Tibet Autonomous Region Implementing Measures for the "Regulation on Religious Affairs" (Trial Measures) (CECC Full Translation)

The following is a translation prepared by the Congressional-Executive Commission on China of the "Tibet Autonomous Region Implementing Measures for the 'Regulation on Religious Affairs' (Trial Measures)" issued by the 11th Standing Committee of the Tibet Autonomous Region People's Government on September 19, 2006. The Chinese text was retrieved from the Legislative Affairs Office Information Center Web site on January 8, 2007. Deliberated and adopted by the 11th Standing Committee of the Tibet Autonomous Region People's Government on May 18, 2006, promulgated as Tibet Autonomous Region People's Government Order 73 on September 19, 2006, and automatically entered into force on January 1, 2007. Section 1 General Principles Article 1. These measures are hereby established in order to guarantee citizens freedom of religious belief, safeguard religious amity and social harmony, and standardize the management of religious affairs, in accordance with the Constitution, the State Council "Regulation on Religious Affairs,” and other relevant laws and regulations, and in keeping with conditions in the autonomous region. Article 2. Citizens have freedom of religious belief. No organization or individual may force citizens to believe in or not believe in religion; may not force citizens to believe in one religion or another religion; may not discriminate against citizens who believe in a religion (hereinafter referred to as religious citizens) or those citizens who do not believe in a religion (hereinafter referred to as non-religious citizens). Religious citizens and non-religious citizens, those who believe in different religions or in different sects, as well as those who believe in the same religion or sect shall all mutually respect each other and get along in harmony. Article 3. Normal religious activities, as well as the lawful rights and interests of religious organizations, venues for religious activities, religious personnel, and religious citizens are protected by law. Religious activities that religious organizations, venues for religious activities, religious personnel, and religious citizens launch and attend shall be in observance of laws, regulations, and rules, and safeguard the unification of the country, ethnic unity, and social stability. Religious organizations, venues for religious activities, and religious personnel may not use religion to carry out activities such as those that harm national security or public security, impair the order of social management, infringe on citizens’ individual and democratic rights, or violate public and private property. Article 4. Each religion persists in the principle of independence and self-management, and religious organizations, venues for religious activities, and religious affairs are not subject to the domination of foreign state forces and forces from beyond the borders. Article 5. All levels of the people’s government shall actively guide religious organizations, venues for religious activities, and religious personnel in a love of the country and of religion, in protecting the country and benefiting the people, in uniting and moving forward, and in guiding the mutual adaptation of religion and socialism. Article 6. Venues for religious activities may not reestablish, or reestablish in disguised form, previously abolished religious feudal privileges and oppressive exploitative systems, nor may they reestablish, in original or disguised form, the living Buddha labrang system [estate system for reincarnations of lamas] and subordinate relationships between temples. Article 7. People’s government religious affairs departments at the county level or above carry out, pursuant to the principles of delegated responsibility and territorial management and in accordance with law, the supervision, inspection, and guidance of conditions regarding the adherence to laws, regulations, and rules by religious organizations, venues for religious activities, and religious personnel; the establishment and implementation of management systems for venues; modifications to registration programs; and religious activities and activities that touch on foreign affairs. People’s government departments at the county level or above such as the public security, civil affairs, health, education, cultural relics, and news publication [departments] are responsible for the administrative management work within their scope of responsibility, in accordance with the law. The people’s government of a township (town) and the street office shall, in accordance with their respective responsibilities, assist the religious affairs department in handling religious affairs work. The village (residence) committee shall coordinate with the people’s government at each level to handle related work. Section 2 Religious Organizations and Venues for Religious Activities Article 8. Registering the establishment, modification, and cancellation of a religious organization shall be handled in accordance with “Regulations on the Management of the Registration of Social Organizations” and “Implementing Measures on the Management of the Registration of Religious Social Organizations.” The establishment, modification, and cancellation of a prefectural (city) religious organization must be reported for the record to the autonomous region's people’s government religious affairs department. Religious organizations accept supervision and management by the people’s government religious affairs department and civil affairs department in accordance with the law. Article 9. Religious organizations are responsible for establishing “Rules for the Democratic Management of Venues for Religious Activities,” and organizing and implementing assessment and promotion work for religious ranks. Article 10. Religious organizations and venues for religious activities may, in accordance with the national “Measures on the Management of Internal Reference Publications,” compile and print internal religious reference publications. The publishing for public distribution of religious publications and audio and visual materials is handled in accordance with the national “Regulations on Publication Administration,” “Regulations on Audio and Visual Materials Administration,” and the Tibet Autonomous Region’s “Temporary Provisions on Improving the Management of the Religious Publishing Market.” Publications and audio and visual materials that involve religious content shall comply with the provisions in the national “Regulations on Publication Administration” and “Regulations on Audio and Visual Materials Administration,” and may not contain contents that: 1. Destroy the harmonious workings between religious and non-religious citizens; 2. Destroy the harmony between different religions, as well as that which exists within a religion; 3. Discriminate against or insult religious or non-religious citizens; 4. Disseminate or glorify ethnic separatism, religious extremism, and terrorism. 5. Violate the principle of religious independence and self-management; 6. Otherwise violate what is stipulated under laws and regulations. Article 11. Religious organizations and venues for religious activities, in establishing a printing house for scriptures, need approval from the autonomous region’s people’s government religious affairs department and the news publication department. Article 12. Religious organizations and venues for religious activities may accept contributions from religious citizens, in accordance with religious custom, and use them for activities appropriate to purposes of the organization or venue, but they may not force anyone to make a contribution or allot money. Religious organizations and venues for religious activities that accept foreign contributions shall carry this out in accordance with the “Autonomous Region Measures on the Management of Overseas Contributions by NGOs and Individuals for Aid Projects.” Non-religious organizations and venues for non-religious activities may not organize or conduct religious activities, and may not accept contributions of a religious nature. Article 13. Religious organizations or venues for religious activities that plan to build a religious structure such as an open-air religious statue, stupa, or mani lhakhang [prayer (wheel) temple] outside a venue for religious activities petition the autonomous region's people’s government religious affairs department for examination and approval after receiving consent from the prefectural (city) administrative office (people’s government) religious affairs department where the venue is located. The autonomous region's people’s government religious affairs department shall put forth its decision on whether to grant approval within 30 days of receiving it. Religious organizations and venues for religious activities that plan to build a large-scale, open-air religious statue outside a venue for religious activities handle [the matter] in accordance with the provisions in the State Council “Regulation on Religious Affairs.” No group or individual outside of religious organizations and venues for religious activities may build religious structures such as a large-scale open-air religious statue, or mani lhakhang [prayer (wheel) temple]. Article 14. Collective religious activities of religious citizens generally shall be held at registered venues for religious activities, or within a site appointed by the people’s government religious affairs department at the county level or above, and led by religious personnel or by personnel who conform to the stipulated conditions of the religion. Article 15. Plans to establish a venue for religious activities shall be examined and approved in accordance with the procedures stipulated by the state and the autonomous region. Venues for religious activities shall handle procedures for registration in accordance with the relevant provisions of the state and the autonomous region. Venues for religious activities that merge, divide, cease to be, or [otherwise] change their scope of registration shall handle the relevant procedure for changes in registration at the office that managed the original registration. Article 16. To rebuild, expand, or repair venues for religious activities, a petition for examination and approval is made to the prefectural (city) administrative office (people’s government) religious affairs department in the locality, after obtaining the consent of the county-level people’s government religious affairs department in the locality. The prefectural (city) administrative office (people’s government) religious affairs department shall put forth its decision on whether to grant approval within 30 days of receiving the report. Rebuilding, expanding, or repairing venues for religious activities attached to units for cultural relics protection also must report for approval to the department for cultural relics administration management, in accordance with provisions in laws and regulations for the protection of cultural relics. Article 17. Venues for religious activities shall establish management organizations and practice democratic management. Members of a venue for religious activities’ management organization are elected through democratic consultation, implement a system for terms of office, and report this for examination to the management office that oversees the venue’s registration. Article 18. The management organization of a venue for religious activities shall set up and strengthen management systems, in accordance with the law, in such matters as personnel, financial affairs, accounting, public order, fire prevention, learning, cultural relics protection, health and disease prevention, religious activities, and production management, and [shall] accept the supervision, inspection, and guidance of the relevant departments of the local people’s government. The management organization of a venue for religious activities shall, in accordance with relevant provisions of the state and autonomous region, implement a cultural relics protection and safety responsibility system, and clarify responsibility for fire prevention and safety. Article 19. Venues for religious activities recruit religious personnel, and handle procedures for their confirmation and for placing [the matter] on record on the basis of [the venues’] ability for self-cultivation, management ability, and the economic capacity of their religious adherents, as well as on the basis of the relevant provisions of the state and autonomous region. Article 20. A venue for religious activities, in sponsoring scripture study classes, shall conform to the following conditions: 1. The venue has a history of holding scripture study classes; 2. There is a proportionate number of religious personnel who possess a definite knowledge of religion; 3. There are proper motives for holding the class and the content of the training is lawful. 4. The number of students does not exceed what the venue for religious activities has the scope to accommodate; 5. There are relatively complete measures on the management of students. Article 21. For a venue for religious activities to hold a scripture study class, a petition for examination and approval is made to the autonomous region's people’s government religious affairs department, after obtaining the consent of the prefectural (city) administrative office (people’s government) religious affairs department in the locality. The autonomous region religious affairs department shall make its decision on whether to grant approval within 30 days of receiving the application. Article 22. Articles for religious use, religious works of art, and religious publications may be sold within venues for religious activities. Article 23. The venue for religious activities may, in accordance with the relevant provisions of the state and the autonomous region, set up businesses with the goal of self-enrichment, service industries including tourism, and social welfare undertakings. All gains and income obtained shall be channeled into financial and accounting management. Article 24. A venue for religious activities’ basic infrastructure construction for such things as roads, drinking water, lighting, and radio and television shall be brought under the local city or town’s overall construction plans. Article 25. Venues for religious activities that are part of major tourist sites may save a portion of the entry fees and other income for use in maintenance, cultural relics protection, improving tourist facilities, and repairing the general environment. Article 26. Venues for religious activities shall be on guard for safety mishaps within the venue or incidents that destroy ethnic unity or influence social stability. In the event of a safety mishap or incident, the venue for religious activities’ management organization shall immediately report to the county-level people’s government religious affairs department in the locality, and assist the relevant office in dealing [with the matter] in accordance with the law. Article 27. In holding a large-scale religious activity that goes beyond a zone and exceeds a venue for religious activities’ scope of accommodation; or in holding a large-scale religious activity outside a venue for religious activities, the following conditions shall be met: 1. Adherence with the doctrines and creeds and traditions and customs of the religion; 2. A concrete program of the activities that includes such content as the time, the location, the route, the number of people, the primary ceremonies, and emergency preparations. Article 28. In holding a large-scale religious activity that goes beyond a zone, an application shall be submitted to the relevant religious affairs department 30 days prior to the planned activity, in accordance with the following provisions: 1. For trans-township (town) [activities], an application is submitted to the county-level people’s government religious affairs department where the activity is to take place; 2. For trans-county (city, district) [activities], the application is submitted to the prefectural (city) administrative office (people’s government) religious affairs department; 3. For trans-prefecture (city) [activities], the application is submitted to the autonomous region's people’s government religious affairs department. The religious affairs department shall put forth a decision on whether or not to grant approval within 20 days of receiving it and notify the relevant departments in a timely manner. Holding a large-scale religious activity that exceeds the parameters of the autonomous region are handled in accordance with the provisions in the State Council “Regulation on Religious Affairs.” The town (township) people’s government, street office and relevant people’s government departments such as those at the county level or above [dealing with] religious affairs, public security, and traffic, shall implement management according to their respective responsibilities and guarantee the large-scale religious activity is carried out with safety and order. Section 3 Religious Personnel Article 29. Religious personnel, after having received confirmation from a religious organization and having reported [this] for the record to the people’s government religious affairs department at the county level or above, may engage in professional religious activities. Religious organizations at the autonomous region level are responsible for instituting measures for confirming the status of religious personnel. Article 30. Religious personnel are protected by law in leading religious activities; holding religious ceremonies and religious succession ceremonies; engaging in the arrangement of religious texts; and carrying out the study of religious culture, appraisals of scripture studies, as well as activities including research into religious culture and exchanges. Article 31. Religious personnel may conduct simple religious ceremonies at open-air burials or in religious citizens’ homes, in accordance with religious citizens’ requests. Article 32. Religious personnel may enjoy associated social security benefits in accordance with national and autonomous region provisions. Article 33. With the exception of the provisions in Article 31, religious personnel may not carry out such activities as initiations into monkhood or nunhood, consecrations, expounding Buddhist sutras, proselytizing, or cultivating followers outside of venues for religious activities, if they have not received approval from the people’s government religious affairs department at the county level or above. Article 34. Religious personnel and religious citizens may not “disseminate and view” [chuankan] books, pictures, and materials that disrupt ethnic unity or endanger national security. Religious followers may not ask religious personnel to recite from banned religious texts. Article 35. Personnel who have been expelled from the temple’s registry, or have not yet obtained a “religious personnel identification [card]” may not use the status of religious personnel to engage in religious activities. Article 36. The succession [zhuanshi] of living Buddhas in Tibetan Buddhism is handled, under the guidance of a religious organization, by a venue for religious activities, in accordance with relevant provisions of the state and autonomous region, and in accordance with religious procedures and historical practices. No organization or individual may look for or confirm soul boys [children who are the reincarnations of lamas] without approval from the autonomous region's people’s government religious affairs department. Article 37. For those looking for or confirming soul boys [children who are the reincarnation of lamas] outside of our region, our regional religious organization consults with the relevant provincial (region, or city) religious organization, and reports it for the record to our region’s people’s government religious affairs department. For those coming from other provinces (regions, or cities) to our region looking for or confirming soul boys [children who are the reincarnation of lamas], the outside provincial (region, or city) religious organization consults with our regional religious organization, and reports it for the record to our region’s people’s government religious affairs department. Article 38. The religious organization and democratic management group of the venue for the religious activities organizes and implements Buddhist activities such as enthronement [“sitting on the bed” ceremony], initiation into monkhood, and academic promotion of soul boys [children who are the reincarnations of lamas], in accordance with relevant provisions. The religious affairs department sends staff to supervise and guide [such activities]. Article 39. Venues for religious activities should draft practical measures for strengthening the development, education, and management of reincarnated living Buddhas. Reincarnated living Buddhas must submit to the management of the venue for religious activities’ management group where they are stationed. The designation of a religious instructor or cultural teacher for the reincarnated living Buddha is reported for the record to the local people’s government religious affairs department at the county level or above, after the management organization of the venue for religious activities where the living Buddha is stationed puts forth its views and the local religious organization agrees. Article 40. Belongings outside of alms earned by the living Buddha [reincarnations of lamas] through leading or carrying out religious activities at the venue for religious activities, belongings which the venue for religious activities provides for the living Buddha, as well as the religious fixtures and articles for religious use within the living Buddha’s sleeping quarters at the venue for religious activities, are owned by the venue for religious activities, and can be used and managed by a reincarnated living Buddha. Article 41. Religious personnel who leave a venue for religious activities to go out to practice their religion within the region must carry proof from the local people’s government religious affairs department at the county level or above and the “religious personnel identification [card],” and report for the record to the people’s government religious affairs department at the county level or above in the location where they go to practice. After the time period for the religious personnel’s practice has expired, they shall promptly return to the original venue for religious activities. Article 42. Religious personnel from our region who receive an invitation to go outside the region to engage in religious activities must take the letter of invitation to the prefecture (city) administrative office (people’s government) religious affairs department in the religious personnel’s locality to put forward an application, and report for examination and approval to the autonomous region’s people’s government religious affairs department. After receiving the report from the prefecture (city’s) administrative office (people’s government) religious affairs department, the autonomous region's people’s government religious affairs department shall consult with the people’s government religious affairs department of the other province (region, city), and within 30 days of receiving the report put forth a decision on whether to grant approval. Our area’s religious organization shall put forth an application to the autonomous region's people’s government religious affairs department for invitations for another province’s (region’s, or city’s) religious personnel to come to our region to engage in religious activities. After the autonomous region's people’s government religious affairs department has received the application, it shall consult with the people’s government religious affairs department of the other province (region, or city), and within 30 days of receiving the application put forth a decision on whether to grant approval. Article 43. Our region’s religious personnel who cross prefectures (cities) to study scripture shall obtain approval from the administrative office (people’s government) religious affairs department in the area (city) where the venue for religious activities is located, and report for the record to the autonomous region's people’s government religious affairs department. Our region’s religious personnel who go to outside provinces (regions, cities) to study scripture, and religious personnel from other provinces (regions, cities) who study scripture at venues for religious activities in our region shall consult with and obtain consent from both provincial-level people’s government religious affairs departments. While studying scripture, religious personnel shall abide by the rules system of the venue for religious activities and submit to the management of the people’s government religious affairs department and the management organization of the venue for religious activity in the area where they are located. Article 44. When inviting foreign religious personnel to our region for a visit or religious study exchanges, the religious organization in the autonomous region shall submit an application to the autonomous region's people’s government religious affairs department. The autonomous region's people’s government religious affairs department shall, within 20 days of the receipt of the application and through joint consultation with the foreign affairs department of the autonomous region, put forward its views upon examination and verification to the autonomous region's people’s government. The autonomous region's people’s government shall, within 20 days, put forth a decision on whether or not to grant approval. Approved foreign religious personnel in our region shall submit to the management of the people’s government religious affairs department and of the foreign affairs department in the area where they are located. Article 45. Overseas Tibetan compatriots may participate in religious activities at venues for religious activities in our region, but may not lead religious activities, or engage in such activities as initiations into monkhood or nunhood, consecrations, expounding Buddhist sutras, proselytizing, or cultivating followers. Section 4 Legal Liability Article 46. Where religious organizations, venues for religious, activities, and religious personnel, in violation of the provisions in the third clause of Article 3 of these measures, utilize religion to carry out illegal activities such as those that harm national security or public security, impair the order of social management, infringe on citizens’ individual and democratic rights, or violate public and private property, the relevant responsible department imposes, where the circumstances are not serious and do not constitute a crime, administrative penalties according to the law. Where the circumstances are serious and do constitute a crime, criminal liability is investigated according to law. If harm is caused to a citizen, legal person, or other organization, civil liability is undertaken according to law. Article 47. Where a religious organization or venue for religious activity, in violation of the provisions in the second clause of Article 12 of these measures, accepts, without authorization, foreign contributions, the people’s government religious affairs department at the county level or above confiscates the contributions. Where the circumstances are serious, the office that administers [the organization’s or venue’s] registration orders the relevant religious organization or venue for religious activities to dismiss and replace the person(s) directly responsible. Article 48. Where, in violation of provisions in Article 13 of these measures, a religious structure such as an outdoor religious statue, stupa, or mani lhakhang [prayer (wheel) temple] is built without authorization outside of a venue for religious activity, the people’s government religious affairs department at the county level or above orders redress, suspension of construction, and demolition within a specified time limit, in accordance with relevant laws and regulations. Article 49. Where, in violation of Article 16 of these measures, a venue for religious activities is rebuilt, expanded, or repaired without authorization, the people’s government religious affairs department at the county level or above orders the suspension of construction and demolition within a specified time limit. Article 50. Where a venue for religious activities, in violation of the provisions in Article 21 of these measures, organizes a scripture class without authorization, the people’s government religious affairs department at the county level or above orders amends and confiscates any illegal gains. Where there is a violation of public security management provisions, the public security office imposes a public security management penalty according to law. Article 51. Where, in violation of Article 28 of these measures, a large-scale religious activity is organized across zones without the examination and approval of the religious affairs department, the religious affairs department orders the discontinuation of the activity and confiscate any illegal gains. The department may also concurrently impose a fine of double to quadruple the amount of the illegal gains. In addition, where a religious organization or venue for religious activities has acted without authorization, the management office [that oversees] registration may order the religious organization or venue for religious activities to dismiss and replace the person(s) directly responsible. Article 52. Where religious personnel, in violation of the provisions in Article 33 of these measures, engages in religious activities such as initiation into monkhood or nunhood, consecrations, expounding Buddhist sutras, proselytizing, or cultivating followers outside of a venue for religious activities without authorization, the people’s government religious affairs department at the county level or above orders amends. Where the circumstances are serious, the people’s government religious affairs department at the county level or above recommends to the relevant religious organization that it disqualify their religious personnel as such. Article 53. Where religious personnel, in violation of the provisions in Articles 41, 42, 43, and 44 of these measures, cross zones for religious activities, without approval or putting on record [these activities], the people’s government religious affairs department at the county level or above orders amends. Where the circumstances are serious, the people’s government religious affairs department at the county level or above recommends to the relevant religious organization that they disqualify their religious personnel as such. Article 54. Where overseas Tibetan compatriots, in violation of the provisions in Article 45 of these measures, lead religious activities, or engage in such activities as initiations into monkhood or nunhood, consecrations, expounding Buddhist sutras, proselytizing, or cultivating followers, the people’s government religious affairs department at the county level or above orders amends. Where the circumstances are serious, public security offices handle the matter according to entry-exit management laws and regulations. Article 55. As for acts in violation of the State Council "Regulation on Religious Affairs” and other provisions under these measures, [in the case where] there are already penalties stipulated under laws and regulations such as the Regulation on Religious Affairs, those provisions should be followed. Section 5 Supplementary Provisions Article 56. These implementing measures automatically enter into force on January 1, 2007. The Tibet Autonomous Region Temporary Measures on the Management of Religious Affairs promulgated by the Tibet Autonomous Region people’s government on December 20, 1991, are repealed simultaneously.