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中华人民共和国境内外国人宗教活动管理规定实施细则 (Chinese and English Version)

信息来源: 发布日期: 2018-09-10浏览次数:

中华人民共和国境内外国人宗教活动管理规定实施细则

2000926日国家宗教事务局发布实施)

第一条 根据《中华人民共和国境内外国人宗教活动管理规定》,制定本实施细则。
 
第二条 中华人民共和国境内外国人(以下简称“境内外国人”)是指依照《中华人民共和国国籍法》的规定,在中国境内不具有中国国籍的人,包括在华常住人员和短期来华人员。
 
第三条 境内外国人宗教活动是指外国人在中国境内按照各自的宗教信仰习惯举行和参与的各种宗教仪式,与中国宗教社会团体、宗教活动场所和宗教教职人员所发生的宗教事务方面的联系,及其有关的各种活动。
 
第四条 中华人民共和国尊重在中国境内的外国人的宗教信仰自由,依法保护和管理境内外国人的宗教活动。
中华人民共和国依法保护境内外国人在宗教方面同中国宗教界进行的友好往来和文化学术交流活动。
 
第五条 外国人在中国境内可以根据自己的宗教信仰在依法登记的寺院、宫观、清真寺、教堂参加宗教活动。  
第六条 以宗教教职人员身份来访的外国人,经省、自治区、直辖市以上宗教社会团体邀请,可以在依法登记的宗教活动场所讲经、讲道。  
以其他身份入境的外国宗教教职人员,经省、自治区、直辖市以上宗教社会团体邀请,并经省级以上人民政府宗教事务部门同意,可以在依法登记的宗教活动场所讲经、讲道。 应邀在依法登记的宗教活动场所讲经、讲道的外国宗教教职人员,应该遵守该场所的管理规章,尊重该场所人员的信仰习惯。  
 
第七条 境内外国人集体进行宗教活动要在由县级以上人民政府宗教事务部门认可的经依法登记的寺院、宫观、清真寺、教堂,或在由省、自治区、直辖市人民政府宗教事务部门指定的临时地点举行。
境内外国人在临时地点集体进行宗教活动时,应由县级以上人民政府宗教事务部门负责管理。
 
第八条 外国人同中国宗教界的友好往来和文化学术交流活动、应通过省、自治区、直辖市以上宗教社会团体进行。  
第九条 凡在中国境内没有相应的合法的中国宗教组织的外国宗教组织及其成员,以宗教组织或宗教教职人员身份与中国政府有关部门或宗教界进行交往活动的,须经省级政府宗教事务部门同意后,报国家宗教事务局批准。
符合上款规定和海关有关规定的宗教用品入境,海关凭省、自治区、直辖市人民政府宗教事务部门或国家宗教事务局的证明予以放行。
 
第十三条 外国组织或个人向中国提供的以培养宗教教职人员为目的的出国留学人员名额或资金,由中国全国性宗教社会团体根据需要接受并统筹选派出国留学人员。
外国组织或个人不得在中国境内擅自招收以培养宗教教职人员为目的的出国留学人员。
 
第十四条 外国人到中国宗教院校留学,须符合《高等学校接受外国留学生管理规定》的有关规定,并经全国性宗教社会团体批准、向国家宗教事务局备案。
 
第十五条 外国人到中国宗教院校讲学,须根据《宗教院校聘用外籍专业人员办法》的规定办理。
 
第十六条 外国人在中国境内进行宗教活动,应当遵守中国的法律、法规。  
外国人不得干涉中国宗教社会团体、宗教活动场所的设立和变更,不得干涉中国宗教社会团体对宗教教职人员的选任和变更,不得干涉和支配中国宗教社会团体的其他内部事务。
外国人在中国境内不得以任何名义或形式成立宗教组织、设立宗教办事机构、设立宗教活动场所或者开办宗教院校、举办宗教培训班。
 
第十七条 外国人不得在中国境内进行下列传教活动:
(一)在中国公民中委任宗教教职人员;
(二)在中国公民中发展宗教教徒;
(三)擅自在宗教活动场所讲经、讲道;  
(四)未经批准在依法登记的宗教活动场所以外的处所讲经、讲道,进行宗教聚会活动;
(五)在宗教活动临时地点举行有中国公民参加的宗教活动,被邀请主持宗教活动的中国宗教教职人员除外;
(六)制作或销售宗教书刊、宗教音像制品、宗教电子出版物等宗教用品;

(七)散发宗教宣传品;
(八)其他形式的传教活动。
 
第十八条 国际性宗教组织、机构及其成员与中国宗教社会团体、宗教活动场所和宗教教职人员发生宗教事务方面的联系,及其有关活动,须事先向省级以上人民政府宗教事务部门提出申请,经同意后方可进行。
 
第十九条 境内外国人违反本细则进行宗教活动的,由县级以上人民政府宗教事务部门和其他有关部门依法予以制止。境内外国人违反本细则进行宗教活动,构成违反《中华人民共和国外国人入境出境管理法》、《中华人民共和国治安管理处罚条例》等法律法规的,由公安机关依法予以处理;构成犯罪的,由司法机关依法追究刑事责任。
 
第二十条 外国组织在中华人民共和国境内的宗教活动适用本细则。
 
第二十一条 本细则由国家宗教事务局负责解释。
 
第二十二条 本细则自发布之日起施行。


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

Department: State Administration for Religious Affairs

Promulgation date: 09-27-2000
Effective date: 09-27-2000

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 as those who are within Chinese territory without Chinese nationalities pursuant to the Nationality Law of the People’s Republic of China, including the long-term residing China personnel and the short-term visiting China personnel.
Article 3 Religious activities of aliens within Chinese territory are referred to as the religious ceremonies that aliens conduct or participate 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 lawfully registered Buddhist monasteries, Taoist temples, mosques, churches 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 the approval 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, 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 religious organizations within Chinese territory and their members must get the consent from the departments of religious affairs of the people’s governments at provincial level and the 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 Following consent by Chinese religious bodies, aliens within Chinese territory may invite Chinese religious personnel to conduct such religious ceremonies as baptism, wedding, funeral, Taoist or Buddhist rites according to each religious customs. Among these ceremonies, the aliens conducting wedding must be the male and female who have already set up marriage relationship in accordance with law.

The Chinese religious personnel are referred 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 matters, 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 to 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 International 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 with Chinese citizens at 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 propaganda 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 approval 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 the 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.

 

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