Introduction of the New Measures
(China – March 2, 2025) On February 13, the Ministry of Civil Affairs of China issued the Measures to Ban Illegal Social Organizations (hereinafter referred to as the Measures), consisting of 23 articles, which will come into effect on May 1, 2025.
The new Measures include significant revisions compared to the previous version. The title of the regulations has been updated, and social organizations deemed illegal will be subject to banning.
Key Provisions in the Measures
Article 3 of the Measures stipulates that organizations operating without registration under the name of a social group, foundation, or private non-enterprise unit, those conducting activities beyond the approved preparatory phase during the period of their establishment, and those continuing to operate under the name of a social group, foundation, or private non-enterprise unit after being deregistered all fall under the scope of banning.
Article 4 of the Measures specifies that the enforcement of bans is determined by the jurisdictional level of the illegal organization. Article 4 stipulates that the responsibility for banning illegal social organizations falls on the county-level registration and administration authority of where the violations occur. If violations span multiple counties, the higher-level registration administration authority is responsible or may designate a lower-level authority to enforce the ban. For cases that span provinces (autonomous regions or municipalities), the Ministry of Civil Affairs of the State Council is responsible for enforcement, or it may delegate the responsibility to relevant registration administration authorities. The new Measures expand the scope of responsible authorities compared to the previous version.
Encouraging Public Reporting
Article 7 of the new Measures encourages reporting and states that addressing illegal social organizations is a systematic project that requires coordinated efforts from the government, society, and the public. Any individual or organization has the right to report illegal social organizations to the registration administration authorities.
According to China Youth Daily, a relevant official from the Ministry of Civil Affairs’ Social Organization Administration Bureau stated that the public can report leads about illegal social organizations through the “Complaint and Report” section of the China Social Organization Government Service Platform or by contacting their local civil affairs department. The Measures explicitly outline the public’s right and means to report illegal social organizations to registration administration authorities, requiring registration administration authorities at all levels to publicly disclose reporting hotlines, mailboxes, or email addresses.
Stricter Enforcement Provisions
Compared to the previous Interim Measures, the new Measures introduce stricter enforcement provisions in Article 10. Registration administration authorities, when investigating cases, may question units and individuals suspected of being involved in illegal social organizations, enter suspected activity locations for on-site inspections and review and copy relevant contracts, receipts, account books, vouchers, meeting minutes, promotional materials, and other documents. They may also inspect seals and logos and, if necessary, conduct audio and video recordings, take photographs, and retain electronic data.
The previous Interim Measures only prescribed a single method of handling illegal social organizations, which is banning the organization. However, the new Measures state that, in practice, to improve administrative enforcement efficiency while maintaining the fundamental principle of strict crackdowns, the regulations introduce alternative measures for cases where a ban is not imposed. These include administrative penalties, public security management penalties, and even criminal prosecution.
The newly issued Measures will replace the Interim Measures to Ban Illegal Civil Organizations, which were issued by the Ministry of Civil Affairs on April 10, 2000, and consist of a total of 23 articles.
Implications for Religious Communities
Chinese law stipulates that “everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of their interests.” However, this remains a nominal right, as authorities impose various provisions to restrict when citizens attempt to exercise the legal rights granted to them.
Some religious analysts worry that the introduction and implementation of the Measures to Ban Illegal Social Organizations could target unregistered house churches and underground Catholic churches that refuse to join the official Chinese Catholic patriotic association. The new law could intensify persecution against clergy and believers who refuse to register with government authorities. If these religious groups have been listed as illegal social organizations and have not registered with the Ministry of Civil Affairs, they will be declared illegal and subsequently banned by the ministry. It would be an absurd matter.
(Reported by Special Correspondent Gao Zhensai of ChinaAid)
