(Promulgated by Decree No. 145 of the State Council, signed by
Premier Li Peng, January 31, 1994)
Article 1 In order to protect normal
religious activities, safeguard the legal rights of venues for religious
activities and facilitate the management of venues for religious activities, the
following regulations have been formulated in conformity with the
Constitution.
Article 2 For the purposes of this
regulation, "venues for religious activities" refers to monasteries, temples,
mosques, churches and other fixed venues.
Registration is required for the
establishment of a venue for religious activities. The registration procedure
will be decided by the Religious Affairs Bureau of the State Council.
Article 3 The management of venues for
religious activities will be undertaken by the venue's own management team. Its
legal rights and the normal religious activities which take place there will be
under the protection of law and no organization or person will be permitted to
transgress or interfere.
Article 4 Venues for religious activities
should set up a management system. Religious activities undertaken in these
venues should comply with the laws and regulations. No person shall be permitted
to make use of any such venue to undertake activities which harm national unity,
ethnic unity, or the social order, harm citizens' health or obstruct the
national educational system.
Venues for religious activities shall not be
controlled by persons or organizations outside China.
Article 5 Persons normally resident in
venues for religious activities or those temporarily resident must comply with
State regulations on household registration.
Article 6 Venues for religious activities
may accept from their adherents voluntary offerings of alms, donations, and
contributions.
In accepting donations from persons and
organizations outside China,
venues for religious activities shall act in accordance with relevant
regulations.
Article 7 Within their premises, venues for
religious activities may, complying with relevant State regulations, offer for
sale religious articles, artworks and publications.
Article 8 The property and income of a
religious venue shall be subject to management and use by the venue's management
team and shall not be held or gratuitously transferred to any other unit or
person.
Article 9 The closing or merger of religious
venues should be recorded with the registration organization and its property
dealt with according to the relevant State regulations.
Article 10 The land, mountains, forests or
buildings administered by a religious venue should be documented in compliance
with relevant State regulations by the management team of the venue or the
religious body to which it is subject.
The State may requisition land, mountain and
forest land, buildings and so on managed and used by a religious venue in
compliance with the "PRC Property Administration Law" and other relevant State
regulations.
Article 11 Relevant units or persons who,
within the premises of a venue administered by a religious venue, build or
renovate buildings, set up commercial or social service enterprises or hold a
display or exhibition or make films or television programs, etc., are required
to secure the permission of the management team of the religious venue in
question and that of the Religious Affairs Bureau of the People's Government at
or above county level before applying to the departments concerned.
Article 12 Religious venues which have been
listed as protected cultural relics or which are located in scenic areas must
comply with the stipulations of relevant laws and regulations on administering
and protecting cultural relics and the environment and must accept the guidance
and supervision of departments concerned.
Article 13 The Religious Affairs Bureau of
the People's Government at or above the county level shall undertake guidance
and supervision in the administration of these regulations.
Article 14 If a religious venue violates the
stipulations of this regulation, the Religious Affairs Bureau of the People's
Government at or above county level may apply penalties according to the
seriousness of the case, issue a warning, halt activities, or rescind
registration. If the case is especially serious, it may be submitted to the
corresponding level of the People's Government, which may ban the
venue.
Article 15 If violation of the stipulations
of this regulation constitute an act in violation of public security, the public
security organs shall mete out penalties in accordance with the relevant
regulations of the "PRC Public Security Administration Penal Code"; if the
violation constitutes a criminal act, the judiciary shall undertake an
investigation to determine criminal responsibility.
Article 16 If the parties concerned decide
not to comply with administrative methods (of dealing with the case), they may,
in compliance with relevant laws and regulations, apply for administrative
reconsideration or institute administrative litigation.
Article 17 If a violation of these
regulations involves infringement of the legal rights of a religious venue then
the Religious Affairs Bureau of the People's Government at the country level or
above will ask the People's Government at the corresponding level to put a halt
to this infringement of rights; if the violation constitutes an economic loss,
the losses should be made good in compliance with the law.
Article 18 The People's Government at the
provincial, autonomous region and municipality level may, in compliance with
this regulation, formulate practical measures on the basis of local
realities.
Article 19 Interpretation of this regulation
lies with the Religious Affairs Bureau of the State Council.
Article 20 This article takes effect on the
date of issue.