Notice Regarding Yunnan Province?s Provisional Regulations Standardizing the Activities of Overseas Non-Governmental Organizations

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Notice Regarding Yunnan Province’s Provisional Regulations Standardizing the Activities of Overseas Non-Governmental Organizations To the autonomous prefecture and city People’s Governments, and the commissions, offices, departments, and bureaus directly under the line management of the province: <> has the approval of the Yunnan Province People’s Government and is being issued to you. Please take into consideration the realistic conditions, and carefully carry out the regulation. Yunnan Province People’s Government Office December 29, 2009 Chapter I General Principles Article 1 This provisional regulation was issued In order to better standardize the activities of overseas non-governmental organizations (NGOs) within this province, to further friendly cooperation between relevant organizations within this province and overseas NGOs, and to protect the legal rights of the two cooperating parties, while taking in consideration the realistic conditions of this province. Article 2 The term “overseas NGO” mentioned herein refers to associations, institutes, chambers of commerce, federations, leagues, foundations and research institutes (or centers) and other 1¿†? 2
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ÐaÁöaùîý!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!1 Social organizations, foundations and civil non-enterprise units are the three categories of NGOs that can gain legal status by registering with the Civil Affairs office. 2!The Chinese term for “document filing” is bei’an which refers to a method of registering with provincial authorities that is theoretically less difficult and involved than legal registration. !

non-governmental, non-profit or public interest organizations that have been legally established overseas. The term “Relevant Organizations” mentioned herein refers to organizations legally founded in this province, including public interest public service units, social associations, foundations and civil non-enterprise units1. Article 3 Yunnan Province Department of Civil Affairs (YDCA) is the document filing2 agency in charge of registering overseas non-governmental organizations entering into the province.. The Yunnan Province Foreign Affairs Office (YFAO) is the document filing agency in charge of registering cooperation efforts between overseas non-governmental organizations and relevant organizations of this province. Relevant departments directly under the line management of the Yunnan Provincial Government are departments providing sectoral guidance relevant to the overseas NGOs’ area of work. Article 4 Overseas NGOs in the province shall abide by our country’s constitution, laws, rules, regulations and national policies; and respect local customs and ethnic habits. They shall not endanger the national security, unity and ethnic unity of People’s Republic of China; threaten the national interests or public interests of People’s Republic of China; disrupt social public order; infringe on the legal rights and interests of Chinese citizens, legal persons, or other organizations; act against social ethics; or affect the province’s social stability and development. Chapter II Document Filing for Overseas NGOs 

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Y<†Êa öv8aÁö„ ö÷d <†Êb» ØH 8 öŸO ^â“dŸ©F®É Æ' 8¥!Ã1b 8“ Y÷ ^â“dŸ©F®Ð' 8µ1F® 7Z†T Y[¥!Ã1b 8°µ1† Ê ^Ð <S¶µ ó"¥â“dŸ©F®¥<·†Êb» ¹Hâ“dŸ©F®' 8›Ÿ u× =‹’N oáSIEaE paE?a?c„SEŸ¦M×’¹ 3 Ì„ öB8‚¤²]áSSE½ †adB„ öBv²‚¤ å]áSSE æm„ ö æm‚¤ åÊ ö ǽ[# öaE ¦€  ðF®¥†E ƒm‚¤´ ö¡£„ ‚¤•Yá 8 ö×ç„H?Zb»=câ“dŸ©F®¥!à Article 5 Overseas NGOs entering the province should apply to the YDCA to file their documents. Article 6 Overseas NGOs applying to file their documents shall satisfy the following conditions: (1) Having the intention to conduct project activities in this province; the intention should be substantive and be supported by written documents; (2) Having been reviewed and approved by departments providing sectoral guidance; (3) Cooperating with relevant organizations in the province; (4) Lawfully registered or approved by an overseas government; (5) Project activities are beneficial to the construction and development of the province’s economy and society. Article 7 When overseas NGOs apply to the YDCA for document filing, they should provide the following documents: (1) An Application Form for Document Filing for Overseas NGOs in Yunnan Province (available for downloading at YDCA’s public information website) signed by the responsible individual at the overseas NGO headquarters; (2) A photocopy of the overseas NGO registration and enrollment document or a copy of the document of approval supported by Chinese and English statements of authenticity provided by a notary office in the NGO’s country (region) of origin; (3) An approval document issued by the department providing sectoral guidance; »ôHâ“dŸ©F®É Æ' 8‹’_ 8 öŸO # h!Ãb» BHâ“dŸ©F® # h!Ë’ !/ Hq Bµ' 8 7Z[ "î¥iû¾iû‹’ ^ LÉŸ¥iµ € ëÓq  =Ü<·†Ê ,°]i  ØÐ' 8µ1F®†T  ¹â“Ÿ©GE » ! ë€ÿ¨  ô[ "îµ æ¿' 8Ü6 öy !Ð?Zb» þHâ“dŸ©F®_ 8 öŸO # h!à H‹’4Œ/ ‹  Bâ“dŸ©F®9†µ3 ¦ & ‡¥u  2 8â“dŸ©F®!à # hVv VV 8 öŸOŸ© 7©_/  =â“dŸ©F®¨:ÿ¨£ €€ »Ó'¯†q¾¯†q¶Ü îS ¹ u££i Ïa‡Ó£ €  Ø<·†Ê¥ »Óq  (4) Organizational by-laws or action guidelines of the overseas NGO supported by Chinese and English statements of authenticity provided by a notary office in the NGO’s country (region) or origin; (5) The overseas NGO that seeks to establish a representative office in Yunnan should provide evidence of the representative office’s real estate use rights (ownership certificate of real estate, or a lease with a minimum effective term of 12 months, an agreement for the use of the property); ; (6) Personal IDs of the overseas NGO foreign staff members, and Chinese and English statements of authenticity provided by a notary public of the staff members’ country (region) of origin; (7) Any other documents requested by YDCA. Article 8 YDCA will provide feedback to the applicant within 30 work days after receipt of all valid documents. If YDCA is unable to provide the feedbacks within 30 work days, it may postpone the deadline to 20 work days later, but shall provide the applicant with written notice. When the application is approved, the applicant will receive the Notice of Document Filing; if it not approved, the applicant will receive written notice. Article 9 For any change in the document filing application, an application shall be made to YDCA in order to modify the filing. Article 10 Relevant departments shall be notified in writing about the handling and processing of the document filing within 30 work days from when the case is finished. Article 11 Overseas NGOs that have already  ¹â“dŸ©F®cñ€›îÔ 5iÜ îS ¹ u££ª Ïa‡Ó£ €  ôâ“dŸ©F®' 8 ! ë}V¥‹’ ¾}Vþ î P¨ ƒ£ ü Á ƒ£µr ùñ[ ¥?¨a P¨xp  Bâ“dŸ©F®“!ýT ¦ô &z£ üiÜ îS ¹ u££ª Ïa‡Ó£ €  þ 8 öŸO1 p4Œ¥  ð‹ b»ÖH 8 öŸO lž ††µr‹ ª‹’ñýT ° =Ts¯bñýT °‚ ?Ts¯¥ Vü ùñýT °Œ‹’ € ëá©b]i!Ã¥?óu!ÃY© €v ‚]i!Ã¥‹’ € ëá©b»ôH!à Y[? 3M÷¥‹’_ 8 öŸO # hM÷!Ãb» EH 8 öŸO÷ Ø!à f ƒ‹’÷ Ø›²­ ° ñýT ° = € ë_µ1† ÊY f ƒb» EBHXGE öŸ†¨: ! ë legally registered with the Ministry of Civil Affairs to establish their representative offices shall conduct activities in Yunnan Province according to their annual work plans approved by their professional supervising unit. Relevant organizations in Yunnan should report in a timely manner the projects and activities to YFAO and YDCA. YDCA may report any activity that falls outside the scope of cooperation to the Ministry of Civil Affairs and the relevant department in charge. Chapter III Document Filing for Cooperative Projects Article 12 Relevant organizations in Yunnan receiving financial assistance, in-kind support and technical consultation from overseas NGOs to carry out independent or cooperative projects, or carrying out projects with overlapping goals with overseas NGOs but not receiving financial or in-kind support from them, should apply to the YFAO for document filing. Article 13 Overseas NGOs cooperating with relevant organizations in Yunnan shall sign written cooperative agreements. Terms of the cooperative agreements should not include conditions relating to politics, religion, or ethnic issues or be in conflict with Chinese laws and regulations. The agreements shall be signed by legal representatives or authorized persons of the cooperating parties. Contents of the agreements shall include: (1) Name of the project (2) Project profile, the scope of cooperation, and location of the project (3) The rights enjoyed by both cooperating parties and the duties they are responsible for. (4) Rules regarding the source, management, and the use of funds or material resources. (5) Rules regarding project termination and the }V¥â“dŸ©F®¿v <ö5†Ê »¥ MýT9Ã' 8 7Zî' 8µ1†Ê‹’# H|[ "#î f ƒ 8“ Y÷„ 8 öŸOb µцTS¶î 8 öŸO V|µ1 f ƒY öŸ†„ <ö5†Êb» Øc†T Y[¥!û E=H' 8µ1F®¤ sâ“dŸ©F®'Áñùaþ' ùa/ Œ&؆ÿ€ ] 7Z[ "[#  ð Ùä s'Áñù€þ' ùŒÐâ“dŸ©F®¿ ]¥[ " "S ]xT L @[ "©†T Y[‹’_ 8“ Y÷ # h!Ãb» E ØHâ“dŸ©F®Ð' 8µ1F®É›†T‹’ &è € ë†Txpb†Txp‚¤¸FŸÍa7a öB©€´QáSE pE??ç¥Hqb†Txp‹’®  ZEç}V ¦€$ q ƒ€ & ‡bxp‹’ “/  = ¸ B[ " ë  =[ "À ƒa†TS¶„¹×  ؆T  ZZµ¥ ƒ æ„õ„¥l  ¹'Á€þ' Ÿ÷a5 Ø„ P¨?ç  ô1¿[ "Ô¸¥?ç„[ "Ô¸ª'Á¥) Øb handling of assets after the termination fo the project. The effective term of the cooperative agreement shall be no longer than 2 years. If the effective term of an agreement is longer than 2 years, the cooperating parties shall apply for document filing in accordance with these regulations. Article 14 Social organizations, foundations and civil non-enterprise units shall submit the cooperation proposals to the department in charge for approval before the cooperation and the department in charge will send the proposals to YFAO for document filing. Public welfare service units at the department or bureau level shall submit cooperation proposals to the YFAO for document filing before the cooperation. Other public welfare service units shall submit their cooperation proposals to the higher-level management department for approval before the cooperation and the higher-level management department will send the proposals to YFAO for document filing. Article 15 When relevant organizations apply for document filing with YAFO, they shall provide the following documents: (1) A photocopy of the Document Filing Notice issued by the YDCA to the overseas NGO; (2) Application form of cooperating with international NGOs (can be downloaded from YFAO website). Contents of the form will includethe name of the proposed cooperative project, project location, project areas, project profile, sources of funds, etc. (3) Signed agreement of the proposed cooperation (4) Where project activities fall out of the business scope of the organization, suggestions from relevant departments whose business scope covers the activities should be provided. †Txpµr ù‚ÑV MbÑV M‹’¿v'?ç 6›!Ãb» E ¹H' 8 öv8aÁöa ö÷d <†Ê‹’†T -| E†T Y[<ö5†Ê]iª®<ö5†Ê 8“ Y÷!ÃbO )¥mŸ Y<†Ê‹’†T -| E†T Y[ 8“ Y÷!à  ðmŸ Y<†Ê‹’†T -| E†T Y[ B)ö5† Ê]iª® B)ö5† Ê 8“ Y÷!Ãb» EôHµ1F®_ 8“ Y÷!à H‹’4Œ/ ‹  B 8 öŸO?óâ“dŸ©F®¥u!ÃY© €v¯†q  =Ðâ“dŸ©F®†T # hV VV 8“ Y÷©_/b # hV = ¸ “ E†T[ " ëaî¹×aî 5×a[ "À ƒaÜn Ÿ÷©  Ø E & ‡¥†Txp  ¹†T Y[ #d'†Êö5<¥‹’4Œµ1<†Ê¥in  ô 8“ Y÷1 p4Œ¥  ð‹ b (5) Other documents as required by YFAO. Article 16 Upon receiving all of the application documents, YFAO shall, within 20 work days, provide one of the following three types of written decisions regarding the document filing: (1) Issuing Approval of Record; (2) Providing recommendations on revising the cooperation proposal; (3) Rejecting the cooperation. Reasons shall be explained in writing to the applicant if a decision rejecting the cooperation is made. Article 17 Any changes in relation to the cooperative project shall be reported to YFAO in order to alter the record. Article 18 Relevant departments shall be informed in writing of the processing of the document filing by the YFAO within 30 work days of the completion of a case Chapter IV Service and Management Article 19 YFAO shall keep accountability records of the relevant organizations in this province, evaluate their capacity to cooperate with overseas organizations, and, as appropriate, recommend to overseas NGOs a cooperating party with a good reputation, strong project implementation capacities, and a certain scale and capability as a cooperating party. Foreign affairs departments at various levels shall fulfill their coordination role and investigate the activities of overseas NGOs, understand their needs and difficulties and work in a timely manner to resolve any difficulties or disputes that arise in the cooperation. » E BH 8“ Y÷ lž ††µr‹ ª‹’ñýT ° =T/  Ë € ë!à %ç B?óu]i!à €v  =4†T Y[¥Øœin  Ø‚]i†Tb‚]i†T %ç‹’_!ÃZ € ë ª ü Ø®b» E þH†T Y[? 3M÷¥‹’_ 8“ Y÷M÷!Ãb» EÖH 8“ Y÷÷ Ø!à f ƒ‹’÷ Ø›²­ ° ñýT ° = € ë_µ1† ÊY f ƒb» ¹c›Ð5 Ø» EôH 8“ Y÷‹’y ë' 8µ1F®¥ô–à 7Z “†T ? ï ßN a H¹â“dŸ©F®wºãza[ "³› ? ï <aµBç? „ L 牢TZbò)“ Y† Ê‹’?èxØT¨ ' Æ L=Øùâ“dŸ©F®î f ƒ `P  Ô p ³  ’ 4# Hxس %†TÏC¥ ’ 4„ïtb Civil affairs departments at various levels shall provide quality document filing services to overseas NGOs. They should also help them with advising on, and publicizing of, policies and laws. Departments providing professional guidance shall build up a range of projects which bring about social benefits and recommend these projects to overseas NGOs in line with their distinctive features; they shall also provide guidance to their subordinate social organizations, foundations and civil non-enterprise units that are cooperating with overseas NGOs. Article 20 Overseas NGOs shall report important events in a timely manner during the cooperation project’s implementation to departments providing professional guidance, and submit written annual work reports (including project progress, use of funds, staffing changes, etc.) to YFAO, YDCA, and departments providing professional guidance before October 31st each year. Where Chinese citizens are hired, the reports shall include the employment status of Chinese staff as well. Article 21 Cooperating parties shall establish a complete set of financial accounting system according to relevant Chinese regulations to strengthen the management of using funds and assets. Where necessary, departments providing professional guidance and relevant government departments may audit financial records of the cooperating parties. Article 22 Upon completion of a project, the cooperating parties shall conduct timely evaluations of the project and report the results to YFAO, YDCA, and departments providing professional guidance. Where necessary, YFAO may organize the project evaluation. ò) öŸ† Ê‹’Szâ“dŸ©F®¥!ÛýTSzŸ¦aE?¥&سs„Æ.ýTbò<·†Ê‹’%!B » örmz¥[ "ô â“dŸ©F®¥+ĵŒŸ¹_ wºi· îö5¥ öv8aÁöa ö÷d <†Ê 7ZÐâ“dŸ©F®¥†Tb»= EHâ“dŸ©F®‹’# H|†T[ "³› ùW¥×v f ƒ_<·†Êái Ä M ° -_ 8“ Y÷a öŸO#<·†Ê € ëá MýT f ƒ [ "ÉZaÜn P¨„ýT ¦ôMî©b רÏZ&ô¥‹’Biá¨ý f ƒb»= EBH†T  Z‹’GvSEµ1?çy ër †ö9ÅF <þ¥ P¨5 ØbA1 H<·†Ê#Ÿ©µ1† Ê VÉ› ,9b»= E=H†T[ "Ô¸†T  Z‹’# HT ßi_ 8“ Y÷a öŸO„<·†ÊábA1 H V® 8“ Y÷F® ßb Article 23 When an overseas NGO terminates its presence and activities in Yunnan, it shall handle the tax registration, cancellation of invoices, bank accounts, and submit any relevant licenses for cancellation. After l settling its credits and debts, it shall return the Document Filing Notice and official seal to YDCA. Chapter V Accountability Article 24 In cases where an oversea NGO enters Yunnan or conducts cooperative projects without going through the document filing process in accordance with this regulation , the document filing organ will make a record of the NGO’s infringement of these regulations and require the organization to make corrections accordingly. Article 25 Social organizations, foundations and civil non-enterprise units in this province that cooperate with overseas NGOs without prior approval and registration will be required by their professional supervising units to make corrections accordingly. Public welfare service units cooperating with overseas NGOs without prior approval or having violated these regulations will be held accountable by their supervising department. Article 26 Relevant departments that refuse to provide professional guidance in line with their duties or fail to play their service and management roles, will be held accountable according to the relevant regulations. Article 27 When YDCA, YFAO and other relevant departments fail to play their roles, they will be held accountable according to the relevant regulations. Chapter VI Supplementary Provisions »= E ØHâ“dŸ©F®² ' 8î H‹’÷ ص1 ¥¨:a? Кga›l¼aµ1¸ V¥ÿg mà ²O ƒOi_ 8 öŸOšgu!ÃY© €va†c©b»ôc3 ©î»= E ¹Hâ“dŸ©F®É Æ' 8 7Z[ "†Tÿv'?ç!Ã¥®!Ã1|´?›¹: cÃ3 7ïž´?›¹b»= EôH' 8 öv8aÁöa ö÷d <†Ê ü1Ðâ“dŸ©F®†T¥® <ö5†Ê3 7ïžbmŸ Y<†Ê´Q'?ç ü1Ðâ“dŸ©F®†T€µ  ð´Q'?盹¥® ö5† Ê¿vµ1?çÍ[Ù3b»= E BHµ1† Ê‹’ k›<·†Ê¯37 ‚ k›¥€‚GE k››Ð5 د3¥¿vµ1?çÍ[Ù3b»= E þH 8 öŸOa“ Y÷©µ1† Êÿv?ç k›¯3¥¿vµ1?çÍ[Ù3b» Bc¸5 Article 28 When overseas NGOs apply for document filing, make their official seals, and conduct project activities within this province, they shall use their standard official names. The Chinese translation of their official names shall be consistent with the standard name used on the record. Where the official name of an overseas NGO does not indicate its original country or region where its headquarter is based, the country or region shall be shown in brackets following its Chinese translated official name. Article 29 Where other laws, rules, and regulations on overseas NGOs exist, they shall prevail. Article 30 These regulations shall be be effective from January 1st, 2010. !»= EÖHâ“dŸ©F®á 8 # h!Ãa†c YÅ„[ "îVñÏ‹’ P¨?S ëÏÓr ‹’Ð !à H P¨¥?S ëBÁ Ï ëÏÃV ü 9† îSE€¹ u¥‹’ ÏÓr ªF “|ÿ üb»= EôHE paE?„?cÐâ“dŸ©F®î5 Ø 6µ?ç¥V ?çb» Ø EH'?ç1 M °  @›b!!