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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law No.
02/2016/QH14
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Hanoi, November
18, 2016
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LAW
ON
RELIGION AND FOLK BELIEF
Pursuant to the Constitution of the Socialist Republic
of Vietnam;
National Assembly promulgates the Law on
religion and folk belief.
Chapter I
GENERAL PROVISIONS
Article 1. Scope and regulated
entities
1. The Law provides for the
right to freedom of religion or belief; religious activities, practices of folk
beliefs; religious organizations; rights and obligations of the agencies,
organizations and individuals concerning religious activities and practices of
folk beliefs.
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Article 2. Terminology
In this Law, the following words and expressions
shall bear the following meanings:
1. Folk belief represents
the human’s faith manifested through rituals in connection with traditional
custom to bring about individual and communal spiritual peace.
2. Practice of folk beliefs
means the activities of worshiping ancestors and sacred symbols, of
commemorating and honoring people with meritorious contributions to the country
or a community; and folk rituals typical of historical, cultural, ethical and
social values.
3. Folk belief festival is
a congregational practice of belief(s) that proceeds with traditional rites to
gratify a community’s spiritual aspirations.
4. Folk religious
establishment is a place where a community practices folk beliefs, such as
communal house, temple, shrine, ancestral house and similar establishments.
5. Religion represents
the human's faith whose existence is accompanied by a system of notions and
activities encompassing the objects of worship, tenets, religious law, rites
and organization.
6. Follower means an
adherent who professes a religion and is admitted by such religion.
7. Monastic is a
renunciate who regularly exercises an exclusive way of life in adherence to a
religious organization's tenets, religious law and rules.
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9. Sub-dignitary is
appointed, elected or selected by a religious organization, a religious
affiliate or an organization with certified registration of religious
activities to operate religiously to hold a position in such organization.
10. Religious practice means
the manifestation of a religious faith, the exercise of religious tenets and
law, and the performance of religious rites.
11. Religious activities comprise
the missionary work, the practice of religion and the management of the
organization of a religion.
12. Religious organization is
a multitude of followers, dignitaries, sub-dignitaries and monastics organized
under a certain structure that the government acknowledges to carry out
religious activities.
13. Religious affiliate is
an institute that belongs directly to a religious organization and is
established under the charter and regulations of such religious organization.
14. Religious establishment
refers to a pagoda, church, chapel, holy temple, cathedral, office or
legitimate facility of a religious organization.
15. Legitimate location means
a land lot, residential house or building that an organization or individual
has the lawful right to use pursuant to the law.
16. Representative is a
person who represents and assumes liability to the law for the practice of folk
beliefs, congregational practice of religion and religious activities of a
congregation or organization for which that person acts.
Article 3. Responsibilities of
the government for maintaining the right to freedom of religion and belief
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2. The government upholds and
defends the virtuous and cultural values of folk beliefs, religions, worshiping
of ancestors and honoring of individuals with meritorious contributions to the
country or the public to gratify the people’s spiritual pursuits.
3. The government protects
folk religious and religious establishments and their legitimate assets.
Article 4. Responsibilities of
Vietnam Fatherland Front
1. Assemble practicing and
non-practicing compatriots as a congregation of great national unity to develop
and defend the country.
2. Present promptly the
people’s opinions, desires and recommendations on religion and folk belief to
competent government authorities.
3. Participate in drafting
legislative documents on folk belief and religion; provide social counsels
against the government’s drafts of legislative documents, plans, programs and
economic - social development projects that concern folk belief and religion as
per the law.
4. Participate in
propagandizing and exhorting dignitaries, sub-dignitaries, monastics, followers
and practitioners of religions and folk beliefs, religious organization and the
people to abide by the legislation on folk belief and religion.
5. Supervise the activities of
bodies, organizations, elected representatives, state officials and state
employees in relation to the implementation of policies and legal regulations
on folk belief and religion.
Article 5. Prohibitions
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2. Coerce, entice or obstruct
people to or not to practice a religion or folk belief.
3. Insult a religion or folk
belief.
4. Practices of folk beliefs
or religious activities:
a) That encroach on national security, national
defense, national sovereignty, social order and safety, environment;
b) That violate social ethics or people's body,
health, life, assets or dignity;
c) That obstruct the exercise of a citizen’s rights
and obligations;
d) That sow divisions among the people or
religions; between practicing and non-practicing people; and among the
followers of different folk beliefs or religions.
5. Abuse the practice of folk
beliefs or religious activities for profiteering.
Chapter II
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Article 6. Right to freedom of
religion and folk belief for every person
1. Every person has the right
to freedom of religion and folk belief and the right to follow or not to follow
a religion.
2. Every person has the right
to manifest the faith of religion or folk belief and to perform religious and
folk religious rites; participate in festivals; learn and exercise religious
law and tenets.
3. Every person has the right
to pursue a monastic life in religious establishments and pursue education in
religious educational institutions and religious organizations’ supplementary
courses. Adolescents require the permission of their parents or guardians for
pursuing a monastic life in a religious establishment or pursuing education in
a religious educational institution.
4. Dignitaries,
sub-dignitaries and monastics have the right to perform religious rites, to
preach and to do missionary work in religious establishments or at legitimate
locations.
5. People held in detention
pursuant to the legislation on temporary detention, people serving time in
prison, people sent to a reformatory, compulsory education institution or
compulsory rehabilitation center have the right to read scriptures and manifest
their faith of religion or folk belief.
6. The government shall
stipulate detail on the maintenance of the rights defined in Section 5 of this
Article.
Article 7. Rights of religious
organizations and religious affiliates
1. Carry out religious
activities pursuant to the religious organization’s charter, regulations and
similar literature (hereinafter referred to as the charter).
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3. Publish religious
scriptures and publications.
4. Produce, import and export
religious cultural products and articles.
5. Overhaul, upgrade and
construct religious establishments.
6. Receive legitimate assets
that domestic and foreign organizations and individuals donate voluntarily.
7. Have other rights defined
in this Law and in relevant legislative documents.
Article 8. Right to freedom of
religion and folk belief for foreigners residing lawfully in Vietnam
1. The government of Vietnam
respects and protects the right to freedom of religion and folk belief of the
foreigners who reside lawfully in Vietnam.
2. Foreigners residing
lawfully in Vietnam have the right to:
a) Practice religion, practice folk beliefs and
participate in religious activities;
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c) Invite Vietnamese dignitaries, sub-dignitaries
and monastics to perform religious rites and preach; invite foreign dignitaries
and monastics to deliver sermon;
d) Pursue a monastic life in religious
establishments, pursue education in religious educational institutions and
attend supplementary courses in religious establishments in Vietnam;
dd) Carry religious publications and articles to
practice religion pursuant to the laws of Vietnam.
3. Foreign dignitaries and
monastics who reside lawfully in Vietnam are permitted to give sermon in
religious establishments or at legitimate locations in Vietnam.
Article 9. Obligations of
organizations and individuals when exercising the right to freedom of religion
and folk belief
1. Organizations and
individuals practicing folk beliefs and participating in religious activities
shall adhere to the Constitution, this Law and other relevant legal
regulations.
2. Dignitaries,
sub-dignitaries, monastics, representatives and the managements of folk
religious establishments shall be responsible for guiding followers and
participants in the practice of folk beliefs and religious activities to abide
by the law when practicing folk beliefs and conducting religious activities.
Chapter III
PRACTICE OF FOLK BELIEFS
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1. Folk
belief activities and folk belief festivals shall conserve and uphold the
country's fine cultural and traditional values.
2. The organization of folk
belief activities and folk belief festivals shall maintain security, order,
social safety, thrift and environmental protection.
Article 11. Representatives
and the managements of folk religious establishment
1. A folk religious
establishment shall have a representative or the management that assumes
liability to the law for the establishment’s activities.
2. The representative(s) or
members of the management of a folk religious establishment shall be Vietnamese
citizen(s) residing permanently in Vietnam, possess full capacity for civil
acts and have prestige among the residential community.
3. People’s Committee of the
commune where the folk religious establishment exists shall cooperate with the
equivalent Vietnam Fatherland Front Committee in organizing the residential community’s
election of the representative(s) or members of the management. People’s
Committee of the commune shall base on the result of election and Section 2 of
this Article to validate in writing the representative(s) or members of the
management of the folk religious establishment in 05 working days from the date
of election.
4. The election of the
representative(s) or the formation of the management of a folk religious
establishment ranked as a historic - cultural vestige or scenic sight shall be subject
to the legislation on cultural heritage.
5. The election of the
representative(s) or the formation of the management of an ancestral house
shall not be subject to Section 3 of this Article.
Article 12. Registration of
the practice of folk beliefs
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2. The representative(s) or
the management of a folk religious establishment shall be responsible for
applying in writing to the People’s Committee of the commune where such
establishment is located for registration in at least 30 days prior to the date
that the establishment commences its folk belief activities, except for the
circumstance defined in Article 14 herein.
The application shall specify the name of the folk
religious establishment, folk belief activities, contents, scope, time and
locations of such activities.
People’s Committee of the commune shall be
responsible for reverting in writing in 15 days upon receiving the valid application.
If such application is rejected, reason(s) shall be notified.
3. The representative(s) or
the management of the folk religious establishment shall be responsible for
applying for additional registration of the folk belief activities not
indicated in the registered list pursuant to Section 2 of this Article in at
least 20 days prior to the occurrence of such activities.
Article 13. Organization of
periodic folk belief festivals
1. The representative(s) or
the management of a folk religious establishment shall be responsible for
notifying competent government authorities in writing of its organization of a
periodic folk belief festival in at least 20 days prior to the occurrence of
such festival in the following manner:
a) People’s Committee of the commune where the
festival occurs shall be responsible receiving notifications of folk belief
festivals whose scope is limited to a commune, ward or town (hereinafter
referred to as commune);
b) People’s Committee of the district where the
festival occurs shall be responsible for receiving notifications of folk belief
festivals that proceed in multiple communes in a district, township, provincial
city or city within a centrally-affiliated city (referred to as district);
c) People’s Committee of the province where the
festival occurs shall be responsible for receiving notifications of folk belief
festivals that proceed in multiple districts in a province or
centrally-affiliated city (referred to as province).
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3. The organization of
periodic folk belief festivals in a folk religious establishment that is a
ranked historic - cultural vestige or scenic sight shall be subject to the
legislation on cultural heritage.
4. Competent government
authorities defined in Section 1 of this Article shall be responsible for
maintaining the adherence of folk belief festivals to the notifications.
Article 14. Organization of
folk belief festivals that occur for the first time, resume or proceed
periodically but undergo a revision
1. The representative(s) or
the management of a folk religious establishment shall be responsible for
applying in writing to the People’s Committee of the province where its folk
belief festival takes place if such festival ensues for the first time, resumes
after a period of inactivity or proceeds periodically but undergoes a revision
to its scope, content, time or location.
The application shall specify the name, content or
revised content, scope, time and location of the festival, the planned members
of the organizing committee and the essential conditions for maintaining order,
social safety and environment protection during the festival.
2. Provincial People’s
Committee shall be responsible for reverting in writing in 30 days upon
receiving the valid application. If such application is rejected, reason(s)
shall be notified.
Article 15. Management and use
of revenues from the organization of folk belief festivals
1. The representative(s) or
the management of a folk religious establishment shall be responsible for
managing and spending revenues from the festivals that it has organized in
appropriate, public and transparent manner.
2. In no more than 20 days
upon the end of a festival, the representative(s) or the management of the folk
religious establishment shall be responsible for notifying competent government
authorities in writing of the revenues and their uses pursuant to Section 1,
Article 13 herein.
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REGISTRATION OF
RELIGIOUS PRACTICE AND RELIGIOUS ACTIVITIES
Article 16. Requirements for
registration of congregational religious practice
1. A religious organization
shall apply for registration of its followers' congregational practice of
religion at the locations ineligible for the establishment of a religious
affiliate or an organization with certified registration of religious activities
shall apply for registration of its members’ congregational practice of
religion on the following conditions:
a) Have a legitimate location for religious
practice;
b) The congregational practicing group has a representative
who holds Vietnamese citizenship, resides permanently in Vietnam, possess full
capacity for civil acts, is not bound by any remedial administrative measures
concerning folk belief or religion, is not associated with any conviction
records or is not accused of any crimes pursuant to the legislation on criminal
procedure;
c) The content of the religious practice is not
prohibited pursuant Article 5 herein.
2. Followers of a religion,
who do not fit in with the definition in Section 1 of this Article shall apply
for registration of their congregational religious practice upon satisfying the
requirements defined in Section 1 of this Article and the following conditions:
a) Observe religious tenets and law;
b) The name of the congregational practicing group
does not overlap with those of the religious organizations or the organizations
with certified registration of religious activities, of the political
organizations, of the socio-politic organizations or of the national heroes or
men of greatness.
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1. A religious organization,
an organization with certified registration of religious activities or the
representative(s) of a group of followers as stated in Section 2 of Article 16
herein shall apply in writing to the People’s Committee of the commune where
the legitimate location for religious practice exists for registration of
congregational religious practice.
2. The application includes:
a) The form of application, which specifies the
name of the applicant organization; the name of the religion; the full name and
residential address of the representative; the content, location and time of
religious practice, quantity of participants;
b) The written evidences of the possession of a
legitimate location for religious practice;
c) The resume(s) of the representative(s) of the
congregational practicing group;
d) The written summary of the religious tenets and
law if the registration is subject to Section 2, Article 16 herein.
3. People’s Committee of the
commune shall be responsible for reverting in writing in 20 days upon receiving
the valid application. If such application is rejected, reason(s) shall be
notified.
Article 18. Requirements for
certification of an organization’s registration of religious activities
An organization's registration of religious
activities shall be certified on the following conditions:
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2. Its principles, objectives
and operational regulations are not contrary to the law;
3. The name of the
organization does not overlap with those of the religious organizations or the
organizations with certified registration of religious activities, of the
political organizations, of the socio-politic organizations or of the national
heroes or men of greatness;
4. The representative(s) or
head of the organization holds Vietnamese citizenship, resides permanently in
Vietnam, possess full capacity for civil acts, is not bound by any remedial
administrative measures concerning folk belief or religion, is not associated
with any conviction records or is not accused of any crimes pursuant to the
legislation on criminal procedure;
5. It is based at a legitimate
location;
6. The content of its
religious activities is not prohibited pursuant to Article 5 herein.
Article 19. Procedure and
authority to certify the registration of religious activities
1. An organization that
qualifies pursuant to Article 18 herein shall apply in writing to competent
government authority defined in Section 3 of this Article for registration of
religious activities.
2. The application includes:
a) The form of application, which specifies the
name of the organization; the name of the religion; the principles and
objectives; the contents and area of operation; the origin and progress of
development in Vietnam; the full name of the representative; the quantity of
followers; the organizational structure and expected location of its base;
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c) The written summary of the religious tenets,
laws and rites;
d) The operational regulations of the organization;
dd) The written evidences of the availability of a
legitimate location for its facilities.
3. Authority to certify the
registration of religious activities:
a) The body of the People's Committee of a
province, which is specialized in state management of folk belief and religion (hereinafter
referred to as the provincial bodies specialized in folk belief and religion),
shall issue certificates of registration of religious activities to the
organizations operating solely in such province in 60 days upon receiving a
full and valid application. If an application is rejected, reason(s) shall be
notified;
b) The central government’s body responsible for
state management of folk belief and religion shall issue certificates of
registration of religious activities to the organizations operating in multiple
provinces in 60 days upon receiving a full and valid application. If an
application is rejected, reason(s) shall be notified.
Article 20. Operations of the
organizations with certified registration of religious activities
1. An organization, after the
certification of its registration of religious activities, can carry out the
following operations:
a) Organize religious ceremonies, religious
practices, sermons and courses of training in religious tenets;
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c) Repair and overhaul its base;
d) Participate in charitable and humanitarian
activities;
dd) Organize general meetings by its charter.
2. When conducting the
operations defined in Section 1 of this Article, the organization shall adhere to
this Law and other relevant legal regulations.
Chapter V
RELIGIOUS ORGANIZATIONS
Part 1. ACCREDITATION OF
RELIGIOUS ORGANIZATIONS; ESTABLISHMENT, SPLIT-UP, SPIN-OFF, MERGER AND
CONSOLIDATION OF RELIGIOUS AFFILIATES
Article 21. Requirements for
accreditation of religious organizations
An organization with certified registration of
religious activities shall be accredited as a religious organization on the
following conditions:
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2. It has a charter pursuant to Article 23 of this
Law;
3. The representative(s) or head of the
organization holds Vietnamese citizenship, resides permanently in Vietnam,
possess full capacity for civil acts, is not bound by any remedial
administrative measures concerning folk belief or religion, is not associated
with any conviction records or is not accused of any crimes pursuant to the
legislation on criminal procedure;
4. Its organizational structure adheres to its
charter;
5. It has assets independent from other
organizations and individuals, and it assumes liabilities with its own assets.
6. It engages in legal relations independently.
Article 22. Procedure and
authority to accredit religious organizations
1. An organization that qualifies pursuant to
Article 21 herein shall apply in writing to competent government authority
defined in Section 3 of this Article for accreditation as a religious
organization.
2. The application includes:
a) The form of application, which specifies the
name of the applicant organization, the international transaction name (if
available); the name of the religion; the full name of the representative(s);
the quantity of followers, the area of operation at the time of application;
the organizational structure and its base;
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c) The list, resumes, judicial records and
summaries of religious activities of the representative and expected leaders of
the organization;
d) The written summary of the religious tenets,
laws and rites;
dd) The charter of the organization;
e) The written declaration of the organization's
legitimate assets;
g) The written evidences of the availability of a
legitimate location for its facilities.
3. Authority to accredit a religious organization:
a) People’s Committee of a province shall decide on
the accreditation of religious organizations that operate solely in such
province in 60 days upon receiving a full and valid application. If an
application is rejected, reason(s) shall be notified;
b) The central government’s body responsible for
state management of folk belief and religion shall decide on the accreditation
of religious organizations operating in multiple provinces in 60 days upon
receiving a full and valid application. If an application is rejected,
reason(s) shall be notified.
Article 23. Charter of a
religious organization
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1. The name of the organization;
2. Principles, objectives and rules of operation;
3. Area of operation, headquarter;
4. Finance, assets;
5. Legal representative, sample of the official
seal;
6. Functions, missions, authority and
organizational structure of the religious organization and religious
affiliates;
7. Missions and authority of the management of the
religious organization and religious affiliates;
8. Conditions, criteria, authority, methods of
ordination, appointment, election, selection, relocation, dismissal, deposition
of dignitaries, sub-dignitaries and monastics;
9. Conditions, authority and methods of dissolution
of the religious organization; the establishment, split-up, spin-off, merger,
consolidation and dissolution of the religious affiliates;
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11. The relations between the religious
organization with religious affiliates and with other relevant organizations
and individuals.
Article 24. Amendment to the
charter
1. A religious organization shall register the amendments
to its charter with competent government authority defined in Section 3,
Article 22 herein. Its application for registration shall specify the name of
the religious organization and representative(s), content and reason of
amendment. The amended charter shall be also included in the application.
2. Competent government authorities shall be
responsible for reverting in writing in 30 days upon receiving the valid
application. If such application is rejected, reason(s) shall be notified.
3. The religious organization shall operate
according to the amended charter upon acquiring the competent government
authority's approval.
Article 25. Name of a
religious organization
1. A religious organization shall be named in
Vietnamese.
2. The name of the organization does not overlap
with those of other religious organizations or the organizations with certified
registration of religious activities, of the political organizations, of the
socio-politic organizations or of the national heroes or men of greatness.
3. The religious organization shall use its name
when interacting with other organizations and individuals.
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5. The religious organization shall apply to the competent
government authority defined in Section 3, Article 22 herein for changing its
name.
6. The religious organization shall be responsible
for applying to the competent government authority defined in Section 3,
Article 29 herein for changing the names of its religious affiliates.
Article 26. Relocation of a
religious organization’s base
1. A religious organization, when relocating its
base, shall apply to the People’s Committee of the province where its base is
relocated to for approval. Moreover, it shall notify in writing the competent
government authority defined in Section 3, Article 22 herein.
2. A religious affiliate, when relocating its base,
shall apply to the People’s Committee of the province where its base is
relocated to for approval. Moreover, it shall notify in writing the competent
government authority defined in Section 3, Article 29 herein.
Article 27. Establishment,
split-up, spin-off, merger and consolidation of religious affiliates
1. A religious organization or religious affiliate can
establish its religious affiliates, split them up, spin them off, merge them
into another, or have them consolidate.
2. A religious affiliate, when split up, shall
cease to exist and its rights and obligations shall be transferred to the new
religious affiliates.
3. A religious affiliate, which is spun off, and
the newly formed one shall carry out their rights and obligations in accordance
with the purposes of operation.
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5. Religious affiliates, when consolidating, shall
cease to exist upon the formation of the consolidated religious affiliate; and
their rights and obligations shall be transferred to the one newly formed.
Article 28. Requirements for
establishment, split-up, spin-off, merger and consolidation of religious
affiliates
A religious organization’s or religious affiliate’s
establishment, split-up, spin-off, merger and consolidation of religious affiliates
are subject to the following conditions:
1. The charter of the religious organization
stipulates the establishment, split-up, spin-off, merger and consolidation of
religious affiliates;
2. The activities of the religious affiliate,
before being split up, being spun off, being merged or consolidating, are not
prohibited pursuant to Article 5 herein;
3. It is based at a legitimate location.
Article 29. Procedure and
authority to approve the establishment, split-up, spin-off, merger and
consolidation of religious affiliates
1. A religious organization or religious affiliate
shall apply in writing to competent government authority defined in Section 3
of this Article for establishing, splitting up, spinning off, merging or
consolidating religious affiliate(s).
2. The application includes:
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b) The written summary of operation of the
religious affiliate(s) before the split-up, spin-off, merger or consolidation;
c) The list, resumes, judicial records and
summaries of religious activities of the representative(s) and expected leaders
of the religious affiliate(s);
d) The charter, if available, of the religious
affiliate(s);
dd) The written declaration of legitimate assets of
the religious affiliate(s);
e) The written evidences of the availability of
legitimate location(s) for its (their) facilities.
3. The following authorities shall approve the
establishment, split-up, spin-off, merger and consolidation of religious
affiliates:
a) People’s Committee of a province shall be
responsible for responding in writing to a full and valid application for the
establishment, split-up, spin-off, merger or consolidation of religious
affiliate(s) operating solely in such province in 60 days upon receiving such
application. If the application is rejected, reason(s) shall be notified;
b) The central government’s body responsible for
state management of folk belief and religion shall respond in writing to a full
and valid application for the establishment, split-up, spin-off, merger or
consolidation of religious affiliate(s) operating in multiple provinces in 60
days upon receiving such application. If the application is rejected, reason(s)
shall be notified.
4. Upon the approval of the competent government
authority, the religious organization or religious affiliate shall initiate in
writing the establishment, split-up, spin-off, merger or consolidation of
religious affiliate(s).
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Article 30. Juridical
personality of religious organizations and religious affiliates
1. A religious organization becomes a
non-commercial juridical person upon its accreditation by the competent
government authority.
2. A religious organization shall apply in writing
to the competent government authority defined in Section 3, Article 29 herein
for registration of non-commercial juridical personality of a religious
affiliate upon satisfying the requirements defined in Section 5 and 6, Article
21 herein.
3. The government shall stipulate detail on the
procedure for registration of juridical personality of religious affiliates.
Article 31. Dissolution of
religious organizations and religious affiliates
1. A religious organization or religious affiliate
shall dissolve:
a) In adherence to its charter;
b) In the event that it has not conducted religious
activities for 01 year upon being accredited or permitted by the competent
government authority for its establishment, split-up, spin-off, merger or
consolidation; or in the event that it has discontinued religious activities
continuously for 01 year;
c) In the event that it has not rectified the cause
of the full suspension of its religious activities when such suspension
expires.
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The religious organization or religious affiliate
shall be entitled to dissolve its religious affiliates. Competent government
authorities defined in Section 3, Article 29 herein shall be entitled to
dissolve or to request a religious organization or religious affiliate to
dissolve its religious affiliates in the events prescribed in Point b and Point
c, Section 1 of this Article.
3. A religious organization or religious affiliate,
before dissolving, shall fulfill every of its asset-related obligations. The
assets of the religious organization or religious affiliate dissolved shall be
handled pursuant to the legislation on civil matters.
A religious organization or religious affiliate
shall be responsible for notifying the dissolution of its religious affiliates
to the competent government authority defined in Section 3, Article 29 herein
in no more than 20 days from the date of dissolution of the religious
affiliates.
4. The government shall stipulate detail on the
procedure for dissolution of religious organizations and religious affiliates.
Part 2. ORDINATION,
APPOINTMENT, ELECTION, SELECTION, RELOCATION, DISMISSAL AND DEPOSITION OF
DIGNITARIES, SUB-DIGNITARIES AND MONASTICS
Article 32. Ordination,
appointment, election and selection of dignitaries and sub-dignitaries
1. The processes of ordination, appointment,
election and selection in a religious organization or its religious affiliates
shall be subject to the charter of the religious organization.
2. The individuals ordained, appointed, elected or
selected shall possess full capacity for civil acts, is not bound by any
remedial administrative measures concerning folk belief or religion, is not
associated with any conviction records or is not accused of any crimes pursuant
to the legislation on criminal procedure.
3. The processes of ordination, appointment,
election or selection that involve foreigners shall be subject to Article 51
herein.
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1. A religious organization shall be responsible
for notifying the central government’s body responsible for state management of
folk belief and religion in writing of the individuals ordained or selected as
“hoà thượng” (most venerable), “thượng toạ” (venerable), “ni trưởng” (master of
nuns) or "ni sư” (abbess) in Vietnam Buddhist Sangha; as “mục sư"
(pastor) in Evangelical orders; as "phối sư” (archbishop) or holders of a
higher rank in caodaist churches; as "giảng sư" (expounder) in
Vietnamese Pure Land Buddhist Association and as holders of equivalent ranks in
other religions in no more than 20 days from the date of ordination or
selection.
2. The religious organization shall be responsible
for delivering a notification of the ordination or selection of the dignitaries
not prescribed in Section 1 of this Article in writing to the body specialized
in folk belief and religion in the province where such dignitaries reside and
conduct religious activities in no more than 20 days from the date of
ordination or selection.
3. The notification shall specify the name of the
religious organization, the full name, rank, area of operation and summarized
history of religious activities of the dignitaries. In addition, such
notification shall be attached with their resumes and judicial records.
4. If a dignitary ordained or selected does not
meet the requirements in Section 2, Article 32 herein, the competent government
authority shall request the religious organization in writing to annul the
result of ordination or election.
In 20 days upon receiving the written request, the
religious organization shall be responsible for rescinding the result of
ordination or selection of the dignitary and for notifying the competent
government authorities defined in Section 1 and Section 2 of this Article in
writing of such annulment.
Article 34. Registration of
sub-dignitaries appointed, elected or selected
1. A religious organization shall be responsible
for applying to the central government’s body responsible for state management
of folk belief and religion for registration of the appointment, election or
selection of the following sub-dignitaries:
a) Members of the management of a religious organization
that operates in multiple provinces;
b) Leader of a religious affiliate that operates in
multiple provinces;
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2. Before appointing, electing or selecting sub-dignitaries
not prescribed in Section 1 of this Article, a religious organization or
religious affiliate shall be responsible for applying thereof in writing to the
body specialized in folk belief and religion in the province where the
sub-dignitaries reside and conduct religious activities.
3. An organization with certified registration of
religious activities shall apply in writing to the competent government
authority defined in Section 3, Article 19 herein for registration before
appointing, electing or selecting sub-dignitaries.
4. The application includes:
a) The application form, which specifies the full
name of the individuals appointed, elected or selected; their ranks and area of
operation before and after appointed, elected or selected;
b) The resumes and judicial records of the
individuals to be appointed, elected or selected;
c) The written summary of religious activities of
the individuals to be appointed, elected or selected;
5. Competent government authorities defined in
Section 1, 2 and 3 of this Article shall be responsible for reverting in
writing in 20 days upon receiving a full and valid application. If the
application is rejected, reason(s) shall be notified.
6. Religious organizations, religious affiliates
and organizations with certified registration of religious activities shall be
responsible for notifying the competent government authorities defined in
Section 1 and Section 2 of this Article and Section 3, Article 19 herein in
writing of the individuals appointed, elected and selected in no more than 20
days from the date of appointment, election or selection.
7. The notification of the appointment, election or
selection of the expected leaders of the organizations prescribed in Article
19, 22, 29 and 38 herein, after the competent government authorities grant
approval, shall be subject to Section 6 of this Article.
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1. A religious organization or religious affiliate
shall be responsible for notifying the bodies specialized in folk belief and
religion in the provinces of departure and destination in at least 20 days
prior to the relocation of a dignitary, sub-dignitary or monastic.
The notification shall specify the name of the
notifying organization, the full name, rank and position of the individuals
relocated, the reason of relocation, the area of religious operation before and
after relocation.
2. The religious organization or religious
affiliate shall be responsible for applying in writing to the People’s Committee
of the province of destination for registration before relocating a dignitary,
sub-dignitary or monastic against whom a charge is being pressed or on whom a
criminal record exists.
The application shall specify the name of the
applicant organization, the full name, rank and position of the individuals
relocated, the reason of relocation, the area of religious operation before and
after relocation.
Provincial People’s Committee shall be responsible
for reverting in writing in 30 days upon receiving a valid application. If the
application is rejected, reason(s) shall be notified.
Article 36. Dismissal and
deposition of dignitaries and sub-dignitaries
1. A religious organization or its religious
affiliate shall dismiss or depose a dignitary or sub-dignitary in accordance
with its charter.
2. In no more than 20 days upon issuing the written
decision on dismissal or deposition of a dignitary or sub-dignitary, the
religious organization or religious affiliate shall be responsible for sending
a written notification to the competent government authorities defined in
Section 1 and Section 2, Article 33 and in Section 1 and Section 2, Article 34
herein.
The notification shall specify the full name, rank
and position of the individual(s) dismissed or deposed and the reason(s) of
dismissal or deposition. In addition, the notification shall be enclosed with
the written decision of the religious organization or religious affiliate on
the dismissal or deposition.
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Part 3. RELIGIOUS EDUCATIONAL
INSTITUTIONS AND RELIGIOUS TRAINING COURSES
Article 37. Requirements for
establishment of a religious educational institution
A religious organization can establish a religious
education institution on the following conditions:
1. Have adequate educational infrastructure;
2. Have a legitimate location for the educational
institution;
3. Have educational curricula and programs, which
include the study of the history and law of Vietnam;
4. Have managerial and instructing personnel who
meet educational requirements.
Article 38. Procedure and
authority to approve the establishment of a religious educational institution
1. Before establishing a religious educational
institution, a religious organization shall be responsible for applying in
writing to the local agency responsible for state management of folk belief and
religion.
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a) The application form, which specifies the names
of the religious organization and the religious educational organization, the
full name of the representative(s) of the religious educational organization,
and the necessity of establishment of the educational institution;
b) The list, resumes, judicial records and
summaries of religious activities of the representative and expected leaders of
the educational institution;
c) The draft of the religious educational
institution's regulations of organization and operation, which basically states
the name of the educational institution; its location, functions and mission;
organizational structure, personnel; levels and form of education; programs,
curricula and standards of each educational level; finance and assets;
d) The draft of the educational institution’s
enrollment regulations;
dd) The written evidences of the availability of a
legitimate location and facilities for educational activities; and the written
approval by the provincial People’s Committee of the location of the
educational institution.
3. The central government’s body responsible for
state management of folk belief and religion shall respond in writing to a full
and valid application for the establishment of a religious educational
institution in 60 days upon receiving such application. If the application is
rejected, reason(s) shall be notified.
4. After obtaining the approval of the competent
government authority, the religious organization shall initiate the
establishment of the religious educational institution in writing.
The written approval of the competent government
authority shall lose effect after 03 years during which the religious
organization has not established an educational institution.
5. Religious educational institutions are not a
part of the national education system.
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1. In at least 20 days prior to the commencement of
a religious educational institution's operations, the representative(s) of a
religious educational institution shall be responsible for notifying the
central government’s body responsible for state management of folk belief and
religion in writing of the religious educational institution's operations. In
addition, the notification shall be enclosed with the written statement of
establishment, regulations of organization and operation, regulations of
enrollment, list of members of the management, and report on financial
resources and facilities for sustaining operations.
2. The religious educational institution shall
organize its training and enrollment according to the announced regulations of
organization, operation and enrollment.
3. The religious educational institution shall
apply to the central government’s body responsible for state management of folk
belief and religion for registration when amending its regulations of
organization, operation and enrollment. The application shall specify the
reason(s) and content of amendment and shall be enclosed with the amended
regulations.
The competent government authority shall be
responsible for reverting in writing in 45 days upon receiving a valid
application. If such application is rejected, reason(s) shall be notified.
The religious educational institution shall operate
according to the amended regulations upon the competent government authority's
approval.
4. The religious educational institution shall be
responsible for notifying the central government’s body responsible for state
management of folk belief and religion in writing of the academic result of
each training course in no more than 20 days from the final date of the course.
The notification shall specify the name of the religious educational
institution, the training course and the quantity of graduates.
5. Foreigners’ pursuit of education in a religious
educational institution in Vietnam shall be subject to Article 49 herein.
Article 40. Guidance on the
teaching of the history and law of Vietnam
The central government’s body responsible for state
management of folk belief and religion shall lead and cooperate with the
Ministry of Education and Training, Ministry of Justice and relevant agencies
in providing guidelines for the curricula and content of instruction of the
history of Vietnam and the law of Vietnam.
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1. A religious organization or religious affiliate
shall be responsible for applying for registration in writing to the body
specialized in folk belief and religion in the province where it offers
supplementary courses to religious practitioners. The application shall specify
the name of the course(s), reason(s), timetable, content, curriculum,
attendants and instructors.
The provincial body specialized in folk belief and
religion shall be responsible for reverting in writing in 30 days upon
receiving the valid application. If such application is rejected, reason(s)
shall be notified.
2. A religious organization or religious affiliate
shall be responsible for notifying the People’s Committee of the district where
it offers a supplementary course in religion beyond the scope of Section 1 of
this Article in at least 20 days prior to the starting date of the course. The
notification shall specify the name of the course(s), reason(s), timetable,
content, curriculum, attendants and instructors.
If the provision of a supplementary course in
religion involves a prohibition defined in Article 5 herein, the district-level
People's Committee shall request the religious organization or religious
affiliate in writing not to provide or to cancel the supplementary course.
Article 42. Dissolution of a
religious educational institution
1. A religious educational institution shall
dissolve:
a) At the discretion of the religious organization;
b) Upon the expiration of the 3-year period, during
which the religious educational institution has not organized any educational
activities, from the date of the competent government authority's approval of
its establishment;
c) In the event that it has not rectified the cause
of the suspension of its religious activities when such suspension expires.
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The religious organization shall be responsible for
notifying the central government’s body responsible for state management of
folk belief and religion of the dissolution of a religious educational
institution in no more than 20 days from the date of dissolution.
3. The government shall elaborate the procedure for
dissolution of religious educational institutions.
Chapter VI
RELIGIOUS ACTIVITIES;
PUBLICATION, EDUCATION, HEALTH CARE, SOCIAL PROTECTION, CHARITABLE AND
HUMANITARIAN ACTIVITIES OF RELIGIOUS ORGANIZATIONS
Part 1. RELIGIOUS ACTIVITIES
Article 43. Notification of
the list of religious activities
1. A religious organization, religious affiliate or
organization with certified registration of religious activities shall be
responsible for notifying the following bodies in writing of the list of annual
religious activities in no more than 30 days from the date of accreditation,
approval or certification of registration of religious activities:
a) An organization whose religious activities occur
solely in one commune shall notify the People's Committee of the commune;
b) An organization whose religious activities occur
in multiple communes of a district shall notify the People's Committee of the
district;
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d) An organization whose religious activities occur
in multiple provinces shall notify the central government’s body responsible
for state management of folk belief and religion.
2. The notification shall specify the name of the
organization, the name, time and location of the religious activities.
3. The notification of the list of annual religious
activities shall be sent only once. The representative(s) of the organization
shall be responsible for sending an additional notification of a religious
activity not defined in the announced list, pursuant to Section 1 and Section 2
of this Article, in at least 20 days prior to the occurrence of the activity.
Article 44. Conferences of
religious organizations and religious affiliates
1. A religious organization or religious affiliate
shall be responsible for notifying its organization of an annual conference in
writing to the competent government authority defined in Section 3, Article 45
herein in at least 20 days prior to the date of conference.
The notification shall specify the name of the
organization, expected participants, quantity of attendants; content, agenda,
time and venue of the conference.
2. A religious organization or religious affiliate
shall be responsible for filing a written request to the central government's
body responsible for state management of folk belief and religion when holding
an inter-religious conference or a conference that involves foreign elements.
The request shall specify the name of the organization; reason(s), expected
participants, quantity of attendants; content, agenda, time and location of the
conference.
The central government’s body responsible for state
management of folk belief and religion shall revert in writing in 45 days upon
receiving a valid application. If the application is rejected, reason(s) shall
be notified.
Article 45. General meetings
of religious organizations, religious affiliates and organizations with
certified registration of religious activities
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2. The application includes:
a) The application form, which specifies the name
of the organization; reason(s), expected participants, quantity of attendants;
content, agenda, time and location of the conference;
b) The organization’s activity conclusion report;
c) The draft of the charter or the amended charter
(if available).
3. The authority to approve the organization of
general meetings:
a) People’s Committee of a district shall be
responsible for responding in writing to the organization of a general meeting
of a religious affiliate that operates solely in the district in 25 days upon
receiving a full and valid application. If the application is rejected,
reason(s) shall be notified.
b) The body specialized in folk belief and religion
in a province shall be responsible for responding in writing to the
organization of a general meeting of a religious organization, religious
affiliate or organization with certified registration of religious activities
which operates in multiple districts of the province in 30 days upon receiving
a full and valid application. If the application is rejected, reason(s) shall
be notified.
c) The central government’s body responsible for
state management of folk belief and religion shall be responsible for
responding in writing to the organization of general meetings beyond the scope
of Point a and Point b, Section 3 of this Article in 45 days upon receiving a
full and valid application. If the application is rejected, reason(s) shall be
notified.
Article 46. Ceremonies and
sermons outside religious establishments and legitimate locations
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The application shall specify the name of the
applicant organization, the name of the ceremony, the presiding person(s), the
ceremony’s content, agenda, time, location, scope and participants.
2. A dignitary, sub-dignitary or monastic shall be
responsible for applying in writing to the competent government authority
defined in Section 3 of this Article before delivering a sermon outside his
area of operation or a registered religious establishment or legitimate
location.
The application shall specify the applicant’s full
name, content, agenda, time, location, scope and participants.
3. The authority to approve the organization of a
ceremony or sermon outside a religious establishment or legitimate location:
a) People’s Committee of a district shall be responsible
for responding in writing to the organization of a ceremony or sermon solely in
the district in 25 days upon receiving a valid application. If the application
is rejected, reason(s) shall be notified.
b) The body specialized in folk belief and religion
in (a) province(s) where the ceremony or sermon expectedly occurs shall be
responsible for responding in writing to the organization of such ceremony or
sermon in multiple districts of the province or in multiple provinces in 30
days upon receiving the valid application. If the application is rejected,
reason(s) shall be notified.
4. The governmental body that has authority over
the area where the ceremony or sermon proceeds shall be responsible for
supporting the maintenance of order and security of such ceremony or sermon.
Part 2. RELIGIOUS ACTIVITIES
THAT INVOLVE FOREIGN ELEMENTS
Article 47. Congregational
religious practice of foreigners residing lawfully in Vietnam
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2. The application includes:
a) The application form, which specifies the full
name, nationality and religion of the representative; reason(s), time, agenda,
quantity of participant, religious establishment or location at which the event
expectedly occurs;
b) The certified copies of the written evidences of
the representative's lawful residency in Vietnam;
c) The written approval of the representative(s) of
the religious establishment or the written evidences of the availability of a
legitimate location for congregational religious practice.
3. Province People’s Committee shall be responsible
for reverting in writing in 30 days upon receiving a valid application. If the
application is rejected, reason(s) shall be notified.
Article 48. Religious
activities and international religious relations activities of foreign
individuals and organizations in Vietnam
1. A religious organization or religious affiliate
shall be responsible for applying in writing to the competent government
authority defined in Section 3 of this Article for inviting a foreign
organization or individual to Vietnam to carry out religious activities or
international religious relations activities.
2. The application includes:
a) The application form, which specifies the name
of the inviting organization; the name of the organization or individual
invited; purpose(s) and content of the activities; the list of invitees; the
expected agenda, time and location;
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c) The written evidences of the religious title of
the person(s) invited.
3. The authority to approve religious activities or
international religious relations activities of foreign organizations and
individuals in Vietnam:
a) People’s Committee of a province shall be
responsible for responding in writing to a full and valid application for
inviting a foreign organization or individual to Vietnam to conduct religious
activities solely in the province in 30 days upon receiving such application.
If the application is rejected, reason(s) shall be specified;
b) The central government’s body responsible for state
management of folk belief and religion shall be responsible for responding in
writing to a full and valid application for inviting a foreign organization or
individual to Vietnam to conduct religious activities in multiple provinces or
to conduct international religious relations activities in 45 days upon
receiving such application. If the application is rejected, reason(s) shall be
notified.
4. An organization with certified registration of
religious activities shall be responsible for applying in writing to the
competent government authorities defined in Section 2 and Section 3 of this
Article for inviting a foreign dignitary or monastic to deliver sermon.
5. A group of foreigners practicing religion in
congregation shall be responsible for applying in writing, pursuant to Section
2 of this Article, to the central government's body responsible for state
management of folk belief and religion for inviting a foreign dignitary or
monastic to deliver sermon.
The central government’s body responsible for state
management of folk belief and religion shall revert in writing in 45 days upon
receiving a full and valid application. If the application is rejected,
reason(s) shall be notified.
6. During their delivery of sermon, the foreign
dignitaries and monastics shall abide by the regulations of the religious
organization, religious affiliate or organization with certified registration
of religious activities in Vietnam and shall adhere to the law of Vietnam.
Article 49. Foreign learners
in religious educational institutions in Vietnam
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2. The application includes:
a) The application form, which specifies the name
of the religious educational institution; the full name and nationality of the
learner, the course and timetable;
b) The notarized Vietnamese translation of the
learner’s passport.
c) The central government’s body responsible for
state management of folk belief and religion shall revert in writing in 45 days
upon receiving a full and valid application. If the application is rejected,
reason(s) shall be notified.
Article 50. Participation in
overseas religious activities and religious education
1. A religious organization or religious affiliate
shall be responsible for applying in writing to the central government’s body
responsible for state management of folk belief and religion for assigning a
dignitary, sub-dignitary, monastic or follower to participating in a religious
activity or to pursue religious education abroad.
2. The application includes:
a) The application form, which specifies the name
of the organization, purpose(s), agenda, time, location of the overseas
religious activity or religious education;
b) The letter of invitation or the written approval
by the overseas religious organization of the participation in its religious
activity or education.
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Article 51. Ordination,
appointment, election and selection that involve foreign elements
1. A process of ordination, appointment, election
or selection involves foreign elements in the following circumstances:
a) A Vietnamese religious organization ordains or
selects a foreigner residing lawfully in Vietnam for a hierarchical rank;
b) A foreign religious organization ordains,
appoints, elects or selects a Vietnamese citizen in Vietnam.
2. The individuals for whom ordination,
appointment, election or selection is proposed shall be subject to the
requirements in Section 2, Article 32 herein. A foreigner residing lawfully in
Vietnam, for whom ordination or selection for hierarchical rank is proposed,
shall also be subject to the following requirements:
a) Be permitted to teach religion in religious
educational institutions in Vietnam;
b) Adhere to the law of Vietnam.
3. The process of ordination, appointment, election
or selection, which involves foreign elements pursuant to Section 1 of this
Article, shall attain the approval of the central government's body responsible
for state management of folk belief and religion before it occurs.
4. The religious organization or religious
affiliate that directly manages a Vietnamese citizen ordained, appointed,
elected or selected abroad by a foreign religious organization shall be
responsible for applying to the central government's body responsible for state
management of folk belief and religion for such person’s return to Vietnam to
assume the role of a dignitary or sub-dignitary.
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Article 52. International
relations activities of religious organizations, religious affiliates,
dignitaries, sub-dignitaries, monastics and followers
1. A religious organization, its religious
affiliates, dignitaries, sub-dignitaries, monastics and followers shall carry
out international relations activities in abidance by the charter of the
religious organization in accordance with the law of Vietnam.
2. When conducting international relations activities,
a religious organization, its religious affiliates, dignitaries,
sub-dignitaries, monastics and followers shall adhere to the law of Vietnam and
the law of the related country.
Article 53. Accession to
foreign religious organizations
1. Before joining a foreign religious organization,
a religious organization shall be responsible for applying in writing to the
central government’s body responsible for state management of folk belief and
religion.
2. The application includes:
a) The application form, which specifies the name
of the religious organization, purpose(s) and time of accession; the name,
charter, principles, objectives and headquarter of the foreign religious
organization;
b) The written approval or letter of invitation of
the foreign religious organization.
3. The central government’s body responsible for
state management of folk belief and religion shall revert in writing in 60 days
upon receiving a full and valid application. If the application is rejected,
reason(s) shall be notified.
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The notification shall specify the name of the
religious organization, the name of the foreign religious organization that the
former joined, reason(s) and time of withdrawal.
Part 3. PUBLICATION, EDUCATION,
HEALTH CARE, SOCIAL PROTECTION, CHARITABLE AND HUMANITARIAN ACTIVITIES
Article 54. Publishing,
production, exportation and importation of cultural products
It is permitted to publish scriptures and other
publications on folk belief and religion; to produce, export and import cultural
products concerning folk belief and religion and religious articles pursuant to
the legislation on publication and other legal regulations.
Article 55. Education, health
care, social protection, charitable and humanitarian activities
It is permitted to participate in the activities of
education, health care, social protection, charity and humanitarian pursuant to
relevant laws.
Chapter VII
ASSETS OF FOLK RELIGIOUS
ESTABLISHMENTS AND RELIGIOUS ORGANIZATIONS
Article 56. Management and use
of the assets of folk religious establishments and religious organizations
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2. The assets of a folk
religious establishment or religious organization shall be managed and used for
correct and appropriate purposes as per legal regulations.
3. A folk religious establishment or religious
establishment that derives from custom, contribution or donation of members of
a community or other lawful sources to serve communal needs for folk belief and
religion is considered a collective asset of the community.
4. The conversion, transfer, donation, lease,
mortgage or contribution of land use rights as capital shall be subject to
relevant legal regulations.
5. The government shall stipulate detail on the
religious organizations' and religious affiliates' receipt and management of
financial aids from foreign organizations and individuals; and on the donation
to folk religious establishments, religious organizations and religious
affiliates.
Article 57. Lands of folk
religious and religious establishments
The management and use of the lands that belong to
folk religious establishments and religious establishments shall be subject to
the legislation on land.
Article 58. Overhaul, upgrade
and construction of folk religious and religious buildings
1. The overhaul, upgrade and construction of folk
religious and religious buildings shall be subject to the legislation on
construction.
2. The overhaul, upgrade and construction of
auxiliary facilities of a folk religious or religious establishment shall be
subject to the legislation on construction applicable to the buildings and
individual houses in urban areas, communal centers, conservation zones, sites
of historic - cultural - revolutionary vestiges.
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Article 59. Relocation of folk
religious and religious buildings
The relocation of folk religious and religious
buildings for national security, national defense, social - economic
development, national benefit and public benefit shall be subject to the
legislation on land and on construction.
Chapter VIII
STATE MANAGEMENT AND
SETTLEMENT OF VIOLATIONS OF THE LEGISLATION ON FOLK BELIEF AND RELIGION
Part 1. STATE MANAGEMENT OF FOLK
BELIEF AND RELIGION
Article 60. Content of state
management of folk belief and religion
1. Set up policies and promulgate legislative
documents on folk belief and religion.
2. Regulate the system for state management of folk
belief and religion.
3. Organize the implementation of policies and
legal regulations on folk belief and religion.
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5. Conduct research in folk belief and religion;
providing training to state officials and state employees who work in the
sector of folk belief and religion.
6. Inspect and settle complaints, denunciations and
violations of the legislation on folk belief and religion.
7. Uphold international relations in the sector of
folk belief and religion.
Article 61. Responsibility for
state manage of folk belief and religion
1. The government unifies the state management of
folk belief and religion on nation-wide scale.
2. The central government’s body responsible for
state management of folk belief and religion shall be held liable to the
government for exercising the state management of folk belief and religion.
3. Ministries, ministerial-level agencies, People’s
Committees shall exercise the state management of folk belief and religion
under the scope of their missions and authority.
People’s Committees of the districts where communal
and town-level administration divisions are not available shall concurrently
exercise the missions and authority of a commune People’s Committee as
prescribed herein.
Article 62. Inspection
specialized in folk belief and religion
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The central government’s body responsible for state
management of folk belief and religion shall be liable for directing and
organizing the inspection specialized in folk belief and religion on nationwide
scale.
2. The missions of inspection specialized in folk
belief and religion are:
a) Inspect the People’s Committees' implementation
of policies and laws on folk belief and religion;
b) Inspect the cases suspected of violating the
legislation on folk belief and religion.
Article 63. Complaint,
denunciation and litigation regarding folk belief and religion
1. The representative(s) or the management of a
religious establishment, religious organization or religious affiliate, the
dignitaries, sub-dignitaries, monastics, followers, organizations and
individuals who have relevant rights and obligations shall have the right to
file a complaint, an administrative lawsuit or civil lawsuit and to petition a
Court for settling a civil matter in order to defend their legitimate rights
and benefits as per relevant laws.
2. Individuals shall have the right to denounce
violations of the legislation on folk belief and religion. The settlement of a
denunciation against violation(s) of the legislation on folk belief and
religion shall be subject to the legislation on denunciation.
Part 2. SETTLEMENT OF VIOLATIONS
OF THE LEGISLATION ON FOLK BELIEF AND RELIGION
Article 64. Settlement of
violations of the legislation on folk belief and religion
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2. Pursuant to this Law and the Law of actions
against administrative violations, the government shall define the acts of
administrative violation, forms and levels of penalty, remedial solutions
against each act of administrative violation; authority to impose penalty,
specific levels of penalty, authority to make written records of the acts of
administrative violation; application of administrative measures in the sector
of folk belief and religion.
Article 65. Handling of state
officials and stat employees violating the legislation on folk belief and
religion
A state official or state employee who commits a
following act of violation of the legislation on folk belief and religion
during his official assignment shall incur disciplinary actions or face
criminal prosecution, on the basis of the nature and degree of such violation,
as per the law:
1. Abuse the position and authority to act against
this Law and relevant laws;
2. Neglect management and lead to a violation of
the legislation on folk belief and religion;
3. Violate the regulations on the administrative
procedure for state management of folk belief activities and religious
activities.
Chapter IX
IMPLEMENTATION
Article 66. Effect
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2. Ordinance No.
21/2004/UBTVQH11 on folk belief and religion shall lose effect from the date
this Law comes into force.
Article 67. Transition
1. The groups of individuals who have obtained
approval of their registration of congregational religious practice, and the
organizations that have acquired certification of their registration of
religious activities or that have gained accreditation before the effective
date of this Law shall not be subject to re-registration or re-accreditation to
adhere to Article 17, 19 and 22 herein.
2. Religious affiliates that have been established,
split up, spun off, merged or have consolidating; religious associations,
orders and congregational monastic organizations that have registered their
activities before the effective date of this Law shall not be subject to
re-application or re-registration to adhere to Article 29 and Article 38
herein.
3. The required duration of operation for the
organizations that have obtained certification of their registration of
religious activities before the effective date of this Law to be accredited as
a religious organization pursuant to Section 1, Article 21 herein shall be
recorded from the date of certification of their registration of religious
activities.
4. The religious organizations accredited before
the effective date of this Law shall be non-commercial juridical persons from
the date this Law takes effect. Such religious organizations shall be held
responsible for amending their charters in the nearest general meeting pursuant
to Article 23 and register their amended charters pursuant to Article 24
herein.
5. In no more than 30 days from the effective date
of this Law, the religious organizations, religious affiliates and
organizations that have obtained certification of registration of religious
activities prior to the effective date of this Law shall be responsible for
notifying the competent government authorities defined in Section 1 and Section
2, Article 43 herein of the list of annual religious activities.
6. In no more than 30 days from the effective date
of this Law, the folk religious establishments that have notified their annual
folk belief activities before the effective date of this Law shall be held
responsible for registering their folk belief activities pursuant to Section 2,
Article 12 herein.
Article 68. Detailing
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This Law was passed by the 14th
National Assembly of the Socialist Republic of Vietnam in the 2nd
meeting session on November 18, 2016.
CHAIRWOMAN OF
THE NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan