Cabinet d'avocats
Regulation Governing Venues for Religious Activities
Decree
No. 145 of the State Council of the PRC signed by Premier Li Peng, 31 January
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.
[Translated by Amity News Service:
http://www.amityfoundation.org/ANS/home.htm.]