Provisions on the Administration of Religious Activities of Aliens within the Territory of the People’s Republic of China

Decree of the State Council of the People’s Republic of China
No.144

Provisions on the Administration of Religious Activities of aliens within the Territory of the People’s Republic of China are hereby promulgated and shall enter into force as of the day of promulgation.

Li Peng Premier

January 31,1994
 

Provisions on the Administration of Religious Activities of Aliens within the Territory of the People’s Republic of China

Article 1  These Provisions are formulated in accordance with the Constitution in order to ensure the freedom of religious belief of aliens within the territory of the People’s Republic of China and to maintain the public interests of the society.

Article 2  The People’s Republic of China respects the freedom of religious belief of aliens within Chinese territory and protects friendly contacts and cultural and academic exchanges of aliens with Chinese religious circles in respect of religion.

Article 3  Aliens may participate in religious activities at Buddhist monasteries, Taoist temples, mosques, churches and other sites for religious activities within Chinese territory. Aliens may preach and expound the scripture at Chinese sites for religious activities at the invitation of Chinese religious bodies at or above the level of provinces, autonomous regions and municipalities directly under the Central Government.

Article 4  Aliens may hold religious activities attended by aliens at the sites for religious activities approved by the department of religious affairs of the people’s government at or above the county level.

Article 5  Aliens within Chinese territory may invite Chinese religious personnel to conduct such religious ceremonies as baptism, weddings, funerals, Taoist and Buddhist rites.

Article 6  Aliens entering Chinese territory may carry religious printed matter, religious audio-visual products and other religious articles for personal use; if the amount of such religious printed matters, religious audio-visual products and other religious articles is greater than for personal use, it shall be dealt with in accordance with the provisions of the Chinese Customs.

Religious printed matter of religious audio-visual products whose contents are detrimental to the public interests of Chinese society are forbidden to bring into Chinese territory.

Article 7  Aliens within Chinese territory shall recruit the persons to study abroad to be trained as religious personnel, or come to study or teach at Chinese religious institutions in accordance with the relevant provisions of China.

Article 8  Aliens who conduct religious activities within Chinese territory shall abide by Chinese laws and regulations, shall not establish religious organizations, set up religious offices, sites for religious activities or run religious institutions within Chinese territory, nor may they develop followers, appoint religious personnel or engage in other missionary activities.

Article 9  Where aliens conduct religious activities that violate these Provisions, the departments of religious affairs and other related departments of the people’s government at or above the county level shall dissuade or stop them; where those activities violate the control of the entry and exit of aliens or administration of public security, the public security organs shall punish them in accordance with the law; where a crime is constituted, they shall be investigated for their criminal responsibility by the judicial organs.

Article 10  These Provisions are applicable to religious activities of foreign bodies within Chinese territory.

Article 11  Chinese citizens residing abroad within Chinese territory, Taiwan residents on the Mainland, the residents of Hong Kong and Macao in the inland shall conduct religious activities with reference to these Provisions.

Article 12  The department of religious affairs of the State Council shall be responsible for the interpretation of these Provisions.

Article 13  These Provisions shall enter into force as of the day of promulgation.

Rules for the Implementation of the Provisions on the Administration of Religious Activities of Aliens within the Territory of the People’s Republic of China

Decree of the State Administration for Religious Affairs
No.1

    Approved by the council of the State Administration for Religious Affairs on August 11,2000, Rules for the Implementation of the Provisions on the Administration of Religious Activities of Aliens within the Territory of the People’s Republic of China are hereby promulgated and shall enter into force as of the day of promulgation .

Ye Xiaowen

Director-General

September 26, 2000

Rules for the Implementation of the Provisions on the Administration of Religious Activities of Aliens within the Territory of the People’s Republic of China

Article 1 These Rules are formulated in accordance with the Provisions on the Administration of Religious Activities of Aliens within the Territory of the People’s Republic of China.

Article 2 Aliens within the territory of the People’s Republic of China are referred to those who are within Chinese territory without Chinese nationalities pursuant to the Nationality Law of the People’s Republic of China, including long-term residing China personnel and short-term visiting China personnel.

Article 3 Religious activities of aliens within Chinese territory are referred to the religious ceremonies that aliens conduct or participate in according to their own religious belief customs, the contacts with Chinese religious bodies, sites for religious activities and religious personnel in respect of religion, and other relevant activities.

Article 4 The People’s Republic of China respects the freedom of religious belief of aliens within Chinese territory, and protects and administrates the religious activities of aliens within Chinese territory in accordance with law.

The People’s Republic of China protects friendly contacts and cultural and academic exchanges of aliens within Chinese territory with Chinese religious circles in respect of religion in accordance with law.

Article 5 Aliens may participate in religious activities at Buddhist monasteries, Taoist temples, mosques, churches lawfully registered within Chinese territory according to their own religious belief.

Article 6 At the invitation of Chinese religious bodies at or above the level of province, autonomous region or municipality directly under the Central Government, aliens visiting China as religious personnel may preach and expound the scripture at lawfully registered sites for religious activities.

At the invitation of Chinese religious bodies at or above the level of province, autonomous region or municipality directly under the Central Government, and after approved by the departments of religious affairs of the people’s governments at or above the provincial level, aliens entering China as other status may preach and expound the scripture at lawfully registered sites for religious activities.

Foreign religious personnel who are invited to preach and expound the scripture at the lawfully registered sites for religious activities shall abide by the administrative rules of these sites and respect the belief customs of the personnel of these sites.

Article 7 The collective religious activities of aliens within Chinese territory shall be conducted at the Buddhist monasteries, Taoist temples, mosques, churches recognized by the departments of religious affairs of the people’s government at or above the county level, or at the temporary sites appointed by the departments of religious affairs of the people’s governments of province, autonomous region or municipality directly under the Central Government.

Where aliens within Chinese territory collectively conduct religious activities at temporary sites, they shall be administrated by the departments of religious affairs of the people’s governments at or above the county level.

Article 8 The friendly contacts and cultural and academic exchanges of aliens with Chinese religious circles shall be conducted via Chinese religious bodies at or above the level of province, autonomous region or municipality directly under the Central Government.

Article 9 Foreign religious organizations that have no corresponding legitimate Chinese religious organizations within Chinese territory and their members must get consent from the departments of religious affairs of the people’s governments at provincial level and approval from the State Administration for Religious Affairs before conducting contacts in the name of these organizations or as religious personnel with relevant departments of Chinese government or Chinese religious circles.

Article 10 Consented by Chinese religious bodies, aliens within Chinese territory may invite Chinese religious personnel to conduct such religious ceremonies as baptism, weddings, funerals, Taoist or Buddhist rites according to each religious customs. Among these ceremonies, the aliens conducting weddings must be males and females who have already set up marriage relationship in accordance with law.

The Chinese religious personnel refer to those who have been recognized and recorded by lawfully registered religious bodies.

Article 11 Consented by national religious bodies or relevant religious bodies at the level of province, autonomous region or municipality directly under the Central Government, and approved by the departments of religious affairs of the local people’s governments at or above the provincial level, aliens entering Chinese territory may carry religious articles used in religious cultural and academic exchanges in accordance with relevant programs and agreements of religious cultural and academic exchanges.

Where the religious articles conform to the stipulations of the previous paragraph and the relevant provisions of the Chinese customs, they shall be passed by the customs based on the certificates issued by the departments of religious affairs of the people’s governments of province, autonomous region and municipality directly under the Central Government or the State Administration for Religious Affairs.

Article 12 It is prohibited to bring the following religious printed matter, religious audio-visual products and other articles into Chinese territory:

(1) if the amount exceeds that for personal rational use, and they do not belong to the category stipulated in Article 11;

(2) if the contents of these articles are detrimental to Chinese national security and public interests of Chinese society.

Where the religious printed matters, religious audio-visual products and other religious articles are found to be those mentioned in previous paragraph, the case shall be dealt with by the customs in accordance with law.

Where the religious printed matters, religious audio-visual products and other religious articles which violate the stipulations of the first paragraph have been brought into Chinese territory or transported into Chinese territory by other means, once being found, they shall be dealt with by the departments of religious affairs or other related departments of the people’s governments at or above the county level in accordance with law.

Article 13 The enrollment of study abroad or capital provided to China by foreign organizations or individuals for the purpose of training religious personnel shall be accepted by Chinese national religious bodies on the basis of need, and the study abroad personnel shall be selected and dispatched by Chinese national religious bodies as a whole plan.

Foreign organizations or individuals may not recruit students within Chinese territory for their study and training abroad as religious personnel without permission.

Article 14 Aliens who intend to come to China for studying at Chinese religious institutions must conform to the stipulations set by the Provisions on the Administration of Accepting Foreign Students by Chinese Institutions of Higher Learning, get approval from Chinese national religious bodies, and keep records at the State Administration for Religious Affairs.

Article 15 Aliens who intend to come to China for teaching at Chinese religious institutions must be subject to the Methods of Engaging Foreign Professionals by Religious Institutions.

Article 16 Aliens who conduct religious activities within Chinese territory shall abide by Chinese laws and regulations.

Aliens may not intervene in the establishment and change of Chinese religious bodies or sites for religious activities, the selecting, appointing and changing of religious personnel by Chinese religious bodies, nor may they intervene in or manipulate other internal affairs of Chinese religious bodies.

Within Chinese territory, aliens may not establish religious organizations, institute religious offices, set up sites for religious activities, run religious institutions or hold religious classes in any names or forms.

Article 17 Aliens may not engage in the following missionary activities within Chinese territory:

(1) appointing religious personnel among Chinese citizens;

(2) developing religious followers among Chinese citizens;

(3) preaching and expounding the scripture at the sites for religious activities without permission;

(4) preaching and expounding the scripture or conducting religious gathering activities at the places outside the lawfully registered sites for religious activities;

(5) conducting religious activities in which Chinese citizens are admitted to participate at the temporary sites for religious activities, except that the Chinese religious personnel are invited to preside the religious activities;

(6) producing or selling religious books and journals, religious audio-visual products, religious electronic goods or other religious articles;

(7) distributing religious promotion materials;

(8) other missionary activities.

Article 18 Where the international religious organizations, offices and their members intend to contact or conduct other related activities with Chinese religious bodies, sites for religious affairs and religious personnel, they shall make applications to the departments of religious affairs of the people’s governments at or above the provincial level in advance. The contact or other related activities may be conducted only after approved by the departments of religious affairs of the people’s governments at or above the provincial level.

Article 19 Where aliens within Chinese territory conduct religious activities that violate these Rules, the departments of religious affairs and other related departments of the people’s governments at or above the county level shall stop them in accordance with law.

Where religious activities conducted by aliens within Chinese territory violate these Rules as well as the Law of the Control on the Entry and Exit of Aliens of the People’s Republic of China and the Regulations on Administrative Penalties for Public Security, the aliens shall be dealt with by the public organs in accordance with law; where a crime is constituted, the aliens shall be investigated for their criminal liability by the judicial organs in accordance with law.

Article 20 These Rules are applicable to religious activities conducted by foreign organizations within Chinese territory.

Article 21 The State Administration for Religious Affairs shall be responsible for the interpretation of these Rules.

Article 22 These Rules shall enter into force as of the date of promulgation.