Regulation of Beijing Municipality on Religious Affairs

 2018-05-31  9


Regulation of Beijing Municipality on Religious Affairs

· Area of Law: Religious Affairs

· Level of Authority: Provincial Local Regulations

· Date issued:07-28-2006

· Effective Date:11-01-2002

· Status: Effective

· Issuing Authority: Beijing Municipality

 

Regulation of Beijing Municipality on Religious Affairs
(Adopted at the 35th Session of the Standing Committee of the Eleventh People's Congress of Beijing Municipality on July 18, 2002, and Amended in accordance with the “Amendment to the Regulation of Beijing Municipality on Religious Affairs” adopted at the 29th Session of the Standing Committee of the Twelfth People's Congress of Beijing Municipality on July 28th, 2006)
Chapter I General Provisions
Article 1 The present Regulation is formulated in accordance with the Constitution, relevant laws and regulations, as well as in light of the actual situation of this city for the purpose of guaranteeing the citizens' freedom of religious belief, and administering religious affairs according to law.
Article 2 The present Regulation shall apply to the religious affairs in this city.
The term “religious affairs” as mentioned in the present Regulation shall refer to various public affairs arising out of religion and involving the interests of the state, the society and the masses.
Article 3 Citizens' rights of freedom of religious belief shall be protected by law. No organization or individual shall compel citizens to believe in or not to believe in any religion, or discriminate against citizens who believe in any religion or citizens who do not believe in any religion.
Religious activities shall be carried out within the scope permitted by the Constitution, laws and regulations. No organization or individual shall, by making use of religious activities or in the name of religion, carry out activities of destroying the social order, harming the health of citizens, or obstructing the educational system of the state.
All religions shall adhere to the principles of maintaining their independence. No religious body or religious affair shall be dominated by any overseas organization or individual.
Article 4 This municipality lawfully protects the normal religious activities, maintain the lawful rights and interests of the religious bodies, religious activity sites, and citizens believing in religions, stops and combats the illegal or criminal activities carried out by making use of religious activities or in the name of religion.
Article 5 The administrative department for religious affairs of the municipal, district or county people's government shall be in charge of the religious affairs within its own jurisdiction upon its administrative powers.
The relevant departments of the municipal, district or county people's government shall perform their respective duties in accordance with law, and do a good job in administering relevant religious affairs.
The township, ethnic township or town people's government shall, under the guidance of the administrative department for religious affairs of the district or county people's government, do a good job in administering the religious affairs within its jurisdiction.
Chapter II Religious Bodies
Article 6 To form a religious body, the applicant shall, in accordance with the relevant provisions of the state on administration of registration of social organizations, and upon consent of the administrative department for religious affairs of the municipal, district or county people's government, apply to the corresponding social organization registration administrative organ for registration.
Where a religious body intends to modify any registered content or to nullify the registration, it shall go to the original examination and registration organ to go through relevant procedures.
Article 7 Religious bodies shall carry out activities according to their respective articles of association, establish and improve various management bylaws, and manage internal affairs independently.
Article 8 A religious body may, in accordance with relevant provisions of the state and this municipality, apply for running enterprises and commonweal undertakings aiming at economic self-support.
Article 9 A municipal religious body may establish a religious institution or college according to relevant provisions of the state. When establishing a religious institution or college, an application must be filed with the administrative department for religious affairs of the municipal people's government, which shall handle in accordance with the “Regulation on Religious Affairs” of the State Council.
A religious body, religious institution or college, or religious activity site may hold religious training classes in accordance with relevant provisions of the state and this municipality. The religious training classes to be held shall, upon consent of the relevant religious body, be reported to the administrative department for religious affairs of the municipal, district or county people's government for archival filing.
Except for the preceding two paragraphs, no other organization or individual may establish any religious institution or college or hold any religious training class.
Article 10 A religious body may carry out religious cultural and academic exchange activities.
Article 11 A religious body shall accept the lawful administration of the people's government and the relevant departments thereof, assist the people's government in propagandizing the relevant laws, regulations and policies of the state on religion, and maintain the lawful rights and interests of religious activity sites, religion undertaking persons and citizens believing in religion.
Article 12 A religious body shall hold educations on patriotism, socialism and law for the religion undertaking persons and the citizens believing in religion.
Chapter III Religion Undertaking Persons
Article 13 The identity of a religion undertaking person shall be ascertained or cancelled by a lawfully registered municipal religious body in light of the conditions and procedures prescribed by that religion, and shall be reported to the administrative department for religious affairs of the municipal people's government for archival filing.
Article 14 A religion undertaking person may engage in religious affair activities after he has been confirmed and archived.
He who does not possess the identity as a religion undertaking person or does not conform to the rules of this religion shall not preside over religious activities.
Article 15 A religion undertaking person shall, when performing his duties, abide by the laws, regulations and rules of the state, and abide by the management bylaws of the relevant religious bodies and religious activity sites.
Article 16 Where a religion undertaking person of this city goes to another locality or a religion undertaking person at another locality comes to this city to preside over religious activities, he shall get consent from the municipal religious body in advance, and make a report to the administrative department for religious affairs of the municipal, district or county people's government for archival filing.
Chapter IV Religious Activity Sites and Religious Activities
Article 17 The term “religious activity sites” as mentioned in the present Regulation shall refer to the Buddhist temple, Daoist temple, mosque, church or any other fixed site where citizens believing in religion carry out religious activities.
Article 18 For establishing a religious activity site, the relevant religious body shall file an application to the administrative department for religious affairs of the district or county people's government, and go through the relevant procedures in accordance with the relevant provisions of the state and this municipality.
No organization or individual shall unlawfully establish any religious activity site.
Article 19 Where a religious activity site is to be terminated, merged, moved or to modify any registered content, it shall go to the original registration organ to go through relevant procedures.
Article 20 A religious activity site shall establish and improve its management structure and management systems, and accept the direction, supervision and inspection of the administrative department for religious affairs and other relevant departments of the district or county people's government.
Article 21 A religious activity site's management organization may, in accordance with relevant provisions of the state, run religious articles, religious artworks and religious publications within the religious activity site.
Article 22 The collective religious activities of citizens believing in religion shall be carried out within the religious activity site.
Article 23 A citizen believing in religion may, for the sake of meeting the needs in personal religious life, live his religious life within his own dwelling house in light of the religious doctrines, religious rules, and habits.
Article 24 Whoever enters a religious activity site or attends a religious activity in the site shall respect the custom of the religion, abide by the management bylaws of the site; and shall not disturb the religious activities from being carried out normally, or make arguments or propaganda between different beliefs or different religions.
Article 25 To build, rebuild or expand any building, set up any commercial or service facilities, hold any display or exhibition, or shoot any film or television within a religious activity site, it is necessary to obtain, in advance, the consent of the management organization of the religious activity site and the consent of the administrative department for religious affairs of the municipal, district or county people's government, and to go through relevant procedures at the relevant department.
Article 26 To hold a large religious activity which is beyond the religious activity site's capacity and covers an area larger than one province, autonomous region, or municipality directly under the Central Government, or hold a large religious activity outside the religious activity site, it is necessary to go through the procedure of examination and approval in accordance with the “Regulation on Religious Affairs” of the State Council.
To hold other large religious activities, it is necessary to obtain the consent of the religious body of the municipality and report to the administrative department for religious affairs of the people's government of the municipality, district or county where the large religious activity is to be held. The administrative department for religious affairs and other relevant departments of the people's government of the municipality, district or county where the large religious activity is to be held shall conduct necessary administration according to their respective functions and duties.
Article 27 No organization or individual shall carry out missionary activities outside a religious activity site, or unlawfully set up any religious facilities or religious statute at a public place.
Chapter V Religious Publications
Article 28 Whoever intends to engage in publishing religious publications distributed in public shall go through the approval procedures in accordance with relevant provisions of the state.
Article 29 Where the management organization of a religious body or religious activity site prints and makes internal religious publications, it shall bring the approval document of the administrative department for religious affairs of the people's government to report to the press and publication administrative department of the municipal people's government for ratification, and go through the procedures for permission of printing or entrustment of photocopying.
The management organization of a non-religious body or non-religious activity site shall not print and make any internal religious publications.
Article 30 Whoever undertakes the printing of overseas religious publications shall comply with relevant provisions of the state.
Article 31 No organization or individual shall photocopy, carry, sell or hand out religious publications that came into the territory illegally.
Chapter VI Religious Properties
Article 32 The lawful properties of religious bodies and of religious activity sites shall be protected by law, and no organization or individual shall damage, misappropriate or encroach upon them.
Article 33 A religious body or religious activity site shall lawfully make ownership registration of its own houses and the land it uses, and obtain the certificate of house title and that of land use right. In case of modification of any house title or land use right, it shall timely make the modification registration.
Article 34 A religious body or religious activity site may, in accordance with relevant provisions of the state and this municipality, lease religious real estate or use religious real estate to conduct other business activities, but the houses and structures that are used for religious activities, and their auxiliary premises for the religion undertaking persons' residence may not be transferred, mortgaged, or used as properties in kind in investment.
Article 35 Where the house of a religious body or religious activity site needs to be demolished due to urban planning or construction of a key engineering project, the demolisher shall ask for opinions from the administrative department for religious affairs of the municipal, district or county people's government, negotiate with the religious body or religious activity site, and make reasonable relocation and compensation or rebuild the house at another location in accordance with relevant provisions of the state and this municipality, so as to satisfy the needs of the citizens believing in religion in carrying out religious activities.
Article 36 A religious body or religious activity site may, in accordance with relevant provisions of the state, accept and use the almsgiving, allowance, contribution or other religious donations which are voluntarily donated by organizations or individuals.
A non-religious body or non-religious activity site shall not accept either directly or in a disguised form any almsgiving, allowance, contribution or other religious donations.
Chapter VII Foreign-related Religious Affairs
Article 37 Religious bodies and religion undertaking persons shall, in the friendly relations and the cultural, academic and exchange activities with overseas religious organizations and religion members, adhere to the principles of maintaining their independence, mutual respect, non-interference, equality and friendliness.
Article 38 Where a religious body or religion undertaking person is invited to visit or invites an overseas religious organization or religion member due to religious relations, it shall go through the procedures in accordance with the relevant provisions of the state and this municipality.
Article 39 Where a religious body or religious activity site accepts the donation of an overseas organization or individual, it shall comply with relevant provisions of the state and this municipality.
No organization or individual shall accept the appointment order, religious allowance or missionary expenses of an overseas religious organization or individual.
Article 40 Where a religious body or religious activity site receives overseas religious publications, it shall get approval from the administrative department for religious affairs of the municipal people's government, and then go through the procedures in the customs.
Article 41 None of the state organs, enterprises, public institutions, non-religious social organizations or individuals in this city may, in the cooperation and exchange activities with foreign parties in respect of commerce, trade, education, science, technology, culture, health, sports, tourism or else, accept additional religious conditions.
Article 42 If, during the period of a large-scale international activity held in this city, a temporary activity place needs to be provided to foreigners for religious services, it shall be recognized by the administrative department for religious affairs of the municipal people's government, and the municipal religious body shall send religion undertaking persons to preside over the religious activities.
Chapter VIII Legal Liabilities
Article 43 For the acts in violation of the present Regulation, the violator shall be subject to the legal liabilities prescribed in the law or administrative regulation, if any, in accordance with law.
Article 44 Whoever violates the present Regulation by infringing upon the lawful rights and interests of a religious body, religious activity site, religion undertaking person or citizen believing in religion shall be ordered by the administrative department for religious affairs of the municipal, district or county people's government concerned to make a correction; and shall, if any loss is caused, bear the liability for compensation in accordance with law.
Article 45 Whoever violates Article 6 of the present Regulation by unlawfully carrying out activities in the name of a religious body with registration shall be banned by the administrative department for religious affairs of the municipal, district or county people's government jointly with the administrative organ for registration of social organizations in accordance with law, and the illegal properties shall be confiscated.
Article 46 Whoever violates Article 24 of the present Regulation by disturbing a religious activity from being carried out normally shall be ordered by the administrative department for religious affairs of the municipal, district or county people's government to make a correction, and be admonished, as well.
Article 47 Whoever violates Article 9, Article 14, Article 16, Article 18 or Article 27 of the present Regulation, and is under any of the following circumstances, the administrative department for religious affairs of the municipal, district or county people's government shall ban or order to cease the activity; the illegal proceeds, if any, shall be confiscated; the illegal premises or structures, if any, shall be disposed in accordance with relevant laws and regulations; where there is any violation against public security administration, punishment of public security administration shall be given according to law:
(1) Unlawfully establishing a religious institution or college or holding a religious training class;
(2) The personnel who do not possess the identity as religion undertaking persons or do not conform to the rules of this religion preside over religious activities;
(3) Without obtaining the consent of the religious body of the municipality and making a report to the administrative department for religious affairs of the municipal, district or county people's government for archival filing, the religion undertaking persons from other places come to this municipality to preside over religious activities, or the religion undertaking persons of this municipality go to other places to preside over religious activities.
(4) Unlawfully setting up a religious activity site; or
(5) Conducting missionary activities at places other than the religious activity site, or unlawfully establishing religious facilities or statues at public places.
Article 48 Where any non-religious body or non-religious activity site violates Article 36 of the present Regulation by accepting either directly or in disguised form any almsgiving, allowance, contribution or other religious donations, it shall be ordered by the administrative department for religious affairs of the municipal, district or county people's government to stop the activity; the illegal proceeds, if any, shall be confiscated; where the circumstance is serious, a fine of one time to three times of the illegal proceeds may be given concurrently.
Article 49 Where any state functionary violates the present Regulation by abusing his powers, resorting to fraud for private purposes or neglecting his duties in the administration of religious affairs, he shall be given administrative sanctions by the entity for which he works or by the superior competent department; if any crime is constituted, he shall be subject to criminal liabilities in accordance with law.
Chapter IX Supplementary Provisions
Article 50 Where foreigners carry out religious activities in this city, they shall comply with the “Provisions of the People's Republic of China on the Administration of Religious Activities of Foreigners within the Territory” as well as other relevant laws, regulations and the present Regulation.
Article 51 The present Regulation shall come into force on November 1, 2002.