Decree of the State Council of the People’s Republic of China 

No.426

 

    Regulations on Religious Affairs, adopted at the 57th Executive Meeting of the State Council on July 7,2004, are hereby promulgated and shall become effective as of March 1,2005.

 

Premier Wen Jiabao 

November 30, 2004

 

Regulations on Religious Affairs

 

Chapter I General Provisions

 

    Article 1 These Regulations are formulated in accordance with the Constitution and relevant laws for the purposes of ensuring citizens’ freedom of religious belief, maintaining harmony among and between religions, preserving social concord and regulating the administration of religious affairs.

 

    Article 2 Citizens enjoy freedom of religious belief. 

 

    Article 3 The State, in accordance with the law, protects normal religious activities, and safeguards the lawful rights and interests of religious bodies, sites for religious activities and religious citizens.

 

    Article 4 All religions shall adhere to the principle of independence and self-governance. Religious bodies, sites for religious activities and religious affairs are not subject to any foreign domination.

 

    Article 5 The religious affairs department of the people’s government at or above the county level shall, in accordance with the law, exercise administration of religious affairs that involve State or public interests, and the other departments of the people’s government at or above the county level shall, in accordance with the law, be responsible for the administration of relevant affairs within the limits of their respective functions and duties.

 

    People’s governments at various levels shall solicit the views of religious bodies, sites for religious activities and religious citizens, and coordinate the administration of religious affairs.

 

 Chapter II Religious Bodies

 

 

    Article 6 The establishment, alteration, or cancellation of registration, of a religious body shall be registered in accordance with the provisions of the Regulations on Registration Administration of Associations.

 

    Article 7 A religious body may, in accordance with the relevant provisions of the State, compile and publish reference publications to be circulated within religious circles. Religious publications for public distribution shall be published in accordance with the relevant provisions of the State on publication administration.

 

    Article 8 For the establishment of an institute for religious education, an application shall be made by the national religious body to the religious affairs department of the State Council, or made by the religious body of the province, autonomous region or municipality directly under the Central Government to the religious affairs department of the people’s government of the province, autonomous region or municipality directly under the Central Government of the place where such institute is to be located. The religious affairs department of the people’s government of the province, autonomous region or municipality directly under the Central Government shall, within 30 days from the date of receipt of the application, put forward its views, and, if it agrees to the establishment, make a report to the religious affairs department of the State Council for examination and approval.

 

    Article 9 An institute for religious education to be established shall meet the following conditions:

 

    Article 10 In light of the need of the religion concerned, a national religious body may, in accordance with the relevant provisions, select and send people for religious studies abroad, or accept foreigners for religious studies in China. 

 

    Article 11 The making of hajj abroad by Chinese citizens who believe in Islam shall be organized by the national religious body of Islam.

 

Chapter III Sites for Religious Activities 

 

    Article 12 Collective religious activities of religious citizens shall, in general, be held at registered sites for religious activities (i.e., Buddhist monasteries, Taoist temples, mosques, churches and other fixed premises for religious activities), organized by the sites for religious activities or religious bodies, and presided over by religious personnel or other persons who are qualified under the prescriptions of the religion concerned, and the process of such activities shall be in compliance with religious doctrines and canons.

 

    Article 13 For the preparation for establishing a site for religious activities, an application shall be made by a religious body to the religious affairs department of the people’s government at the county level of the place where such site is to be located. The religious affairs department of the people’s government at the county level shall, within 30 days from the date of receipt of the application, make a report to the religious affairs department of the people’s government at the level of a city divided into districts for examination and approval if it agrees to the establishment.

 

    Article 14 A site for religious activities to be established shall meet the following conditions:

 

    Article 15 Upon approval of preparation for the establishment of a site for religious activities and completion of construction, an application shall be made for registration with the religious affairs department of the people’s government at the county level of the place where such site is located. The religious affairs department of the people’s government at the county level shall, within 30 days from the date of receipt of the application, examine the management organization, formulation of internal rules, and other aspects of such site, and, if the site meets the conditions for registration, register it and issue the Registration Certificate of the Site for Religious Activities.

 

    Article 16 Where a site for religious activities merges with another one, divides itself, terminates, or changes any item registered, the formalities for alteration registration shall be gone through with the original registration administration department.

 

    Article 17 A site for religious activities shall set up a management organization and exercise democratic management. Members of the management organization of the site for religious activities shall be recommended or elected upon democratic consultation, and then be reported to the registration administration department of such site for the record. 

 

    Article 18 A site for religious activities shall strengthen internal management, and, in accordance with the provisions of the relevant laws, regulations and rules, establish and improve the management systems for personnel, finance, accounting, security, fire control, cultural relics protection, sanitation, and epidemic prevention, etc., and accept the guidance, supervision and inspection by the relevant departments of the local people’s government.

 

    Article 19 The religious affairs department shall supervise and inspect the sites for religious activities in terms of their compliance with laws, regulations and rules, the development and implementation of management systems, the alteration of registered items, the conduction of religious activities and activities that involve foreign affairs. The sites for religious activities shall accept the supervision and inspection by the religious affairs department.

 

    Article 20 A site for religious activities may accept donations from citizens in accordance with religious customs, but no means of compulsion or apportionment may be adopted.

 

    Article 21 Religious articles, artworks and publications may be sold in the sites for religious activities.

 

    Article 22 Where a large-scale religious activity, in which different provinces, autonomous regions and municipalities directly under the Central Government are involved and which is beyond the accommodation capacity of a site for religious activities, is to be held, or where a large-scale religious activity is to be held outside a site for religious activities, the religious body, monastery, temple, mosque or church that sponsors such activity shall, 30 days before the activity is held, make an application to the religious affairs department of the people’s government of the province, autonomous region or municipality directly under the Central Government of the place where such large-scale religious activity is to be held. The religious affairs department of the people’s government of the province, autonomous region or municipality directly under the Central Government shall, within 15 days from the date of receipt of the application, make a decision of approval or disapproval.

 

    Article 23 A site for religious activities shall prevent against the occurrence, within the site, of any major accident or event, such as breaking of religious taboos, which hurts religious feelings of religious citizens, disrupts the unity of all nationalities or impairs social stability.

 

    Article 24 Where a religious body, monastery, temple, mosque or church intends to build a large-size outdoor religious statue outside the site for religious activities, the relevant religious body of the province, autonomous region or municipality directly under the Central Government shall make an application to the religious affairs department of the people’s government of the province, autonomous region or municipality directly under the Central Government, which shall, within 30 days from the date of receipt of the application, put forward its views, and, if it agrees to the building of such statue, make a report to the religious affairs department of the State Council for examination and approval.

 

    Article 25 Where a unit or an individual intends to alter or construct buildings, set up commercial service centers, hold displays or exhibitions, or make films or television programs in a site for religious activities, it shall obtain in advance the consent of the site for religious activities in question and that of the religious affairs department of the local people’s government at or above the county level of the place where such site is located.

 

    Article 26 For a scenic spot or historic zone where a site for religious activities therein constitutes the main tourist attraction, the local people’s government at or above the county level of the place where such spot or zone is located shall coordinate and deal with the interrelated interests between the site for religious activities and the park, relics, and tourism, and safeguard the lawful rights and interests of the site for religious activities.

 

Chapter IV Religious Personnel 

 

    Article 27 Religious personnel who are determined qualified as such by a religious body and reported for the record to the religious affairs department of the people’s government at or above the county level may engage in professional religious activities.

 

    Article 28 Where religious personnel are to assume or leave the chief religious posts of a site for religious activities, the matter shall, upon consent by the religious body of the religion concerned, be reported to the religious affairs department of the people’s government at or above the county level for the record.

 

    Article 29 The presiding over of religious activities, conduction of religious ceremonies, sorting out of religious scriptures and pursuit of religious and cultural research by religious personnel are protected by law.

 

Chapter V Religious Property 

 

    Article 30 The land legally used by a religious body or a site for religious activities, the houses, structures and facilities legally owned or used by such body or site, and its other legal property and proceeds thereof, are protected by law.

 

    Article 31 The houses owned and the land used by a religious body or a site for religious activities shall, according to law, be registered with the real estate department and the land administration department of the local people’s government at or above the county level, and be granted the certificate of ownership and the certificate of right to use; where the property right is altered, the formalities for alteration registration shall be gone through without delay.

 

    Article 32 The houses and structures used for religious activities by a site for religious activities, and their accessory houses for the daily use of religious personnel as well, shall not be transferred, mortgaged or used as investments in kind.

 

    Article 33 Where the houses or structures of a religious body or a site for religious activities need to be demolished or relocated because of city planning or construction of key projects, the demolisher shall consult with the religious body or the site for religious activities concerned, and solicit the views of the relevant religious affairs department. If, after consultation, all the parties concerned agree to the demolition, the demolisher shall rebuild the houses or structures demolished, or, in accordance with the relevant provisions of the State, make compensation on the basis of the appraised market price of the houses or structures demolished.

 

    Article 34 A religious body or a site for religious activities may operate public undertakings according to law, and the proceeds and other lawful income therefrom shall be subject to financial and accounting management, and be used for the activities that are commensurate with the purpose of the religious body or the site for religious activities, or for public undertakings.

 

    Article 35 A religious body or a site for religious activities may, in accordance with the relevant provisions of the State, accept donations from organizations and individuals at home or abroad, which shall be used for the activities that are commensurate with the purpose of the religious body or the site for religious activities. 

 

    Article 36 A religious body or a site for religious activities shall implement the systems of the State for administration of financial and accounting affairs and taxation, and may enjoy the preferential treatment in terms of tax reduction or exemption in accordance with the relevant provisions of the State on taxation. 

 

    Article 37 In case of cancellation of registration or termination of a religious body or a site for religious activities, the property thereof shall be liquidated and the property remaining after the liquidation shall be used for the undertakings that are commensurate with the purpose of the religious body or the site for religious activities.

 

Chapter VI Legal Liability 

 

    Article 38 Where any State functionary, in administration of religious affairs, abuses his power, neglects his duty or commits illegalities for personal gain or by fraudulent means, and a crime is thus constituted, he shall be investigated for criminal liability according to law; if no crime is constituted, he shall be given an administrative sanction according to law.

 

    Article 39 Where anyone compels citizens to believe in, or not to believe in, any religion, or interferes with the normal religious activities conducted by a religious body or a site for religious activities, the religious affairs department shall order it to make corrections; if such act constitutes a violation of public security administration, it shall be given an administrative penalty for public security according to law. 

 

    Article 40 Where anyone makes use of religion to engage in such illegal activities as endanger State or public security, infringe upon citizens’ right of the person and democratic rights, obstruct the administration of public order, or encroach upon public or private property, and a crime is thus constituted, it shall be investigated for criminal liability according to law; if no crime is constituted, the relevant competent department shall give it an administrative penalty according to law; if any loss is caused to a citizen, legal person or any other organization, it shall assume civil liability according to law.

 

    Article 41 Where a religious body or a site for religious activities commits any of the following acts, the religious affairs department shall order it to make corrections; if the circumstances are relatively serious, the registration administration department shall order the religious body or the site for religious activities to dismiss and replace the person-in-charge who is directly responsible therefor; if the circumstances are serious, the registration administration department shall cancel the registration of such religious body or site for religious activities and confiscate the unlawful property or things of value, if any: 

 

    Article 42 Where any publications involving religious contents contain the contents prohibited by the second paragraph of Article 7 of these Regulations, the relevant competent department shall impose administrative penalties upon the relevant responsible units and persons according to law. If a crime is constituted, criminal liability shall be investigated according to law. 

 

    Article 43 Where a site for religious activities is established without approval, or a site originally for religious activities continues to carry out religious activities after its registration as such has been cancelled, or an institute for religious education is established without approval, the religious affairs department shall ban such site or institute and confiscate the illegal gains; the illegal houses or structures, if any, shall be disposed of by the competent construction department according to law. If any act in violation of public security administration is committed, an administrative penalty for public security shall be imposed according to law.

 

    Article 44 Where, in violation of the provisions of these Regulations, anyone builds a large-size outdoor religious statue, the religious affairs department shall order it to discontinue the construction and to demolish the statue in a specified time limit; the illegal gains, if any, shall be confiscated.

 

    Article 45 Where any religious personnel violate laws, regulations or rules in professional religious activities, the religious affairs department shall, in addition to having the legal liability investigated according to law, make a proposal to the religious body concerned to disqualify them as religious personnel.

 

Chapter VII Supplementary Provisions 

 

    Article 47 The religious exchange between the Mainland and the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan region shall be developed in accordance with laws, administrative regulations and the relevant provisions of the State.

 

    Article 48 These Regulations shall become effective as of March 1, 2005. The Regulations on Administration of Sites for Religious Activities promulgated by the State Council on January 31, 1994 shall be repealed simultaneously.