Newly revised Regulations of Beijing Municipality on Religious Affairs

(Adopted at the 35th Meeting of the Standing Committee of the Eleventh People's Congress of Beijing on July 18, 2002, and in accordance with the Amendment to the Regulations of Beijing Municipality on Religious Affairs adopted at the 29th Meeting of the Standing Committee of the Twelfth People's Congress of Beijing on July 28, 2006) Revised at the 23rd Meeting of the Standing Committee of the 15th People's Congress of Beijing on July 30, 2020)

catalog

general provisions

Chapter II Religious Organizations, Religious Institutions and Religious Staff

Chapter III Sites for Religious Activities

Chapter IV Religious Activities

Chapter V Religious Property

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

general provisions

Article 1 In order to guarantee citizens' freedom of religious belief, maintain religious harmony and social harmony, standardize the management of religious affairs, and improve the level of legalization of religious work, these Regulations are formulated in accordance with the Constitution, relevant laws, the Regulations on Religious Affairs and other administrative regulations, and in combination with the actual situation of this Municipality.

Article 2 These Regulations shall apply to religious affairs in this Municipality.

Article 3 Citizens shall have freedom of religious belief.

No organization or individual may compel citizens to believe in religion or not believe in religion, and may not discriminate against citizens who believe in religion (hereinafter referred to as religious citizens) or citizens who do not believe in religion (hereinafter referred to as non religious citizens).

Religious citizens, non religious citizens and citizens who believe in different religions should respect each other and live in harmony.

Article 4 Religious work shall adhere to the leadership of the Communist Party of China, fully implement the basic principles of the Party for religious work, adhere to the Chinese orientation of Chinese religions, and actively guide religions to adapt to socialist society.

Article 5 The administration of religious affairs shall adhere to the principles of protecting legality, curbing illegality, curbing extremism, resisting infiltration and combating crime.

Article 6 This Municipality protects normal religious activities according to law, and protects the lawful rights and interests of religious organizations, religious institutions, places for religious activities, religious staff and religious believers.

Religious organizations, religious schools, places for religious activities, religious staff and religious citizens shall abide by the Constitution, laws, regulations and rules, practice the core socialist values, and safeguard national unity, ethnic unity, religious harmony and social stability.

No organization or individual may use religion to engage in illegal activities that endanger State security, disrupt public order, harm citizens' health, impede the State's educational system, or otherwise harm the interests of the State, the public interest, and the legitimate rights and interests of citizens.

No organization or individual may create contradictions and conflicts between different religions, within the same religion, and between religious citizens and non religious citizens, promote, support, and finance religious extremism, and use religion to undermine national unity, split the country, and engage in terrorist activities.

Article 7 All religions shall adhere to the principle of independence and autonomy, and religious organizations, religious institutions, places of religious activities and religious affairs shall not be dominated by foreign forces.

Religious organizations, religious institutions, places of religious activities, and religious staff conduct foreign exchanges on the basis of mutual respect, equality, and friendship; Other organizations or individuals may not accept additional religious conditions in their foreign economic, cultural and other cooperation and exchange activities.

Article 8 The people's governments of cities, districts, towns and sub district offices shall strengthen religious work, establish and improve mechanisms for religious work, ensure the working strength and necessary working conditions, take the initiative to listen to the opinions of religious organizations, religious institutions, places for religious activities, religious clergy and religious believers, coordinate the management of religious affairs, and provide assistance for religious organizations Religious institutions and places for religious activities provide public services.

Villagers' committees and residents' committees shall assist the people's government in managing religious affairs according to law, publicize laws, regulations, rules and policies related to religion, carry out various forms of socialist spiritual civilization construction activities, and educate and guide the masses to consciously resist illegal religious activities; If any problem is found, it shall be reported to the local township people's government and sub district office in a timely manner.

Article 9 Religious affairs departments shall, in accordance with law, administer religious affairs that involve the interests of the State and the public interest. The relevant departments of public security, civil affairs, education, planning and natural resources, housing and urban and rural construction, culture and tourism, and Internet information should do a good job in the management of religious affairs within their respective responsibilities.

The city shall establish and improve the joint law enforcement mechanism in the religious field according to needs, and strengthen the coordination of all relevant departments in the administrative law enforcement in the religious field.

Article 10 The religious affairs department shall establish and improve a complaint reporting mechanism, and shall deal with complaints and reports that fall within the scope of its duties in a timely manner; If it falls within the scope of the duties of other departments, it shall be transferred to the relevant departments in a timely manner. The handling or transfer shall be fed back to the complainant.

Chapter II Religious Organizations, Religious Institutions and Religious Staff

Article 11 The applicant shall apply to the municipal or district religious affairs department for the establishment, change or cancellation of a religious organization. The municipal or district religious affairs department shall put forward examination opinions within 20 days from the date of accepting the application. If the municipal or district religious affairs department approves the application, the applicant shall register with the civil affairs department at the same level in accordance with the relevant provisions of the State on the administration of the registration of social organizations.

Without the examination and approval of the religious affairs department and the registration with the civil affairs department, no activities may be carried out in the name of religious organizations.

Article 12 Religious organizations shall, in accordance with the provisions of laws, regulations, rules and their articles of association, establish and improve their organizational structures, management systems and democratic decision-making mechanisms.

Religious organizations shall guide religious educational affairs, formulate rules and regulations related to teaching staff, activities, finance, safety and other aspects of their own religion in accordance with relevant regulations, and urge their implementation.

Religious institutions, places for religious activities and religious staff shall abide by the rules and regulations formulated by religious organizations.

Article 13 Religious organizations shall assist the people's government in implementing laws, regulations, rules and policies, train, recognize and manage religious clergy, educate religious clergy and religious citizens in patriotism and the rule of law, and guide religious clergy and religious citizens to strengthen their awareness of the state, the rule of law and citizenship.

Religious organizations should contact and serve religious staff and religious citizens, listen to opinions and suggestions, reflect reasonable demands, and safeguard the legitimate rights and interests of religious staff and religious citizens.

Article 14 Religious organizations should make full use of the cultural resources of this city, conduct research on religious culture and religious classics, carry out the construction of religious ideology, dig deeply into the contents of religious doctrines and rules that are conducive to social harmony, progress of the times, health and civilization, and make interpretations of religious doctrines and rules that meet the requirements of the development and progress of contemporary China and the excellent traditional culture of China.

Article 15 Religious institutions shall be established by national religious organizations or municipal religious organizations, and no other organization or individual may establish religious institutions in this Municipality.

If a municipal religious organization plans to establish a religious college, it shall apply to the municipal religious affairs department. The municipal religious affairs department shall, within 30 days from the date of receiving the application, submit its opinions to the religious affairs department under the State Council for examination and approval.

When a religious institution changes its address, name, affiliation, training objectives, school system, school scale, etc., as well as its merger, separation and termination, it shall go through the relevant formalities in accordance with the procedures specified in the preceding paragraph.

Article 16 The municipal religious organizations shall, in accordance with the law, perform the main responsibility of running religious schools, and strengthen the daily management, guidance and supervision of religious schools established.

Religious colleges and universities should adhere to the correct direction of running schools, improve the internal management and operating mechanism, reasonably set up teaching courses, strengthen the construction of teaching staff and daily teaching management, actively carry out religious academic research, and conduct education and training for students and religious teaching staff.

Article 17 Religious staff may engage in religious and educational activities as religious staff only after they have been identified by the municipal religious organizations and reported to the municipal religious affairs department for the record. Those who have not obtained or have lost the qualifications of religious clergy shall not engage in activities as religious clergy.

If a religious staff member abandons, is dissolved, or loses his or her identity as a religious staff member for other reasons, the religious organization that originally recognized his or her identity as a religious staff member shall go through the formalities for cancellation of the record at the municipal religious affairs department in a timely manner.

Religious clergy who hold or leave the main teaching posts in places of religious activities shall, with the consent of religious organizations of their respective religions, be reported to the municipal or district religious affairs departments for the record.

Article 18 When religious organizations in this Municipality invite non religious staff to preside over religious activities in this Municipality, they shall report in advance to the municipal or district religious affairs departments for the record; When religious institutions and places of religious activities in this Municipality invite non religious staff to host religious activities in this Municipality, they shall obtain the prior consent of religious organizations of their respective religions and report to the municipal or district religious affairs departments for the record.

The religious staff who are not in this city shall abide by the various systems of this religious activity place and register for temporary residence in accordance with the relevant provisions of the state and this city when they come to this city's religious activity place for temporary residence.

Article 19 Religious staff shall participate in social security and enjoy relevant rights according to law. Religious organizations, religious schools and places for religious activities shall, in accordance with the regulations, register social insurance for religious staff, provide necessary living security and help solve difficulties.

Chapter III Sites for Religious Activities

Article 20 Places for religious activities include temples, palaces, mosques, churches (hereinafter referred to as temple churches) and other fixed places for religious activities.

Religious organizations may set up places for religious activities, and no other organization or individual may set up places for religious activities.

If a religious organization prepares to set up a place for religious activities, it shall apply to the district religious affairs department in the place where the proposed place for religious activities is located. If the district religious affairs department receives an application for the establishment of other places for fixed religious activities, it shall make a decision of approval or disapproval within 30 days; If an application for the establishment of a temple or church is received, the examination opinions shall be put forward within 30 days and reported to the municipal religious affairs department, which shall make a decision on approval or disapproval within 30 days.

Only after the application for the establishment of a place for religious activities is approved can the preparatory work be carried out. After the construction is completed, an application for registration shall be filed with the local religious affairs department.

Article 21 The municipal and district people's governments shall take into account the functional orientation of cities and the reality of religious activities as a whole, and incorporate the construction of places for religious activities into their territorial space planning.

The new construction, reconstruction, expansion and reconstruction of places for religious activities or buildings in places for religious activities shall comply with the provisions of relevant laws and regulations on planning, construction, religious affairs, cultural relics protection, etc., reflect the Chinese style and Chinese elements, and coordinate with the surrounding environment.

The religious affairs department shall standardize and guide religious organizations to solve the problem of places for religious activities by leasing, purchasing, etc.

Article 22 Where a place for religious activities meets the requirements of a legal person, it may register as a legal person with the civil affairs department after obtaining the consent of the religious organization and reporting it to the district religious affairs department where it is located for examination and consent.

Article 23 Sites for religious activities shall establish management organizations to implement democratic management, and establish and improve various internal management systems in accordance with regulations. The management organization shall be composed of religious staff, representatives of religious citizens and other relevant personnel. Members of the management organization shall be elected through democratic consultation and reported to the district religious affairs department for the record.

Article 24 Sites for religious activities should strengthen safety management, formulate contingency plans for emergencies, implement civil, technical and material defense measures, promptly identify potential safety hazards, prevent major accidents or incidents that harm religious feelings of religious citizens, undermine national unity, and affect social stability, and accept religious affairs and other relevant departments and township people's governments Guidance, supervision and inspection of subdistrict offices.

In the event of an emergency, the religious activity site shall immediately report, launch the emergency plan, obey the command and arrangement of the people's government, and cooperate with the work.

Article 25 If there are places for religious activities in the scenic spot, the scenic spot management organization and the places for religious activities should establish a communication mechanism, clarify their respective responsibilities, and jointly implement the national and municipal regulations on religion, tourism, safety, ticketing, etc.

The management organization of the scenic spot shall provide convenience and necessary service guarantee for the normal religious activities in the religious activity place, and shall not interfere with the normal religious activities and internal affairs in the religious activity place; Religious venues shall consciously maintain the safety order of the scenic spot, cooperate with the scenic spot management organization to do a good job in the safety management of the scenic spot, and shall not interfere with the normal operation of the scenic spot.

The departments of religious affairs, landscaping, culture and tourism, cultural relics, etc. should strengthen communication and coordination, timely deal with problems encountered by scenic spot management organizations and religious venues, maintain the order of scenic spots, and protect normal religious activities.

Article 26 It is prohibited to build outdoor religious statues outside temples and churches. It is prohibited to set up religious facilities in public places other than places for religious activities.

Article 27 Whoever enters a place for religious activities shall abide by the administrative system of the place for religious activities and respect religious customs; They shall not interfere with the normal conduct of religious activities; Arguments and propaganda among different faiths, different religions and different sects of the same religion shall not be allowed.

Chapter IV Religious Activities

Article 28 Collective religious activities of citizens who believe in religion should generally be held in places for religious activities, organized by places for religious activities, religious organizations or religious schools, presided over by religious clergy or other persons who conform to the provisions of their religion, and conducted in accordance with the teachings and rules.

Other persons who can preside over religious activities in accordance with the provisions of this religion shall be reported by the municipal religious organizations to the municipal religious affairs department for the record.

Article 29 For holding large-scale religious activities across provinces, autonomous regions, or municipalities directly under the Central Government that exceed the capacity of religious venues in this Municipality, or for holding large-scale religious activities outside the venues for religious activities, the religious organizations, temples, and churches hosting the activities shall report to the district religious affairs department of the place where the activities are to be held for approval 30 days before the planned day. The district religious affairs department shall, within 15 days from the date of acceptance, make a decision of approval or disapproval after soliciting the opinions of the district public security organ; The decision of approval shall be filed with the municipal religious affairs department.

Article 30 The holding of seminars, forums and other activities by religious organizations, religious schools and religious activity venues or in cooperation with other organizations and individuals shall conform to their purposes and the provisions of their articles of association, and shall be filed with the district religious affairs department of the place where they are to be held 20 days before the planned date, and shall be reported to the relevant departments for examination and approval in accordance with relevant provisions.

Article 31 Religious organizations, religious schools and places for religious activities shall strengthen the training of religious teaching staff through various kinds of education and training, so as to improve their religious knowledge, cultural quality and moral cultivation.

Religious organizations, temples and churches shall report to the municipal or district religious affairs departments for examination and approval in accordance with regulations if they carry out religious education and training to train religious staff and study for more than three months.

Other religious education training courses held by religious organizations, temples and churches, and religious education training courses held by other fixed places for religious activities shall be reported to the municipal or district religious affairs departments for the record.

Article 32 Non religious organizations, non religious institutions, non religious venues and non designated temporary venues shall not organize or hold religious activities, and shall not accept religious donations.

Non religious organizations, non religious colleges and universities, and non religious venues may not carry out religious education and training, and may not organize citizens to leave the country to participate in religious training, meetings, activities, etc.

Article 33 It is prohibited to preach in public places, office places, production and business places other than places for religious activities, religious schools and designated temporary places.

Article 34 It is prohibited to preach, hold religious activities, establish religious organizations or set up places for religious activities in schools other than religious schools and other educational and training institutions.

It is prohibited to preach or carry out religious education and training activities by holding summer (winter) camps, research trips, etc.

Institutions of higher learning and other schools and other education and training institutions should do a good job in resisting the infiltration of religion.

Article 35 Engaging in Internet religious information services shall be examined and approved by the municipal religious affairs department and handled in accordance with the relevant provisions of the State on the administration of Internet information services.

The content of religious information on the Internet shall comply with laws, regulations, rules and the relevant provisions of religious affairs management. Network operators and Internet religious information service providers shall immediately stop the transmission of illegal and bad information, take measures such as elimination, prevent the spread of information, keep relevant records, and report to the relevant departments in a timely manner.

Article 36 Religious organizations shall strengthen the construction and management of self built network platforms, guide and supervise religious institutions and places for religious activities to carry out Internet religious information services according to law, and regulate the acts of religious clergy in publishing information on the Internet.

Article 37 Religious organizations, religious institutions, temples and churches may, in accordance with the relevant provisions of the State, compile, print and distribute religious internal information publications or other religious printed materials. Publication of religious publications for public distribution shall be handled in accordance with the provisions of the State on publication administration.

The entry of religious printed matter, audio-visual products and other religious articles in excess of a reasonable amount for personal use, or the import of religious printed matter, audio-visual products and other religious articles in other ways, shall be handled in accordance with the relevant provisions of the State.

No organization or individual may compile, print, receive, reproduce, transport, sell or distribute illegal religious print and audio-visual products.

Article 38 This Municipality protects and administers the religious activities of foreigners according to law. Foreigners who engage in religious activities shall abide by the laws, regulations and rules governing the religious activities of foreigners within the territory of China and the relevant provisions of the State and this Municipality.

Article 39 The government departments, enterprises, institutions, other organizations and other relevant units that carry out foreign-related cultural tourism, exhibitions, public charities, artistic performances and other activities in this Municipality shall understand the needs of religious activities during the activities, help foreigners understand the regulations of the State and this Municipality on the administration of religious affairs, and guide them to participate in religious activities according to law and regulations. The religious affairs department shall give more guidance to the relevant units.

During the large-scale international activities held in this city, the sponsor of the activities shall, together with the religious affairs department, do a good job of service guarantee for foreigners to participate in religious activities in this city in accordance with the relevant provisions of the State.

Chapter V Religious Property

Article 40 The land lawfully used by religious organizations, religious schools, and places for religious activities, and the houses, structures, facilities, and other lawful property and income lawfully owned or used shall be protected by law. No organization or individual may seize, plunder, privately divide, destroy, or illegally seal up, detain, freeze, confiscate, or dispose of it.

Article 41 Religious organizations, religious institutions and places for religious activities shall, in accordance with the law, register the ownership of their houses and the land they use and obtain certificates of real property rights; Where the property right is changed or transferred, the registration of the change or transfer shall be handled in a timely manner.

When the change or transfer of land use right of religious organizations, religious schools and religious venues is involved, the real estate registration office shall seek the opinions of the religious affairs department.

The departments of religious affairs, housing and urban and rural construction, planning and natural resources and the people's governments of the relevant districts shall, within their respective functions and responsibilities, do a good job in the confirmation and registration of religious houses and land. The specific measures shall be formulated by the municipal religious affairs department in conjunction with the relevant departments.

Article 42 Where it is necessary to expropriate houses of religious organizations, religious institutions or places for religious activities for the sake of public interests, the housing expropriation department shall, together with the religious affairs department, solicit opinions of religious organizations, religious institutions or places for religious activities, and implement the relevant provisions of the State and this Municipality. Religious groups, religious schools or places for religious activities may choose monetary compensation, exchange of property rights of houses or reconstruction.

Houses and structures used for religious activities in places of religious activities and the living houses of religious staff attached to them may not be transferred, mortgaged or used as investment in kind.

Article 43 Religious organizations, religious schools and places for religious activities shall, in accordance with the provisions of relevant laws and regulations, strengthen the daily inspection and maintenance of cultural relics and historical buildings under management and use, and accept the guidance and supervision of the departments of cultural relics, planning and natural resources, housing and urban and rural construction.

The user shall be responsible for the repair and maintenance of religious sites and religious buildings belonging to state-owned immovable cultural relics; The owner shall be responsible for the repair and maintenance of religious sites and religious buildings that belong to non-state-owned immovable cultural relics. If there is danger of damage and the owner does not have the ability to repair, the municipal and district people's governments shall give help.

Article 44 Religious organizations, religious institutions and places for religious activities shall implement the unified financial, asset and accounting systems of the State, adhere to the principle of openness and transparency, regularly publish their financial revenues and expenditures to citizens of their religious beliefs in an appropriate manner, and accept the supervision and management of religious affairs, civil affairs and other departments.

Chapter VI Legal Liability

Article 45 If a religious organization, religious institution, or religious activity site violates the provisions of the first paragraph of Article 18, Article 30, or the third paragraph of Article 31 of these Regulations and fails to go through the filing procedures, the religious affairs department shall order it to make corrections; If the circumstances are relatively serious, the civil affairs or religious affairs department shall order the religious group, religious institution or religious activity place to replace the person in charge who is directly responsible for it; If the circumstances are serious, the civil affairs or religious affairs department shall order them to stop their daily activities, reorganize their management organization, and make rectification within a time limit. If they refuse to make rectification, their registration certificate or establishment permit shall be revoked according to law; Any illegal gains or property shall be confiscated by the religious affairs department.

Article 46 Whoever, in violation of the provisions of Article 26 and Article 33 of these Regulations, commits one of the following acts shall be given a warning, ordered to correct or stop his activities, and may also be fined not less than 2000 yuan but not more than 10000 yuan by the religious affairs department; The illegal gains and property, if any, shall be confiscated; If the act constitutes a violation of the administration of public security, the public security organ shall impose a public security administration punishment according to law; If a crime is constituted, criminal responsibility shall be investigated according to law:

（1） Building open-air religious statues other than large-scale open-air religious statues outside the temple church;

（2） Setting up religious facilities in public places other than places for religious activities;

（3） To preach in a public place, office, production or business place other than a place of religious activities, a religious institution or a designated temporary place of activity.

Those who, in violation of the provisions of Article 26 of these Regulations, build large open-air religious statues outside temples and churches shall be dealt with in accordance with the provisions of the Regulations on Religious Affairs.

Article 47 Whoever, in violation of the provisions of the second paragraph of Article 34 of these Regulations, preaches or conducts religious education and training activities by holding summer (winter) camps, research trips, etc., shall be ordered by the religious affairs department in conjunction with the relevant departments to stop the activities and may also be fined not less than 50000 yuan but not more than 200000 yuan; The illegal gains and property, if any, shall be confiscated; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 48 These Regulations shall come into force as of November 1, 2020