Article 1 This Law is formulated for the purpose of regulating and guiding the activities of overseas non-governmental organizations in China, safeguarding their legitimate rights and interests, and promoting exchanges and cooperation.

Article 2 This Law shall apply to the activities of overseas non-governmental organizations in China.

The term "overseas non-governmental organizations" as mentioned in this Law refers to non-profit and non-governmental social organizations such as foundations, social organizations and think tanks established overseas according to law.

Article 3 Overseas non-governmental organizations may, in accordance with this Law, carry out activities that are conducive to the development of public welfare undertakings in the fields of economy, education, science and technology, culture, health, sports, environmental protection, poverty alleviation and disaster relief.

Article 4 Overseas non-governmental organizations shall carry out activities within the territory of China according to law and shall be protected by law.

Article 5 Foreign NGOs shall abide by the laws of China in their activities in China, and shall not endanger China's national unity, security and national unity, nor harm China's national interests, social interests and the legitimate rights and interests of citizens, legal persons and other organizations.

Overseas NGOs are not allowed to engage in or fund profit-making activities, political activities, or illegally engage in or fund religious activities in China.

Article 6 The public security departments of the State Council and the public security organs of the provincial people's governments are the registration and administration organs for overseas NGOs to carry out activities in China.

The relevant departments and units of the State Council and the provincial people's government are the corresponding competent business units for overseas NGOs to carry out activities in China.

Article 7 The public security organs and relevant departments of the people's governments at or above the county level shall, within the scope of their respective duties, supervise and manage the activities of overseas non-governmental organizations in China and provide services according to law.

The state establishes a coordination mechanism for the supervision and management of overseas NGOs, which is responsible for studying, coordinating and solving major problems in the supervision, management and service convenience of overseas NGOs in China.

Article 8 The State shall commend overseas non-governmental organizations that have made outstanding contributions to the development of public welfare undertakings in China.

Chapter II Registration and Filing

Article 9 Overseas NGOs shall register in China and set up representative offices. If an unregistered representative office needs to carry out temporary activities in China, it shall be filed according to law.

Overseas non-governmental organizations that have not registered their representative offices for the record and carried out temporary activities shall not carry out activities in China or in disguised form, and shall not entrust, fund or entrust or fund any unit or individual in China to carry out activities in China.

Article 10 If an overseas NGO meets the following conditions, it may apply for registration and establishment of a representative office in China according to its business scope, activity area and activity needs:

(1) It is established overseas according to law;

(2) Being able to bear civil liability independently;

(3) The purpose and business scope stipulated in the articles of association are conducive to the development of public welfare undertakings;

(four) to go abroad for more than two years and engage in substantive activities;

(5) Other conditions stipulated by laws and administrative regulations.

Article 11 An overseas non-governmental organization applying for registration and establishment of a representative office shall obtain the consent of the competent business unit.

The list of competent business units shall be published by the public security department of the State Council and the public security organ of the provincial people's government jointly with relevant departments.

Article 12 An overseas non-governmental organization shall, within 30 days from the date of approval by the competent business unit, apply to the registration authority for registration of the establishment of a representative office. To apply for registration of a representative office, the following documents and materials shall be submitted to the registration authority:

(1) an application;

(2) Certification documents and materials that meet the requirements of Article 10 of this Law;

(3) The identity certificate and resume of the chief representative of the representative office to be established, and the certification materials or statements with no criminal record;

(4) Proof of domicile of the representative office to be established;

(five) proof of the source of funds;

(six) the consent document of the competent business unit;

(seven) other documents and materials as prescribed by laws and administrative regulations.

The registration administration organ shall examine the application of overseas non-governmental organizations to set up representative offices, and may organize experts to conduct evaluation when necessary.

The registration authority shall, within 60 days from the date of accepting the application, make a decision on whether to approve or disapprove the registration.

Article 13 The registration authority shall issue a registration certificate to the representative offices of overseas non-governmental organizations that have been approved for registration, and make an announcement to the public. Registration items include:

(1) name;

(2) domicile;

(3) Business scope;

(4) activity area;

(5) Chief representative;

(6) the competent business unit.

The representative offices of overseas non-governmental organizations shall handle tax registration according to law with their registration certificates, carve seals, open bank accounts in banks in China, and report the copy of tax registration certificates, seal patterns and bank accounts to the registration administration authorities for the record.

Article 14 If a representative office of an overseas non-governmental organization needs to change its registered items, it shall apply to the registration authority for registration of change within 30 days from the date when the competent business unit agrees.

Fifteenth in any of the following circumstances, the representative offices of overseas NGOs shall be cancelled by the registration authority and announced to the public:

(1) The overseas non-governmental organization revokes its representative office;

(2) The overseas non-governmental organization is terminated;

(3) The representative office of an overseas non-governmental organization is deregistered or its registration certificate is revoked according to law;

(4) Termination for other reasons.

After the representative office of an overseas NGO cancels its registration, the overseas NGO that established the representative office shall properly handle the aftermath. The representative offices of overseas non-governmental organizations do not have legal person status, and if relevant legal responsibilities are involved, they shall be borne by overseas non-governmental organizations.

Article 16 If an overseas NGO does not have a representative office in China and conducts temporary activities in China, it shall cooperate with the state organs, people's organizations, institutions and social organizations in China (hereinafter referred to as Chinese cooperative units).

Article 17 When an overseas non-governmental organization carries out temporary activities, the Chinese partner shall go through the examination and approval procedures in accordance with state regulations, and file with the local registration authority fifteen days before the temporary activities are carried out. The following documents and materials shall be submitted for the record:

(1) Documents and materials proving the legal establishment of overseas non-governmental organizations;

(2) A written agreement between the overseas non-governmental organization and the China cooperator;

(three) the name, purpose, area and duration of the temporary activities and other related materials;

(four) the project funds, proof of the source of funds and the bank account of the Chinese partner;

(five) the approval documents of the China partner;

(6) Other documents and materials as prescribed by laws and administrative regulations.

In emergency situations such as emergency rescue and disaster relief, temporary activities are needed, and the filing time is not limited by the provisions of the preceding paragraph.

Temporary activities shall not exceed one year, and if it is really necessary to extend them, they shall be re-filed.

If the registration authority considers that the temporary activities filed are not in conformity with the provisions of Article 5 of this Law, it shall promptly notify the China partner to stop the temporary activities.

Chapter III Standardization of Activities

Article 18 The representative offices of overseas non-governmental organizations shall carry out activities under the registered name within the registered business scope and activity area.

Foreign NGOs are not allowed to set up branches in China, unless otherwise stipulated by the State Council.

Article 19 A representative office of an overseas NGO shall submit its activity plan for the next year to the competent business unit before 65438+February 3 1 every year, including the implementation of the project and the use of funds, and report it to the registration authority within 10 days after the competent business unit agrees. If it is necessary to adjust the activity plan under special circumstances, it shall be filed with the registration authority in a timely manner.

Twentieth overseas non-governmental organizations to carry out activities in China, China cooperation units and beneficiaries may not attach conditions that violate the laws and regulations of China.

Twenty-first overseas non-governmental organizations in China activities include:

(1) Funds from overseas legal sources;

(2) Interest on bank deposits in China;

(3) Other funds lawfully obtained within the territory of China.

Overseas non-governmental organizations shall not obtain or use funds other than those specified in the preceding paragraph.

Overseas NGOs and their representative offices shall not raise funds in China.

Article 22 An overseas non-governmental organization that has established a representative office shall manage the funds used in China through the bank account that the representative office has filed with the registration authority.

Overseas non-governmental organizations engaged in temporary activities shall manage the funds used in China through the bank account of the Chinese partner, and set up separate accounts for special purposes.

Without the bank account specified in the preceding two paragraphs, overseas non-governmental organizations, China cooperation units and individuals may not receive or pay funds for project activities in China in any other form.

Article 23 Overseas non-governmental organizations shall use the funds according to the business scope and activity area registered by the representative office or the agreement with the Chinese partner.

Twenty-fourth representative offices of overseas non-governmental organizations shall implement the unified accounting system in China. Financial and accounting reports shall be audited by accounting firms in China.

Twenty-fifth overseas non-governmental organizations to carry out activities within the territory of China shall handle foreign exchange receipts and payments in accordance with the provisions of China on foreign exchange control.

Twenty-sixth representative offices of overseas non-governmental organizations shall handle tax registration, tax declaration and tax payment according to law.

Twenty-seventh representative offices of overseas non-governmental organizations shall abide by laws and administrative regulations when hiring staff in China, and report the information of the employees to the competent business unit and the registration authority for the record.

Twenty-eighth representative offices of overseas non-governmental organizations and overseas non-governmental organizations engaged in temporary activities shall not develop members in China, unless otherwise stipulated by the State Council.

Article 29 A representative office of an overseas non-governmental organization shall have a chief representative, and may have one to three representatives according to business needs.

In any of the following circumstances, he shall not be the chief representative or representative:

(1) Having no or limited capacity for civil conduct;

(2) Having criminal records;

(3) The chief representative or representative of a representative office has been deregistered or its registration certificate revoked according to law, and less than five years have passed since the date of deregistration or revocation of its registration certificate;

(4) Other circumstances stipulated by laws and administrative regulations.

Thirtieth overseas non-governmental organizations to carry out temporary activities, should carry out activities in the name of filing.

Overseas non-governmental organizations and Chinese cooperative units shall, within 30 days after the end of the temporary activities, submit the activities and the use of funds in writing to the registration authority.

Article 31 The representative offices of overseas non-governmental organizations shall submit the work report of the previous year to the competent business unit before 1 every year, and submit it to the registration authority before 3 1 every year after the opinions of the competent business unit are issued, and accept the annual inspection.

The annual work report shall include the audited financial accounting report, activities carried out and changes in personnel and institutions.

The representative offices of overseas non-governmental organizations shall disclose the annual work report to the public on the unified website of the registration administration organ.

Article 32 No unit or individual in China may accept the entrustment or funding from unregistered representative offices or overseas non-governmental organizations that carry out temporary activities without filing, and may not act as an agent or disguised agent for overseas non-governmental organizations to carry out activities in China.

Chapter IV Convenience Measures

Article 33 The State guarantees and supports overseas non-governmental organizations to carry out activities in China according to law. The relevant departments of the people's governments at all levels shall provide necessary facilities and services for overseas NGOs to carry out activities in China according to law.

Article 34 The public security department of the State Council and the public security organ of the provincial people's government shall, jointly with relevant departments, draw up a list of activities and projects of overseas non-governmental organizations, publish a list of competent business units, and provide guidance for overseas non-governmental organizations to carry out their activities.

Article 35 The relevant departments of the people's governments at or above the county level shall provide policy consultation and activity guidance services for overseas NGOs according to law.

The registration authority shall publish the procedures for overseas non-governmental organizations to apply for the establishment of representative offices and carry out temporary activities for filing through a unified website for overseas non-governmental organizations to inquire.

Thirty-sixth representative offices of overseas NGOs enjoy preferential tax policies according to law.

Thirty-seventh overseas representative offices of non-governmental organizations shall not be charged for annual inspection.

Article 38 The chief representative of a representative office of an overseas non-governmental organization and the overseas personnel among the representatives may go through the employment formalities according to law with the registration certificate and representative certification documents.

Chapter V Supervision and Administration

Thirty-ninth overseas non-governmental organizations to carry out activities in China shall accept the supervision and management of public security organs, relevant departments and competent business units.

Article 40 The competent business unit is responsible for giving opinions on the establishment of representative offices, change of registration items and annual work reports of overseas NGOs, guiding and supervising overseas NGOs and their representative offices to carry out activities according to law, and assisting public security organs and other departments to investigate and deal with illegal acts of overseas NGOs and their representative offices.

Article 41 Public security organs shall be responsible for the registration and annual inspection of representative offices of overseas NGOs, the filing of temporary activities of overseas NGOs, and the investigation and punishment of illegal acts of overseas NGOs and their representative offices.

When the public security organs perform their duties of supervision and management and discover acts suspected of violating the provisions of this Law, they may take the following measures according to law:

(1) Interviewing the chief representatives and other responsible persons of the representative offices of overseas NGOs;

(two) to enter the residence and activity place of overseas non-governmental organizations in China for on-site inspection;

(3) Asking the units and individuals related to the investigated events and asking them to explain the matters related to the investigated events;

(four) to consult and copy the documents and materials related to the incident under investigation, and to seal up the documents and materials that may be transferred, destroyed, concealed or tampered with;

(five) to seal up or detain places, facilities or property suspected of illegal activities.

Forty-second public security organs can inquire about the bank accounts of units and individuals related to the incident under investigation, and relevant financial institutions and financial supervision and regulation institutions should cooperate. With the approval of the person in charge of the public security organ of the people's government at or above the municipal level, the people's court may be requested to freeze the funds suspected of illegal activities in the bank account according to law; The funds suspected of committing crimes in bank accounts shall be frozen in accordance with the provisions of the Criminal Procedure Law of People's Republic of China (PRC).

Article 43 The departments of national security, foreign affairs, finance, financial supervision and management, customs, taxation and foreign experts shall, according to their respective functions and duties, supervise and manage overseas non-governmental organizations and their representative offices according to law.

Article 44 The administrative department in charge of anti-money laundering in the State Council shall supervise and manage the compliance with anti-money laundering and anti-terrorist financing laws and regulations by the representative offices of overseas NGOs, Chinese cooperative units and domestic units and individuals receiving funds from overseas NGOs in the process of opening and using bank accounts.

Chapter VI Legal Liability

Article 45 In case of any of the following circumstances, the representative offices of overseas NGOs, overseas NGOs carrying out temporary activities or China cooperation units, the public security organs of the people's governments at or above the municipal level with districts shall give a warning or order them to stop their activities within a time limit; Confiscation of illegal property and illegal income; If the circumstances are serious, the registration certificate shall be revoked by the registration authority and temporary activities shall be prohibited:

(1) Failing to handle the registration and filing of changes in accordance with the provisions;

(2) failing to carry out activities in accordance with the registered or filed name, business scope and activity area;

(3) engaging in or subsidizing profit-making activities, collecting donations or developing members in violation of regulations;

(four) in violation of the provisions of the purchase and use of funds, not in accordance with the provisions of the opening and use of bank accounts or accounting;

(five) failing to submit the annual activity plan, submit or disclose the annual work report in accordance with the provisions;

(6) refusing or failing to accept supervision and inspection in accordance with regulations.

A representative office of an overseas non-governmental organization, an overseas non-governmental organization engaged in temporary activities or a Chinese partner who obtains the registration certificate of a representative office or records temporary activities by illegal means such as providing false materials, or forges, alters, buys, sells, rents or lends the registration certificate or seal, shall be punished in accordance with the provisions of the preceding paragraph.

Forty-sixth any of the following circumstances, the public security organs of the people's governments at or above the city shall be banned or ordered to stop the illegal act; Confiscation of illegal property and illegal income; Give a warning to the person directly responsible, and if the circumstances are serious, be detained for not more than ten days:

(a) without registration or filing, to carry out activities in the name of overseas non-governmental organizations or representative offices of overseas non-governmental organizations;

(2) The representative office of an overseas non-governmental organization has been deregistered, its registration certificate has been revoked or it has been deregistered, and activities are carried out in its name;

(3) The overseas non-governmental organizations carry out activities in China after the expiration of the temporary activities, or the temporary activities are prohibited;

(4) Overseas non-governmental organizations entrust or fund domestic units and individuals to carry out activities in China without the registration of representative offices or the filing of temporary activities.

Domestic units and individuals who knowingly cooperate with the representative offices of overseas non-governmental organizations without registration or temporary activities without filing, or accept their entrustment, funding, agency or disguised agent to carry out activities, collect and pay project activities funds shall be punished in accordance with the provisions of the preceding paragraph.

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