Order of the State Administration of Religious Affairs
No. 15
The "Administrative Measures for Religious Professionals", which were reviewed and approved by the State Administration of Religious Affairs in accordance with the prescribed procedures on January 8, 2021, are hereby promulgated, and shall come into force on May 1, 2021.
Wang Zuoan
January 18, 2021
Measures for the Administration of Religious Professionals
Chapter 1 General Provisions
Article 1 In order to regulate the management of religious clerical personnel and protect the legitimate rights and interests of religious clerical personnel, these Measures are formulated in accordance with the "Regulations on Religious Affairs".
Article 2 The term "religious clerical personnel" as mentioned in these Measures refers to those who have obtained the qualifications of religious clerical personnel according to law and can engage in religious activities.
Article 3 Religious clerical personnel shall love the motherland, support the leadership of the Communist Party of China, support the socialist system, abide by the Constitution, laws, regulations and rules, practice the core socialist values, adhere to the principle of China's religious independence and self-governance, and adhere to China's religious direction, safeguard national unity, ethnic unity, religious harmony and social stability.
Article 4 Religious affairs departments conduct administrative management of religious clerical personnel in accordance with the law, protect the legitimate rights and interests of religious clerical personnel, guide religious groups, religious schools and religious activity sites to train and manage religious clerical personnel, and guide religious clerical personnel in promoting Play an active role in economic and social development.
Chapter II Rights and Duties of Religious Staff
Article 5 Religious personnel shall enjoy the following rights according to law:
(1) Presiding over religious activities and holding religious ceremonies;
(2) To engage in collating religious classics, conducting research on religious teachings and canons and religious culture;
(3) Engage in and receive religious education and training;
(4) Participate in the management of religious groups, religious schools, and religious activity venues where they belong, and assume corresponding positions in accordance with procedures;
(5) To carry out public welfare and charitable activities;
(6) Participate in social security and enjoy relevant rights;
(7) Other rights stipulated by laws, regulations and rules.
Article 6 Religious personnel shall perform the following obligations:
(1) To safeguard national interests and public interests, and carry out activities within the scope prescribed by laws, regulations and rules;
(2) Accept the legal management of the religious affairs department and other relevant departments;
(3) Abide by the rules and regulations formulated by religious groups, and accept the management of the religious groups, religious schools, and religious activity sites where they belong;
(4) Serve religious citizens and guide them to be patriotic and law-abiding;
(5) Maintaining the normal order of religious activities, resisting illegal religious activities and religious extremism, and resisting the infiltration of foreign forces using religion;
(6) To maintain and promote harmony between different religions, within the same religion, and between religious citizens and non-religious citizens;
(7) Other obligations stipulated by laws, regulations and rules.
Article 7 Religious clerical personnel should focus on improving their own quality, improving their cultural and moral literacy, studying the content of the teachings and canons that are conducive to social harmony, the progress of the times, and a healthy civilization, and integrating them into sermons and sermons, so as to promote the Sinicization of religion in China. effect.
Article 8 Religious clerical personnel publishing religious information on the Internet shall abide by the relevant provisions of the state on Internet information services.
Article 9 The income of religious clerical personnel shall be obtained in accordance with the provisions of laws, regulations, rules and policies, as well as the rules and regulations of religious groups.
Religious clerical personnel shall distinguish personal property from the property of religious groups, religious schools, and religious activity sites, and shall not appropriate, misappropriate, privately divide, destroy or arbitrarily dispose of the legal property of religious groups, religious schools, and religious activity sites.
Religious clerical personnel shall pay taxes in accordance with the law and handle tax declarations in accordance with the law.
Article 10: Religious clerical personnel who are responsible persons in religious groups, religious schools, and religious activity sites or who are engaged in financial-related work shall perform financial management duties in accordance with the relevant provisions of the state on finance, accounting, and asset management.
Article 11 Religious clerical personnel going out of the country to conduct religious exchanges shall go through the formalities in accordance with relevant state regulations.
Article 12: Religious personnel shall not conduct the following acts:
(1) Endangering national security and public security, advocating, supporting and financing religious extremism, undermining ethnic unity, splitting the country, conducting terrorist activities or participating in related activities;
(2) Interfering with the implementation of administrative, judicial, educational and other state functions;
(3) Under the domination of foreign forces, arbitrarily accepting the appointment of teaching posts by foreign religious groups or institutions, and other acts that violate the principle of religious independence and self-management;
(4) Accepting domestic and overseas donations in violation of relevant state regulations;
(5) Affect the normal production and life of citizens;
(6) Organizing, hosting or participating in unapproved religious activities held outside the venues of religious activities;
(7) Using public welfare and charitable activities to preach, preaching in schools and other educational institutions other than religious institutions, and other acts of preaching in violation of state regulations;
(8) Commercial propaganda in the name of religion;
(9) Other acts in violation of laws, regulations and rules.
Chapter III Qualifications of Religious Professionals
Article 13 Those who have obtained the qualifications for religious clerical personnel shall be recognized by the religious organization and reported to the religious affairs department for the record.
National religious groups shall formulate methods for the identification of religious clerical personnel of their own religion, specifying the title, identification conditions and procedures, etc. of religious clerical personnel, and the identification conditions shall include the content specified in Article 3 of these Measures. The measures for the identification of religious personnel formulated by national religious groups shall be reported to the State Administration of Religious Affairs for the record.
Religious groups shall identify religious clerical personnel in accordance with the methods for the identification of religious clerical personnel formulated by national religious groups.
Article 14 Religious groups shall, within 20 days from the date of identifying religious clerical personnel, fill out the religious clerical personnel filing form, report it to the religious affairs department for the record, and submit a copy of the household registration book and resident identity of the religious clerical personnel to be filed. Copy of certificate.
Religious clerical personnel recognized by national religious groups shall be reported to the State Administration of Religious Affairs for the record; religious clerical personnel recognized by religious groups in provinces, autonomous regions, and municipalities directly under the Central Government shall be reported to the religious affairs department of the people's government at the provincial level for record; Religious clerical personnel recognized by religious groups, shall be reported to the religious affairs department of the people's government at the city level for the record; religious clerical personnel recognized by a county (city, district, banner) religious group shall be reported to the religious affairs department of the county-level people's government for the record.
The format of the record form for religious personnel shall be formulated by the State Administration of Religious Affairs.
Article 15 The inheritance and succession of Tibetan Buddhist Living Buddhas shall be handled in accordance with the "Regulations on Religious Affairs", "Administrative Measures for the Reincarnation of Tibetan Buddhist Living Buddhas" and other relevant regulations.
Article 16 Catholic bishops shall be approved and ordained by the Chinese Catholic Bishops' Conference. The Patriotic Catholic Association of China and the Chinese Catholic Bishops' Conference shall, within 20 days after the bishop's ordination, fill in the Catholic Bishops' Recording Form, report it to the State Administration of Religious Affairs for the record, and submit the following materials:
(1) A photocopy of the bishop's household registration book and a photocopy of his resident ID card;
(2) A statement on the democratic election of the bishop issued by the Catholic organization of the province, autonomous region, or municipality directly under the Central Government;
(3) Approval letter of the Chinese Catholic Bishops' Conference;
(4) A statement of the ordination situation signed by the bishop presiding over the ordination.
The format of the registration form for Catholic bishops shall be formulated by the State Administration of Religious Affairs.
Article 17: Religious affairs departments shall, within 20 working days from the date of receipt of the filing materials submitted by religious groups, make a written reply, and those who fail to reply within the time limit shall be deemed to have handled the filing.
Article 18 Under any of the following circumstances, the recordation of religious personnel shall not be handled:
(1) Failure to identify in accordance with the methods for identifying religious clerical personnel formulated by national religious groups;
(2) The filing materials submitted are not true.
Article 19 After the religious affairs department handles the filing, it shall prepare a filing number for the religious personnel. The record number is coded with twelve digits and consists of six administrative division codes, one teaching alias and five serial numbers.
Article 20 : Religious groups shall issue religious clerical personnel certificates to religious clerical personnel who have completed the recordation, and shall not charge fees.
Religious clergy certificates apply nationwide. Religious groups and religious affairs departments shall not repeatedly identify or record religious clerical personnel.
Religious personnel certificates are printed by national religious organizations, and the certificates shall indicate the record number and validity period. Religious clerical personnel shall go through the extension procedures in a timely manner before the validity period of the certificate expires.
Article 21: If a religious cleric falls under any of the following circumstances, the religious group shall, in accordance with its management duties, go to the corresponding religious affairs department to go through the formalities for deregistration and recordation, and make an announcement in an appropriate manner:
(1) Being advised by the religious affairs department to disqualify religious personnel from religious groups according to law;
(2) Being disqualified as a religious cleric by a religious group in accordance with the relevant provisions of the religion;
(3) Losing the qualifications of religious personnel due to voluntary abandonment, death or other reasons.
Chapter 4 Main Teaching Positions in Religious Activity Sites
Article 22 The term "primary teaching posts at religious activity sites" as mentioned in these Measures refers to the religious teaching staff who preside over religious affairs at the religious activity sites.
National religious groups shall formulate measures for the appointment of the main teaching posts in the religious activity sites of their own religion, and stipulate the specific scope, conditions and procedures of the main teaching posts in the religious activity sites, etc., and the appointment conditions shall include the contents stipulated in Article 3 of these Measures. The measures for the appointment of major teaching positions in religious activity sites formulated by national religious groups shall be reported to the State Administration of Religious Affairs for the record.
Article 23 Religious clerical personnel who are to be appointed as the main teaching positions in religious activity sites shall, within ten days after the establishment of the main teaching positions in religious activity sites formulated by national religious groups, fill in the main teaching positions in religious activity sites for the record. Form, report to the religious affairs department for the record, and submit the following materials:
(1) A statement on the generation of persons to be employed;
(2) Copies of the household registration booklet, resident ID card and photocopies of religious personnel certificates of the persons to be employed.
Those who intend to serve as the main teaching posts in other religious activity sites shall also submit the cancellation filing materials of the main teaching posts in the resignation sites.
The format of the registration form for the main teaching positions in religious activity sites shall be formulated by the State Administration of Religious Affairs.
Article 24 : The religious affairs department shall, within 20 working days from the date of receipt of the filing materials submitted by the religious activity site, make a written reply, and if no reply is made within the time limit, the filing procedure shall be deemed to have been completed.
Article 25 Under any of the following circumstances, the filing of the main teaching posts at the religious activity site shall not be handled:
(1) The person to be appointed is not selected in accordance with the method for the appointment of main teaching positions in religious activity sites formulated by national religious groups;
(2) The person who intends to hold the post leaves the main teaching position in other religious activity venues without going through the cancellation and recordation procedures;
(3) The filing materials submitted are untrue.
Article 26 After the completion of the recordation procedures for the main teaching posts of a religious activity site, the site may hold the inauguration ceremony of the main teaching posts and formally assign responsibilities.
Article 27 The main teaching posts in religious activity venues are subject to a tenure system, with a term of three to five years. Those who intend to continue to hold the main teaching post after the expiration of the term shall be handled in accordance with the provisions of Article 23 of these Measures.
Article 28 When a religious cleric leaves his/her main teaching position at a religious activity site, the site shall go through the cancellation filing procedures in accordance with the appointment filing procedure, and submit the following materials:
(1) A statement on the decision by the management organization of the site to make the decision of the religious staff to leave the main teaching position of the religious activity site;
(2) A written opinion issued by the religious group where the venue is located.
Where a religious cleric who has left the main teaching position at a religious activity site also serves as the person in charge of the management organization or the person in charge of the financial management agency, the site shall also submit a report on the financial review of his departure.
Article 29 Under any of the following circumstances, the registration of the cancellation of the main teaching posts at the religious activity site shall not be processed:
(1) The site management organization fails to make a decision on the resignation of a religious cleric from the main teaching position of a religious activity site in accordance with the procedures stipulated in the Measures for the Appointment of the Main Teaching Position of the Religious Activity Site formulated by the national religious organization;
(2) Without the consent of the religious group where the venue is located;
(3) Religious clerical personnel who have resigned from the main teaching position of the site are also the person in charge of the management organization or the person in charge of the financial management organization of the site, and the site has not submitted a report on the financial review of their departure.
Article 30 : Religious clerical personnel can generally only hold the main teaching position in one religious activity site. If there is a real need, they can also serve as the main teaching post of a religious activity site.
To serve concurrently as the main teaching post at a religious activity site shall be approved by the religious organization in the county (city, district, or banner) where the proposed religious activity site is located. Departments shall report to the religious affairs department of the provincial people's government level by level for the record. For those who hold concurrent posts across provinces, autonomous regions, or municipalities directly under the Central Government, the religious affairs department of the provincial people's government where the religious activity site is to be held shall also solicit the opinions of the religious affairs department of the provincial people's government where the religious cleric is currently serving.
Article 31 : Religious clerical personnel serving as the main teaching posts at religious activity sites who fall under any of the following circumstances shall go through the formalities for cancellation of the filing in accordance with the procedures for the filing of appointments, and make an announcement in an appropriate manner:
(1) Losing the qualifications of religious personnel;
(2) Violation of laws, regulations, rules or the rules and regulations of religious groups and being revoked from the main teaching position at the religious activity site;
(3) Those who have not performed the main teaching duties at the religious activity site for more than one year or do not have the ability to normally perform the main teaching duties.
Chapter V Supervision and Management
Article 32: Religious affairs departments shall, in accordance with the law, perform the duties of filing religious clerical personnel and major clerical positions at religious activity sites, and instruct and supervise religious groups, religious schools, and religious activity sites to strengthen the management of religious clerical personnel.
Article 33: Religious affairs departments shall, in accordance with the principle of integrating management into service, strengthen the information management of religious personnel.
The State Administration of Religious Affairs shall establish a database of religious clerical personnel, and the religious affairs department of the local people's government shall provide and update the basic information, rewards and punishments, and cancellation and record-keeping of religious clerical personnel in a timely manner.
Article 34 If religious clerical personnel engage in religious affairs activities across provinces, autonomous regions, or municipalities directly under the Central Government, they shall obtain the consent of the religious groups in the provinces, autonomous regions, and municipalities directly under the Central Government where they are leaving and where they are going, and report to the religious affairs departments of the provincial people's governments in both places. for the record. Among them, those who have engaged in religious activities across provinces, autonomous regions, and municipalities directly under the Central Government for more than one year, the religious affairs departments of the provincial people's governments in the two places shall handle relevant information changes through the database of religious personnel. The management responsibilities of the religious clerical personnel are transferred to the corresponding religious affairs department and religious group in the place of migration.
The provinces, autonomous regions, and municipalities directly under the Central Government shall formulate relevant regulations according to the actual conditions for the management of religious clerical personnel engaging in religious and educational activities across counties and municipal administrative regions divided into districts.
Article 35 Religious groups shall formulate plans for the training of religious clerical personnel, strengthen political education, legal education, cultural education, and religious education for religious clerical personnel, and improve the overall quality of religious clerical personnel and the overall quality of religious clerical personnel. Quality.
National religious groups and religious groups in provinces, autonomous regions, and municipalities directly under the Central Government shall formulate rules and regulations for religious clerical personnel to study abroad.
Article 36: Religious groups shall regulate the management of religious clerical personnel certificates, and shall not issue certificates in violation of regulations, and shall not make profits by issuing certificates.
Article 37 Religious groups shall, in accordance with the Constitution, laws, regulations, rules and policies and actual work needs, establish and improve the rules and regulations for the management of religious clerical personnel within the scope of their business, formulate behavioral norms for religious clerical personnel, and improve religious clerical personnel. The personnel reward and punishment mechanism and the admission and withdrawal mechanism shall be punished accordingly to religious clerical personnel who violate laws, regulations, rules and the rules and regulations of the group.
Article 38: Religious groups shall formulate an assessment system for religious clerical personnel, conduct assessments on religious clerical personnel, and use the assessment results as an important basis for appointments, rewards and punishments, etc.
Article 39: Religious groups shall establish files of religious clerical personnel, improve the information sharing mechanism of religious clerical personnel in religious groups, religious schools, and religious activity sites, and regularly report changes to religious clerical personnel information to the religious affairs department.
Religious colleges and universities shall promptly report the information on the religious clerical personnel of the college to the religious organization that established the college.
Religious activity venues shall promptly report the relevant information of the religious personnel at the venue to the local religious organization and religious affairs department.
Article 40 : Religious colleges and universities shall adhere to the correct direction of running schools, improve the quality of running schools, and train high-quality religious teaching staff.
Article 41 : Religious activity sites shall strictly control the reception of religious personnel, verify their identities, and register them.
Religious activity sites shall not exceed the capacity and economic capacity of the site to accept religious personnel.
Article 42 Religious groups, religious schools, and places of religious activities shall establish and improve the management system for religious clerical personnel in their own groups, schools, and places, and strengthen the supervision and management of religious clerical personnel engaged in religious activities, accepting donations from home and abroad, etc. manage.
Article 43 Religious clerical personnel who hold the main teaching posts of religious activity sites shall perform their duties in the administration of religious affairs, accept the teaching affairs guidance of religious groups, obey the management of the religious activity site management organization, and accept the religious clerical personnel of the religious activity site where they are located. and the supervision of religious citizens.
Article 44: Religious affairs departments, religious groups, religious schools, and religious activity venues that receive reports of religious clerical personnel violating laws, regulations, rules, or religious group rules and regulations shall investigate and verify them, and deal with them in accordance with laws and regulations.
Article 45: Religious clerical personnel who believe that religious groups, religious schools, religious activity sites and their members have violated their legitimate rights and interests may report to the religious affairs department. The religious affairs department shall investigate and verify, and deal with it according to law.
Chapter VI Legal Liability
Article 46: Public officials who abuse their powers, neglect their duties, or engage in malpractices for personal gain in the management of religious personnel shall be punished according to law; if a crime is constituted, they shall be investigated for criminal responsibility according to law.
Article 47: Religious groups, religious schools, and religious activity sites that commit any of the following acts shall be ordered by the religious affairs department to make corrections, and those who refuse to make corrections shall be punished in accordance with Article 65 of the "Regulations on Religious Affairs":
(1) Failure to establish and improve the management system for religious clerical personnel;
(2) Failure to manage religious clerical personnel in accordance with the provisions of these Measures;
(3) Failure to identify or approve religious personnel in accordance with regulations;
(4) Religious activity sites fail to select the main teaching posts of religious activity sites as required;
(5) Religious groups fail to go through the filing formalities for religious clerical personnel in accordance with the provisions of these Measures, and religious activity sites fail to go through the filing formalities for the main clerical positions of religious activity sites in accordance with the provisions of these Measures;
(6) Failing to issue religious clerical certificates as required, or making profits by issuing certificates;
(7) Violating the lawful rights and interests of religious personnel;
(8) Other acts in violation of the relevant provisions of these Measures.
Article 48: Religious personnel who violate the relevant provisions of these Measures shall be punished in accordance with Article 73 of the Regulations on Religious Affairs and other provisions.
Article 49 Those who are dissatisfied with the administrative actions of the religious affairs department may apply for administrative reconsideration in accordance with the law; if they are dissatisfied with the decision of administrative reconsideration, they may file an administrative lawsuit in accordance with the law.
Chapter VII Supplementary Provisions
Article 50 : If the county (city, district, or banner) does not have a relevant religious group, the corresponding responsibilities stipulated in these Measures shall be performed by the religious group in the city (prefecture, prefecture, league) divided into districts.
Where a city divided into districts (prefectures, prefectures, and leagues) does not have relevant religious groups, the corresponding responsibilities shall be performed by religious groups in the provinces, autonomous regions, and municipalities directly under the Central Government.
Provinces, autonomous regions, and municipalities directly under the Central Government do not have relevant religious groups, and the corresponding duties shall be performed by national religious groups.
Article 51 The State Administration of Religious Affairs is responsible for the interpretation of these measures.
Article 52 These Measures shall come into force on May 1, 2021. In 2006, the "Measures for the Recordation of Religious Teaching Staff" and the "Measures for the Recordation of Main Teaching Positions in Religious Activity Sites" promulgated by the State Administration of Religious Affairs were repealed at the same time.
No comments:
Post a Comment