Public Notice of the Standing Committee
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of the Shenzhen Municipal People' s Congress
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(No.
71) |
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Regulations on
Religious Affairs of the Shenzhen Special Economic Zone was
adopted at the Twenty-seventh Meeting of the Standing Committee
of the Second Shenzhen Municipal
People' s Congress and
promulgated on October 27, 1998, and shall take effect as of
January 1,
1999. |
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Regulations on Religious Affairs of the Shenzhen Special
Economic Zone
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(Adopted
at the Twenty-seventh Meeting of the Standing Committee |
of
the Second Shenzhen People' s Congress on October 27, 1998) |
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Chapter I General
Provisions
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Article 1 In order to
protect citizens' freedom of religious belief, maintain normal
religious activities,
and safeguard lawful rights and interests
of religious circles, these regulations are formulated hereby in
compliance with Constitution
of the People' s Republic of China and the related law,
regulations of the state as well as in the light of the specific
circumstances
of this city. |
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Article 2 Religious
affairs shall mean various relations, behavior or activities,
existing between religion
and the state, society, citizens,
which concern the public interests of the society |
These regulations shall apply to administration of
religious affairs within the administrative division of this
city. |
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Article 3 A
citizen shall have freedom of religious belief. Any organization
and individual shall neither
force a citizen to believe or not
to believe in a religion, nor discriminate both a citizen with
religious belief and a citizen without religious belief. |
There shall be mutual respect between citizens with
religious belief and those without religious belief, and among
citizens of different religions and different religious sects. |
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Article 4 Religious
places, clergymen, citizens with religious belief, lawful rights
and interest of religious
groups, and normal religious
activities shall be protected by law, any organization and
individual
shall not infringe and interfere. |
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Article 5 Religious
activities shall be conducted within the limits set by law and
regulations. Any organization
and individual shall not use
religion to interfere in administrative and judicial affairs of
the
state, disrupt social order, do damage to physical and
mental health of citizens, and jeopardize the state educational
system. |
Religious groups and activities shall not be under
control of foreign forces. |
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Article 6 The
Department of Religious Affairs of the Shenzhen Municipal
People' s Government (hereinafter
referred to as "the
municipal department of religious affairs" ) shall be the
responsible department
for religious affairs of the city. |
The departments of religious affairs of district
people' s governments (hereinafter referred to as the district
department of religious affairs) shall be the responsible
departments for religious affairs of the
districts under their
respective jurisdiction. |
The municipal department of religious affairs shall
provide professional direction for the district departments of
religious affairs. |
The related departments of the municipal, district
people' s governments shall, according to their respective
functions, help the departments of religious affairs to
administer religious affairs. |
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Chapter II Religious
Places
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Article 7 Religious places
referred to in these regulations shall mean regular places for
citizens with religious
belief to have collective religious
activities such as monasteries, temples, mosques, churches, etc. |
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Article 8 Religious
places shall be registered and have annual inspection according
to law. |
Construction, reconstruction of religious places shall be
examined and verified by the municipal people' s government,
and reported to the Guangdong Provincial People' s Government
for approval. |
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Article 9 In
religious places, administrative organizations shall be
established to conduct democratic administration,
various
management systems for religious affairs, finance, security,
firefighting, etc. shall also
be set up and have improvement. |
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Article 10 Religious
places may accept voluntary donation, special endowment,
benefaction and other contributions
from citizens and social
groups. |
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Article 11 Religious
places may start public service business for self-supporting. |
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Article 12 It
shall be allowed in religious places to deal in religious
articles, religious works of art, and
religious publications
according to the related rules. |
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Article 13 The
permanent residents in religious places and temporary residents
from somewhere else shall abide
by the rules on residence
registration of this city. |
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Article 14 If
there is a display, exhibition, film shooting and TV play series
making to be conducted in a
religious place, it shall be
approved by the administrative organization of this religious
place
and a department of religious affairs. |
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Article 15 Religious
places listed as units to be protected as historical relics or
locating in scenic spots
shall strengthen protection of
historical relics and environment in accordance with the related
law and regulations. |
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Article 16 The
monasteries, temples, and churches, which are not used for
religious activities but run by the
departments in charge of
historical relics, tourism, and gardening, shall not accept
contributions,
sell religious articles, and conduct religious
activities. |
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Article 17 Closing
and changing of religious places shall be reported to the
original registration office and
go through the related
procedures; if a religious place is closed, its property shall
be disposed
according to the related law and regulations. |
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Chapter III Religious
Activities
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Article 18 Religious
activities referred to in these regulations shall mean the
activities conducted by citizens
with religious belief in
compliance with religious doctrines, canons, traditions and
customs. These
activities include worshiping Buddha, reciting
scriptures, burning incense, religious service, praying, Mass,
expounding the texts of Buddhism, preaching, fasting, baptizing,
ceremony for being initiated into
monkhood or nunhood, last
sacrament, memorial service, celebrating religious holidays,
etc. |
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Article 19 Religious activities shall be conducted in religious
places registered according to law or in the places approved
by
the departments of religious affairs. |
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Article 20 When citizens with religious belief having religious
activities as a group, the activities shall be directed by a
religious clergyman or a qualified person according to the rules
of this religion. |
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Article 21 If there is a city-wide grand ceremony of a religion to
be held, the sponsor shall report to the municipal department
of
religious affairs 30 days before the date of the ceremony. |
The municipal department of religious affairs shall reply
within 15 days after receiving the report. |
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Article 22 Any organization and individual shall not engage in
propaganda and debate between different religions and between
different religious sects in religious places. |
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Chapter IV Religious
Clergymen
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Article 23 Religious
clergymen referred to in these regulations shall mean the
persons identified by religious
groups as having certain kinds
of status of clergy, including Buddhist Bhiksu, Bhiksuni; Taoist
priest, Taoist nun; Islamic ahung, imam; Catholic bishop,
priest; Christian pastor, minister, missionary, presbyter,
and
other identified people. |
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Article 24 The status of clergy shall be identified or removed by a
religious group according to the requirements and procedures
set
by the religion, and reported to the municipal department of
religious affairs for record. |
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Article 25 Religious
clergymen may direct religious activities, handle religious
affairs and participate in
democratic administration in
religious places. |
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Article 26 If a clergyman of this city is invited to direct
religious activities out of the city or a clergyman out of the
city is invited to come to the city to direct religious
activities, it shall be required to have
approval from the
municipal religious group and to report to the municipal
department of religious
affairs for record. |
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Article 27 Religious clergymen shall not accept the funds for
religious use and conditional contributions provided by
religious groups or individuals abroad. |
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Chapter V Religious
Groups
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Article 28 Religious groups
referred to in these regulations shall mean the patriotic
organizations, religious
affairs organizations of various
religions, established by registration according to law and
consisting
of citizens with religious belief, which include the
municipal, district Patriotic Associations of Christian Three
"Self " , Christian Association, Catholic Patriotic
Association, Islamic Association, Buddhist
Association and other
religious organizations. |
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Article 29 In
order to establish a religious group, an application shall be
filed in accordance with the rules
set by the state for
registration and administration of mass organizations, after
approval from
the municipal or district department of religious
affairs, the status of the corporation aggregate shall be
obtained by verification and registration in the local
department of civil administration. |
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Article 30 Religious
groups shall carry out activities in compliance with their own
rules. |
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Article 31 Religious
groups shall help governments implement the religion-related
law, regulations, teach religious
clergymen and citizens with
religious belief both patriotism and national unity, protect
their
lawful rights and interests, organize normal religious
activities, handle religious affairs, engage in academic
research and exchange in religious culture. |
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Chapter VI Religious
Property
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Article 32 Religious
property referred to in these regulations shall mean the houses,
land (including attached
tablets, pagodas, forests, tombs,
etc.), various religious facilities and articles, religious
income
owned or managed for use by religious groups or religious
places, and also the assets and earnings lawfully owned
by their
public service business. |
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Article 33 Religious
property shall be protected by law, any organization and
individual shall not encroach
upon and do damage to such
property. |
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Article 34 Houses
or land as religious property shall be registered according to
the related rules, house titles
and land use certificates shall
be obtained; if there is any change, the formalities for change
shall be complied with. |
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Article 35 If
urban construction needs to remove any house of religious
property, it shall be preceded by consulting
with the religious
group or religious place and the department of religious
affairs, a reasonable
settlement or compensation shall be
arranged according to law; requisition of the land managed and
used by a religious group or a religious place shall be done in
compliance with the related law and policies. |
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Chapter VII Religious
Publications
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Article 36 Religious
publications referred to in these regulations shall mean
religious scriptures, ancient
books and records, books,
newspapers, journals, audio and video materials, electric
publications
to record or expound religious doctrines and
canons, which are approved and permitted to be published and
produced. |
Without approval, any organization and individual shall
not publish, produce, sell, ship, and distribute religious
publications. |
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Article 37 If
religious groups, religious places want to publish and produce
religious publications, they shall
have the department of
religious affairs do examination and give approval, and obtain
permits in
accordance with the related regulations on
publications. |
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Article 38 The
following materials shall be submitted to the department of
religious affairs to apply for
examination and approval of
publishing and producing of religious publications: |
(1)
a written application for publishing and producing; |
(2)
the lawful registration documents of religious groups,
religious places; |
(3)
sample publications |
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Article 39 The
publishing and producing of religious publications shall be done
in |
the
qualified enterprises for publishing and producing according to
the requirements set by the
state. |
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Chapter VIII Religious
Activities Concerning Foreign Affairs
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Article 40 Religious
groups, religious places and religious personage shall insist on
the principles of independence
and self-initiation, mutual
noninterference, equality and friendliness, and mutual respect
in their
friendly intercourse and cultural, academic exchange
with the religious groups and individuals of foreign countries. |
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Article 41 If
religious groups or individuals are invited to go abroad for
visit and invite the religious groups
or individuals of foreign
countries to come for visit, they shall apply to the municipal
department
of religious affairs for approval, and go through the
formalities in compliance with the related regulations on
foreign affairs and the state' s control of exit and entry. |
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Article 42 If
a religious group invites foreign religious figures to expound
scriptures, preach a sermon, and
conduct other religious,
academic, cultural exchange in the religious places of this
city, it shall
be approved by the municipal department of
religious affairs and proceed in compliance with the related
rules. |
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Article 43 Foreigners
may participate in religious activities in the religious places
of this city; they may
attend the service and worship in the
places designated by the municipal department of religious
affairs. |
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Article 44 It
shall not be allowed in this city for foreigners either to
establish a religious organization,
set up a religious agency,
open a religious place, and run a religious school, or to
recruit followers
of a religion among Chinese citizens, appoint
religious clergy and engage in other missionary work. |
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Article 45 If
religious groups and religious places accept the contribution
from foreign religious organizations
or individuals, it shall be
conducted according to the amount and use of the contribution in
compliance
with the related rules of the state. |
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Article 46 Any
department and unit shall not accept additional religious terms
in cooperation and contacts
with foreigners in trade, science
and technology, culture, education, overseas Chinese affairs,
tourism, sports, etc. |
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Chapter IX Legal
Liabilities
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Article 47 If there is one
of the following acts in violation of these regulations, the
department of religious
affairs or the other related departments
shall order stopping the infringement act, issue a warning to
the responsible unit and the directly responsible person, and
may impose a fine of more than 1,000 but less
than 5,000 RMB at
the same time: |
(1)
infringing upon citizens' freedom of religious belief
with the resultant damage to their legal rights; |
(2)
inciting disputes between the citizens with religious
belief and those without, and among the citizens with different
religious beliefs; |
(3)
occupying and damaging the legal property of religious
groups and religious places; |
(4)
disturbing, obstructing normal religious activities and
ignoring admonition. |
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Article 48
If there is one of the following acts in violation of these
regulations, |
the
department of religious affairs or the other related departments
shall, according to how serious
the case is, order stopping the
act, issue a warning, seize the articles for illegal activities
and confiscate illegal earnings, and may impose a fine of more
than 1,000 but less than 5,000 RMB at the same time: |
(1)
directing or organizing religious activities in the
places which have not been registered and approved by the
department of religious affairs; |
(2)
pretending to be a clergyman in order to engage in
religious activities and religious administration; |
(3)
accepting additional religious terms in cooperation and
contacts with foreigners; |
(4)
establishing a religious organization without approval; |
(5)
accepting religious subsidies, missionary fund, or the
contribution with additional terms provided by religious
organizations and individuals from abroad. |
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Article 49 If
there is one of the following acts in violation of these
regulations, |
the
department of religious affairs or the other related departments
shall, according to how serious
the case is, order correcting,
confiscate illegal earnings and articles, close down, dismantle
illegal facilities or put them to other use; if the case is
serious, a fine of more than 5,000 but less than 30,000
RMB or
1-5 times of illegal earnings may be imposed at that same time: |
(1)
constructing, reconstructing a religious place without
examination and approval or setting up a religious place without
authorization; |
(2)
holding displays, exhibitions, and shooting films and TV
play series in religious places without approval; |
(3)
collecting contributions, selling religious articles, and
conducting religious activities in monasteries, temples,
and
churches under administration of the departments of historical
relics, tourism, and gardening; |
(4)
publishing, making, selling, shipping, and distributing
religious publications without examination and approval. |
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Article 50 If
a party concerned refuses to accept the disciplinary sanction,
an |
application
may be filed for administrative review or an appeal may be
lodged to the people' s court
directly according to law. |
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Article 51 If
anyone of the state personnel abuses power, neglects duties,
practices favoritism and engages
in irregularities, the unit
this person is affiliated with or the responsible department at
a higher
level shall, according to how serious the case is,
order correcting, and may impose disciplinary sanction; if a
crime has been committed, the criminal responsibility shall be
ascertained according to law. |
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Article 52 If
a foreigner has violated these regulations, the department of
religious affairs shall do dissuasion;
if Administration
Law of Entry and Exit of Foreigners of the People' s Republic
of China, Regulations on Punishment for Public Security of the People' s Republic
of China have been violated, the department of public
security shall impose sanction according to law; if a crime has
been committed, the criminal responsibility shall be ascertained
according to law. |
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Chapter 10 Supplementary
Provision
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Article 53 If Chinese
nationals residing abroad and the residents, religious
organizations of Hong Kong Special
Administrative Region, Macao,
Taiwan engage in religious activities in this city, they shall
refer
to these regulations. |
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Article 54
These regulations shall take effect as of January 1, 1999. |