Decree No. 162/2017/ND-CP dated December 30, 2017 of the Government on detailing a number of articles of the Law on Belief and Religion and prescribing measures for its implementation

DECREE

Detailing a number of articles of the Law on Belief and Religion and prescribing measures for its implementation[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;

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

At the proposal of the Minister of Home Affairs;

The Government promulgates the Decree detailing a number of articles of the Law on Belief and Religion and prescribing measures for its implementation.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details a number of articles of the Law on Belief and Religion (below referred to as the Law) regarding the right to use scriptures and to manifest belief and religious faith of persons held in custody or temporary detention in accordance with the law on custody and temporary detention; persons who are serving imprisonment sentences; persons who are serving the measure of consignment to a reformatory, compulsory education institution or compulsory drug rehabilitation establishment; the order and procedures for grant of non-commercial legal person registration to dependent religious organizations; the order and procedures for dissolution of religious organizations and dependent religious organizations; the order and procedures for approval and registration for ordainment, appointment and election involving foreign elements; the receipt and management by religious organizations and dependent ones of financial donations from foreign organizations and individuals; and the fund raising by belief establishments, religious organizations and dependent religious organizations, and prescribes measures for implementation of the Law.

Article 2.Subjects of application

This Decree applies to agencies, organizations and individuals in the assurance and exercise of the right to freedom of belief and religion in accordance with the Law.

Article 3.Interpretation of terms

1. Belief work means a work built for use for belief.

2. Religious work means a work built for religious practice, as a religious monument, stele or tower.

3. Auxiliary work means a work not used for worshiping of a belief or religious establishment, including residential house, guest house, dining hall, kitchen and surrounding fence of a belief or religious establishment and similar works.

Chapter II

USE OF SCRIPTURES, MANIFESTATION OF BELIEF AND RELIGIOUS FAITH; CHANGE OF REPRESENTATIVES AND PLACES OF COLLECTIVE RELIGIOUS PRACTICE; CHANGE OF NAMES AND HEAD OFFICES OF RELIGIOUS ORGANIZATIONS AND DEPENDENT ONES

Article 4.Use of scriptures, manifestation of belief and religious faith under Clause 5, Article 6 of the Law

1. Persons held in custody or temporary detention in accordance with the law on custody and temporary detention; persons who are serving imprisonment sentences; and persons who are serving the measure of consignment to a reformatory,  compulsory education institution or compulsory drug rehabilitation establishment (below referred to as managed or detained persons) may use lawfully distributed, printed scriptures to meet their individual belief or religious practice needs and manifest their belief or religion faith through words or acts in accordance with regulations on temporary detention houses and centers, prisons, reformatories, compulsory education institutions and compulsory drug rehabilitation establishments (below referred to as management and detention facilities).

2. The use of scriptures and manifestation of belief and religious faith of persons managed or detained at management or detention facilities must neither affect others’ right to freedom of belief and religion and right to freedom of non-belief or non-religion nor contravene relevant laws.

3. The Ministry of Public Security, Ministry of National Defense and Ministry of Labor, War Invalids and Social Affairs shall guide the management of scriptures, and time and places for using scriptures and manifesting belief and religious faith for persons managed or detained at management or detention facilities.

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 place where it carries out collective religious practice.

Such registration dossier must comprise:

a/ A registration paper specifying the name of the religious organization or organization possessing a religious practice registration certificate; name of the religion; name of the group, full names and places of residence of the old and new representatives of the group; and reason for and expected time of the change;

b/ A resume of the new representative;

c/ The written approval of the religious organization or organization possessing a religious practice registration certificate of the change of the representative for the collective religious practice group registered by such organization;

d/ The minutes of the meeting that elected or appointed the new representative (if any).

2. Within 15 days after receiving a complete and valid dossier, the commune-level People’s Committee shall issue a written reply; in case of refusal, it shall issue a written reply specifying the reason.

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

1. Before moving to another place for collective religious practice within the same commune, the representative of a collective religious practice group shall send a dossier of request for changing the place of collective religious practice to the commune-level People’s Committee.

Such dossier must comprise:

a/ A written request specifying the name of the religious organization or organization possessing a religious practice registration certificate; name of the religion; name of the group, full name of the representative of the group; reason for and expected time of the change; and the current and expected new places of religious practice;

b/ Papers proving the new lawful place for religious practice;

c/ The written approval of the religious organization or organization possessing a religious practice registration certificate of the change of the place of religious practice, for the religious practice group registered by such organization.

2. Before moving to another place for collective religious practice located in another commune, the representative of a collective religious practice group shall send a dossier of request for changing the place of collective religious practice to the commune-level People’s Committee of the new place.

A dossier of request must comply with Clause 1 of this Article and be enclosed with a certified copy of the written approval of collective religious practice registration by the commune-level People’s Committee of the old place of collective religious practice.

3. Competence to approve change of places of collective religious practice:

a/ Within 15 days after receiving a complete and valid dossier of request, the commune-level People’s Committee of the expected new place for collective religious practice as defined in Clause 1 of this Article shall issue a written reply on the change of the place; in case of disapproval, it shall issue a written reply specifying the reason;

b/ Within 5 working days after receiving a complete and valid dossier of request, the commune-level People’s Committee of the expected new place for collective religious practice as defined in Clause 2 of this Article shall consult the district-level People’s Committee.

Within 10 days after receiving the commune-level People’s Committee’s valid consultation document, the district-level People’s Committee shall issue a written reply. Within 5 working days after receiving the opinion from the district-level People’s Committee, the commune-level People’s Committee shall issue a written reply on the change; in case of disapproval, it shall issue a written reply specifying the reason.

4.  Within 10 days after obtaining the approval of the new place, the collective religious practice group shall stop religious practice at the old place and send a written notice thereof to the commune-level People’s Committee of the old place. In case the group moves to a new place of religious place in another commune, its representative shall also enclose the above-said notice with a certified copy of the written approval of the commune-level People’s Committee of the new place of collective religious practice.

Such notice must specify the name of the religious organization or organization possessing a religious practice registration certificate; name of the group; full name of the representative of the group; time of moving; address of the new place of collective religious practice; and time of stopping religious practice at the old place.

Article 7.Order and procedures for renaming religious or dependent religious organizations

1. Before changing its name or the name of its dependent religious organization, a religious organization shall send a written request to a competent state agency prescribed in Clause 2 of this Article.

Such request must specify the name, head office and representative of the religious organization; the old and new names of the religious organization or its dependent  religious organization, and reason for and expected time of the renaming, enclosed with a certified copy of a competent state agency’s decision recognizing the religious organization, in case of renaming a religious organization; or certified copies of a competent state agency’s written approval of the establishment, division, splitting, merger or consolidation of the dependent religious organization, and of the managing religious organization’s or dependent religious organization’s document on the establishment, division, splitting, merger or consolidation of the dependent religious organization, in case of renaming a dependent religious organization.

2. Competence to approve the renaming of religious or dependent religious organizations:

a/ Within 30 days after receiving a valid written request, the provincial-level People’s Committee shall issue a written reply on the renaming of a religious or dependent religious organization that operates within its province; in case of disapproval, it shall issue a written reply specifying the reason;

b/ Within 30 days after receiving a valid written request, the central state management agency in charge of belief and religion shall issue a written reply on the renaming of a religious or dependent religious organization that operates in more than one province; in case of disapproval, it shall issue a written reply specifying the reason.

Article 8.Order and procedures for relocation of head offices of religious or dependent religious organizations

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

A dossier of request must comprise:

a/ A written request specifying the name, head office and representative of the religious or dependent religious organization; reason for and expected time of the relocation; the current and new head offices of the religious organization or dependent one;

b/ A certified copy of the decision recognizing the religious organization, in case of a religious organization moving to a new head office in another province; or certified copies of a competent state agency’s written approval of the establishment, division, splitting, merger or consolidation of the dependent religious organization and of the managing religious organization’s or  dependent religious organization’s document on the establishment, division, splitting, merger or consolidation of the dependent religious organization, in case of a dependent religious organization moving to a new head office in another province;

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

d/ Papers approving the lawful ownership of the place for opening the new head office.

2. Within 30 days after receiving a valid dossier of request, the provincial-level People’s Committee of the locality where the new head office is to be located shall issue a written reply on the relocation of the head office of a religious or dependent religious organization that operates in more than one province; in case of disapproval, it shall issue a written reply specifying the reason.

3.  Within 10 days after moving to the new head office, the religious or dependent religious organization referred to in Clause 1 of this Article shall send a written notice of the relocation of its head office to the central state management agency in charge of belief and religion and the provincial-level People’s Committee of the locality where the old head office is located.

Such notice must specify the name of the religious or dependent religious organization; full name of its representative; reason for and time of the relocation; and the addresses of the old and new head offices, 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.

4. A religious or dependent religious organization that operates within a province shall, when wishing to relocate its head office, send a dossier of request as prescribed at Points a, c and d, Clause 1 of this Article to the provincial-level People’s Committee.

Within 30 days after receiving a complete and valid dossier of request, the provincial-level People’s Committees shall issue a written reply on the relocation of the head office of the religious organization or dependent one that operates within its province; in case of disapproval, it shall issue a written reply specifying the reason.

Chapter III

GRANT OF NON-COMMERCIAL LEGAL PERSON REGISTRATION; DISSOLUTION OF RELIGIOUS OR DEPENDENT RELIGIOUNS ORGANIZATIONS AND RELIGIOUS TRAINING INSTITUTIONS; BELIEF WORKS, RELIGIOUS WORKS AND AUXILIARY WORKS

Article 9.Order and procedures for grant of non-commercial legal person registration to dependent religious organizations

1. A religious organization applying for grant of non-commercial legal person registration for its dependent religious organization shall send a dossier of request to a competent state agency prescribed in Clause 2 of this Article.

Such dossier of request must comprise:

a/ A written request specifying the name, head office and representative of the religious organization; name, head office, geographical area of operation, organizational structure, numbers of believers, dignitaries and religious officers and clergypersons at the time of request; and full name of the representative of the dependent religious organization requested for registration;

b/ A summary of the religious practice process of the dependent religious organization since the time of its establishment, division, splitting, merger or consolidation;

c/ A list, resumes, criminal records and summaries of the religious activity process of the representative and leaders of the dependent religious organization;

d/ A declaration and papers proving the lawfulness of the property of the dependent religious organization;

dd/ The charter or similar document of the dependent religious organization.

2. Competence to grant non-commercial legal person registration

a/ Within 60 days after receiving a complete and valid dossier of request, the provincial-level People’s Committee shall grant non-commercial legal person registration to a dependent religious organization that operates within its province; in case of refusal, it shall issue a written reply specifying the reason;

b/ Within 60 days after receiving a complete and valid dossier of request, the central state management agency in charge of belief and religion shall grant non-commercial legal person registration to a dependent religious organization that operates in more than one province; in case of refusal, it shall issue a written reply specifying the reason.

Article 10.Order and procedures for dissolution of religious or dependent religious organizations according to their charters

1. A religious organization that self-dissolves or a religious organization or dependent religious organization that dissolves its dependent religious organization according to its charter shall send a dossier of request for dissolution to a competent state agency prescribed in Clause 3 of this Article.

Such dossier of request must comprise:

a/ A written request specifying the name and head office of the requesting organization; name and head office of the dependent religious organization to be dissolved; and reason for and expected time of the dissolution;

b/ A declaration of property and finance;

c/ The method of handling property and finance and time limit for payment of debts (if any);

d/ A list of dependent religious organizations.

2. A religious organization that self-dissolves or a dependent religious organization that is dissolved shall announce the time limit for payment of debts (if any) to related organizations and individuals in accordance with law on 5 consecutive issues of a central print or online newspaper, for religious or dependent religiouns organizations that operate in more than one province, or of a local print or online newspaper, for religious or dependent religiouns organizations that operate within one province.

3. Competence to approve dissolution:

a/ The provincial-level People’s Committee shall approve dissolution of a religious or dependent religiouns organization that operates in its province within 45 days after the deadline for payment of debts (if any) and liquidation of property and finance stated in such organization’s announcement and no complaint is filed; in case of disapproval, it shall issue a written reply specifying the reason;

b/ The central state management agency in charge of belief and religion shall approve dissolution of a religious or dependent religiouns organization that operates in more than one province within 45 days after the deadline for payment of debts (if any) and liquidation of property and finance stated in such organization’s announcement and no complaint is filed; in case of disapproval, it shall issue a written reply specifying the reason.

4. For a self-dissolving religious organization, when the competent state agency prescribed in Clause 3 of this Article approves its dissolution, the religious organization shall return the original of its recognition decision and the public security agency’s certificate of the organization’s return or destruction of its seal under regulations.

5. For a religious organization or a dependent religious organization that dissolves its dependent religious organization, within 5 working days after a competent state agency approves the dissolution, the religious organization or dependent religious organization shall dissolve its dependent religious organization and return to the competent state agency prescribed in Clause 3 of this Article the following papers:

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

b/ The original of the directly managing religious organization’s or dependent religious organization’s document on the establishment, division, splitting, merger or consolidation of the dependent religious organization;

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

d/  The public security agency’s certificate or written certification of the dissolved dependent religious organization’s return or destruction of its seal under regulations.

6. Within 20 days after the dependent religious organization is dissolved, its directly managing religious organization or dependent religious organization shall send a written notice of the dissolution to the competent state agency prescribed in Clause 3 of this Article.

Such notice must specify the name, head office and full name of the representative of the requesting religious or dependent religiouns organization; the name, head office and full name of the representative of the dissolved religious or dependent religiouns organization; and time of the dissolution.

Article 11.Order and procedures for dissolution of religious and dependent religiouns organizations under Points b and c, Clause 1, Article 31 of the Law

1. Sixty days before the expected date of dissolution of a religious or dependent religiouns organization under Point b or c, Clause 1, Article 31 of the Law, the central state management agency in charge of belief and religion shall issue a written notice of the dissolution of the religious or dependent religiouns organization that operates in more than one province; or the provincial-level People’s Committee shall issue a written notice of the dissolution of the religious or dependent religiouns organization that operates within its province, to the managing religious organization or dependent religious organization and the dependent religious organization to be dissolved.

Such notice must specify the name, head office and full name of the representative of the dissolved religious or dependent religiouns organization; the competent state agency or managing religious or dependent religiouns organization responsible for organizing the dissolution; and reason for and  expected time of the dissolution, enclosed with the conclusion of the state agency in charge of belief- and religion-related inspection that the organization in question fails to remedy the cause of the suspension of all of its religious activities in the case prescribed at Point c, Clause 1, Article 31 of the Law.

2. Within 50 days after the competent state agency issues a notice of the dissolution in the case prescribed at Point b, Clause 1, Article 31 of the Law, the managing religious or dependent religiouns organization shall send a written explanation to the competent state agency prescribed in Clause 1 of this Article.

After 10 days since the deadline for explanation, if the to-be-dissolved religious or dependent religiouns organization cannot remedy the cause of its dissolution, the competent state agency shall issue a decision to dissolve it or request the managing religious or dependent religiouns organization to dissolve its dependent religious organization.

3. Within 60 days after the competent state agency issues a notice of the dissolution in the case prescribed at Point c, Clause 1, Article 31 of the Law, the dissolved religious or dependent religiouns organization shall fulfill its property-related obligations in accordance with the civil law. After this time limit, the competent state agency shall issue a decision to dissolve the religious organization or request the religious or dependent religiouns organization to dissolve its dependent religious organization.

4. The competent state agency prescribed in Clause 1 of this Article shall issue a decision to dissolve the religious or dependent religiouns organization; and annul and revoke:

a/ The religious organization recognition decision, in case of dissolving a religious organization;

b/ The competent state agency’s written approval of the establishment, division, splitting, merger or consolidation of the dependent religious organization; and the managing religious organization’s or dependent religious organization’s document on the establishment, division, splitting, merger or consolidation of the dependent religious organization, in case of dissolving a dependent religious organization;

c/ A list of dependent religious organizations.

5. In case a religious organization or dependent religious organization dissolves its dependent one at the request of a competent state agency, within 5 working days after receiving the request, the organization dissolving its dependent religious organization shall return the papers specified in Clause 5, and issue a notice of the dissolution according to Clause 6, Article 10 of this Decree.

Article 12.Order and procedures for dissolution of religious training institutions under decisions of religious organizations

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

Such dossier must comprise:

a/ A written request specifying the name and head office of the religious organization and the name, head office and organizational structure of the religious training institution; and reason for and expected time of the dissolution;

b/ A declaration of property and finance;

c/ Method of handling property and finance and time limit for payment of debts (if any); and methods of settling interests of trainees and related persons;

2. The religious training institution shall announce the time limit for payment of debts (if any) to related organizations and individuals in accordance with law on five consecutive issues of a central print or online newspaper, for religious training institutions that operate in more than one province, or of a local print or online newspaper, for religious training institutions that operate within one province.

3. The central state management agency in charge of belief and religion shall approve the religious organization’s dissolution of its religious training institution within 45 days after the deadline for payment of debts (if any) and liquidation of property and finance stated in such organization’s announcement and no complaint is filed; in case of disapproval, it shall issue a written reply specifying the reason.

4. Within 5 working days after obtaining the approval of dissolution of its religious training institution, the religious organization shall dissolve its religious training institution and return to the central state management agency in charge of belief and religion the original of the competent state agency’s written approval of the establishment of the religious training institution and the original of the religious organization’s document on the establishment of the religious training institution, and the public security agency’s certificate or written certification of the dissolved religious training institution’s return or destruction of its seal under regulations.

5. Within 20 days after the date of dissolution of the religious training institution, the religious organization shall send a written notice of the dissolution to the central state management agency in charge of belief and religion.

Such notice shall specify the name and head office of the religious organization, and the name, head office and representative of the dissolved religious training institution and time of the dissolution.

Article 13.Order and procedures for dissolution of religious training institutions under Points b and c, Clause 1, Article 42 of the Law

1. Sixty days before the expected date of dissolution of a religious training institution under Point b or c, Clause 1, Article 42 of the Law, the central state management agency in charge of belief and religion shall issue a written notice of the dissolution of the religious training institution to the religious organization and the religious training institution.

Such notice must specify the name, head office and full name of the representative of the religious organization; the name, head office and full name of the representative of the dissolved religious training institution; the central state management agency in charge of belief and religion or the religious organization responsible for organizing the dissolution; and reason for and expected time of the dissolution, enclosed with the conclusion of the state agency in charge of belief- and religion-related inspection that the religious training institution fails to remedy the cause of suspension of its religious training activities in the case prescribed at Point c, Clause 1, Article 42 of the Law.

2. Within 50 days after the central state management agency in charge of belief and religion issues a notice of the dissolution in the case prescribed at Point b, Clause 1, Article 42 of the Law, the religious training institution shall send a written explanation to this agency.

After 10 days since the deadline for explanation, if the religious training institution cannot remedy the cause of its dissolution, the central state management agency in charge of belief and religion shall issue a decision to dissolve it or request the religious organization to dissolve the religious training institution.

3. Within 60 days after the central state management agency in charge of belief and religion issues a notice of the dissolution in the case prescribed at Point c, Clause 1, Article 42 of the Law, the dissolved religious training institution shall fulfill its property-related obligations in accordance with the civil law. After this time limit, the central state management agency in charge of belief and religion shall issue a decision to dissolve it or request the religious organization to dissolve the religious training institution.

4. The central state management agency in charge of belief and religion shall issue a decision to dissolve the religious training institution, and annul and revoke the competent state agency’s written approval of the establishment of the religious training institution and the original of the religious organization’s document on the establishment of the religious training institution.

5. In case a religious organization dissolves its religious training institution at the request of the central state management agency in charge of belief and religion, within 5 working days after receiving the request, the religious organization dissolving its religious training institution shall return the papers specified in Clause 4 of this Article and issue a notice of the dissolution according to Clause 5, Article 12 of this Decree.

Article 14.Responsibility to announce in the mass media the dissolution of religious organizations, dependent religious organizations and religious training institutions

1. Within 15 days after the dissolution of a religious organization, a dependent religious organization or a religious training institution, it shall be publicly announced on three consecutive issues of a central print or online newspaper or a print or online newspaper of the locality where the head office of the religious organization, dependent religious organization or religious training institution is located.

2. The competent state agency and the religious or dependent religiouns organization that is responsible for organizing the dissolution shall make the public announcement under Clause 1 of this Article.

Article 15.Termination of operation, the right to complain of dissolved religious organizations, dependent religious organizations and religious training institutions

1. A religious organization, dependent religious organization or religious training institution shall terminate operation from the date a competent state agency decides on its dissolution.

2. A religious organization, dependent religious organization or religious training institution that is dissolved under Article 11 or 13 of this Decree but disagrees with the dissolution decision of a competent state agency has the right to lodge a complaint in accordance with the law on complaints. Pending the settlement of its complaint, such organization or institution may not carry out religious or religious training activities.

Article 16.Renovation, upgrading and construction of belief works, religious works and auxiliary works

1. The renovation, upgrading and construction of auxiliary works must comply with Clauses 2 and 3, Article 58 of the Law.

2. When renovating or installing equipment inside a belief work or religious work other than ranked historical-cultural relic or scenic place without changing the force-bearing structure and utilities and affecting the environment and safety of the work, no construction license is required.

Chapter IV

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

Article 17.Order and procedures for approval of the ordainment, appointment and election involving foreign elements in Vietnam

1. A religious organization having a Vietnamese citizen-believer expected to be ordained, appointed or elected by a foreign religious organization as a dignitary or religious officer in Vietnam shall send a dossier of request for approval of the ordainment, appointment or election to the central state management agency in charge of belief and religion.

Such dossier must comprise:

a/ A written request specifying the name and head office of the requesting religious organization; the name and head office of the foreign religious organization; reason for request; full name of the person expected to be ordained, appointed or elected; the religious title, position and geographical area under the charge of such person before and after the ordainment, appointment or election;

b/ A summary of the religious activity process of the person expected to be ordained, appointed or elected;

c/ The resume and criminal record of the person expected to be ordained, appointed or elected.

2. A religious organization in Vietnam that wishes to ordain or elect a religious title to a foreigner lawfully residing in Vietnam shall send a dossier of request for approval of the ordainment or election to the central state management agency in charge of belief and religion.

Such dossier must comprise:

a/ A written request specifying the name and head office of the religious organization; reason for request; full name, religious title (if any) and nationality of the foreigner expected to be ordained or elected; and the religious title expected to be ordained or elected;

b/ A summary of the religious activity process of the foreigner expected to be ordained or elected;

c/ The graduation diploma awarded by a Vietnam-based religious training institution;

d/ A copy of the passport, the original or a certified copy of the criminal record or written certification that the foreigner expected to be ordained or elected is neither a criminal nor being examined for penal liability granted by a competent foreign authority, which has been consularly legalized, except cases in which consular legalization is exempted under a treaty to which Vietnam is a contracting party on the principle of reciprocity. For a foreigner who has resided in Vietnam for more than 6 consecutive months, there must be also the original criminal record granted by a competent Vietnamese state agency.

3. The central state management agency in charge of belief and religion shall issue a written reply on the ordainment, appointment or election prescribed in Clause 1 or 2 of this Article within 60 days after receiving a complete and valid dossier; in case of disapproval, it shall issue a written reply specifying the reason.

4. A person who is ordained, appointed or elected in cases involving foreign elements not yet approved by the central state management agency in charge of belief and religion may not use his/her ordained, appointed or elected title to carry out religious activities in Vietnam

Article 18.Order and procedures for registration to work as dignitaries or religious officers for Vietnamese citizens who are ordained, appointed or elected overseas

1. When a Vietnamese citizen who is ordained, appointed or elected overseas by a foreign religious organization returns to Vietnam to work as a dignitary or religious officer for a religious organization or dependent one, this religious organization shall send a dossier of registration to the central state management agency in charge of belief and religion.

Such dossier must comprise:

a/ A written request for registration specifying the name and head office of the religious organization or dependent one; full name, geographical area under the charge, religious title and position of the person registered overseas and in Vietnam;

b/ The resume and criminal record of the applicant;

c/ A summary of the overseas religious activity process of the applicant;

d/ The document proving the religious title, position and geographical area under the charge of the person who is ordained, appointed or elected overseas.

2. The central state management agency in charge of belief and religion shall issue a written reply within 60 days after receiving a complete and valid dossier; in case of disapproval, it shall issue a written reply specifying the reason.

3. A Vietnamese citizen registering to work as a dignitary or religious officer may carry out religious activities according to his/her religious title and position only after his/her registration is approved by the central state management agency in charge of belief and religion.

Chapter V

FUND RAISING; RECEIPT AND MANAGEMENT OF FINANCIAL DONATIONS FROM FOREIGN ORGANIZATIONS AND INDIVIDUALS

Article 19.Fund raising activities of belief establishments and religious organizations and dependent ones

1. Belief establishments and religious organizations and dependent ones may raise funds for carrying out belief or religious activities and providing social charities from voluntary organizations and individuals in the country in accordance with relevant laws.

2. The representative or management board of a belief establishment, religious organization or dependent religious organization shall send to a competent state agency prescribed in Clause 3 of this Article a written notice of the fund raising, specifying the purpose, locality, method and time of fund raising, and the method of managing and using the raised fund.

3. Competence to receive notices:

a/ Five working days before organizing a fund raising, a belief establishment, religious organization or dependent religious organization shall send a written notice to the commune-level People’s Committee of the place where the fund raising is organized, in case of raising funds within a commune;

b/ Ten days before organizing a fund raising, a belief establishment, religious organization or dependent religious organization shall send a written notice to the district-level People’s Committee of the place where the fund raising is organized, in case of raising funds in more than one commune but within a district, township, provincial city or municipal city;

c/ Fifteen days before organizing a fund raising, a belief establishment, religious organization or dependent religious organization shall send a written notice to the provincial-level People’s Committee of the place where the fund raising is organized, in case of raising funds not mentioned at Points a and b, Clause 3 of this Article.

4. Fund raising activities of a belief establishment, religious organization or dependent religious organization must have records of revenues and expenditures to ensure publicity and transparency. Raised funds shall be managed and used according to the announced purpose, serving belief or religious activities and social charity.

5. It is prohibited to use the name of a belief establishment, religious organization or dependent religious organization to raise funds for self-seeking purposes or against the fund-raising purpose.

6. Competent state agencies that receive a notice shall inspect the implementation of the contents according to Clauses 4 and 5 of this Article.

Article 20.Receipt by religious organizations and dependent ones of financial donations from foreign organizations and individuals

Religious organizations and dependent ones that receive financial donations from foreign organizations and individuals to support religious training for full-time religious activists; repair, renovation, upgrading and construction of religious establishments; religious ceremonies; or publication and import of scriptures and religious objects shall comply with the Government’s regulations on management and use of non-refundable aid.

Chapter VI

ORGANIZATION OF IMPLEMENTATION

Article 21.Forms related to administrative procedures in the field of belief and religion

1. To promulgate together with this Decree the Appendix including the forms related to administrative procedures in the field of belief and religion.

2. Related agencies, organizations and individuals shall use the forms related to administrative procedures in the field of belief and religion in the Appendix to this Decree.

Article 22.Responsibilities of the Ministry of Home Affairs and related agencies

1. The Ministry of Home Affairs is the central state management agency in charge of belief and religion that shall take responsibility to the Government for performing the state management of religions as well as belief activities and belief establishments not prescribed in Clause 2 of this Article.

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

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

4. During the implementation of the Law on Belief and Religion and this Decree, the Government Committee for Religious Affairs shall receive dossiers of cases falling within the competence of the Ministry of Home Affairs and assume the prime responsibility for, and coordinate with related ministries, sectors and localities in, giving advice and report on these cases to the Minister of Home Affairs for decision. For cases failing within the settling competence of a People’s Committee at a certain level, the specialized belief and religion agency of the same level shall receive dossiers and assume the prime responsibility for, and coordinate with related agencies in, giving advice and report on these cases to the concerned People’s Committee for decision, except the organization of belief festivals; and manage and use revenues from the organization of belief festivals prescribed in Articles 13, 14 and 15 of the Law.

Article 23.Receipt of dossiers

1. Organizations and individuals shall, when carrying out administrative procedures prescribed in the Law on Belief and Religion and this Decree, send a set of dossier directly, by post or through online public services to a competent state agency.

2. Upon receiving a complete and valid dossier, the competent state agency shall issue a slip of appointment for reply. For improper dossiers, the competent state agency shall guide the submitters how to complete them as required. The time for dossier completion shall not be included in the reply time limit.

Article 24.Effect

1. This Decree takes effect on January 1, 2018.

2. The Government’s Decree No. 92/2012/ND-CP of November 8, 2012, detailing, and prescribing measures for implementation of, the Ordinance on Belief and Religion, ceases to be effective on the date this Decree takes effect.

Article 25.Implementation responsibility

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.