Regulations on Religious Affairs (Chinese and English Text)

Issuer: 
State Council

中文版


The following translation was retrieved from the State Administration for Religious Affairs Web site on December 20, 2010. The Chinese text was retrieved from the State Administration for Religious Affairs Web site on February 9, 2011.
 

Decree of the State Council of the People’s Republic of China
No.426

Regulations on Religious Affairs, adopted at the 57th Executive Meeting of the State Council on July 7, 2004, are hereby promulgated and shall become effective as of March 1, 2005.

Premier Wen Jiabao
November 30, 2004

Regulations on Religious Affairs

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Constitution and relevant laws for the purposes of ensuring citizens’ freedom of religious belief, maintaining harmony among and between religions, preserving social concord and regulating the administration of religious affairs.

Article 2 Citizens enjoy freedom of religious belief.

No organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in any religion (hereinafter referred to as religious citizens) or citizens who do not believe in any religion (hereinafter referred to as non-religious citizens).

Religious citizens and non-religious citizens shall respect each other and co-exist in harmony, and so shall citizens who believe in different religions.

Article 3 The State, in accordance with the law, protects normal religious activities, and safeguards the lawful rights and interests of religious bodies, sites for religious activities and religious citizens.

Religious bodies, sites for religious activities and religious citizens shall abide by the Constitution, laws, regulations and rules, and safeguard unification of the country, unity of all nationalities and stability of society.

No organization or individual may make use of religion to engage in activities that disrupt public order, impair health of citizens or interfere with the educational system of the State, or in other activities that harm State or public interests, or citizens’ lawful rights and interests.

Article 4 All religions shall adhere to the principle of independence and self-governance. Religious bodies, sites for religious activities and religious affairs are not subject to any foreign domination.

Religious bodies, sites for religious activities and religious personnel may develop external exchange on the basis of friendship and equality; all other organizations or individuals shall not accept any religious conditions in external cooperation or exchange in economic, cultural or other fields.

Article 5 The religious affairs department of the people’s government at or above the county level shall, in accordance with the law, exercise administration of religious affairs that involve State or public interests, and the other departments of the people’s government at or above the county level shall, in accordance with the law, be responsible for the administration of relevant affairs within the limits of their respective functions and duties.

People’s governments at various levels shall solicit the views of religious bodies, sites for religious activities and religious citizens, and coordinate the administration of religious affairs.

Chapter II Religious Bodies

Article 6 The establishment, alteration, or cancellation of registration, of a religious body shall be registered in accordance with the provisions of the Regulations on Registration Administration of Associations.

The articles of association of a religious body shall comply with the relevant provisions of the Regulations on Registration Administration of Associations.

The activities carried out by a religious body in accordance with its articles of association are protected by law.

Article 7 A religious body may, in accordance with the relevant provisions of the State, compile and publish reference publications to be circulated within religious circles. Religious publications for public distribution shall be published in accordance with the relevant provisions of the State on publication administration.

Publications involving religious contents shall comply with the provisions of the Regulations on Publication Administration, and shall not contain the contents:

(1) which jeopardize the harmonious co-existence between religious and non-religious citizens;

(2) which jeopardize the harmony between different religions or within a religion;

(3) which discriminate against or insult religious or non-religious citizens;

(4) which propagate religious extremism; or

(5) which contravene the principle of independence and self-governance in respect of religions.

Article 8 For the establishment of an institute for religious education, an application shall be made by the national religious body to the religious affairs department of the State Council, or made by the religious body of the province, autonomous region or municipality directly under the Central Government to the religious affairs department of the people’s government of the province, autonomous region or municipality directly under the Central Government of the place where such institute is to be located. The religious affairs department of the people’s government of the province, autonomous region or municipality directly under the Central Government shall, within 30 days from the date of receipt of the application, put forward its views, and, if it agrees to the establishment, make a report to the religious affairs department of the State Council for examination and approval.

The religious affairs department of the State Council shall, within 60 days from the date of receipt of the application made by the national religious body or the report made by the religious affairs department of the people’s government of the province, autonomous region or municipality directly under the Central Government on the establishment of the institute for religious education, make a decision of approval or disapproval.

Article 9 An institute for religious education to be established shall meet the following conditions:

(1) having clear and definite training objectives, a charter for school-running and a curriculum;

(2) having the source of students who meet the training requirements;

(3) having the necessary funds for school-running and stable financial sources;

(4) having the sites, facilities and equipment for teaching that are necessary for its tasks of teaching and school-running scale;

(5) having full-time leading members, qualified full-time teachers and an internal management organization; and

(6) being rationally distributed.

Article 10 In light of the need of the religion concerned, a national religious body may, in accordance with the relevant provisions, select and send people for religious studies abroad, or accept foreigners for religious studies in China.

Article 11 The making of hajj abroad by Chinese citizens who believe in Islam shall be organized by the national religious body of Islam.

Chapter III Sites for Religious Activities

Article 12 Collective religious activities of religious citizens shall, in general, be held at registered sites for religious activities (i.e., Buddhist monasteries, Taoist temples, mosques, churches and other fixed premises for religious activities), organized by the sites for religious activities or religious bodies, and presided over by religious personnel or other persons who are qualified under the prescriptions of the religion concerned, and the process of such activities shall be in compliance with religious doctrines and canons.

Article 13 For the preparation for establishing a site for religious activities, an application shall be made by a religious body to the religious affairs department of the people’s government at the county level of the place where such site is to be located. The religious affairs department of the people’s government at the county level shall, within 30 days from the date of receipt of the application, make a report to the religious affairs department of the people’s government at the level of a city divided into districts for examination and approval if it agrees to the establishment.

Within 30 days from the date of receipt of the report made by the religious affairs department of the people’s government at the county level, the religious affairs department of the people’s government at the level of a city divided into districts shall, if it agrees to the establishment of a Buddhist monastery, Taoist temple, mosque or church, put forward its views upon examination and verification and make a report to the religious affairs department of the people’s government of the province, autonomous region or municipality directly under the Central Government for examination and approval; and for the establishment of other fixed premises for religious activities, it shall make a decision of approval or disapproval.

The religious affairs department of the people’s government of the province, autonomous region or municipality directly under the Central Government shall, within 30 days from the date of receipt of the report made by the religious affairs department of the people’s government at the level of a city divided into districts agreeing to the establishment of a Buddhist monastery, Taoist temple, mosque or church, make a decision of approval or disapproval.

A religious body may begin the preparatory work for establishing a site for religious activities only after the application for such establishment is approved.

Article 14 A site for religious activities to be established shall meet the following conditions:

(1) it is established for a purpose not in contravention of the provisions of Articles 3 and 4 of these Regulations;

(2) local religious citizens have a need to frequently carry out collective religious activities;

(3) there are religious personnel or other persons who are qualified under the prescriptions of the religion concerned to preside over the religious activities;

(4) there are the necessary funds; and

(5) it is rationally located without interfering with the normal production and livelihood of the neighboring units and residents.

Article 15 Upon approval of preparation for the establishment of a site for religious activities and completion of construction, an application shall be made for registration with the religious affairs department of the people’s government at the county level of the place where such site is located. The religious affairs department of the people’s government at the county level shall, within 30 days from the date of receipt of the application, examine the management organization, formulation of internal rules, and other aspects of such site, and, if the site meets the conditions for registration, register it and issue the Registration Certificate of the Site for Religious Activities.

Article 16 Where a site for religious activities merges with another one, divides itself, terminates, or changes any item registered, the formalities for alteration registration shall be gone through with the original registration administration department.

Article 17 A site for religious activities shall set up a management organization and exercise democratic management. Members of the management organization of the site for religious activities shall be recommended or elected upon democratic consultation, and then be reported to the registration administration department of such site for the record.

Article 18 A site for religious activities shall strengthen internal management, and, in accordance with the provisions of the relevant laws, regulations and rules, establish and improve the management systems for personnel, finance, accounting, security, fire control, cultural relics protection, sanitation, and epidemic prevention, etc., and accept the guidance, supervision and inspection by the relevant departments of the local people’s government.

Article 19 The religious affairs department shall supervise and inspect the sites for religious activities in terms of their compliance with laws, regulations and rules, the development and implementation of management systems, the alteration of registered items, the conduction of religious activities and activities that involve foreign affairs. The sites for religious activities shall accept the supervision and inspection by the religious affairs department.

Article 20 A site for religious activities may accept donations from citizens in accordance with religious customs, but no means of compulsion or apportionment may be adopted.

No non-religious bodies or sites not for religious activities may organize or hold any religious activities, nor accept any religious donations.

Article 21 Religious articles, artworks and publications may be sold in the sites for religious activities.

A Buddhist monastery, Taoist temple, mosque or church that is registered as a site for religious activities (hereinafter referred to as a monastery, temple, mosque or church) may, in accordance with the relevant provisions of the State, compile and publish reference publications to be circulated within religious circles.

Article 22 Where a large-scale religious activity, in which different provinces, autonomous regions and municipalities directly under the Central Government are involved and which is beyond the accommodation capacity of a site for religious activities, is to be held, or where a large-scale religious activity is to be held outside a site for religious activities, the religious body, monastery, temple, mosque or church that sponsors such activity shall, 30 days before the activity is held, make an application to the religious affairs department of the people’s government of the province, autonomous region or municipality directly under the Central Government of the place where such large-scale religious activity is to be held. The religious affairs department of the people’s government of the province, autonomous region or municipality directly under the Central Government shall, within 15 days from the date of receipt of the application, make a decision of approval or disapproval.

A large-scale religious activity shall, as required in the written notification of approval, proceed in accordance with religious rites and rituals, without violating the relevant provisions of Articles 3 and 4 of these Regulations. The religious body, monastery, temple, mosque or church that sponsors such large-scale religious activity shall adopt effective measures to prevent against any accidents. The people’s government of the township or town and the relevant departments of the local people’s government at or above the county level of the place where such large-scale religious activity is to be held shall, within the limits of their respective functions and duties, exercise the necessary administration in order to ensure the safe and orderly progress of the large-scale religious activity.

Article 23 A site for religious activities shall prevent against the occurrence, within the site, of any major accident or event, such as breaking of religious taboos, which hurts religious feelings of religious citizens, disrupts the unity of all nationalities or impairs social stability.

When any accident or event mentioned in the preceding paragraph occurs, the site for religious activities in question shall, without delay, make a report to the religious affairs department of the people’s government at the county level of the place where it is located.

Article 24 Where a religious body, monastery, temple, mosque or church intends to build a large-size outdoor religious statue outside the site for religious activities, the relevant religious body of the province, autonomous region or municipality directly under the Central Government shall make an application to the religious affairs department of the people’s government of the province, autonomous region or municipality directly under the Central Government, which shall, within 30 days from the date of receipt of the application, put forward its views, and, if it agrees to the building of such statue, make a report to the religious affairs department of the State Council for examination and approval.

The religious affairs department of the State Council shall, within 60 days from the date of receipt of the report on building a large-size outdoor religious statue outside the site for religious activities, make a decision of approval or disapproval.

No organization or individual other than religious bodies, monasteries, temples, mosques and churches may build large-size outdoor religious statues.

Article 25 Where a unit or an individual intends to alter or construct buildings, set up commercial service centers, hold displays or exhibitions, or make films or television programs in a site for religious activities, it shall obtain in advance the consent of the site for religious activities in question and that of the religious affairs department of the local people’s government at or above the county level of the place where such site is located.

Article 26 For a scenic spot or historic zone where a site for religious activities therein constitutes the main tourist attraction, the local people’s government at or above the county level of the place where such spot or zone is located shall coordinate and deal with the interrelated interests between the site for religious activities and the park, relics, and tourism, and safeguard the lawful rights and interests of the site for religious activities.

The planning and construction of a scenic spot or historic zone where a site for religious activities constitutes the main tourist attraction shall be in harmony with the style and surroundings of such site.

Chapter IV Religious Personnel

Article 27 Religious personnel who are determined qualified as such by a religious body and reported for the record to the religious affairs department of the people’s government at or above the county level may engage in professional religious activities.

The succession of living Buddhas in Tibetan Buddhism shall be conducted under the guidance of Buddhist bodies and in accordance with the religious rites and rituals and historical conventions, and be reported for approval to the religious affairs department of the people’s government at or above the level of a city divided into districts, or to the people’s government at or above the level of a city divided into districts. With respect to Catholic bishops, the matter shall be reported for the record by the national religious body of the Catholic Church to the religious affairs department of the State Council.

Article 28 Where religious personnel are to assume or leave the chief religious posts of a site for religious activities, the matter shall, upon consent by the religious body of the religion concerned, be reported to the religious affairs department of the people’s government at or above the county level for the record.

Article 29 The presiding over of religious activities, conduction of religious ceremonies, sorting out of religious scriptures and pursuit of religious and cultural research by religious personnel are protected by law.

Chapter V Religious Property

Article 30 The land legally used by a religious body or a site for religious activities, the houses, structures and facilities legally owned or used by such body or site, and its other legal property and proceeds thereof, are protected by law.

No organization or individual may encroach upon, loot, privately divide up, damage, destroy, or, illegally seal up, impound, freeze, confiscate or dispose of the legal property of a religious body or a site for religious activities, nor damage or destroy cultural relics possessed or used by a religious body or a site for religious activities.

Article 31 The houses owned and the land used by a religious body or a site for religious activities shall, according to law, be registered with the real estate department and the land administration department of the local people’s government at or above the county level, and be granted the certificate of ownership and the certificate of right to use; where the property right is altered, the formalities for alteration registration shall be gone through without delay.

The land administration department shall, when determining and altering the land-use right of a religious body or a site for religious activities, solicit the views of the religious affairs department of the people’s government at the same level.

Article 32 The houses and structures used for religious activities by a site for religious activities, and their accessory houses for the daily use of religious personnel as well, shall not be transferred, mortgaged or used as investments in kind.

Article 33 Where the houses or structures of a religious body or a site for religious activities need to be demolished or relocated because of city planning or construction of key projects, the demolisher shall consult with the religious body or the site for religious activities concerned, and solicit the views of the relevant religious affairs department. If, after consultation, all the parties concerned agree to the demolition, the demolisher shall rebuild the houses or structures demolished, or, in accordance with the relevant provisions of the State, make compensation on the basis of the appraised market price of the houses or structures demolished.

Article 34 A religious body or a site for religious activities may operate public undertakings according to law, and the proceeds and other lawful income therefrom shall be subject to financial and accounting management, and be used for the activities that are commensurate with the purpose of the religious body or the site for religious activities, or for public undertakings.

Article 35 A religious body or a site for religious activities may, in accordance with the relevant provisions of the State, accept donations from organizations and individuals at home or abroad, which shall be used for the activities that are commensurate with the purpose of the religious body or the site for religious activities.

Article 36 A religious body or a site for religious activities shall implement the systems of the State for administration of financial and accounting affairs and taxation, and may enjoy the preferential treatment in terms of tax reduction or exemption in accordance with the relevant provisions of the State on taxation.

A religious body or a site for religious activities shall report to the religious affairs department of the people’s government at or above the county level of the place where it is located on its income and expenditure, and on the acceptance and use of donations as well, and, in an appropriate way, make such information public to religious citizens.

Article 37 In case of cancellation of registration or termination of a religious body or a site for religious activities, the property thereof shall be liquidated and the property remaining after the liquidation shall be used for the undertakings that are commensurate with the purpose of the religious body or the site for religious activities.

Chapter VI Legal Liability

Article 38 Where any State functionary, in administration of religious affairs, abuses his power, neglects his duty or commits illegalities for personal gain or by fraudulent means, and a crime is thus constituted, he shall be investigated for criminal liability according to law; if no crime is constituted, he shall be given an administrative sanction according to law.

Article 39 Where anyone compels citizens to believe in, or not to believe in, any religion, or interferes with the normal religious activities conducted by a religious body or a site for religious activities, the religious affairs department shall order it to make corrections; if such act constitutes a violation of public security administration, it shall be given an administrative penalty for public security according to law.

Where anyone infringes upon the lawful rights and interests of a religious body, a site for religious activities or a religious citizen, it shall assume civil liability according to law; if a crime is constituted, it shall be investigated for criminal liability according to law.

Article 40 Where anyone makes use of religion to engage in such illegal activities as endanger State or public security, infringe upon citizens’ right of the person and democratic rights, obstruct the administration of public order, or encroach upon public or private property, and a crime is thus constituted, it shall be investigated for criminal liability according to law; if no crime is constituted, the relevant competent department shall give it an administrative penalty according to law; if any loss is caused to a citizen, legal person or any other organization, it shall assume civil liability according to law.

Where, in the course of a large-scale religious activity, there occurs any event endangering public security or seriously disrupting public order, the matter shall be handled on the spot and penalties shall be imposed in accordance with the laws and administrative regulations on assembly, procession and demonstration; if the religious body, monastery, temple, mosque or church that sponsors such large-scale religious activity is responsible therefor, the registration administration department shall cancel its registration.

Where anyone organizes a large-scale religious activity without approval, the religious affairs department shall order it to discontinue such activities and shall confiscate the illegal gains, if any; and it may concurrently impose thereupon a fine of not less than one time but not more than three times the illegal gains. In addition, if the large-scale religious activity is organized by a religious body or a site for religious activities without approval, the registration administration department may order the religious body or the site for religious activities to dismiss and replace the person-in-charge who is directly responsible therefor.

Article 41 Where a religious body or a site for religious activities commits any of the following acts, the religious affairs department shall order it to make corrections; if the circumstances are relatively serious, the registration administration department shall order the religious body or the site for religious activities to dismiss and replace the person-in-charge who is directly responsible therefor; if the circumstances are serious, the registration administration department shall cancel the registration of such religious body or site for religious activities and confiscate the unlawful property or things of value, if any:

(1) failing to go through the formalities for alteration registration or submission for the record in accordance with the relevant provisions;

(2) in the case of a site for religious activities, in violation of Article 18 of these Regulations, failing to formulate relevant management systems, or failing to have the management systems meet the requirements;

(3) failing to report, without delay, on the occurrence of any major accident or event in a site for religious activities, thus causing serious consequences;

(4) contravening the principle of independence and self-governance in violation of the provisions of Article 4 of these Regulations;

(5) accepting donations from home or abroad in violation of the provisions of the State; or

(6) refusing to accept supervision and administration conducted by the registration administration department according to law.

Article 42 Where any publications involving religious contents contain the contents prohibited by the second paragraph of Article 7 of these Regulations, the relevant competent department shall impose administrative penalties upon the relevant responsible units and persons according to law. If a crime is constituted, criminal liability shall be investigated according to law.

Article 43 Where a site for religious activities is established without approval, or a site originally for religious activities continues to carry out religious activities after its registration as such has been cancelled, or an institute for religious education is established without approval, the religious affairs department shall ban such site or institute and confiscate the illegal gains; the illegal houses or structures, if any, shall be disposed of by the competent construction department according to law. If any act in violation of public security administration is committed, an administrative penalty for public security shall be imposed according to law.

Where a non-religious body or a site not for religious activities organizes or holds religious activities or accepts religious donations, the religious affairs department shall order it to discontinue such activities and confiscate the illegal gains, if any; if the circumstances are serious, a fine of not less than one time but not more than three times the illegal gains may be imposed concurrently.

Where anyone organizes the making of hajj abroad for religious citizens without authorization, the religious affairs department shall order it to discontinue such activities and shall confiscate the illegal gains, if any; and it may concurrently impose a fine of not less than one time but not more than three times the illegal gains.

Article 44 Where, in violation of the provisions of these Regulations, anyone builds a large-size outdoor religious statue, the religious affairs department shall order it to discontinue the construction and to demolish the statue in a specified time limit; the illegal gains, if any, shall be confiscated.

Article 45 Where any religious personnel violate laws, regulations or rules in professional religious activities, the religious affairs department shall, in addition to having the legal liability investigated according to law, make a proposal to the religious body concerned to disqualify them as religious personnel.

Where anyone engages in professional religious activities by impersonating religious personnel, the religious affairs department shall order it to discontinue such activities and shall confiscate the illegal gains, if any; if any act in violation of public security administration is committed, an administrative penalty for public security shall be imposed thereupon according to law; if a crime is constituted, criminal liability shall be investigated according to law.

Article 46 Where anyone refuses to accept a specific administrative act taken by the religious affairs department, it may apply for administrative reconsideration according to law; if it refuses to accept the decision of the administrative reconsideration, it may institute an administrative lawsuit according to law.

Chapter VII Supplementary Provisions

Article 47 The religious exchange between the Mainland and the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan region shall be developed in accordance with laws, administrative regulations and the relevant provisions of the State.

Article 48 These Regulations shall become effective as of March 1, 2005. The Regulations on Administration of Sites for Religious Activities promulgated by the State Council on January 31, 1994 shall be repealed simultaneously.


宗教事务条例

《宗教事务条例》

中华人民共和国国务院令第426号

《宗教事务条例》已经2004年7月7日国务院第57次常务会议通过,现予公布,自2005年3月1日起施行。

总理温家宝

二零零四年十一月三十日

第一章 总则

第一条 为了保障公民宗教信仰自由,维护宗教和睦与社会和谐,规范宗教事务管理,根据宪法和有关法律,制定本条例。

第二条 公民有宗教信仰自由。

任何组织或者个人不得强制公民信仰宗教或者不信仰宗教,不得歧视信仰宗教的公民(以下称信教公民)或者不信仰宗教的公民(以下称不信教公民)。

信教公民和不信教公民、信仰不同宗教的公民应当相互尊重、和睦相处。

第三条 国家依法保护正常的宗教活动,维护宗教团体、宗教活动场所和信教公民的合法权益。

宗教团体、宗教活动场所和信教公民应当遵守宪法、法律、法规和规章,维护国家统一、民族团结和社会稳定。

任何组织或者个人不得利用宗教进行破坏社会秩序、损害公民身体健康、妨碍国家教育制度,以及其他损害国家利益、社会公共利益和公民合法权益的活动。

第四条 各宗教坚持独立自主自办的原则,宗教团体、宗教活动场所和宗教事务不受外国势力的支配。

宗教团体、宗教活动场所、宗教教职人员在友好、平等的基础上开展对外交往;其他组织或者个人在对外经济、文化等合作、交流活动中不得接受附加的宗教条件。

第五条 县级以上人民政府宗教事务部门依法对涉及国家利益和社会公共利益的宗教事务进行行政管理,县级以上人民政府其他有关部门在各自职责范围内依法负责有关的行政管理工作。

各级人民政府应当听取宗教团体、宗教活动场所和信教公民的意见,协调宗教事务管理工作。

第二章 宗教团体

第六条 宗教团体的成立、变更和注销,应当依照《社会团体登记管理条例》的规定办理登记。

宗教团体章程应当符合《社会团体登记管理条例》的有关规定。

宗教团体按照章程开展活动,受法律保护。

第七条 宗教团体按照国家有关规定可以编印宗教内部资料性出版物。出版公开发行的宗教出版物,按照国家出版管理的规定办理。

涉及宗教内容的出版物,应当符合《出版管理条例》的规定,并不得含有下列内容:

(一)破坏信教公民与不信教公民和睦相处的;

(二)破坏不同宗教之间和睦以及宗教内部和睦的;

(三)歧视、侮辱信教公民或者不信教公民的;

(四)宣扬宗教极端主义的;

(五)违背宗教的独立自主自办原则的。

第八条 设立宗教院校,应当由全国性宗教团体向国务院宗教事务部门提出申请,或者由省、自治区、直辖市宗教团体向拟设立的宗教院校所在地的省、自治区、直辖市人民 政府宗教事务部门提出申请。省、自治区、直辖市人民政府宗教事务部门应当自收到申请之日起30日内提出意见,对拟同意的,报国务院宗教事务部门审批。

国务院宗教事务部门应当自收到全国性宗教团体的申请或者省、自治区、直辖市人民政府宗教事务部门设立宗教院校的报告之日起60日内,作出批准或者不予批准的决定。

第九条 设立宗教院校,应当具备下列条件:

(一)有明确的培养目标、办学章程和课程设置计划;

(二)有符合培养条件的生源;

(三)有必要的办学资金和稳定的经费来源;

(四)有教学任务和办学规模所必需的教学场所、设施设备;

(五)有专职的院校负责人、合格的专职教师和内部管理组织;

(六)布局合理。

第十条 全国性宗教团体可以根据本宗教的需要按照规定选派和接收宗教留学人员。

第十一条 信仰伊斯兰教的中国公民前往国外朝觐,由伊斯兰教全国性宗教团体负责组织。

第三章 宗教活动场所

第十二条 信教公民的集体宗教活动,一般应当在经登记的宗教活动场所(寺院、宫观、清真寺、教堂以及其他固定宗教活动处所)内举行,由宗教活动场所或者宗教团体组织,由宗教教职人员或者符合本宗教规定的其他人员主持,按照教义教规进行。

第十三条 筹备设立宗教活动场所,由宗教团体向拟设立的宗教活动场所所在地的县级人民政府宗教事务部门提出申请。县级人民政府宗教事务部门应当自收到申请之日起30日内,对拟同意的,报设区的市级人民政府宗教事务部门审批。

设区的市级人民政府宗教事务部门应当自收到县级人民政府宗教事务部门的报告之日起30日内,对拟同意设立寺院、宫观、清真寺、教堂的,提出审核意见,报省、自治区、直辖市人民政府宗教事务部门审批;对设立其他固定宗教活动处所的,作出批准或者不予批准的决定。

省、自治区、直辖市人民政府宗教事务部门应当自收到设区的市级人民政府宗教事务部门拟同意设立寺院、宫观、清真寺、教堂的报告之日起30日内,作出批准或者不予批准的决定。

宗教团体在宗教活动场所的设立申请获批准后,方可办理该宗教活动场所的筹建事项。

第十四条 设立宗教活动场所,应当具备下列条件:

(一)设立宗旨不违背本条例第三条、第四条的规定;

(二)当地信教公民有经常进行集体宗教活动的需要;

(三)有拟主持宗教活动的宗教教职人员或者符合本宗教规定的其他人员;

(四)有必要的资金;

(五)布局合理,不妨碍周围单位和居民的正常生产、生活。

第十五条 宗教活动场所经批准筹备并建设完工后,应当向所在地的县级人民政府宗教事务部门申请登记。县级人民政府宗教事务部门应当自收到申请之日起30日内对该宗教活动场所的管理组织、规章制度建设等情况进行审核,对符合条件的予以登记,发给《宗教活动场所登记证》。

第十六条 宗教活动场所合并、分立、终止或者变更登记内容的,应当到原登记管理机关办理相应的变更登记手续。

第十七条 宗教活动场所应当成立管理组织,实行民主管理。宗教活动场所管理组织的成员,经民主协商推选,并报该场所的登记管理机关备案。

第十八条 宗教活动场所应当加强内部管理,依照有关法律、法规、规章的规定,建立健全人员、财务、会计、治安、消防、文物保护、卫生防疫等管理制度,接受当地人民政府有关部门的指导、监督、检查。

第十九条 宗教事务部门应当对宗教活动场所遵守法律、法规、规章情况,建立和执行场所管理制度情况,登记项目变更情况,以及宗教活动和涉外活动情况进行监督检查。宗教活动场所应当接受宗教事务部门的监督检查。

第二十条 宗教活动场所可以按照宗教习惯接受公民的捐献,但不得强迫或者摊派。

非宗教团体、非宗教活动场所不得组织、举行宗教活动,不得接受宗教性的捐献。

第二十一条 宗教活动场所内可以经销宗教用品、宗教艺术品和宗教出版物。

经登记为宗教活动场所的寺院、宫观、清真寺、教堂(以下称寺观教堂)按照国家有关规定可以编印宗教内部资料性出版物。

第二十二条 跨省、自治区、直辖市举行超过宗教活动场所容纳规模的大型宗教活动,或者在宗教活动场所外举行大型宗教活动,应当由主办的宗教团体、寺观教堂在拟举行日的 30日前,向大型宗教活动举办地的省、自治区、直辖市人民政府宗教事务部门提出申请。省、自治区、直辖市人民政府宗教事务部门应当自收到申请之日起15日 内作出批准或者不予批准的决定。

大型宗教活动应当按照批准通知书载明的要求依宗教仪轨进行,不得违反本条例第三条、第四条的有关规定。主办的宗教团体、寺观教堂应当采取有效措施防止 意外事故的发生。大型宗教活动举办地的乡、镇人民政府和县级以上地方人民政府有关部门应当依据各自职责实施必要的管理,保证大型宗教活动安全、有序进行。

第二十三条 宗教活动场所应当防范本场所内发生重大事故或者发生违犯宗教禁忌等伤害信教公民宗教感情、破坏民族团结、影响社会稳定的事件。

发生前款所列事故或者事件时,宗教活动场所应当立即报告所在地的县级人民政府宗教事务部门。

第二十四条 宗教团体、寺观教堂拟在宗教活动场所外修建大型露天宗教造像,应当由省、自治区、直辖市宗教团体向省、自治区、直辖市人民政府宗教事务部门提出申请。省、 自治区、直辖市人民政府宗教事务部门应当自收到申请之日起30日内提出意见,拟同意的,报国务院宗教事务部门审批。

国务院宗教事务部门应当自收到在宗教活动场所外修建大型露天宗教造像报告之日起60日内,作出批准或者不予批准的决定。

宗教团体、寺观教堂以外的组织以及个人不得修建大型露天宗教造像。

第二十五条 有关单位和个人在宗教活动场所内改建或者新建建筑物、设立商业服务网点、举办陈列展览、拍摄电影电视片,应当事先征得该宗教活动场所和所在地的县级以上地方人民政府宗教事务部门同意。

第二十六条 以宗教活动场所为主要游览内容的风景名胜区,其所在地的县级以上地方人民政府应当协调、处理宗教活动场所与园林、文物、旅游等方面的利益关系,维护宗教活动场所的合法权益。

以宗教活动场所为主要游览内容的风景名胜区的规划建设,应当与宗教活动场所的风格、环境相协调。

第四章 宗教教职人员

第二十七条 宗教教职人员经宗教团体认定,报县级以上人民政府宗教事务部门备案,可以从事宗教教务活动。

藏传佛教活佛传承继位,在佛教团体的指导下,依照宗教仪轨和历史定制办理,报设区的市级以上人民政府宗教事务部门或者设区的市级以上人民政府批准。天主教的主教由天主教的全国性宗教团体报国务院宗教事务部门备案。

第二十八条 宗教教职人员担任或者离任宗教活动场所主要教职,经本宗教的宗教团体同意后,报县级以上人民政府宗教事务部门备案。

第二十九条 宗教教职人员主持宗教活动、举行宗教仪式、从事宗教典籍整理、进行宗教文化研究等活动,受法律保护。

第五章 宗教财产

第三十条 宗教团体、宗教活动场所合法使用的土地,合法所有或者使用的房屋、构筑物、设施,以及其他合法财产、收益,受法律保护。

任何组织或者个人不得侵占、哄抢、私分、损毁或者非法查封、扣押、冻结、没收、处分宗教团体、宗教活动场所的合法财产,不得损毁宗教团体、宗教活动场所占有、使用的文物。

第三十一条 宗教团体、宗教活动场所所有的房屋和使用的土地,应当依法向县级以上地方人民政府房产、土地管理部门申请登记,领取所有权、使用权证书;产权变更的,应当及时办理变更手续。

土地管理部门在确定和变更宗教团体或者宗教活动场所土地使用权时,应当征求本级人民政府宗教事务部门的意见。

第三十二条 宗教活动场所用于宗教活动的房屋、构筑物及其附属的宗教教职人员生活用房不得转让、抵押或者作为实物投资。

第三十三条 因城市规划或者重点工程建设需要拆迁宗教团体或者宗教活动场所的房屋、构筑物的,拆迁人应当与该宗教团体或者宗教活动场所协商,并征求有关宗教事务部门的 意见。经各方协商同意拆迁的,拆迁人应当对被拆迁的房屋、构筑物予以重建,或者根据国家有关规定,按照被拆迁房屋、构筑物的市场评估价格予以补偿。

第三十四条 宗教团体、宗教活动场所可以依法兴办社会公益事业,所获收益以及其他合法收入应当纳入财务、会计管理,用于与该宗教团体或者宗教活动场所宗旨相符的活动以及社会公益事业。

第三十五条 宗教团体、宗教活动场所可以按照国家有关规定接受境内外组织和个人的捐赠,用于与该宗教团体、宗教活动场所宗旨相符的活动。

第三十六条 宗教团体、宗教活动场所应当执行国家的财务、会计、税收管理制度,按照国家有关税收的规定享受税收减免优惠。

宗教团体、宗教活动场所应当向所在地的县级以上人民政府宗教事务部门报告财务收支情况和接受、使用捐赠情况,并以适当方式向信教公民公布。

第三十七条 宗教团体、宗教活动场所注销或者终止的,应当进行财产清算,清算后的剩余财产应当用于与该宗教团体或者宗教活动场所宗旨相符的事业。

第六章 法律责任

第三十八条 国家工作人员在宗教事务管理工作中滥用职权、玩忽职守、徇私舞弊,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,依法给予行政处分。

第三十九条 强制公民信仰宗教或者不信仰宗教,或者干扰宗教团体、宗教活动场所正常的宗教活动的,由宗教事务部门责令改正;有违反治安管理行为的,依法给予治安管理处罚。

侵犯宗教团体、宗教活动场所和信教公民合法权益的,依法承担民事责任;构成犯罪的,依法追究刑事责任。

第四十条 利用宗教进行危害国家安全、公共安全,侵犯公民人身权利、民主权利,妨害社会管理秩序,侵犯公私财产等违法活动,构成犯罪的,依法追究刑事责任;尚不构成犯罪的,由有关主管部门依法给予行政处罚;对公民、法人或者其他组织造成损失的,依法承担民事责任。

大型宗教活动过程中发生危害公共安全或者严重破坏社会秩序情况的,依照有关集会游行示威的法律、行政法规进行现场处置和处罚;主办的宗教团体、寺观教堂负有责任的,由登记管理机关撤销其登记。

擅自举行大型宗教活动的,由宗教事务部门责令停止活动;有违法所得的,没收违法所得,可以并处违法所得1倍以上3倍以下的罚款;其中,大型宗教活动是宗教团体、宗教活动场所擅自举办的,登记管理机关还可以责令该宗教团体、宗教活动场所撤换直接负责的主管人员。

第四十一条 宗教团体、宗教活动场所有下列行为之一的,由宗教事务部门责令改正;情节较重的,由登记管理机关责令该宗教团体、宗教活动场所撤换直接负责的主管人员;情节严重的,由登记管理机关撤销该宗教团体、宗教活动场所的登记;有非法财物的,予以没收:

(一)未按规定办理变更登记或者备案手续的;

(二)宗教活动场所违反本条例第十八条规定,未建立有关管理制度或者管理制度不符合要求的;

(三)宗教活动场所内发生重大事故、重大事件未及时报告,造成严重后果的;

(四)违反本条例第四条规定,违背宗教的独立自主自办原则的;

(五)违反国家有关规定接受境内外捐赠的;

(六)拒不接受登记管理机关依法实施的监督管理的。

第四十二条 涉及宗教内容的出版物有本条例第七条第二款禁止内容的,对相关责任单位及人员由有关主管部门依法给予行政处罚;构成犯罪的,依法追究刑事责任。

第四十三条 擅自设立宗教活动场所的,宗教活动场所已被撤销登记仍然进行宗教活动的,或者擅自设立宗教院校的,由宗教事务部门予以取缔,没收违法所得;有违法房屋、构筑物的,由建设主管部门依法处理;有违反治安管理行为的,依法给予治安管理处罚。

非宗教团体、非宗教活动场所组织、举行宗教活动,接受宗教性捐献的,由宗教事务部门责令停止活动;有违法所得的,没收违法所得;情节严重的,可以并处违法所得1倍以上3倍以下的罚款。

擅自组织信教公民到国外朝觐的,由宗教事务部门责令停止活动;有违法所得的,没收违法所得,可以并处违法所得1倍以上3倍以下的罚款。

第四十四条 违反本条例规定修建大型露天宗教造像的,由宗教事务部门责令停止施工,限期拆除;有违法所得的,没收违法所得。

第四十五条 宗教教职人员在宗教教务活动中违反法律、法规或者规章的,除依法追究有关的法律责任外,由宗教事务部门建议有关的宗教团体取消其宗教教职人员身份。

假冒宗教教职人员进行宗教活动的,由宗教事务部门责令停止活动;有违法所得的,没收违法所得;有违反治安管理行为的,依法给予治安管理处罚;构成犯罪的,依法追究刑事责任。

第四十六条 对宗教事务部门的具体行政行为不服的,可以依法申请行政复议;对行政复议决定不服的,可以依法提起行政诉讼。

第七章 附则

第四十七条 内地与香港特别行政区、澳门特别行政区和台湾地区进行宗教交往,按照法律、行政法规和国家有关规定办理。

第四十八条 本条例自2005年3月1日起施行。1994年1月31日国务院发布的《宗教活动场所管理条例》同时废止。