Summary:

China’s “Law on Administration of Activities of Overseas Nongovernmental Organizations in the Mainland of China (FNGO Law)”, which was passed on 29 April 2016 as reported in previous SIEM news, officially came into effect on 1 January 2017. According to the Law, all non-profit, non-governmental overseas organisations (FNGO) headquartered outside of mainland China must register their offices or activities with the Ministry of Public Security (MPS) to continue legally operating in China. Some activities of UK educational institutions in China are covered under this law, as explained below.

Coverage of educational institutions

Article 53 of the Law states that the activities of schools, hospitals, natural sciences and engineering technology research institutes, or academic organisations whose headquarters are registered as non-profit, non-governmental organisations overseas would not be included under the law when working with Chinese equivalent institutions.

However, the MPS also states that the activities of such institutions would come under the law if they were working with non-equivalent organisations, e.g. a UK university collaborating with a Chinese museum. The activities of organisations operating independently within universities e.g. think tanks would also be included under the law, as long as their status is non-governmental and non-profit.  We advise UK institutions to first check directly with their respective Chinese partners on implications and if registration is required.   

The Foreign & Commonwealth Office website has added a new section on Foreign NGOs on the ‘Living in China’ page (https://www.gov.uk/guidance/living-in-china). If any further clarification is required, please contact vlr-enquiry@fco.gov.uk for more information. 

Sources:

1. The Official English Translation of the Law on Administration of Activities of Overseas Nongovernmental Organizations in the Mainland of China (FNGO Law): http://www.mps.gov.cn/n2254314/n2254409/n4904353/c5548987/content.html; Chinese: http://www.mps.gov.cn/n2254314/n2254409/n4904353/c5282857/content.html

2. The Catalogue of Areas of Work and Projects for Foreign NGOs with Activities in China, and Directory of Professional Supervisory Units (Chinese): http://www.mps.gov.cn/n2254314/n2254409/n4904353/c5579013/content.html

3. The Online Registration Service Portal of the MPS: http://ngo.mps.gov.cn/ngo/portal/index.do

4. The Official English Translation of the Guide for the Registration of Representative Offices and Submitting Documents for the Record Temporary Activities of Overseas Nongovernmental Organizations (registration guideline): http://www.mps.gov.cn/n2254314/n2254409/n4904353/c5587463/content.html; Chinese: http://www.mps.gov.cn/n2254314/n2254409/n4904353/c5556625/content.html