INGO Registration Process in Nepal | SWC Approval Guide

What is an INGO?

An International Non-Governmental Organization (INGO) is a non-profit organisation established outside Nepal that operates internationally to promote humanitarian, educational, health, environmental, human rights, disaster relief, social development, and other public welfare initiatives.

Unlike local NGOs, INGOs receive funding from foreign sources and operate under agreements with the Government of Nepal.

Examples include organisations working in:

1. Education
2. Health
3. Child protection
4. Women empowerment
5. Climate change
6. Agriculture
7. Disaster response
8. Human rights
9. Community development

Difference Between an NGO and an INGO

Governing Laws for INGO Registration Process in Nepal

Several laws regulate the establishment and operation of INGOs in Nepal.

1. Social Welfare Act, 1992

This is the principal legislation governing INGOs operating in Nepal.

It authorises the Social Welfare Council (SWC) to coordinate, approve, monitor, and regulate INGOs.

2. Social Welfare Rules, 1993

These Rules prescribe:

1. Registration procedures
2. Project approval
3. Financial reporting
4. Monitoring requirements
5. Renewal procedures

3. Association Registration Act, 1977

Although INGOs are not directly registered under this Act, many local implementing partner NGOs operate under it.

4. National Integrity Policy

Projects involving foreign assistance must align with Nepal’s national development priorities.

5. Foreign Aid Mobilisation Policy

Foreign-funded projects require government approval and coordination.

6. Income Tax Act, 2002

INGOs must comply with Nepal’s taxation laws, withholding tax obligations, and financial reporting requirements.

7. Labour Act, 2017

Applies to employees hired by INGOs in Nepal.

8. Immigration Act

Foreign employees require:

• Work visa
• Non-tourist visa
• Labour approvals

Authority Responsible for INGO Registration

The primary authority is the:

• Social Welfare Council (SWC)

Additional government agencies may include:

1. Ministry of Women, Children and Senior Citizens
2. Ministry of Finance
3. Ministry of Home Affairs
4. Department of Immigration
5. Inland Revenue Department
6. Relevant line ministries depending on project sector

Can an INGO Register Directly in Nepal?

No, an INGO cannot simply register like a local NGO.

Instead, it must:

1. Obtain Government approval
2. Sign a General Agreement with the Social Welfare Council
3. Obtain project approval
4. Comply with financial reporting and monitoring obligations

Eligibility Criteria

An organisation should generally:

1. Be legally incorporated in its home country
2. Be non-profit
3. Have humanitarian or development objectives
4. Demonstrate financial capability
5. Have international operational experience
6. Follow transparent governance standards

Documents Required for INGO Registration in Nepal

Typical documents include:

1. Certificate of Registration or Incorporation from the home country.
2. Approved Constitution, Charter, or By-laws.
3. Financial Commitment Letter (minimum annual funding of USD 200,000).
4. Detailed Concept Paper or Project Proposal.
5. Draft General Agreement in the prescribed SWC format.
6. Letter of Authorisation for agreement and registration matters.
7. Copy of the Country Director’s Citizenship (if applicable), Passport, Valid Visa, and Bio-data/CV.
8. Cover Letter addressed to the Social Welfare Council (SWC).
9. Proof of Reliable Funding Sources (demonstrating a minimum annual funding of USD 200,000).
10. Notarised English Translations of Charter or Registration Documents (if the originals are not in English).

Documents issued outside Nepal generally require notarisation and, where applicable, legalisation or apostille depending on the issuing country’s requirements and Nepal’s acceptance procedures.

Step-by-Step INGO Registration Process in Nepal

Step 1: Develop a Project Proposal

Prepare a detailed proposal including:

1. Objectives
2. Activities
3. Budget
4. Timeline
5. Expected outcomes
6. Geographic coverage
7. Beneficiaries

Step 2: Identify Government Counterparts

Depending on the project sector, approvals may involve relevant ministries.

Examples include:

1. Health
2. Education
3. Agriculture
4. Environment
5. Local Government

Step 3: Submit Application to Social Welfare Council

Submit:

• Application
• Supporting documents
• Project proposal
• Organisation profile

Step 4: Government Review

Authorities examine:

1. Organisational background
2. Financial transparency
3. Project feasibility
4. Alignment with national priorities
5. Source of funding

Step 5: Due Diligence

Government agencies may verify:

• Organisational credibility
• Previous international projects
• Governance structure
• Donor information

Step 6: General Agreement

Upon approval, the INGO signs a General Agreement with the Social Welfare Council.

This agreement outlines:

1. Scope of work
2. Reporting obligations
3. Financial compliance
4. Project implementation standards
5. Monitoring arrangements

Step 7: Project Agreement

Individual projects generally require separate approvals before implementation.

Step 8: Begin Operations

Once approvals are completed, the INGO may:

• Recruit employees
• Open project offices
• Import project equipment (where permitted)
• Implement approved programmes

Registration Timeline

Depending on project complexity and government approvals, registration and project approval can take several months. Timelines vary based on documentation quality, sector, and inter-agency review.

Common Challenges During INGO Registration

Many organisations face delays due to:

1. Incomplete documentation
2. Weak project proposals
3. Funding inconsistencies
4. Delayed ministry approvals
5. Missing legal certifications
6. Poor compliance planning

Working with experienced legal professionals helps minimise these issues.

Benefits of INGO Registration in Nepal

An approved INGO can:

1. Implement development projects
2. Partner with government agencies
3. Collaborate with local NGOs
4. Receive foreign funding lawfully
5. Conduct humanitarian programmes
6. Support sustainable development initiatives
7. Build long-term institutional partnerships.

Conclusion

Establishing an INGO in Nepal requires careful legal planning, comprehensive documentation, and compliance with the country’s regulatory framework. By following the prescribed registration process, aligning projects with national priorities, and maintaining transparent governance, international organisations can successfully contribute to Nepal’s long-term social and economic development.

For organisations planning humanitarian or development projects in Nepal, obtaining professional legal assistance can simplify the registration process, reduce administrative delays, and support ongoing compliance throughout the organisation’s operations.