Yu Lingyun: To Better Tell the Stories of China Requires Expanded Opening and Strengthened Cooperation

[Editor’s note:

On the morning of June 6th, 2023, the Law Working Committee of China Biodiversity Conservation and Green Development Foundation (CBCGDF) invited experts, scholars and staff from relevant departments in the legal field to offer guidance, conduct legal education and have a special study and discussion on the Law of the PRC on Administration of Activities of Overseas NGOs in the Mainland of China.

The meeting is held in the context that the Charity Law of the People’s Republic of China is in the process of revision. In the section of “Promotion Measures” of the draft for comments, the article “The State encourages international exchange of charity” has been added. It is important to learn relevant laws for charitable organizations to “go global”, better cooperate with overseas NGOs and “tell the stories of China”. At this meeting, many experts expressed insightful opinions. This article will introduce the views of Mr. Yu Lingyun, Vice President of the Administrative Law Research Chapter of China Law Society and Professor of the Law School of Tsinghua University.]

First of all, to establish the Community of Shared Future for Mankind and better tell the stories of China well, we should insist on opening up to the outside world. This is the direction explicitly set up in a series of official documents. Due to COVID-19, we basically stopped participating in many activities abroad. However, how can we tell the stories of China and send out the voice of China without participating? How can we be part of the formulation process of international rules?

If there is nothing abnormal about the purpose and use of an overseas donation, it is inappropriate not to accept it. However, it is necessary to raise our vigilance. Therefore, under the premise of strictly observing the Secrecy Law, the State Security Law and the Anti-Spy Law, we should accept simple donations, because we can use these donations to carry out public welfare undertakings, which is a good thing in itself.

Secondly, prizes such as the Nobel Prize for Natural Science and scholarships for students are generally considered as fair and well-recognized. Since our country want to establish world-class universities, winning of internationally recognized awards is one of the aspects for evaluation. Therefore, in the establishment of world-class universities, we should encourage students to go abroad and study in advanced foreign countries. In terms of international donations and awards, we should not refuse, but to actively strive for them.

Thirdly, the examination and approval system must have a legal basis. Article 32 of the Law of the PRC on Administration of Activities of Overseas NGOs in the Mainland of China does not stipulate approval. It only stipulates that it is necessary to apply for registration and temporary activities in China, not for domestic institutions, but for overseas NGOs. There is no legal basis for domestic units and individuals to go through such examination and approval. If there is no need for examination and approval, we can totally accept the donation.

Original Chinese Article:

https://mp.weixin.qq.com/s/bG2bD7nUbPPFD-Arb8ofLw

Translator: Victoria

Checked by Sara

Editor: Victoria

Contact: v10@cbcgdf.org; +8617319454776

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