by the Law Library of Congress
(Nov. 9, 2017) On September 7, 2017, China’s State Council released a revised version of the Religious Affairs Regulations (Regulations), which will take effect on February 1, 2018; the Standing Committee of the State Council adopted the Regulations on June 14, 2017. (Zhonghua Renmin Gonghe Guo Guowu Yuan Ling Di 686 Hao: Zongjiao Shiwu Tiaoli [Decree No. 686 of the State Council of the People’s Republic of China: Religious Affairs Regulations] (Aug. 26, 2017), State Council website.) The Regulations are formulated with the stated goals of ensuring citizens’ freedom of religious belief, maintaining religious and social harmony, and regulating the administration of religious affairs. (Religious Affairs Regulations 2017, CHINA LAW TRANSLATE (unofficial translation) (limited access).) Compared to the last version of the Regulations, which were released in November 2004 and took effect in March 2005, the revised version has amended, added, and abridged several provisions on general principles, religious groups, religious schools, venues for religious activities, religious professionals, religious activities, religious assets, and legal responsibility (Regulations.)
General Principles
The Regulations specify in Chapter I that citizens are entitled to the right of freedom of religious belief. (Id.art. 2 ¶ 1.) In the revised Regulations, an article is added stating that the management of religious affairs should adhere to the principles of protecting legitimate religious activities, curbing and preventing illegal and extreme practices, resisting infiltration, and fighting crime. (Id. art. 3.) Another new article prohibits individuals and organizations from creating contradictions and conflict between different religions, within a single religion, or between religious and non-religious citizens; from advocating, supporting, or funding religious extremism; and from using religion to undermine ethnic unity, divide the nation, or carry out terrorist activities. (Id. art. 4.)
The Management of Religious Affairs
(1) Religious Groups and Schools
Under the revised Regulations, a new article asserts that religious groups are authorized to perform several functions, including assisting governments at all levels in the implementation of laws, regulations, rules, and policies; preserving the lawful rights and interests of citizens with religious beliefs; guiding the group’s religious affairs; formulating a system of rules and regulations for the group and supervising their implementation; engaging in religious cultural study; and carrying out religious education and training. (Id.art. 8.)
Article 9 of the revised Regulations states that only national religious groups and those in provinces, autonomous regions, and directly-governed municipalities may establish religious schools, select and send students of religion to study abroad, and receive students of religion from abroad. Other organizations or individuals do not have the right to set up religious schools, select students of religion to study abroad, or accept foreign students of religion. (Id. arts. 9 & 11.)
(2) Venues for Religious Activity
The revised Regulations specify that venues for religious activities include temples, churches, and other fixed places. Other religious gathering places should be determined by the religious affairs departments of province-level governments. (Id. art. 19.) In order to be established, a venue for religious activity must have the necessary funds from “legitimate sources.” The configuration of the venue should also meet the requirements of urban and rural planning. (Id. art. 20.)
Another new provision prohibits the construction of large, outdoor religious statues outside of temple and church grounds. (Id. art. 30.)
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