深圳经济特区宗教事务条例
|
深圳市人大常委会公告第71号 Regulations on Religious Affairs of the Shenzhen Special Economic Zone was adopted at the Twenty-seventh Meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress and promulgated on October 27, 1998, and shall take effect as of January 1, 1999. Regulations on Religious Affairs of the Shenzhen Special Economic Zone (Adopted at the Twenty-seventh Meeting of the Standing Committee of the Second Shenzhen People’s Congress on October 27, 1998) Chapter I General Provisions Article 1 In order to protect citizens’ freedom of religious belief, maintain normal religious activities, and safeguard lawful rights and interests of religious circles, these regulations are formulated hereby in compliance with Constitution of the People’s Republic of China and the related law, regulations of the state as well as in the light of the specific circumstances of this city. Article 2 Religious affairs shall mean various relations, behavior or activities, existing between religion and the state, society, citizens, which concern the public interests of the society These regulations shall apply to administration of religious affairs within the administrative division of this city. Article 3 A citizen shall have freedom of religious belief. Any organization and individual shall neither force a citizen to believe or not to believe in a religion, nor discriminate both a citizen with religious belief and a citizen without religious belief. There shall be mutual respect between citizens with religious belief and those without religious belief, and among citizens of different religions and different religious sects. Article 4 Religious places, clergymen, citizens with religious belief, lawful rights and interest of religious groups, and normal religious activities shall be protected by law, any organization and individual shall not infringe and interfere. Article 5 Religious activities shall be conducted within the limits set by law and regulations. Any organization and individual shall not use religion to interfere in administrative and judicial affairs of the state, disrupt social order, do damage to physical and mental health of citizens, and jeopardize the state educational system. Religious groups and activities shall not be under control of foreign forces. Article 6 The Department of Religious Affairs of the Shenzhen Municipal People’s Government (hereinafter referred to as “the municipal department of religious affairs”) shall be the responsible department for religious affairs of the city. The departments of religious affairs of district people’s governments (hereinafter referred to as the district department of religious affairs) shall be the responsible departments for religious affairs of the districts under their respective jurisdiction. The municipal department of religious affairs shall provide professional direction for the district departments of religious affairs. The related departments of the municipal, district people’s governments shall, according to their respective functions, help the departments of religious affairs to administer religious affairs. Chapter II Religious Places Article 7 Religious places referred to in these regulations shall mean regular places for citizens with religious belief to have collective religious activities such as monasteries, temples, mosques, churches, etc. Article 8 Religious places shall be registered and have annual inspection according to law. Construction, reconstruction of religious places shall be examined and verified by the municipal people’s government, and reported to the Guangdong Provincial People’s Government for approval. Article 9 In religious places, administrative organizations shall be established to conduct democratic administration, various management systems for religious affairs, finance, security, firefighting, etc. shall also be set up and have improvement. Article 10 Religious places may accept voluntary donation, special endowment, benefaction and other contributions from citizens and social groups. Article 11 Religious places may start public service business for self-supporting. Article 12 It shall be allowed in religious places to deal in religious articles, religious works of art, and religious publications according to the related rules. Article 13 The permanent residents in religious places and temporary residents from somewhere else shall abide by the rules on residence registration of this city. Article 14 If there is a display, exhibition, film shooting and TV play series making to be conducted in a religious place, it shall be approved by the administrative organization of this religious place and a department of religious affairs. Article 15 Religious places listed as units to be protected as historical relics or locating in scenic spots shall strengthen protection of historical relics and environment in accordance with the related law and regulations. Article 16 The monasteries, temples, and churches, which are not used for religious activities but run by the departments in charge of historical relics, tourism, and gardening, shall not accept contributions, sell religious articles, and conduct religious activities. Article 17 Closing and changing of religious places shall be reported to the original registration office and go through the related procedures; if a religious place is closed, its property shall be disposed according to the related law and regulations. Chapter III Religious Activities Article 18 Religious activities referred to in these regulations shall mean the activities conducted by citizens with religious belief in compliance with religious doctrines, canons, traditions and customs. These activities include worshiping Buddha, reciting scriptures, burning incense, religious service, praying, Mass, expounding the texts of Buddhism, preaching, fasting, baptizing, ceremony for being initiated into monkhood or nunhood, last sacrament, memorial service, celebrating religious holidays, etc. Article 19 Religious activities shall be conducted in religious places registered according to law or in the places approved by the departments of religious affairs. Article 20 When citizens with religious belief having religious activities as a group, the activities shall be directed by a religious clergyman or a qualified person according to the rules of this religion. Article 21 If there is a city-wide grand ceremony of a religion to be held, the sponsor shall report to the municipal department of religious affairs 30 days before the date of the ceremony. The municipal department of religious affairs shall reply within 15 days after receiving the report. Article 22 Any organization and individual shall not engage in propaganda and debate between different religions and between different religious sects in religious places. Chapter IV Religious Clergymen Article 23 Religious clergymen referred to in these regulations shall mean the persons identified by religious groups as having certain kinds of status of clergy, including Buddhist Bhiksu, Bhiksuni; Taoist priest, Taoist nun; Islamic ahung, imam; Catholic bishop, priest; Christian pastor, minister, missionary, presbyter, and other identified people. Article 24 The status of clergy shall be identified or removed by a religious group according to the requirements and procedures set by the religion, and reported to the municipal department of religious affairs for record. Article 25 Religious clergymen may direct religious activities, handle religious affairs and participate in democratic administration in religious places. Article 26 If a clergyman of this city is invited to direct religious activities out of the city or a clergyman out of the city is invited to come to the city to direct religious activities, it shall be required to have approval from the municipal religious group and to report to the municipal department of religious affairs for record. Article 27 Religious clergymen shall not accept the funds for religious use and conditional contributions provided by religious groups or individuals abroad. Chapter V Religious Groups Article 28 Religious groups referred to in these regulations shall mean the patriotic organizations, religious affairs organizations of various religions, established by registration according to law and consisting of citizens with religious belief, which include the municipal, district Patriotic Associations of Christian Three “Self ”, Christian Association, Catholic Patriotic Association, Islamic Association, Buddhist Association and other religious organizations. Article 29 In order to establish a religious group, an application shall be filed in accordance with the rules set by the state for registration and administration of mass organizations, after approval from the municipal or district department of religious affairs, the status of the corporation aggregate shall be obtained by verification and registration in the local department of civil administration. Article 30 Religious groups shall carry out activities in compliance with their own rules. Article 31 Religious groups shall help governments implement the religion-related law, regulations, teach religious clergymen and citizens with religious belief both patriotism and national unity, protect their lawful rights and interests, organize normal religious activities, handle religious affairs, engage in academic research and exchange in religious culture. Chapter VI Religious Property Article 32 Religious property referred to in these regulations shall mean the houses, land (including attached tablets, pagodas, forests, tombs, etc.), various religious facilities and articles, religious income owned or managed for use by religious groups or religious places, and also the assets and earnings lawfully owned by their public service business. Article 33 Religious property shall be protected by law, any organization and individual shall not encroach upon and do damage to such property. Article 34 Houses or land as religious property shall be registered according to the related rules, house titles and land use certificates shall be obtained; if there is any change, the formalities for change shall be complied with. Article 35 If urban construction needs to remove any house of religious property, it shall be preceded by consulting with the religious group or religious place and the department of religious affairs, a reasonable settlement or compensation shall be arranged according to law; requisition of the land managed and used by a religious group or a religious place shall be done in compliance with the related law and policies. Chapter VII Religious Publications Article 36 Religious publications referred to in these regulations shall mean religious scriptures, ancient books and records, books, newspapers, journals, audio and video materials, electric publications to record or expound religious doctrines and canons, which are approved and permitted to be published and produced. Without approval, any organization and individual shall not publish, produce, sell, ship, and distribute religious publications. Article 37 If religious groups, religious places want to publish and produce religious publications, they shall have the department of religious affairs do examination and give approval, and obtain permits in accordance with the related regulations on publications. Article 38 The following materials shall be submitted to the department of religious affairs to apply for examination and approval of publishing and producing of religious publications: (1) a written application for publishing and producing; (2) the lawful registration documents of religious groups, religious places; (3) sample publications Article 39 The publishing and producing of religious publications shall be done in the qualified enterprises for publishing and producing according to the requirements set by the state. Chapter VIII Religious Activities Concerning Foreign Affairs Article 40 Religious groups, religious places and religious personage shall insist on the principles of independence and self-initiation, mutual noninterference, equality and friendliness, and mutual respect in their friendly intercourse and cultural, academic exchange with the religious groups and individuals of foreign countries. Article 41 If religious groups or individuals are invited to go abroad for visit and invite the religious groups or individuals of foreign countries to come for visit, they shall apply to the municipal department of religious affairs for approval, and go through the formalities in compliance with the related regulations on foreign affairs and the state’s control of exit and entry. Article 42 If a religious group invites foreign religious figures to expound scriptures, preach a sermon, and conduct other religious, academic, cultural exchange in the religious places of this city, it shall be approved by the municipal department of religious affairs and proceed in compliance with the related rules. Article 43 Foreigners may participate in religious activities in the religious places of this city; they may attend the service and worship in the places designated by the municipal department of religious affairs. Article 44 It shall not be allowed in this city for foreigners either to establish a religious organization, set up a religious agency, open a religious place, and run a religious school, or to recruit followers of a religion among Chinese citizens, appoint religious clergy and engage in other missionary work. Article 45 If religious groups and religious places accept the contribution from foreign religious organizations or individuals, it shall be conducted according to the amount and use of the contribution in compliance with the related rules of the state. Article 46 Any department and unit shall not accept additional religious terms in cooperation and contacts with foreigners in trade, science and technology, culture, education, overseas Chinese affairs, tourism, sports, etc. Chapter IX Legal Liabilities Article 47 If there is one of the following acts in violation of these regulations, the department of religious affairs or the other related departments shall order stopping the infringement act, issue a warning to the responsible unit and the directly responsible person, and may impose a fine of more than 1,000 but less than 5,000 RMB at the same time: (1) infringing upon citizens’ freedom of religious belief with the resultant damage to their legal rights; (2) inciting disputes between the citizens with religious belief and those without, and among the citizens with different religious beliefs; (3) occupying and damaging the legal property of religious groups and religious places; (4) disturbing, obstructing normal religious activities and ignoring admonition. Article 48 If there is one of the following acts in violation of these regulations, the department of religious affairs or the other related departments shall, according to how serious the case is, order stopping the act, issue a warning, seize the articles for illegal activities and confiscate illegal earnings, and may impose a fine of more than 1,000 but less than 5,000 RMB at the same time: (1) directing or organizing religious activities in the places which have not been registered and approved by the department of religious affairs; (2) pretending to be a clergyman in order to engage in religious activities and religious administration; (3) accepting additional religious terms in cooperation and contacts with foreigners; (4) establishing a religious organization without approval; (5) accepting religious subsidies, missionary fund, or the contribution with additional terms provided by religious organizations and individuals from abroad. Article 49 If there is one of the following acts in violation of these regulations, the department of religious affairs or the other related departments shall, according to how serious the case is, order correcting, confiscate illegal earnings and articles, close down, dismantle illegal facilities or put them to other use; if the case is serious, a fine of more than 5,000 but less than 30,000 RMB or 1-5 times of illegal earnings may be imposed at that same time: (1) constructing, reconstructing a religious place without examination and approval or setting up a religious place without authorization; (2) holding displays, exhibitions, and shooting films and TV play series in religious places without approval; (3) collecting contributions, selling religious articles, and conducting religious activities in monasteries, temples, and churches under administration of the departments of historical relics, tourism, and gardening; (4) publishing, making, selling, shipping, and distributing religious publications without examination and approval. Article 50 If a party concerned refuses to accept the disciplinary sanction, an application may be filed for administrative review or an appeal may be lodged to the people’s court directly according to law. Article 51 If anyone of the state personnel abuses power, neglects duties, practices favoritism and engages in irregularities, the unit this person is affiliated with or the responsible department at a higher level shall, according to how serious the case is, order correcting, and may impose disciplinary sanction; if a crime has been committed, the criminal responsibility shall be ascertained according to law. Article 52 If a foreigner has violated these regulations, the department of religious affairs shall do dissuasion; if Administration Law of Entry and Exit of Foreigners of the People’s Republic of China, Regulations on Punishment for Public Security of the People’s Republic of China have been violated, the department of public security shall impose sanction according to law; if a crime has been committed, the criminal responsibility shall be ascertained according to law. Chapter 10 Supplementary Provision Article 53 If Chinese nationals residing abroad and the residents, religious organizations of Hong Kong Special Administrative Region, Macao, Taiwan engage in religious activities in this city, they shall refer to these regulations. Article 54 These regulations shall take effect as of January 1, 1999. |
