On February 13, the Ministry of Civil Affairs of the People's Republic of China promulgated the "Measures for Banning Illegal Social Organizations," comprising 23 articles. The regulations will take effect on May 1, 2025.
Article 3 defines illegal social organizations as entities that operate as social organizations, foundations, or private non-enterprise entities without proper registration; those that engage in activities beyond the approved preparatory phase during their establishment period; or those that continue to operate in the name of social organizations, foundations, or private non-enterprise entities after their registration has been canceled.
Article 4 outlines the division of responsibilities for banning illegal social organizations, which shall remain with the county-level registration administrative organs at the locality of occurrence of the illegal act. If violations occur across multiple county-level authorities, the higher-level registration authority will take charge or designate a relevant lower-level authority to enforce the ban. The Ministry of Civil Affairs under the State Council of China is responsible for banning organizations operating across provinces (autonomous regions, or municipalities directly under the central government), or it may assign the task to relevant registration authorities.
Article 7 states that all entities and individuals are entitled to report any illegal social organization to the registration administrative organs.
Article 10 stipulates that registration administrative organs when investigating a case, may interview entities and individuals suspected of involvement in illegal social organizations. They are also authorized to enter suspected premises for on-site inspections, review and copy relevant documents such as contracts, bills, account books, vouchers, meeting minutes, and promotional materials, as well as examine seals and marks. Additionally, they may record audio, video, and photographs and preserve electronic data as needed.
According to Guang Ming Daily, a representative from the Social Organization Management Bureau of the Ministry of Civil Affairs stated that the "Measures" refine law enforcement procedures by adjusting and optimizing the banning process, enhancing standardization through provisions on case filing and approval, investigation and evidence collection, as well as inquiry and inspection. Regarding enforcement measures, the "Measures" specify that illegal social organizations with minor infractions and minimal social harm may avoid a banning decision if they voluntarily disband promptly following persuasion and education. Additionally, the "Measures" emphasize strengthened law enforcement cooperation, requiring that individuals and entities participating in or facilitating illegal social organizations be reported to relevant authorities for legal action. Those found to have committed crimes will be held criminally liable in accordance with the law.
