THEPRESIDENT | | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
No. 12/2016/L-CTN | | Hanoi, December 1, 2016 |
ORDER
On the promulgation of law
Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;
Pursuant to Article 80 of the Law on Promulgation of Legal Documents,
PROMULGATES:
The Law on Belief and Religion,
which was passed on November 18, 2016, by the XIVthNational Assembly of the Socialist Republic of Vietnam at its 2ndsession.
President of the Socialist Republic of Vietnam
TRAN DAI QUANG
THE NATIONALASSEMBLY | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness |
No. 02/2016/QH14 | |
LAW
On belief and religion
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Belief and Religion.
Chapter I
GENERAL PROVISIONS
Article 1.Scope of regulation and subjects of application
1. This Law prescribes the right to freedom of belief and religion; belief activities and religious activities; religious organizations; and rights and obligations of agencies, organizations and individuals related to belief or religious activities.
2. This Law applies to agencies, organizations and individuals in the guarantee and exercise of the right to freedom of belief and religion.
Article 2.Interpretation of terms
In this Law, the terms and phrases below shall be construed as follows:
1.Beliefmeans human belief manifested through rites closely associated with traditional customs and practices to bring about spiritual peace for individuals and the community.
2.Belief activitiesmeans activities of worshiping ancestors and divine symbols; commemorating and honoring persons with meritorious services to the country and/or communities; and folk rites typifying the values of history, culture and social morality.
3.Belief festivalmeans a collective belief activity organized according to traditional ceremonies and rites to meet spiritual needs of a community.
4.Belief establishmentmeans a place where communal belief activities are carried out. Belief establishments include communal houses, temples, small temples, lineal ancestor worship houses and the like.
5.Religionmeans human belief existing with a system of concepts and activities including objects of worship, tenets, canon laws, rites and organizations.
6.Believermeans a person who believes in and follows a religion and is recognized by the religious organization concerned.
7.Clergypersonmeans a believer who has left his/her family life and constantly practices a particular lifestyle according to the tenets, canon laws and regulations of a religious organization.
8.Dignitarymeans a believer who is ordained or elected by a religious organization to an order in the organization.
9.Religious officermeans a person who is appointed or elected by a religious organization or a dependent religious organization or an organization with a religious activity registration certificate to hold a title in such organization.
10.Religious practicemeans the manifestation of religious faith and practice of religious tenets, canon laws and rites.
11.Religious activitiesinclude missionary work, religious practice and organizational management of a religion.
12.Religious organizationmeans a group of believers, dignitaries, religious officers and clergypersons of a religion, which is organized according to a certain structure recognized by the State in order to carry out religious activities.
13.Dependent religious organizationmeans an organization belonging to a religious organization, which is established according to the charter, statutes or regulations of such religious organization.
14.Religious establishmentsinclude pagodas, temples, churches, chapels, oratories, mosques and head offices of a religious organization and other lawful establishments of a religious organization.
15.Lawful placemeans a land area, house or construction work under the lawful use rights of an organization or individual as prescribed by law.
16.Representativemeans a person who acts in the name and takes responsibility before law for belief activities of collective religious practice and religious activities of a group of people or an organization which he/she represents.
Article 3.Responsibilities of the State for guaranteeing the right to freedom of belief and religion
1. The State shall respect and protect the right to freedom of belief and religion of everyone; shall guarantee that all religions are equal before law.
2. The State shall respect and protect the fine cultural values and moral qualities of beliefs and religions, the tradition of worshiping ancestors and glorifying and honoring people with meritorious services to the country and/or community to satisfy the People’s spiritual needs.
3. The State shall protect belief establishments and religious establishments and their lawful property.
Article 4.Responsibilities of the Vietnam Fatherland Front
1. To rally people who follow a belief or a religion as well as people who does not follow any belief or any religion for building up the great national unity bloc, and constructing and defending the Fatherland.
2. To promptly report the people’s opinions, aspirations and petitions on belief- and religion-related matters to competent state agencies.
3. To participate in the formulation of legal documents on belief and religion, to give social criticisms on the State’s draft legal documents and socio-economic development master plans, plans, programs and projects related to belief and religion in accordance with law.
4. To take part in propagating among and mobilizing dignitaries, religious officers, clergypersons, believers, persons who follow a belief or religion, religious organizations and People to observe the law on belief and religion.
5. To supervise activities of agencies, organizations, popularly elected deputies and cadres, civil servants and public employees in the implementation of the policies and laws on belief and religion.
Article 5.Prohibited acts
1. Discriminating and stigmatizing people for beliefs or religions.
2. Forcing others to follow or not to follow, bribing others into following or not following, or hindering others in following or not following a belief or religion.
3. Profaning a belief or religion.
4. Carrying out belief and religious activities to:
a/ Infringe upon national defense, security and sovereignty, social order and safety and the environment;
b/ Violate social morality; infringe upon the body, health, life, health and property and hurt the honor and dignity of others;
c/ Obstruct the exercise of civic rights and performance of civic obligations;
d/ Divide nationalities; divide religions; divide people who follow a belief or a religion from people who do not, and people who follow different beliefs or religions.
5. Abusing belief and religious activities for self-seeking purposes.
Chapter II
THE RIGHT TO FREEDOM OF BELIEF AND RELIGION
Article 6.The right to freedom of belief and religion of everyone
1. Everyone has the right to freedom of belief and religion, to follow or not to follow a religion.
2. Everyone has the right to manifest his/her belief or religion; to practice belief or religious rites; to participate in festivals; to study and practice religious tenets and canon laws.
3. Everyone has the right to lead a religious life at a religious establishment, to study at a religious training institution or attend a refresher course of a religious organization. Minors, before leading a religious life at a religious establishment or studying at a religious training institution, shall obtain the consent of their parents or guardians.
4. Dignitaries, religious officers and clergypersons have the right to perform religious rites, preach and propagate their religions at religious establishments or other lawful places.
5. 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 detoxification establishment have the right to use religious books and to manifest their beliefs or religions.
6. The Government shall prescribe in detail the assurance of the exercise of the rights prescribed in Clause 5 of this Article.
Article 7.The rights of religious organizations and dependent religious organizations
1. To carry out religious activities according to the charter, statutes or a document with similar contents (below referred collectively to as charter) of the religious organization.
2. To organize religious practice.
3. To publish religious books and other publications on religion.
4. To produce, import and export religious cultural products and religious articles.
5. To renovate or upgrade existing religious establishments or construct new ones.
6. To receive lawful assets voluntarily donated by organizations and individuals at home and abroad.
7. Other rights as prescribed by this Law and other relevant laws.
Article 8.The right to freedom of belief and religion of foreigners lawfully residing in Vietnam
1. Foreigners lawfully residing in Vietnam have their right to freedom of belief and religion respected and protected by the Vietnamese State.
2. A foreigner lawfully residing in Vietnam has the following rights:
a/ To practice religion and participate in belief and religious activities;
b/ To use lawful places for collective religious practice;
c/ To invite Vietnamese dignitaries, religious officers and clergypersons to perform religious rites and preach; to invite foreign dignitaries and clergypersons to preach;
d/ To lead a religious life at a religious establishment and study at a religious training institution or attend a religious refresher course of a religious organization in Vietnam;
dd/ To bring along religious publications and articles to serve their religious practice in accordance with Vietnamese law.
3. Foreign dignitaries and clergypersons lawfully residing in Vietnam may preach at religious establishments or other lawful places in Vietnam.
Article 9.Obligations of organizations and individuals in the exercise of the right to freedom of belief and religion
1. Organizations and individuals participating in belief or religious activities shall abide by the Constitution, this Law and other relevant laws.
2. Dignitaries, religious officers, clergypersons, representatives and management boards of belief establishments shall guide believers and participants in belief or religious activities in carrying out belief or religious activities in accordance with law.
Chapter III
BELIEF ACTIVITIES
Article 10.Principles of organization of belief activities
1. Belief activities and festivals must preserve and promote the fine traditional cultural values of the nation.
2. Belief activities and festivals shall be organized in a secure, orderly, safe and economical manner and must protect the environment.
Article 11.Representatives, management boards of belief establishments
1. A belief establishment must have a representative or management board to take responsibility before law for activities taking place at the establishment.
2. A representative or member of the management board of a belief establishment must be a Vietnamese citizen who permanently resides in Vietnam, has full civil act capacity and enjoys prestige among the population community.
3. The commune-level People’s Committee of the place where a belief establishment is located shall coordinate with the Vietnam Fatherland Front Committee of the same level in making arrangements for the population community to elect or appoint a representative or members to the management board of the religious establishment. Based on the election or appointment results and the conditions prescribed in Clause 2 of this Article, within 5 working days after the election or appointment day, the commune-level People’s Committee shall issue a document recognizing such representative or member of the management board of the belief establishment.
4. For a belief establishment already ranked as a historical-cultural relic or famous scenic place, the election or appointment of its representative or establishment of its management board must comply with the law on cultural heritage.
5. The election or appointment of a representative or establishment of a management board for a lineal ancestor worship house is not required to comply with Clause 3 of this Article.
Article 12.Registration of belief activities
1. Belief activities of a belief establishment shall be registered, except for lineal ancestor worship houses.
2. At least 30 days before starting belief activities, the representative or management board of a belief establishment shall send a written registration to the commune-level People’s Committee of the place where the belief establishment is located, except the case prescribed in Article 14 of this Law.
A written registration must specify the name of the belief establishment, its belief activities and their contents, scope, time and places.
The commune-level People’s Committee shall issue a written reply within 15 days after receiving a valid registration document; in case of refusal, it shall clearly state the reason.
3. For a belief activity not yet stated in the registered document, within 20 days before it takes place, the representative or management board of a belief establishment shall make additional registration for it in accordance with Clause 2 of this Article.
Article 13.Organization of regular belief festivals
1. The representative or management board of a belief establishment shall issue a written notice of the organization of a regular belief festival at least 20 days before such festival is organized to a competent state agency according to the following provisions:
a/ For a belief festival organized within a commune, ward or township (below referred collectively to as commune), the commune-level People’s Committee of the place where the festival is organized shall receive the notice;
b/ For a belief festival organized within more than one commune in a district, town or provincial city (below referred collectively to as district), the district-level People’s Committee of the place where the festival is organized shall receive the notice;
c/ For a belief festival organized within more than one district in a province or centrally run city (below referred collectively to as province), the provincial-level People’s Committee of the place where the festival is organized shall receive the notice.
2. A written notice must specify the name of the belief festival and its content, scope, time and place, expected membership of the organizing committee and necessary conditions to ensure social order and safety and environmental protection during the festival.
3. The organization of a regular belief festival at a belief establishment being an officially ranked historical-cultural relic or scenic place must comply with the law on cultural heritage.
4. Competent state agencies referred to in Clause 1 of this Article shall ensure belief festivals be organized according to the content of their notices.
Article 14.Organization of first-time belief festivals, restored belief festivals or regular belief festivals with changes
1. Before organizing a first-time belief festival, restored belief festival or regular belief festival with changes in its scope, content, time and place, the representative or management board of a belief establishment shall send a written registration to the provincial-level People’s Committee of the place where the festival is organized.
A written registration must specify the name of the festival and its content or changes compared to the past, scope, time and place, expected membership of the organizing committee and necessary conditions to ensure social order and safety and environmental protection during the festival.
2. The provincial-level People’s Committee shall issue a written reply within 30 days after receiving a valid registration document; in case of refusal, it shall clearly state the reason.
Article 15.Management and use of revenues from organization of belief festivals
1. The representative or management board of a belief establishment shall manage and use revenues from the organization of festivals in a public and transparent manner for proper purposes.
2. Within 20 days after the end of a festival, the representative or management board of a belief establishment shall issue a written notice of collected revenues and their use purposes to a competent state agency prescribed in Clause 1, Article 13 of this Law.
Chapter IV
REGISTRATION OF COLLECTIVE RELIGIOUS PRACTICE, REGISTRATION OF RELIGIOUS ACTIVITIES
Article 16.Conditions for registration of collective religious practice
1. A religious organization may register collective religious practice for its believers in places where there are insufficient conditions for establishing a dependent religious organization; and an organization with a religious activity registration certificate shall register collective religious practice for its members when fully satisfying the following conditions:
a/ Having a lawful place for religious practice;
b/ The group carrying out collective religious practice has a representative being a Vietnamese citizen who permanently resides in Vietnam; has full civil act capacity; is not subject to an administrative handling measure in the field of belief and religion; has no criminal records or is not subject to a criminal charge under the criminal procedure law;
c/ The religious practice does not fall into the cases prescribed in Article 5 of this Law.
2. Believers of a religion falling outside the case prescribed in Clause 1 of this Article may register for collective religious practice when fully meeting the conditions prescribed in Clause 1 of this Article and the following:
a/ Having their own tenets and canon laws;
b/ The name of the group of believers wishing to carry out collective religious practice is not identical with that of a religious organization or an organization with a religious activity registration certificate, a political organization or a socio-political organization, or a famous personality or national hero.
Article 17.Order, proceduresand competence to approve registration of collective religious practice
1. A religious organization, an organization with a religious activity registration certificate or the representative of a group of believers of a religion in the case prescribed in Clause 2, Article 16 of this Law shall send a dossier of registration for collective religious practice to the commune-level People’s Committee of the lawful place where religious practice will be carried out.
2. A dossier of registration must comprise:
a/ A written registration specifying the name of the registering organization; name of the religion; full name and residence of the representative; content, place and time of religious practice, number of attendants;
b/ Papers proving the possession of a lawful place for religious practice;
c/ A resume of the representative of the group carrying out collective religious practice;
d/ A summary of the tenets and canon laws in the case of registration prescribed in Clause 2, Article 16 of this Law.
3. The commune-level People’s Committee shall issue a written reply within 20 days after receiving a complete and valid dossier of registration; in case of refusal, it shall clearly state the reason.
Article 18.Conditions for an organization to be granted a religious activity registration certificate
1. Having tenets, canon laws and rites;
2. Having operation principles, objectives and rules not contrary to law;
3. Having a name not identical with that of a religious organization or an organization with a religious activity registration certificate, a political organization or a socio-political organization, or a famous personality or national hero;
4. Having its representative or leader being a Vietnamese citizen who permanently resides in Vietnam; has full civil act capacity; is not subject to an administrative handling measure in the field of belief and religion; and has no criminal records or is not subject to a criminal charge under the criminal procedure law;
5. Having a lawful place for religious practice;
6. Its religious activities do not fall into the case prescribed in Article 5 of this Law.
Article 19.Order, proceduresand competence to grant religious activity registration certificates
1. An organization that fully meets the conditions prescribed in Article 18 of this Law shall send a dossier of registration for religious activities to a competent state agency prescribed in Clause 3 of this Article.
2. A dossier of registration must comprise:
a/ A written registration specifying the name of the organization; name of the religion; principles, objectives; contents and locations of operation; source of its formation and process of development in Vietnam; full name of its representative; number of believers; its organizational structure and expected place of its head office;
b/ A list, resumes, judicial record cards, summaries of religious activities of the representative and expected leaders of the organization;
c/ A summary of tenets, canon laws and rites;
d/ The operation regulation of the organization;
dd/ Papers proving the possession of a lawful head office location.
3. Competence to grant religious activity registration certificates:
a/ The specialized agency of the provincial-level People’s Committee performing state management of belief and religion (below referred to as the provincial-level specialized agency in charge of belief and religion) shall grant religious activity registration certificates to organizations operating within its province within 60 days after receiving their valid dossiers; in case of refusal to grant a certificate, it shall clearly state the reason;
b/ The central state management agency in charge of belief and religion shall grant religious activity registration certificates to organizations operating in more than one province within 60 days after receiving their valid dossiers; in case of refusal to grant a certificate, it shall clearly state the reason;
Article 20.Activities of organizations after obtaining religious activity registration certificates
1. After being granted a religious activity registration certificate, an organization may carry out the following activities:
a/ Organizing religious ceremonies, religious practice, preach and religious tenet refresher courses;
b/ Appointing and electing religious officers;
c/ Repairing and renovating its head office;
d/ Participating in charity and humanitarian activities;
dd/ Organizing a congress to adopt a charter.
2. When carrying out the activities specified in Clause 1 of this Article, an organization shall comply with this Law and other relevant laws.
Chapter V
RELIGIOUS ORGANIZATIONS
Section 1
RECOGNITION OF RELIGIOUS ORGANIZATIONS; ESTABLISHMENT, DIVISION, SPLITTING, MERGER AND CONSOLIDATION OF DEPENDENT RELIGIOUS ORGANIZATIONS
Article 21.Conditions for recognition of religious organizations
An organization possessing a religious activity registration certificate may be recognized as a religious organization when fully meeting the following conditions:
1. Having operated continuously and stably for five or more years from the date it is granted a religious activity registration certificate;
2. Having a charter as prescribed in Article 23 of this Law;
3. Having its representative or leader being a Vietnamese citizen permanently residing in Vietnam; having full civil act capacity; not being subject to an administrative handling measure in the field of belief and religion; and having no criminal records or not being subject to a criminal charge under the criminal procedure law;
4. Having an organizational structure as stated in its charter;
5. Having property independent from those of other individuals and organizations and taking responsibility with its property;
6. Participating in legal relations independently in its name.
Article 22.Order, proceduresand competence to recognize religious organizations
1. An organization that fully meets the conditions prescribed in Article 21 of this Law shall send a dossier of request for recognition to a competent state agency prescribed in Clause 3 of this Article.
2. A dossier of request must comprise:
a/ A written request specifying the name of the requesting organization, its international transaction name (if any); full name of the representative; number of believers and geographical area of its operation at the time of request; its organizational structure and head office;
b/ A written summary of its operation since the organization is granted a religious activity registration certificate;
c/ A list, resumes, judicial record cards, summaries of religious activities of its expected representative and leaders;
d/ A summary of its tenets, canon laws and rites;
dd/ Its charter;
e/ A written declaration of its lawful property;
g/ Papers proving the possession of a lawful head office location.
3. Competence to recognize religious organizations:
a/ A provincial-level People’s Committee shall recognize religious organizations operating within its province within 60 days after receiving complete and valid dossiers; in case of refusal, it shall clearly state the reason;
b/ The central state management agency in charge of belief and religion shall recognize religious organizations operating in more than one province within 60 days after receiving complete and valid dossiers; in case of refusal, it shall clearly state the reason.
Article 23.Charter of a religious organization
The charter of a religious organization must contain the following basic contents:
1. Name of the religious organization;
2. Operation principles, objectives and rules;
3. Geographical area of operation, location of head office;
4. Finance and property;
5. At-law representative; seal specimen;
6. Functions, tasks, powers and organizational structure of the religious organization and its dependent religious organizations;
7. Tasks and powers of the leaderships of the religious organization and its dependent religious organizations.
8. Conditions, standards, competence and methods of ordainment, appointment, election, transfer, dismissal and relief of duty of religious dignitaries, religious officers and clergypersons;
9. Conditions, competence and methods of dissolution of the religious organization; establishment, division, splitting, merger, consolidation and dissolution of dependent religious organizations;
10. Organization of conferences and congresses; method of passage of decisions, revision and supplementation of the charter; principles and method of settlement of internal disputes of the organization;
11. Relationship between the religious organization and its dependent religious organizations and other related organizations and individuals.
Article 24.Revision of the chapter
1. When revising its chapter, a religious organization shall register with a competent state agency prescribed in Clause 3, Article 22 of this Law. Such written registration must specify the name of the religious organization, its representative, revised content, reason for revision and the revised chapter.
2. A competent state agency shall issue a written reply within 30 days after receiving a valid written registration; in case of refusal, it shall clearly state the reason.
3. A religious organization may operate according to its revised chapter after it is approved by a competent state agency.
Article 25.Name of a religious organization
1. A religious organization must have a name in Vietnamese,
2. The name of a religious organization must not be identical with that of another religious organization or another organization with a religious activity registration certificate, or of a political organization, socio-political organization, famous personality or national hero.
3. A religious organization may use its name in relations with other organizations and individuals.
4. A religious organization shall have its name recognized and protected by law.
5. When changing its name, a religious organization must have its new name approved by a competent state agency prescribed in Clause 3, Article 22 of this Law.
6. When its dependent religious organization changes its name, a religious organization shall file a request with a competent state agency prescribed in Clause 3, Article 29 of this Law to approve such name.
Article 26.Relocation of the head office of a religious organization
1. When relocating its head office, a religious organization shall obtain approval of the provincial-level People’s Committee of the new place of its head office and send a written notice thereof to a competent state agency prescribed in Clause 3, Article 22 of this Law.
2. When relocating its head office, a dependent religious organization shall obtain approval of the provincial-level People’s Committee of the new place of its head office and send a written notice thereof to a competent state agency prescribed in Clause 3, Article 29 of this Law.
Article 27.Establishment, division, splitting, merger and consolidation of dependent religious organizations
1. Religious organizations and dependent religious organizations may establish their dependent religious organizations; divide and split their dependent religious organizations into many new dependent ones; merge their dependent religious organization into another dependent one; and consolidate their dependent religious organizations into a new dependent one.
2. After being divided, the divided dependent religious organization shall cease its existence, and its rights and obligations shall be transferred to the new ones.
3. After being split, the dependent religious organization and the split one shall exercise their rights and perform their obligations according to their respective operation objectives.
4. After being merged, a dependent religious organization shall cease its existence; and its rights and obligations shall be transferred to the merging one.
5. After being consolidated, the consolidated dependent religious organizations shall cease their existence from the time of establishment of the new one; their rights and obligations shall be transferred to the new one.
Article 28.Conditions for establishment, division, splitting, merger and consolidation of dependent religious organizations
A religious organization or dependent one may establish, divide, split, merge and consolidate its dependent religious organizations when fully meeting the following conditions:
1. The charter of the religious organization provides for the establishment, division, splitting, merger and consolidation of dependent religious organizations;
2. Activities of the dependent religious organization(s) before being divided, split, merged or consolidated do not fall into a case prescribed in Article 5 of this Law.
3. Having a lawful place for the head office.
Article 29.Order, procedures and competence to approve establishment, division, splitting, merger and consolidation of dependent religious organizations
1. Before establishment, division, splitting, merger or consolidation of its attached religious organization(s), a religious organization or dependent one shall send a dossier of request to a competent state agency prescribed in Clause 3 of this Article.
2. A dossier of request must comprise:
a/ A written request specifying the name of the requesting organization; name of the dependent religious organization expected to be established; name of the organization and its representative before and after division, splitting, merger or consolidation; geographical area of operation, number of believers of the dependent religious organization at the time of establishment; geographical area of operation and number of believers of the dependent religious organization(s) before and after division, splitting, merger or consolidation; organizational structure and expected location of the head office of the dependent religious organization after establishment, division, splitting, merger or consolidation;
b/ A written summary of activities of the dependent religious organization before division, splitting, merger or consolidation;
c/ A list, resumes, judicial record cards, summaries of religious activities of the expected representative and leaders of the dependent religious organization;
d/ The charter (if any) of the dependent religious organization;
dd/ A written declaration of lawful property of the dependent religious organization;
e/ Papers proving the possession of a lawful head office location.
3. Competence to approve establishment, division, splitting, merger or consolidation of dependent religious organization(s):
a/ A provincial-level People’s Committee shall issue a written reply on the establishment, division, splitting, merger or consolidation of a dependent religious organization operating within its province within 60 days after receiving a complete and valid dossier; in case of refusal, it shall clearly state the reason;
b/ The central state management agency in charge of belief and religion shall issue a written reply on the establishment, division, splitting, merger or consolidation of a dependent religious organization operating in more than one province within 60 days after receiving a complete and valid dossier; in case of refusal, it shall clearly state the reason.
4. After obtaining the approval of a competent state agency, a religious organization or dependent one shall issue a document on the establishment, division, splitting, merger or consolidation of its dependent religious organization.
Past one year after obtaining the approval of a competent state agency, if a religious organization or dependent one fails to establish, divide, split, merge or consolidate its dependent religious organization(s), such written approval shall be no longer valid.
Article 30.Legal status of religious organizations and dependent religious organizations
1. A religious organization shall be a non-commercial legal person from the date it is recognized by a competent state agency.
2. A religious organization may file a request with a competent state agency prescribed in Clause 3, Article 29 of this Law to grant registration of a non-commercial legal person to its dependent religious organization when the latter fully meets the conditions prescribed in Clauses 4, 5, and 6, Article 21 of this Law.
3. The Government shall prescribe in detail the order and procedures for grant of registrations of legal person status to dependent religious organizations.
Article 31.Dissolution of religious organizations and dependent religious organizations
1. A religious organization or dependent one shall be dissolved in the following cases:
a/ According to its charter;
b/ It fails to carry out religious activities for one year from the date it is recognized or its establishment, division, splitting, merger or consolidation is approved by a competent state agency; it stops religious activities for a whole year;
c/ Past the period of suspension of all religious activities, it still fails to remedy the cause leading to the suspension.
2. A state agency that has the competence to recognize a religious organization may dissolve it.
A religious organization or dependent one may dissolve its dependent religious organization. A competent state agency prescribed in Clause 3, Article 29 of this Law has the power to dissolve or to request a religious organization or dependent one to dissolve its dependent religious organization in the cases prescribed at Points b and c, Clause 1 of this Article.
3. Before its dissolution, a religious organization or dependent one shall fulfill all of its property obligations. Its property shall be handled in accordance with the civil law.
A religious organization or dependent one shall notify the dissolution of its dependent religious organization to a competent state agency prescribed in Clause 3, Article 29 of this Law within 20 days after the dissolution.
4. The Government shall prescribe in detail the order and procedures for dissolution of religious organizations and dependent religious organizations.
Section 2
ORDAINMENT, APPOINTMENT, ELECTION, TRANSFER, DISSMISSAL AND RELIEF OF DUTY OF RELIGIOUS DIGNITARIES, RELIGIOUS OFFICERS AND CLERGYPERSONS
Article 32.Ordainment, appointment and election of dignitaries and religious officers
1. Religious organizations and dependent religious organizations shall ordain, appoint and elect their dignitaries and religious officers according to their charters.
2. Ordained, appointed and elected persons must have full civil act capacity; not be subject to an administrative handling measure in the field of belief and religion; have no criminal records or not be subject to a criminal charge under the criminal procedure law.
3. The ordainment, appointment and election involving foreign elements must comply with Article 51 of this Law.
Article 33.Notification of ordained, appointed or elected religious dignitaries
1. Within 20 days after the date of ordainment or election, a religious organization shall send written notices to the central state management agency in charge of belief and religion of persons who are ordained or elected as most venerable (hòa thượng), venerable (thượng tọa) or master nun (ni trưởng) or nun (ni sư) of the Vietnam Buddhist Sangha; as minister (mục sư) of Protestant organizations; archbishop (phối sư) of Caodaist Sacerdotal Councils; lecturer (giảng sư) or higher orders of the Pure Land Buddhism Association and of equivalent orders of other religious organizations.
2. For cases of ordainment or election of religious dignitaries other than those specified in Clause 1 of this Article, within 20 days from the date of ordainment or election, a religious organization shall send written notices thereof to the provincial-level specialized agency in charge of belief and religion of the place where such dignitaries reside and carry out religious activities.
3. A written notice must specify the name of the religious organization, full name, the post, geographical area of operation, a summary of religious activities of the religious dignitary concerned, enclosed with his/her resume and judicial record card.
4. In case an ordained or elected religious dignitary fails to meet the conditions prescribed in Clause 2, Article 32 of this Law, a competent state agency shall send a written request to the religious organization to invalidate the ordainment or election results.
Within 20 days after receiving the written request, the religious organization shall invalidate the ordainment or election results and send a written notice thereof to the competent state agency prescribed in Clause 1 or 2 of this Article.
Article 34.Registration of appointed or elected religious officers
1. Before appointing or electing the following religious officers, a religious organization shall send a dossier of registration to the central state management agency in charge of belief and religion:
a/ Members of the leadership of the religious organization operating in more than one province;
b/ The head of a dependent religious organization operating in more than one province;
c/ The head of a religious training institution.
2. For cases other than those specified in Clause 1 of this Article, a religious organization or dependent religious organization shall, before the appointment or election of a religious officer, send a dossier of request to the provincial-level specialized agency in charge of belief and religion of the place where such officer resides and carries out religious activities.
3. An organization with a religious activity registration certificate shall, before appointment or election of a religious officer, send a dossier of registration to a competent state agency prescribed in Clause 3, Article 19 of this Law.
4. A dossier of registration must comprise:
a/ A written registration specifying the full name of the person expected to be appointed or elected; the order, position and geographical area under his/her charge before and after being appointed or elected;
b/ The resume and judicial record card of the person expected to be appointed or elected.
c/ A summary of religious activities of the person expected to be appointed or elected.
5. A competent state agency prescribed in Clause 1, 2 or 3 of this Article shall issue a written reply within 20 days after receiving a complete and valid dossier; in case of refusal, it shall clearly state the reason.
6. A religious organization, a dependent religious organization or an organization with a religious activity registration certificate shall issue a written notice of the appointed or elected person to the competent state agencies prescribed in Clause 1 or 2 of this Article and in Clause 3, Article 19 of this Law within 20 days after the date of appointment or election.
7. For an expected leader of an organization prescribed in Articles 19, 22, 29 and 38 of this Law, after obtaining the approval of a competent state agency, only notification of the appointed or elected person is required as prescribed in Clause 6 of this Article.
Article 35.Transfer of religious dignitaries, religious officers and clergypersons
1. A religious organization or dependent religious organization shall send a written notice to the provincial-level specialized agencies in charge of belief and religion of the places of departure and arrival at least 20 days before transferring a religious dignitary, a religious officer or a clergyperson to another locality.
The written notice must specify the name of the notifying organization, full name, order and position of the transferred person, reason for transfer, and geographical areas of religious activity before and after being transferred.
2. Before transferring a religious dignitary, a religious officer or a clergyperson who is currently facing a criminal charge or has a previous criminal record not expunged yet, a religious organization or dependent one shall send a written registration to the provincial-level People’s Committee of the locality to which he/she is transferred.
The written registration must specify the name of the registering organization, full name, order and position of the transferred person, reason for transfer, and geographical areas of religious activities before and after being transferred.
The provincial-level People’s Committee shall issue a written reply within 30 days after receiving a written registration; in case of refusal, it shall clearly state the reason.
Article 36.Dismissal and relief of duty of religious dignitaries and religious officers
1. A religious organization or dependent one may dismiss or relieve of duty its religious dignitaries and religious officers according to its charter.
2. Within 20 days after issuing a document on dismissal or relief from duty of a religious dignitary or a religious officer, a religious organization or dependent one shall send a written notice to a competent state agency prescribed in Clause 1 or 2, Article 33, or in Clause 1 or 2, Article 34, of this Law.
The written notice must specify the full name, order and position of the dismissed or relieved person and reason for dismissal or relief of duty, and it shall be enclosed with the religious organization’s document of the dismissal or relief of duty.
3. An organization with a religious activity registration certificate shall issue a written notice as prescribed in Clause 2 of this Article to a competent state agency prescribed in Clause 3, Article 19 of this Law.
Section 3
RELIGIOUS TRAINING INSTITUTIONS, RELIGIOUS REFRESHER COURSES
Article 37.Conditions for establishment of religious training institutions
A religious organization may establish a religious training institution when fully meeting the following conditions:
1. Having physical facilities ensuring training activities;
2. Having a lawful location for the institution;
3. Having training programs and contents; having a subject on Vietnamese history and law in the training programs;
4. Having managerial and teaching staffs who satisfy training requirements.
Article 38.Order, procedures and competence to approve establishment of religious training institutions
1. Before establishing a religious training institution, a religious organization shall send a dossier of request to the central state management agency in charge of belief and religion.
2. A dossier of request must comprise:
a/ A written request for establishment of a religious training institution specifying the name of the religious organization, name of the training institution, full name of the expected representative of the training institution and the necessity for its establishment;
b/ A list, resumes, judicial record cards, summaries of religious activities of the expected representative and leaders of the training institution;
c/ A draft regulation on the organization and operation of the training institution containing the following basic contents: name of the training institution; location of its head office; functions and tasks; organizational structure and staff; training levels and forms; training programs, contents and standards of each training level; finance and property;
d/ A draft enrolment regulation;
dd/ Papers proving the lawful location and physical facilities to ensure training activities; the provincial-level People’s Committee’s approval of the location of the training institution.
3. The central state management agency in charge of belief and religion shall issue a written reply on the establishment of a religious training institution within 60 days after receiving a complete and valid dossier; in case of refusal, it shall clearly state the reason.
4. After obtaining the approval of the competent state agency, the religious organization shall issue a document on the establishment of a religious training institution.
Past three years after obtaining the approval of the competent state agency, if the religious organization fails to establish a religious training institution, such written approval will be no longer valid.
5. Religious training institutions do not belong to the national educational system.
Article 39.Activities of religious training institutions
1. At least 20 days before its religious training institution starts operation, the representative of a religious organization shall send to the central state management agency in charge of belief and religion a written notice of the training institution’s activities, enclosed with the establishment document, organization and operation regulation, enrolment regulation, a list of members of the leadership of the institution, and a report on financial resources and physical facilities for its operation.
2. The organization of training and enrolment at a religious training institution must comply with the notified organization and operation regulation and enrolment regulation.
3. When revising its organization and operation regulation or enrolment regulation, a religious organization shall register with the central state management agency in charge of belief and religion. A written registration must specify the reason for and contents of the revision and shall be enclosed with the revised regulation.
The competent state agency shall issue a written reply within 45 days after receiving a valid written registration; in case of refusal, it shall clearly state the reason.
The religious training institution may operate according to its revised regulation after it is approved by the competent state agency.
4. A religious training institution shall issue a written notice of the training results of each course to the central state management agency in charge of belief and religion within 20 days after the end of the course. The written notice must specify the name of the religious training institution, training course and number of graduates.
5. Foreigners may study at Vietnam-based religious training institutions in accordance with Article 49 of this Law.
Article 40.Guidance on the curriculum and contents of teaching the subject on Vietnamese history and law
The central state management agency in charge of belief and religion shall coordinate with the Ministry of Education and Training, the Ministry of Justice and related agencies in providing guidance on the curriculum and contents of teaching the subject on Vietnamese history and law.
Article 41.Opening of religious refresher courses
1. When opening a religious refresher course for full-time religious activists, a religious organization or dependent one shall send a written registration to the provincial-level specialized agency in charge of belief and religion of the place where the course is held. The written registration must specify the name of the course, venue, reason, class time, content, program, participants and a list of lecturers.
The provincial-level specialized agency in charge of belief and religion shall issue a written reply within 30 days after receiving a valid written registration; in case of refusal, it shall clearly state the reason.
2. When conducting a religious refresher course not mentioned in Clause 1 of this Article, a religious organization or dependent one shall issue a written notice to the district-level People’s Committee of the place where the course is conducted at least 20 days before the opening date of the course. The written registration must specify the name of the course, venue, reason, class time, content, program, participants and a list of lecturers.
If a religious refresher course involves acts prescribed in Article 5 of this Law, the district-level People’s Committee shall issue a written request to the religious organization or dependent one not to conduct it or to stop it.
Article 42.Dissolution of religious training institutions
1. A religious training institution shall be dissolved in the following cases:
a/ According to the decision of the religious organization;
b/ Past three years after obtaining the approval of its establishment from a competent state agency, the religious training institution fails to organize any training activities;
c/ Past the period of suspension of religious training activities, the cause leading to such suspension cannot be remedied.
2. A religious organization may dissolve its religious training institution. The central state management agency in charge of belief and religion has power to dissolve or to request a religious organization to dissolve its religious training institution in the cases specified at Points b and c, Clause 1 of this Article.
A religious organization shall notify the dissolution of its religious training institution to the central state management agency in charge of belief and religion within 20 days after the dissolution.
3. The Government shall prescribe in detail the order and procedures for dissolution of religious training institutions.
Chapter VI
RELIGIOUS ACTIVITIES; PUBLISHING, EDUCATION, HEALTH CARE, SOCIAL PROTECTION, CHARITY AND HUMANITARIAN ACTIVITIES OF RELIGIOUS ORGANIZATIONS
Section 1
RELIGIOUS ACTIVITIES
Article 43.Notification of religious activities
1. A religious organization, a dependent religious organization or an organization with a religious activity registration certificate shall issue a written notice of annual religious activities within 30 days after the date it is recognized, approved or granted a religious activity registration certificate according to the following provisions:
a/ For religious activities to be carried out within a commune, the written notice shall be sent to the commune-level People’s Committee;
b/ For religious activities to be carried out in more than one commune within a district, the written notice shall be sent to the district-level People’s Committee;
c/ For religious activities to be carried out in more than one district within a province, the written notice shall be sent to the provincial-level specialized agency in charge of belief and religion;
d/ For religious activities to be carried out in more than one province, a notice shall be sent to the central state management agency in charge of belief and religion.
2. A written notice must specify the name of the organization, religious activities and their time and venues.
3. Notification of annual religious activities shall be made only once. For carrying out a religious activity not yet included in the notified list, at least 20 days before the activity takes place, the representative of a religious organization shall make an additional notice according to Clauses 1 and 2 of this Article.
Article 44.Conferences of religious organizations and dependent religious organizations
1. A religious organization or dependent one that wishes to organize an annual conference shall issue a written notice to a competent state agency prescribed in Clause 3, Article 45 of this Law at least 20 days before the conference is organized.
A written notice must specify the name of the organization; expected participants and number of participants; content, agenda, time and venue of the conference.
2. A religious organization or dependent one that wishes to organize an inter-religious or a foreign-related conference shall send a written request to the central state management agency in charge of belief and religion. A written request must specify the name of the organization; reason for organization; expected participants and number of participants; and content, program, time and venue of the conference.
The central state management agency in charge of belief and religion shall issue a written reply within 45 days after receiving a valid written request; in case of refusal, it shall clearly state the reason.
Article 45.Congresses of religious organizations, dependent religious organizations and organizations with registration certificates of religious activities
1. A religious organization, a dependent religious organization or an organization with a religious activity registration certificate shall, before organizing a congress, send a dossier of request to a competent state agency prescribed in Clause 3 of this Article.
2. A dossier of request must comprise:
a/ A written request specifying the name of the organization; reason for organization; expected participants and number of participants; and content, program, time and venue of organization;
b/ An activity review report of the organization;
c/ The draft charter or revised charter (if any).
3. Competence to approve the organization of a congress:
a/ The district-level People’s Committee shall issue a written reply on the organization of a congress of a dependent religious organization operating within its district within 25 days after receiving a complete and valid dossier; in case of refusal, it shall clearly state the reason;
b/ The provincial-level specialized agency in charge of belief and religion shall issue a written reply on the organization of a congress of a religious organization, a dependent religious organization or an organization with a religious activity registration certificate operating in more than one district within its province within 30 days after receiving a complete and valid dossier; in case of refusal, it shall clearly state the reason;
c/ For organization of a congress not specified at Points a and b, Clause 3 of this Article, the central state management agency in charge of belief and religion shall issue a written reply within 45 days after receiving a complete and valid dossier; in case of refusal, it shall clearly state the reason.
Article 46.Religious ceremonies and preaches outside religious establishments and lawful places
1. Before organizing a ceremony outside a religious establishment or registered lawful place, a religious organization, a dependent religious organization or an organization with a religious activity registration certificate shall send a written request to a competent state agency prescribed in Clause 3 of this Article.
A written notice must specify the name of the organization, name of the ceremony, person presiding over the ceremony; its content, agenda, time and venue, and scope and attendants.
2. Before organizing a preach outside the geographical area under his/her charge, outside a religious establishment or registered lawful place, a dignitary, a religious officer or a clergyperson shall send a written request to a competent state agency prescribed in Clause 3 of this Article.
A written request must specify the full name of the requester, content, reason for, program, time and venue of the ceremony, and its attendants.
3. Competent to approve a ceremony or preach at a religious establishment or lawful place:
a/ The district-level People’s Committee shall issue a written reply on the organization of a ceremony or preach organized in its district within 25 days after receiving a valid written request; in case of refusal, it shall clearly state the reason;
b/ The provincial-level specialized agency in charge of belief and religion of the place where a ceremony or preach is expected to be organized shall issue a written reply on the organization of a ceremony or preach organized in more than one district in its province or in more than one province within 30 days after receiving a valid written request; in case of refusal, it shall clearly state the reason.
4. Competent state agencies in the places where religious ceremonies or preaches are held shall provide assistance to ensure security and order for such events.
Section 2
RELIGIOUS ACTIVITIES INVOLVING FOREIGN ELEMENTS
Article 47.Collective religious practice of foreigners lawfully residing in Vietnam
1. Foreigners lawfully residing in Vietnam who need to perform collective religious practice at a religious establishment or an another lawful place shall send a written dossier to the provincial-level People’s Committee of the place where the religious establishment is located or of the expected place of collective religious practice.
2. A dossier of request must comprise:
a/ A written request specifying the full name, nationality and religion of the representative; reason for, time and content of practice, number of attendants, expected religious establishment or venue of practice;
b/ A certified copy of the paper proving the lawful residence of the representative in Vietnam;
c/ A written approval of the representative of the religious establishment or papers proving the possession of a lawful place for collective religious practice.
3. The provincial-level People’s Committee shall issue a written reply within 30 days after receiving a complete and valid dossier; in case of refusal, it shall clearly state the reason.
Article 48.Religious activities and religion-related international relation activities of foreign organizations and individuals in Vietnam
1. A religious organization or dependent one shall, before inviting a foreign organization or individual to Vietnam to carry out religious activities or religion-related international relation activities, send a dossier of request to a competent state agency prescribed in Clause 3 of this Article.
2. A dossier of request must comprise:
a/ A written request specifying the name of the inviting organization; name of the invited foreign organization or individual; purposes and contents of activities; a list of invited guests; and tentative program, time and venue of organization;
b/ A written summary of major activities of the foreign organization or individual;
c/ A document proving the religious title of the invited person.
3. Competence to approve religious activities or religion-related international relation activities of a foreign organization or individual in Vietnam:
a/ The provincial-level People’s Committee shall issue a written reply on the invitation of a foreign organization or individual to Vietnam to carry out religious activities within its province within 30 days after receiving a complete and valid dossier; in case of refusal, it shall clearly state the reason;
b/ The central state management agency in charge of belief and religion shall issue a written reply on the invitation of a foreign organization or individual to Vietnam to carry out religious activities in more than one province or to carry out religion-related international relation activities within 45 days after receiving a complete and valid dossier; in case of refusal, it shall clearly state the reason.
4. An organization with a religious activity registration certificates that invites foreign dignitaries and clergypersons to preach shall send a dossier of request to a competent state agency prescribed in Clause 2 or 3 of this Article.
5. A group of foreigners engaged in collective religious practice who invite a foreign dignitary or clergyperson to preach shall send a dossier of request prescribed in Clause 2 of this Article to the central state management agency in charge of belief and religion.
The central state management agency in charge of belief and religion shall issue a written reply within 45 days after receiving a complete and valid dossier; in case of refusal, it shall clearly state the reason.
6. In the course of preaching, foreign dignitaries and clergyperson shall observe the regulations of the concerned religious organization, dependent religious organization or organization with a religious activity registration certificate in Vietnam, and comply with Vietnamese law.
Article 49.Foreigners studying at religious training institutions in Vietnam
1. A foreigner wishing to study at a religious training institution in Vietnam must be the one who lawfully resides in Vietnam, complies with Vietnamese law, voluntarily registers for studying at the institution, and the institution shall send a dossier of request to the central state management agency in charge of belief and religion.
2. A dossier of request must comprise:
a/ A written request specifying the name of the religious training institution; full name and nationality of the registering student, training course and duration;
b/ A notarized Vietnamese translation of the passport of the registering student.
3. The central state management agency in charge of belief and religion shall issue a written reply within 45 days after receiving a complete and valid dossier; in case of refusal, it shall clearly state the reason.
Article 50.Participation in overseas religious activities and religious training activities
1. A religious organization or a dependent one shall, before sending its dignitaries, religious officers and clergypersons to participate in overseas religious or religious training activities shall send a dossier of request to the central state management agency in charge of belief and religion.
2. A dossier of request must comprise:
a/ A written request specifying the name of the organization, purposes, program, time and venue of overseas religious activities or religious training activities;
b/ A letter of invitation or written approval of participation in religious activities or religious training activities issued by an overseas religious institution.
3. The central state management agency in charge of belief and religion shall issue a written reply within 45 days after receiving a complete and valid dossier; in case of refusal, it shall clearly state the reason.
Article 51.Ordainment, appointment and election involving foreign elements
1. Ordainment, appointment and election involving foreign elements include the following cases:
a/ A Vietnamese religious institution ordains foreigners who lawfully reside in Vietnam or elects them;
b/ A foreign religious institution ordains Vietnamese citizens residing in Vietnam or appoints or elects them.
2. A person to be ordained, appointed or elected must satisfy the conditions prescribed in Clause 2, Article 32 of this Law. A foreigner who lawfully resides in Vietnam who is nominated for ordainment or election must also satisfy the following conditions:
a/ Having been trained at a Vietnam-based religious institution;
b/ Strictly complying with Vietnamese law.
3. The ordainment, appointment and election involving foreign elements prescribed in Clause 1 of this Article must seek prior approval of the central state management agency in charge of belief and religion.
4. When a Vietnamese citizen who is ordained, appointed or elected overseas returns to Vietnam to act as a dignitary or a religious officer, the religious organization or dependent one that directly manages him/her shall register with the central state management agency in charge of belief and religion.
5. The Government shall prescribe in detail the order and procedures for approval and registration of ordainment, appointment and election involving foreign elements prescribed in this Article.
Article 52.International relation activities of religious organizations, dependent religious organizations, dignitaries, religious officers, clergypersons and believers
1. Religious organizations, dependent religious organizations, dignitaries, religious officers, clergypersons and believers shall carry out international relation activities according to the charters of their religious organizations in accordance with Vietnamese law.
2. When carrying out international relation activities, religious organizations, dependent religious organizations, dignitaries, religious officers, clergypersons and believers shall strictly observe Vietnamese law and laws of related countries.
Article 53.Joining foreign religious organizations
1. Before joining a foreign religious organization, a religious organization shall send a dossier of request to the central state management agency in charge of belief and religion.
2. A dossier of request must comprise:
a/ A written request specifying the name of the religious organization, purpose and time of joining; name; charter, operation principles and objectives and head office of the foreign religious organization;
b/ The foreign religious organization’s written approval of the joining or a letter of invitation to join.
3. 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 refusal, it shall clearly state the reason.
4. When terminating its membership to a foreign religious organization, a religious organization shall issue a written notice to the central state management agency in charge of belief and religion within 20 days after the date of termination.
A written notice must specify the name of the religious organization, name of the foreign religious organization, reason for and time of termination.
Section 3
PUBLISHING, EDUCATION, HEALTH CARE, SOCIAL PROTECTION, CHARITY AND HUMANITARIAN ACTIVITIES
Article 54.Publishing, production, import and export of cultural products
Religious organizations may publish religious books and other publications on belief and religion; produce, import and export belief and religion-related cultural products and religious articles in accordance with the law on publishing and other regulations.
Article 55.Education, health care, social protection, charity and humanitarian activities
Religious organizations may participate in education, training, health care, social protection, charity and humanitarian activities in accordance with relevant laws.
Chapter VII
PROPERTY OF BELIEF OR RELIGIOUS ESTABLISHMENTS
Article 56. Management and use of property of belief or religious organizations
1. Property of a belief or religious organization include those formed from contributions of its members; donated by organizations and individuals and other sources as prescribed by law.
2. Property of belief and religious organizations shall be lawfully managed and used for proper purposes.
3. Belief and religious facilities that are formed according to practices or contributed and donated by community members or donated for common use or from other lawful sources to meet the belief and religious needs of a community are common property of the community.
4. The use purpose change, transfer, donation, lease, mortgage and contribution as capital of land use rights must comply with relevant laws.
5. The Government shall prescribe in detail the receipt and management by religious organizations and dependent ones of financial aid of foreign organizations and individuals, and the raising of funds by belief establishments, religious organizations and dependent religious organizations.
Article 57.Land of belief establishments and religious organizations
Land of belief establishments and religious organizations shall be managed and used in accordance with the land law.
Article 58.Renovation, upgrading and building of belief and religious works
1. The renovation, upgrading and construction of belief and religious works must comply with the construction law.
2. The renovation, upgrading and construction of auxiliary works of belief and religious establishments must comply with the provisions of the law on construction applicable to individual works and houses built in urban centers, commune cluster centers, conservation zones and historical, cultural and revolutionary relics.
3. The embellishment and restoration of belief and religious establishments being officially ranked historical and cultural relics and scenic places, and the improvement, upgrading and construction of auxiliary works of these establishments must comply with the laws on cultural heritage and construction.
Article 59.Relocation of belief and religious works
Relocation of belief or religious works for reasons of national defense, security, socio-economic development, national or public interests must comply with the land and construction laws.
Chapter VIII
STATE MANAGEMENT AND HANDLING OF VIOLATIONS IN THE FIELD OF BELIEF AND RELIGION
Section 1
STATE MANAGEMNT OF BELIEF AND RELIGION
Article 60. Contents of state management of belief and religion
1. Formulating policies and promulgating legal documents on belief and religion.
2. Prescribing the organization of the state management apparatus for belief and religion.
3. Organizing the implementation of policies and law on belief and religion.
4. Disseminating and educating about the law on belief and religion.
5. Studying beliefs and religions; training cadres, civil servants and public employees performing belief and religious work.
6. Inspecting, examining and settling complaints and denunciations and handling violations of the law on belief and religion.
7. Undertaking international cooperation in the field of belief and religion.
Article 61. State management responsibilities for belief and religion
1. The Government shall perform the unified state management of belief and religion nationwide.
2. The central state management agency in charge of belief and religion shall take responsibility before the Government for performing the state management of belief and religion.
3. Ministries, ministerial-level agencies and People’s Committees at all levels shall, within the scope of their respective tasks and powers, perform the state management of belief and religion.
People’s Committees of districts without communes and townships shall concurrently perform the tasks and exercise the powers of commune-level People’s Committees prescribed in this Law.
Article 62. Specialized inspection of belief and religion
1. Specialized inspection of belief and religion is inspection by competent state agencies of agencies, organizations and individuals in the observance of the law on belief and religion.
The central state management agency in charge of belief and religion shall direct and organize the specialized inspection of belief and religion nationwide.
2. Specialized inspectors of belief and religion shall perform the following tasks:
a/ Inspecting the implementation of the policies and law on belief and religion by the People’s Committees at all levels;
b/ Inspecting cases showing signs of violation of the law on belief and religion.
Article 63. Complaints, denunciations and lawsuits related to belief and religion
1. Representatives or management boards of belief establishments, religious organizations, dependent religious organizations, dignitaries, religious officers, clergy persons, believers and other organizations and individuals with related interests or obligations may file complaints, initiate administrative cases or civil lawsuits before court, and request the settlement of civil matters by the court to protect their rights and interests in accordance with relevant laws.
2. Individuals have the right to denounce acts of violation of the law on belief and religion. The settlement of denunciations against acts of violation of the law on belief and religion must comply with the law on denunciations.
Section 2
HANDLING OF VIOLATIONS IN THE FIELD OF BELIEF AND RELIGION
Article 66. Handling of violations of the law on belief and religion
1. Organizations and individuals that violate the law on belief and religion or abuse belief or religion to commit violations of law shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability, and, if causing damage, pay compensation in accordance with law.
2. In pursuance to this Law and the Law on Handling of Administrative Violations, the Government shall prescribe acts of administrative violation, sanctioning forms and levels and remedies for each act; the sanctioning competence, specific sanctioning levels and the competence to make written records of acts of administrative violation; and the application of administrative handling measures in the field of belief and religion.
Article 65. Handling of cadres and civil servants committing violations of the law on belief and religion
Cadres and civil servants committing violations of the law on belief and religion when on duty, shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability for the following acts:
1. Abusing their position and powers to act against this Law and relevant laws;
2. Letting violations of the law on belief and religion occur due to their irresponsibility in managerial work.
3. Violating the regulations on the administrative order and procedures in the state management of belief and religious activities.
Chapter IX
IMPLEMENTATION PROVISIONS
Article 66. Effect
1. This Law takes effect on January 1, 2018.
2. Ordinance No. 21/2004/UBTVQH11 on Belief and Religion ceases to be effective on the effective date of this Law.
Article 67. Transitional provisions
1. Groups of persons whose registration for collective religious practice has been approved, and organizations that have been granted religious activity registration certificates or recognized as religious organizations before the effective date of this Law are not required to carry out again registration or recognition procedures prescribed in Articles 17, 19 and 22 of this Law.
2. Dependent religious organizations that have been established, divided, split, merged or consolidated; religious congregations, religious sects and collective clergy organizations that have been granted activity registration certificates before the effective date of this Law are not required to carry out again request or registration procedures prescribed in Articles 29 and 38 of this Law.
3. For organizations that have been granted registration certificates of religious activities before the effective date of this Law, the time for recognition as a religious organization prescribed in Clause 1, Article 21 of this Law, shall be counted from the time they are granted such certificates.
4. Religious organizations that have been recognized before the effective date of this Law shall become non-commercial legal persons from the effective date of this Law. They shall revise their charters at the nearest congress in accordance with Article 23 and register their revised charters in accordance with Article 24 of this Law.
5. Within 30 days after the effective date of this Law, religious organizations, dependent religious organizations and organizations with religious activity registration certificates shall notify the lists of their annual religious activities to competent state agencies prescribed in Clauses 1 and 2, Article 43 of this Law.
6. Within 30 days after the effective date of this Law, belief organizations which have notified their annual belief activities before the effective date of this Law shall register their belief activities in accordance with Clause 2, Article 12 of this Law.
Article 68.Detailing provision
The Government shall detailthe articles and clauses as assigned in the Law.
This Law was passed on November 18, 2016, by the XIVthNational Assembly at its 2ndsession.-
Chairwoman of the National Assembly
NGUYEN THI KIM NGAN