By Huang Jianwen King & Wood Mallesons’ Investment Group

Although China has experienced rapid growth in the numbers of foreign non-governmental organizations (“NGOs”) carrying out activities within its borders in the past 10 years, foreign NGOs have remained loosely and ambiguously regulated in China. For example, as for the establishment of representative offices by foreign NGOs in China, currently only the Regulation for the Administration of Foundations provides the legal basis for foreign foundations to establish representative offices in China. There are no unified laws and regulations at the national level governing the establishment of representative offices or carrying out activities by the other foreign NGOs except for foreign foundations. This brings doubt and difficulty for many foreign NGOs carrying out activities in China.

The latest draft of the Foreign NGO Management Law (Second Draft) (the “Foreign NGO Draft Law”) can be seen as a preliminary attempt by PRC regulators to introduce more transparency and regulatory oversight to the often nebulous world of international NGOs operating in China. The Legal Affairs Committee of the Standing Committee of the National People’s Congress opened the Foreign NGO Draft Law to public comments, including those from foreign NGOs, on May 5, 2015.
Continue Reading Highlights of the Foreign NGO Management Law (Second Draft)