Council on Foundations and ICNL hold conference call on overseas NGO law
On Wednesday last week, the Council on Foundations and the International Center for Not-for-Profit Law (ICNL) organized a conference call on China’s Draft Law on Management of Overseas NGOs. Over 130 people joined the call, which discussed how the proposed legislation would impact US organisations running projects in China. Several experts took part in the call including Professor Mark Sidel, Doyle-Bascom Professor of Law and Public Affairs at the University of Wisconsin-Madison, as well as staff members of US foundations and the Council of Foundations. The Council on Foundations is preparing its comments on the legislation which will be submitted to the legislating authorities before the deadline. Both the ICNL and the Council on Foundations advise that …read more
CDB English Translation of The Overseas NGO Management Law (Second Draft)
CDB has translated the second draft of the Overseas NGO Management Law, which has just been released for public consultation
Draft overseas NGO law released online for public consultation
The second draft of the law that will bring sweeping new regulations to cover the activities of foreign NGOs in China has been put on the NPC website for public consultation. The “People’s Republic of China Foreign NGO Management Law (Draft Second Draft)”, which emerged out of discussions at the 14th session of the 12th National People’s Congress (NPC) Standing Committee, is displayed on the website in full. Comments about the draft can be made via the NPC website or by posting to the address listed below. The deadline for comments is the 4th June.
Draft ‘Measures for Public Participation in Environmental Protection’ released to solicit public opinion
As China’s air pollution continues to worsen, the “Measures for Public Participation in Environmental Protection (Provisional)” (Opinion-soliciting Draft), released by the Ministry of Environmental Protection on April 13, has become a center of public attention. According to the Ministry of Environmental Protection, the draft was put forward to implement the provisions of the revised “Environmental Protection Law” special chapter on information disclosure and public participation, and to advance the orderly development of public participation. The draft is the first comprehensive document on public participation released by the Ministry of Environmental Protection. It emphasizes the role of environmental departments in environmental protection activities, and places great importance on public hearings before making …read more
China’s pollution hotline received more than a hundred complaints in November
There were 141 complaints filed in November, 2014 via the tip-off hotline 12369, 114 of which were verified, said China’s Ministry of Environmental Protection (MEP) in a circular Wednesday. According to the ministry’s tally, the chemical industry received the most complaints of any sector, 39 tip-offs in total. It was followed by manufacturing and processing with 24 tip-offs and non-metal mineral product with 19 tip-offs. The four provinces received the most complaints were: Hubei(16), Guangdong(14), Shangdong(13), Henan(13). Air pollution was the number one cause of complaints, followed by sound and water pollution. Even though all the verified cases have been dealt with by local departments of environmental protection according to …read more
Zhou Qiang: threshold for environmental lawsuits will be lowered
The Supreme Court encourages environmental organizations to bring public interest lawsuits, and it will lower the threshold for such lawsuits, Zhou Qiang, chief justice and president of China’s highest court, said during the 2015 Boao Forum for Asia. Zhou also said that the Supreme Court will try its best to put an end to government intervention in environmental protection lawsuits. “The inclusion of public interest lawsuits in the environmental law was a great breakthrough in terms of environmental protection legislation. Bringing public interest lawsuits is not only a great way for the public to participate in the cause of environmental protection, it’s also beneficial to the advancement of judicial democracy” …read more
Thinking Strategically: An Interview with Huang Haoming, Executive Director of CANGO
An interview with Huang Haoming, Executive Director of CANGO, as part of the “Thinking Strategically about Civil Society Assistance in China” project
Charity law set to be reviewed by the NPC this year
The opinion-soliciting draft of the Charity Law [慈善事业法草案征求意见稿] was prepared in February and is ready to be reviewed by the National People’s Congress (NPC) at the end of this year, said Wang Shengming, director of the Committee for Internal and Judicial Affairs of the NPC, during a press conference for the third session of China’s 12th NPC. The draft addresses in detail the management of charitable assets and the disclosure of information. Wang said at the press conference that there are two reasons why China’s charitable donations, compared to its GDP, are relatively small: Firstly, China’s traditional definition of charity was restricted to the areas of poverty alleviation and disaster relief even …read more
New regulation encourages private investment in elderly care sector
The Ministry of Civil Affairs published a new law on its website on February 25, 2015, titled “Notice on Opinions upon Encouraging Private Capital to Invest in Elderly Care Industry”(关于鼓励民间资本参与养老服务业发展的实施意见). It was issued by the Ministry of Civil Affairs, together with nine other government departments. According to the document, the government will encourage private investment in the elderly care service industry to help with its aging population. Non-governmental investors are encouraged to run elderly care facilities, including nursing homes and recreational centers. They can also cooperate with the government to form joint ventures to build and develop facilities for senior citizens.Tax incentives, favorable land-use policies, and other preferential policies for elderly …read more
Interview with Tony Saich: Philanthropy, Governance, and Future Challenges
This article contains the remaining parts of an interview with Tony Saich of the Harvard Kennedy School, in which Professor Saich talks about governance, international partnerships, China’s new philanthropy, and future challenges facing China’s development.
The top 10 Chinese public welfare news stories of 2014
2014 was a busy year for the public welfare sector in China. Message, changes, and trends emerging from government agencies, grassroots NGOs, and society all made significant impacts on the development of the sector. Below are the top 10 public welfare events in 2014 as chosen by the China Philanthropy Times (公益时报). The results are based on in-depth online survey and advice from related media, experts, and NGO leaders: 1. Political and Policy Making: “Guiding Opinions of the State Council on the Healthy Development of the Public Welfare Sector” by the State Council (国务院《关于促进慈善事业健康发展的指导意见》) The Opinions, published in December 2014, is the first document enacted by the central government [Editors note: as opposed to laws, …read more
Number of open government information lawsuits increases in Guangdong
Recently, the Guangdong High People’s Court published the statistics for administrative cases brought against government for disclosure of informations. The data show that, compared to the previous year, the number of cases accepted by local courts increased by 73% in 2013, and 39% in 2014.
More than 700 CSOs now able to bring environmental lawsuits
The recent Interpretation of the Supreme People’s Court on Certain Issues Concerning the Application of laws in Environmental Civil Public Interest Cases (最高人民法院关于审理环境民事公益诉讼案件适用法律若干问题的解释), made public on Jan. 6, 2015, stipulates that social organizations, private non-enterprise units, foundations, and other organizations registered with local departments of civil affairs at or above city(with districts) levels may bring lawsuits against activities causing environmental pollution, disrupting the ecological system or harming public interests. According to Sun Jun, the spokesman for the Supreme People’s Court, the three traditional types of civil society organization are not the only ones qualified to bring such lawsuits, the Interpretation leaves room for “other organizations” in order to give similar …read more
Chi Fulin: Return “social organisations” to society
In this article, Chi Fulin, head of the China Institute for Reform and Development (CIRD), writes that the development of social organizations has aroused independent society and widespread participation but there is still the need to construct an appropriate system. For Chi, social organizations can provide a link between government and individuals, develop societal life, public morals, and altruism. Chi suggests five aspects of social governance that social organizations should provide. Firstly, social service providers should be able to effectively receive public service. Secondly, participants in social management should actively promote public governance. Thirdly, spokespeople for public causes should realistically represent the aspirations of the masses. Fourthly, those who safeguard …read more
Eliminating certain NGOs’ privileges
This article deals with government departments establishing NGOs. For the author, this creates problems in terms of NGOs using government influence to hold on to money, reform bonuses and increases the burden on both grass-roots and enterprises.
China launches new plan for children development in impoverished areas
On January 15th, 2015, the State Council published the «Plan for the development of children in impoverished areas 2014 – 2020» that should benefit 40 million children. The plan aims at bringing the living conditions of these children up to national standards.
Charitable organizations must disclose their funding situation once every three months
Guo Yuqiang, deputy director of the department in charge of public welfare and charitable foundations at the Ministry of Civil Affairs, stated that charitable organizations must disclose their funding situation once every three months.