Special “Regulations on Religious Affairs” for Xinjiang, of which “Bitter Winter” offers a full English translation, will further reduce the possibility of religion to survive, if not as a propaganda mouthpiece of the Communist Party.
by Ma Wenyan
From February 1, 2024, Xinjiang will have its own “Regulations on religious affairs,” which is harsher than the one imposed on other provinces and regions. Even Chinese propaganda admits that religion will be more tightly controlled in Xinjiang than in “normal” provinces and regions but as usual justifies this with the need of combating “extremism” and “terrorism.”
Some norms repeat national statutes and regulations, but with a local, anti-Muslim twist. For example, religious organizations shall “interpret the teachings and canons in line with the development and progress requirements of contemporary China and the excellent traditional Chinese culture.” This is an allusion to recent campaigns looking for historical examples of a “Confucianized” and “de-Islamized” Islam.
Religious schools and seminaries are the object of a special crackdown, as only organizations connected with the government-controlled five authorized religions are authorized to establish schools. They are expected to inculcate “Chinese patriotism” and the “correct interpretation of religious doctrines,” where “correct” means loyal to the Communist Party. In fact, “Religious colleges and universities shall accept the guidance, supervision, and inspection” of the local CCP authorities.
Buddhism is certainly not the predominant religion in Xinjiang but, just to be on the safer side, the Regulations repeat that “registered living Buddhas of Tibetan Buddhism shall be handled in accordance with the ‘Measures for the Management of the Reincarnation of Living Buddhas of Tibetan Buddhism,’” i.e., with the bizarre attempt by an atheistic regime to control who is allowed to reincarnate and how.
Religious clergy “should be patriotic and law-abiding, adhere to the right path, and oppose extremism.” “Accepting instructions from overseas organizations or individuals” is prohibited, which may be problematic for Catholics as well, as they certainly “accept instructions” from the Vatican.
Designed for Muslims are the norms stating that religion should not interfere in “clothing, weddings, funerals and other ethnic customs,” that “religious activity sites that are newly built or renovated, expanded or rebuilt should reflect Chinese characteristics and style in terms of architecture, sculptures, paintings, decorations, etc.”—a justification of the vandalism on mosques under the pretext of Sinicization; and that “except for the China Islamic Association no other organization or individual may organize Hajj activities in any name,” which would put further pressure on unaffiliated mosques to join the government-controlled association, since this is a pre-condition to be allowed to organize Mecca pilgrimages.
Although the provision is in the national law, it is always fit to remind citizens, as the Regulations do, that taking minors of 18 to a religious celebration or teaching them religious notions in any way is forbidden.
The law asks religions to transmit a “patriotic” (Chinese) spirit to its devotees, and not to teach doctrines that may run against “Scientific progress.” But an atheist would say that most religious doctrines if not all are against “Scientific progress,” so the margin of discretionary appreciation of this provision is enormous.
The Xi Jinping regime continues to pay lip service to religious liberty for “normal” religious activities: the adjective comes for the Chinese Constitution and what is “normal” is decided by the Party—which may adopt stricter criteria in Xinjiang.
A full English translation of the new Regulations follows.
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Regulations on Religious Affairs of the Xinjiang Uyghur Autonomous Region
(Adopted at the 11th meeting of the Standing Committee of the 12th People’s Congress of the Xinjiang Uyghur Autonomous Region on November 28, 2014, and revised at the 7th meeting of the Standing Committee of the 14th People’s Congress of the Xinjiang Uyghur Autonomous Region on December 22, 2023)
Announcement of the Standing Committee of the 14th People’s Congress of the Xinjiang Uyghur Autonomous Region
(No. 20)
The “Regulations on Religious Affairs of the Xinjiang Uyghur Autonomous Region” was revised and adopted by the seventh meeting of the Standing Committee of the 14th People’s Congress of the Xinjiang Uyghur Autonomous Region on December 22, 2023. It is hereby announced and will come into effect on February 1, 2024.
January 4, 2024
Table of contents
Chapter 1 General Provisions
Chapter 2 Religious Groups
Chapter 3 Religious Schools
Chapter 4 Places for Religious Activity
Chapter 5 Religious Clergy
Chapter 6 Religious Activities
Chapter 7 Religious Property
Chapter 8 Legal Liability
Chapter 9 Supplementary Provisions
Chapter 1 General Provisions
Article 1 In order to protect citizens’ freedom of religious belief, maintain religious harmony and social harmony, standardize the management of religious affairs, and improve the legalization of religious work, this document is formulated in accordance with the Constitution, the “Regulations on Religious Affairs” of the State Council and relevant laws and regulations, and in light of the actual conditions of the autonomous region. regulations.
Article 2 These regulations shall apply to religious affairs and related activities within the administrative area of the autonomous region.
Article 3 Citizens have freedom of religious belief. No organization or individual may induce or force citizens to believe in a religion or not believe in a religion and may not discriminate against citizens who believe in a religion (hereinafter referred to as citizens who believe in a religion) or citizens who do not believe in a religion (hereinafter referred to as citizens who do not believe in a religion). Citizens who believe in a religion, citizens who do not believe in a religion, and citizens who believe in different religions should treat each other equally, respect each other, and live in harmony. No organization or individual may create conflicts and disputes between different religions, within the same religion, or between religious citizens and non-religious citizens.
Article 4 The management of religious affairs adheres to the principles of protecting legality, suppressing illegality, curbing extremism, resisting infiltration, and combating crime.
Article 5 The autonomous region protects normal religious activities in accordance with the law, actively guides religion to adapt to socialist society, and safeguards the legitimate rights and interests of religious groups, religious schools, religious activity venues, religious clergy and religious citizens. Religious groups, religious schools, religious activity venues, religious clergy and religious citizens must abide by the constitution, laws, regulations and rules, practice the core socialist values, adhere to the direction of sinicization of religion in my country, and safeguard national unity, ethnic unity, religious unity and religious unity. Harmony and social stability. No organization or individual may use religion to carry out activities that split the country, spread religious extremist ideas, incite ethnic hatred, carry out violent terrorism, undermine ethnic unity, disrupt social order, or harm citizens’ physical and mental health; religion may not be used to hinder national administration, justice, education, The implementation of cultural, marriage, family planning, inheritance and other systems; religion shall not be used to carry out other activities that endanger national security and interests, social public interests and the legitimate rights and interests of citizens.
Article 6: All religions adhere to the principle of independence and self-management. Religious groups, religious schools, religious activity venues and religious affairs are not subject to interference or control by foreign forces. Religious groups, religious schools, religious activity venues, and religious clergy who carry out friendly exchanges or religious cultural and academic exchange activities with overseas religious organizations and religious persons must abide by relevant national laws, regulations, and rules, and adhere to the principles of equality, friendship, mutual respect, and on the basis of non-interference.
Article 7 People’s governments at all levels should strengthen religious work, establish and improve religious work mechanisms, ensure working strength and necessary working conditions, strengthen grassroots religious affairs service management, and listen to religious groups, religious schools, religious activity venues, and religious clergy. and the opinions of religious citizens to provide public services to religious groups, religious schools and religious activity venues. The religious affairs departments of the people’s governments at or above the county level shall conduct administrative management of religious affairs involving national interests and social public interests within their respective administrative regions in accordance with the law. Other relevant departments of the people’s governments at or above the county level are responsible for relevant administrative work within the scope of their respective duties and responsibilities in accordance with the law. Township people’s governments and sub-district offices shall, under the guidance of the religious affairs department of the county-level people’s government, perform a good job in the management of religious affairs in their respective administrative regions. Villagers’ committees and residents’ committees shall assist the people’s government in managing religious affairs in accordance with the law. If they discover illegal religious organizations, illegal preachers, illegal religious activities, or the use of religion to interfere in grassroots public affairs, they shall promptly report it to the local township people’s government, sub-district office, or religious affairs, etc.’s relevant departments.
Article 8 The religious affairs department of the people’s government of the autonomous region shall organize and promote the informatization of religious work in the autonomous region and improve the informatization level of religious affairs management.
Article 9 The people’s governments at or above the county level shall monitor religious groups, religious schools, and religious activity venues that have made outstanding achievements in safeguarding national unity, ethnic unity, religious harmony, and social stability, curbing extremism, resisting infiltration, and suppressing illegal religious activities. Religious clergy and citizens shall be commended and rewarded in accordance with relevant national and autonomous region regulations.
Chapter 2 Religious Groups
Article 10 The establishment, change, and cancellation of religious groups shall be registered in accordance with the relevant provisions of the state on the management of social groups, and after review and approval by the religious affairs department of the people’s government at or above the county level. The social group registration management agency at the same level shall handle the registration in accordance with the law. Religious groups should formulate charters in accordance with the relevant provisions of the state and autonomous region on the management of social groups and the management of religious affairs, strengthen self-education, self-management, and self-discipline, and comprehensively and strictly govern religion. Religious groups carry out activities in accordance with their charters and are protected by law.
Article 11 Religious groups have the following functions:
(1) Assist in the implementation of laws, regulations, rules and policies, and safeguard the legitimate rights and interests of religious schools, religious activity venues, religious personnel and religious citizens;
(2) Guide and standardize religious affairs, formulate rules and regulations and supervise their implementation;
(3) Engage in religious cultural research, carry out religious ideological construction, deeply explore the content of the teachings and canons that are conducive to social harmony, the progress of the times, and health and civilization, and interpret the teachings and canons in line with the development and progress requirements of contemporary China and the excellent traditional Chinese culture;
(4) Carry out religious education and training, train religious personnel, identify and manage religious personnel;
(5) Establish files of religious clergy and manage them in accordance with the law;
(6) Other functions stipulated in laws, regulations, rules and charters of religious groups.
Article 12 Religious groups shall abide by relevant laws, regulations and the methods for identifying religious personnel formulated by national religious groups when identifying religious personnel, and shall not identify, appoint, designate, appoint or replace religious personnel without authorization.
Chapter 3 Religious Schools
Article 13 Religious schools shall be established by religious groups in the autonomous region. No other organization or individual may establish religious schools. Applications for the establishment, change and termination of religious schools shall be handled in accordance with relevant national regulations.
Article 14 Religious colleges and universities should follow the path of running schools with Chinese characteristics, run schools in accordance with the law, promote education and teaching reform, and improve the quality of running schools.
Article 15 Religious colleges and universities perform the following duties:
(1) Cultivate patriotic religious reserve talents;
(2) Correct interpretation of religious doctrines;
(3) Training of in-service religious clergy.
Article 16 Religious colleges and universities shall accept the guidance, supervision, and inspection of the relevant departments of the autonomous region and the local prefecture, city (prefecture) people’s government (administrative office), establish and improve management systems and operating mechanisms, and maintain normal teaching order.
Article 17 Religious colleges and universities implement specific teacher qualification recognition, professional title review and appointment, and student degree awarding systems. Specific matters shall be implemented in accordance with relevant national regulations.
Article 18 Religious groups and temples, mosques, and churches (hereinafter referred to as temples, churches) shall report to the state, city (prefecture) people’s government if they carry out religious education and training to train religious personnel and study for more than three months and report to the Administrative Office of the) Religious Affairs Department for approval. To carry out religious education and training that lasts less than three months, it must be registered with the religious affairs department of the people’s government at or above the county level. Except for religious groups, religious schools, temples and churches, no other organization or individual is allowed to carry out religious education and training.
Chapter 4 Places for Religious Activity
Article 19 Places for religious activities include temples, churches and other fixed places for religious activities.
Article 20 To establish a venue for religious activities, the following conditions must be met:
(1) The purpose of establishment does not violate the provisions of Articles 5 and 6 of these Regulations;
(2) Local religious citizens need to regularly carry out collective religious activities;
(3) There are religious clergy who intend to host religious activities or other personnel who comply with the regulations of this religion;
(4) There are necessary funds and the sources of funds are legal;
(5) The layout is reasonable, meets the requirements of land spatial planning, and does not hinder the normal production and life of surrounding units and residents.
Article 21 When preparing to establish a venue for religious activities, a religious group shall submit an application to the religious affairs department of the people’s government at the county level where the proposed venue for religious activities is located. The religious affairs department of the county-level people’s government shall submit its review opinions within thirty days from the date of receipt of the application and report them to the religious affairs department of the state, city (prefecture) people’s government (administrative office). The religious affairs department of the state, city (prefecture) people’s government (administrative office) shall, within thirty days from the date of receipt of the materials submitted by the religious affairs department of the county-level people’s government, approve or disapprove the application for the establishment of other fixed places for religious activities. These offices should provide review opinions on applications to establish temples and churches and submit them to the religious affairs department of the Autonomous Region People’s Government for review and approval. The religious affairs department of the autonomous region people’s government shall make a decision on approval or disapproval within 30 days from the date of receipt of the materials submitted by the religious affairs department of the state, city (prefecture) people’s government (administrative office).After the application for the establishment of a religious activity venue is approved, the planning, land use, construction permit procedures and other preparatory matters for the religious activity venue can be handled.
Article 22 After the preparation and construction of a religious activity site has been approved, it shall apply for registration to the religious affairs department of the people’s government at the county level where it is located. The religious affairs department of the people’s government at the county level shall register the religious activity within thirty days from the date of receipt of the application. The management organization, rules and regulations, etc. of the activity venue will be reviewed, and those that meet the conditions will be registered and issued a “Registration Certificate for Religious Activity Venues.”
Article 23 If a religious activity venue meets the conditions of a legal person, it must obtain the consent of the local religious group and report to the religious affairs department of the county-level people’s government for review and approval before applying to the civil affairs department of the people’s government at the same level for legal person registration.
Article 24 If a religious activity venue terminates or changes its registration content, it shall go to the original registration management authority to go through the corresponding cancellation or registration change procedures.
Article 25 Any reconstruction or construction of a building within a religious activity site must be approved by the religious affairs department of the local people’s government at or above the county level, and the planning, construction and other procedures must be completed in accordance with the law. If the proposed reconstruction or new building does not affect the existing layout and functions of the religious venue, the religious affairs department of the county-level people’s government will make a decision on approval or disapproval within 20 days from the date of acceptance. If the proposed reconstruction or new building changes the existing layout and functions of the religious activity venue, the religious affairs department of the county-level people’s government shall put forward opinions. If it is a temple or church, it shall be submitted to the religious affairs department of the state, city (prefecture) people’s government (administrative office) to obtain a review and report by the religious affairs department of the people’s government of the autonomous region. The religious affairs department of the people’s government of the autonomous region shall make a decision on approval or disapproval within 20 days from the date of receipt of the materials; if it is a place for other fixed religious activities, they should report to the county or city. The religious affairs department of the (local) people’s government (administrative office), and the religious affairs department of the state, city (prefecture) people’s government (administrative office) shall make a decision on approval or disapproval within 20 days from the date of receipt of the materials. The expansion and reconstruction of religious activity venues in other places shall be handled in accordance with the procedures stipulated in Article 21 of these Regulations.
Article 26 Religious activity sites that are newly built or renovated, expanded or rebuilt should reflect Chinese characteristics and style in terms of architecture, sculptures, paintings, decorations, etc.
Article 27 Religious activity sites should establish management organizations and implement democratic management.Members of religious activity site management organizations shall be elected through democratic consultation and shall be registered with the registration and management authority. Members of religious activity site management organizations must abide by laws and regulations, act fairly, and possess certain religious knowledge and management capabilities.
Article 28 Religious activity site management organizations shall perform the following duties:
(1) Promote the constitution, laws, regulations, rules and policies to religious citizens;
(2) Establish, improve and implement management systems for personnel, finance, accounting, assets, public security, fire protection, cultural relics protection, health and epidemic prevention, etc., and regularly publish financial revenue and expenditure and the use of social donations;
(3) Arrange and handle religious activities and daily affairs of the venue, and maintain the legitimate rights and interests and normal order of the venue;
(4) Accept the guidance, supervision, and inspection of relevant departments, and accept the supervision of religious citizens;
(5) They are responsible for the repair of building facilities and environmental greening of the site;
(6) Manage other affairs of the site in accordance with the law.
Article 29 Religious supplies, religious artworks and religious publications may be sold in religious activity venues.
Article 30 Any organization or individual entering a religious venue must abide by the management system of the religious venue.
Article 31 Religious activity venues shall prevent major accidents such as casualties or damage or theft of important cultural relics due to crowding, stampeding, building collapse, flood or fire disasters, or violations of religious taboos that may harm the religious feelings of religious citizens. , events that undermine national unity and affect social stability. When an accident or incident listed in the preceding paragraph occurs, the religious activity venue shall immediately report it to the religious affairs department and public security agency of the people’s government at the county level where it is located.
Article 32 Religious activity venues may establish self-supporting enterprises in accordance with the law, and their income shall be used for activities consistent with the purpose of the venue.
Chapter 5 Religious Clergy
Article 33 The qualifications of religious clergy shall be determined by religious groups in accordance with the relevant conditions and procedures and reported to the religious affairs department of the people’s government at or above the county level for record. Those in the religious clergy who have been identified and registered may, upon appointment, engage in religious teaching activities in the religious activity venues where they are appointed. The inheritance and succession of living Buddhas of Tibetan Buddhism shall be handled in accordance with the State Council’s “Regulations on Religious Affairs”, “Measures for the Management of the Reincarnation of Living Buddhas of Tibetan Buddhism” and other relevant regulations. Those who have not obtained or have lost the qualification of religious clergy shall not engage in religious teaching activities as religious clergy. Religious clergymen who hold posts across administrative regions shall comply with relevant regulations.
Article 34 When a religious clergy assumes or leaves the main teaching position at a religious activity venue, with the consent of the local religious group of the same religion, the religious activity venue shall report it to the religious affairs department of the people’s government at or above the county level for record.
Article 35 Religious clergy who preside over religious activities, hold religious ceremonies, engage in compilation of religious classics, conduct religious and cultural research, carry out public charity and other activities are protected by the law.
Article 36 Religious clergy members participate in social security and enjoy relevant rights in accordance with the law. Religious groups, religious schools, and religious activity venues should register social insurance for religious personnel in accordance with regulations.
Article 37 Religious clergy should be patriotic and law-abiding, adhere to the right path, and oppose extremism.
Article 38 Religious clergy shall not engage in the following acts:
(1) Give exalted titles to religious presiding officers, restore or promote religious feudal privileges in disguised form;
(2) Accept recognition, appointment, and honorary titles from overseas organizations or individuals;
(3) Accept instructions from overseas organizations or individuals to engage in religious and educational activities;
(4) Set up private meeting points and establish illegal religious organizations;
(5) Conduct “living Buddha reincarnation” activities without authorization;
(6) Other behaviors prohibited by laws, regulations and rules.
Article 39 If a religious clergy member falls under any of the following circumstances, the religious group shall go through the deregistration procedures in accordance with the procedures, withdraw his or her religious clergy certificate, and make an announcement:
(1) Disqualification of religious personnel in accordance with laws, regulations and rules or relevant provisions of the religion;
(2) Voluntarily give up the qualification of religious clergy;
(3) Loss of religious qualifications due to other reasons.
Chapter 6 Religious Activities
Article 40 Collective religious activities of religious citizens should generally be held in religious activity venues, organized by religious activity venues, religious groups or religious schools, hosted by religious clergy or other personnel who comply with the provisions of the religion, and conducted in accordance with the teachings canons of conduct.Religious activities should be carried out within the scope of laws and regulations, and must not harm citizens’ health, violate public order and good customs, or interfere with education, justice, administrative functions and social life.
Article 41 Except for religious groups, religious schools, and religious activity venues, no organization or individual may engage in lectures, sermons, missionary work, or related activities.
Article 42 To hold large-scale religious activities, religious groups, temples and churches shall, in accordance with the law, submit an application to the religious affairs department of the prefecture or city (prefecture) people’s government (administrative office) where the event is held thirty days before the planned date. The religious affairs department of the state, city (prefecture) people’s government (administrative office) shall, within fifteen days from the date of accepting the application, make a decision on approval or disapproval after soliciting the opinions of the public security organ at the same level and the religious affairs department of the county-level people’s government. If an approval decision is made, it shall be filed with the religious affairs department of the autonomous region people’s government within five days from the date of approval.
Article 43 To hold large-scale religious activities, the following conditions must be met:
(1) The content of the activities complies with the provisions of laws, regulations and rules, and complies with the teachings and canons of this religion;
(2) Have the ability and necessary conditions to organize large-scale religious activities;
(3) Buildings, facilities, and sites meet safety requirements;
(4) Shall not seriously affect public order;
(5) Have a complete emergency plan, clear safety responsibilities, and complete security measures;
(6) Other conditions that must be met as stipulated by laws, regulations and rules.
Article 44 Citizens who believe in Islam must go abroad for Hajj in accordance with relevant national and autonomous region regulations; except for the Islamic Association of China, no other organization or individual may organize Hajj activities in any name.
Article 45 Religious groups, religious schools, and religious activity venues may accept donations from domestic and foreign organizations and individuals in accordance with relevant national and autonomous region regulations for the purpose of organizing public welfare charities and other activities consistent with the purpose of the religion. Religious groups, religious schools, and religious activity venues that accept donations from overseas organizations and individuals in an amount exceeding 100,000 yuan shall report to the religious affairs department of the people’s government at or above the county level for review and approval; those that accept donations from overseas organizations and individuals in an amount below 100,000 yuan shall be subject to the The relevant provisions of the “Regulations on the Registration and Management of Social Groups”, “Regulations on the Management of Religious Schools” and “Measures on the Financial Management of Religious Activity Venues”. Religious groups, religious schools, and religious activity venues are not allowed to accept conditional donations from overseas organizations and individuals. No other organization may accept religious donations, funding and missionary funds from domestic or foreign organizations and individuals. Religious groups, religious schools, and religious activity venues may accept donations from citizens in accordance with religious customs, but they may not be forced or apportioned.
Article 46 No organization or individual may organize, induce, or force minors to participate in religious activities.
Article 47 No organization or individual may promote, disseminate, or disseminate religious extremist ideas, may not participate in religious extremist activities, may not use appearance, clothing, signs, logos, etc. to exaggerate religious fanaticism, and may not coerce or force others to wear religious extremist clothing or clothing, religious extremist symbols, logos. No organization or individual may use religious activities or interfere with normal production and business activities, cultural and entertainment activities, as well as weddings, funerals and other ethnic customs and living habits in the name of religion and may not hold religious ceremonies for marriages that have not been registered in accordance with the law.
Article 48 Publication of religious publications for public distribution shall be handled in accordance with relevant national and autonomous region regulations. The compilation and printing of internal religious information publications must be reviewed and approved by the religious affairs department of the people’s government of the autonomous region, and the press and publication administrative department of the autonomous region shall apply for an approval certificate and send it within the approved scope. No organization or individual may edit, produce, copy, transport, sell, distribute, disseminate or post illegally published, illegally compiled or illegally imported religious publications and printed matter.
Article 49 Publications involving religious content shall comply with national publication management regulations and shall not contain the following content:
(1) Undermining national unity, social stability, economic development, and scientific and technological progress;
(2) Inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity;
(3) Promoting ethnic separatism, religious extremism and violent terrorism;
(4) Undermining the harmonious coexistence between religious citizens and non-religious citizens, and undermining the harmony between different religions and the harmony within religions;
(5) Discriminating against or insulting citizens who believe in a religion or citizens who do not believe in a religion;
(6) Violating the principle of religious independence and self-management;
(7) Endangering social morality or China’s excellent traditional culture;
(8) Containing other contents prohibited by laws, regulations and state regulations.
Article 50 No organization or individual may use digital publishing, the Internet, social media, mobile phones, mobile storage media, etc. to listen, watch, store, possess, produce, copy, or disseminate the content specified in Article 49 of these Regulations.No organization or individual may illegally listen to, watch or disseminate overseas religious radio and television programs.
Article 51 Engagement in Internet religious information services shall be subject to review and approval by the religious affairs department of the autonomous region people’s government and in accordance with relevant national and autonomous region regulations on the management of Internet religious information services.
Article 52 The content of Internet religious information services shall comply with relevant laws, regulations, rules and relevant provisions on religious affairs management. Internet religious information services shall not contain content specified in Article 49 of these Regulations.
Chapter 7 Religious Property
Article 53 Religious groups, religious schools, and religious activity venues shall manage and use the property owned by the state or collectives that they possess in accordance with the law and relevant state regulations; they shall enjoy ownership or other property rights in accordance with the law with respect to other legal property.
Article 54 The land legally used by religious groups, religious schools, and religious activity venues, the houses, structures, and facilities legally owned or used, as well as other legal property and income, are protected by the law. No organization or individual may appropriate, plunder, privately divide, damage or illegally seal, detain, freeze, confiscate or dispose of the legitimate property of religious groups, religious schools, or religious activity venues, and may not damage religious groups, religious schools, or religious activity venues.
Article 55 Religious activity sites shall manage and protect the cultural relics located in or managed by the site in accordance with the laws, regulations, and rules on cultural relics protection to prevent the cultural relics from being damaged or lost. Construction and repair activities must comply with relevant procedures in accordance with the law. For movable cultural relics collected by religious groups, religious schools, and religious activity venues, dedicated personnel should be assigned to manage them, and files should be established with clear accounts, consistent descriptions, scientific classification, detailed cataloging, and easy access.
Article 56 If it is really necessary to expropriate the houses or structures of a religious group, religious school or religious activity venue for the public interest, the expropriator shall negotiate with the religious group, religious school or religious activity venue and consult the state where the house or structure is located. The opinions of the religious affairs department of the municipal (prefecture) people’s government (administrative office) shall be implemented in accordance with the relevant provisions of the national house expropriation laws. Religious groups, religious schools, and religious activity venues can choose monetary compensation, or choose to exchange or rebuild housing property rights.
Article 57 The planning and construction of tourist attractions (spots) with religious activity sites as the main tourist content shall seek the opinions of the religious affairs departments of the people’s governments at or above the county level. Tourism operators should allocate a certain proportion of their ticket and other income to the religious activity venue for the construction, maintenance and cultural relic protection of the venue. When formulating or adjusting ticket prices for tourist attractions (spots) related to religious activity sites, relevant departments should listen to the opinions of the religious affairs departments of the people’s governments at or above the county level, relevant religious groups, religious activity venues, and other relevant parties.
Article 58 If a religious group, religious school or religious activity venue is canceled or terminated, its property shall be liquidated in accordance with relevant state regulations, and the remaining property after liquidation shall be used for undertakings consistent with its purpose.
Chapter 8 Legal Liability
Article 59 If state functionaries abuse their power, neglect their duties, engage in malpractice for personal gain in the management of religious affairs, and should be punished, they shall be punished in accordance with the law; if a crime is committed, criminal responsibility shall be pursued in accordance with the law.
Article 60 Anyone who violates the provisions of Article 3 of these Regulations shall be ordered to make corrections by the religious affairs department of the people’s government at or above the county level; if there is any violation of public security management, public security management penalties shall be imposed in accordance with the law.
Article 61 Anyone who violates the provisions of Article 5 of these Regulations and commits a crime shall be investigated for criminal responsibility in accordance with the law. if it does not constitute a crime, the relevant departments shall impose administrative penalties in accordance with the law. If losses are caused to citizens, legal persons or other organizations, civil liability shall be borne in accordance with the law. responsibility.
If a religious group, religious school or religious activity venue commits the acts mentioned in the preceding paragraph and the circumstances are serious, the relevant departments shall take measures to rectify them. If they refuse to accept rectification, the registration management authority or the establishment approval authority shall revoke their registration certificate or establishment in accordance with the law.
Article 62 If a religious group violates the provisions of Article 12 of these Regulations and arbitrarily identifies, appoints, designates, hires or replaces religious personnel, the religious affairs department of the people’s government at or above the county level shall criticize and educate them and order them to make corrections.
Article 63 If anyone violates the provisions of Articles 13 and 21 of these Regulations and establishes religious schools or venues for religious activities without authorization, the religious affairs department of the people’s government at or above the county level where the religious schools or venues for religious activities are located shall, in conjunction with the relevant authorities, ban them. If there are illegal gains or illegal property, the illegal gains and illegal property shall be confiscated. If the illegal gains cannot be determined, a fine of not more than 50,000 yuan shall be imposed. If there are illegal houses or structures or land use management regulations are violated, the relevant departments of the people’s government shall deal with the situation in accordance with the law. If there is any violation of public security management, public security management penalties will be imposed in accordance with the law.
Article 64 Anyone who violates the provisions of Article 18 of these Regulations shall be ordered to stop activities by the religious affairs department of the people’s government at or above the county level in conjunction with the relevant departments. If there are illegal gains, the illegal gains shall be confiscated and a fine of not less than 20,000 yuan and no higher than 200,000 yuan may be imposed. If a crime is committed, criminal liability shall be investigated in accordance with the law.
Article 65 Anyone who violates the provisions of Article 25 of these Regulations by unauthorized reconstruction, new building, expansion, or off-site reconstruction shall be ordered by the religious affairs department of the people’s government at or above the county level in conjunction with relevant departments to stop the construction and make corrections within a time limit; if there are illegal houses , structures, etc., they shall be handled by the competent departments of urban and rural planning, housing and urban and rural construction in accordance with the law.
Article 66 Anyone who violates the provisions of Article 31 of these Regulations and fails to report a major accident or event in a timely manner, resulting in serious consequences, shall be ordered to make corrections by the religious affairs department of the people’s government at or above the county level; if the circumstances are serious, it shall be subject to registration management The government agency or the agency that approved the establishment of the religious activity site shall order the management organization of the religious activity site to replace the person in charge directly responsible; if the circumstances are serious, the registration management agency or the agency that approved the establishment shall order it to stop daily activities, reorganize the management organization, and make rectifications within a time limit. If it refuses to make rectifications, its registration certificate or establishment permit shall be revoked in accordance with the law.
Article 67 Anyone who violates the provisions of paragraph 3 of Article 33 of these Regulations shall be ordered to make corrections by the religious affairs department of the people’s government at or above the county level. If there are illegal gains or illegal property, the illegal gains and illegal property shall be confiscated and a fine of 10,000 yuan shall be imposed. If there is any violation of public security management, public security management penalties shall be imposed in accordance with the law; if a crime is ascertained, criminal liability shall be pursued in accordance with the law.
Article 68 Anyone who violates Article 38 (1) of these Regulations shall be criticized and educated by the religious affairs department of the people’s government at or above the county level and ordered to make corrections. Anyone who violates items (2) to (6) of Article 38 of these regulations shall be given a warning by the religious affairs department of the people’s government at or above the county level, and illegal gains and illegal property shall be confiscated. If the case is serious, the religious affairs department shall recommend that the relevant religious groups, religious colleges or religious activity venues suspend their hosting of educational activities, or cancel their status as religious clergy members, and hold the responsible persons of relevant religious groups, religious colleges, or religious activity venues accountable. Those who violate public security management shall be subject to security measures in accordance with the law on administrative penalties. If a crime is ascertained, criminal liability will be pursued in accordance with the law.
Article 69 Anyone who violates the provisions of Article 40 of these Regulations shall be discouraged and banned by the religious affairs department of the people’s government at the county level where the place is located. Those who fail to be dissuades and disrupt public order and commit other violations of public security management shall be subject to public security management penalties in accordance with the law. If this constitutes a crime, they should be held criminally responsible in accordance with the law.
Article 70 Anyone who violates the provisions of Article 41 of these Regulations shall be ordered to make corrections by the religious affairs department of the people’s government at or above the county level. If there are illegal gains or illegal property, the illegal gains and illegal property shall be confiscated. If there is a violation of public security management, the person shall be punished in accordance with the law. Public security management penalties will be imposed. If a crime is identified, criminal responsibility will be pursued in accordance with the law.
Article 71 Anyone who violates the provisions of Article 42 of these Regulations shall be ordered to stop activities by the religious affairs department of the people’s government at or above the county level in conjunction with relevant departments and may also be fined not less than 100,000 yuan but not more than 300,000 yuan. If there is any illegal income or illegal property, the illegal gains and illegal property will be confiscated. Among them, if large-scale religious activities are held without authorization by religious groups or religious activity venues, the registration management agency may also order the religious group or religious activity venue to replace the person in charge directly responsible.
Article 72 Anyone who violates the provisions of Article 44 of these Regulations shall be ordered to stop activities by the religious affairs department of the people’s government at or above the county level in conjunction with relevant departments and may be fined not less than 20,000 yuan but not more than 200,000 yuan. If there is any illegal income and it derives from a crime, the illegal gains will be confiscated; if it constitutes a crime, criminal responsibility will be investigated in accordance with the law.
Article 73 Anyone who violates the provisions of Article 45 of these Regulations shall be ordered to make corrections by the religious affairs department. If the circumstances are serious, the registration management authority or the establishment approval authority shall order the group to replace the person directly responsible. If the circumstances are serious, the registration management authority or the establishment approval authority shall order the company to stop daily activities, reorganize the management organization, and make rectifications within a time limit. If it refuses to make rectifications, its registration certificate or establishment license shall be revoked in accordance with the law; any illegal gains or illegal property shall be confiscated.
Article 74 Anyone who violates the provisions of Article 46 of these Regulations shall be criticized and educated by the religious affairs department and education department of the people’s government at or above the county level and ordered to make corrections; if there is a violation of public security management, public security management penalties shall be imposed in accordance with the law. If it constitutes a crime, authorities should pursue criminal responsibility in accordance with the law.
Article 75 Anyone who violates the provisions of Article 47 of these Regulations shall be criticized and educated by the religious affairs department of the people’s government at or above the county level in conjunction with relevant departments and ordered to make corrections. If there is a violation of public security management, public security management penalties shall be imposed in accordance with the law; if it constitutes a criminal liability, it shall be investigated in accordance with the law. If losses are caused to citizens, legal persons or other organizations, civil liability shall be borne in accordance with the law. If a person violates the provisions of Paragraph 1 of Article 47 of these Regulations and has illegal gains, the illegal gains shall be confiscated and a fine of not more than 10,000 yuan shall be imposed.
Article 76 Anyone who violates the provisions of Articles 48, 49, 50, and 52 of these Regulations shall be punished by the religious affairs department of the people’s government at or above the county level in conjunction with the relevant departments. Personnel shall be subject to administrative penalties in accordance with the law; if a crime is ascertained, criminal liability shall be pursued in accordance with the law.
Article 77 Those who are dissatisfied with the administrative actions of the religious affairs department may apply for administrative reconsideration in accordance with the law; those who are dissatisfied with the administrative review decision may file an administrative lawsuit in accordance with the law.
Chapter 9 Supplementary Provisions
Article 78 These regulations will come into effect on February 1, 2024.
Source: BITTER WINTER
