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  ANTHONY J. SPIRES

Resources for Insight into INGO Law

1/4/2018

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The latest information available on the INGO Law's implementation status is available online. For the Chinese official statistics on what organisations and projects have been registered (and where), see the PRC Ministry of Public Security website (in Chinese).

For analysis and an English-language database of implementation statistics, plus implementation measures adopted in various parts of the country, see The China NGO Project, an excellent resource produced by ChinaFile. 
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Feedback on the INGO Law - Sept. 20, 2016

9/20/2016

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Drawing upon several rounds of focus groups, interviews, and a small online survey, today I'm circulating a brief “summary of concerns” and feedback on China’s New INGO Law, in Chinese and in English. I’m circulating this now in hopes that policymakers/officials in Beijing will take INGOs’ views into consideration as they develop more detailed implementation guidelines. As I note in the documents, this summary does not (and cannot) reflect every organization’s specific situation nor should it be taken to mean that everyone agrees on every point. I hope, rather, that the general picture I’ve presented helps stimulate enough interest to open up a conversation between the government and concerned parties.

If you find the summary helpful, feel free to pass it along to others who may be interested.

The documents are downloadable as:

China's New INGO Law - A Brief Summary of Concerns (PDF, in English)
关于《中华人民共和国境外非政府组织境内活动管理法》的意见反馈.pdf (PDF, in Chinese)
关于《中华人民共和国境外非政府组织境内活动管理法》的意见反馈.docx (Word doc, in Chinese)


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INGOs in China Survey - August 2016

8/9/2016

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INGOs in China Survey – Invitation
 
Greetings from Prof. Anthony J. Spires at the Chinese University of Hong Kong, Department of Sociology and Centre for Social Innovation Studies. Today I am launching a survey of INGOs with activities in China and would like to invite your organization to participate. The survey’s goal is to shed light on the potential implications of China’s new INGO Law. As you may know, the law aims to regulate all foreign non-profit, non-governmental activities in mainland China and will take effect on January 1, 2017. (The Chinese original version of the law is online at: http://news.xinhuanet.com/legal/2016-04/29/c_1118765888.htm A bilingual (English-Chinese) translation of the law can be found at: http://chinadevelopmentbrief.cn/wp-content/uploads/2016/05/Law-on-Management-of-Activities-of-Overseas-NGOs-CDB-Translation-.pdf). The law applies to all non-mainland non-profits, including those from Hong Kong, Macau, Taiwan, and other places. As the law’s Implementation Guidelines are still being developed, I hope that this survey can help facilitate a more informed and constructive dialog between policymakers and affected organizations. The survey asks about: 1) your general organizational operations; 2) your China-related programming; and 3) your thoughts on China’s new INGO Law. Ideally, the respondent from each organization should be the Executive Director, Country Director, or someone in a similar position of leadership for your China work.
 
Please rest assured that all responses will be held in the strictest confidence. Results of the survey and any remarks made will not be attributed to you or your organization by name. Please submit only one completed survey per organization. Entities that are part of a larger group, such as an academic center at a university or a Hong Kong branch of a larger INGO, may complete the survey as if they were distinct organizations. While all questions are optional, a fully completed survey will allow for a more thorough understanding of the situation of INGOs in China.
 
By August 24, 2016, please visit https://www.surveymonkey.com/r/INGOsinChina816 to complete the survey. If you are interested in the survey results, I would be happy to send you an aggregated report after the analysis is completed.
 
Thank you for your willingness to participate in the survey. I hope that together we can promote informed discussion about the environment for INGOs in mainland China.

​
境外非政府組織問卷調查 問卷邀請函及說明
 
境外非政府組織問卷調查由香港中文大學社會學系副教授、社會創新研究中心主任安子杰發起。安子杰教授長期關注中國非營利組織和慈善部門發展,此次問卷調查誠邀在中國大陸開展活動的境外非政府組織參與,旨在瞭解新頒布的《中華人民共和國境外非政府組織境內活動管理法》(以下簡稱“境外非政府組織管理法”)的潛在影響。境外非政府組織管理法立法目的在於管理所有境外非營利、非政府組織在中國大陸開展的活動,此項法律將於2017年1月1日正式生效(該項法律的中文版本請參見:http://news.xinhuanet.com/legal/2016-04/29/c_1118765888.htm;中英對照版本請參見:http://chinadevelopmentbrief.cn/wp-content/uploads/2016/05/Law-on-Management-of-Activities-of-Overseas-NGOs-CDB-Translation-.pdf)。此項法律適用於所有中國大陸以外的非營利組織,包括港澳臺以及其他國家與地區的相關組織。目前,境外非政府組織管理法的執行細則仍處於擬定中,此次問卷調查亦希望能夠推動政策制定者與相關組織之間進行更具建設性的對話。
本次問卷調查關注如下主題:1)貴組織的整體運作情況;2)貴組織在中國大陸開展的項目或活動情況;3)貴組織對境外非政府組織管理法的相關觀點。我們誠邀每個組織的執行董事,區域負責人,或者中國項目的負責人參與此次問卷填寫。

我們將對貴組織提供的所有信息絕對保密,問卷結果及注釋不會包含相關組織及負責人的名稱信息。請每個組織僅提交一份完整填寫的問卷。如果貴組織在其從屬組織中屬於獨立運營的分支機構(如高校的研究中心,國際非政府組織的香港分支等)亦可參與此次問卷調查。此次問卷調查尊重應答者的填寫意願,惟問卷填寫得越完整越有助於增進我們對境外非政府組織在中國大陸運作情況的了解。
請貴組織的相關負責人于2016年8月24日之前,登錄以下網址 https://www.surveymonkey.com/r/INGOsinChina816 填寫問卷。如果貴組織對後續問卷調查結果感興趣,我們將在問卷分析工作完成後,與您分享總結報告。

​再次感謝貴組織對此次問卷調查的參與和支持,希望我們能夠與您共同推進非政府組織在中國大陸運作發展的相關議題的有益對話。

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Draft INGO Law Summary of Comments and Suggestions (In English)

5/22/2015

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Some kind folks at the China Development Brief helped translate the Summary of Comments and Suggestions on the Draft INGO Law.  Click here for the English version on their website.
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INGOs in China and the Proposed Overseas NGO Law

5/15/2015

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With support from the Hong Kong Research Grants Council, since 2013 I’ve been studying international NGOs that operate programs in China, in particular the ways in which these organizations navigate China’s challenging political terrain.

On Dec. 22, 2014, the Chinese government released a first draft of a proposed law to regulate all overseas NGOs with operations in China (境外非政府组织管理法), including NGOs based in Hong Kong, Macau, and Taiwan. In response to requests from several INGOs, in late March I organized a focus group with a number of organizations who were concerned about how the proposed law would affect them. In early May 2015, a second, slightly updated draft was released for public comment. That same week, I convened another focus group of mostly HK-based organizations together with several mainland Chinese scholars and government officials.  A Chinese-language summary of comments and views on the proposed law expressed in these focus groups and other one-on-one interviews can be downloaded via the link below. This document is meant to provide Chinese policymakers with points for consideration as they contemplate further revisions to the proposed law.

Click here for the Summary of Comments and Suggestions (in Chinese only).

For reference, the second draft of the proposed law is available in Chinese on the website of the National People’s Congress at: http://www.npc.gov.cn/npc/xinwen/lfgz/flca/2015-05/05/content_1935666.htm   A PDF version is also downloadable by clicking here.

An English translation of the proposed law is available on the website of the China Development Brief at: http://chinadevelopmentbrief.cn/articles/cdb-english-translation-of-the-overseas-ngo-management-law-second-draft/

The deadline for public comment on the proposed law is the 4th day of June, 2015. Comments (presumably only in Chinese) can be made via the Chinese State Council’s website at: http://www.npc.gov.cn/COBRS_LFYJNEW/user/UserIndex.jsp?ID=6690583

It is expected that the law will go through a ‘third reading’ in Beijing sometime after the June deadline and (perhaps) be promulgated before the end of 2015.

In due course, I aim to produce a more comprehensive and sociologically informed academic publication on the broader subject of INGOs in China. Given the urgency of the current situation, however, at this point I simply want to offer a reflection of the concerns and questions raised by practitioners who will be impacted by the proposed law. This is not meant to be a consensus document, nor is it informed by any particular political strategy. It is, rather, a reflection the of concerns, questions, and suggestions posed by a diverse group of INGOs that do work in mainland China. In addition to several mainland Chinese scholars and officials, representatives of over a dozen INGOs and a number of philanthropic foundations took part in these discussions.  
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