Decree 95/2023/ND-CP detailing the Law on Belief and Religion

DECREE

Detailing a number of articles of, and providing measures to implement, the Law on Belief and Religion^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 18, 2016 Law on Belief and Religion;

At the request of the Minister of Home Affairs;

The Government promulgates the Decree detailing a number of articles of, and providing measures to implement, the Law on Belief and Religion.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of the Law on Belief and Religion regarding the rights to use of scriptures and manifestation of belief and religion of people held in custody or temporary detention in accordance with the law on execution of custody and temporary detention; people serving imprisonment sentences; people serving the measure of consignment to reformatory, compulsory education institution or compulsory drug rehabilitation establishment; order and procedures for issuance of non-commercial legal entity registration certificates to dependent religious organizations; order and procedures for dissolution of religious organizations and dependent religious organizations; order and procedures for dissolution of religious training establishments; order and procedures for approval and registration of the ordainment, appointment, election and nomination involving foreign elements; religious organizations’ and dependent religious organizations’ receipt and management of donations from foreign organizations and individuals; raising of subscriptions by belief establishments, religious organizations and dependent religious organizations; and measures to implement the Law on Belief and Religion.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals in guaranteeing and exercising the right to freedom of belief and religion in accordance with the Law on Belief and Religion.

Article 3. Interpretation of terms

In this Decree, the terms below shall be construed as follows:

1. Belief works are works built in accordance with law by:

a/ Residential communities for use as belief establishments;

b/ Residential communities for use as monuments, steles and towers of belief establishments;

c/ Family clans for use as lineage halls.

2. Religious works are works built in accordance with law by:

a/ Religious organizations or dependent religious organizations for use as religious establishments;

b/ Religious organizations or dependent religious organizations for use as monuments, steles and towers of religious establishments.

3. Auxiliary works are construction works that are not used for worship activities of belief establishments and religious establishments; auxiliary works include houses, guesthouses, dining halls, kitchens, fences and other similar works within the premises of belief establishments or religious establishments.

4. Documents proving the availability of a lawful place are documents on the right to lawfully use land, houses or construction works of organizations and individuals as prescribed by the land, construction, housing and civil laws.

Chapter II

USE OF SCRIPTURES, MANIFESTATION OF BELIEF AND RELIGION; CHANGE OF REPRESENTATIVES AND COLLECTIVE RELIGIOUS PRACTICE VENUES; CHANGE OF NAMES AND HEAD OFFICES OF RELIGIOUS ORGANIZATIONS AND DEPENDENT RELIGIOUS ORGANIZATIONS

Section 1

USE OF SCRIPTURES, MANIFESTATION OF BELIEF AND RELIGION; CHANGE OF REPRESENTATIVES AND COLLECTIVE RELIGIOUS PRACTICE VENUES OF COLLECTIVE RELIGIOUS PRACTICE GROUPS OF VIETNAMESE PEOPLE

Article 4. Use of scriptures and manifestation of belief and religion as prescribed in Clause 5, Article 6 of the Law on Belief and Religion

1. People held in custody or temporary detention in accordance with the law on execution of custody or temporary detention; people serving imprisonment sentences; people serving the measure of consignment to reformatory, compulsory education institution or compulsory drug rehabilitation establishment (below collectively referred to as managed and detained people) may use scriptures published in the form of lawfully distributed printed books to meet their personal needs for belief and religious practice and manifest their beliefs or religions verbally or through personal behaviors in accordance with legal provisions on custody houses, detention camps, prisons, reformatories, compulsory education institutions and compulsory drug rehabilitation establishments (below collectively referred collectively to as management and detention facilities).

2. The use of scriptures and manifestation of belief and religion by people managed or detained at management and detention facilities must neither affect the right to freedom of belief and religion and freedom to not follow belief or religion of other people nor contravene relevant regulations.

3. The supply and management of scriptures; time and place for using scriptures and manifesting belief or religion by people managed or detained at management and detention facilities shall comply with internal rules and regulations of these management and detention facilities. The Minister of Public Security, Minister of National Defense and Minister of Labor, Invalids and Social Affairs shall provide specific guidance on issuance of internal rules and regulations of management and detention facilities under their management.

Article 5. Order and procedures for change of representatives of collective religious practice groups

1. Before changing its representative, a collective religious practice group shall send a registration dossier to the commune-level People’s Committee of the locality where its collective religious practice venue is located.

2. A registration dossier must comprise:

a/ A registration form, clearly stating the name of the concerned religious organization or organization with a religious activity registration certificate; name of the religion; name of the group; full names and places of residence of the former representative and the new representative of the group; reason for, and expected time of, the change;

b/ A curriculum vitae of the new representative;

c/ A written approval of the change of the representative of the collective religious practice group, issued by the religious organization or organization with a religious activity registration certificate that has registered the collective religious practice group;

d/ A minutes of the meeting on election or appointment of a new representative (if any).

3. The commune-level People’s Committee shall issue a written reply within 15 days after receiving a complete and valid registration dossier; in case of rejecting the registration, it shall issue a written reply, clearly stating the reason.

Article 6. Order and procedures for change of collective religious practice venues

1. Before a collective religious practice group changes its collective religious practice venue to a new location in the same commune, the group’s representative shall send a dossier of request specified in Clause 2 of this Article to the commune-level People’s Committee.

2. A dossier of request must comprise:

a/ A written request clearly stating the name of the religious organization or organization with a religious activity registration certificate that has registered the collective religious practice group; name of the religion; name of the collective religious practice group; full name of the representative of the group; reason for, and expected time of, the change; current collective religious practice venue and tentative new venue;

b/ Documents proving the availability of a lawful place for use as the new collective religious practice venue;

c/ A written approval of the change of the collective religious practice venue of the group, issued by the religious organization or organization with a religious activity registration certificate that has registered the collective religious practice group.

3. Before a collective religious practice group changes its collective religious practice venue to a new location in another commune, the group’s representative shall send a dossier of request to the commune-level People’s Committee of the locality where the tentative new venue is to be located.

The dossier of request must comprise the papers specified in Clause 2 of this Article, enclosed with a copy of the written approval of registration of collective religious practice issued by the commune-level People’s Committee of the locality where the first collective religious practice venue of the group is located.

4. The commune-level People’s Committee of the locality where the tentative new collective religious practice venue is to be located shall reply in writing about the change of the location within 20 days after receiving a complete and valid dossier; in case of disapproval of the change, it shall issue a written reply, clearly stating the reason.

5. Within 10 days after obtaining the approval of the new venue, the collective religious practice group shall terminate religious practice at the old venue and send a notice thereof to the commune-level People’s Committee of the locality where the old venue is located.

The notice must clearly state the name of the religious organization or organization with a religious activity registration certificate that has registered the collective religious practice group; name of the collective religious practice group; full name of the group’s representative; time of change of the collective religious practice venue; location of the new collective religious practice venue; and time of termination of religious practice at the old venue.

Section 2

CHANGE OF REPRESENTATIVES AND COLLECTIVE RELIGIOUS PRACTICE VENUES OF COLLECTIVE RELIGIOUS PRACTICE GROUPS OF FOREIGNERS LAWFULLY RESIDING IN VIETNAM

Article 7. Order and procedures for change of representatives of collective religious practice groups of foreigners lawfully residing in Vietnam

1. Before changing its representative, a collective religious practice group of foreigners lawfully residing in Vietnam shall send a registration dossier to the provincial-level People’s Committee of the locality where its collective religious practice venue is located.

2. A registration dossier must comprise:

a/ A registration form clearly stating the name of the religion and name of the group; full name and citizenship of the former representative; full name, citizenship and place of residence in Vietnam of the new representative; reason for, and expected time of, the change;

b/ Certified copies of documents proving the new representative’s lawful residence in Vietnam;

c/ Minutes of the meeting on election or appointment of a new representative (if any).

3. The provincial-level People’s Committee shall issue a written reply within 30 days after receiving a complete and valid registration dossier; in case of rejecting the registration, it shall issue a written reply, clearly stating the reason.

Article 8. Order and procedures for change of collective religious practice venues of collective religious practice groups of foreigners lawfully residing in Vietnam

1. Before a collective religious practice group changes its collective religious practice venue to a new location in the same province, the group’s representative shall send a dossier of request to the provincial-level People’s Committee.

2. A dossier of request must comprise:

a/ A written request clearly stating the name of the religion; name of the group; full name and place of residence in Vietnam of the representative; reasons for, and expected time of, the change; the group’s current collective religious practice venue and tentative new venue;

b/ Documents proving the availability of a new lawful venue for use as place for collective religious practice;

c/ A written approval of the representative of the religious establishment, in case of collective religious practice at a religious establishment.

3. Before a collective religious practice group changes its collective religious practice venue to a new location in another province, the group’s representative shall send a dossier of request to the provincial-level People’s Committee of the locality where the tentative new venue is to be located.

The dossier must comprise the papers specified in Clause 2 of this Article, enclosed with a copy of the written approval of registration of collective religious practice, issued by the provincial-level People’s Committee of the locality where the group’s first collective religious practice venue is located.

4. The provincial-level People’s Committee of the locality where the new collective religious practice venue is to be located shall reply in writing about the change of the collective religious practice venue within 30 days after receiving a complete and valid dossier; in case of disapproval, it shall issue a written reply, clearly stating the reason.

5. Within 10 days after the new venue is approved, the collective religious practice group shall terminate religious practice at the old venue and send a notice thereof to the provincial-level People’s Committee of the locality where the old collective religious practice venue is located.

The notice must clearly state the name of the religion; name of the group; full name of the group’s representative; time of the change; location of the new collective religious practice venue; and time of termination of religious practice at the old venue.

Section 3

CHANGE OF NAMES AND HEAD OFFICES OF RELIGIOUS ORGANIZATIONS AND DEPENDENT RELIGIOUS ORGANIZATIONS

Article 9. Order and procedures for change of names of religious organizations and dependent religious organizations

1. Before changing its name or the name of its dependent religious organization, a religious organization shall send a dossier of request to a competent state agency specified in Clause 3 of this Article.

2. A dossier of request must comprise:

a/ A written request clearly stating the name, head office and representative of the religious organization; name of the religious organization or dependent religious organization before and after the change; reason for, and expected time of, the change;

b/ A copy of the decision on recognition of the religious organization, issued by a competent state agency, in case of change of the name of a religious organization;

c/ A copy of the written approval of the establishment, division, splitting, merger or consolidation of the dependent religious organization(s), or written confirmation, issued by a competent state agency;

d/ A copy of the document on establishment, division, splitting, merger or consolidation of the dependent religious organization(s), issued by the managing religious organization or dependent religious organization, case of change of the name of a dependent religious organization.

3. Competence to approve:

a/ For a religious organization or dependent religious organization operating in one province, the provincial-level People’s Committee shall reply in writing about the change of the name of the organization within 30 days after receiving a complete and valid dossier; in case of disapproval, it shall issue a written reply, clearly stating the reason;

b/ For a religious organization or dependent religious organization operating in more than one province, the central-level state management agency in charge of belief and religion shall reply in writing about the change of the name of the organization within 30 days after receiving a complete and valid dossier; in case of disapproval, it shall issue a written reply, clearly stating the reason.

Article 10. Order and procedures for change of head offices of religious organizations and dependent religious organizations

1. Before changing its head office, a religious organization or dependent religious organization operating in more than one province shall send a dossier of request to the provincial-level People’s Committee where the new head office is to be located.

2. A dossier of request must comprise:

a/ A written request clearly stating the name, head office and representative of the religious organization or dependent religious organization; reason for, and expected time of, the change; head office of the religious organization or dependent religious organization before and after the change;

b/ A copy of the decision on recognition of the religious organization, in case of change of the head office of a religious organization to another province, or a copy of the written approval of the establishment, division, splitting, merger or consolidation of the dependent religious organization(s), issued by a competent state agency, and the document on the establishment, division, splitting, merger or consolidation of the dependent religious organization(s), issued by the managing religious organization or dependent religious organization, in case of change of the head office of a dependent religious organization to another province;

c/ The written approval of the change of the head office of the religious organization or dependent religious organization, issued by the managing religious organization or dependent religious organization;

d/ Documents proving the availability of a lawful place for use as the new head office.

3. For a religious organization or dependent religious organization operating in more than one province, the provincial-level People’s Committee of the locality where the organization’s new head office is to be located shall reply in writing about the change of the head office of the organization within 30 days after receiving a complete and valid dossier; in case of disapproval, it shall issue a written reply, clearly stating the reason.

4. Before changing its head office, a religious organization or dependent religious organization operating in one province shall send a dossier of request, comprising the papers specified at Points a, c and d, Clause 2 of this Article, to the provincial-level People’s Committee.

The provincial-level People’s Committee shall reply in writing about the change of the head office of the religious organization or dependent religious organization within 30 days after receiving a complete and valid dossier; in case of disapproval, it shall issue a written reply, clearly stating the reason.

5. Within 10 days after moving to the new head office, the religious organization or dependent religious organization specified in Clause 1 or 4 of this Article shall send a notice of change of head office to the central-level state management agency in charge of belief and religion. For a religious organization or dependent religious organization operating in more than one province, it shall also send a notice of change of head office to the provincial-level People’s Committee of the locality where the old head office is located.

The notice must clearly state the name of the religious organization or dependent religious organization; full name of the representative of the organization; reason for, and time of, the change; and the organization’s head office before and after the change, and be enclosed with a certified copy of the written approval of the provincial-level People’s Committee of the locality where the new head office is located.

Chapter III

REGISTRATION OF NON-COMMERCIAL LEGAL ENTITIES; SUSPENSION AND DISSOLUTION OF RELIGIOUS ORGANIZATIONS, DEPENDENT RELIGIOUS ORGANIZATIONS AND RELIGIOUS TRAINING ESTABLISHMENTS; BELIEF WORKS, RELIGIOUS WORKS AND AUXILIARY WORKS

Article 11. Order and procedures for issuance of non-commercial legal entity registration certificates to dependent religious organizations

1. A religious organization requesting issuance of a non-commercial legal entity registration certificate to its dependent religious organization shall send a dossier of request to a competent state agency specified in Clause 3 of this Article.

2. A dossier of request must comprise:

a/ A written request clearly stating the name, head office and representative of the religious organization; name, head office, area of ​​operation, organizational structure, and number of believers, dignitaries, religious officers and clergypersons of the dependent religious organization at the time of request; full name of the representative of the dependent religious organization;

b/ A brief report on the process of religious activities of the dependent religious organization since its establishment, division, splitting, merger or consolidation;

c/ A list of the representative and leaders of the dependent religious organization, enclosed with their curriculum vitae and criminal records certificates and brief reports on their religious activities;

d/ A declaration of, and documents proving, lawful assets of the dependent religious organization;

dd/ The charter, regulation or document with similar contents of the dependent religious organization.

3. Competence to issue registration certificates:

a/ Provincial-level People’s Committees shall issue non-commercial legal entity registration certificates to dependent religious organizations operating in one province within 60 days after receiving a complete and valid dossier of request; in case of refusal to issue a registration certificate, they shall issue a written reply, clearly stating the reason;

b/ The central-level state management agency in charge of belief and religion shall issue non-commercial legal entity registration certificates to dependent religious organizations operating in more than one province within 60 days after receiving a complete and valid dossier of request; in case of refusal to issue a registration certificate, it shall issue a written reply, clearly stating the reason.

Article 12. Suspension of all religious activities of religious organizations and dependent religious organizations

1. Religious organizations and dependent religious organizations shall be subject to suspension of all religious activities when they commit serious violations in one of the cases specified in Clause 4 and Clause 5, Article 5 of the Law on Belief and Religion.

2. Based on the nature and severity of violation and the ability to remedy the violation that leads to the suspension of religious activities of the religious organization or dependent religious organization, the decision-making agency shall determine the period of suspension, which, however, must not exceed 24 months.

3. The decision on suspension of all religious activities shall be made in writing, clearly stating the name of the religious organization or dependent religious organization, its representative and head office; causes of suspension; period of suspension; and responsibility for remedying the violation that leads to the suspension.

4. Competence to suspend all religious activities of religious organizations and dependent religious organizations:

a/ Provincial-level People’s Committees shall be competent to suspend all religious activities of religious organizations and dependent religious organizations operating in one province;

b/ The central-level state management agency in charge of belief and religion shall issue decisions on suspension of all religious activities of religious organizations and dependent religious organizations operating in more than one province.

5. Before issuing a decision on suspension of all religious activities of a religious organization or dependent religious organization, a competent state agency specified in Clause 4 of this Article shall examine and conclude on the religious organization’s or dependent religious organization’s commission of a serious violation in one of the cases specified in Clauses 4 and 5, Article 5 of the Law on Belief and Religion.

6. Within 5 working days after issuing a decision on suspension of all religious activities of a religious organization or dependent religious organization, the decision-issuing state agency shall hand over the decision to:

a/ The religious organization or dependent religious organization subject to the suspension;

b/ The organization that establishes, divides, splits, merges or consolidates the dependent religious organization(s) subject to the suspension;

c/ The central-level state management agency in charge of belief and religion, in case the suspension decision is issued by a provincial-level People’s Committee;

dd/ The provincial-level People’s Committee of the locality where the head office of the religious organization or dependent religious organization is located, in case the suspension decision is issued by the central-level state management agency in charge of belief and religion.

7. Upon receiving the suspension decision, the religious organization or dependent religious organization shall discontinue all religious activities and remedy the violation that leads to the suspension during the period of suspension.

Article 13. Resumption of all religious activities of religious organizations and dependent religious organizations

1. The competent state agencies specified in Clause 4, Article 12 of this Decree shall inspect, make inspection records, and draw conclusions on the remediation of the violation that leads to the suspension of all religious activities of a religious organization or dependent religious organization in the following cases:

a/ During the period of suspension, the religious organization or dependent religious organization manages to remedy the violation that leads to the suspension and requests the resumption of religious activities;

b/ Within 30 days before the period of suspension of all religious activities expires.

2. In case a religious organization or dependent religious organization has remedied the violation that leads to the suspension, it may resume all religious activities; in case a religious organization or dependent religious organization cannot remedy the violation that leads to the suspension, it shall be dissolved according to Point c, Clause 1, Article 31 of the Law on Belief and Religion and Article 15 of this Decree.

Article 14. Order and procedures for dissolution of religious organizations and dependent religious organizations under their charters

1. A religious organization that dissolves itself or a religious organization or dependent religious organization that dissolves its dependent religious organization under its charter shall send a dossier of request to a competent state agency specified in Clause 4 of this Article.

2. A dossier of request must comprise:

a/ A written request clearly stating the name, representative and head office of the requesting organization; name, representative, head office and organizational structure of the to-be-dissolved dependent religious organization; reason for, and expected time of, the dissolution;

b/ A declaration of assets and finances;

c/ Methods of handling assets and finances and deadlines for payment of debts (if any);

d/ A list of dependent religious organizations.

3. A religious organization to be self-dissolved or dependent religious organization to be dissolved shall publish a notice of deadlines for payment of debts (if any) to related organizations and individuals:

a/ On 5 consecutive issues of a central daily printed newspaper or in 5 consecutive days on a central electronic newspaper, for religious organizations and dependent religious organizations operating in more than one province;

b/ On 5 consecutive issues of a local daily printed newspaper or in 5 consecutive days on a local electronic newspaper, for religious organizations and dependent religious organizations operating in one province.

4. Competence to approve the dissolution:

a/ For a religious organization or dependent religious organization operating in one province, the provincial-level People’s Committee shall approve the dissolution of the organization within 45 days from the deadline for payment of debts (if any) and liquidation of assets and finances stated in the organization’s notice, provided that there is no complaint; in case of disapproval of the dissolution, it shall issue a written reply, clearly stating the reason;

b/ For a religious organization or dependent religious organization operating in more than one province, the central-level state management agency in charge of belief and religion shall approve the dissolution of the organization within 45 days from the deadline for payment of debts (if any) and liquidation of assets and finances stated in the organization’s notice, provided that there is no complaint; in case of disapproval of the dissolution, it shall issue a written reply, clearly stating the reason.

5. For a self-dissolved religious organization, the time a competent state agency specified in Clause 4 of this Article approves the organization’s dissolution is the time the organization is required to return the original decision on recognition of religious organization and a public security agency’s document certifying that the organization has returned or destroyed its seal according to regulations.

6. In case a religious organization or dependent religious organization dissolves its dependent religious organization, within 5 working days after a competent state agency approves the dissolution, the managing religious organization or dependent religious organization shall dissolve the dependent religious organization and return to the competent state agency specified in Clause 4 of this Article the following documents:

a/ The original of the written approval of the establishment, division, splitting, merger or consolidation of the dependent religious organization(s), issued by a competent state agency;

b/ The original document on the establishment, division, splitting, merger or consolidation of the dependent religious organization(s), issued by the managing religious organization or dependent religious organization;

c/ A list of dependent religious organizations of the dissolved dependent religious organization;

d/ A certificate or written confirmation from the public security agency that the dissolved dependent religious organization has returned or destroyed its seal according to regulations.

7. Within 20 days after its dependent religious organization is dissolved, the managing religious organization or dependent religious organization shall send a notice of dissolution of the dependent religious organization to the competent state agency specified in Clause 4 of this Article.

The notice must clearly state the name, representative and head office of the requesting religious organization or dependent religious organization; name, representative and head office of the dissolved dependent religious organization; and time of the dissolution.

Article 15. Order and procedures for dissolution of religious organizations and dependent religious organizations under Points b and c, Clause 1, Article 31 of the Law on Belief and Religion

1. Sixty days before the projected date of dissolution of a religious organization or dependent religious organization under Points b or c, Clause 1, Article 31 of the Law on Belief and Religion, the central-level state management agency in charge of belief and religion, in case the to-be-dissolved organization operates in more than one province, or the concerned provincial-level People’s Committee, in case the to-be-dissolved organization operates in one province, shall notify the dissolution of the religious organization or dependent religious organization in writing to the religious organization or dependent religious organization managing the to-be-dissolved dependent religious organization and the to-be-dissolved dependent religious organization.

The notice must clearly state the name, representative, and head office of the dissolved religious organization or dependent religious organization; competent state agency or managing religious organization or dependent religious organization in charge of the dissolution; reason(s) for, and projected time of, the dissolution, enclosed with a conclusion of a state agency with the function of specialized inspection of belief and religion about the organization’s failure to remedy the violation leading to suspension of all religious activities, for the case specified at Point c, Clause 1, Article 31 of the Law on Belief and Religion.

2. Within 50 days after a competent state agency announces the dissolution of a religious organization or dependent religious organization in the case specified at Point b, Clause 1, Article 31 of the Law on Belief and Religion, the religious organization or dependent religious organization managing the to-be-dissolved organization shall send a written explanation to the competent state agency specified in Clause 1 of this Article.

Past 10 days from the deadline for explanation, if the religious organization or dependent religious organization fails to remedy the violation that leads to the suspension, the competent state agency shall issue a decision on dissolution of the religious organization or request the religious organization or dependent religious organization to dissolve its dependent religious organization.

3. Within 60 days after a competent state agency announces the dissolution of a religious organization or dependent religious organization in the case specified at Point c, Clause 1, Article 31 of the Law on Belief and Religion, the dissolved religious organization or dependent religious organization shall fulfill all property obligations prescribed in the civil law. Past the above-mentioned time limit, the competent state agency shall issue a decision on dissolution of the religious organization or request the religious organization or dependent religious organization to dissolve its dependent religious organization.

4. The competent state agency specified in Clause 1 of this Article shall issue a decision on dissolution of religious organization or dependent religious organization; annul and revoke the following documents:

a/ Decision on recognition of religious organization, in case of dissolution of religious organizations;

b/ Document approving the establishment, division, splitting, merger or consolidation of dependent religious organization(s), issued by a competent state agency; document on establishment, division, splitting, merger or consolidation of dependent religious organization(s) issued by the managing religious organizations or dependent religious organization, in case of dissolution of a dependent religious organization;

c/ List of dependent religious organizations;

d/ Document certifying or confirming the dissolved organization’s handover or destruction of its seal according to regulations, issued by a public security agency.

5. In case a religious organization or dependent religious organization dissolves its dependent religious organization at the request of a competent state agency, within 5 working days after receiving the request, the organization requested to dissolve its dependent religious organization shall hand over documents and notify the dissolution of its dependent religious organization under Clauses 6 and 7, Article 14 of this Decree.

Article 16. Suspension of training activities of religious training institutions

1. A religious training institution shall be subject to suspension of training activities when committing a serious violation in one of the cases specified in Clauses 4 and 5, Article 5 of the Law on Belief and Religion.

2. The decision-issuing agency shall base itself on the nature and severity of the religious training institution’s violation that leads to the suspension of training activities and the capability to remedy such violation to determine the period of suspension which must not exceed 24 months.

3. The decision on suspension of training activities of a religious training institution must be made in writing, specifying the name of the religious organization establishing the religious training institution; name, representative and head office of the religious training institution; reason for, and period of, the suspension; responsibility to remedy the violation that leads to the suspension.

4. The central-level state management agency in charge of belief and religion is competent to issue decisions on suspension of training activities of religious training institutions.

5. Before issuing a decision on suspension of training activities of a religious training institution, the central-level state management agency in charge of belief and religion shall inspect and make conclusions on the religious training institution’s commitment of a serious violation in one of the cases specified in Clauses 4 and 5, Article 5 of the Law on Belief and Religion.

6. Within 5 working days after issuing a decision on suspension of training activities of a religious training institution, the decision-issuing state agency shall hand over the decision to:

a/ The religious training institution subject to suspension of training activities;

b/ The religious organization establishing the religious training institution; and,

c/ The provincial-level People’s Committee of the locality where the head office of the religious training institution is located.

7. When receiving the suspension decision, the religious training institution shall discontinue all training activities and remedy the violation that leads to the suspension during the suspension period.

Article 17. Resumption of training activities of religious training institutions

1. The central-level state management agency in charge of belief and religion shall organize inspection, make inspection records, and issue conclusions on remediation of the violation that leads to suspension of training activities of a religious training institution in the following cases:

a/ The religious training institution has managed to remedy the violation that leads to the suspension in the suspension period and requests resumption of its training activities;

b/ Within 30 days before the expiration of the period of suspension of training activities.

2. Religious training institutions that have remedied the violations that lead to suspension of training activities may have their training activities resumed. In case religious training institutions fail to remedy the violations that lead to suspension of training activities, they shall be dissolved under Point c, Clause 1, Article 42 of the Law on Belief and Religion and Article 19 of this Decree.

Article 18. Order and procedures for dissolution of religious training institutions under religious organizations’ decisions

1. A religious organization that dissolves its religious training institution under its decision shall send a dossier of request for dissolution to the central-level state management agency in charge of belief and religion.

2. A dossier of request must comprise:

a/ A written request clearly stating the name, representative, and head office of the religious organization; name, representative, head office, and organizational structure of the religious training institution; reason(s) for, and the projected time of, the dissolution;

b/ A declaration of property and finances;

c/ Methods of handling property and finances and deadlines for payment of debts (if any); methods of handling the interests of trainees and related people.

3. A religious training institution shall publish a notice of deadlines for payment of debts (if any) to related organizations and individuals:

a/ On 5 consecutive issues of a central daily or in 5 consecutive days on a central electronic newspaper, in case the religious training institution operates in more than one province;

b/ On 5 consecutive issues of a local daily or in 5 consecutive days on a local electronic newspaper, in case the religious training institution operates in one province.

4. The central-level state management agency in charge of belief and religion shall allow the religious organization to dissolve its religious training institution within 45 days from the deadline for payment of debts (if any) and liquidation of property and finances stated in the organization’s notice, provided that there is no complaint; in case of disapproval, the central-level state management agency in charge of belief and religion shall issue a written reply, clearly stating the reason.

5. Within 5 working days after the dissolution of the religious training institution is approved, the religious organization shall dissolve its religious training institution and return to the central-level state management agency in charge of belief and religion the following documents:

a/ The original written approval of establishment of the religious training institution, issued by the competent state agency;

b/ The original document on the establishment of a religious training institution, issued by the religious organization;

c/ A public security agency’s document certifying or confirming the dissolved religious training institution’s handover or destruction of its seal according to regulations.

6. Within 20 days after its religious training institution is dissolved, the religious organization shall send a written notice of the dissolution to the central-level state management agency in charge of belief and religion. The notice must clearly state the name, representative, and head office of the religious organization; name, representative, and head office of the dissolved religious training institution; and time of the dissolution.

Article 19. Order and procedures for dissolution of religious training institutions under Points b and c, Clause 1, Article 42 of the Law on Belief and Religion

1. Sixty days before the projected date of dissolution of a religious training institution under Points b and c, Clause 1, Article 42 of the Law on Belief and Religion, the central-level state management agency in charge of belief and religion shall send a written notice of the dissolution of the religious training institution to the concerned religious organization or religious training institution.

The notice must clearly state the name, representative, and head office of the religious organization; name, representative, and head office of the dissolved religious training institution; the central-level state management agency in charge of belief and religion or the religious organization in charge of the dissolution; reason for, and projected time of, the dissolution, enclosed with the conclusion of the state agency with the function of specialized inspection of belief and religion on the religious training institution’s failure to remedy the violation that leads to the suspension of religious training activities, in the case specified at Point c, Clause 1, Article 42 of the Law on Belief and Religion.

2. Within 50 days after the central-level state management agency in charge of belief and religion notifies the dissolution in the case specified at Point b, Clause 1, Article 42 of the Law on Belief and Religion, the religious training institution shall send a written explanation to the central-level state management agency in charge of belief and religion.

Past 10 days after the deadline for explanation, if the religious training institution fails to remedy the violation that leads to the suspension, the central-level state management agency in charge of belief and religion shall issue a dissolution decision or request the religious organization to dissolve its religious training institution.

3. Within 60 days after the central-level state management agency in charge of belief and religion notifies of the dissolution, for the case specified at Point c, Clause 1, Article 42 of the Law on Belief and Religion, the dissolved religious training institution shall fulfil all property obligations prescribed in the civil law. Past the above-mentioned time limit, the central-level state management agency in charge of belief and religion shall issue a dissolution decision or request the religious organization to dissolve its religious training institution.

4. The central-level state management agency in charge of belief and religion shall issue a decision on dissolution of a religious training institution; annul and revoke the following documents:

a/ The written approval of establishment of the religious training institution, issued by a competent state agency;

b/ The original document on the establishment of the religious training institution, issued by the religious organization;

c/ The public security agency’s document certifying or confirming the religious training institution’s handover or destruction of its seal according to regulations.

5. In case a religious organization dissolves its religious training institution at the request of the central-level state management agency in charge of belief and religion, within 5 working days after receiving such request, the religious organization shall submit the documents and notify the dissolution of the religious training institution under Clauses 5 and 6, Article 18 of this Decree.

Article 20. Responsibility for announcing the suspension and resumption of activities, and dissolution of religious organizations, dependent religious organizations and religious training institutions in the mass media

1. The suspension or resumption of activities, or dissolution of a religious organization, dependent religious organization or religious training institution shall be publicly announced on the portal or website of the decision-making agency; one issue of a printed or electronic newspaper at the central level or of the locality where the head office of the religious organization, dependent religious organization or religious training institution is located within 15 days after the date of the suspension,  resumption or dissolution.

2. State agencies competent to suspend and resume activities of, and dissolve, religious organizations, dependent religious organizations and religious training institutions; religious organizations and dependent religious organizations having the right to dissolve dependent religious organizations shall make announcement according to Clause 1 of this Article. The to-be-announced contents include the name and head office of the organization or institution subject to suspension or entitled to resumption of activities or subject to dissolution; reasons for suspension, resumption or dissolution; time of suspension, resumption or dissolution.

Article 21. Termination of operation of religious organizations, dependent religious organizations and religious training institutions; the right to complaint of religious organizations, dependent religious organizations and religious training institutions upon suspension or dissolution

1. Religious organizations, dependent religious organizations and religious training institutions shall terminate their activities under dissolution decisions of competent state agencies.

2. If disagreeing with suspension or dissolution decisions of competent state agencies, religious organizations and dependent religious organizations subject to suspension from all religious activities under Article 12; religious training institutions subject to suspension of training activities under Article 16; religious organizations and dependent religious organizations subject to dissolution under Article 15; and religious training institutions subject to dissolution under Article 19, of this Decree may make complaints under the law on complaints. Pending the settlement of their complaints, these religious organizations, dependent religious organizations and religious training institutions may not carry out religious activities or religious training activities.

Article 22. Renovation, upgrading and building of belief, religious and auxiliary works

1. The repair, renovation and building of belief, religious and auxiliary works must comply with the construction law. Belief, religious and auxiliary works being historical-cultural relics, scenic places and works on the list of relics subject to inventory issued by local authorities must comply with the law on cultural heritages.

2. The determination of auxiliary works exempted from construction permit must comply with Clause 30, Article 1 of the June 17, 2020 Law No. 62/2020/QH14 Amending and Supplementing a Number of Articles of the Construction Law.

In case Construction Law No. 62/2020/QH14’s provisions on works exempted from construction permits are amended and supplemented, the determination of auxiliary works eligible from construction permit exemption must comply with the amended and supplemented documents.

Chapter IV

APPROVAL AND REGISTRATION OF ORDAINMENT, APPOINTMENT AND ELECTION AND NOMINATION INVOLVING FOREIGN ELEMENTS

Article 23. Order and procedures for approval of ordainment, appointment, election and nomination involving foreign elements in Vietnam

1. A religious organization whose believers, who are Vietnamese citizens, are expected to be ordained, appointed, elected or nominated as religious dignitaries or religious officers in Vietnam by foreign religious organizations shall send dossiers of request to the central-level state management agency in charge of belief and religion. Such a dossier of request must comprise:

a/ A written request clearly stating the name and head office of the requesting religious organization; name and head office of the foreign religious organization; reason for request; full name of the person expected to be ordained, appointed, elected or nominated; rank, position and geographical area under his/her charge before and after being ordained, appointed, elected or nominated;

b/ A brief report on the process of religious activities of the person expected to be ordained, appointed, elected or nominated;

c/ A curriculum vitae and criminal records certificate of the person expected to be ordained, appointed or elected.

2. Vietnam-based religious organizations that ordain or nominate foreigners lawfully residing in Vietnam to certain ranks or positions shall send dossiers of request to the central-level state management agency in charge of belief and religion. A dossier of request must comprise:

a/ A written request clearly stating the name and head office of the religious organization; reason for request; full name, the rank (if any) and citizenship of the person expected to be ordained or nominated; rank or position to which such person is expected to ordained or nominated; 

b/ A brief report on the process of religious activities of the person expected to be ordained or nominated;

c/ A graduation diploma issued by a religious training institution in Vietnam;

d/ A copy of the passport and the criminal records certificate or a paper confirming that the to-be-ordained or -nominated person is neither a criminal nor examined for penal liability, issued by a foreign authority or a copy thereof, that has been consularly legalized, except cases exempt from consular legalization under treaties to which Vietnam is a contracting party on the principle of reciprocity. In case the to-be-ordained or -nominated person has resided in Vietnam for more than 6 consecutive months, his/her criminal records certificate issued by Vietnam’s competent state agency is required.

3. The central-level state management agency in charge of belief and religion shall issue a written reply on the ordainment, appointment, election or nomination specified in Clauses 1 and 2 of this Article within 60 days after receiving a complete and valid dossier of request; in case of refusal, it shall issue a written reply, clearly stating the reason.

4. In case of ordainment, appointment, election or nomination involving foreign elements, pending the approval of the central-level state management agency in charge of belief and religion, the ordained, appointed, elected or nominated persons may not use the title which they are ordained, appointed, elected or nominated in religious activities in Vietnam.

Article 24. Order and procedures for registration of Vietnamese citizens who are ordained, appointed, elected or nominated overseas as religious dignitaries and religious officers

1. When a Vietnamese citizen who is ordained, appointed, elected or nominated overseas by a foreign religious organization returns to Vietnam to work as religious dignitary or religious officer, the religious organization or dependent religious organization that directly manages him/her shall send a dossier of registration to the central-level state management agency in charge of belief and religion.

2. A dossier of registration must comprise:

a/ A written registration clearly stating the name and head office of the religious organization or dependent religious organization; full name, geographical area under his/her charge, and rank and position, of the person registered overseas and in Vietnam;

b/ The curriculum vitae and criminal records certificate of the registered person;

c/ A brief report on overseas religious activities of the registered person;

d/ Documents proving the rank, position, and geographical area of operation of the person who is ordained, appointed, elected or nominated overseas.

3. The central-level state management agency in charge of belief and religion shall issue a written reply within 60 days after receiving a complete and valid registration dossier; in case of refusal, it shall issue a written reply, clearly stating the reason.

4. Vietnamese citizens registering as religious dignitaries or religious officers may carry out religious activities according to their ranks and positions after their registration is approved by the central-level state management agency in charge of belief and religion.

Chapter V

RAISING OF SUBSCRIPTIONS; RECEIPT AND MANAGEMENT OF DONATIONS FROM FOREIGN ORGANIZATIONS AND INDIVIDUALS; FORMS OF ORGANIZATION OF RELIGIOUS ACTIVITIES, RAISING OF SUBSCRIPTIONS AND RECEIPT OF DONATIONS

Article 25. Raising of subscriptions by belief establishments, religious organizations and dependent religious organizations

1. Belief establishments’ representatives or management boards, religious organizations and dependent religious organizations may raise subscriptions for belief or religious activities from domestic organizations and individuals on a voluntary basis in accordance with this Decree and relevant laws.

2. Belief establishments’ representatives or management boards, religious organizations and dependent religious organizations shall send to a competent state agency specified in Clause 3 of this Article a written notice of raising of subscriptions, specifying the purpose, area, method and time of raising of the subscriptions, and the method of managing and using assets contributed as subscriptions. 

3. Competence to receive notices:

a/ Five working days before organizing the raising of subscriptions, a belief establishment’s representative or management board, religious organization or dependent religious organization shall send a notice to the commune-level People’s Committee of the locality where the event is organized, in case of raising of subscriptions within a commune;

b/ Ten days before organizing the raising of subscriptions, a belief establishment’s representative or management board, religious organization or dependent religious organization shall send a notice to the district-level People’s Committee of the locality where the event is organized, in case of raising of subscriptions in more than one commune but within a district, town, or provincial/municipal city;

c/ Fifteen days before organizing the raising of subscriptions, a belief establishment’s representative or management board, a religious organization or dependent religious organization shall send a notice to the provincial-level People’s Committee of the locality where the event is organized, for cases other than those mentioned at Points a and b, Clause 3 of this Article.

4. The collection and spending of subscriptions by belief establishments’ representatives or management boards, religious organizations and dependent religious organizations must be recorded in writing, ensuring publicity and transparency. The assets contributed as subscriptions shall be managed and used according to the announced purposes or in service of belief or religious activities.

5. It is prohibited to abuse the names of belief establishments, religious organizations and dependent religious organizations to raise subscriptions for self-seeking purposes or in contravention of the purpose of the raising of subscriptions.

6. The competent state agencies specified in Clause 3 of this Article shall, when receiving a notice of raising of subscriptions, inspect the implementation of the contents specified in Clauses 1, 2, 4 and 5 of this Article.

7. In case a belief establishment’ representative or management board, religious organization or dependent religious organization raises subscriptions in contravention of this Article, the competent state agency that has received the notice of raising of subscriptions shall issue a request for cessation of the receipt and use of the assets contributed as subscriptions and handle the case in accordance with law.

8. Belief establishments’ representatives or management boards, religious organizations and dependent religious organizations that raise subscriptions for social charity activities shall comply with the Government’s regulations on mobilization, receipt, distribution and use of voluntary contributions for remediation of disasters, epidemics and incidents and support for patients with fatal diseases, and relevant laws.

Article 26. Religious organizations and dependent religious organization that receive and manage donations from foreign organizations and individuals in support of religious training and further training for full-time religious activists; repair, renovation, upgrading and construction of religious establishments; organization of religious rituals or ceremonies; and publishing and import of scriptures and religious cultural products and articles

1. Religious organizations and dependent religious organizations that receive and manage donations from foreign organizations and individuals in support of religious training and further training for full-time religious activists; repair, renovation, upgrading and construction of religious establishments; organization of religious rituals or ceremonies; and publishing and import of scriptures and religious cultural products and articles shall ensure publicity, transparency, conformity with the set purposes and compliance with this Article and relevant laws. Religious organizations and dependent religious organizations shall take responsibility before law for the receipt and management of donations.

2. Twenty days before receiving a donation, a religious organization or dependent religious organization operating in more than one province shall send a notice thereof to the central-level state management agency in charge of belief and religion; a religious organization or dependent religious organization operating in one province shall send a notice thereof to the provincial-level specialized agency in charge of belief and religion.

3. Such notice must clearly state the name of the donation-receiving religious organization or dependent religious organization; representative and head office of the religious organization or dependent religious organization; name and head office of the foreign institutional donor or full name and citizenship of the foreign individual donor; purpose of receiving the donation; time and method of receiving the donation; form of donation (in cash or in kind), donation value (in Vietnam dong); estimated time for use of the donation; method for management and use of the donation; and information on the beneficiary account. The notice shall be enclosed with the foreign donor’s written commitments on the origin of the donation regarding the fulfillment of tax obligations and compliance with the law of the host country before the donation is made.

4. Within 20 days after completing the receipt of a donation (in kind) and use of donation (in cash), the donation-receiving religious organization or dependent religious organization shall send the report on use of the donation to the competent state agency specified in Clause 2 of this Article. The report must clearly state the amount spent and time of spending (for a donation in cash), and other contents stated in the notice specified in Clause 3 of this Article. For donations that are received and used in a period exceeding 12 months from the date of receipt, the religious organization or dependent religious organization shall send annual reports on the use of the donation to the competent state agency specified in Clause 2 of this Article.

5. Before November 30 every year, provincial-level specialized agencies in charge of belief and religion shall report on the receipt and management of donations by religious organizations or dependent religious organizations operating in their localities to the central-level state management agency in charge of belief and religion.

6. The competent state agency specified in Clause 2 of this Article shall, when receiving a notice of receipt of donations from a religious organization or dependent religious organization, carry out inspection in accordance with Clauses 1, 2, 3 and 4 of this Article.

7. In case a religious organization or dependent religious organization receives, manages and uses donations in contravention with this Article and relevant laws, the competent state agency that has received the organization’s notice of receipt of donations shall issue a request for cessation of receipt, management and use of donations and handle the case in accordance with law.

8. The donations specified in this Article shall not be treated as foreign aid provided to the State or Government of the Socialist Republic of Vietnam or to agencies or organizations lawfully established in Vietnam in accordance with the law on foreign non-refundable aid to Vietnam.

Article 27. Forms of organization of religious activities, raising of subscriptions and receipt of donations

1. In case of changing the form of organization of a religious activity, raising of subscriptions and receipt of donations that has been notified to, registered with, or approved by, competent state agencies in accordance with the Law on Belief and Religion and this Decree from offline to online or combined online-and-offline event, the organizer shall send a notice thereof to a competent state agency within 5 working days before organizing the event.

2. For religious activities, raising of subscriptions and receipt of donations which have not been notified to, registered with, or submitted to competent state agencies, if choosing the form of online or combined online-and-offline event to organize such events, organizers shall proceed with the order and procedures specified in corresponding articles and clauses of the Law on Belief and Religion and this Decree.

3. Religious activities, raising of subscriptions and receipt of donations which are carried out in the form of online or combined online-and-offline event must comply with the Constitution, the Law on Belief and Religion, this Decree, regulations on information and communications, and relevant laws.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 28. Receipt of dossiers

1. Organizations and individuals shall, when carrying out administrative order and procedures specified in the Law on Belief and Religion and this Decree, submit a dossier to a competent state agency, specifically as follows:

a/ To hand-deliver the dossier at the single-window division of the competent state agency;

b/ To submit the dossier online via the public service portal of the competent state agency; or,

c/ To send the dossier using the public postal service or a service provided by an enterprise or individual or through authorization in accordance with law.

2. Notification of dossier receipt:

a/ In case the dossier is hand-delivered at the single-window division of the competent state agency, the dossier-receiving civil servant shall hand over a slip of receipt of dossier for settlement of belief- and religion-related administrative procedures to the dossier submitter and make a copy thereof for archive;

b/ In case the dossier is sent via the public service portal of the competent state agency, the dossier-receiving civil servant shall send a notice of receipt of dossier or instructions for dossier supplementation to the dossier submitter via email or text message;

c/ In case the dossier is sent via the public postal service or a service provided by an enterprise or individual or through authorization in accordance with law, the dossier-receiving civil servant shall hand over a slip of receipt of dossier for settlement of belief- and religion-related administrative procedures to the dossier submitter and make a copy thereof for archive;

d/ The person assigned by an agency, organization or individual to submit the dossier must produce a letter of introduction or authorization, together with his/her valid citizen’s identity card or people’s identity card or passport.

3. In case the dossier is invalid, the state competent agency shall instruct the dossier submitter to complete it in accordance with law. The time for dossier completion shall not be included in the time limit for making a reply.

4. When carrying out the order and procedures specified in the Law on Belief and Religion and this Decree, in case the documents and papers included in dossiers for settlement of such procedures are copies, related organizations and individuals shall produce the originals thereof to competent state agencies for collation.

5. The period from the date of issuance of the criminal records certificates specified in the Law on Belief and Religion and this Decree by competent state agencies and the date of dossier submission must not exceed 6 months.

Article 29. Forms used in the field of belief and religion

1. To promulgate together with the Decree the List of forms used in the field of belief and religion.

 2. Related agencies, organizations and individuals shall use the forms in the field of belief and religion promulgated together with this Decree.

Article 30. Transitional provisions

1. Transitional provisions for Clauses 1 and 2, Article 3 of this Decree:

The renovation, upgrading and reconstruction of works related to belief and religion that have been in existence before the effective date of this Decree must comply with the following regulations:

a/ For works managed by residential communities, when renovating, upgrading or reconstructing them, the residential communities’ representatives shall act as the representatives of the project owners for carrying out relevant procedures in accordance with the regulations on renovation, upgrading and construction of works as for belief and religion works;

b/ For works managed by organizations possessing a religious activity registration certificate, when renovating and upgrading them, the organizations’ representatives shall act as the representatives of the project owners for carrying out relevant procedures in accordance with the regulations on renovation and upgrading of works as for religious works.

2. Cases in which competent state agencies has received dossiers for settlement of belief- and religion-related administrative procedures before the effective date of this Decree must continue complying with the Government’s Decree No. 162/ 2017/ND-CP of December 30, 2017, detailing a number of articles of, and measures to implement, the Law on Belief and Religion.

3. The provisions on receipt of donations of religious organizations and dependent religious organizations specified in Article 26 of this Decree shall apply from the effective date of this Decree.

Article 31. Responsibilities of the Ministry of Home Affairs and related agencies

1. The Ministry of Home Affairs shall act as the central-level state management agency in charge of belief and religion and take responsibility before the Government for performing the state management of religion, belief activities and belief establishments other than those specified in Clause 2 of this Article.

2. The Ministry of Culture, Sports and Tourism shall take responsibility before the Government for performing the state management of belief festivals and belief establishments that are historical-cultural relics and scenic places ranked or included in the list of relics subject to inventory of localities by provincial-level People’s Committees. 

3. Related ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, assist the Government in performing the state management of belief and religion.

4. In the course of implementing the Law on Belief and Religion and this Decree, for cases falling within the competence of the Ministry of Home Affairs, the Government Committee for Religious Affairs (under the Ministry of Home Affairs) shall receive dossiers and assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, advising, reporting thereon to, the Minister of Home Affairs for decision, or in making decision thereon as delegated or authorized by the Minister of Home Affairs. For cases falling within the competence of People’s Committees at all levels, specialized agencies in charge of belief and religion of the same level shall receive dossiers and assume the prime responsibility for, and coordinate with related agencies in, advising, and reporting thereon to, the concerned People’s Committees for decision, or in making decision thereon as delegated or authorized by the People’s Committees, except the organization of belief festivals; and management and use of the proceeds from organization of belief festivals specified in Articles 13, 14 and 15 of the Law on Belief and Religion.

Article 32. Effect

1. This Decree takes effect on March 30, 2024.

2. The Government’s Decree No. 162/2017/ND-CP of December 30, 2017, detailing a number of articles of, and measures to implement, the Law on Belief and Religion, ceases to be effective on the effective date of this Decree, except the case specified in Clause 2, Article 30 of this Decree.

Article 33. Implementation responsibility

1. The Ministry of Home Affairs shall assume the prime responsibility for, and coordinate with related ministries and sectors in, guiding, urging and organizing the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN LUU QUANG

* The Appendix to this Decree is not translated.