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1.Registration Procedures for Venues for Religious Activities 2.Regulations for the Implementation of the Law of Assembly, Procession and Demonstration of the People's Republic of China 3.Regulation Governing Venues for Religious Activities 4.Regulations Governing The Religious Activities of Foreign Nationals within China 5.Regulations Concerning Foreign Journalists and Permanent Offices of Foreign News Agencies
Registration Procedures for Venues for Religious Activities
(Promulgated May 1, 1994)
Article 1. These Procedures are formulated in accordance with Article 2 of the"Regulation Governing Venues for Religious Activities".
Article 2. The following conditions must be met to establish a venue for religious activity:
(1) There must be a fixed place and name;
(2) There must be citizens who are religious believers who regularly take part in religious activities;
(3) There must be a management organization composed of citizens who are religious believers;
(4) There must be professional clergy or persons who meet the requirements of the particular religious group to conduct religious services;
(5) There must be management regulations;
(6) There must be a legal source of income.
Article 3. At the time of application for registration, the venue for religious activity must provide the following documentation:
(1) An application form;
(2) Documentation and credentials related to the venue;
(3) The opinion of the village (or township) People's Government or of the city neighborhood committee.
Article 4. The head of the venue's management organization must submit the application for registration, together with the materials required under Article 3, to the Religious Affairs Department of the People's Government at the county level or above.
Article 5. Upon receipt of an application for registration and related materials, the Religious Affairs Department of the People's Government at the county level or above must make a decision on whether to consider the application within 15 days, on the basis of whether the materials are complete.
Article 6. The Religious Affairs Department of the People's Government at the county level or above will, within sixty days of the decision to consider the application, grant registration and issue a registration certificate to those venues which, based upon investigation and the opinions of related parties, comply with the regulations found in Articles 2 and 3 of these Procedures, and with related provisions in the "Regulation Governing Venues for Religious Activities". Venues which do not fully comply with the regulations will, upon review, be granted temporary registration or deferred registration or be denied registration.They will be notified in writing and given an explanation for the decision.
Article 7. Religious venues registered before the promulgation of these Procedures, must exchange their certificate; those which have not been registered should apply for registration according to these Procedures.
Article 8. If a religious venue closes, merges, moves or otherwise changes the terms which applied at the time of application, its management organization must apply for modification of the certificate to the original issuing body.
Article 9. According to the regulations of the "General Civil Law", legally registered venues for religious activities which qualify as juridical persons and which at the same time apply to register as juridical persons, will be issued a certificate of registration as juridical persons. According to the law, a religious venue as a juridical person independently enjoys civil rights and takes on civil responsibilities.
Article 10. A venue's certificate of registration and certificate of registration as a juridical person, cannot be changed, transferred or lent. If the certificate is lost, the venue should report its loss promptly to the original issuing body and apply for a replacement.
Article 11. Upon being granted registration, a venue for religious activity must submit an annual management report to the Religious Affairs Department of the government during the first quarter of each year.
Article 12. The certificate of registration for venues of religious activities and related forms will be uniform and will be issued by the Religious Affairs Bureau of the State Council.
Article 13. Matters not regulated by these Procedures follow the "Regulation Governing Venues for Religious Activities".
Article 14. Interpretation of these Procedures is the provenance of the Religious Affairs Bureau of the State Council.
Article 15. These Procedures take effect from the date of promulgation.
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Regulations for the Implementation of the Law of Assembly, Procession and Demonstration of the People's Republic of China
(Promulgated June 1992)
Table of Contents:
Chapter 1. General Principles
Chapter 2. Application and Approval of Assembly, Procession and Demonstration
Chapter 3. The Staging of Assemblies, Processions and Demonstrations
Chapter 4. Legal Responsibility
Chapter 5. Supplementary Articles
Chapter 1. General Principles
Article 1. These regulations have been formulated on the basis of the ''Law of Assembly, Procession and Demonstration of the People's Republic of China'' (hereafter referred to as ''Law of Assembly, Procession and Demonstration'').
Article 2. People's governments at all levels should protect, according to law, citizens' right to assembly, procession and demonstration; safeguard social stability and public order; and ensure that legitimately-conducted assemblies, processions and demonstrations are not hindered by anyone through violence, coercion or other illegal means.
Article 3. Outdoor public places referred to in Article 2 of the ''Law of Assembly, Procession and Demonstration'' denote any outdoor public places to which the public has free access or may enter by presenting a ticket, but they do not include internal outdoor places managed by party and government organizations, mass organizations, enterprises and institutions. Public passages referred to in the article denote all roads and waterways, with the exception of special exclusive roads of party and government organizations, mass organizations, enterprises and institutions.
Article 4. Recreational and sports activities and legitimate religious activities, as well as traditional and conventional activities, shall be managed by people's governments at various levels or by departments concerned in accordance with the relevant laws, regulations and provisions of the state.
Article 5. The weapons referred to in Article 5 of the ''Law of Assembly, Procession and Demonstration'' denote all firearms, ammunition and other instruments that can inflict injury upon the human body; controlled cutting tools refers to daggers, double-edged knives, spring-loaded knives and other cutting tools controlled according to law; and explosives denote all explosive materials that can explode and cause injury to people and destroy things instantaneously.
The weapons, controlled cutting tools and explosives referred to in the above paragraph shall not be carried by anyone holding an assembly, procession or demonstration, nor shall they be transported to the site of an assembly, procession or demonstration.
Article 6. Traffic order and public order should be maintained during any activities which, according to Article 2 of the ''Law of Assembly, Procession and Demonstration'', require no prior request for approval.
Article 7. Assembly, procession or demonstration falls under the jurisdiction of local city or county public security bureaus or urban public security sub-bureaus.
A procession or demonstration falls under the jurisdiction of the municipal or city public security bureau or the public security department of the agency of a provincial or autonomous regional people's government if its route passes through two or more districts or counties in a municipality, city or site of the agency of a provincial or autonomous regional people's government; it falls under the jurisdiction of the provincial or autonomous regional public security department if its route passes through two or more cities or sites of the agency of provincial or autonomous regional people's government; and it falls under the jurisdiction of the Ministry of Public Security or the provincial, autonomous regional or municipal public security organ empowered by the Ministry of Public Security if its route passes through two or more provinces, autonomous regions or municipalities.
Chapter 2. Application and Approval of Assembly, Procession and Demonstration
Article 8. Any assembly, procession or demonstration must have a responsible individual.
The following individuals are not qualified to be the responsible individual of an assembly, procession or demonstration
(1) an individual of incompetence or limited competence;
(2) an individual serving a sentence;
(3) an individual undergoing re-education through labour; and
(4) an individual whose personal freedom is being restricted under compulsive measures of the criminal law or other legal provisions.
Article 9. The individual responsible for staging an assembly, procession or demonstration shall submit in person a written application to the competent public security organs, as stipulated in Article 7 of these regulations.
Competent public security organs shall not entertain any application not submitted in written form, personally, by the responsible individual.
The responsible individual of an assembly, procession or demonstration shall produce his own resident identity card or other valid papers and fill out application registration forms accurately when submitting his written application.
Article 10. Upon receiving an application for staging an assembly, procession or demonstration, the competent public security organs shall promptly conduct investigations and then deliver a written decision, within a certain legal time limit, stating whether or not permission has been granted. The written decision shall contain a clear description of what has been approved and provide reasons for denying permission.
The written decision shall be delivered to the relevant responsible individual two days before the staging of any assembly, procession or demonstration, and the responsible individual shall affix his signature on the notice delivered to him. If the responsible individual refuses to sign for the receipt of the notice, the person delivering the notice shall ask representatives of grassroots organs from relevant areas or other people to serve as witnesses and to be present at the site to provide explanations concerning the situation.
The reasons for refusing the notice and relevant date shall be clearly indicated on the notice and the signatures of the witnesses and the delivery person affixed to it. The notice on the decision shall be left at the residence of the responsible individual and regarded as having been delivered.
If delivery is not possible because the responsible individual of the assembly, procession or demonstration fails to appear at a specific time and location agreed upon earlier for the delivery of the notice, the application shall be regarded as having been voluntarily retracted. If competent public security organs fail to deliver the notice at the appointed time and location, permission shall be regarded as being granted.
Article 11. If an applicant requests efforts to find solutions to specific issues concerning the staging of assemblies, processions or demonstrations, the competent public security organs shall serve the ''Notice for Consultations To Find Solutions to Specific Issues'' on the responsible individual of the assembly, procession or demonstration, as well as on the relevant organs or units, within two days of the receipt of the application. When required, notices shall be delivered simultaneously to competent departments above the relevant organs or units. Relevant organs or units and the responsible individual applying to stage the assembly, procession or demonstration shall begin consultations within two days from the second day of the receipt of the ''Notice for Consultations To Find Solutions to Specific Issues''. Upon reaching an agreement, responsible individuals from the two consulting parties shall affix their signatures on the letter of agreement and relevant organs or units shall promptly send the letter to the competent public security organs.
In the case of an applicant insisting on staging an assembly, procession or demonstration when an agreement cannot be reached or when consultations fail to begin within two days from the second day of the receipt of the ''Notice for Consultations To Find Solutions to Specific Issues'', relevant organs or units shall promptly notify the competent public security organs. In such cases, the competent public security organs shall promptly decide whether or not permission shall be granted according to the procedure stipulated in Article 10 of these regulations.
If one or both parties which has or have been served with the notice for consultations to solve specific issues by competent public security organs is or are in other parts of the country, the day marking the start of the delivery of and the time spent on the journey to deliver the ''Notice for Consultations To Find Solutions to Specific Issues'', the notice on the agreement produced after consultations by both parties or the notice served after failure to reach an agreement shall not be included in the legal time limit.
Article 12. Article 15 of the ''Law of Assembly, Procession and Demonstration'' stipulates that a citizen shall not launch, organize or participate in assemblies, processions or demonstrations staged by citizens of cities outside his residential area. The residential area stated in the article refers to the location of a citizen's registered permanent residence or the place where the citizen has resided continuously for not less than half a year after he has registered for temporary residence with the residence registration organ at his temporary residential site.
Article 13. After receiving an application for holding a rally, procession or demonstration, the competent public security organs, in deciding to approve the application, may change the time, venue and routes for holding the scheduled rally, procession or demonstration and they should promptly notify the organizers of the scheduled rally, procession or demonstration of the changes, if one of the following conditions applies
(1) a rally, procession or demonstration is scheduled to be held during rush hours, which may cause a prolonged and serious traffic jam;
(2) construction work is under way at the venue or along the route of the scheduled rally, procession or demonstration;
(3) the venue is at a ferry crossing, railroad crossing or an area neighbouring national borders (frontiers) ;
(4) motor vehicles to be used fail to meet road maintenance regulations;
(5) a major state event is to be held at the same time or at the same venue as the scheduled rally, procession or demonstration;
(6) the time, venue or route of the scheduled rally, procession, or demonstration has already been reserved for another rally, procession or demonstration.
In approving an application for holding a rally, procession or demonstration, competent public security organs, if they deem it necessary to change the time, venue or route of a rally, procession or demonstration, should indicate so in the letter of approval.
If natural disasters or public order disasters occur at the venue or on the route of a scheduled rally, procession or demonstration after an application has been approved, and if rescue work is still going on and normal order cannot be restored before the scheduled rally, procession or demonstration is to be held, the competent public security organs may change the time, venue or route approved for the scheduled rally, procession or demonstration;
however, they should forward a ''letter of decision on changing matters concerning the holding of a rally, procession or demonstration'' to the organizers of the scheduled rally, procession or demonstration before the day it is scheduled.
Article 14. If the organizers of a rally, procession or demonstration want to petition against a competent public security organ's decision of disapproval, they may apply within three days after they receive the letter of disapproval to a people's government at the same level for a reexamination of the case. Within three days after the application for re-examination is received, the people's government should decide whether to maintain or overrule the competent public security organ's decision and forward a ''letter of decision on the reexamination of an application for the holding rally, procession or demonstration'' to the organizers of the scheduled rally, procession or demonstration, with a copy of the letter sent to the competent public security organ. The re- examination decision made by the people's government must be carried out by the competent public security organ and the organizers of the scheduled rally, procession or demonstration.
Article 15. If organizers of a rally, procession or demonstration decide to withdraw their application before they receive a notice from a competent public security organ, they should promptly go to the competent public security organ to complete the paperwork for the application's withdrawal.
If organizers of a rally, procession or demonstration decide not to hold a scheduled rally, procession or demonstration after they have received an approval notice from a competent public security organ or approval from a people's government after the case has been reexamined, they should return the letter of approval or the letter of decision of reexamination to the competent public security organ or the people's government before the scheduled rally, procession or demonstration is held.
Article 16. In submitting an application for holding a rally, procession or demonstration in the name of a state organ, civic group, enterprise or institution organizers should also submit supporting documents signed and officially stamped by a responsible individual of the concerned state organ, civic group, enterprise or institution.
Chapter 3. The Staging of Assemblies, Processions and Demonstrations
Article 17. In the light of practical needs, public security agencies shall send people's police to maintain order and to ensure the smooth progress of assemblies held in accordance with the law.
In cases where processions and demonstrations are staged according to law, people's police charged with maintaining order shall direct traffic and prevent other people from disturbing or disrupting the processions and demonstrations along the routes or at the sites approved by competent public security agencies for the processions and demonstrations. If necessary, they may display flexibility and apply relevant provisions in traffic rules to ensure the smooth progress of processions and demonstrations.
Article 18. People's police tasked with maintaining traffic and public order shall be subject to the unified command of on-site responsible personnel designated by competent public security agencies. Such responsible personnel shall maintain contact with the people in charge of an assembly, procession or demonstration.
Article 19. On-site personnel in charge of people's police have the right to decide upon an alternative route for a procession on an ad hoc basis if unexpected natural disasters, traffic accidents or other public security contingencies occur at some section of the route ahead of the procession. The same is true if a serious conflict or commotion erupts among paraders or between the paraders and onlookers or if an unexpected situation arises that prevents the paraders from proceeding along the approved route.
Article 20. Temporary security lines formed by competent public security agencies shall be clearly indicated.
Barricades shall be erected if necessary.
Article 21. As mentioned in Article 23 of the ''Law of Assembly, Procession and Demonstration'' the distances from sites designated as off-limits to assemblies, processions and demonstrations refer to those extending from buildings at the above-mentioned sites; if the buildings are enclosed by retaining walls or railings, the distances refer to those extending from the walls or railings. Provincial, autonomous regional and municipal people's governments shall stipulate and declare the specific distances from sites designated as off-limits to assemblies, processions and demonstrations.
Distances from sites that are off-limits to assemblies, processions and demonstrations as stipulated by provincial, autonomous regional and municipal people's governments shall be specified in such a way as to facilitate the maintenance of safety and order at the aforesaid sites, as well as to facilitate the staging of legitimate assemblies, processions and demonstrations.
Article 22. People in charge of an assembly, procession or demonstration must maintain order and shall stop other people from joining the assembly, procession or demonstration. If the latter ignore the caveat, they shall immediately inform the people's police personnel maintaining order on the scene. The people's police shall stop those people after they are advised of the situation.
Samples of badges to be worn by personnel appointed by the people in charge of an assembly, procession or demonstration to assist the people's police in maintaining order shall be forwarded to competent public security agencies before the day when the assembly, procession or demonstration is staged.
Article 23. People's police have the right to put an immediate stop to any illegal assembly, procession, demonstration or incident that endangers public security or seriously disrupts social order, during an assembly, procession or demonstration as stipulated in Article 27 of the ''Law of Assembly, Procession and Demonstration''.
They shall order the crowd to disperse if their warning is ignored. Through the use of a loudspeaker or by shouting, they shall advise people on the scene to leave the area through designated passages within a specified time. If the people do not leave the area within the specified time, personnel in charge of people's police on the scene have the right to forcibly disperse the crowd by issuing warnings or by resorting to other police means in accordance with relevant state regulations. They may lead away or immediately detain those people who remain on the scene.
Chapter 4. Legal Responsibility
Article 24. Those resisting or obstructing police who are maintaining traffic order or public order according to law shall be punished in accordance with provisions of the regulations governing offences against public order. Those whose offences constitute a crime shall be investigated for criminal responsibility.
An offence that is in violation of Article 5 of these regulations but does not yet constitute a crime shall be punished in accordance with provisions of the regulations governing offences against public order.
Article 25. Where criminal responsibility shall be investigated in accordance with Articles 29 and 30 of the ''Law of Assembly, Procession and Demonstration'', the public security organs in the locality concerned shall carry out the proceedings in accordance with the provisions of the Criminal Procedure Law.
Article 26. The public security organs shall question those who are detained in accordance with Article 33 of the ''Law of Assembly, Procession and Demonstration'' within 24 hours. When a person needs to be sent back by force to the place he is from, the public security organs in the locality where the offence has taken place shall draft a ''decision on forced return'' and assign people's police to carry it out. The people's police personnel responsible for enforcing the decision shall escort the person to the place he is from and hand him over, together with the ''decision on forced return'', to the public security organs in that locality for legal proceedings.
Article 27. Where a person is to be punished in line with Articles 28 and 30 of the ''Law of Assembly, Procession and Demonstration'' and Article 24 of these regulations for an offence against public order, the punishment shall be decided and carried out by the public security organs in the locality where the offence has taken place in accordance with the procedure prescribed in the regulations governing offences against public order. If the person concerned finds the decision of punishment unacceptable, he may submit an application for reconsideration of the decision. If the person concerned finds the decision reached after reconsideration by a public security organ at a higher level unacceptable, he may file suit in the people's court in accordance with the law.
Article 28. Those who are forcibly removed from the scene or immediately detained in accordance with Article 27 of the ''Law of Assembly, Procession and Demonstration'' shall be questioned within 24 hours by public security organs. Those who do not need to be investigated for criminal responsibility may be released after signing a written statement of repentance. Those who are to be investigated for criminal responsibility shall be handled in accordance with relevant regulations.
Article 29. Where there is damage to public or private property or infringements upon others which result in injury or death during the course of an assembly, procession or demonstration, those concerned shall be held responsible for the losses. Where the regulations governing offences against public order are applicable, public security organs in the locality where the offence has taken place shall decide the amount of compensation or responsibility for medical expenses. When a crime is committed, the victim may file a supplementary civil suit during the criminal procedure process.
Chapter 5. Supplementary Articles
Article 30. These regulations shall also apply to assemblies, processions and demonstrations held by foreigners within the territory of China.
When foreigners want to participate in an assembly, procession or demonstration held by Chinese citizens, the responsible individual of the assembly, procession or demonstration shall clearly state this in the application.
Without the expressed approval of the competent pubic security organs, they will not be allowed to participate.
Article 31. Measures for implementing the ''Law of Assembly, Procession and Demonstration'' adopted by the standing committees of the various provincial, autonomous regional and municipal people's congresses are applicable in their respective regions. In the case of any conflict between such measures and these regulations, these regulations shall prevail.
Article 32. The right to interpret specific questions in the application of this law resides with the Ministry of Public Security.
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Regulation Governing Venues for Religious Activities
(Promulgated by Decree No. 145 of the State Council, signed by Premier Li Peng, January 31, 1994)
Article 1. In order to protect normal religious activities, safeguard the legal rights of venues for religious activities and facilitate the management of venues for religious activities, the following regulations have been formulated in conformity with the Constitution.
Article 2. For the purposes of this regulation, "venues for religious activities" refers to onasteries, temples, mosques, churches and other fixed venues.
Registration is required for the establishment of a venue for religious activities. The registration procedure will be decided by the Religious Affairs Bureau of the State Council.
Article 3. The management of venues for religious activities will be undertaken by the venue's own management team. Its legal rights and the normal religious activities which take place there will be under the protection of law and no organization or person will be permitted to transgress or interfere.
Article 4. Venues for religious activities should set up a management system. Religious activities undertaken in these venues should comply with the laws and regulations. No person shall be permitted to make use of any such venue to undertake activities which harm national unity, ethnic unity, or the social order, harm citizens' health or obstruct the national educational system.
Venues for religious activities shall not be controlled by persons or organizations outside China.
Article 5. Persons normally resident in venues for religious activities or those temporarily resident must comply with State regulations on household registration.
Article 6. Venues for religious activities may accept from their adherents voluntary offerings of alms, donations, and contributions.
In accepting donations from persons and organizations outside China, venues for religious activities shall act in accordance with relevant regulations.
Article 7. Within their premises, venues for religious activities may, complying with relevant State regulations, offer for sale religious articles, artworks and publications.
Article 8. The property and income of a religious venue shall be subject to management and use by the venue's management team and shall not be held or gratuitously transferred to any other unit or person.
Article 9. The closing or merger of religious venues should be recorded with the registration organization and its property dealt with according to the relevant State regulations.
Article 10. The land, mountains, forests or buildings administered by a religious venue should be documented in compliance with relevant State regulations by the management team of the venue or the religious body to which it is subject.
The State may requisition land, mountain and forest land, buildings and so on managed and used by a religious venue in compliance with the "PRC Property Administration Law" and other relevant State regulations.
Article 11. Relevant units or persons who, within the premises of a venue administered by a religious venue, build or renovate buildings, set up commercial or social service enterprises or hold a display or exhibition or make films or television programs, etc., are required to secure the permission of the management team of the religious venue in question and that of the Religious Affairs Bureau of the People's Government at or above county level before applying to the departments concerned.
Article 12. Religious venues which have been listed as protected cultural relics or which are located in scenic areas must comply with the stipulations of relevant laws and regulations on administering and protecting cultural relics and the environment and must accept the guidance and supervision of departments concerned.
Article 13. The Religious Affairs Bureau of the People's Government at or above the county level shall undertake guidance and supervision in the administration of these regulations.
Article 14. If a religious venue violates the stipulations of this regulation, the Religious Affairs Bureau of the People's Government at or above county level may apply penalties according to the seriousness of the case, issue a warning, halt activities, or rescind registration. If the case is especially serious, it may be submitted to the corresponding level of the People's Government, which may ban the venue.
Article 15. If violation of the stipulations of this regulation constitute an act in violation of public security, the public security organs shall mete out penalties in accordance with the relevant regulations of the "PRC Public Security Administration Penal Code"; if the violation constitutes a criminal act, the judiciary shall undertake an investigation to determine criminal responsibility.
Article 16. If the parties concerned decide not to comply with administrative methods (of dealing with the case), they may, in compliance with relevant laws and regulations, apply for administrative reconsideration or institute administrative litigation.
Article 17. If a violation of these regulations involves infringement of the legal rights of a religious venue then the Religious Affairs Bureau of the People's Government at the country level or above will ask the People's Government at the corresponding level to put a halt to this infringement of rights; if the violation constitutes an economic loss, the losses should be made good in compliance with the law.
Article 18. The People's Government at the provincial, autonomous region and municipality level may, in compliance with this regulation, formulate practical measures on the basis of local realities.
Article 19. Interpretation of this regulation lies with the Religious Affairs Bureau of the State Council.
Article 20. This article takes effect on the date of issue.
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Regulations Governing The Religious Activities of Foreign Nationals within China
(Promulgated by Decree No. 144 of the State Council, signed by Premier Li Peng on January 31, 1994)
Article 1. This regulation is formulated in conformity with the Constitution in order to protect the freedom of religious belief of foreign nationals in China and to safeguard the public interest.
Article 2. The People's Republic of China respects the religious freedom of foreign nationals in China and protects friendly visits, cultural and scholarly exchanges and other such religious activities between foreign nationals and religious circles in China.
Article 3. Foreign nationals may participate in religious activities in religious venues in China, including monasteries, temples, mosques and churches; and, at the invitation of a religious body at or above the provincial, autonomous region or municipality level, may discuss the scriptures and preach.
Article 4. Foreign nationals may hold religious activities for other foreign nationals at venues recognized by the Religious Affairs Bureaus of the People's Government at or above the county level.
Article 5. Foreign nationals in China may request Chinese clergy to perform religious rites such as baptisms, marriages, funerals, and Taoist and Buddhist rituals.
Article 6. When foreign nationals enter China, they may carry printed materials, audio and visual materials and other religious items for their own use; if these are brought in quantities which exceed those for personal use, such items will be dealt with according to the relevant Chinese customs regulations.
Religious publications and religious audio and visual materials whose content is harmful to the public interest are forbidden.
Article 7. Foreign nationals recruiting students within China for overseas religious studies or who come to China to study or teach in Chinese religious educational institutions are subject to the relevant Chinese regulations.
Article 8. Foreign nationals who engage in religious activities in China must respect Chinese laws and regulations. They are not permitted to establish religious organizations, liaison offices, and venues for religious activities or run religious schools and institutes within China, they are not allowed to recruit believers among the Chinese citizenry, appoint clergy or undertake other evangelistic activities.
Article 9. The Bureaus of Religious Affairs at or above the county level or other offices concerned should act to dissuade and put a stop to religious activities of foreign nationals which violate this regulation. If the violation constitutes an immigration offence or a matter of public security, the public security organs will dispense penalties according to the law; if the violation constitutes a crime, the judiciary will investigate to determine where criminal responsibility lies.
Article 10. This regulation will be applied to the religious activities of foreign nationals within China.
Article 11. The religious activities in mainland China of Chinese citizens residing overseas, or residents of Taiwan, Hong Kong and Macao will be subject to this regulation.
Article 12. Interpretation of this regulation will lie with the Religious Affairs Bureau of the State Council.
Article 13. This regulation takes effect from the date of promulgation.
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Regulations Concerning Foreign Journalists and Permanent Offices of Foreign News Agencies
(Adopted by the State Council at the 53rd Executive Meeting on January 11, 1990, promulgated by Decree No. 47 of the State Council of the People's Republic of China on January 19, 1990 and effective as of the date of promulgation)
Article 1. These Regulations are formulated for the purpose of promoting inter- national exchanges and the dissemination of information, regulating the activities of foreign journalists and permanent offices of foreign news agencies within the territory of China and facilitating their journalistic work.
Article 2. The present Regulations shall apply to resident foreign correspondents, foreign reporters for short-term news coverage (hereinafter both referred to as foreign journalists) and permanent offices of foreign news agencies.
Resident foreign correspondents refer to the professional journalists dispatched by foreign news agencies, in accordance with these Regulations, to be stationed in China for a period of more than 6 months for news coverage and reporting. Foreign reporters for short-term news coverage refer to the professional journalists who come to China and stay for a period not exceeding 6 months for news coverage and reporting in accordance with these Regulations.
Permanent offices of foreign news agencies refer to branch offices composed of one or more staff members and established within the territory of China by foreign news agencies for news coverage and reporting in accordance with these Regulations.
Article 3. The Government of the People's Republic of China shall protect according to law the legitimate rights and interests of foreign journalists and of the permanent offices of foreign news agencies and provide them with facilities for their normal journalistic activities. Foreign journalists and permanent offices of foreign news agencies must abide by the laws and regulations of the People's Republic of China.
Article 4. The Ministry of Foreign Affairs of the People's Republic of China (hereinafter referred to as the Foreign Ministry) is the competent authority in charge of the affairs concerning foreign journalists and the permanent offices of foreign news agencies in China.
Article 5. A foreign news agency wishing to send a resident correspondent to China shall file an application with the Information Department of the Foreign Ministry (hereinafter referred to as the Information Department). The application must be signed by the head of its headquarters and contain the following particulars, with necessary papers attached thereto:
(1) basic facts about the news agency;
(2) the name, sex, age, nationality, position, curriculum vitae and the place of intended residence of the correspondent to be sent; and (3) the professional correspondent certificate of the correspondent.
If one resident correspondent is to be sent by two or more foreign news agencies, these agencies shall submit separate applications according to the procedures as stipulated in the preceding paragraph and indicate in their respective applications the posts held concurrently by the said correspondent.
Article 6. Upon approval of the application, the resident foreign correspondent to be sent shall, within 7 days of his/her arrival in China, register with the Information Department on presentation of an appointment letter signed by the head of the headquarters of the relevant news agency and his/her passport, and obtain the Foreign Journalist Identity Card.
A resident foreign correspondent to reside in a place other than Beijing shall, within 7 days of his/her arrival in China, go through the procedures as stipulated in the preceding paragraph at the relevant foreign affairs office of the local people's government entrusted by the Information Department (hereinafter referred to as the authorities entrusted by the Information Department).
Article 7. A foreign news agency shall apply to the Information Department if it wishes to set up a permanent office in China. The application shall be signed by its legal representative and shall contain the following particulars, with necessary papers attached thereto:
(1) basic facts about the news agency;
(2) the name of the office to be set up in China, the place of intended residence, business scope, number of staff as well as the name, sex, age, nationality, position and curriculum vitae of the head of the office and those of other members; and (3) a copy of the registration certificate of the news agency issued by its home country.
Article 8. Upon approval of the application, the head of the permanent office to be set up shall, within 7 days of his/her arrival in China, register with the Information Department on presentation of an appointment letter signed by the legal representative of the foreign news agency concerned and his/her passport and the passports of other members, and obtain the Certificate for Permanent Office of Foreign News Agency in China. The head of a permanent office of a foreign news agency in a place other than Beijing shall, within 7 days of his/her arrival in China, go through the procedures as stipulated in the preceding paragraph at the authorities entrusted by the Information Department.
Article 9. If a foreign news agency wishes to send an acting correspondent in the absence of its resident correspondent in China for a period of no less than one month and no more than 6 months, the head of the agency's headquarters shall submit in advance to the Information Department or the authorities entrusted by it a written application which shall contain the name, sex, age, nationality, position, curriculum vitae of the acting correspondent, with his/her professional correspondent certificate attached thereto. The acting correspondent may not engage in journalistic activities unless he/she obtains approval and due certification.
Article 10. A resident foreign correspondent shall apply to the Information Department or the authorities entrusted by it for examination and renewal of his/her Foreign Journalist Identity Card once every full year. Whoever fails to go through such procedure within 30 days after the period due without justification will automatically forfeit his/her status of resident foreign correspondent.
Whenever a permanent office of a foreign news agency needs a change of its head, a change in the size of its staff and other important changes, it shall submit an application to the Information Department, obtain the latter's approval and go through the necessary registration procedures for the change.
Article 11. For foreign journalists wishing to come to China to cover a visit by the head of state or government or the foreign minister of a country, the application for approval shall be made collectively through the Ministry of Foreign Affairs of that country in advance to the Chinese Foreign Ministry.
Article 12. A foreign reporter or journalists group wishing to come to China for news coverage on a short-term basis shall file an application with a Chinese embassy or consulate abroad or a department concerned in China. Upon approval, the said reporter or group shall go through the procedures for visas at a Chinese embassy or consulate abroad or a visa-issuing organ authorized by the Foreign Ministry.
A foreign reporter or journalist group that is to visit China at the invitation of a Chinese organization for short-term news coverage shall apply for visas at a Chinese embassy or consulate abroad or a visa-issuing organ authorized by the Foreign Ministry on presentation of the invitation letter or cable.
Article 13. The Chinese host organization shall be responsible for arranging the short-term news coverage activities of a foreign journalist within the territory of China and render him/her assistance in this regard.
A foreign reporter for short-term news coverage shall obtain the consent of the host organization for an extended news coverage in China with justified reasons and shall go through formalities for extension of the visa in accordance with the relevant regulations.
Article 14. A foreign journalist or permanent office of a foreign news agency shall conduct journalistic activities within the scope of business as registered or within that of the mutually agreed plan for news coverage.
Foreign journalists and permanent offices of foreign news agencies must observe journalistic ethics and may not distort facts, fabricate rumours or carry out news coverage by foul means.
Foreign journalists and permanent offices of foreign news agencies may not engage in any activities incompatible with their status or the nature of their profession, or detrimental to China's national security, unity or social and public interests.
Article 15. A foreign journalist shall apply for approval through the Information Department for interviewing a top leader of China, and shall apply to the relevant foreign affairs departments for approval for gathering news from China's government departments or other institutions.
Foreign journalists shall obtain in advance permission from the relevant foreign affairs office of the people's government of a province, autonomous region or municipality directly under the Central Government for news coverage in an open area in China. They shall submit a written application to the Information Department for approval, if they intend to cover news in a non-open area in China. Upon approval, they shall go through formalities for travel certificates at the relevant public security organ.
Article 16. Resident foreign correspondents and permanent offices of foreign news agencies shall rent houses and set up offices in accordance with the relevant Chinese regulations. Resident foreign correspondents and permanent offices of foreign news agencies may employ Chinese citizens as staff members or service personnel through local foreign affairs service departments, whereas the employment of citizens of their respective home countries or of a third country as staff members or service personnel requires the consent of the Information Department.
Article 17. Foreign journalists and permanent offices of foreign news agencies may not install transceivers or satellite communications facilities within the territory of China. They shall apply to the competent telecommunications department of the Chinese Government for approval if they are to use walkie-talkies or similar telecommunication facilities within the territory of China Foreign reporters for short-term news coverage in China shall apply to the Foreign Ministry for approval if they are to carry with them or install satellite communications facilities for special reasons.
Article 18. Resident foreign correspondent shall notify in writing the Information Department of their departure 30 days before they leave their posts and return their Foreign Journalist Identity Cards to the Information Department or the authorities entrusted by it for cancellation before their departure from China. A permanent office of a foreign news agency in China shall notify the Information Department of its closure 30 days beforehand and, after closure, it shall return its Certificate for Permanent Office of Foreign News Agency to the Information Department or the authorities entrusted by it for cancellation.
Article 19. In case of violation of the present Regulations by foreign journalists or permanent offices of foreign news agencies in China, the Information Department may, on the merits of each case, give them a warning, suspend or stop their journalistic activities in China, or revoke their Foreign Journalist Identity Cards or Certificates for Permanent Office of Foreign News Agency.
Cases involving violations of the Law of the People's Republic of China on Control of the Entry and Exit of Aliens or other laws and regulations shall be dealt with by the competent Chinese authorities according to law.
Article 20. Foreigners and foreign agencies other than the foreign journalists and permanent offices of foreign news agencies as specified in the present Regulations may not engage in journalistic activities in China. Due penalty shall be meted out by the relevant Chinese public security organ to any violator depending on the seriousness of the case.
Article 21. The Ministry of Foreign Affairs shall be responsible for the interpretation of these Regulations.
Provinces, autonomous regions and municipalities directly under the Central Government may formulate implementation measures in accordance with these Regulations.
Article 22. These Regulations shall come into force as of the date of promulgation.
The Interim Provisions of the State Council of the People's Republic of China Concerning Resident Correspondents of Foreign News Agencies promulgated by the State Council on March 9, 1981 shall be abrogated as of the same date.
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