Senator Marco Rubio, Cochairman
Beijing Municipal Regulation on Religious Affairs Amendments (CECC Full Translation)
Passed: July 28, 2006
Issued: July 28, 2006
Effective: July 28, 2006
The following is a translation prepared by the Congressional-Executive Commission on China of the "Beijing Municipality Regulation on Religious Affairs Amendments" issued by the Beijing Municipality People's Congress Standing Committee on July 28, 2006. The Chinese text was retrieved from the Beijing government Web site on September 11, 2006.
Beijing Municipality People's Congress Standing Committee Announcement
"Beijing Municipality Regulation on Religious Affairs Amendments" were adopted at the 29th meeting of the Standing Committee of the 12th Beijing Municipality People's Congress on July 28, 2006, and are hereby promulgated for entry into force.
Standing Committee of the 12th Beijing Municipality People's Congress
July 28, 2006
1) The first clause of Article 9 is amended to: "City religious organizations can open and operate religious schools in accordance with relevant national regulations. To open and operate a religious school, an application shall be made to the city religious affairs bureau. The city religious affairs bureau shall handle the application in accordance with the State Council Regulation on Religious Affairs."
2) Article 14 is amended to: "Those who are confirmed and put on record as religious personnel can carry out religious affairs activities. Those who do not have status as religious personnel or who do not conform to the requirements of their religion may not lead religious activities."
3) Article 20 is amended to: "Venues for religious activities shall establish and strengthen management groups and management systems. They shall also accept the guidance, supervision, and inspection of the religious affairs bureau and other relevant departments in their district or county."
4) Article 25 is amended to: "The consent of the management group of a venue for religious activities and the city, district, or county religious affairs bureau shall be sought in advance for [the following activities] that fall within the parameters of the management of venues for religious activities: new construction, renovation, and expansion of buildings; establishing business or service facilities; holding displays and exhibitions; and filming movies and television programs. The required procedures also shall be completed at the relevant departments."
5) Article 26 is amended to: "When a large-scale religious activity is held that involves more than one province, autonomous region, or directly governed municipality and that exceeds the capacity of a venue for religious activities; or when a large-scale religious activity is held outside of a venue for religious activities, examination and approval procedures shall be completed in accordance with the provisions in the State Council Regulation on Religious Affairs.
To hold other large-scale religious activities, the consent of the city religious organization shall be obtained, and this shall be reported in advance to the district or county religious affairs bureau where the activity is to take place. The district or county religious affairs bureau and other relevant departments shall implement the necessary management procedures in accordance with their responsibilities."
6) Article 34 is amended to: "In accordance with relevant national and city regulations, religious organizations and venues for religious activities can rent out religious property or use religious property to undertake other business activities. However, buildings and structures used for religious activities and attached rooms used by religious personnel as living space cannot be transferred, mortgaged, or serve as the object of investment."
7) Article 47 is amended to: "Regarding violations of Article 9, Article 14, Article 16, Article 18, or Article 27 of this regulation that fit one of the circumstances provided below, the city, district, or county religious affairs bureau and other relevant departments can ban or order the cessation of an activity and give a warning; confiscate illegal gains where such exist; dispose of illegal buildings and structures in accordance with relevant laws and regulations, where such buildings and structures exist; and where an action violates public security administration, public security administration punishments can be assessed in accordance with the law.
(1) opening and running a religious school or holding religious training classes without authorization;
(2) persons who do not have status as religious personnel or who do not conform to the requirements of their religion leading religious activities;
(3) outside religious personnel leading religious activities in the city or city religious personnel leading religious activities in outside areas without this first being consented to by the city religious organization and reported to the city, district, or county religious affairs bureau for the record;
(4) establishing a venue for religious activities without authorization; and
(5) undertaking proselytizing activities outside of venues for religious activities or establishing religious facilities or erecting religious statues in public places without authorization."
8) Article 48 is amended to: "Regarding violations of Article 36, where non-religious organizations or venues not for religious activities receive or use deception to receive donations, niyah, tributes, or other religious contributions, the city, district, or county religious affairs bureau can order a cessation of the activities; confiscate illegal gains, where such exist; and in severe circumstances, assess a fine of one to three times the amount of the illegal gains."
These amendments enter into force from the day of promulgation.
七、第四十七条修改为：“违反本条例第九条、第十四条、第十六条、第十八条、第二十七条的规定，有下列情形之一的，由市或者区、县人民政府宗教 事务行政部门和其他有关部门予以取缔或者责令停止活动，给予警告；有违法所得的，没收违法所得；有违法房屋、构筑物的，依照有关法律、法规予以处理；有违 反治安管理行为的，依法给予治安管理处罚：