Keyword: Governance

Awareness of Charity Law’s provisions still lagging behind, says scholar

A reporter for China Society News recently interviewed Wang Ming, the dean of Tsinghua University’s China Philanthropy Research Institute, about the popularization of China’s Charity Law. When asked what the current status is regarding the Charity Law, Wang Ming replied that even though there have been a number of revisions to portions of the law and even though numerous media outlets have reported on it, the current level of public awareness on the law is not ideal. He believes that this is due to a number of reasons. One reason is insufficient coverage of meetings regarding the registration process by the Civil Administration Departments. Reporting on the Charity Law was …read more

Charity Law amendment proposed during China's

Charity Law amendment proposed during China’s “Two Sessions”

Every March Beijing plays host to the so-called “Two Sessions,” the joint plenary sessions of the National People’s Congress (NPC) and the Chinese People’s Political Consultative Conference (CPPCC). During this year’s opening meeting of the NPC, many proposals were put forth on how to improve public welfare policies, including a proposed amendment to the Charity Law. Below are some of the more interesting proposals: – An amendment to the Charity Law proposed by a deputy named Wang Ming aims at creating tax deductions for NGOs while also proposing a re-evaluation of the asset value maintenance of NGOs, along with an increase in tax exemptions for philanthropic organizations. – Deputy Li …read more

How does one Wrap up a 370 Million Yuan Environmental Public Interest Lawsuit?

How does one Wrap up a 370 Million Yuan Environmental Public Interest Lawsuit?

This article discusses the recent failure of an environmental public interest lawsuit initiated by two Chinese NGOs against some polluting companies in Changzhou, Jiangsu Province. There are fears that the ruling against the two NGOs, that will now be forced to pay heavy legal expenses, may discourage other such lawsuits in the future.

Standing Committee of the NPC states that Luo Er incident was illegal covert fundraising

In November 2016, the Luo Er Incident sparked widespread debate and controversy online after a Shenzhen man used social media to raise a large amount of money for his daughter’s medical treatment. In light of the controversial case, many are asking how the guidelines set forth in last year’s Charity Law will play out in cases like Luo Er’s. The Legal Committee of the National People’s Congress’s Standing Committee announced on February 26th that “according to the guidelines of the Charity Law, individuals are not qualified to publicly fundraise and that we cannot allow those who are fulfilling personal objectives to damage the system all in the name of goodwill.” The …read more

Charity Law tax clause to increase tax exemption quota on donations

A revised amendment of the “Law of the PRC on Enterprise Income Tax” is set to change the rules for organizations’ charitable giving and the related tax deductions. China’s Minister of Finance, Xiao Jie, has explained that current laws regulate that only when enterprises make charitable contributions that fall within 12% of their annual net-profits are they allowed to be counted as deductions to taxable income. According to those familiar with the Charity Law, before the law was passed charitable expenditures exceeding 12% of an enterprise’s annual net-profit were not counted as deductible from that year’s taxable income. In addition, before the Charity Law there was no such thing as …read more

National Tax Bureau releases announcement on tax registration for overseas NGOs

The Central Office of China’s National Tax Bureau recently published an announcement informing overseas NGOs about how to pay their taxes. Below is CDB’s translation.    The National Tax Bureau Central Office’s announcement regarding Overseas NGO Representative Offices’ Tax Bureaus registering work-related conduct   (To) every province, autonomous region, provincial level city, and cities specifically designated in the state plan’s National Tax Bureau and Regional Tax Bureaus: In order to further fulfil the “PRC’s Overseas NGO Domestic Activities Management Law,” overseas NGOs that rely on registration credentials shall conduct tax registration as required by the law. The current notification to overseas NGO offices regarding tax processing registration is as follows: …read more

What were the New Patterns and Visions for Chinese Charity in 2016?

What were the New Patterns and Visions for Chinese Charity in 2016?

Our translation of the speech by Wang Xingzui, Executive Vice-President of the China Foundation for Poverty Alleviation, at a forum for charitable foundations in Shanghai.

First six overseas NGOs successfully register in Shanghai

First six overseas NGOs successfully register in Shanghai

The first six overseas NGOs have received registration certificates for their Shanghai representative offices, and the Shanghai Public Security Bureau held a certificate-awarding ceremony on Tuesday. The six NGOs in question are the Shanghai offices of Project HOPE, the Hong Kong Yin Shin Leung Charitable Foundation Ltd, the US-China Business Council, the Canada-China Business Council, the Chamber of Commerce and Industry of the Russian Federation and the Confederation of Indian Industry. A list of the six overseas NGO Photo credit to Kankanews of Shanghai Media Group. Zhengjin, a representative of the Shanghai Municipal Commission of Health and Family Planning, the professional supervisory unit of the Project HOPE Shanghai Representative Offices, …read more

First batch of NGOs receives registration credentials in Guangdong

First batch of NGOs receives registration credentials in Guangdong

On the morning of January 19, the Guangdong Public Security Bureau held a small ceremony in Guangzhou to award the first batch of registration credentials to overseas NGOs in Guangdong. The registration credentials are in conjunction with the “Overseas NGO Law” that came into effect at the beginning of January. The Chinese General Chamber of Commerce, a Hong Kong-based organization, is among the six overseas NGOs that were awarded credentials at the ceremony.

Zhu Jiangang: community foundations are the promoters of a community agenda

Zhu Jiangang: community foundations are the promoters of a community agenda

In this translated interview Zhu Jiangang, the general secretary and vice-president of the Guangdong Harmony Foundation, discusses the development of community foundations in China.

Beijing Overseas NGO Supervisory Unit List

Beijing Overseas NGO Supervisory Unit List

The Beijing Public Security Bureau has just released the list of supervisory units for overseas NGOs based in Beijing. The list contains the addresses, phone numbers and websites of the supervisory units in all different fields. Here is CDB’s English translation.

Five public interest litigation precedents published by the Supreme People’s Procuratorate

Five public interest litigation precedents published by the Supreme People’s Procuratorate

Public interest litigation initiated by procuratorates has become a new frontier for procuratorates to exercise their judicial supervision authority, and this issue has received heightened attention from all sections of society. After one and a half years’ piloting, on January 4 the Supreme Procuratorate published five public interest litigation guiding precedents. Exploring the establishment of a public interest litigation system by the procuratorates was proposed during the fourth plenary session of the 18th CPC Central Committee. On July 1 2015, a resolution was passed by the 15th session of the Standing Committee of the 12th National People’s Congress that authorized the Supreme Procuratorate to spearhead a two-year program piloting public interest litigation in the …read more

China’s first environmental protection tax law expected to take effect in 2018

The PRC Environmental Protection Tax Law was passed during the 25th session of the 12th National People’s Congress (NPC) Standing Committee on December 25, and will come into effect on January 1, 2018. The environmental protection tax law is the first single category tax law passed by the NPC’s Standing Committee. It is also China’s first “green tax law”, with the expressed purpose of promoting environmental protection. The Law contains five chapters and 28 articles, including general provisions, taxation basis and payable tax rates, tax relief, taxation management and supplementary provisions. The general concept of the tax law is to shift from “fees” towards “taxes”, that is to turn the system of …read more

The “Charity Law” and the Recognition of Charitable Organizations

The “Charity Law” and the Recognition of Charitable Organizations

Since being officially implemented in September, China’s new Charity Law has had a great impact on the philanthropic sector. This article from the China Philanthropy Times describes some of the difficulties that have beset the law’s implementation over the last few months, particularly in the area of the official recognition of charity organisations.

The Ministry of Public Security provides clarifications on the Overseas NGO Law

The Ministry of Public Security provides clarifications on the Overseas NGO Law

A briefing was held by the Ministry of Public Security (MPS) and the Shanghai Municipal Public Security Bureau in Shanghai last Tuesday (November 8th), in order to inform various consulate generals of the preparatory work for the implementation of the PRC’s law on the Management of the Activities of Overseas NGOs within Mainland China. Some outstanding issues were addressed during the briefing, including whether there can be a “transitional period” or a “period of grace” after the law is implemented, if overseas NGOs can conduct activities in different regions and how to determine the competent agency when an overseas NGO works in different fields. Regarding the question of whether there …read more

A Philanthropic Society: China's Future

A Philanthropic Society: China’s Future

Renowned Chinese academic Li Xiaoyun reflects upon the impressive popularity and reach of charities in American society, and considers what China could learn from the United States as it tries to become a philanthropic society.

Female cook wins lawsuit over gender discrimination in Guangzhou

Female cook wins lawsuit over gender discrimination in Guangzhou

Last Tuesday a chain of restaurants that refused to hire a female cook was found guilty of gender discrimination, fined 2000 Yuan for “spiritual damages” and required to issue a written apology. Gao Xiao (a pseudonym) was rejected when applying for a job as a trainee cook at a seafood restaurant in Guangzhou, on account of being a woman. The young woman then sued the Guangdong Huishijia Economic Development Company, which owns the restaurant, for gender discrimination in August last year. In June last year Gao Xiao saw the advertisement for a trainee cook on a job-hunting website and thought she would be eligible for it, being qualified as a senior cook of …read more

China’s first ever public interest administrative litigation takes place

Half a year after the People’s Procuratorate of Qingyun county, Shandong province, decided to take legal action against the local Environmental Protection Bureau, the local court has pronounced the defendant guilty in the first instance judgment. The lawsuit has drawn much attention because it is the first ever public interest administrative litigation to take place since the start of a pilot program in which the Standing Committee of the National People’s Congress empowered procuratorates to carry out such litigations. In October 2014, a chemical company named Qingshun was reported by local residents. The procuratorate then found out that the company had illegally produced 120,000 tons of dyestuff (mainly Amino-C Acids) per year …read more