Circular of the General Offices of the Communist Party Central Committee and State Council On Strengthening the Management Of Civil Society Organizations (CECC Full Translation)
Major Law
Additional Laws and Regulations
Short Summary
The following is a translation prepared by the Congressional-Executive Commission on China of the "Circular of the General Offices of the Communist Party Central Committee and State Council On Strengthening the Management Of Civil Society Organizations," issued the General Offices of the Communist Party Central Committe and the State Council on November 1, 1999. The Chinese text was retrieved from the Ministry of Education's Web site on April 10, 2006.
Communist Party Central Committee and State Council Circular on Strengthening Management of Civil Society Organizations (Central Office [1999] #34, November 1 1999) To the Party committees and people’s governments of all provinces, autonomous regions, and directly administered municipalities; Party committees of all regional military districts; Central Party and government organs; each general department of the Central Military Commission; Party committees of all branches of the military; and all people’s organizations: Since the beginning of the reform period, many types of civil society organizations have quickly developed in China, touching on many aspects of social life. These social organizations have had important effects on political, economic, and cultural matters in China. The Central Committee of the Communist Party and the State Council attach great importance to the work of developing and managing civil society organizations. In the past few years they have taken a series of remarkably successful steps. Currently, Chinese social organizations have undergone the first stage of cleanup and reform. There are more than 165,000 social organizations. This number is down from 200,000 in 1996 but with an increase in their quality. Non-governmental, non-commercial enterprises have begun to be included in a system of management according to rule of law. In sum, the development of civil society organizations in our country has been healthy, serving as a bridge between Party and government and the people, playing an ever broader positive role in establishing a socialist spiritual civilization and material civilization. We should, however, be vigilant. There still exist many problems concerning the development and management of civil society organizations that warrant our attention. Principally, there are still leaders of some regions and departments that have not devoted sufficient attention to leading the work of managing civil society organizations. Registration and management bureaus and sponsor organizations have yet to effectively implement a dual responsibility system. The strength of administrative management is woefully insufficient, and laws and regulations have yet to be perfected. The structure of civil society organizations is not sufficiently reasonable. The self-discipline of the organizations is not yet universal, in some places there are no rules to follow, in others the existing rules are ignored, and in some cases illegal activities and violations of party discipline have taken place. Civil society organizations have not universally established party organizations within their organizations. We must pay careful attention to some new problems that have arisen with recent developments: -- Hostile Western forces have used civil society organizations to “legally” combat China. They commonly take the form of civil society organizations, and under the cover of academic research or charitable donations, and by subsidies and cooperation, try to fulfill their strategy of “Westernizing” and “splitting” China. Since September 1998, under the connivance of hostile foreign forces, some domestic hostile forces organized and brazenly established the “China Development Federation,” and other such civil society organizations, which aimed to overturn the Four Basic Principles (of Deng Xiaoping). They formulated and implemented reactionary political platforms and arrogantly professed their intention of taking power. -- Illegal civil society organizations are increasing in number and their activities are rampant. In the first half of 1999, 35 illegal civil society organizations were uncovered in Beijing alone, an increase of 23% over the same period in 1998. The activities of these illegal organizations are hidden and highly destructive. Some carry out acts of sabotage in realms such as politics, economics, religion, and ethnic affairs. Some attempt to use the unresolved and sensitive problems of our country’s reform process to plot the establishment of organizations such as “Laid-Off Workers Associations,” “Veterans Associations,” and “Part-time Worker’s Associations,” in an attempt to manufacture disturbances. Some register abroad and conduct activities within our borders to confront us. Some illegal civil society organizations have extremely complicated international backgrounds. -- The number of qigong organizations is exploding. According to incomplete statistics, qigong-based social organizations that are registered at all levels of the Ministry of Civil Affairs alone now number 1760, involving nearly 100 methods of qigong. Some people use the pretense of healthful qigong exercises to spread ignorant superstitions, defraud others of money, and even oppose the government, the people, and rational beliefs. “Falun Dafa Research Association” and its “Falun Gong” organization are prominent examples. -- Foreigners in China and people from Hong Kong, Macau, and Taiwan have independently established civil society organizations. Within China, many places have seen the emergence of federations, foundations, clubs, alliances, and branches of foreign civil society organizations established by foreigners and people from Hong Kong, Macao, and Taiwan. These organizations are not only abnormally active in those parts of China but some also recruit local members, carry out illegal activities, and attempt to permeate and destroy our country. In order to strengthen the management of civil society organizations within China, the Central Committee of the Communist Party and the State Council approve and put forward the following demands: 1. Unify Thinking, Raise Party Awareness of the Great Significance of Strengthening the Work of Managing Social Organizations. Excellent management and leadership of civil society organizations will bring about their positive utility; the alternative will lead to negative and destructive behavior on their part. Lawfully strengthening the management of civil society organizations is one component of establishing a modern socialist nation, is part of fulfilling the basic plans put forth by the 15th Party congress toward building a socialist country based on the rule of law, and is one of the more formidable and pressing tasks placed before us today. When approaching the issue of civil society organizations we should not single-mindedly concern ourselves with their numbers. What is more important is their quality and whether or not they are able to bring about positive results for society. This creates an urgent need to strengthen their leadership and management. Starting now, the focus of our management of civil society organizations should lay in raising their overall quality; we cannot at any time slacken in our supervision and management work. At present, we must attentively work at striking against those hostile and illegal civil society organizations. Those illegal organizations which have as their goal opposition to the Four Basic Principles represent a great and hidden danger to China’s political and social stability. The struggle with them is a serious political struggle, affecting the fate of the Party, affecting the success or failure of socialism, and affecting the essential interests of the masses. We must seriously deal with this and unceasingly strengthen our sense of political responsibility and sensitivity, and be fully aware of the importance, the protracted nature, and the complexity of this struggle. At all times we must be on guard against the attempts of foreign and domestic elements to infiltrate, subvert, and divide. We must nip evil in the bud, stop all leaks, with all our strength uphold social and political stability, and never lower our guard. Leadership responsibility systems should be implemented as to the management of civil society organizations. All areas and bureaus must unceasingly raise their recognition of and their joint management of civil society organizations in order to ensure their healthy development. 2. Firmly Implement Dual Management Systems; Further Enhance the Strength of Management. The “Central Party Committee and State Council Notice on Strengthening the Management of Social Organizations and Non-Commercial, Non-Governmental Organizations” (central office #22 [1996]), clearly provides for putting into practice a dual management system toward civil society organizations, comprised of sponsor organizations and registration and management bureaus. This management system is the core component of strengthening the management of civil society organizations and must be fully implemented. Sponsor organizations must be responsible for civil society organizations’ registration application, ideological and political work, establishment of Party organizations, financial and personnel administration, research and discussion activities, foreign ties, the acceptance of foreign donations and aid, and ensuring that organizations’ activities are carried out according to the organization charter. The registration and management bureau should carry out examination and approval for civil society organizations in accordance with the law, research and formulate relevant policies and regulations and put them into effect, guide and supervise all activities of civil society organizations, and lawfully investigate and punish violators of laws and party discipline. When problems related to one of the above mentioned obligations arise, aside from determining the relevant responsibility of the responsible person in the civil society organization, the responsibility of key leaders in the sponsor organizations and the registration and management organs should be assessed as well in accordance with their work responsibilities. The registration and management bureau must firmly adhere to the standards and procedures for examining and approving the registration of civil society organizations. Leading cadres from all levels of party and governmental organs must pay attention to politics, cannot practice favoritism, and should not interfere with the examination and approval process of the registration and management bureau. Except for those social organizations clearly exempted from registration by the “Regulations on the Registration and Management of Social Organizations” (State Council #250), all civil society organizations must be lawfully registered by the Ministry of Civil Affairs; no other governmental bureaus have the right to register social organizations or issue certification. For any bureau that violates the above regulations, the responsible cadre will be investigated and punished. Organizations approved and established as internal components of governmental bureaus, organizations, and state-run enterprises and institutions cannot carry out activities in society. The work of cleaning up and reorganizing social organizations should be continued in a dedicated and detailed manner; all branches or representative offices of organizations should be completely cleaned up. Social organizations may not establish regional branch organinzations. Local civil affairs offices should rigorously control civil society organizations with broadly defined missions and those with unclear limits. They should prohibit the establishment of qigong organizations, organizations directed at specific groups (such as veterans groups, laid-off workers, or laborers), clans, or organizations that are detrimental to natural ethnic solidarity or those that contradict national laws and regulations. After completing the procedures for registration, the Ministry of Civil Affairs should effectively control and regulate the composition and number of civil society organizations, ensure the complementary growth of civil society organizations with local social and economic development, and safeguard social and political stability. We must strengthen the ability of sponsor organizations and registration and management organs to carry out their work of supervising civil society organizations. Party committees and governments at all levels must attach great importance to this aim. During reform of the government, efforts should be made to augment the ability to manage civil society organizations. On the basis of work responsibilities and types, personnel assignments should be made, and cadres with excellent political skills, good quality, and with outstanding styles of work should fill the ranks of those responsible for managing civil society organizations. There should be job responsibilities, a post, and specialists to carry out these management obligations. Necessary funds should be allocated and funding must particularly be assured for handling cases. 3. Accelerate the Development of the Rule of Law and Perfect a System of Laws and Regulations for the Management of Social Organizations. Work must promptly begin on studying, drafting, and regularizing standards and regulations for the establishment of domestic civil society organizations by foreigners and persons from Hong Kong, Macau, and Taiwan, and these regulations issued and put into effect at an early date. Revisions should be made as soon as possible to the “Rules for Managing Foundations.” All locales should practically implement the “Regulations for the Registration and Management of Social Organizations” (State Council #250), and the “Temporary Measures for the Registration and Management of Non-Commercial, Non-Governmental Enterprises” (State Council #251). The Ministry of Civil Affairs, along with relevant bureaus, should research and draft, then establish and perfect, rules and regulations regarding the management of administration, tax revenue, financial affairs, accounting, receipts, employment, wages, and the personnel of social organizations as soon as possible, so as to assure that the work of managing social organizations has a basis in law. 4. Strengthen the Mechanisms for Self-Discipline and Elevate the Quality of China’s Social Organizations. Civil society organizations must set up and perfect a democratic system of decision making based on the organizational charter, a system of financial management, a system of assessing rewards and punishments, a system for reporting important events, and a system for accepting and publicizing financial donations. Sponsor organizations as well as registration and management organs must implement a rigorous system for reviewing organizations’ charters, supervise civil society organizations’ observation of their scope of activity set out in their approved charter, and strengthen the annual inspection of civil society organizations; establish a system of reporting, and use news and public opinion as a means of supervision and control. Civil society organizations are strictly prohibited from developing open or covert vertical lines of command and systems of organizational networks. Civil society organizations that have imperfect internal workings are ordered to proceed with their clean-up and reform. Registration and management bureaus must punish, according to law, civil society organizations that violate their charters, the interests of their members, or violate laws or party discipline. In this way, registration and management organs will assist civil society organizations in their efforts to self-police and self-manage. 5. Standardize the Activities of Civil Society Organizations with Foreign Ties. Civil society organization activities that involve foreign ties must strictly observe national laws, regulations, and policies. They may not accept foreign civil society organizations as members. They may not in principle elect or invite a foreigner to act in a position of real leadership (president, vice-president, and secretary general). If they truly need to admit a small number of foreigners as members or in honorary positions, it should be done after approval by the sponsor organization and a record reported to the registration and management organ. Party members and cadres who must accept an invitation in a personal capacity to join a specialized or scholarly foreign group, or assume a position of leadership within that group should be approved according to the limitations on cadre management and relevant regulations. Civil society organizations which are invited into foreign-based civil society organizations as members must report to and receive the approval of the sponsor organization. When it becomes necessary to establish a representative organization outside China, the civil society organization must receive the approval of the sponsor organization and the registration and management bureau. Domestic civil society organizations that wish to work with Hong Kong based civil society organizations must do so in line with the “Central Party Committee and State Council Notice Concerning Questions on How to Handle Ties Between Chinese and Hong Kong Civil Society Organizations” (1999 #9). 6. Sternly Attack the Illegal Activities of Civil Society Organizations to Safeguard Social and Political Stability. Timely investigation and attacking illegal civil society organizations is an extremely sensitive job, requiring both firm resolution and attention to policy. Registration and management bureaus should ban unregistered groups that are conducting activities in the name of civil society organizations, as well as civil society organizations that have had their registration revoked yet continue to carry out activities, and confiscate their illegal property. Those responsible for crimes committed should be investigated in accordance with the law. Punishment for unlawful acts that do not constitute criminal offenses shall receive punishment according to law for public order violations. We must focus on striking at civil society organizations that oppose the Four Basic Principles or that harm national security and social stability. Efforts to strike must be done quickly and in accordance with the law, attempting to eliminate such organizations in their formative stages. Ringleaders who organize or plan destructive acts should receive criminal penalties according to law. Leaders of responsible departments and work units that offer support, financial assistance, and conditions of convenience for illegal civil society organizations should be investigated. In the course of investigating and prosecuting illegal civil society organizations, the principle of territorial jurisdiction must be insisted upon. Relevant departments must delegate responsibility according to their function, each performing its own duty, each performing its own responsibilities, closely cooperating, while using all of their capabilities to strike. 7. Realistically Strengthen the Leadership of and Guarantee Proper Political Direction for Civil Society Organizations. The key to the healthy development of civil society organizations lies in leadership. Party committees and government at all levels shall not only make the development of civil society organizations an important part of the transformation of government work, but they must also make the management of civil society organizations a daily part of Party and governmental work, comprehensively planning. Leading comrades must personally follow Ministry of Civil Affairs’ work reports, keep track of trends on the development and management of civil society organizations and timely investigate and resolve problems that emerge. They must also attach great importance to the construction of Party organizations within civil society organizations. All Party committees and Party organizations within the sponsor organization should strengthen their leadership in the matter of constructing Party organizations within civil society organizations, fully bringing into play the function of Party organizations and party members within civil society organizations, ensuring that all policies of the Party and state are carried out by the civil society organization, and ensuring that the civil society organization upholds proper political orientation. All areas and all bureaus must earnestly carry out the Central Party Organization Department and the Ministry of Civil Affairs “Notice Concerning Questions about the Development of Party Organizations within Social Organizations” (1998, #6). Civil society organizations (except specified ones) with three or more party members who are full-time employees or long-term, part-time employees must, before June 30, 2000 establish a Party organization. This Party organization must strengthen ideological and political work, educate party members within civil society organizations and raise their awareness of the importance of abiding by Party discipline, carry out the party line, guiding principles and policies, firmly adhere to the party standpoint on questions of principle, bring into play the model actions of the Party vanguard and protect the fighting capacity of basic level party organizations. All provinces, autonomous regions, directly administered municipalities, central and national bureaus and relevant departments should unite to formulate and carry out the measures contained in this notice, and shall before year’s end report on such implementation to the Central Committee and the State Council.
Communist Party Central Committee and State Council Circular on Strengthening Management of Civil Society Organizations (Central Office [1999] #34, November 1 1999) To the Party committees and people’s governments of all provinces, autonomous regions, and directly administered municipalities; Party committees of all regional military districts; Central Party and government organs; each general department of the Central Military Commission; Party committees of all branches of the military; and all people’s organizations: Since the beginning of the reform period, many types of civil society organizations have quickly developed in China, touching on many aspects of social life. These social organizations have had important effects on political, economic, and cultural matters in China. The Central Committee of the Communist Party and the State Council attach great importance to the work of developing and managing civil society organizations. In the past few years they have taken a series of remarkably successful steps. Currently, Chinese social organizations have undergone the first stage of cleanup and reform. There are more than 165,000 social organizations. This number is down from 200,000 in 1996 but with an increase in their quality. Non-governmental, non-commercial enterprises have begun to be included in a system of management according to rule of law. In sum, the development of civil society organizations in our country has been healthy, serving as a bridge between Party and government and the people, playing an ever broader positive role in establishing a socialist spiritual civilization and material civilization. We should, however, be vigilant. There still exist many problems concerning the development and management of civil society organizations that warrant our attention. Principally, there are still leaders of some regions and departments that have not devoted sufficient attention to leading the work of managing civil society organizations. Registration and management bureaus and sponsor organizations have yet to effectively implement a dual responsibility system. The strength of administrative management is woefully insufficient, and laws and regulations have yet to be perfected. The structure of civil society organizations is not sufficiently reasonable. The self-discipline of the organizations is not yet universal, in some places there are no rules to follow, in others the existing rules are ignored, and in some cases illegal activities and violations of party discipline have taken place. Civil society organizations have not universally established party organizations within their organizations. We must pay careful attention to some new problems that have arisen with recent developments: -- Hostile Western forces have used civil society organizations to “legally” combat China. They commonly take the form of civil society organizations, and under the cover of academic research or charitable donations, and by subsidies and cooperation, try to fulfill their strategy of “Westernizing” and “splitting” China. Since September 1998, under the connivance of hostile foreign forces, some domestic hostile forces organized and brazenly established the “China Development Federation,” and other such civil society organizations, which aimed to overturn the Four Basic Principles (of Deng Xiaoping). They formulated and implemented reactionary political platforms and arrogantly professed their intention of taking power. -- Illegal civil society organizations are increasing in number and their activities are rampant. In the first half of 1999, 35 illegal civil society organizations were uncovered in Beijing alone, an increase of 23% over the same period in 1998. The activities of these illegal organizations are hidden and highly destructive. Some carry out acts of sabotage in realms such as politics, economics, religion, and ethnic affairs. Some attempt to use the unresolved and sensitive problems of our country’s reform process to plot the establishment of organizations such as “Laid-Off Workers Associations,” “Veterans Associations,” and “Part-time Worker’s Associations,” in an attempt to manufacture disturbances. Some register abroad and conduct activities within our borders to confront us. Some illegal civil society organizations have extremely complicated international backgrounds. -- The number of qigong organizations is exploding. According to incomplete statistics, qigong-based social organizations that are registered at all levels of the Ministry of Civil Affairs alone now number 1760, involving nearly 100 methods of qigong. Some people use the pretense of healthful qigong exercises to spread ignorant superstitions, defraud others of money, and even oppose the government, the people, and rational beliefs. “Falun Dafa Research Association” and its “Falun Gong” organization are prominent examples. -- Foreigners in China and people from Hong Kong, Macau, and Taiwan have independently established civil society organizations. Within China, many places have seen the emergence of federations, foundations, clubs, alliances, and branches of foreign civil society organizations established by foreigners and people from Hong Kong, Macao, and Taiwan. These organizations are not only abnormally active in those parts of China but some also recruit local members, carry out illegal activities, and attempt to permeate and destroy our country. In order to strengthen the management of civil society organizations within China, the Central Committee of the Communist Party and the State Council approve and put forward the following demands: 1. Unify Thinking, Raise Party Awareness of the Great Significance of Strengthening the Work of Managing Social Organizations. Excellent management and leadership of civil society organizations will bring about their positive utility; the alternative will lead to negative and destructive behavior on their part. Lawfully strengthening the management of civil society organizations is one component of establishing a modern socialist nation, is part of fulfilling the basic plans put forth by the 15th Party congress toward building a socialist country based on the rule of law, and is one of the more formidable and pressing tasks placed before us today. When approaching the issue of civil society organizations we should not single-mindedly concern ourselves with their numbers. What is more important is their quality and whether or not they are able to bring about positive results for society. This creates an urgent need to strengthen their leadership and management. Starting now, the focus of our management of civil society organizations should lay in raising their overall quality; we cannot at any time slacken in our supervision and management work. At present, we must attentively work at striking against those hostile and illegal civil society organizations. Those illegal organizations which have as their goal opposition to the Four Basic Principles represent a great and hidden danger to China’s political and social stability. The struggle with them is a serious political struggle, affecting the fate of the Party, affecting the success or failure of socialism, and affecting the essential interests of the masses. We must seriously deal with this and unceasingly strengthen our sense of political responsibility and sensitivity, and be fully aware of the importance, the protracted nature, and the complexity of this struggle. At all times we must be on guard against the attempts of foreign and domestic elements to infiltrate, subvert, and divide. We must nip evil in the bud, stop all leaks, with all our strength uphold social and political stability, and never lower our guard. Leadership responsibility systems should be implemented as to the management of civil society organizations. All areas and bureaus must unceasingly raise their recognition of and their joint management of civil society organizations in order to ensure their healthy development. 2. Firmly Implement Dual Management Systems; Further Enhance the Strength of Management. The “Central Party Committee and State Council Notice on Strengthening the Management of Social Organizations and Non-Commercial, Non-Governmental Organizations” (central office #22 [1996]), clearly provides for putting into practice a dual management system toward civil society organizations, comprised of sponsor organizations and registration and management bureaus. This management system is the core component of strengthening the management of civil society organizations and must be fully implemented. Sponsor organizations must be responsible for civil society organizations’ registration application, ideological and political work, establishment of Party organizations, financial and personnel administration, research and discussion activities, foreign ties, the acceptance of foreign donations and aid, and ensuring that organizations’ activities are carried out according to the organization charter. The registration and management bureau should carry out examination and approval for civil society organizations in accordance with the law, research and formulate relevant policies and regulations and put them into effect, guide and supervise all activities of civil society organizations, and lawfully investigate and punish violators of laws and party discipline. When problems related to one of the above mentioned obligations arise, aside from determining the relevant responsibility of the responsible person in the civil society organization, the responsibility of key leaders in the sponsor organizations and the registration and management organs should be assessed as well in accordance with their work responsibilities. The registration and management bureau must firmly adhere to the standards and procedures for examining and approving the registration of civil society organizations. Leading cadres from all levels of party and governmental organs must pay attention to politics, cannot practice favoritism, and should not interfere with the examination and approval process of the registration and management bureau. Except for those social organizations clearly exempted from registration by the “Regulations on the Registration and Management of Social Organizations” (State Council #250), all civil society organizations must be lawfully registered by the Ministry of Civil Affairs; no other governmental bureaus have the right to register social organizations or issue certification. For any bureau that violates the above regulations, the responsible cadre will be investigated and punished. Organizations approved and established as internal components of governmental bureaus, organizations, and state-run enterprises and institutions cannot carry out activities in society. The work of cleaning up and reorganizing social organizations should be continued in a dedicated and detailed manner; all branches or representative offices of organizations should be completely cleaned up. Social organizations may not establish regional branch organinzations. Local civil affairs offices should rigorously control civil society organizations with broadly defined missions and those with unclear limits. They should prohibit the establishment of qigong organizations, organizations directed at specific groups (such as veterans groups, laid-off workers, or laborers), clans, or organizations that are detrimental to natural ethnic solidarity or those that contradict national laws and regulations. After completing the procedures for registration, the Ministry of Civil Affairs should effectively control and regulate the composition and number of civil society organizations, ensure the complementary growth of civil society organizations with local social and economic development, and safeguard social and political stability. We must strengthen the ability of sponsor organizations and registration and management organs to carry out their work of supervising civil society organizations. Party committees and governments at all levels must attach great importance to this aim. During reform of the government, efforts should be made to augment the ability to manage civil society organizations. On the basis of work responsibilities and types, personnel assignments should be made, and cadres with excellent political skills, good quality, and with outstanding styles of work should fill the ranks of those responsible for managing civil society organizations. There should be job responsibilities, a post, and specialists to carry out these management obligations. Necessary funds should be allocated and funding must particularly be assured for handling cases. 3. Accelerate the Development of the Rule of Law and Perfect a System of Laws and Regulations for the Management of Social Organizations. Work must promptly begin on studying, drafting, and regularizing standards and regulations for the establishment of domestic civil society organizations by foreigners and persons from Hong Kong, Macau, and Taiwan, and these regulations issued and put into effect at an early date. Revisions should be made as soon as possible to the “Rules for Managing Foundations.” All locales should practically implement the “Regulations for the Registration and Management of Social Organizations” (State Council #250), and the “Temporary Measures for the Registration and Management of Non-Commercial, Non-Governmental Enterprises” (State Council #251). The Ministry of Civil Affairs, along with relevant bureaus, should research and draft, then establish and perfect, rules and regulations regarding the management of administration, tax revenue, financial affairs, accounting, receipts, employment, wages, and the personnel of social organizations as soon as possible, so as to assure that the work of managing social organizations has a basis in law. 4. Strengthen the Mechanisms for Self-Discipline and Elevate the Quality of China’s Social Organizations. Civil society organizations must set up and perfect a democratic system of decision making based on the organizational charter, a system of financial management, a system of assessing rewards and punishments, a system for reporting important events, and a system for accepting and publicizing financial donations. Sponsor organizations as well as registration and management organs must implement a rigorous system for reviewing organizations’ charters, supervise civil society organizations’ observation of their scope of activity set out in their approved charter, and strengthen the annual inspection of civil society organizations; establish a system of reporting, and use news and public opinion as a means of supervision and control. Civil society organizations are strictly prohibited from developing open or covert vertical lines of command and systems of organizational networks. Civil society organizations that have imperfect internal workings are ordered to proceed with their clean-up and reform. Registration and management bureaus must punish, according to law, civil society organizations that violate their charters, the interests of their members, or violate laws or party discipline. In this way, registration and management organs will assist civil society organizations in their efforts to self-police and self-manage. 5. Standardize the Activities of Civil Society Organizations with Foreign Ties. Civil society organization activities that involve foreign ties must strictly observe national laws, regulations, and policies. They may not accept foreign civil society organizations as members. They may not in principle elect or invite a foreigner to act in a position of real leadership (president, vice-president, and secretary general). If they truly need to admit a small number of foreigners as members or in honorary positions, it should be done after approval by the sponsor organization and a record reported to the registration and management organ. Party members and cadres who must accept an invitation in a personal capacity to join a specialized or scholarly foreign group, or assume a position of leadership within that group should be approved according to the limitations on cadre management and relevant regulations. Civil society organizations which are invited into foreign-based civil society organizations as members must report to and receive the approval of the sponsor organization. When it becomes necessary to establish a representative organization outside China, the civil society organization must receive the approval of the sponsor organization and the registration and management bureau. Domestic civil society organizations that wish to work with Hong Kong based civil society organizations must do so in line with the “Central Party Committee and State Council Notice Concerning Questions on How to Handle Ties Between Chinese and Hong Kong Civil Society Organizations” (1999 #9). 6. Sternly Attack the Illegal Activities of Civil Society Organizations to Safeguard Social and Political Stability. Timely investigation and attacking illegal civil society organizations is an extremely sensitive job, requiring both firm resolution and attention to policy. Registration and management bureaus should ban unregistered groups that are conducting activities in the name of civil society organizations, as well as civil society organizations that have had their registration revoked yet continue to carry out activities, and confiscate their illegal property. Those responsible for crimes committed should be investigated in accordance with the law. Punishment for unlawful acts that do not constitute criminal offenses shall receive punishment according to law for public order violations. We must focus on striking at civil society organizations that oppose the Four Basic Principles or that harm national security and social stability. Efforts to strike must be done quickly and in accordance with the law, attempting to eliminate such organizations in their formative stages. Ringleaders who organize or plan destructive acts should receive criminal penalties according to law. Leaders of responsible departments and work units that offer support, financial assistance, and conditions of convenience for illegal civil society organizations should be investigated. In the course of investigating and prosecuting illegal civil society organizations, the principle of territorial jurisdiction must be insisted upon. Relevant departments must delegate responsibility according to their function, each performing its own duty, each performing its own responsibilities, closely cooperating, while using all of their capabilities to strike. 7. Realistically Strengthen the Leadership of and Guarantee Proper Political Direction for Civil Society Organizations. The key to the healthy development of civil society organizations lies in leadership. Party committees and government at all levels shall not only make the development of civil society organizations an important part of the transformation of government work, but they must also make the management of civil society organizations a daily part of Party and governmental work, comprehensively planning. Leading comrades must personally follow Ministry of Civil Affairs’ work reports, keep track of trends on the development and management of civil society organizations and timely investigate and resolve problems that emerge. They must also attach great importance to the construction of Party organizations within civil society organizations. All Party committees and Party organizations within the sponsor organization should strengthen their leadership in the matter of constructing Party organizations within civil society organizations, fully bringing into play the function of Party organizations and party members within civil society organizations, ensuring that all policies of the Party and state are carried out by the civil society organization, and ensuring that the civil society organization upholds proper political orientation. All areas and all bureaus must earnestly carry out the Central Party Organization Department and the Ministry of Civil Affairs “Notice Concerning Questions about the Development of Party Organizations within Social Organizations” (1998, #6). Civil society organizations (except specified ones) with three or more party members who are full-time employees or long-term, part-time employees must, before June 30, 2000 establish a Party organization. This Party organization must strengthen ideological and political work, educate party members within civil society organizations and raise their awareness of the importance of abiding by Party discipline, carry out the party line, guiding principles and policies, firmly adhere to the party standpoint on questions of principle, bring into play the model actions of the Party vanguard and protect the fighting capacity of basic level party organizations. All provinces, autonomous regions, directly administered municipalities, central and national bureaus and relevant departments should unite to formulate and carry out the measures contained in this notice, and shall before year’s end report on such implementation to the Central Committee and the State Council.
Title (Chinese)
中共中央办公厅、国务院办公厅关于进一步加强民间组织管理工作的通知
Body (Chinese)
中共中央办公厅、国务院办公厅关于进一步加强民间组织管理工作的通知（中办发［1999］34号 1999年11月1日）各省、自治区、直辖市党委和人民政府，各大军区党委，中央和国家机关各部委，军委各总部、各军兵种党委，各人民团体： 改革开放以来，我国各类民间组织发展迅速，涉及社会生活的诸多方面，已成为对我国政治、经济、文化等领域有重要影响的社会组织。党中央、国务院高度重视民间组织的发展与管理工作，近几年采取了一系列措施，取得了显著成效。目前，我国社会团体经过前一阶段的清理整顿，总数为16.5万多个，虽然数量比1996年的20多万个有所减少，但质量有所提高；民办非企业单位开始纳入法制化管理轨道。从总体上看，我国民间组织发展是健康的，作为党和政府联系群众的桥梁和纽带，在社会主义精神文明和物质文明建设中正发挥着越来越广泛的积极作用。 但是，应当清醒地看到，目前我国民间组织的发展和管理工作仍存在不少值得注意的问题。主要是：有些地方和部门的领导对民间组织管理工作没有引起足够重视，登记管理机关和业务主管单位双重负责的管理体制未能得到有效落实，行政管理力量严重不足，有关法律法规尚不健全。各类民间组织结构不够合理。民间组织的自律机制尚未普遍建立，无章可循、有章不循，甚至违法违纪现象时有发生。民间组织中尚未普遍建立党的组织。特别值得注意的是，最近一段时间，又出现了一些新情况，暴露出一些新问题： －－西方敌对势力利用民间组织同我进行"合法"斗争。他们往往以民间组织的身份出现，以学术研究或慈善捐赠为掩护，以资助、合作为手段，对我实施"西化"、"分化"战略。1998年9月以来，受境外敌对势力的操纵，国内一些敌对分子有组织、有预谋地公然成立"中国发展联合会"等一批以反对四项基本原则为目的的民间组织，制定并实施反动的政治纲领，宣称要上台、要执政，气焰十分嚣张。 －－非法民间组织增多，活动猖獗。1999年上半年，仅北京市就发现非法民间组织35个，比1998年同期增长23%。这些非法民间组织活动隐蔽，有很大的破坏性。有的在政治、经济、宗教、民族等领域进行破坏活动；有的利用我国改革过程中尚待解决的敏感问题，策划成立"下岗工人协会"、"退伍军人协会"、"打工者协会"等组织，企图制造事端；有的采取境外注册、境内活动的方式与我斗争。一些非法民间组织有相当复杂的国际背景。 －－气功组织泛滥。据不完全统计，仅在全国各级民政部门登记的气功类社会团体就达1760多个，涉及近百个气功功法；一些人打着气功健身的幌子搞愚昧迷信、诈骗钱财，甚至进行反政府、反人类、反科学的活动。"法轮大法研究会"及其操纵的"法轮功"组织就是一个突出的例子。 －－外国人在华和港澳台人士在内地擅自设立民间组织。不少地方出现了外国人和港澳台人士设立的联合会、基金会、俱乐部、同盟会以及境外民间组织的分会。这些组织不仅在当地异常活跃，有的还跨地区发展会员，从事非法活动，对我国进行渗透、破坏。 为了进一步加强我国民间组织的管理工作，经党中央、国务院同意，现提出以下要求： 一、统一思想，提高全党对加强民间组织管理工作重大意义的认识 民间组织管理、引导得好，其积极作用就会得到充分发挥；反之，则会带来消极甚至破坏作用。依法加强对民间组织的管理，是建设社会主义现代化强国的重要组成部分，是落实党的十五大提出的依法治国、建设社会主义法治国家基本方略的重要内容，是摆在我们面前的一项紧迫而艰巨的任务。对待民间组织，不能片面追求数量，重要的是看质量，看它能否发挥积极的社会作用。这就迫切需要对其加强引导和管理。今后，我国民间组织管理工作的重心要放在提高民间组织的整体素质上，监督管理工作任何时候都不能放松。当前，要注意抓好打击敌对非法民间组织的工作。那些以反对四项基本原则为目的的非法组织对我国社会政治稳定构成了重大隐患，危害极大。同他们的斗争；是严肃的政治斗争，关系到党的命运，关系到社会主义的成败，关系到人民群众的根本利益。我们必须认真对待，不断增强政治责任感和敏锐性，充分认识这一斗争的重要性、长期性和复杂性，时刻警惕国内外敌对势力的渗透、颠覆和分裂活动，防微杜渐，堵塞漏洞，全力维护好社会政治稳定，决不能掉以轻心。对加强民间组织管理工作，要实行领导负责制。各地区、各部门要不断提高认识，齐抓共管，确保民间组织健康发展。 二、认真落实双重负责的管理体制，进一步加大管理力度 《中共中央办公厅、国务院办公厅关于加强社会团体和民办非企业单位管理工作的通知》（中办发［1996］22号）中明确规定，对民间组织实行业务主管单位和登记管理机关双重负责的管理体制。这一管理体制是加强民间组织管理工作的核心内容，必须切实予以落实。业务主管单位应对民间组织的申请登记、思想政治工作、党的建设、财务和人事管理、研讨活动、对外交往、接受境外捐赠资助、按章程开展活动等事项切实负起责任。登记管理机关要依法开展民间组织的登记审批工作，研究制定有关政策规定并组织实施，指导和检查监督民间组织的各项活动，依法查处违法违纪行为。在上述哪个方面出了问题，除视情节追究民间组织负责人的责任外，还要根据职责分工，分别追究业务主管单位和登记管理机关主要领导的责任。要严格把好登记审批关，登记管理机关必须坚持登记标准，严格按登记程序办理登记审批手续。各级党政领导干部要讲政治，不能徇私情，干预登记管理机关的审批工作。除《社会团体登记管理条例》（国务院令第 250号）明确规定可以免予登记的社会团体以外，所有民间组织都必须依法由民政部门统一登记，其他任何部门无权登记、颁发证书。无论哪个单位违反上述规定，都要追究其负责人的责任。机关、团体、企事业单位经本单位批准成立的内部团体，不得在社会上活动。对社会团体清理整顿工作要继续抓紧抓细，要对社会团体设立的分支机构、代表机构进行全面清理，社会团体不得设立地域性的分支机构。各地民政部门要严格控制业务宽泛、不易界定的民间组织，禁止设立气功功法类、特定群体（退伍军人、下岗待业人员、打工者等）类、宗族类和不利于民族团结的民间组织以及与国家法律法规相悖的民间组织。通过登记手段，对民间组织的结构和总量进行有效调控，确保民间组织与当地经济和社会协调发展，维护社会政治稳定。目前，要加强业务主管单位和登记管理机关的力量以适应民间组织管理工作的需要。各级党委和政府对此要予以足够重视。在机构改革中，要加强民间组织管理力量，根据工作任务和性质核定编制，选派政治强、素质好、作风正的优秀干部充实民间组织管理队伍，做到有职能、有岗位、有专人，切实履行管理职责。要核拨必要的业务经费，尤其要保证办案经费。 三、加快法制建设，完善民间组织管理的法律法规体系 要抓紧研究起草规范外国人在华和港澳台人士在内地设立民间组织的法规，力争早日发布实施；尽快修订《基金会管理办法》。各地可根据实际情况，制定《社会团体登记管理条例》（国务院令第250号）和《民办非企业单位登记管理暂行条例》（国务院令第251号）的实施办法。民政部门要会同有关部门尽快研究起草或制定和完善关于民间组织的人事管理、税收、财务、会计、票据、用工、工资和员工社会保障等规章，确保民间组织管理工作有法可依。 四、强化民间组织的自律机制，提高我国民间组织的整体素质 民间组织要建立健全以章程为主的民主决策制度、财务管理制度、考核奖惩制度、重大事项报告制度和接受捐赠公示制度。业务主管单位和登记管理机关要实行严格的章程审核制度，监督民间组织按照核定的章程和业务范围开展活动，加强对民间组织的年度检查，建立举报制度，发挥新闻舆论的监督作用。严禁民间组织之间建立垂直领导或变相垂直领导关系和组织网络系统。要责令内部制度不健全的民间组织进行整改；对违反章程、损害会员利益、违法违纪的民间组织，登记管理机关要依法处罚，从而帮助和督促民间组织进行自我约束、自我管理。 五、规范民间组织涉外交往活动 民间组织在涉外交往活动中要严格遵守国家的有关法律法规和政策，不得吸纳境外民间组织为单位会员，原则上不推选或聘请境外人士担任实职性领导职务（会长、副会长和秘书长），确需吸收少量境外人士为个人会员或担任名誉性职务的，由业务主管单位按有关规定审批，并报登记管理机关备案。党员、干部如确需以个人身份应邀加入境外专业、学术性团体或担任该团体有关职务的，按干部管理权限和有关规定审批。民间组织应邀以单位会员名义加入境外民间组织，必须报业务主管单位批准。确因工作需要在境外设立代表机构的，必须报业务主管单位和登记管理机关批准。内地民间组织与香港民间组织交往，按《中共中央办公厅、国务院办公厅关于转发{国务院港澳事务办公室关于处理内地与香港民间交往有关问题的意见的通知》（厅字［1999］9号）执行。 六、严厉打击非法民间组织的违法犯罪活动，维护社会政治稳定 及时查处和打击非法民间组织，是一项十分敏感的工作，既要坚决果断，又要注意政策。对未经登记擅自以民间组织名义进行活动的，或者被撤销登记的民间组织继续以民间组织名义进行活动的，由登记管理机关予以取缔，没收非法财产；构成犯罪的，要依法追究刑事责任；尚不构成犯罪的违法行为，要依法给予治安管理处罚。对那些以反对四项基本原则为目的、危害国家安全和社会稳定的敌对非法民间组织，要重点进行打击。打击敌对非法民间组织的破坏活动，要依法从严从快，力争消除在萌芽阶段。对组织、策划破坏活动的首要分子和骨干，触犯刑律的要坚决依法追究刑事责任。对为非法民间组织提供支持、资助和便利条件的部门和单位，要追究其主要领导人的责任。对非法民间组织的查处，要坚持属地管辖的原则。各有关部门要按照职能分工，各司其职，各负其责，紧密配合，充分发挥整体打击优势。 七、切实加强领导，保证民间组织正确的政治方向 民间组织能否健康发展，关键在于领导。各级党委和政府不仅要把民间组织的发展作为转变政府职能的一个重要手段和内容，而且要将民间组织管理工作作为党和政府的一项重要工作提到议事日程，全面规划，统筹安排，综合协调。领导同志要亲自抓，经常听取民政部门的工作汇报，掌握民间组织发展和管理的动态，及时研究、解决工作中出现的问题。要重视和加强民间组织中党组织的建设。各级党委和各业务主管单位党组织要切实加强对民间组织中党组织建设工作的领导，充分发挥党组织和党员在民间组织中的作用，保证党和国家的各项方针政策在民间组织中贯彻执行，保证民间组织坚持正确的政治方向。各地区、各部门要认真执行中央组织部、民政部《关于在社会团体中建立党组织有关问题的通知》（组通字［1998］6号）精神。民间组织（特定组织除外）常设机构专职工作人员和长期兼职人员中，凡是有正式党员3人以上的，2000年6月30日以前都必须建立起党的组织。要切实加强思想政治工作，教育民间组织内的党员自觉遵守党的纪律，认真贯彻党的路线、方针和政策，在重大原则问题上要立场坚定，充分发挥党员的先锋模范作用和基层党组织的战斗堡垒作用。 各省、自治区、直辖市，中央和国家机关有关部门要结合实际制定贯彻本通知的具体办法，并于年底前将贯彻落实情况报党中央、国务院。