Circular of the General Offices of the Communist Party Central Committee and State Council On Strengthening the Management of Social Organizations and Non-Governmental, Non-Commercial Enterprises (CECC Full Translation)

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 on Strengthening the Management of Social Organizations and Non-Governmental, Non-Commercial Enterprises" jointly issued by the General Offices of the Central Party Committee and State Council on August 28, 1996. The Chinese text was retrieved from the Yichun University Web site on May 1, 2006. General Offices of the Central Committee of the Chinese Communist Party and State Council Central Party Committee and State Council Circular on Strengthening the Management of Social Organizations and Non-Governmental, Non-Commercial Enterprises Circular on Management Work From the Central Office, #22 (8 August, 1996) Since the third plenum of the eleventh Party congress, hand-in-hand with economic development and social progress, social organizations and non-governmental, non-commercial enterprises of all kinds have steadily risen in number. The number of national organizations, scholarly organizations, foundations, and other social organizations that have registered with the Ministry of Civil Affairs alone is more than 1800. At the local level, civil affairs officials have registered more than 200,000 social organizations. Besides this, a great number of private research institutions and consulting and research institutions providing technical information services have emerged. These social organizations and non-governmental, non-commercial enterprises can be found in all areas of society, and have a wider and wider positive role in the development of China’s society, economy, science and technology, and culture, as well as our foreign affairs. However, the development of social organizations and non-governmental, non-commercial enterprises also presents a not insignificant number of problems that require urgent solutions. The first is, because some social organizations and non-governmental, non-commercial enterprises are distributed over a relatively large area and the criteria for accepting new members are broad, there has emerged personnel confusion and organizational activities exceeding regulatory boundaries. Second, there are limits to the abilities of registration and management bureaus. The relationship between social organizations and non-governmental, non-commercial enterprises and their sponsor organizations may be weak, resulting in an ineffective administrative management system and an unclear division of responsibilities. Third, there are many holes in the work of managing social organizations and non-governmental, non-commercial enterprises. To date, many social organizations and non-governmental, non-commercial enterprises have not entered the system of registration and management, and some wantonly overstepped the boundaries of registration. Fourth, because in recent years some regions and bureaus have not exerted strong control, several social organizations and non-governmental, non-commercial enterprises, with the support and control of Western enemy forces, have used loopholes to scurry into China. The backbone of these organizations are members who were “essential elements” in the disturbances of the spring and summer of 1989, others are young and middle-aged intellectuals who have become enamored with the Western bourgeoisie world view, and others are scholars, specialists and other well-known persons who obstinately cling to notions of bourgeoisie liberalization. They brazenly propagate the mistaken viewpoints “The model for China’s modernization is the West,” and “Capitalism is the only road for China to follow,” in Taiwan, Hong Kong, domestic, and even party and governmental publications. They have close ties with anti-Chinese, anti-communist forces in the West, Hong Kong, and Taiwan; for political purposes they use the cover of research and study, and receive contributions and the duties entrusted to them by hostile foreign elements; they undertake investigations into the state of society, provide news and intelligence, and some even act as tools for hostile Western elements to permeate, subvert, and steal Chinese secrets. These civil society organizations, although not many in number but with very harmful results, have actually already become a front for hostile foreign forces within and outside China to publicly and “legally” challenge China, carry out ideological infiltration, organize, gather strength, and collect funds. This is a hidden danger threatening to destroy China’s political and social stability. In addition, in Beijing, Tianjin, Shanghai, the three northeastern provinces, as well as the open cities of the coastal areas, the past few years have seen the successive emergence of foreign, privately established friendship associations, overseas student associations, clubs, alien resident associations, as well as branches of foreign associations. Among these are a few that are not only extraordinarily active in their areas but also recruit members across provincial boundaries, and engage in illegal activities. We must maintain a high level of political vigilance against this, adopt effective measures, practically strengthen management, nip evil in the bud, plug holes, and take guard against hostile domestic and foreign forces that use social organizations and non-governmental, non-commercial enterprises to permeate China and undertake destructive activities. The Central Committee of the Communist Party and that State Council are in agreement on the following relevant measures: 1. Put in good order an administrative management system for social organizations and non-governmental, non-commercial enterprises. For the management of social organizations and non-governmental, non-commercial enterprises, China should implement an administrative management system of dual responsibility with a sponsor organization and a registration and management bureau. Sponsor organizations are responsible for the registration application, ideological and political thought, establishment of party organizations, financial and personnel administration, research and discussion activities, foreign ties, and financial aid of the social organizations and non-governmental, non-commercial enterprises under their control. Problems that arise in these areas are the responsibility of the sponsor organization. The primary responsibility of registration and management bureaus is the work of examining and approving social organizations and non-governmental, non-commercial enterprises, and studying, drafting, and putting into effect relevant regulations. They are also responsible for the examination and supervision, as well as guidance of activities by social organizations and non-governmental, non-commercial enterprises, lawfully investigating and prosecuting acts that violate the law. Only the Ministry of Civil Affairs, at all levels, may undertake the registration of social organizations and non-governmental, non-commercial enterprises. No other bureau has the right to approve social organizations or issue certification. 2. Clean up and reorganize all existing social organizations and non-governmental, non-commercial enterprises. The Ministry of Civil Affairs, along with sponsor organizations, will put forth a concrete plan to clean up and reorganize social organizations. During this year and the next they will phase in a universal plan to examine, arrange, and reorganize all social organizations. All social organizations and non-governmental, non-commercial enterprises must, according to relevant laws and regulations, undergo a process of registration and a yearly inspection. Under no circumstances may they refuse to register or undergo such an inspection. Research institutions and social and economic research institutions involved with ethnic affairs, religion and other social sciences, natural and other interdisciplinary sciences, youth groups, and groups that study the problems of women and children are particularly the subject of this cleanup. In order to strengthen the building of leadership, carry out the work of political ideology, and ensure the implementation of Party policies and national laws and regulations, internal Party organizations shall be established in social organizations and non-governmental, non-commercial enterprises under the leadership of the local Party organization or the Party organization of their sponsor organization. Social organizations and non-governmental, non-commercial enterprises that have foreign ties, or violate policies and laws, shall have their registration refused, or be given a period of time in which to reform, depending on the circumstances. When carrying out work of this type, particular attention must be paid to methods and strategies involved. We must strictly carry out the process of examining and approving new social organizations and non-governmental, non-commercial enterprises, control their numbers, and guard against unchecked expansion. During the period of clean up and reorganization, we should in principle temporarily cease the approval of new social organizations and non-commercial, non-governmental enterprises. 3. Establish and perfect a management system for the activities conducted by social organizations and non-governmental, non-commercial enterprises. When a social organization or non-governmental, non-commercial enterprise convenes a conference, it must file a report with its sponsor organization. The substance of that conference may not fall outside the bounds of the scope of activity for which that organization was registered. Extra-organizational scholarly activities in the fields of politics, economy, theory, and other social sciences should be approved by the sponsor organization after seeking an opinion from propaganda officials. Sponsor organizations must seek the opinion of the foreign affairs section prior to allowing academic conferences that will include foreign participants, investigate the backgrounds of those foreigners, then examine and approve the participation according to regulations, and provide timely notification to state security and public security bureaus. In complicated situations, or situations where the person’s background is unclear, the opinion of national security and public security bureaus should be sought first. When social organizations or non-governmental, non-commercial enterprises undertake the study or investigation of a social science issue raised by a foreign organization, it may do so only after receiving the approval of its sponsor organization. The opinion of national security and public security bureaus should be sought in cases where the background of the foreign organization is unclear or uncertain. When a social organization or non-governmental, non-commercial enterprise wishes to accept donations in order to set up a foundation (except for donations earmarked for disaster relief, poverty alleviation, or other normal causes), and if the possibility exists that the money comes from sources with a complicated background or one with political intentions, the sponsor organization, the People’s Bank of China, and the Ministry of Civil Affairs should, according to laws and regulations governing the management of foundations and national security, identify the basis of the source, amount, and purpose of the donation, and meticulously and in a timely manner file a report with state security and public security organs. When domestic religious or theological organizations accept donations from foreign religious organizations, relevant authorities should understand the background of that organization, cautiously handle the situation, and carefully make a final examination. Funds provided by hostile foreign elements must either be refused or confiscated. The Ministry of Civil Affairs should firmly and according to law investigate, and the People’s Bank of China, the Ministry of Public Security, and other relevant authorities should assist. In the event of activities independently carried out by unregistered and unauthorized social organizations and non-governmental, non-commercial enterprises, hereafter, any activity by a social organization or non-governmental, non-commercial enterprise that results in serious problem with a serious result, and is due to irresponsible or careless management and supervision by the sponsor organization, leaders of the sponsor organization and approval authorities will bear full responsibility. 4. Formulating relevant laws and regulations to bring the work of managing social organizations and non-governmental, non-commercial enterprises into the system of rule of law. In 1989, the State Council issued the “Regulations on the Registration and Management of Social Organizations.” Along with social development and changes, it is necessary to formulate concrete regulations for the functions, rights, obligations, and necessary conditions of social organizations and non-governmental, non-commercial enterprises, as well as the duties of registration and management bureaus, the responsibilities to be born by sponsor organizations, the associations formed by foreigners in China, and other important questions. The work of managing social organizations and non-governmental, non-commercial enterprises should be and standardized and brought within the rule of law. To this end, we should quickly revise the “Regulations on the Registration and Management of Social Organizations,” and simultaneously and as soon as possible formulate and issue “Regulations on the Registration and Management of Foreign Social Organizations in China,” and “Regulations on the Registration and Management of Non-Governmental, Non-Commercial Enterprises.” 5. Politically grasp the dissemination of public opinion. All levels of Party committees and all relevant authorities should strengthen their management and supervision, in accordance with relevant state laws, regulations, and policies, of their respective publications, radio stations, and television stations, and closely guard their political ties. Tools of propaganda and public opinion cannot provide a venue for the dissemination of the ideology of hostile foreign forces and liberal bourgeoisie elements. Cases where vigilance over ideology has slackened, where political consciousness has been lost, and hostile foreign elements and liberal bourgeoisie elements have availed themselves of loopholes and caused serious problems, or cases of conniving in and even participating in plots, providing a convenient forum for reactionary speech, should be investigated and prosecuted according to Party discipline and national law. The Ministry of Propaganda shall issue notices regarding any news report pertaining to any manner of academic conference and set rigorous demands. 6. Strengthen the work of investigation and control, strike domestic and foreign hostile elements, according to the law, who would use social organizations and non-governmental, non-commercial enterprises to carry out illegal activities. Public security and state security organs must carry out their own functions, cooperate closely, fully utilize all their battle strengths, strengthen the work of investigation and control in designated areas, integrate what is public and what is confidential, and maintain good intelligence on the illegal activities of domestic and foreign hostile elements. The appropriate bureaus should promptly and firmly strike against domestic and foreign hostile elements who, through foundations or scholarly associations, through lectures, discussions, and promises of financial assistance, carry out all manner of infiltrative, subversive, and destructive activities. Public security bureaus should collect evidence and along with other relevant bureaus handle those foreign religious personnel that carry out religiously infiltrative activities under the guise of working, teaching, cultural exchanges, investment, or other activities. When circumstances necessitate, public security and state security bureaus should take the initiative and circulate information about the enemy’s situation to relevant regions and departments. Relevant regions and departments should take steps to strengthen their links with specialized bureaus, share intelligence, as well as vigorously support and cooperate with the work of public security and state security bureaus. 7. Strengthen the organization of registration and management bureaus for social organizations and non-governmental, non-commercial enterprises. Party committees and government at all levels should fully recognize the importance of strengthening the management of social organizations and non-governmental, non-commercial organizations in order to promote reform, modernization, and uphold the importance of stability. They must adapt practical measures, strengthen the organization and personnel of registration and management bureaus for social organizations and non-governmental, non-commercial enterprises, replenish personnel ranks, allocate necessary funds, and strengthen the means of work. Registration and management bureaus should strengthen their ranks and professionalism, raise the quality of their personnel, and complete the work of registering, managing, and supervising social organizations and non-governmental, non-commercial enterprises.