Bitter Winter offers the first complete English translation of these new provisions, coming into force on February 1, 2020. As we commented, they make the situation of religion in China from bad to worse.
Table of Contents
Chapter I General Provisions
Article 1 In order to regulate the administration of religious organizations, promote healthy development of religious organizations, and actively guide religions to adapt to the socialist society, the following Measures are formulated in accordance with the national regulations on the administration of social organizations, and on religious affairs.
Article 2 The “religious organizations” as mentioned in the present Measures refer to non-profit social organizations that are voluntarily formed by religious citizens, for the purpose of unity in patriotism and in religious affiliation, to promote healthy development of religions, and carry out activities in accordance with their own charters. Religious organizations are the bridge and bond for the Chinese Communist Party and the people’s government to unite and to connect with the clergy and all the lay religious citizens.
Article 3 A religious organization can be recognized as such only when it has been examined and approved by the religious affairs department of the people ’s government, and register with the civil affairs department of the people ’s government, in accordance with the national regulations on the administration of social organizations, and on religious affairs. Without the approval of the religious affairs department of the people’s government, or registration with the civil affairs department of the people’s government, no religious activities in the name of religious organizations are allowed.
Article 4 The charters of a religious organization shall adhere to the national regulations on the administration of social organizations, and on religious affairs. Religious organizations may conduct activities according to their charters as protected under law.
Article 5 Religious organizations must support the leadership of the Communist Party of China, abide by the Constitution, laws, regulations, rules and policies, adhere to the principles of self-support and self-governance, adhere to the direction of Sinicization of religions in China, embody the core values of socialism, and maintain national unity, ethnic unity , religious harmony and social stability.
Article 6 The religious affairs department of the people’s government is the administrative unit in charge of the professional undertakings of religious organizations. Religious organizations shall accept professional guidance and supervision by the religious affairs department of the people’s government.
Chapter 2 Structure of Religious Organizations
Article 7 Religious organizations shall structure their organizations under the principles of democracy, effective leadership, and efficiency, in accordance with the national regulations on the administration of social organizations, and on religious affairs, and their own charters.
Article 8 The congress of representatives is the supreme power structure of religious organizations. The council (committee) is the executive body for the congress of representative, and answer to the latter. A religious organization with large numbers of members may establish an executive council (standing committee), who answer to the council (committee).
Article 9 In a religious organization, the congress of representatives, the council (committee) and the executive council (standing committee) should meet regularly in accordance with the national regulations on the administration of social organizations, and their own charters, to make decisions and perform their duties.
Article 10: In a religious organization, the head of the board of directors (head of committee), executive director (standing committee member), president (chair, director), vice president (vice chair, deputy director), secretary-general (assistant director-general), deputy secretary-general (deputy assistant director-general) shall take office and perform their duties in accordance with the national regulations on the administration of social organizations, and their own charters.
Article 11 The president (chair, director) shall not concurrently serve as president (chair, director) of other social organizations, including religious organizations, except for when the religious organization for which he/she serves as president (chair, director) shares the same administrative office with another organization. The president (chair, director) should be a mainland resident, citizen of the People’s Republic of China, and preferably under 70 years of age. The president (chair, director) serves for a term of five years, and can be elected to serve a second term. The president (chair, director) should be stationed full time at the office of the organization. In extreme circumstances, if the president (chair, director) is unable to do so, the executive vice president (executive vice chair, executive deputy director) should be held responsible for the daily work of the organization. At least one of the vice presidents (vice chairs, deputy directors) should be stationed full time at the office of the organization.
Article 12 The legal representative of a religious organization should be the president (chair, director). The legal representative of a religious organization shall not concurrently serve as the legal representative of other social organizations, including religious organizations.
Article 13 Religious organizations should set up offices in accordance with their professional scope and actual needs.
Article 14 The establishment of sub-organizations and representative offices of religious organizations shall conform to the professional purposes and scope stipulated in their own charters and be approved after discussion by the council (committee) or the executive council (standing committee). The sub-organizations can be called branches, professional committees, working committees, etc. Representative offices can be called representative agencies, business offices and liaison offices. Sub-organizations and representative offices are not entitled to the status of legal persons and are not allowed to make separate charters. They shall not be named after any legal person organizations. Words such as “China” “Chinese” “national” and “state” cannot appear in their names. They must use the full name of the parent religious organization when they conduct activities. Religious organizations may not establish regional sub-organizations, nor may they establish sub-organizations or representative offices under existent sub-organizations or representative offices.
Article 15 Religious organizations should strengthen their leadership team building and have high-quality leadership who meet the standards of being politically reliable, democratic in communication, and efficient at work.
Chapter III Functions of Religious Organizations
Article 16 Religious organizations should carry out their work in accordance with laws and their own charters, and perform their duties as prescribed by laws, regulations, rules, and their own charters.
Article 17 Religious organizations should publicize the guidelines and policies of the Communist Party of China, national laws, regulations, and rules to the clergy and religious citizens, in order to instruct and direct the clergy and religious citizens to support the rule of the Communist Party of China, support the socialist system, follow the path of socialism with Chinese characteristics, abide by the laws, regulations, rules and policies, correctly treat the relationship between state laws and religious rules, and strengthen their national consciousness, consciousness of rule by law, and consciousness of one’s duty as a citizen.
Article 18 Religious organizations should connect with and serve the clergy and religious citizens, report the opinions and reasonable demands of the religious population, safeguard the legitimate rights and interests of the clergy and religious citizens, and direct them to fulfill their civic obligations.
Article 19 Religious organizations should, in accordance with the constitution, laws, regulations, rules, policies, and practical work requirements, formulate and implement charters within their professional scope for religious institutions, religious venues, clergy, and religious activities.
Article 20 National religious organizations and religious organizations on provincial, autonomous region, and municipal levels should perform their duties to oversee religious institutions, to conduct daily administration and supervision, to instruct the religious institutions in the correct direction regarding educational goals, to improve the quality of education, to improve the system of the board of directors, council, or other administrative structure and decision-making mechanism, to improve the administration and operation of religious institutions, support them to improve their infrastructure, help them overcome challenges and obstacles in school operations, and ensure that religious institutions have stable funding.
Article 21 Religious organizations should supervise the establishment of administrative departments for venues of religious activities, improve the administration system, implement democratic administration, and standardize religious activities and financial management. Religious organizations should supervise the selection process of the clergy in charge of the venues of religious activities, review the clergy who will hold or leave the position, and after confirming the appointment, ensure that registrations for the venues of religious activities are filed at the religious affairs department of the people’s government. Religious organizations may apply to establish a venue for religious activities in accordance with their actual needs. They should submit their opinions when an application is made for the registration of venues of religious activities as legal persons.
Article 22 Religious organizations should conduct researches on religious cultures and religious classics, carry out the construction of religious ideology, and dig deep into doctrines and canons for useful content for maintaining social harmony, advancing with the times, and being healthy and cultured. They should provide interpretations for doctrines and canons that meet the requirements of the development and progress of modern China, and in accordance with the glorious traditional Chinese culture.
Article 23 Religious organizations should ordain their clergy in accordance with the procedures of ordination stipulated in the rules created by the national religious organizations and register their names with the religious affairs department of the people’s government. Religious organizations should reinforce education for the clergy about rule by law, politics, culture, and religion, in order to improve their comprehensive capacity. Religious organizations should put emphasis on religious ethics, improve the reward-and-punishment mechanism and the rules for initiation and removal. Clergy who violate laws, regulations, rules, and the charters of the religious organization must be punished accordingly.
Article 24 National religious organizations and religious organizations on provincial, autonomous region, and municipal levels may, in accordance with the needs of their own religion, sponsor students to study religion overseas, recruit those who have studied religion overseas, and regulate the channels for students to study overseas. National religious organizations should formulate their own procedures for such sponsoring and recruiting and register with the State Administration for Religious Affairs.
Chapter IV Supervision and Administration
Article 25 The religious affairs department of the people’s government shall perform the duties as the administrative unit, direct and manage the following affairs of religious organizations in accordance with national laws, regulations, and rules: (1) to review the application to establish, reform, or unregister a religious organization, to review the conducts of a religious organization before approving its charters, to review the annual work reports of religious organizations, and to join with other government departments to direct the unregistering and liquidation process of religious organizations; (2) to supervise and direct religious organizations to carry out activities and perform their duties according to laws and regulations, and to handle according to law religious organizations which have violated laws, regulations, rules, policies and their own charters; (3) to examine, supervise and administrate in accordance with law applications from religious organizations to the religious affairs department of the people’s government; (4) to supervise and direct religious organizations to establish and improve their charters and rules, strengthen their ideological construction, team building, work ethics and institutional rules, in accordance with the constitution, laws, regulations, rules, policies, and actual work needs; (5) to direct and manage other matters as required by laws and regulations.
Article 26 Religious organization should report the following matters to the administrative unit for review and approval: (1) matters that should be reviewed by the administrative unit as stipulated by laws and regulations; (2) personnel change of the president (chair, director), vice president (vice chair, deputy director), secretary-general (assistant director-general), structural change of an office, personnel change of the head of the office, and naming a honorary president (chair, director); (3) holding important meetings, activities, trainings and international communications; (4) activities that name the religious affairs department of the people’s government as the supporting unit or sponsor; (5) receiving donations of religious books or audio/visual products, or donations over 100,000 yuan from overseas organizations or individuals; (6) other matters that should be reported to the administrative unit for review.
Article 27 Religious organizations should report the following matters in writing to the administrative unit for review and approval: (1) work projects, annual work plans, and annual summary reports; (2) large financial expenditures, major asset disposal, and major construction projects; (3) establishing sub-organizations, representative offices, social organizations, and economic entities; (4) accidents resulting in personal injury or property damage; (5) conflicts and disputes within the organization or with other parties, causing disruption to daily work; (6) major violations of laws and regulations; (7) other matters that should be reported to the administrative unit. In extreme circumstances, if a written report cannot be filed beforehand, the religious organization involved should submit a written report to its administrative unit during or after the event.
Article 28 Religious organizations should regulate their congress of representatives, councils (committees), executive councils (standing committees), president (chair, director) meetings, and president (chair, director) administrative meetings, and improve their democratic decision-making mechanism, according to the national regulations on the administration of social organizations, and their own charters.
Article 29 Religious organizations should create work projects and annual work plans, clarify their long-term and short-term tasks, and ensure that the projects and plans are accomplished.
Article 30 Religious organizations should establish their own administrative system for the staff, make clear job responsibilities and work rules, and regulate the staff members’ religious activities, social activities, and international communications. Religious organization staff include the president (chair, director), vice president (vice chair, deputy director), secretary-general (assistant director-general), deputy secretary-general (deputy assistant director-general), and office staff.
Article 31 Religious organizations should establish a system of job reporting and democratic evaluation for the president (chair, director), vice president (vice chair, deputy director), and secretary general (assistant director-general).
Article 32 Religious organizations should establish a system for learning, and organize their staff to learn about the major decisions of the Communist Party of China, national policies and regulations, the glorious traditional Chinese culture, and knowledge about religion.
Article 33: Religious organizations that provide internet religious information services should improve their administrative system and abide by the regulations on internet religious information services.
Article 34 Religious organizations should implement the national unified systems of finance, asset, and accounting, establish and improve systems of accounting, financial reporting, and financial disclosure, establish and improve financial administrative departments, recruit needed accountants, strengthen financial administration, and report regularly to the religious affairs department of the people’s government at or above the county level on the financial status, income and expenditure, donation management, etc., and publicize the information to the religious citizens in an appropriate manner.
Article 35 The legal representative of a religious organization, the person in charge of finance, and the person in charge of the financial department shall accept financial audits when his/her term of appointment ends, when he/she retires, or when he/she is reassigned to another position.
Article 36 Religious organizations shall sign up for tax registration and tax declaration in accordance with the law and receive tax benefits in accordance with state regulations.
Chapter V Legal Liability
Article 37 In the case of religious organizations that have a problematic administration or fail to perform duties in accordance with their own charter, the religious affairs department of the people’s government should speak to its president (chair, director). The latter will be publicly criticized and given a deadline for rectification, etc., if there are gross misconducts.
Article 38 Religious organizations that violate the provisions of national regulations on the administration of social organizations, and on religious affairs will be dealt with by the religious affairs department and the civil affairs department of the people’s government according to law. Religious organizations that violate other laws and regulations will be investigated and held legally liable for their acts.
Chapter VI Supplementary Provisions
Article 39 The State Administration for Religious Affairs alone is authorized to interpret these Measures.
Article 40 Issues not covered in these Measures shall be treated in accordance with relevant state regulations.
Article 41 These Measures will take effect February 1, 2020.
