area, the most important three regulations are (1) Regulations on the Registration and Administration of Social Organizations (社会团体登记管理条例); (2) Regulations on the Registration and Administration of Private Non-enterprise Units (民办非企业单位登记管理条例); and (3) The Regulation on Foundation Administration (基金会管理条例). They were all issued by the State Council and conducted by the Ministry of Civil Affairs to govern the establishment and management of China’s NGOs.