electra-supply.comOn October 27, the Ministry of Civil Affairs published an explanation on its official website regarding the “Draft Revision of the Regulations on the Prohibition of Illegal Social Organizations” (hereinafter referred to as the “Draft Revision”). This document aims to solicit feedback from various sectors of society.
The explanation indicates that the existing “Interim Measures for Prohibiting Illegal Civil Organizations,” which has been in effect since April 2000, has played a significant role in legally addressing and regulating illegal social organizations, as well as protecting the legitimate rights and interests of citizens, legal entities, and other organizations. However, the complexity of combating illegal social organizations has increased, leading to higher demands for legal safeguards. As such, the current interim measures are no longer adequate to meet modern demands and require revision. The Ministry plans to include the revision of the interim measures in its annual legislative agenda for early 2024, having drafted the “Draft Revision” after extensive consultation, thorough research, and multiple revisions.
The Draft Revision comprises 24 articles and is not divided into chapters. Here are the key proposed changes:
1. **Regulations Title Change**: The title has been changed from “Interim Measures for Prohibiting Illegal Civil Organizations” to “Regulations on the Prohibition of Illegal Social Organizations,” removing the term “interim.” The term “civil organization” is considered outdated; therefore, “illegal civil organizations” has been updated to “illegal social organizations” for greater accuracy.
2. **Specific Circumstances of Illegal Social Organizations**: The draft clarifies three specific circumstances that define illegal social organizations: (a) engaging in activities under the guise of a social group, foundation, or private non-enterprise unit without proper registration; (b) conducting activities outside the management phase during the preparation of a social group; and (c) continuing activities under the same names after their registration has been revoked. Exceptions are provided for certain community organizations and others exempt from registration.
3. **Clarification of Jurisdiction Principles**: The draft establishes jurisdiction for each level of registration and management authority regarding the prohibition of illegal social organizations, primarily assigning responsibility to the registration authority at the county level where the violations occur. It also allows for higher-level authorities to intervene in cases they deem necessary and specifies conditions outside the jurisdiction of registration authorities.
4. **Standardization of Enforcement Procedures**: The draft delineates rights for individuals and entities to lodge complaints about illegal social organizations and mandates that the registration authorities publicly disclose how complaints can be submitted. It outlines the investigative procedures, protects the rights of the parties involved during investigations, and details the process for issuing prohibition decisions. Furthermore, announcements of prohibitions can be made through various media.
5. **Strengthening Enforcement Measures**: The draft outlines when organizations may not be prohibited, emphasizing leniency for minor infractions that are corrected promptly. It also introduces penalties, stating that responsible parties may face fines ranging from 5,000 to 20,000 yuan, with steeper fines for serious violations.
The full text of the draft, including the rationale and procedural details, is available for review, and the draft will take effect on a date yet to be determined in 2024, replacing the interim measures established in 2000.
