The Fate of NGO’s In China…..

Academic David Cowhig has written a very detailed post to the China Law List all about the fate of foreign NGO’s in China..

It’s a great and detailed read about where we are now, as 2021 draws to a close.

He writes

The English language side of the China Development Brief website provides a guide to NGOs in China, an overview of rules for NGOs — no politics, no religion, no profit making activities. 

Prominent on the top page is a link to information on the activities of Chinese NGOs overseas.
The China Development Brief was founded by Nick Young in 1996 until he was rewarded for his good work by being expelled from China in 2007.  After that, the website was moribund for a few months, then the Chinese language side by not the English language side became much busier and more useful than the stagnant English-language side. After some time, the English language side became busier, although the Chinese language side remained much more useful.
Now the Chinese language side of the China Development Brief website has vanished into a takedown notice.

This take down is more honest than usual.

A check of the Internet Archive comes up with the last intact version — the version of August 17, 2021 of the Chinese language side of the CDB website.  Apparently the website had to come down to scrub the names of NGOs that turned out to be perncicious and to take down some unhealthy information there.     I have often seen PRC official take downs of PRC websites often masquerade as technical malfunctions. Makes me inclined to be cynical — to borrow (or misuse?) Bill Bishop’s formulation sinocynical.  One might imagine that virtuous computer networks buckling under the load of ideological filth that some dissidents impose upon them?  The Internet Archive is a great boon when you are looking for deleted items.  Various dates of the China Development Brief are archived from 2005 onwards.  https://web.archive.org/web/20050315000000*/http://www.chinadevelopmentbrief.org.cn/
This takedown breaks the mold however.  I admit that I have been too cynical to study how honest website censorship has been lately, so this is probably not the only or early case. As someone use to the old ways, I exclaim  An honest takedown! For the world to see!  Have to give totalitarians points for being honestly oppressive I guess.  Transparency!  Rule according to law!  The shortcoming becomes less about how the law is applied and enforced but about the laws and regulations themselves.  Maybe this is progress?  Tho I am not even a barefoot lawyer.  I am reminded of Professor Zhang Xuebo’s article  “Observations on the History of Rule by Document 1982-2017” about China’s gradual transition towards something like the rule according to law. Still leaves the problem of what the law is I suppose.

The take down notice reads
“This website cannot be visited for the time being because:
A case has been opened about this website according to the relevant laws of the Ministry of Industry and Information Technology
Legal basis: “Non-profit Internet information services case application management measures”

If you are an ordinary visitor to the site.
Please wait for the website application to be completed and and try to access it later.

If you are a website owner, the common reasons for website inaccessibility are as follows.
1. the site has not completed an application, or the record has not been completed or the application has not been completed by the access providing company.
2. the content of the site are not as described by the the information on file, the record files is inaccurate, or the website contains information not suitable for dissemination, etc.
Click to enter the record file management platform

Yet one sign among many of the political weather.
Still on the English language side some interesting articles, including one on the many enforcement actions in Bejiing Muncipality alone against social organizations that have done wrong over the past year.
Headed by a cute photograph…maybe the Ministry of Industry and Information Technology just put one on the Chinese language side of the China Development Brief website. Fortunately there is still the Internet Archive to give an idea of just what the wrong information might be.
image.png
Nearly 200 Beijing social organizations sanctioned for breaking rules
Home > News > Nearly 200 Beijing social organizations sanctioned for breaking rules
2021-11-09

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Beijing Municipal Civil Affairs Bureau imposed 177 administrative penalties on social organizations from 2020 to Oct 26, 2021, with punishments handed out to 79 social organizations, 49 foundations, and 49 private non-enterprise units.

Of the 177 administrative penalties, 101 organizations were given warnings, 54 were deregistered, three had their certificates revoked, and the rest were ordered to pause their activities for three, six or nine months.

One-hundred-and-four organizations were punished for failing to cooperate in a timely manner with their annual supervision and inspection by authorities, with these cases accounting for the majority of penalties issued. For example, Beijing Kangfu Aide Elderly Service Center received a warning in 2020 for not participating in the 2018 annual inspection and was deregistered in 2021 for failing to participate in the 2019 inspection, while Beijing China University Alumni Association was deregistered for not completing its annual supervision and inspection for three consecutive years, from 2017 to 2019.

The second most common infraction was inadequate public welfare expenditure, with 35 organizations punished. Beijing Yibang Charity Foundation received a warning in 2019 for spending only 0.26 percent of its net assets on charitable activities. Beijing Ruixin Renbo Charity Foundation was also given a warning for failing to spend any money on charitable activities.

Other groups were punished for reasons such as failing to carry out activities in accordance with the scope of their operations, misappropriating assets, failing to fulfill disclosure obligations, failing to register changes as required, setting up branch offices in violation of regulations, and failing annual inspections.

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Information on the website posted recently are news items, largely snapshots of good work being done in many places across China. Worthwhile information, but seen in the whole, quite a contrast to the analytical sector reports and critiques one might find on the China Development Brief website several years or a decade ago.   One might contrast the items on this page, reports from April 2021  https://chinadevelopmentbrief.org/resources/reports/page/7/  with the much more analytical reporting from 2011 that https://chinadevelopmentbrief.org/resources/reports/page/109/ are still archived on the website.  From the top page one can click on the higher numbers between 1 and 109 to dig in.
It seems that one should not overthink things and editorial policy was guided to be along those lines.
A contrast of pre/post coming of Xi Jinping to the top, makes one remember fondly the days of that liberal Hu Jintao!
The term ‘social organizations’ seems to be preferred (I noticed over a decade ago in China a proliferation of non-NGO names for NGOs) over the disappointing formulation non-government organization.  With the Party and government being good and wise, one would imagine that social organizations are superfluous.  What gives individuals the right to manage society?  That is the job of the Party!
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 I admired very much the resurrection of the China Development Brief under local Chinese leadership after the Brief lost Nick Young, apparent from the revival of the Chinese side of the CDB website months after he was expelled.  A success of training up local people to carry on.  From the Party’s perspective apparently the implantation of a dangerous virus.  It is always important to keep in mind that ideological security is an aspect of PRC national security — calls for foreign states to lay off on ideological challenges and criticisms I suspect is a big part of the ‘i don’t get no respect’ tune one often hears from Beijing.
To be fair to the Party, the NGO people I met in China from my decade working in Beijing and Chengdu were remarkably open-minded, free thinking people.    They seemed to have developed antibodies to the Party propaganda bath. One of them told me that NGO work, while worthwhile in itself, is excellent organizational training for the day when political organization against the Party becomes possible.  So I do try to be fair, and observe that that Party’s paranoia is not entirely misplaced.
These are just a few observations I am making mostly out of the top of my head. Research on the Internet Archive would provide a more detailed picture, a reflection of the effects of ideological weather on NGO work.
Worth reading in full.  The view in 2012, from the conclusion:
At the same time, many things have not changed. INGOs still face a uncertain and
unclear regulatory environment that has changed little since the 1980s. Only a small
percentage of INGOs in China operate legally and most INGOs maintain a low profile
because of their ambiguous status, and yet their work is largely tolerated and even
welcomed by the Chinese government. In recent years, there have been signs of
improvement in the regulatory environment but progress remains slow and unsteady.
Yet as we have tried to show in this chapter, despite these challenges, INGOs have
managed to make a significant contribution to addressing China’s many development
challenges, while introducing new ideas, knowledge and best practices from more
developed countries that have experienced similar development issues. In this sense,
INGOs, like their private sector counterparts, have served as an important platform
for transferring resources and knowledge to help China catch up to developed
countries and reach higher standards of living. They have done this by collaborating
with a diverse group of stakeholders ranging from grassroots NGOs and communities
to central government ministries, working both from the top-down in influencing
decision makers and policy, and from the bottom-up in promoting participatory
governance and civil society approaches to addressing development problems. In the
future, as the regulatory environment improves and China influence and status rises in
the global community, the strategies of INGOs in China will undoubtedly change but
their roles will continue to be defined by their collaborative approach and
commitment to participatory approaches and civil society.
David Cowhig
If you would like to share this note, you will find it on my translation blog at

NGOs: Musings on the China Development Brief

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Appendix
  Appendix: Machine Translation of Ministry of Information Industry ministerial order #33 of 2005 dated February 8, 2005
Slightly massaged machine translation of relevant PRC Ministry of Information Technology ministerial order. Caveat lector: a machine translation can give you a good idea of the contents but shouldn’t be relied upon for business. 

Ministry of Information Industry of the People’s Republic of China Order

No. 33

Non-Profit Internet Information Service Record Management Measures” has been adopted by the Ministry of Information Industry of the People’s Republic of China on January 28, 2005 at the 12th Ministerial Meeting, is hereby issued and shall come into force on March 20, 2005.

Minister Wang Xudong
February 8, 2005

Non-Profit Internet information services for the record management measures

Article 1 To regulate the filing of non-profit Internet information services and record management, to promote the healthy development of Internet information services, according to the “Internet Information Services Management Measures”, “People’s Republic of China Telecommunications Regulations” and other relevant laws and administrative regulations, the development of these measures.
Article II in the People’s Republic of China to provide non-profit Internet information services, the performance of filing procedures, the implementation of record management, the application of these measures.
Article III Ministry of Information Industry of the People’s Republic of China (hereinafter referred to as “Ministry of Information Industry”) to supervise and guide the national non-profit Internet information service filing management, provinces, autonomous regions, municipalities directly under the Central Communications Administration (hereinafter referred to as “provincial communications authority”) ) specific implementation of non-profit Internet information services for the record management.
Intended to engage in non-profit Internet information services, should be to its residence in the provincial communications authority to perform filing procedures.
Article IV of the provincial communications authority in the record management shall follow the principles of openness, fairness and impartiality, to provide convenient, quality and efficient service.
non-profit Internet information service providers engaged in non-profit Internet information services, shall comply with the relevant provisions of the state and accept the supervision and management of the relevant departments in accordance with law.
Article V in the People’s Republic of China to provide non-profit Internet information services, shall perform filing procedures in accordance with law.
Without a record, shall not engage in non-profit Internet information services in the People’s Republic of China.
This approach refers to the provision of non-profit Internet information services in the People’s Republic of China, refers to the use of organizations or individuals in the People’s Republic of China through the Internet domain name access to the site or the use of Internet IP address access to the site only, to provide non-profit Internet information services.
Article VI of the Provincial Communications Authority through the Ministry of Information Industry filing management system, using online filing for record management.
Article VII intends to engage in non-profit Internet information services, should be through the Ministry of Information Industry filing management system to fill out a “non-profit Internet information services for the record registration form” (hereinafter referred to as “filing registration form”, see the appendix for the format of this approach), to fulfill the filing procedures.
Ministry of Information Industry according to the actual situation, the “filing registration form” to adjust and publish.
Article VIII intends to engage in non-operational Internet information services through access to the operating Internet network, you can entrust the Internet access service operators, Internet data center business operators and other ways to provide access services for its website telecommunications business operators to perform the filing, filing changes, filing cancellation procedures.
Article IX access to China Education and Research Computer Network, China Science and Technology Network, China International Economic and Trade Internet, the Great Wall of China Internet and other public interest Internet networks engaged in non-operational Internet information services, can provide Internet access services for its website by the public interest Internet units to perform the filing, filing changes, filing cancellation procedures.
Article X Internet access service operators, Internet data center business operators and other ways to provide access services for the site of telecommunications business operators and public interest Internet units (hereinafter collectively referred to as “Internet access service providers”) shall not be known or should be known to engage in non-profit Internet information services organizations Or the individual’s record information is not true, for its behalf to perform the filing, filing changes, filing cancellation and other procedures.
Article XI intends to engage in news, publishing, education, health care, drugs and medical devices, culture, radio, film and television programs and other Internet information services, according to laws, administrative regulations and relevant state provisions should be reviewed and approved by the relevant competent departments, in the performance of filing procedures, should also be submitted to the provincial communications authority where it resides to review and approve the documents of the relevant authorities.
Intended to engage in electronic announcement services, in the performance of filing procedures, should also be submitted to the provincial communications authority where it resides electronic announcement services special filing materials.
Article XII of the provincial communications authority in the filing materials submitted by the filer, the material is complete, shall be filed within 20 working days, issued to its electronic verification of the record logo and filing number, and through the Ministry of Information Industry filing management system to the public record information; material is not complete, not for the record, within 20 working days to notify the filer and explain the reasons.
Article XIII of the non-profit Internet information service providers should be opened in its website at the bottom of the home page in the central location marked its filing number, and in the filing number below the required link to the Ministry of Information Industry filing management system Web site for public inquiries to check.
non-profit Internet information service providers should be opened in its website, in accordance with the requirements of the Ministry of Information Industry filing management system, the record electronic verification logo placed in its website under the specified directory.
Article XIV of non-profit Internet information service providers in the filing period need to change its “record registration form” in the information reported, should be 30 days in advance to the Ministry of Information Industry filing system to the original filing authorities to perform the filing change procedures.
Article XV of the non-profit Internet information service providers in the filing period need to terminate the provision of services, should be in the service termination date to the Ministry of Information Industry filing system to the original filing authorities to perform the filing cancellation procedures.
Article XVI of the non-profit Internet information service providers shall ensure that the information provided by the content of legal.
The information content provided by non-profit Internet information service providers referred to herein refers to the information content included under the Internet domain name or IP address of the Internet information service provider’s website.
Article XVII of the provincial communications authority shall establish credibility management, social supervision, investigation of the situation and other management mechanisms for non-profit Internet information service activities to implement supervision and management.
Article XVIII of the Internet access service providers shall not provide Internet access services for non-recorded organizations or individuals engaged in non-profit Internet information services.
non-profit Internet information service providers or illegal organizations or individuals engaged in non-profit Internet information services, Internet access service providers shall immediately suspend or terminate the provision of Internet access services to the provincial communications authority to temporarily close the site or close the site penalties.
Article 19 The Internet access service provider shall record its access to non-profit Internet information service providers for the record information.
Internet access service providers shall do a good job in accordance with relevant state regulations on the dynamic management of user information, record retention, harmful information reporting and other network information security management, according to the Ministry of Information Industry and the Provincial Communications Authority requirements for the supervision of the users accessed.
Article 20 The Provincial Communications Authority shall implement annual audit of non-profit Internet information services for the record.
Provincial Communications Authority through the Ministry of Information Industry filing management system, using the online approach to the annual audit.
Article 21 The non-profit Internet information service providers shall log on to the Ministry of Information Industry filing management system at the prescribed time each year to fulfill the annual audit procedures.
Article 22 violation of the provisions of Article

V of these measures, the failure to fulfill the record procedures to provide non-profit Internet information services, the provincial communications authority of the domicile ordered to correct, and impose a fine of 10,000 yuan; refuses to correct, close the site.
Beyond the record of the project to provide services, the provincial communications authority by the residence ordered to correct, and impose a fine of more than 5,000 yuan 10,000 yuan; refuses to correct, close the site and cancel the record.
Article 23 Violation of the provisions of Article 7, paragraph 1, fill in false information for the record, the provincial communications authority by the domicile to close the site and cancel the record.
Article 24 Violation of the provisions of Article 10, Article 18, Article 19, the violation of the provincial communications authority to order correction, and impose a fine of 10,000 yuan.
Article 25 Violation of the provisions of Article XIII of these measures, not in its record number below the link to the Ministry of Information Industry record management system Web site, or not placed in the record of electronic verification logo in its website under the specified directory, the provincial communications authority by the residence to order correction, and impose a fine of more than 5,000 yuan 10,000 yuan.
Article 26 Violation of the provisions of Article XIV, Article 15, not in the prescribed time to fulfill the record change procedures, or failure to perform the record cancellation procedures, the provincial communications authority by the domicile ordered to rectify, and impose a fine of 10,000 yuan.
Article 27 The non-profit information service providers in violation of relevant state laws and regulations, according to law shall be suspended or terminated services, the provincial communications authority may, according to laws and administrative regulations authorized by the same level of written determination of the authorities, temporarily close the site, or close the site and cancel the record.
Article 28 In the annual audit, non-profit Internet information service providers have one of the following, the provincial communications authority by its domicile through the Ministry of Information Industry filing system and other media notices ordered to correct the deadline; refuses to correct, close the site and cancel the record.
(A) did not log on to the record site at the prescribed time to submit the annual audit information.
(B) the news, education, public security, security, culture, radio, film and television, publishing, confidentiality and other state departments in charge of their respective special content of the annual audit of the veto.
Article 29 These Measures shall come into force on March 20, 2005.
Appendix: non-operational Internet information services for the record registration form (omitted)

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