CBCGDF Files Lawsuit against Ministry of Civil Affairs (with Attached Complaint) at Beijing Third Intermediate People's Court

On July 28, 2023, the China Biodiversity Conservation and Green Development Foundation (CBCGDF) officially initiated administrative litigation against the Ministry of Civil Affairs due to its dissatisfaction with the administrative penalty imposed and the administrative reconsideration decision made by the ministry.

On April 26, 2023, the Ministry of Civil Affairs issued an administrative penalty (Civil Penalty No. [2023] 5) against the CBCGDF for calculating management fees based on the absence of stipulated project donation agreements.

The CBCGDF believes that the project donor explicitly permitted the project beneficiary to withdraw management fees in its "Project Management Regulations," and all the funds for this project were designated as "restricted usage" in the third-party audit reports uploaded to the Ministry of Civil Affairs under "Charity China" from 2020 to 2022. The CBCGDF has never calculated any management fees for this project from the beginning to the end, and there is no issue of altering donation purposes without authorization.

As a result, the CBCGDF disagreed with the administrative penalty decision and submitted an administrative reconsideration application to the Ministry of Civil Affairs on May 24, 2023. On July 20, the Association received the administrative reconsideration decision from the ministry, which upheld the original administrative penalty decision. In response, the CBCGDF considers the Ministry of Civil Affairs' administrative reconsideration decision to be entirely erroneous, thus formally initiating "administrative litigation" against the Ministry of Civil Affairs at the Beijing Third Intermediate People's Court.

The CBCGDF remains committed to the agenda of sustainable development, wholeheartedly promoting the noble cause of biodiversity conservation and green development. It has upheld its original intention and remained steadfast. The CBCGDF legal department believes in the power of the rule of law and trusts that the judiciary will render a correct judgment.

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(Notes by Editor: Experts point out that a "Warning" is not as light as it may seem on the surface; it is a very serious penalty. Within China's social organization management system, the "Warning" Administrative Penalty from the Ministry of Civil Affairs signifies a life-or-death distinction for a social organization. Especially for social organizations with fundraising qualifications, such a "Warning" Administrative Penalty can cut off all donation sources, project applications, bidding opportunities, and more.)

Written By Wang Minna

Reviewed by Wang Jing

Translated by Wendy

【Related reports】

Application & Additional Evidence Filed by CBCGDF Regarding the "Warning" Administrative Penalty Decision Issued by the Ministry of Civil Affairs

https://cbcgdf.blogspot.com/

Yin Ding: The administrative penalty imposed by Ministry of Civil Affairs on CBCGDF is legally flawed and may be illegal operations

https://cbcgdf.wordpress.com/2023/05/06/yin-ding-the-administrative-penalty-imposed-by-ministry-of-civil-affairs-on-cbcgdf-is-legally-flawed-and-may-be-illegal-operations/

On Environmental Public Interest Litigation: CBCGDF LWC Answers Media Interview

http://www.cbcgdf.org/English/NewsShow/5012/23548.html

Jia Minzheng: Where will China’s Environmental Public Interest Litigation go as Pioneering Organization is Punished?

http://www.cbcgdf.org/English/NewsShow/5004/23516.html

CBCGDF Sends Official Letter to Alipay Fundraising Platform Asking a Withdraw of Unlawful Notice (2023.5.6)

http://www.cbcgdf.org/English/NewsShow/5004/23559.html

https://cbcgdf.wordpress.com/2023/05/08/gong-ping-where-is-the-boundary-for-online-fundraising-platform-when-charitable-organizations-public-fundraising-projects-are-shut-down/

中国绿发会遭遇“构陷式执法”，民间公益望风战栗

The China Biodiversity Conservation and Green Development Foundation (CBCGDF) has encountered “entrapment-style law enforcement”, causing fear among Chinese non-governmental public welfare organizations

https://mp.weixin.qq.com/s/GXUAC5rFU3-9WcQJNozIuA

https://biodiversity2030.wordpress.com/2023/04/30/%e4%b8%ad%e5%9b%bd%e7%bb%bf%e5%8f%91%e4%bc%9a%e9%81%ad%e9%81%87%e6%9e%84%e9%99%b7%e5%bc%8f%e6%89%a7%e6%b3%95%ef%bc%8c%e

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