Nghị định 92/2012/ND-CP

DECREE

DETAILING AND PROVIDING MEASURES FOR THE IMPLEMENTATION OF THE ORDINANCE ON BELIEFS AND RELIGIONS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 18, 2004 Ordinance on Beliefs and Religions;

At the proposal of the Minister of Home Affairs,

The Government promulgates the Decree detailing and providing measures for the implementation of the Ordinance on Beliefs and Religions.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

This Decree provides belief activities; religious organizations; religious activities of believers, monks, dignitaries and religious organizations; and responsibilities of State agencies for the management of belief and religious activities.

Article 2.Citizens’ right to freedom of belief and religion

The State of the Socialist Republic of Vietnam respects and guarantees citizens’ right to freedom of belief and religion and right to follow or not to follow a religion, and nobody may infringe upon such rights.

It is prohibited to force a citizen to enter or relinquish a religion or to abuse the right to freedom of belief and religion to undermine peace and national independence and unification: to incite violence or propagate wars, conduct propaganda against the State’s laws and policies; to sow division among people, ethnic minorities and religions; to cause public disorder, infringe upon the life, health, dignity, honor or property of other people, obstruct the exercise of civic rights and the performance of civic obligations; and to conduct superstitious practices and commit other unlawful acts.

Any organization or individual that violates the law on beliefs and religions shall be handled in accordance with law.

Chapter II

BELIEP ACTIVITIES

Article 3. Belief activities at belief establishments

1. Communities in which belief establishments are based shall elect or select their representatives or management boards of such belief establishments.

A representative or a member of the management board of a belief establishment must be a Vietnamese citizen who has full civil act capacity, is prestigious in his/her community and strictly observes the law.

Representatives or management boards of belief establishments shall send a notice of full names, ages and places of residence of elected or selected persons to commune-level People’s Committees within 3 working days after election or selection results are available.

2. Before October 15 every year, the representative or management board of a belief establishment shall send to the commune-level People's Committee a notice of belief activities expected to be conducted at the establishment in the following year. Such notice must clearly State the names of the belief establishment and the organizers of its activities; and expected number of participants, contents and forms and time of belief activities.

After ten working days from the date of sending a valid notice, if the commune-level People’s Committee gives no other opinion, the belief establishment may operate according to the notified contents, except for the case provided in Clause 5, Article 4 of this Decree.

3. The representative of management board of a belief establishment shall take responsibility before law for belief activities conducted at the establishment.

Participants in belief activities at belief establishments shall behave in a civilized manner and comply with law as well as rules of belief establishments.

4. For belief establishments being ancestral worship halls of families and clans, Clauses 1 and 2 of this Article are not applicable.

Article 4. Belief festivals and organization of belief festivals

1. Belief festival means a form of organized belief activity, demonstrating the worship, commemoration and honoring of persons with meritorious service to the country and the community, the worship of ancestors and traditional symbols, or other folk belief activities typifying fine historical, cultural, moral and social values.

2. The organization of the following belief festivals must be approved by the provincial-level People's Committees of the localities in which the festivals shall take place:

a/ Those organized for the first time;

b/ Those restored after a time of interruption;

c/ Those organized periodically but with changes in their traditional contents, time, or location. For a belief festival specified in Clause 2 of this Article, the representative shall send a dossier to the provincial-level People’s Committee.

A dossier comprises:

a/ A written request for organization of a festival, clearly stating the name, historical origin, scale, time, venue, program and contents of the festival. For a belief festival provided at Point C, Clause 2 of this Article, the content of written request is not required to state the historical origin of the festival:

b/ A list of members of the festival-organizing committee.

3. Within 20 working days after receiving a valid dossier, the provincial-level People’s Committee shall issue a written response. In case of disapproval, it shall clearly state the reason.

4. For a belief festival other than those specified in Clause 2 of this Article, prior to 15 working days of its organization, the organizer shall send a written notice of the time, venue, contents and organizational form of the festival and a list of members of the festival-organizing committee to the commune-level People’s Committee. In case due to natural disasters, epidemics or for security and order reasons, the organization of the festival may adversely affect the social life at locality, the commune-level People’s Committee shall decide on the organization of such festival.

Chapter III

RELIGIOUS ORGANIZATIONS

Section 1: REGISTRATION OF RELIGIOUS ACTIVITIES: OPERATION REGLSTRATỈON AND RECOGNITION OF RELIGIOUS ORGANIZATIONS

Article 5. Registration of religious activities

1. Representatives of citizens who wish to gather for practice the rites of worship, prayer and expressing of their religious faith shall submit registration dossiers of religious activities to the commune-level People's Committees.

2. Registration dossier and time limit for response:

a/ A written registration of religious activities clearly stating the religious name, guiding principles and objectives of the religion, full name and place of residence of the representative, contents, organizational form, venue and time of religious activities and number of participants at the time of registration:

b/ Within 15 working days after receiving a complete and valid dossier, the commune-level People’s Committee shall issue a written response. In case of disapproval, it shall clearly state the reason.

3. Conditions for approval of religious activities:

a/ Guidelines, objectives and contents of religious activities do not violate Clause 2, Article 8, and Article 15 of the Ordinance on Beliefs and Religions;

b/ Having a lawful place for religious activities;

c/ The representative is a Vietnamese citizen who has full civil act capacity, strictly observes law and has a sense of national unity and harmony.

Article 6. Registration of religious operation

3. To obtain a religious operation certificate, an organization must fully satisfy the following conditions:

a/ It has stably conducted religious activities for at least 20 years from the date of being approved by a commune-level People’s Committee for religious activities. It has not violated Clause 2, Article 8, and Article 15 of the Ordinance of Beliefs and Religions;

b/ It is an organization of persons sharing the same belief. Its tenets, canons, rituals and religious practice guidelines and activities are attached to the nation and are not contrary to fine customs and practices and regulations of law;

c/ It does not belong to a religious organization already recognized by a competent state agency;

d/ Its name is not identical to that of another state-recognized religious organization or of a national celebrity or hero;

e/ It has a lawful venue for religious operation;

f/ Its representative is a Vietnamese citizen who has full civil act capacity, is prestigious in the organization and strictly observes law.

2. An organization that wishes to register for religious operation and fully satisfies the conditions provided in Clause 1 of this Article shall submit a registration dossier to a competent state agency provided in Clause 3 of this Article.

A dossier comprises:

a/ A written registration for religious operation, clearly stating the name of the religion, the name of the organization, full name and place of residence of its representative, its formation and development in Vietnam, guidelines, objectives, organizational structure and scope of operation, expected location of its head office;

b/ Religious tenets, canons and rituals;

c/ A list of proposed representatives of the organization certified by the commune-level People’s Committees of the localities in which these representatives lawfully reside;

d/ Number of its believers.

3. Competence to grant registration certificates and time limit for response:

a/ Within 45 working days after receiving a valid dossier, the central state management agency for religious affairs shall a grant a registration certificate to an organization operating in various provinces and centrally run cities. In case of refusal, it shall issue a written response clearly stating the reason;

b/ Within 30 working days after receiving a valid dossier, the provincial-level state management agency for religious affairs shall a grant a registration certificate to an organization operating mostly within a province or centrally run city. In case of refusal, it shall issue a written response clearly stating the reason.

Article 7. Religious operation of organizations after obtaining registration certificates

1. An organization that has registered for religious operation may:

a/ Conduct religious rituals and ceremonies, perform missionary work and preaching at the registered venue for religious activities;

b/ Hold congresses to approve its charter, statute and relevant contents before proposing competent state agencies to recognize them;

c/ Elect or select its leaders, organize training courses on religious doctrines;

d/ Repair, renovate and upgrade its facilities;

e/ Carry out charity and humanitarian activities.

2. When concluding the activities provided in Clause 1 of this Article, the organization must comply with this Decree and related legal documents.

Article 8. Recognition of religious organizations

1. Three years after obtaining a religious operation certificate, a religious organization which continuously conducts religious operations, does not violate this Decree and satisfies the conditions provided in Clause 1, Article 16 of the Ordinance on Beliefs and Religions may request recognition by a competent state agency.

2. Such an organization shall send a dossier to a competent state agency provided in Clause 2, Article 16 of the Ordinance on Beliefs and Religions.

A dossier comprises:

a/ A written request for recognition of a religious organization, clearly stating the religion, name and international transaction name (if any), full name of the representative, number of believers and scope of operation by the time of request, organizational structure and head office of the religious organization;

b/ A summary of the organization’s operation since the time of obtaining its religious operation certificate;

c/ Religious tenets and rules and rituals of the organization;

d/ The charter or statute of the organization:

3. Recognition competence and time limit for response:

a/ Within 45 working days after receiving a valid dossier, the Prime Minister shall consider and recognize a religious organization defined at Point a, Clause 2, Article16 of the Ordinance on Beliefs and Religions. In case of refusal, he/ she shall issue a written response clearly stating the reason;

b/ Within 30 working days after receiving a valid dossier, the chairperson of a provincial-level People’s Committee shall consider and recognize a religious organization defined at Point b. Clause 2, Article 16 of the Ordinance on Beliefs and Religions. In case of refusal, he/she shall issue a written response clearly stating the reason.

4. A religious organization which has obtained a religious operation registration certificate for full 3 years but during its operation violates Article 15 of the Ordinance on Beliefs and Religions and is handled by a competent state agency may not be considered for recognition. To be recognized, it must make re-registration under Article 6 of this Decree. One year after obtaining a new registration certificate, if it does not violate the law, it may request recognition by a competent state agency.

Section 2. ESTABLISHMENT, DIVISION, SEPARATION, MERGER. CONSOLIDATION OF ATTACHED RELIGIOUS ORGANIZATIONS

Article 9. Conditions for establishment, division, separation, merger and consolidation of attached religious organizations

1. The establishment of an attached religious organization must satisfy the following conditions:

a/ The religious organization  makes a written request for such establishment;

b/ The organization to be established belongs to the system of religious organizations recognized by the State;

c/ The number of believers in localities meets the conditions prescribed in the charter or statute of the religious organization.

2. The division or separation of an attached religious organization must satisfy the following conditions:

a/ The religious organization makes a written request for such division or separation;

b/ The divided or separated organization still belongs to the system of religious organizations recognized by the State;

c/ The number of believers of the attached religious organization is large and its operation areas are so large that it is difficult to manage and organize religious activities.

3. The merger or consolidation of attached religious organizations must satisfy the following conditions:

a/ The religious organization makes a written request for such merger or consolidation;

b/ The merged or consolidated organization still belongs to the system of religious organizations recognized by the State.

Article 10. Order and procedures for establishment, division, separation, merger and consolidation of attached religious organizations

1. A religious organization that establishes, divides, separates, merges or consolidates its attached religious organization shall make a written request to a competent state agency provided in Clause 2 of this Article. This request must clearly state the following contents:

a/ Name of the attached religious organization to be established; name of the attached religious organization before division, separation, merger or consolidation and proposed name of the attached religious organizations after division, separation, merger or consolidation;

b/ Reason for establishment, division, separation, merger or consolidation;

c/ List of proposed representatives of the attached religious organization to be established, divided, separated, merged and consolidated;

d/ Number of believers at the time of establishment; numbers of believers before and after division, separation, merger or consolidation;

e/ Scope of religious operation;

f/ Tentative location of the organization’s head office.

2. Deciding competence and time limit for response:

a/ Within 30 working days after receiving a valid written request, the Prime Minister shall consider, make decision and issue a written response to a religious organization defined in Clause 3, Article 17 of the Ordinance on Beliefs and Religions. In case of disapproval, he/she shall issue a written response clearly stating the reason;

b/ Within 20 working days after receiving a valid written request, a provincial-level People’s Committee shall consider, make decision and issue a written response to a religious organization defined in Clause 2, Article 17 of the Ordinance on Belief and Religions. In case of disapproval, it shall issue a written response clearly stating the reason.

Article 11. Seals of religious organizations

Religious organizations and their attached organizations that have been recognized by competent state agencies may use their seals in accordance with law.

Section 3: REGISTRATION OF RELIGIOUS SOCIETIES, ORDERS, MONASTERIES AND OTHER COLLECTIVE RELIGIOUS PRACTICE ORGANIZATIONS

Article 12. Registration of religious societies

1. Societies formed by religious organizations only for the purpose of serving religious ceremonies, including clarion band, drum band, flower-offering team, choir, funeral service team, ritual music band, children choir and other similar societies are not required to be registered with competent state agencies for operation.

2. For religious societies other than those provided in Clause 1 of this Article, the religious organization forming that society shall send a registration dossier to a competent state agency defined in Clause 2, Article 19 of the Ordinance on Beliefs and Religions.

A dossier comprises:

a/ A written registration, clearly stating the names of the registered religious organization, the society and the person responsible for the society’s operation;

b/ A list of persons managing the society:

c/ Internal rules, regulations or statute on operation of the society clearly stating its operation objectives and organizational and managerial structures.

3. Within 15 working days, for religious societies operating within a district, town or provin­cial city; 20 working days for religious societies operating in various districts, towns and provincial cities; or 30 working days for religious societies operating in various provinces and centrally run cities, after receiving a valid dossier, a competent state agency provided in Clause 2, Article 19 of the Ordinance on Beliefs and Religions shall grant a registration certificate to the religious organization. In case of refusal, it shall issue a written response clearly stating the reason.

Article 13. Registration of religious orders, monasteries and other collective religious practice organizations

1. Heads of religious orders, monasteries or other collective religious practice organizations shall send a dossier to a competent state agency defined in Clause 2, Article 19 of the Ordinance on Beliefs and Religions.

A dossier comprises:

a/ A written registration, clearly stating the religious order, monastery or another collective religions practice organization, head office or office, name of the head of the religious order, monastery or another collective religious practice organization;

b/ A list of monks;

c/ Internal rules, regulations or statute on operation clearly stating the operation guidelines and purposes, the organizational and managerial system, physical foundations, social activities, international activities (if any) of the religious order, monastery or another collective religious practice organization;

d/ A list of religious establishments under the religious order, monastery or another collective religious practice organization with certification of their organization and operation by the commune-level People's Committees of the localities in which these establishments are based.

2. Within 15 working days, for a religious order, monastery or another collective religious practice organization operating within a district, town or provincial city; 20 working days a religious order, monastery or another collective religious practice organization operating in various districts, towns and provincial cities; or 30 working days for a religious order, monastery or another collective religious practice organization operating in various provinces and centrally-run cities, after receiving a complete and valid dossier, a competent state agency provided in Clause 2, Article 19 of the Ordinance on Beliefs and Religions shall grant a registration certificate to religious order, monastery or another collective religious practice organization. In case of refusal, it shall issue a written response clearly stating the reason.

Section 4: ESTABLISHMENT, MANAGEMENT AND DISSOLUTION OF SCHOOLS AND OPENING OF REFRESHER COURSES FOR PROFESSIONAL RELIGIOUS ACTIVISTS

Article 14. Establishment of schools for professional religious activists

1. A lawful religious organization wishing to establish a school for training professional

religious activists shall send a dossier to The Prime Minister.

A dossier comprises:

a/ A written request for establishment of the school:

b/ The school-founding plan, clearly Stating the name of the religious organization proposing the school establishment, necessity to establish the school, the name and expected location of the school, enclosed with dossiers on land, physical foundations, financial capacity, raining objectives, functions, tasks, scale, programs and contents, the draft operation regulation, the draft enrolment regulation, enrolment quotas, expected school management board or board of trustees (below referred to as school management board) together with their resumes, and a list of expected lecturers.

2. In the training program, Vietnamese history and Vietnamese law are compulsory subjects.

3. Within 30 working days after receiving a valid dossier. The Prime Minister shall consider, make decision and issue a written response to the religious organization. In case of disapproval, he/ she shall issue a written response clearly stating the reason.

Article 15. Management of schools for professional religious activists

1. Before enrolment, a school management board shall send a notice of the school's enrolment quota to the central state management agency for religious affairs. Such notice must clearly state the expected number of enrollees and assurance conditions.

After fifteen working days from the date of sending a valid notice, a school may conduct enrolment according to its notice if the central state management agency for religious affairs gives no other opinion.

2. Vietnamese citizens learning at schools for professional religious activists are persons who have full civil act capacity and strictly observe law.

3. Responsibilities of competent state agencies:

a/ Provincial-level People’s Committees shall perform the administrative management of schools for professional religious activists in their localities;

b/ The Ministry of Education and Training shall assume the prime responsibility for and coordinate with the Ministry of Justice, the Ministry of Home Affairs and related agencies in guiding the programs and contents and examining the teaching of the Vietnamese history and Vietnamese law subjects in accordance with law.

Article 16. Foreign learners of schools for professional religious activists in Vietnam

1. Foreigners learning at schools for professional religious activists in Vietnam shall comply with immigration regulations and other relevant laws; and must he approved by school management boards which shall carry out procedures to report them to the central state management agency for religious affairs for consideration and decision.

A school management hoard shall send a dossier of its foreign learners to the central State management agency for religious affairs.

A dossier comprises:

a/ The school’s written request for enrolment of a foreign learner, clearly stating the school name and the learner's full name, citizenship, learning reason and time at the school:

b/ A copy of the foreign learner’s passport and its certified Vietnamese translation;

c/ Relevant documents as required by the school’s enrolment regulation.

2. Within 25 working days after receiving a valid dossier, the central state management agency for religious affairs shall issue a written response. In case of disapproval, it shall clearly state the reason.

3. Foreign learners of schools for professional religious activists shall comply with Articles 37. 30. 40 and 41 of this Decree when learning at these schools and when conducting religious activities after graduation.

Article 17. Dissolution of schools for professional religious activists

1. A religious organization that dissolves its school for professional religious activists shall send a notice to the Prime Minister, clearly stating the reason for and mode of dissolution.

Within 15 working days after receiving a valid notice, the Prime Minister shall issue a written response on the dissolution of the school.

2. The dissolved schools' land and property must be handled according to the current provisions of law.

Article 18. Opening of refresher courses for professional religious activists

1. A religious organization that opens a refresher course for professional religious activists shall send a written request to the chairperson of the provincial-level People's Committee of the locality in which the course shall be opened. Such request must clearly state the course name, the location and reason for opening the course, the duration, contents, program and trainees of the course and a list of lecturers.

2. Within 15 working days after receiving a valid dossier, the provincial-level People’s Committee chairperson shall issue a written response. In case of disapproval, he/ she shall clearly state the reason.

Section 5: ORDAINMENT, BESTOWAL, APPOINTMENT, ELECTION, SELECTION, REMOVAL FROM OFFICE AND DISMISSAL OF RELIGIOUS DIGNITARIES

Article 19. Registration of ordained, bestowed, appointed, circled and selected persons

1. Religious organizations that bestow, ordain, appoint, elect and select holders of the following titles: members of the Shangha, the Central Council of Administrators of the Buddhist Church of Vietnam, Buddhist superior bonzes, monks, chief nuns and nuns; members of the Executive Committee and chairpersons of various Committees of the Catholic Bishops’ Conference of Vietnam, Cardinals, Archbishops, Bishops, coadjutor bishops, auxiliary bishops, apostolic administrators, heads of Catholic orders; members of the Central Council of Administrators of protestant churches; members of Chiefs' Council, Sacerdotal Council. Standing Committee of the Sacerdotal Council, archbishops and holders of equivalent or higher titles of Cao Dai religious sect; members of the Central Executive Council of Hoa Hao Buddhist Church; equivalent positions and religious ranks of other religious organizations and heads of schools for professional religious activists, shall send written registrations to the central state management agency for religious affairs.

2. Religious organizations that bestow, ordain, appoint, elect and select religious dignitaries other than those provided in Clause 1 of this Article shall send written registrations to the provincial- level People's Committees of the localities in which these persons reside and conduct religious operations.

3. A religious organization’s written registration must dearly state the full name, religious rank, position and scope of religious management of the registered person.

4. Time limit for response:

a/ Twenty working days after submitting a valid written registration, if the central state management agency for religious affairs gives no other opinion, an ordained, bestowed, appointed, elected or selected person may conduct religious operations in his/her registered title, for the cases provided in Clause 1 of this Article;

b/ After ten working days from the date of submitting a valid written registration, if the provincial-level People’s Committee gives no other opinion, an ordained, bestowed, appointed, elected or selected person may conduct religious operations in his/her registered title, for the cases provided in Clause 2 of this Article.

Article 20. Foreign-related ordainment, bestowal, appointment, election and selection

1. Foreign-related ordainment, bestowal, appointment, election and selection must obtain written approval of the central state management agency for religious affairs.

A religious organization in Vietnam that has a person proposed for foreign-related ordainment, bestowal, appointment election or selection shall send a written request to the central state management agency for religious affairs, clearly Stating the name of the requesting religious organization, reason for request, full name, religious rank, position, scope of religious management and summary of religious activities of the proposed person.

2. Within 60 working days after receiving a valid written request, the central state management agency for religious affairs shall issue a written response. In case of disapproval, it shall clearly state the reason.

3. A foreign ordained, bestowed, appointed, elected or selected Vietnamese who has not been approved by the central state management agency for religious affairs may not use his/her title for religious operation in Vietnam.

Article 21. Notification of dismissal and removal from office of religious dignitaries

When dismissing or removing from office a religious dignitary under its management, a religious organization shall send a notice to a state management agency defined in Clause 1 or 2. Article 19 of this Decree, with which it has made registration, clearly stating the reason for dismissal or removal, enclosed with documents on its dismissal or removal.

Section 6. TRANSFER OF RELIGIOUS DIGNITARIES AND MONKS TO OTHER PLACES OF OPERATION

Article 22. Notification of transfer of religious dignitaries and monks to other places of operation

1. A religious organization that transfers a religious dignitary or monk to a new place of operation shall, within 3 working clays after issuing a transfer decision, send a notice to the People's Committee of the district, town or provincial city (below referred to as district-level People's Committee) from which that person shall be transferred.

2. Such a notice must clearly state the full name, religious rank and position of the transferred person, the reason for transfer, the places of religious operation from and to which that person is transferred.

Article 23. Registration of transfer of religious dignitaries and monks to new places of operation

1. Before transferring a religious dignitary or monk to a new place of operation, a religious organization shall send a registration dossier to the district-level People's Committee of the locality to which that person shall be transferred.

A dossier comprises:

a/ A written registration, clearly stating the full name, religious rank and position of the transferred person, the reason for transfer, the places of departure and destination;

b/ The religious organization’s document on the transfer;

c/ The transferred person's resume certified by the commune-level People's Committee of the locality in which this person lawfully resides.

2. After fifteen working days from the date of submitting a complete and valid dossier, if the district-level People’s Committee gives no other opinion, the religious dignitary or monk may conduct religious, operations at the registered place.

3. Before transferring to a new place of operation a religious dignitary or monk who has violated the law on religious and been administratively handled by the chairperson of a provincial-level People's Committee or criminally handled, a religious organization shall send a registration dossier provided in Clause 1 of this Article to the provincial-level People’s Committee of the locality to which that person shall be transferred.

Within 20 working days after receiving a valid dossier, the provincial-level People's Committee shall issue a written response. In case of disapproval, it shall clearly state the reason.

Chapter IV

RELIGIOUS OPERATION

Section 1: REGISTRATION OF ANNUAL RELIGIOUS OPERATION PROGRAMS OF GRASSROOTS RELIGIOUS ORGANIZATIONS

Article 24. Registration of annual religious operation programs of grassroots religious organizations

1. Before October 15 every year, heads of grassroots religious organizations shall send to commune-level People’s Committees a written registration of religious events to be held at their establishments in the following year. Such registration must clearly state the names of organizers, expected numbers of participants, contents and time of those events.

2. After fifteen working days after submitting a valid written registration, if commune-level People’s Committees give no other opinion, the grassroots religious organizations may operate in accordance with their registered contents.

Article 25. Religious operations outside registered programs of grassroots religious organizations

1. Religious operations outside the registered annual programs, which do not fall into the cases provided in Articles 18 and 25 of the Ordinance on Beliefs and religious, are specified as follows:

a/ For a religious event to be participated by believers outside a district, town or provincial city or outside a province, a grassroots religious organization shall obtain approval of the provincial-level People’s Committee of the locality in which such event shall be held;

b/ For a religious event to be participated by believers within a district, town or provincial city, a grassroots religious organization shall obtain approval of the district-level People’s Committee of the locality in which such event shall be held.

2. A grassroots religious organization shall send a written request to a competent state agency provided at Point a or b, Clause 1 of this

Article, clearly stating; the name, organizer, expected number of participants, contents, time and venue of the religious event and assurance conditions.

3. Within 15 working days after receiving a valid written request, a competent state agency provided at Point a or b, Clause 1 of this Article shall issue a written response. In ease of disapproval, it shall dearly suite the reason.

Section 2: REGISTRATION OF PERSONS WHO WANT TO LEAD A RELIGIOUS LIFE AT RELIGIOUS ESTABLISHMENTS

Article 26. Registration of persons who want to lead a religious life at religious establishments

1. The person in charge of a religious establishment shall send a registration dossier of persons who want to lead a religious life at religious establishments to the commune-level People's Committee of the locality in which such religious establishment is based within 3 working days after admitting those persons.

2. A dossier comprises:

a/ A list of persons who want to lead a religious life at religious establishments;

b/ These persons’ summarized personal records certified by the commune-level People's Committees of the localities in which these persons register permanent residence;

c/ Written opinions of their parents or guardians (for minors).

Section 3: CONFERENCES AND CONGRESSES OF RELIGIOUS ORGANIZATIONS

Article 27. Conferences and congresses of grassroots religious organizations

1. A grassroots religious organization that holds its annual conference or congress shall send a dossier to the district-level People’s Committee of the locality in which such conference or congress shall be held.

A dossier comprises:

a/ A written request, clearly stating the religious organization’s name, the reason for organizing the conference or congress, expected participants and their number, contents, agenda, time and venue of the conference or congress;

b/ A report on operation of the grassroots religious organization.

2. Within 5 working days after receiving a valid dossier, the district-level People's Committee shall issue a written response. In case of disapproval, it shall clearly state the reason.

Article 28. Conferences and congresses of the central committees or the entire religious sects of religious organizations

1. A religious organization operating in various provinces and centrally run cities that hold its annual conference or congress of its central committee or entire religious sect shall send a dossier to the central state management agency for religious affairs.

A dossier comprises:

a/ A written request, clearly stating the religious organization’s name, the reason for organizing the conference or congress, expected participants and their number, contents, agenda, time and venue of the conference or congress;

b/ A report on operation of the religious organization;

d/ Draft charter or statute or amended charter or statute (if any).

2. Within 20 working; days after receiving a valid dossier, the central state management agency for religious affairs shall issue a written response. In case of disapproval, it shall clearly state the reason.

Article 29. Conferences and congresses of religious organizations other than those provided in Articles 27 and 28 of this Decree

1. A religious organization other than those provided in Articles 27 and 28 of this Decree that holds its annual conference or congress shall send a dossier to the provincial-level People’s Committee of the locality in which such conference or congress shall be held.

A dossier comprises:

a/ A written request, clearly stating the religious organization's name, the reason for organizing the conference or congress, expected participants and their number, contents, agenda, time and venue of the conference or congress;

b/ A report on operation of the religious organization;

c/ Draft charter or statute or amended charter or statute (if any).

2. Within 10 working days after receiving a valid dossier, the provincial-level People’s Committee shall issue a written response. In case of disapproval, it shall clearly state the reason.

Article 30. Registration of amended charters and statutes

1. A religious organization that amends its charter or statute shall send a written registration together with the amended charter or statute to a competent state agency provided in Clause 1. Article 28 or Clause 1, Article 29, of this Decree. This registration must clearly state the name and representative of the religious organization, the reason for and contents of the amendment.

2. Within 7 working days after receiving an amended charter or statute, a competent state agency shall issue a written response. In case of disapproval, it shall clearly state the reason.

3. A religious organization may operate under its charter or statute which has been approved by a competent state agency.

Section 4: RITUALS, PREACHING AND MISSIONARY WORK BY RELIGIOUS ORGANIZATIONS, RELIGIOUS DIGNITARIES AND MONKS OUTSIDE THEIR ESTABLISHMENTS

Article 31. Rituals held by religious organizations outside their establishments

1. When organizing a ritual outside its establishment, which is attended by believers within a district, town or provincial city, a religious organization shall send a written request to the concerned district-level People’s Committee. Such request must clearly state the name, officiating person, contents, agenda, time, venue, scale and participants of the ritual.

Within 10 working days after receiving a valid written request, the district-level People’s Committee shall issue a written response. In case of disapproval, it shall clearly state the reason.

2. When organizing a ritual outside its establishment, which is attended by believers coming from various districts, towns and provincial cities or from various provinces and centrally-run cities, a religious organization shall send a written request to the provincial-level People's Committee of the locality in which the ritual shall be held.

Within 15 working days after receiving a valid written request, the provincial-level People's Committee shall issue a written response. In case or disapproval, it shall clearly state the reason.

Article 32. Preaching and missionary work outside religious establishments by religious dignitaries and monks

1. A religious dignitary or monk, who conducts preaching or missionary work outside a religious establishment shall send a dossier to the district-level People's Committee of the locality in which he/she shall conduct preaching or missionary work.

A dossier comprises:

a/ A written request, clearly stating the reason for preaching or missionary work outside the religious establishment, the contents, program, time, venue, organizer and participants of the event:

b/ Written opinion of the dignitary’s or monk's religious organization or the religious organization directly managing him/her.

2. Within 10 working days after receiving a valid dossier, the district-level People's Committee shall issue a written response. In case of disapproval, it shall clearly state the reason.

Section 5: RELIGIOUS OPERATIONS OF RELIGIOUS DIGNITARIES AND MONKS AT RELIGIOUS ESTABLISHMENTS RANKED AS HISTORICAL- CULTURAL RELICS OR SCENIC PLACES

Article 33. Operations of religious dignitaries and monks at religious establishments ranked as historical-cultural relics or scenic places

1. A religious organization that has a religious establishment ranked as a historical-cultural relic or scenic place may assign its religious dignitaries and monks to join the relic management unit set up by a competent state agency.

2. Religious dignitaries and monks of religious establishment ranked as historical-cultural relies or scenic places may conduct religious operations as at other religious establishments.

3. Proceeds from donations and grants to a religious establishment ranked as a historical-cultural relic or scenic place and from its organization of festivals shall he made public by the relic management unit and be used to manage and upgrade the relic, and fund religious operations and daily-life activities of religious dignitaries and monks of that establishment.

Section 6: RENOVATION, UPGRADING AND CONSTRUCTION OF BELIEF, RELIGIOUS AND AUXILIARY WORKS OF BELIEF ESTABLISHMENTS AND RELIGIOUS ESTABLISHMENTS

Article 34. Renovation, upgrading and construction of belief, religious and auxiliary works of belief establishments and religious establishments subject to construction licensing

1. Belief works include communal houses, temples, worship places, shrines, ancestral worship hulls of families and clans, and other similar works.

2. Religious works include offices of religious organizations, pagodas, churches, oratories, sanctuaries, chapels, Buddhist sanctuaries, schools for professional religious activists, monuments, steles, towers and oilier similar works of religious organizations.

Auxiliary works are works of belief establishments and religious establishments which are not used for worship, including living rooms, guest rooms, dining rooms, kitchens, fence walls and other similar works of belief establishments and religious establishments.

3. The renovation, upgrading and construction of the works provided in Clauses 1, 2 and 3 of this Article and belief and religious works being state-ranked historical-cultural relics and scenic places comply with the construction law and related laws.

Article 35. Repair, renovation and upgrading of belief and religious works not subject to construction licensing

Repair, renovation or upgrading of belief or religious works other than state-ranked historical- cultural relies or scenic places which docs not change the architecture, force-bearing structure or safety of surrounding works and areas is not subject to construction licensing.

Before repairing, renovating or upgrading a work, the representative of a belief establishment or religious establishment shall send a notice to the concerned commune-level People's Committee, clearly stating the reason, time, work items, scope and level of repair. The commune - level People's Committee shall examine and supervise the repair in accordance with law.

Section 7: FUNDRAISING BY BELIEF ESTABLISHMENTS AND RELIGIOUS ORGANIZATIONS

Article 36. Fundraising by belief establishments and religious organizations

1. A belief establishment or religious organization that conducts a fundraising shall send a notice to a competent state agency provided in Clause 2 of this Article, clearly stating the fundraising purpose, scope, mode and time, and the management mechanism and use of collected property.

1. Agencies receiving fundraising notices of belief establishments and religious organizations:

a/ The commune-level People's Committee of the locality where the fundraising is conducted, for a fundraising within a commune:

b/ The district-level People's Committee of the locality where the fundraising is conducted, for a fundraising beyond a commune but within a district;

c/ The provincial-level People's Committee of the locality where the fundraising is conducted, for a fundraising beyond a district;

2. Within 3 working days, for the case provided at Point a. Clause 2 of this Article; 5 working days, for the case provided at Point b, Clause 2 of this Article; or 7 working days, for the case provided Point c. Clause 2 of this Article, a competent state agency provided In Clause 2 of this Article shall issue a written response and supervise the fundraising according to the notice. In case of disapproval, it shall clearly state the reason.

3. Belief establishments and religious organizations that conduct fundraising must ensure publicity and transparency of the collected amounts, including their allocation; and may not take advantage of their names to raise funds for personal interests or for illegal purposes.

The receipt, management and use of foreign-related donations comply with law.

Section 8: INTERNATIONAL RELATIONS OF RELIGIOUS ORGANIZATIONS, BELIEVERS. MONKS AND RELIGIOUS DIGNITARIES

Article 37. Invitation of foreign organizations and individuals to Vietnam

1. A religious organization, monk or religious dignitary that invites a foreign organization or individual to Vietnam for religion-related international cooperation activities shall send a dossier to the central state management agency for religious affairs.

A dossier comprises:

a/ A written request, clearly stating the name of the organization or person making the invitation, purpose and contents of cooperation activities, list of guests, tentative program, time and venue for organization;

b/ A summary of major activities of the foreign organization or individual.

2. Within 25 working days after receiving a valid dossier, the central state management agency for religious affairs shall issue a written response. In case of disapproval, it shall clearly state the reason.

Article 38. Participation in religious events and religious training courses overseas

1. A religious organization or individual that participates in a religious event or a religious training course overseas shall send a dossier to the central state management agency for religious affairs.

A dossier comprises:

a/ A written request, clearly stating the purpose, program, time and venue of the religious event or religious training course overseas to which the Vietnamese religious organization or individual is invited;

b/ Invitation to the religious event or written approval of training, by the overseas religious organization or individual;

c/ Written approval of the managing religious organization.

2. Within 25 working days after receiving a valid dossier, the central state management agency for religious affairs shall issue a written response. In case or disapproval, it shall clearly State the reason.

3. For a religious dignitary, monk or believer who, after completing a religious training course overseas, is ordained, bestowed, appointed, elected or selected by an overseas religious organization, and returns Vietnam for religious operation, his/her managing religious organization shall make registration with a competent state agency in accordance with Article 19 of this Decree.

Article 39. Preaching by foreign religious dignitaries and monks in Vietnam

1. A religious organization which invites a foreign religious dignitary or monk to preach at a religious establishment in Vietnam shall send a written request to the central state management agency for religious affairs, clearly stating the name and citizenship of the religious dignitary of monk, name of the foreign religious organization, the program, contents, time and venue of preaching, the organizer and participants.

2. Within 25 working days after receiving a written request, the central state management agency for religious affairs shall issue a written response. In case of disapproval, it shall clearly state the reason.

Article 40. Religious activities of foreigners in Vietnam

1. Foreigners lawfully residing in Vietnam are created conditions to conduct religious activities at religious establishments like Vietnamese believers.

2. Foreigners wishing to gather for religious activities at a lawful religious establishment in Vietnam shall send a dossier to the provincial-level People’s Committee.

A dossier comprises:

a/ A written request for religious activities, clearly stating the name, citizenship and religion of the representative; reason, time for religious activities, number of participants and the religious establishment at which religious activities shall be conducted;

b/ A certified copy of the document on the representative’s lawful residence in Vietnam;

c/ Written approval of the lawful religious establishment at which foreigners shall conduct religious activities.

3. Within 25 working days after receiving a valid dossier, the provincial-level People's Committee shall issue a written response. In case of disapproval, it shall clearly state the reason.

4. Foreigners engaged in religious activities in Vietnam shall comply with this Decree and related law.

Article 41. Religion-related immigration

While complying with Articles 37, 38,39 and 40 of this Decree, religious organization, believers, monks and religious dignitaries shall comply with the immigration law.

Chapter V:

ORGANIZATION OF IMPLEMENTATION

Article 42. Responsibilities of the Ministry of Home Affairs and related agencies

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

2. When implementing the Ordinance on Beliefs and Religious and this Decree, for cases falling under the Prime Minister’s competence, the Ministry of Home Affairs shall receive dossiers and assume the prime responsibility for, and coordinate with related ministries, sectors and localities in appraising and submitting those dossiers to the Prime Minister for decision. For cases to be settled by People's Committees, People’s Committees of different levels and state management agencies for religious affairs of the same levels shall receive dossiers and coordinate with related agencies in appraising and submitting these dossiers to People’s Committees and chairpersons of People’s Committees for decision.

3. The Ministry of Culture, Sports and Tourism, the Ministry of Education and Training, the Ministry of Construction and the Ministry of Natural Resources and Environment shall, based on their functions, tasks and powers, coordinate with the Ministry of Home Affairs in assisting the Government in performing state management of beliefs and belief festival; the subjects of Vietnamese history and Vietnamese law: construction of belief and religious works; and land related to belief and religion.

Article 43. Dossier receipt

1. When implementing the Ordinance on Beliefs and religious and this Decree, organizations or individuals shall send a dossier directly or by post to a competent state agency.

2. When receiving a valid dossier, a competent state agency shall issue a receipt which specifies the dale of result notification. Such receipt shall be made in two copies, one to be given to the applying organization or individual and one filed at the competent state agency. For an invalid dossier, the competent state agency shall give explanations and guidance for the organization or individual to finalize the dossier in accordance with regulations. The time for finalizing the dossier is not counted in the time limit for response.

Article 44.Transitional provisions

1. Religious organizations that have obtained a religious operation registration certificate from a competent state agency and been recognized under the Government's Decree No. 22/2005/ ND-CP of March 1, 2005, guiding a number of articles of the Ordinance on Beliefs and religious, are not required to carry out registration and recognition procedures again under this Decree.

2. Religious societies, religious orders, monasteries and other collective religious organizations which have obtained operation registration certificates from competent state agencies under the Government's Decree No. 22/2005/ND-CP of March 1, 2005, guiding a number of articles of the Ordinance on Beliefs and religious, are not required to carry out registration procedures again under this Decree.

Article 45. Effect

This Decree takes effect on January 1, 2013.

This Decree replaces the Government's Decree No. 22/2005/ND-CP or March 1, 2005, guiding a number of articles of the Ordinance on Beliefs and religious.

Article 46. Implementation responsibility

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