Regulations of Shanghai Municipality on Religious Affairs

(Adopted at the 23rd Session of the Standing Committee of the 10th Shanghai Municipal People’s Congress on November 30, 1995; amended for the first time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on Religious Affairs adopted at the 19th Session of the Standing Committee of the 12th Shanghai Municipal People’s Congress on April 21, 2005; amended for the second time in accordance with the Decision on Amending Eight Local Regulations Including the Regulations of Shanghai Municipality on Environmental Protection adopted at the 21st Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on June 18, 2015; revised at the 7th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on November 22, 2018）

Chapter I  General Provisions

Article 1

With a view to guaranteeing citizens' freedom of religious belief, maintaining religious and social harmony, regulating the administration of religious affairs, and raising the legalization level of religious work, these Regulations are formulated on the basis of the Regulations on Religious Affairs of the State Council and other relevant laws and administrative regulations and in the light of the actual circumstances of this Municipality.

Article 2

All citizens shall have the freedom of religious belief.

No organization or individual shall compel citizens to believe in or not to believe in any religion; nor may they discriminate against citizens with religious beliefs (hereinafter referred to as religious citizens) or citizens without religious beliefs (hereinafter referred to as non-religious citizens).

Religious citizens, non-religious citizens, and citizens with different religious beliefs shall respect each other and live in harmony.

Article 3

The administration of religious affairs shall adhere to the principles of “protecting legitimacy, stopping illegitimacy, containing the extreme, resisting penetration, and cracking down on criminals”.

Each religion shall adhere to the principles of “independence and self-governance”, and religious groups, religious colleges and universities, places for religious activities and religious affairs must not be dominated by foreign forces.

All religions shall adhere to the principles of “religion may not interfere with State administration, judicial administration, school education and social and public education”.

Article 4

The legitimate rights and interests and the normal religious activities of religious groups, religious colleges and universities, places for religious activities, priests of religions and religious citizens shall be protected by law.

Religious groups, religious colleges and universities, places for religious activities and religious citizens shall comply with the Constitution, laws, regulations and rules of China, follow the national guidelines and policies for religious work, and practice the socialist core values. No organization or individual may use religion to carry out illegal activities.

Article 5

The people's governments at all levels and sub-district offices in this Municipality shall strengthen the religious work, establish and perfect the mechanism of religious work, ensure the working force and necessary working conditions, coordinate in the administration of religious affairs, and provide public services for religious groups, religious colleges and universities, and places for religious activities.

The religious affairs department of the Shanghai Municipal People’s Government (hereinafter referred to as the MRAD) is the competent administrative department in charge of religious affairs in this Municipality and is responsible for the organization and implementation of these regulations. The religious affairs departments of the district people's governments (hereinafter referred to as the DRAD) are the competent administrative departments of religious affairs in their respective districts, and subject to the working direction of the MRAD.

Neighborhood committees and villagers’ committees shall cooperate with the government  in the administration of religious affairs in accordance with law.

Chapter II  Religious Groups

Article 6

The establishment, alteration and cancellation of religious groups shall be applied by the applicant to the MRAD or DRAD. The MRAD or DRAD shall, within 20 days from the date of accepting the application, put forward the examination opinions. If the application is approved, the applicant shall go to the civil affairs department at the same level for registration in accordance with the relevant State provisions on the administration of social organizations.

Article 7

Religious groups shall, subject themselves to the administration of relevant government departments in accordance with law, carry out their activities according to their own rules, assist the government in implementing the laws, regulations, rules and policies on religion.

Religious groups shall educate religious citizens in patriotism and the legal system, reflect the reasonable demands of religious citizens and safeguard their legitimate rights and interests of religious citizens.

Article 8

Religious groups shall establish and perfect their system of rules and regulations, regularize their religious activities, organize or assist the places for religious activities to carry out normal religious activities, guide religious colleges and universities, places for religious activities and priests of religions to adhere to the principle of independence and self-governance, resist the penetration of foreign forces by making use of religions, and resist the tendency of commercialization.

religious colleges and universities, places for religious activities and priests of religions shall abide by the rules and regulations formulated by religious groups.

Article 9

Religious organizations shall adhere to the direction of Chinese standardized religions, guide religions to adapt to the socialist society, carry out the religious ideological construction, and make interpretations of doctrines and canons that conform to the requirements of the development and progress of contemporary China and the excellent Chinese traditional culture.

Article 10

Religious groups shall strengthen the education and training of priests of religions, improve their comprehensive quality and enhance their national and civic awareness through education and training in religious colleges and universities, national education and short-term training.

Municipal religious groups may, according to their needs, send abroad theology students and receive religious students in accordance with regulations.

Chapter III  Religious Colleges and Universities

Article 11

The establishment, alteration, revocation and merger of religious colleges and universities shall be applied to the MRAD by the municipal religious groups, and the MRAD shall, within 30 days from the date of receipt of the application, put forward its opinions and submit them to the State Religious Affairs Department for examination and approval. If the application is approved, the legal person registration of religious colleges and universities may be applied for, altered or terminated in accordance with the relevant provisions.

Article 12

Religious colleges and universities shall perform the following duties:

1. educate and train students in school;

2. educate and train religious priests of religions, staff of religious groups and places for religious activities, and religious citizens; and

3. carry out religious academic research.

Article 13

Religious colleges and universities shall formulate enrollment rules and make clear enrollment conditions, and report to the municipal religious groups for approval.

The enrolment of theology institutions shall be based on the principle of voluntariness of the examinee, recommendation by local religious groups, and acceptance of those who have made a good enough score in the examination.

Article 14

In case of employing foreign professionals, the religious colleges and universities in this Municipality shall propose to the municipal religious groups an employment plan, which shall include the list of persons to be employed, the list of courses to be taught, the class hours and the duration of teaching, and provide relevant materials prescribed by the State.

The employment plan shall, upon the opinions of the municipal religious groups, be reported to the MRAD for examination. The MRAD shall issue an examination opinion within 20 days from the date of acceptance and report it to the State Religious Affairs Department. After the examination and approval by the State Department of Religious Affairs, religious colleges and universities shall go through the formalities with the administrative department for foreigners' employment in this Municipality.

Article 15

The municipal religious groups shall performance the main responsibility of school-running, define the training objectives of religious colleges and universities, guide them to formulate school-running rules and curriculum plans, consolidate necessary school-running funds and stable sources of funds, provide necessary teaching sites, facilities and equipment for carrying out teaching tasks, and provide necessary working and living support for full-time teachers in religious colleges and universities.

Article 16

Religious groups, and temples, Taoist temples, mosques, churches (hereinafter referred to as the TTMC) may carry out religion education and training in their own name outside religious colleges and universities. Religion education for the cultivation of priests of religions with a study period of more than three months shall be submitted to the DRAD for examination and approval. The DRAD shall make a decision of approval or disapproval within 20 days from the date of receiving the application. The decision of approval shall be submitted to the MRAD for the record within 10 days from the date of approval.

Chapter IV  Religious Activity Places

Article 17

The term “places for religious activities“ as mentioned in these Regulations refers to the TTMC and other fixed sites for religious activities legally registered in accordance with relevant State provisions and used by religious citizens for conducting religious activities in this Municipality.

The standards for distinguishing TTMC from other fixed sites for religious activities in this Municipality shall be formulated by the MRAD and reported to the State Religious Affairs Department for the record before being released to the public.

Article 18

The DRAD shall, according to the reasonable needs for religious activities of religious citizens within their respective administrative areas and the opinions of relevant religious groups, put forward its suggestion on the layout and setting up of places for religious activities. With the consent of the district people's government, the DRAD shall report it to the MRAD. The MRAD shall put forward its opinion upon an overall balance of the municipal situation, and the municipal and district planning administrative departments shall, after a unified consideration, include the suggestion in the corresponding urban and rural planning.

The religious affairs department shall regulate and guide religious groups to purchase, lease or other variety ways to solve the supplying problems of places for religious activities by various means like purchase or lease.

Article 19

In preparation for the establishment of places for religious activities, the religious group shall apply to the DRAD where the places for religious activities are set up. The DRAD shall, within 30 days from the date of receiving the application, make a decision on whether to approve or disapprove the application for the establishment of other fixed sites for religious activities; or, put forward examination opinions on the application for the establishment of TTMC, and report to the MRAD for examination and approval. The MRAD shall make a decision of approval or disapproval within 30 days from the date of receiving the materials submitted by the DRAD.

Places for religious activities shall, after the approval, preparation and construction, and in accordance with the relevant State provisions, apply to the local DRAD for registration and obtain the Registration Certificate for Places for Religious Activities. Those who fail to go through the registration formalities shall not carry out religious activities.

Non-religious groups cannot set up places for religious activities.

Article 20

The rebuilding or construction of new buildings in places for religious activities shall be subject to the consent of the local DRAD, and shall go through the planning, construction and other examination and approval procedures in accordance with the law.

The DRAD shall, within 20 days from the date of acceptance, make a decision on whether to approve or not to approve the rebuilding or construction of a new building without changing the existing layout and functions of the places for religious activities.

In case that the rebuilding or construction of new buildings shall change the existing layout and function of religious activity places, which belong to the TTMC, the DRAD shall, after its examination, report to the MRAD, and the MRAD shall make a decision of approval or disapproval within 20 days from the date of receiving of the materials; for those belonging to other fixed religious activity sites, the DRAD shall make a decision of approval or disapproval within 20 days from the date of acceptance.

Article 21

The places for religious activities that meet the conditions for registration as legal persons and with the consent of the municipal or district may register as legal persons with the local district civil affairs department upon the examination and approval of the DRAD.

Places for religious activities shall apply for the legal person registration under the name recorded in the Registration Certificate for Places for Religious Activities.

Article 22

Places for religious activities shall set up their management organization and carry out a democratic management.

The management organization of places for religious activities shall safeguard the legitimate rights and interests of the places for religious activities, and do the following work under the guidance of religious groups:

1. set up and perfect various management systems of the personnel, finance, assets, accounting, archives and public security, fire fighting, environmental protection, cultural relics preservation, health and epidemic prevention;

2. educate religious citizens to be patriotic and abide by the law and the management systems of places for religious activities; and

3. accept the guidance, supervision and inspection of the relevant government departments.

Places for religious activities shall submit a report on their management in the preceding year to the DRAD in their respective localities in the first quarter every year.

Article 23

Places for religious activities shall formulate contingency plan for emergencies and report the plan to the local DRAD for record.

In the event of a serious accident or violation of religious taboos or other events that hurt the feelings of religious citizens, undermine national unity and affect social stability, the places for religious activities shall initiate the emergency plan and immediately report to the local DRAD, public security and other relevant administrative departments.

Article 24

The establishment of commercial service outlets, exhibitions, film and TV shootings, and other activities in places for religious activities shall not hinder normal religious activities or hurt the religious feelings of religious citizens.

Article 25

Religious citizens who, have the need to carry out regular collective religious activities and do not yet have the conditions to apply for the establishment of a religious activity place, shall elect two or three representatives to apply to the DRAD for the designation of a temporary activity site in accordance with the provisions of the State. Religious citizens' representatives shall be registered residents or permanent residents of the district where the temporary activity site is to be set up.

The DRAD shall solicit the opinions of religious groups and the local township people's government or the sub district office before designating the temporary activity site; if necessary, the opinions of the surrounding residents and units may be heard through announcements, hearings, symposiums and/or other forms.

Article 26

Any organization or individual entering a place for religious activities shall abide by the regulations of the place for religious activities, respect the religious belief habits of religious citizens, and shall not conduct propaganda and debates among different beliefs or different religions or different factions of the same religion in the place for religious activities.

Chapter V  Priests of Religions

Article 27

Priests of religions may engage in religious routine activities after being qualified by the religious groups and reported to the religious affairs department for the record.

The religious affairs department may refuse to keep the record for those priests of religions who have not been qualified by the religious group or be found fraud in the filing materials.

Religious groups shall, in accordance with laws, regulations and the relevant provisions of the religion, strengthen the routine management of the qualified priests of religions.

Those who have not yet obtained or have been denied the qualification of priests of religions shall not engage in activities as priests of religions.

Article 28

In any of the following circumstances, the religious group that originally qualified the identity of the priests of religions shall go through the formalities for the cancellation of the record-filing with the original record-filing department:

1. the religious groups dismisses the qualification of the priest in accordance with laws, regulations and the relevant provisions of the religion;

2. the priest of religions renounces the qualification; and

3. other reasons that cause the loss of the qualification.

The religious affairs department shall, upon discovering any illegal acts of the priests of religions, suggest the religious groups to remove their qualification as priests of religions and go through the procedures for the cancellation of recording.

Article 29

For those non-Shanghai household registered priests of religions who have graduated from religious colleges and universities and have been stably engaged in major religious services in this Municipality for more than five years, they may, upon their own application, being recommended by their religious groups, religious colleges and universities or places for religious activities and verified by the MRAD, have their household registration moved into this Municipality in accordance with the relevant provisions.

Priests of religions may apply for the Shanghai Residence Permit and enjoy basic public services and facilities in accordance with the relevant provisions of this Municipality. Those who apply for points shall be handled in accordance with the relevant point administration provisions of the Shanghai Residence Permit.

Article 30

Priests of religions shall participate in social security and enjoy relevant rights in accordance with law. Religious groups, religious colleges and universities and places for religious activities shall, in accordance with provisions, handle the social insurance registration for priests of religions.

Chapter VI  Religious Activities

Article 31

Collective religious activities of religious citizens shall generally be held in legally registered places for religious activities, organized by places for religious activities, religious groups or religious colleges and universities, presided over by qualified and filed priests of religions or other personnel in accordance with the provisions of that religion, and carried out in accordance with the doctrines and canons.

Religious citizens may also hold collective religious activities in approved temporary sites.

Non-religious groups, non-religious colleges and universities, non-approved places for religious activities and non-approved temporary sites for religious activities shall not organize or hold religious activities or accept religious donations.

Article 32

In case that any large-scale cross-province, or autonomous region or municipality directly under the Central Government religious activities that exceed the capacity of the places for religious activities are going to be held, or any large-scale religious activities are going to be held outside the places for religious activities, the sponsoring religious groups or TTMC shall apply to the DRAD where the large-scale religious activities are to be held 30 days before the planned date. The DRAD shall, within 15 days upon the date of acceptance, make a decision of approval or disapproval after consulting the public security organ at the corresponding level. If an approval decision is made, the approval authority shall file it with the MRAD for the record.

Religious organs, and/or TTMC hosting the large-scale religious activities shall predict the attendance, assess the risks of the activities, and take corresponding safety precautions under the guidance of relevant administrative departments.

Article 33

Religious groups, religious colleges and universities and TTMC may compile and send out internal religious information publications. In case that there are needs of compiling and sending out internal religious information publications, the religious groups, religious colleges and universities and TTMC shall apply to the MRAD; and then, with the approval of the MRAD, apply to the municipal publishing administrative department for the Printing Permit.

Article 34

Places for religious activities may, at the request of religious citizens, hold religious ceremonies such as Taoist or Buddhist services, baptisms, wedding ceremonies, funeral ceremonies and other religious rituals.

Where places for religious activities are holding religious wedding ceremony ceremonies, the wedding couple must have already registered the marriage at the marriage registration authority.

Article 35

Religious activities must not disrupt public order, work order or life order.

No organization or individual may use religion to engage in illegal activities such as endangering national security, disrupting social order, damaging citizens' health, hindering the national education system and other activities that harm the interests of the State, the public interest and the legitimate rights and interests of citizens, nor may they preach outside the places for religious activities or the approved temporary sites for religious activities.

No activities that go against social morals or the doctrines of the religion can be practiced in places for religious activities.

Article 36

Internet religious information services shall, upon the examination and approval of the Religious Affairs Department of the Municipal People’s Government, go through the formalities in accordance with the relevant State provisions of the internet information service administration,.

The contents of the internet religious information service shall conform to the relevant laws, regulations, rules and the relevant provisions on the administration of religious affairs.

Chapter VII  Religious Property

Article 37

The religious property refers to the land lawfully used by religious groups, religious colleges and universities, places for religious activities, the houses, structures, facilities legally owned or used, as well as other lawful property and income.

The religious property shall be protected by law, and cannot be seized, looted, divided privately, damaged or illegally sealed up, detained, frozen, confiscated or disposed by any organizations or individuals.

Article 38

Religious groups, religious colleges and universities, places for religious activities shall report to the local religious affairs department on their financial status, income and expenditure, acceptance and use of donations, accept its supervision and administration, and publicize the above items to religious citizens in an appropriate way. Religious affairs departments shall share relevant management information with relevant departments.

Article 39

Cultural relics stored or used in Religious groups, religious colleges and universities, places for religious activities, or entrusted to their management and use by the State may not be given away as gifts or transferred without authorization. They may not be seized by any other units or individuals without authorization.

Article 40

In case a place for religious activities or a religious building is designated as a protected cultural relic unit, an outstanding historical building or a key protected religious unit of the municipal level or above, its protection scope and the construction control scope in its surrounding areas shall be defined by the relevant administrative departments in accordance with the relevant provisions of this Municipality. All construction activities within the scope of protection and control shall be conducted in compliance with relevant provisions.

In case the places for religious activities referred to in the preceding paragraph are used for other purposes, the opinions of the MRAD shall be solicited, and shall be approved or filed by the relevant administrative departments.

Article 41

In order to meet the needs of public interests, the expropriation of houses belonging to religious groups, religious colleges and universities, places for religious activities shall be carried out in accordance with the relevant State provisions on the expropriation of houses. Religious groups, religious colleges and universities, or places for religious activities may choose property rights exchange, rebuilding or monetary compensation.

If the expropriated houses in the places for religious activities belong to public houses for lease, the expropriation department shall properly resettle them and compensate them in accordance with relevant regulations.

Article 42

The real estate such as houses owned and land used by religious groups, religious colleges and universities, or places for religious activities shall be registered in accordance with the law. While the registration involved the change or transfer of land-use rights, the real estate registration authority shall solicit the opinions of the religious affairs department at the same level.

The houses and structures used for religious activities by religious groups, religious colleges and universities, places for religious activities and their affiliated houses for the daily life of the priests of religions shall not be transferred, mortgaged or used as physical investment.

Article 43

Religious groups and places for religious activities may, in accordance with the relevant State provisions, carry out business activities with the main purpose of self-support.

For the purpose of self-support, religious groups and places for religious activities may rent houses and structures not used for religious activities in accordance with relevant regulations.

Article 44

The property and income obtained by religious groups, religious colleges and universities, and places for religious activities from their business activities and donations shall be used for activities consistent with their purposes and public welfare, and shall not be used as a personal income.

Article 45

Religious groups, religious colleges and universities, places for religious activities, and priests of religions may carry out charitable activities in accordance with the law.

Religious groups, religious colleges and universities, and places for religious activities applying for the establishment of charitable organizations shall, upon examination and approval by the MRAD, register with the municipal civil affairs department. The MRAD may listen to the opinions of the municipal religious groups in the examination and approval process.

Religious groups, religious colleges and universities, places for religious activities, priests of religions and any other individuals or organizations shall not use charitable activities to preach.

Article 46

Any organization or individual who donates money to build a place for religious activities shall not enjoy the ownership and use right of the place for religious activities, shall not obtain economic benefits from the place for religious activities, and shall not interfere in the internal affairs of the place for religious activities.

It is forbidden to invest in or contract for the operation of places for religious activities or to build large outdoor religious statues, to use places for religious activities for commercial operations and obtain economic benefits, and to conduct commercial propaganda in the name of religion.

Chapter VIII  Religious Affairs Involving Foreigners

Article 47

Foreigners’ collective religious activities in this Municipality shall be held in the legally registered TTMC in this Municipality. If the TTMC do not have the conditions or no suitable TTMC is available, the activities may be held in temporary sites for foreigners’ collective religious activities permitted by the MRAD.

Article 48

Foreigners who plan to hold collective religious activities in the TTMC shall apply to the municipal religious groups by the convener.

The municipal religious groups shall, according to the application and the situation of the local TTMC, select the TTMC that provides the special services for foreigners to hold the collective religious activity, and upon the consent of the TTMC, file with the DRAD where the TTMC is located for the record.

The TTMC that provides the special services for foreigners' collective religious activity shall sign an agreement with the convener, specifying the time, mode, size of attendance, safety measures and other matters of the activity, and report the agreement to the DRAD where the TTMC is located for the record.

Article 49

Foreigners in this Municipality who apply for temporary sites for collective religious activities shall apply to the DRAD. The DRAD shall issue an examination and approval opinion and report it to the MRAD.  The MRAD shall make an examination and approval decision after soliciting the opinions of the municipal religious groups.

Article 50

The municipal religious groups may, in accordance with relevant provisions, invite foreigners who come to visit Shanghai as priests of religions to expound Buddhist sutras or give sermons in the places for religious activities of this Municipality.

Article 51

Foreigners who conduct religious activities in this Municipality shall abide by Chinese laws and regulations, and cannot organize religious groups, set up religious offices, or establish places for religious activities or religious colleges and universities. They cannot admit believers of religions among Chinese citizens, appoint priests, distribute religious propaganda materials or conduct other missionary activities.

Article 52

Religious groups or places for religious activities of this Municipality that are invited to go abroad for visits, or invite foreign religious organizations or personages to visit Shanghai shall go through necessary formalities in accordance with relevant provisions.

Article 53

Religious organizations and personages of this Municipality may carry out friendly contacts and cultural and academic exchanges with foreigners.

When carrying out friendly contacts and cultural and academic exchanges with foreigners, religious organizations and personages of this Municipality shall adhere to the principle of independence, mutual respect, non-interference in each other’ s affairs, equality and friendliness.

Article 54

No organizations may accept additional conditions on religion, when carrying out exchanges with foreign parties in the fields of economy and trade, culture, education, public health and physical culture.

Chapter IX  Legal Liabilities

Article 55

If any laws or regulations have provisions on the treatment of violation of the provisions of these Regulations, such provisions shall prevail.

Article 56

In case that religious groups, religious colleges and universities, or places for religious activities violate the provisions of laws, regulations and rules on social security, business management and publishing administration, the departments of human resources and social security, market supervision, and cultural administrative enforcement shall, in accordance with their respective responsibilities, investigate and deal with accordingly. The religious affairs department shall assist and cooperate.

Article 57

Those who use religion for such illegal activities as endangering public security, infringing upon citizens’ personal rights and/or democratic rights, jeopardizing the social order and encroaching upon public and/or private properties shall, if constitute a violation of public security administration, be subjected to the security administration punishment by the public security organ in accordance with the law; and if commit a crime, be prosecuted for criminal liabilities in accordance with law.

Article 58

State functionaries who abuse their power, neglect their duties or engage in malpractices for selfish ends in the administration of religious affairs shall be subjected to administrative sanctions in accordance with the law; those who commit crimes shall be prosecuted for criminal liabilities in accordance with law.

Chapter X  Supplementary Provisions

Article 59

Residents of Hong Kong Special Administrative Area, Macao Special Administrative Area and Taiwan Region shall observe the provisions of the State and relevant provisions of these Regulations when conducting religious activities in this Municipality.

Article 60

These Regulations shall be effective as of March 1, 2019.