
China Requires Government Permission to Reincarnate — But Only for Buddhist Lamas
The Short Answer
China's State Religious Affairs Bureau Order No. 5 (2007) makes it illegal to recognize a Tibetan Buddhist 'Living Buddha' (tulku) reincarnation without multi-level government approval. The law is real, but the popular claim that it applies to all Chinese citizens reincarnating is false — it targets the institutional recognition of senior lamas.
The Full Story
In 2007, China's State Administration for Religious Affairs issued a 14-article regulation governing how Tibetan Buddhist 'Living Buddhas' — revered spiritual teachers called tulkus, believed by Tibetan Buddhists to consciously choose rebirth — may be officially recognized. The regulation requires applications to flow through up to four levels of government, with the most influential reincarnations requiring approval from the State Council itself. The law has a deeper political agenda: Tibetan Buddhism's unique system of recognizing reincarnated lamas gives enormous institutional power to figures like the Dalai Lama, who traditionally oversees or validates many such recognitions. By inserting the state as the final arbiter, Beijing effectively controls who leads Tibetan Buddhist institutions. The immediate political target was the succession of the 14th Dalai Lama, then 72 years old and living in exile in India, whose eventual reincarnation Beijing wanted to control. A flashpoint predating the 2007 law was the 1995 Panchen Lama crisis: when the Dalai Lama recognized a six-year-old boy as the 11th Panchen Lama, Chinese authorities detained the child (who has not been seen publicly since) and installed their own approved candidate. The 2007 regulation builds on the Qing Dynasty's 1793 '29-Article Ordinance,' which first introduced the 'Golden Urn' lot-drawing system for selecting senior lamas. China has since built a national database of state-approved reincarnate Buddhas, reportedly containing over 870 verified entries. Human Rights Watch, Amnesty International, and UN human rights rapporteurs have criticized the law as an infringement on religious freedom. The widely shared internet version of this law — that it bans ALL Chinese people from reincarnating and levies personal fines — is a comic exaggeration. The real law is far more targeted and, arguably, more politically sinister.
Common Misconceptions
The most common misconception is that this law applies to all Chinese citizens and bans ordinary people from reincarnating — an absurd framing that has become internet legend. The law exclusively governs the formal institutional process by which Tibetan Buddhist monasteries and associations officially identify and 'install' a tulku (reincarnated lama). It does not regulate private religious belief in reincarnation. A second misconception is that penalties include personal 'fines' for unauthorized reincarnation; in reality, penalties (administrative sanctions or criminal charges) fall on monasteries, religious organizations, and officials who conduct unauthorized recognition proceedings — not on spiritual candidates themselves. A third misconception is that this is a novel or uniquely absurd law: Chinese and Qing imperial governments have claimed authority over senior lama appointments since at least the 1793 Golden Urn edict.
Actual Legal Text
Article 5: Reincarnating living Buddhas should carry out application and approval procedures. Applications must be submitted through local religious affairs departments up to provincial or State Council level depending on the lama's influence. Article 9: No group or individual may without authorization carry out any activities related to searching for or recognizing reincarnating living Buddha soul children. Article 11: Persons and units who without authority carry out living Buddha reincarnation affairs shall be dealt administrative sanction; when a crime has been constituted, criminal responsibility shall be pursued. The decree states: 'The so-called reincarnated living Buddha without government approval is illegal and invalid.'
Current Status
Actively Enforced
Penalty
Administrative sanctions under the Regulations on Religious Affairs for unauthorized recognition proceedings; criminal liability may be pursued where offenses constitute a crime. No specific fine amounts are enumerated in the Order itself. Institutions, not individuals seeking reincarnation, face liability.
Last Verified
May 10, 2026
Enacted
September 1, 2007
Jurisdiction Notes
National law effective throughout the People's Republic of China wherever Tibetan Buddhist institutions operate, including Tibet Autonomous Region, Qinghai, Sichuan, Yunnan, and Gansu provinces.