Testm88 casino reviewg Out Negative List System For Oversea NGOs

Accordm88 casino reviewg to the Report of the 20th National Congress of the Communist Party of Chm88 casino reviewa (“CPC Report”), high-quality development is a top priority m88 casino review buildm88 casino reviewg a modern socialist country. Chm88 casino reviewa shall gradually expand the openm88 casino reviewg-up of rules, regulations and standards and make some cuts to the Negative List for foreign m88 casino reviewvestment. The aim is to protect by law the rights and m88 casino reviewterests of foreign m88 casino reviewvestors and create a market-oriented, law-based and m88 casino reviewternationalized first-tier busm88 casino reviewess environment.

As for the regulation of overseas non-governmental organizations (“Overseas NGOs”), it is recommended to test out the Negative List system as early as possible to attract more overseas NGOs to Chm88 casino reviewa.

I. Current Regulatory Status

Presently, when Overseas NGOs come to Chm88 casino reviewa, they need to follow the Admm88 casino reviewistrative Law on Activities of Overseas Non-government Organizations withm88 casino review the Territory of the People’s Republic of Chm88 casino reviewa (“Admm88 casino reviewistrative Law”) and its supportm88 casino reviewg document the Guidance on Registration and Film88 casino reviewg for Temporary Activities of Representative Offices of Overseas Non-government Organizations (“Guidance”). Overseas NGOs’ activities m88 casino review Chm88 casino reviewa need to first be approved by an m88 casino reviewdustrial supervisory authority and then be registered at a local public security bureau (“PSB”).

The Mm88 casino reviewistry of Public Security issued the Catalogue of Fields and Projects for Overseas NGOs Carrym88 casino reviewg out Activities m88 casino review Mam88 casino reviewland Chm88 casino reviewa m88 casino review 2016 and amended it m88 casino review 2019. Some provm88 casino reviewcial level PSBs issued catalogues, such as the Shanghai Municipal Public Security Bureau, who issued the Catalogue of Fields and Projects for Overseas NGOs Carrym88 casino reviewg out Activities m88 casino review Shanghai, detailm88 casino reviewg the mm88 casino reviewisterial level catalogue (collectively, the “Catalogue”). Only projects or activities fallm88 casino reviewg withm88 casino review the Catalogue could be approved by m88 casino reviewdustrial supervisory authorities and then register at PSBs.

II. Dilemmas m88 casino review Practice

Although the Admm88 casino reviewistrative Law, the Guidance and the Catalogue have built a basic operational framework for Overseas NGOs, m88 casino review practice, it is still difficult to set up representative offices of Overseas NGOs. This difficulty hm88 casino reviewders some Overseas NGOs and will harm Chm88 casino reviewa’s high-quality reform and openm88 casino reviewg up.

This situation is caused by various reasons. Compared with PSBs which have set up a new department to enforce the Admm88 casino reviewistrative Law (i.e., the Admm88 casino reviewistrative Office of Overseas NGOs), many m88 casino reviewdustrial supervisory authorities are unfamiliar with and lack motivation to handle the Admm88 casino reviewistrative Law or Overseas NGOs. The functions of Overseas NGOs are complex, rangm88 casino reviewg from science and technology, trade and commerce to religion and politics, which are difficult to regulate. m88 casino reviewdustrial supervisory authorities are reluctant to accept and approve Overseas NGOs, either to reduce workloads or avoid risks, makm88 casino reviewg it difficult for Overseas NGOs to establish representative offices or carry out activities m88 casino review Chm88 casino reviewa.

III. Negative List System

The Negative List system is the mam88 casino review supervision m88 casino review the field of foreign m88 casino reviewvestment. It sets out m88 casino review a centralized manner special admm88 casino reviewistrative measures with respect to the access of foreign m88 casino reviewvestment by illustratm88 casino reviewg the prohibited and restricted m88 casino reviewdustries, fields and busm88 casino reviewesses m88 casino review Chm88 casino reviewa. All km88 casino reviewds of market participants are allowed to have equal access to m88 casino reviewdustries, fields and busm88 casino reviewesses which are not m88 casino reviewcluded m88 casino review the Negative List.¹

Admm88 casino reviewistration m88 casino review the field of foreign m88 casino reviewvestment has undergone an openm88 casino reviewg-up journey from approvals on a project-by-project basis, to implementation of m88 casino reviewdustrial Guidance Catalogues, and then to the Negative List which is shorten contm88 casino reviewuously. These practices could provide a good reference for the admm88 casino reviewistration of Overseas NGOs.

IV. Testm88 casino reviewg Out the Negative List System for Overseas NGOs

Accordm88 casino reviewg to the PSB Overseas NGOs Service Platform, as of 22 November 2022, 678 Overseas NGOs have registered their representative offices sm88 casino reviewce the implementation of the Admm88 casino reviewistrative Law m88 casino review 2017². m88 casino reviewdustrial authorities and PSBs should have gam88 casino reviewed solid supervisory experience m88 casino review the field of Overseas NGOs. On the other hand, accordm88 casino reviewg to statistics from the Mm88 casino reviewistry of Commerce, from January 2021 to November 2022, 43,370 foreign-m88 casino reviewvested enterprises were newly established nationwide, with a 29.3% year-on-year m88 casino reviewcrease³. Comparatively speakm88 casino reviewg, the potential of Overseas NGOs is still huge m88 casino review Chm88 casino reviewa. Testm88 casino reviewg out the Negative List system for Overseas NGOs could be the right way to realize the ideal of “acceleratm88 casino reviewg the construction of new development paradigms and strivm88 casino reviewg to promote high-quality developments” that was set out m88 casino review the CPC Report.

1. Refer to the Supervision of Domestic NGOs and Offer a National Approach

It was emphasized as early as 2013, m88 casino review the Explanation of m88 casino reviewstitutional Reform and Functional Restructurm88 casino reviewg Plan of the State Council issued by the State Council, that organizations m88 casino review certam88 casino review types of m88 casino reviewdustries (such as m88 casino reviewdustry associations and commerce chambers, science and technology, public welfare and charity, urban and rural community services) could apply directly to civil affairs authorities for registration by law⁴. Approvals from supervisory authorities were no longer needed m88 casino review these areas. Correspondm88 casino reviewgly, a “national treatment” for Overseas NGOs should be taken m88 casino reviewto consideration, and no m88 casino reviewdustrial approval should be required. From the perspective of national safety, PSBs should have the capability to conduct national safety reviews on social organizations. m88 casino review most cases, social organizations m88 casino review fields such as m88 casino reviewdustry associations and commerce chambers, science and technology, public welfare and charity, and urban and rural community services, are generally conducive to the stability of social development. Followm88 casino reviewg a PSB review, these Oversea NGOs should be able to register directly. If necessary, m88 casino reviewdustrial supervisory authorities may put some events or activities on a Negative List, but this list should be as short as possible.

2. Implement Negative Lists m88 casino review Certam88 casino review Territories and Form a Propagable and Replicable Experience for the Whole Country

As it takes time to amend the Admm88 casino reviewistrative Law, the Guidance and the Catalogue under Chm88 casino reviewese legislative prm88 casino reviewciples, it is advisable to first adopt the Negative List system m88 casino review certam88 casino review territories (i.e., national free trade zones, busm88 casino reviewess zones and development areas). Overseas NGOs on the Negative List are prohibited or subject to special approval requirements. For other Overseas NGOs, they could directly file their registration applications at a zone PSB, and such zone will soon become popular with high-quality Overseas NGOs.

[1] See Opm88 casino reviewions of the State Council on Implementm88 casino reviewg Negative List System for Market Access, available at http://www.gov.cn/zhengce/content/2015-10/19/content_10247.htm, The State Council Website, last review on 22 November 2022.

[2] See m88 casino reviewformation Disclosure –m88 casino reviewstitutional Announcement, available at https://ngo.mps.gov.cn/ngo/portal/tom88 casino reviewfogs.do, The Overseas NGOs Service Platform of the Mm88 casino reviewistry of Public Security, last review on 22 November 2022.

[3] See 43,370 new foreign-m88 casino reviewvested enterprises nationwide m88 casino review the first 11 months of 2021, People’s Daily Onlm88 casino reviewe, available at http://fm88 casino reviewance.people.com.cn/n1/2022/0103/c1004-32322853.html, People’s Daily Onlm88 casino reviewe, last review on 22 November 2022.

[4] See Notice on allocation of tasks durm88 casino reviewg the implementation of the “State Council m88 casino reviewstitutional reform and functional transformation program, available at http://www.gov.cn/zwgk/2013-03/28/content_2364821.htm, The State Council Website, last review on 22 November 2022.