The English language side of the China Development Brief website provides a guide to NGOs in China, an overview of rules for NGOs — no politics, no religion, no profit making activities. Prominent on the top page is a link to information on the activities of Chinese NGOs overseas.
The China Development Brief was founded by Nick Young in 1996. He kept at it until he was rewarded for his good work by being expelled from China in 2007. After that, the website was moribund for a few months. Then the Chinese language side by not the English language side became much busier and more useful than the stagnant English-language side. After some time, the English language side too became busier, although the Chinese language side remained much more useful.
Now the Chinese language side of the China Development Brief website has vanished into a takedown notice.
This take down is more honest than usual.
A check of the Internet Archive comes up with the last intact version — the version of August 17, 2021 of the Chinese language side of the CDB website. Apparently the website had to come down to scrub the names of NGOs that turned out to be perncicious and to take down some unhealthy information there. I have often seen PRC official take downs of PRC websites often masquerade as technical malfunctions. Makes me inclined to be cynical — or to borrow (or misuse?) Bill Bishop’s (of Sinocism newsletter fame) formulation sinocynical.
One might imagine that virtuous computer networks buckling under the load of ideological filth that some dissidents impose upon them? The Internet Archive is a great boon when you are looking for deleted items. Various dates of the China Development Brief are archived from 2005 onwards. https://web.archive.org/web/20050315000000*/http://www.chinadevelopmentbrief.org.cn/ Results will be in Chinese so the sino-illiterates will be forgiven if they run their result through Google Translate to spy the forbidden fruits hidden by the language barrier. August 24, the last archived date before the takedown would be a good choice. Entering the URL from the Internet Archive directly doesn’t work, but you could copy and paste the top page or other pages you bring up through there that are in Chinese into Google Translate to get an idea of what the censor’s problem with this material may have been.
This takedown breaks the mold.
I admit that I have been too cynical to study how honest website censorship has been lately, so this is probably not the only or early case. As someone use to the old ways, I exclaim An honest takedown! For the world to see! The takedown is based on the Ministry of Information Industry ministerial order #33 of 2005 dated February 8, 2005.
I have to give the Party totalitarians points for being honestly oppressive. Transparency! Rule according to law! The shortcoming becomes less about how the law is applied and enforced but about the laws and regulations themselves. Maybe this is progress? Tho I am not even a barefoot lawyer.
I am reminded of Professor Zhang Xuebo’s enlightening article “Observations on the History of Rule by Document 1982-2017” about China’s gradual transition towards something like the rule according to law. Still leaves the problem of what the law is I suppose.
Translation of the CDB Chinese language website takedown notice:
“This website cannot be visited for the time being because:
A case has been opened about this website according to the relevant laws of the Ministry of Industry and Information Technology
Legal basis: “Non-profit Internet information services case application management measures”
If you are an ordinary visitor to the site.
Please wait for the website application to be completed and and try to access it later.
If you are a website owner, the common reasons for website inaccessibility are as follows.
1. the site has not completed an application, or the record has not been completed or the application has not been completed by the access providing company.
2. the content of the site are not as described by the the information on file, the record files is inaccurate, or the website contains information not suitable for dissemination, etc.
Click to enter the record file management platform
Yet one sign among many of Chinese political weather this year as General Secretary Xi Jinping ‘runs’ for re-election.
Still on the English language side of the China Development Brief has many news items, including one on the many enforcement actions in Bejiing Muncipality alone against social organizations that have done wrong over the past year.
Headed by a cute photograph…maybe the Ministry of Industry and Information Technology just put one on the Chinese language side of the China Development Brief website. Fortunately there remains the Internet Archive to give an idea of just what the wrong information might be.
Nearly 200 Beijing social organizations sanctioned for breaking rules
Home > News > Nearly 200 Beijing social organizations sanctioned for breaking rules
2021-11-09
致诚社会组织
Beijing Municipal Civil Affairs Bureau imposed 177 administrative penalties on social organizations from 2020 to Oct 26, 2021, with punishments handed out to 79 social organizations, 49 foundations, and 49 private non-enterprise units.
Of the 177 administrative penalties, 101 organizations were given warnings, 54 were deregistered, three had their certificates revoked, and the rest were ordered to pause their activities for three, six or nine months.
One-hundred-and-four organizations were punished for failing to cooperate in a timely manner with their annual supervision and inspection by authorities, with these cases accounting for the majority of penalties issued. For example, Beijing Kangfu Aide Elderly Service Center received a warning in 2020 for not participating in the 2018 annual inspection and was deregistered in 2021 for failing to participate in the 2019 inspection, while Beijing China University Alumni Association was deregistered for not completing its annual supervision and inspection for three consecutive years, from 2017 to 2019.
The second most common infraction was inadequate public welfare expenditure, with 35 organizations punished. Beijing Yibang Charity Foundation received a warning in 2019 for spending only 0.26 percent of its net assets on charitable activities. Beijing Ruixin Renbo Charity Foundation was also given a warning for failing to spend any money on charitable activities.
Other groups were punished for reasons such as failing to carry out activities in accordance with the scope of their operations, misappropriating assets, failing to fulfill disclosure obligations, failing to register changes as required, setting up branch offices in violation of regulations, and failing annual inspections.
Information on the English-language side are nearly all news items — snapshots of good work being done in many places across China. Worthwhile information, but seen in the whole, quite a contrast to the analytical sector reports and critiques one might find on the China Development Brief website several years or a decade ago. One might contrast the items on this page, reports from April 2021 with the much more analytical reporting from 2011 that are still archived on the Internet Archive.
On the current China Development Brief English-language side one can click on the higher number pages — they range between 1 and 109 to dig in. It seems that one should not overthink things and editorial policy was guided to be along those lines.
Makes for quite a contrast between the eve of Xi Jinping to the top and the present day. Makes one remember fondly the days of that dangerous liberal General Secretary Hu Jintao!
The term ‘social organizations’ seems to be preferred (I noticed over a decade ago in China a proliferation of non-NGO names for NGOs) over the disappointing formulation non-government organization. With the Party and government being good and wise, one would imagine that social organizations are superfluous. What gives individuals the right to manage society? That is the job of the Party!
I admired very much the resurrection of the China Development Brief under local Chinese leadership after the Brief lost Nick Young, apparent from the revival of the Chinese side of the CDB website months after he was expelled. A success of training up local people to carry on. Despite Nick Young’s explusion, that is what success looks like.
From the Party’s perspective apparently the implantation of a dangerous virus. It is always important to keep in mind that ideological security is an aspect of PRC national security — calls for foreign states to lay off on ideological challenges and criticisms I suspect is a big part of the ‘i don’t get no respect’ tune one often hears from Beijing.
To be fair to the Party, the NGO people I met in China from my decade working in Beijing and Chengdu were remarkably open-minded, free thinking people. They seemed to have developed antibodies to the Party propaganda bath. One of them said that NGO work while worthwhile in itself, is excellent organizational training for the day when political organization against the Party becomes possible. So I do try to be fair, and observe that that Party’s paranoia is not entirely misplaced. Just because you are paranoid doesn’t mean that they aren’t out to get you.
These are just a few observations I am making mostly out of the top of my head. Research on the Internet Archive would provide a more detailed picture, a reflection of the effects of ideological weather on NGO work.
Shawn Hsieh’s 2012 “Special Report The Roles and Challenges of International NGOs in China’s Development” is useful.
Worth reading in full. The view in 2012, from the conclusion commenting on the role of international NGOs (INGO) in China:
At the same time, many things have not changed. INGOs still face a uncertain and
Special Report The Roles and Challenges of International NGOs in China’s Development” p. 31.
unclear regulatory environment that has changed little since the 1980s. Only a small
percentage of INGOs in China operate legally and most INGOs maintain a low profile
because of their ambiguous status, and yet their work is largely tolerated and even
welcomed by the Chinese government. In recent years, there have been signs of
improvement in the regulatory environment but progress remains slow and unsteady.
Yet as we have tried to show in this chapter, despite these challenges, INGOs have
managed to make a significant contribution to addressing China’s many development
challenges, while introducing new ideas, knowledge and best practices from more
developed countries that have experienced similar development issues. In this sense,
INGOs, like their private sector counterparts, have served as an important platform
for transferring resources and knowledge to help China catch up to developed
countries and reach higher standards of living. They have done this by collaborating
with a diverse group of stakeholders ranging from grassroots NGOs and communities
to central government ministries, working both from the top-down in influencing
decision makers and policy, and from the bottom-up in promoting participatory
governance and civil society approaches to addressing development problems. In the
future, as the regulatory environment improves and China influence and status rises in
the global community, the strategies of INGOs in China will undoubtedly change but
their roles will continue to be defined by their collaborative approach and
commitment to participatory approaches and civil society.
Appendix: Machine Translation of Ministry of Information Industry ministerial order #33 of 2005 dated February 8, 2005
Slightly massaged machine translation of relevant PRC Ministry of Information Technology ministerial order. Caveat lector: a machine translation can give you a good idea of the contents but shouldn’t be relied upon for business.
Ministry of Information Industry of the People’s Republic of China Order
No. 33
Non-Profit Internet Information Service Record Management Measures” has been adopted by the Ministry of Information Industry of the People’s Republic of China on January 28, 2005 at the 12th Ministerial Meeting, is hereby issued and shall come into force on March 20, 2005.
Minister Wang Xudong
February 8, 2005
Non-Profit Internet information services for the record management measures
Article 1 To regulate the filing of non-profit Internet information services and record management, to promote the healthy development of Internet information services, according to the “Internet Information Services Management Measures”, “People’s Republic of China Telecommunications Regulations” and other relevant laws and administrative regulations, the development of these measures.
Article II in the People’s Republic of China to provide non-profit Internet information services, the performance of filing procedures, the implementation of record management, the application of these measures.
Article III Ministry of Information Industry of the People’s Republic of China (hereinafter referred to as “Ministry of Information Industry”) to supervise and guide the national non-profit Internet information service filing management, provinces, autonomous regions, municipalities directly under the Central Communications Administration (hereinafter referred to as “provincial communications authority”) ) specific implementation of non-profit Internet information services for the record management.
Intended to engage in non-profit Internet information services, should be to its residence in the provincial communications authority to perform filing procedures.
Article IV of the provincial communications authority in the record management shall follow the principles of openness, fairness and impartiality, to provide convenient, quality and efficient service.
non-profit Internet information service providers engaged in non-profit Internet information services, shall comply with the relevant provisions of the state and accept the supervision and management of the relevant departments in accordance with law.
Article V in the People’s Republic of China to provide non-profit Internet information services, shall perform filing procedures in accordance with law.
Without a record, shall not engage in non-profit Internet information services in the People’s Republic of China.
This approach refers to the provision of non-profit Internet information services in the People’s Republic of China, refers to the use of organizations or individuals in the People’s Republic of China through the Internet domain name access to the site or the use of Internet IP address access to the site only, to provide non-profit Internet information services.
Article VI of the Provincial Communications Authority through the Ministry of Information Industry filing management system, using online filing for record management.
Article VII intends to engage in non-profit Internet information services, should be through the Ministry of Information Industry filing management system to fill out a “non-profit Internet information services for the record registration form” (hereinafter referred to as “filing registration form”, see the appendix for the format of this approach), to fulfill the filing procedures.
Ministry of Information Industry according to the actual situation, the “filing registration form” to adjust and publish.
Article VIII intends to engage in non-operational Internet information services through access to the operating Internet network, you can entrust the Internet access service operators, Internet data center business operators and other ways to provide access services for its website telecommunications business operators to perform the filing, filing changes, filing cancellation procedures.
Article IX access to China Education and Research Computer Network, China Science and Technology Network, China International Economic and Trade Internet, the Great Wall of China Internet and other public interest Internet networks engaged in non-profit Internet information services, can provide Internet access services for its website by the public interest Internet units to perform the filing, filing changes, filing cancellation procedures.
Article X Internet access service operators, Internet data center business operators and other ways to provide access services for the site of telecommunications business operators and public interest Internet units (hereinafter collectively referred to as “Internet access service providers”) shall not be known or should be known to engage in non-profit Internet information services organizations Or the individual’s record information is not true, for its behalf to perform the filing, filing changes, filing cancellation and other procedures.
Article XI intends to engage in news, publishing, education, health care, drugs and medical devices, culture, radio, film and television programs and other Internet information services, according to laws, administrative regulations and relevant state provisions should be reviewed and approved by the relevant competent departments, in the performance of filing procedures, should also be submitted to the provincial communications authority where it resides to review and approve the documents of the relevant authorities.
Intended to engage in electronic announcement services, in the performance of filing procedures, should also be submitted to the provincial communications authority where it resides electronic announcement services special filing materials.
Article XII of the provincial communications authority in the filing materials submitted by the filer, the material is complete, shall be filed within 20 working days, issued to its electronic verification of the record logo and filing number, and through the Ministry of Information Industry filing management system to the public record information; material is not complete, not for the record, within 20 working days to notify the filer and explain the reasons.
Article XIII of the non-profit Internet information service providers should be opened in its website at the bottom of the home page in the central location marked its filing number, and in the filing number below the required link to the Ministry of Information Industry filing management system Web site for public inquiries to check.
non-profit Internet information service providers should be opened in its website, in accordance with the requirements of the Ministry of Information Industry filing management system, the record electronic verification logo placed in its website under the specified directory.
Article XIV of non-profit Internet information service providers in the filing period need to change its “record registration form” in the information reported, should be 30 days in advance to the Ministry of Information Industry filing system to the original filing authorities to perform the filing change procedures.
Article XV of the non-profit Internet information service providers in the filing period need to terminate the provision of services, should be in the service termination date to the Ministry of Information Industry filing system to the original filing authorities to perform the filing cancellation procedures.
Article XVI of the non-profit Internet information service providers shall ensure that the information provided by the content of legal.
The information content provided by non-profit Internet information service providers referred to herein refers to the information content included under the Internet domain name or IP address of the Internet information service provider’s website.
Article XVII of the provincial communications authority shall establish credibility management, social supervision, investigation of the situation and other management mechanisms for non-profit Internet information service activities to implement supervision and management.
Article XVIII of the Internet access service providers shall not provide Internet access services for non-recorded organizations or individuals engaged in non-profit Internet information services.
non-profit Internet information service providers or illegal organizations or individuals engaged in non-profit Internet information services, Internet access service providers shall immediately suspend or terminate the provision of Internet access services to the provincial communications authority to temporarily close the site or close the site penalties.
Article 19 The Internet access service provider shall record its access to non-profit Internet information service providers for the record information.
Internet access service providers shall do a good job in accordance with relevant state regulations on the dynamic management of user information, record retention, harmful information reporting and other network information security management, according to the Ministry of Information Industry and the Provincial Communications Authority requirements for the supervision of the users accessed.
Article 20 The Provincial Communications Authority shall implement annual audit of non-profit Internet information services for the record.
Provincial Communications Authority through the Ministry of Information Industry filing management system, using the online approach to the annual audit.
Article 21 The non-profit Internet information service providers shall log on to the Ministry of Information Industry filing management system at the prescribed time each year to fulfill the annual audit procedures.
Article 22 violation of the provisions of Article
V of these measures, the failure to fulfill the record procedures to provide non-profit Internet information services, the provincial communications authority of the domicile ordered to correct, and impose a fine of 10,000 yuan; refuses to correct, close the site.
Beyond the record of the project to provide services, the provincial communications authority by the residence ordered to correct, and impose a fine of more than 5,000 yuan 10,000 yuan; refuses to correct, close the site and cancel the record.
Article 23 Violation of the provisions of Article 7, paragraph 1, fill in false information for the record, the provincial communications authority by the domicile to close the site and cancel the record.
Article 24 Violation of the provisions of Article 10, Article 18, Article 19, the violation of the provincial communications authority to order correction, and impose a fine of 10,000 yuan.
Article 25 Violation of the provisions of Article XIII of these measures, not in its record number below the link to the Ministry of Information Industry record management system Web site, or not placed in the record of electronic verification logo in its website under the specified directory, the provincial communications authority by the residence to order correction, and impose a fine of more than 5,000 yuan 10,000 yuan.
Article 26 Violation of the provisions of Article XIV, Article 15, not in the prescribed time to fulfill the record change procedures, or failure to perform the record cancellation procedures, the provincial communications authority by the domicile ordered to rectify, and impose a fine of 10,000 yuan.
Article 27 The non-profit information service providers in violation of relevant state laws and regulations, according to law shall be suspended or terminated services, the provincial communications authority may, according to laws and administrative regulations authorized by the same level of written determination of the authorities, temporarily close the site, or close the site and cancel the record.
Article 28 In the annual audit, non-profit Internet information service providers have one of the following, the provincial communications authority by its domicile through the Ministry of Information Industry filing system and other media notices ordered to correct the deadline; refuses to correct, close the site and cancel the record.
(A) did not log on to the record site at the prescribed time to submit the annual audit information.
(B) the news, education, public security, security, culture, radio, film and television, publishing, confidentiality and other state departments in charge of their respective special content of the annual audit of the veto.
Article 29 These Measures shall come into force on March 20, 2005.
Appendix: non-operational Internet information services for the record registration form (omitted)
第 33 号
《非经营性互联网信息服务备案管理办法》已经2005年1月28日中华人民共和国信息产业部第12次部务会议审议通过，现予发布，自2005年3月20日起施行。
部 长 王旭东
二〇〇五年二月八日
非经营性互联网信息服务备案管理办法
第一条 为规范非经营性互联网信息服务备案及备案管理，促进互联网信息服务业的健康发展，根据《互联网信息服务管理办法》、《中华人民共和国电信条例》及其他相关法律、行政法规的规定，制定本办法。
第二条 在中华人民共和国境内提供非经营性互联网信息服务，履行备案手续，实施备案管理，适用本办法。
第三条 中华人民共和国信息产业部（以下简称“信息产业部”）对全国非经营性互联网信息服务备案管理工作进行监督指导，省、自治区、直辖市通信管理局（以下简称“省通信管理局”）具体实施非经营性互联网信息服务的备案管理工作。
拟从事非经营性互联网信息服务的，应当向其住所所在地省通信管理局履行备案手续。
第四条 省通信管理局在备案管理中应当遵循公开、公平、公正的原则，提供便民、优质、高效的服务。
非经营性互联网信息服务提供者从事非经营性互联网信息服务时，应当遵守国家的有关规定，接受有关部门依法实施的监督管理。
第五条 在中华人民共和国境内提供非经营性互联网信息服务，应当依法履行备案手续。
未经备案，不得在中华人民共和国境内从事非经营性互联网信息服务。
本办法所称在中华人民共和国境内提供非经营性互联网信息服务，是指在中华人民共和国境内的组织或个人利用通过互联网域名访问的网站或者利用仅能通过互联网IP地址访问的网站，提供非经营性互联网信息服务。
第六条 省通信管理局通过信息产业部备案管理系统，采用网上备案方式进行备案管理。
第七条 拟从事非经营性互联网信息服务的，应当通过信息产业部备案管理系统如实填报《非经营性互联网信息服务备案登记表》（以下简称“《备案登记表》”，格式见本办法附录），履行备案手续。
信息产业部根据实际情况，对《备案登记表》进行调整和公布。
第八条 拟通过接入经营性互联网络从事非经营性互联网信息服务的，可以委托因特网接入服务业务经营者、因特网数据中心业务经营者和以其他方式为其网站提供接入服务的电信业务经营者代为履行备案、备案变更、备案注销等手续。
第九条 拟通过接入中国教育和科研计算机网、中国科学技术网、中国国际经济贸易互联网、中国长城互联网等公益性互联网络从事非经营性互联网信息服务的，可以由为其网站提供互联网接入服务的公益性互联网络单位代为履行备案、备案变更、备案注销等手续。
第十条 因特网接入服务业务经营者、因特网数据中心业务经营者以及以其他方式为网站提供接入服务的电信业务经营者和公益性互联网络单位（以下统称“互联网接入服务提供者”）不得在已知或应知拟从事非经营性互联网信息服务的组织或者个人的备案信息不真实的情况下，为其代为履行备案、备案变更、备案注销等手续。
第十一条 拟从事新闻、出版、教育、医疗保健、药品和医疗器械、文化、广播电影电视节目等互联网信息服务，根据法律、行政法规以及国家有关规定应经有关主管部门审核同意的，在履行备案手续时，还应向其住所所在地省通信管理局提交相关主管部门审核同意的文件。
拟从事电子公告服务的，在履行备案手续时，还应当向其住所所在地省通信管理局提交电子公告服务专项备案材料。
第十二条省通信管理局在收到备案人提交的备案材料后，材料齐全的，应在20个工作日内予以备案，向其发放备案电子验证标识和备案编号，并通过信息产业部备案管理系统向社会公布有关备案信息；材料不齐全的，不予备案，在20个工作日内通知备案人并说明理由。
第十三条 非经营性互联网信息服务提供者应当在其网站开通时在主页底部的中央位置标明其备案编号，并在备案编号下方按要求链接信息产业部备案管理系统网址，供公众查询核对。
非经营性互联网信息服务提供者应当在其网站开通时，按照信息产业部备案管理系统的要求，将备案电子验证标识放置在其网站的指定目录下。
第十四条 非经营性互联网信息服务提供者在备案有效期内需要变更其《备案登记表》中填报的信息的，应当提前30日登陆信息产业部备案系统向原备案机关履行备案变更手续。
第十五条 非经营性互联网信息服务提供者在备案有效期内需要终止提供服务的，应当在服务终止之日登陆信息产业部备案系统向原备案机关履行备案注销手续。
第十六条 非经营性互联网信息服务提供者应当保证所提供的信息内容合法。
本办法所称非经营性互联网信息服务提供者提供的信息内容，是指互联网信息服务提供者的网站的互联网域名或IP地址下所包括的信息内容。
第十七条 省通信管理局应当建立信誉管理、社会监督、情况调查等管理机制，对非经营性互联网信息服务活动实施监督管理。
第十八条 互联网接入服务提供者不得为未经备案的组织或者个人从事非经营性互联网信息服务提供互联网接入服务。
对被省通信管理局处以暂时关闭网站或关闭网站处罚的非经营性互联网信息服务提供者或者非法从事非经营性互联网信息服务的组织或者个人，互联网接入服务提供者应立即暂停或终止向其提供互联网接入服务。
第十九条 互联网接入服务提供者应当记录其接入的非经营性互联网信息服务提供者的备案信息。
互联网接入服务提供者应当依照国家有关规定做好用户信息动态管理、记录留存、有害信息报告等网络信息安全管理工作，根据信息产业部和省通信管理局的要求对所接入用户进行监督。
第二十条 省通信管理局依法对非经营性互联网信息服务备案实行年度审核。
省通信管理局通过信息产业部备案管理系统，采用网上方式进行年度审核。
第二十一条 非经营性互联网信息服务提供者应当在每年规定时间登陆信息产业部备案管理系统，履行年度审核手续。
第二十二条 违反本办法第五条的规定，未履行备案手续提供非经营性互联网信息服务的，由住所所在地省通信管理局责令限期改正，并处1万元罚款；拒不改正的，关闭网站。
超出备案的项目提供服务的，由住所所在地省通信管理局责令限期改正，并处5千元以上1万元以下罚款；拒不改正的，关闭网站并注销备案。
第二十三条 违反本办法第七条第一款的规定，填报虚假备案信息的，由住所所在地省通信管理局关闭网站并注销备案。
第二十四条 违反本办法第十条、第十八条、第十九条的规定的，由违法行为发生地省通信管理局责令改正，并处1万元罚款。
第二十五条 违反本办法第十三条的规定，未在其备案编号下方链接信息产业部备案管理系统网址的，或未将备案电子验证标识放置在其网站指定目录下的，由住所所在地省通信管理局责令改正，并处5千元以上1万元以下罚款。
第二十六条 违反本办法第十四条、第十五条的规定，未在规定时间履行备案变更手续，或未依法履行备案注销手续的，由住所所在地省通信管理局责令限期改正，并处1万元罚款。
第二十七条 非经营性信息服务提供者违反国家有关法律规定，依法应暂停或终止服务的，省通信管理局可根据法律、行政法规授权的同级机关的书面认定意见，暂时关闭网站，或关闭网站并注销备案。
第二十八条 在年度审核时，非经营性互联网信息服务提供者有下列情况之一的，由其住所所在地的省通信管理局通过信息产业部备案系统等媒体通告责令其限期改正；拒不改正的，关闭网站并注销备案：
（一）未在规定时间登陆备案网站提交年度审核信息的；
（二）新闻、教育、公安、安全、文化、广播电影电视、出版、保密等国家部门依法对各自主管的专项内容提出年度审核否决意见的。
第二十九条 本办法自2005年3月20日起施行。
附录：非经营性互联网信息服务备案登记表（略）
高大伟 David Cowhig's Translation Blog 