Luật 02/2016/QH14

Law No. 02/2016/QH14 dated November 18, 2016, on religion and folk belief

Nội dung toàn văn Law on religion and folk belief


NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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Law No. 02/2016/QH14

Hanoi, November 18, 2016

 

LAW

ON RELIGION AND FOLK BELIEF

Pursuant to the Constitution of the Socialist Republic of Vietnam;

National Assembly promulgates the Law on religion and folk belief.

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. The Law provides for the right to freedom of religion or belief; religious activities, practices of folk beliefs; religious organizations; rights and obligations of the agencies, organizations and individuals concerning religious activities and practices of folk beliefs.

2. This Law applies to the agencies, organizations and individuals that maintain and exercise the right to freedom of religion and belief.

Article 2. Terminology

In this Law, the following words and expressions shall bear the following meanings:

1. Folk belief represents the human’s faith manifested through rituals in connection with traditional custom to bring about individual and communal spiritual peace.

2. Practice of folk beliefs means the activities of worshiping ancestors and sacred symbols, of commemorating and honoring people with meritorious contributions to the country or a community; and folk rituals typical of historical, cultural, ethical and social values.

3. Folk belief festival is a congregational practice of belief(s) that proceeds with traditional rites to gratify a community’s spiritual aspirations.

4. Folk religious establishment is a place where a community practices folk beliefs, such as communal house, temple, shrine, ancestral house and similar establishments.

5. Religion represents the human's faith whose existence is accompanied by a system of notions and activities encompassing the objects of worship, tenets, religious law, rites and organization.

6. Follower means an adherent who professes a religion and is admitted by such religion.

7. Monastic is a renunciate who regularly exercises an exclusive way of life in adherence to a religious organization's tenets, religious law and rules.

8. Dignitary is a follower who is ordained by a religious organization or is selected to hold a hierarchical rank in such organization.

9. Sub-dignitary is appointed, elected or selected by a religious organization, a religious affiliate or an organization with certified registration of religious activities to operate religiously to hold a position in such organization.

10. Religious practice means the manifestation of a religious faith, the exercise of religious tenets and law, and the performance of religious rites.

11. Religious activities comprise the missionary work, the practice of religion and the management of the organization of a religion.

12. Religious organization is a multitude of followers, dignitaries, sub-dignitaries and monastics organized under a certain structure that the government acknowledges to carry out religious activities.

13. Religious affiliate is an institute that belongs directly to a religious organization and is established under the charter and regulations of such religious organization.

14. Religious establishment refers to a pagoda, church, chapel, holy temple, cathedral, office or legitimate facility of a religious organization.

15. Legitimate location means a land lot, residential house or building that an organization or individual has the lawful right to use pursuant to the law.

16. Representative is a person who represents and assumes liability to the law for the practice of folk beliefs, congregational practice of religion and religious activities of a congregation or organization for which that person acts.

Article 3. Responsibilities of the government for maintaining the right to freedom of religion and belief

1. The government respects and protects the right to freedom of religion and belief of every person and maintain the equality of religions before the law. 

2. The government upholds and defends the virtuous and cultural values of folk beliefs, religions, worshiping of ancestors and honoring of individuals with meritorious contributions to the country or the public to gratify the people’s spiritual pursuits.

3. The government protects folk religious and religious establishments and their legitimate assets.

Article 4. Responsibilities of Vietnam Fatherland Front

1. Assemble practicing and non-practicing compatriots as a congregation of great national unity to develop and defend the country.

2. Present promptly the people’s opinions, desires and recommendations on religion and folk belief to competent government authorities.

3. Participate in drafting legislative documents on folk belief and religion; provide social counsels against the government’s drafts of legislative documents, plans, programs and economic - social development projects that concern folk belief and religion as per the law.

4. Participate in propagandizing and exhorting dignitaries, sub-dignitaries, monastics, followers and practitioners of religions and folk beliefs, religious organization and the people to abide by the legislation on folk belief and religion.

5. Supervise the activities of bodies, organizations, elected representatives, state officials and state employees in relation to the implementation of policies and legal regulations on folk belief and religion.

Article 5. Prohibitions

1. Discriminate or differentiate on the pretext of religion or folk belief.

2. Coerce, entice or obstruct people to or not to practice a religion or folk belief.

3. Insult a religion or folk belief.

4. Practices of folk beliefs or religious activities:

a) That encroach on national security, national defense, national sovereignty, social order and safety, environment;

b) That violate social ethics or people's body, health, life, assets or dignity;

c) That obstruct the exercise of a citizen’s rights and obligations;

d) That sow divisions among the people or religions; between practicing and non-practicing people; and among the followers of different folk beliefs or religions.

5. Abuse the practice of folk beliefs or religious activities for profiteering.

Chapter II

RIGHT TO FREEDOM OF RELIGION AND FOLK BELIEF

Article 6. Right to freedom of religion and folk belief for every person

1. Every person has the right to freedom of religion and folk belief and the right to follow or not to follow a religion.

2. Every person has the right to manifest the faith of religion or folk belief and to perform religious and folk religious rites; participate in festivals; learn and exercise religious law and tenets.

3. Every person has the right to pursue a monastic life in religious establishments and pursue education in religious educational institutions and religious organizations’ supplementary courses. Adolescents require the permission of their parents or guardians for pursuing a monastic life in a religious establishment or pursuing education in a religious educational institution.

4. Dignitaries, sub-dignitaries and monastics have the right to perform religious rites, to preach and to do missionary work in religious establishments or at legitimate locations.

5. People held in detention pursuant to the legislation on temporary detention, people serving time in prison, people sent to a reformatory, compulsory education institution or compulsory rehabilitation center have the right to read scriptures and manifest their faith of religion or folk belief.

6. The government shall stipulate detail on the maintenance of the rights defined in Section 5 of this Article.

Article 7. Rights of religious organizations and religious affiliates

1. Carry out religious activities pursuant to the religious organization’s charter, regulations and similar literature (hereinafter referred to as the charter).

2. Organize the practice of religion.

3. Publish religious scriptures and publications.

4. Produce, import and export religious cultural products and articles.

5. Overhaul, upgrade and construct religious establishments.

6. Receive legitimate assets that domestic and foreign organizations and individuals donate voluntarily.

7. Have other rights defined in this Law and in relevant legislative documents.

Article 8. Right to freedom of religion and folk belief for foreigners residing lawfully in Vietnam

1. The government of Vietnam respects and protects the right to freedom of religion and folk belief of the foreigners who reside lawfully in Vietnam.

2. Foreigners residing lawfully in Vietnam have the right to:

a) Practice religion, practice folk beliefs and participate in religious activities;

b) Practice religion en masse at legitimate locations; 

c) Invite Vietnamese dignitaries, sub-dignitaries and monastics to perform religious rites and preach; invite foreign dignitaries and monastics to deliver sermon;

d) Pursue a monastic life in religious establishments, pursue education in religious educational institutions and attend supplementary courses in religious establishments in Vietnam;

dd) Carry religious publications and articles to practice religion pursuant to the laws of Vietnam.

3. Foreign dignitaries and monastics who reside lawfully in Vietnam are permitted to give sermon in religious establishments or at legitimate locations in Vietnam.

Article 9. Obligations of organizations and individuals when exercising the right to freedom of religion and folk belief

1. Organizations and individuals practicing folk beliefs and participating in religious activities shall adhere to the Constitution, this Law and other relevant legal regulations.

2. Dignitaries, sub-dignitaries, monastics, representatives and the managements of folk religious establishments shall be responsible for guiding followers and participants in the practice of folk beliefs and religious activities to abide by the law when practicing folk beliefs and conducting religious activities.

Chapter III

PRACTICE OF FOLK BELIEFS

Article 10. Principles of the practice of folk beliefs

1. Folk belief activities and folk belief festivals shall conserve and uphold the country's fine cultural and traditional values.

2. The organization of folk belief activities and folk belief festivals shall maintain security, order, social safety, thrift and environmental protection.

Article 11. Representatives and the managements of folk religious establishment

1. A folk religious establishment shall have a representative or the management that assumes liability to the law for the establishment’s activities.

2. The representative(s) or members of the management of a folk religious establishment shall be Vietnamese citizen(s) residing permanently in Vietnam, possess full capacity for civil acts and have prestige among the residential community.

3. People’s Committee of the commune where the folk religious establishment exists shall cooperate with the equivalent Vietnam Fatherland Front Committee in organizing the residential community’s election of the representative(s) or members of the management. People’s Committee of the commune shall base on the result of election and Section 2 of this Article to validate in writing the representative(s) or members of the management of the folk religious establishment in 05 working days from the date of election.

4. The election of the representative(s) or the formation of the management of a folk religious establishment ranked as a historic - cultural vestige or scenic sight shall be subject to the legislation on cultural heritage.

5. The election of the representative(s) or the formation of the management of an ancestral house shall not be subject to Section 3 of this Article.

Article 12. Registration of the practice of folk beliefs

1. Folk belief activities of a folk religious establishment shall be subject to registration, except ancestral houses.

2. The representative(s) or the management of a folk religious establishment shall be responsible for applying in writing to the People’s Committee of the commune where such establishment is located for registration in at least 30 days prior to the date that the establishment commences its folk belief activities, except for the circumstance defined in Article 14 herein.

The application shall specify the name of the folk religious establishment, folk belief activities, contents, scope, time and locations of such activities.

People’s Committee of the commune shall be responsible for reverting in writing in 15 days upon receiving the valid application. If such application is rejected, reason(s) shall be notified.

3. The representative(s) or the management of the folk religious establishment shall be responsible for applying for additional registration of the folk belief activities not indicated in the registered list pursuant to Section 2 of this Article in at least 20 days prior to the occurrence of such activities.

Article 13. Organization of periodic folk belief festivals

1. The representative(s) or the management of a folk religious establishment shall be responsible for notifying competent government authorities in writing of its organization of a periodic folk belief festival in at least 20 days prior to the occurrence of such festival in the following manner:

a) People’s Committee of the commune where the festival occurs shall be responsible receiving notifications of folk belief festivals whose scope is limited to a commune, ward or town (hereinafter referred to as commune);

b) People’s Committee of the district where the festival occurs shall be responsible for receiving notifications of folk belief festivals that proceed in multiple communes in a district, township, provincial city or city within a centrally-affiliated city (referred to as district);

c) People’s Committee of the province where the festival occurs shall be responsible for receiving notifications of folk belief festivals that proceed in multiple districts in a province or centrally-affiliated city (referred to as province).

2. The notification shall specify the name, content, scope, time and location of the folk belief festival, the planned members of the organizing committee and the essential conditions to maintain order, social safety and environment protection during the festival.

3. The organization of periodic folk belief festivals in a folk religious establishment that is a ranked historic - cultural vestige or scenic sight shall be subject to the legislation on cultural heritage.

4. Competent government authorities defined in Section 1 of this Article shall be responsible for maintaining the adherence of folk belief festivals to the notifications.

Article 14. Organization of folk belief festivals that occur for the first time, resume or proceed periodically but undergo a revision

1. The representative(s) or the management of a folk religious establishment shall be responsible for applying in writing to the People’s Committee of the province where its folk belief festival takes place if such festival ensues for the first time, resumes after a period of inactivity or proceeds periodically but undergoes a revision to its scope, content, time or location.

The application shall specify the name, content or revised content, scope, time and location of the festival, the planned members of the organizing committee and the essential conditions for maintaining order, social safety and environment protection during the festival.

2. Provincial People’s Committee shall be responsible for reverting in writing in 30 days upon receiving the valid application. If such application is rejected, reason(s) shall be notified.

Article 15. Management and use of revenues from the organization of folk belief festivals

1. The representative(s) or the management of a folk religious establishment shall be responsible for managing and spending revenues from the festivals that it has organized in appropriate, public and transparent manner.

2. In no more than 20 days upon the end of a festival, the representative(s) or the management of the folk religious establishment shall be responsible for notifying competent government authorities in writing of the revenues and their uses pursuant to Section 1, Article 13 herein.

Chapter IV

REGISTRATION OF RELIGIOUS PRACTICE AND RELIGIOUS ACTIVITIES

Article 16. Requirements for registration of congregational religious practice

1. A religious organization shall apply for registration of its followers' congregational practice of religion at the locations ineligible for the establishment of a religious affiliate or an organization with certified registration of religious activities shall apply for registration of its members’ congregational practice of religion on the following conditions:

a) Have a legitimate location for religious practice;

b) The congregational practicing group has a representative who holds Vietnamese citizenship, resides permanently in Vietnam, possess full capacity for civil acts, is not bound by any remedial administrative measures concerning folk belief or religion, is not associated with any conviction records or is not accused of any crimes pursuant to the legislation on criminal procedure;

c) The content of the religious practice is not prohibited pursuant Article 5 herein.

2. Followers of a religion, who do not fit in with the definition in Section 1 of this Article shall apply for registration of their congregational religious practice upon satisfying the requirements defined in Section 1 of this Article and the following conditions:

a) Observe religious tenets and law;

b) The name of the congregational practicing group does not overlap with those of the religious organizations or the organizations with certified registration of religious activities, of the political organizations, of the socio-politic organizations or of the national heroes or men of greatness.

Article 17. Procedure and authority to certify the registration of congregational religious practice

1. A religious organization, an organization with certified registration of religious activities or the representative(s) of a group of followers as stated in Section 2 of Article 16 herein shall apply in writing to the People’s Committee of the commune where the legitimate location for religious practice exists for registration of congregational religious practice.

2. The application includes:

a) The form of application, which specifies the name of the applicant organization; the name of the religion; the full name and residential address of the representative; the content, location and time of religious practice, quantity of participants;

b) The written evidences of the possession of a legitimate location for religious practice;

c) The resume(s) of the representative(s) of the congregational practicing group;

d) The written summary of the religious tenets and law if the registration is subject to Section 2, Article 16 herein.

3. People’s Committee of the commune shall be responsible for reverting in writing in 20 days upon receiving the valid application. If such application is rejected, reason(s) shall be notified.

Article 18. Requirements for certification of an organization’s registration of religious activities

An organization's registration of religious activities shall be certified on the following conditions:

1. Religious tenets, laws and rites exist;

2. Its principles, objectives and operational regulations are not contrary to the law;

3. The name of the organization does not overlap with those of the religious organizations or the organizations with certified registration of religious activities, of the political organizations, of the socio-politic organizations or of the national heroes or men of greatness;

4. The representative(s) or head of the organization holds Vietnamese citizenship, resides permanently in Vietnam, possess full capacity for civil acts, is not bound by any remedial administrative measures concerning folk belief or religion, is not associated with any conviction records or is not accused of any crimes pursuant to the legislation on criminal procedure;

5. It is based at a legitimate location;

6. The content of its religious activities is not prohibited pursuant to Article 5 herein.

Article 19. Procedure and authority to certify the registration of religious activities

1. An organization that qualifies pursuant to Article 18 herein shall apply in writing to competent government authority defined in Section 3 of this Article for registration of religious activities.

2. The application includes:

a) The form of application, which specifies the name of the organization; the name of the religion; the principles and objectives; the contents and area of operation; the origin and progress of development in Vietnam; the full name of the representative; the quantity of followers; the organizational structure and expected location of its base;

b) The list, resumes, judicial records and summaries of religious activities of the representative and expected leaders of the organization;

c) The written summary of the religious tenets, laws and rites;

d) The operational regulations of the organization;

dd) The written evidences of the availability of a legitimate location for its facilities.

3. Authority to certify the registration of religious activities:

a) The body of the People's Committee of a province, which is specialized in state management of folk belief and religion (hereinafter referred to as the provincial bodies specialized in folk belief and religion), shall issue certificates of registration of religious activities to the organizations operating solely in such province in 60 days upon receiving a full and valid application. If an application is rejected, reason(s) shall be notified;

b) The central government’s body responsible for state management of folk belief and religion shall issue certificates of registration of religious activities to the organizations operating in multiple provinces in 60 days upon receiving a full and valid application. If an application is rejected, reason(s) shall be notified.

Article 20. Operations of the organizations with certified registration of religious activities

1. An organization, after the certification of its registration of religious activities, can carry out the following operations:

a) Organize religious ceremonies, religious practices, sermons and courses of training in religious tenets;

b) Appoint, elect and nominate sub-dignitaries;

c) Repair and overhaul its base;

d) Participate in charitable and humanitarian activities;

dd) Organize general meetings by its charter. 

2. When conducting the operations defined in Section 1 of this Article, the organization shall adhere to this Law and other relevant legal regulations.

Chapter V

RELIGIOUS ORGANIZATIONS

Part 1. ACCREDITATION OF RELIGIOUS ORGANIZATIONS; ESTABLISHMENT, SPLIT-UP, SPIN-OFF, MERGER AND CONSOLIDATION OF RELIGIOUS AFFILIATES

Article 21. Requirements for accreditation of religious organizations

An organization with certified registration of religious activities shall be accredited as a religious organization on the following conditions:

1. It has operated stably and continuously for at least 05 years since the certification of its registration of religious activities;

2. It has a charter pursuant to Article 23 of this Law;

3. The representative(s) or head of the organization holds Vietnamese citizenship, resides permanently in Vietnam, possess full capacity for civil acts, is not bound by any remedial administrative measures concerning folk belief or religion, is not associated with any conviction records or is not accused of any crimes pursuant to the legislation on criminal procedure;

4. Its organizational structure adheres to its charter;

5. It has assets independent from other organizations and individuals, and it assumes liabilities with its own assets.

6. It engages in legal relations independently.

Article 22. Procedure and authority to accredit religious organizations

1. An organization that qualifies pursuant to Article 21 herein shall apply in writing to competent government authority defined in Section 3 of this Article for accreditation as a religious organization.

2. The application includes:

a) The form of application, which specifies the name of the applicant organization, the international transaction name (if available); the name of the religion; the full name of the representative(s); the quantity of followers, the area of operation at the time of application; the organizational structure and its base;

b) The written summary of its operational progress since the certificate of its registration of religious activities;

c) The list, resumes, judicial records and summaries of religious activities of the representative and expected leaders of the organization;

d) The written summary of the religious tenets, laws and rites;

dd) The charter of the organization;

e) The written declaration of the organization's legitimate assets;

g) The written evidences of the availability of a legitimate location for its facilities.

3. Authority to accredit a religious organization:

a) People’s Committee of a province shall decide on the accreditation of religious organizations that operate solely in such province in 60 days upon receiving a full and valid application. If an application is rejected, reason(s) shall be notified;

b) The central government’s body responsible for state management of folk belief and religion shall decide on the accreditation of religious organizations operating in multiple provinces in 60 days upon receiving a full and valid application. If an application is rejected, reason(s) shall be notified.

Article 23. Charter of a religious organization

The charter of a religious organization shall fundamentally comprise:

1. The name of the organization;

2. Principles, objectives and rules of operation;

3. Area of operation, headquarter;

4. Finance, assets;

5. Legal representative, sample of the official seal;

6. Functions, missions, authority and organizational structure of the religious organization and religious affiliates;

7. Missions and authority of the management of the religious organization and religious affiliates;

8. Conditions, criteria, authority, methods of ordination, appointment, election, selection, relocation, dismissal, deposition of dignitaries, sub-dignitaries and monastics;

9. Conditions, authority and methods of dissolution of the religious organization; the establishment, split-up, spin-off, merger, consolidation and dissolution of the religious affiliates;

10. The organization of conferences and general meetings; formalities for approval of decisions on and amendments to the charter; rules and methods of settlement of internal conflicts;

11. The relations between the religious organization with religious affiliates and with other relevant organizations and individuals.

Article 24. Amendment to the charter

1. A religious organization shall register the amendments to its charter with competent government authority defined in Section 3, Article 22 herein. Its application for registration shall specify the name of the religious organization and representative(s), content and reason of amendment. The amended charter shall be also included in the application.

2. Competent government authorities shall be responsible for reverting in writing in 30 days upon receiving the valid application. If such application is rejected, reason(s) shall be notified.

3. The religious organization shall operate according to the amended charter upon acquiring the competent government authority's approval.

Article 25. Name of a religious organization

1. A religious organization shall be named in Vietnamese.

2. The name of the organization does not overlap with those of other religious organizations or the organizations with certified registration of religious activities, of the political organizations, of the socio-politic organizations or of the national heroes or men of greatness.

3. The religious organization shall use its name when interacting with other organizations and individuals.

4. The name of the religious organization shall be accredited and protected by the law.

5. The religious organization shall apply to the competent government authority defined in Section 3, Article 22 herein for changing its name.

6. The religious organization shall be responsible for applying to the competent government authority defined in Section 3, Article 29 herein for changing the names of its religious affiliates.

Article 26. Relocation of a religious organization’s base

1. A religious organization, when relocating its base, shall apply to the People’s Committee of the province where its base is relocated to for approval. Moreover, it shall notify in writing the competent government authority defined in Section 3, Article 22 herein.

2. A religious affiliate, when relocating its base, shall apply to the People’s Committee of the province where its base is relocated to for approval. Moreover, it shall notify in writing the competent government authority defined in Section 3, Article 29 herein.

Article 27. Establishment, split-up, spin-off, merger and consolidation of religious affiliates

1. A religious organization or religious affiliate can establish its religious affiliates, split them up, spin them off, merge them into another, or have them consolidate.

2. A religious affiliate, when split up, shall cease to exist and its rights and obligations shall be transferred to the new religious affiliates.

3. A religious affiliate, which is spun off, and the newly formed one shall carry out their rights and obligations in accordance with the purposes of operation.

4. A religious affiliate, when merged, shall cease to exist and its rights and obligations shall be transferred to the merging religious affiliate.

5. Religious affiliates, when consolidating, shall cease to exist upon the formation of the consolidated religious affiliate; and their rights and obligations shall be transferred to the one newly formed.

Article 28. Requirements for establishment, split-up, spin-off, merger and consolidation of religious affiliates

A religious organization’s or religious affiliate’s establishment, split-up, spin-off, merger and consolidation of religious affiliates are subject to the following conditions:

1. The charter of the religious organization stipulates the establishment, split-up, spin-off, merger and consolidation of religious affiliates;

2. The activities of the religious affiliate, before being split up, being spun off, being merged or consolidating, are not prohibited pursuant to Article 5 herein;

3. It is based at a legitimate location.

Article 29. Procedure and authority to approve the establishment, split-up, spin-off, merger and consolidation of religious affiliates

1. A religious organization or religious affiliate shall apply in writing to competent government authority defined in Section 3 of this Article for establishing, splitting up, spinning off, merging or consolidating religious affiliate(s).

2. The application includes:

a) The application form, which specifies the reasons(s), the name of the applicant organization; the name of the religious affiliate(s) to be formed; the name of the organization(s) and relevant representative(s) before and after the split-up, spin-off, merger or consolidation; the area of operation and quantity of followers of the religious affiliate(s) upon its (their) initial formation; the area of operation and quantity of followers of the religious affiliate(s) before and after the split-up, spin-off, merger or consolidation; the organizational structure and expected location(s) of the religious affiliate(s) after its (their) formation, split-up, spin-off, merger or consolidation;

b) The written summary of operation of the religious affiliate(s) before the split-up, spin-off, merger or consolidation;

c) The list, resumes, judicial records and summaries of religious activities of the representative(s) and expected leaders of the religious affiliate(s);

d) The charter, if available, of the religious affiliate(s);

dd) The written declaration of legitimate assets of the religious affiliate(s);

e) The written evidences of the availability of legitimate location(s) for its (their) facilities.

3. The following authorities shall approve the establishment, split-up, spin-off, merger and consolidation of religious affiliates:

a) People’s Committee of a province shall be responsible for responding in writing to a full and valid application for the establishment, split-up, spin-off, merger or consolidation of religious affiliate(s) operating solely in such province in 60 days upon receiving such application. If the application is rejected, reason(s) shall be notified;

b) The central government’s body responsible for state management of folk belief and religion shall respond in writing to a full and valid application for the establishment, split-up, spin-off, merger or consolidation of religious affiliate(s) operating in multiple provinces in 60 days upon receiving such application. If the application is rejected, reason(s) shall be notified.

4. Upon the approval of the competent government authority, the religious organization or religious affiliate shall initiate in writing the establishment, split-up, spin-off, merger or consolidation of religious affiliate(s).

The written approval of the competent government authority shall lose effect after 01 year during which the religious organization or religious affiliate has not established, split up, spin off, merger or consolidate any religious affiliate.

Article 30. Juridical personality of religious organizations and religious affiliates

1. A religious organization becomes a non-commercial juridical person upon its accreditation by the competent government authority.

2. A religious organization shall apply in writing to the competent government authority defined in Section 3, Article 29 herein for registration of non-commercial juridical personality of a religious affiliate upon satisfying the requirements defined in Section 5 and 6, Article 21 herein.

3. The government shall stipulate detail on the procedure for registration of juridical personality of religious affiliates.

Article 31. Dissolution of religious organizations and religious affiliates

1. A religious organization or religious affiliate shall dissolve:

a) In adherence to its charter;

b) In the event that it has not conducted religious activities for 01 year upon being accredited or permitted by the competent government authority for its establishment, split-up, spin-off, merger or consolidation; or in the event that it has discontinued religious activities continuously for 01 year;

c) In the event that it has not rectified the cause of the full suspension of its religious activities when such suspension expires.

2. The government authority competent to accredit a religious organization shall be entitled to dissolve such organization.

The religious organization or religious affiliate shall be entitled to dissolve its religious affiliates. Competent government authorities defined in Section 3, Article 29 herein shall be entitled to dissolve or to request a religious organization or religious affiliate to dissolve its religious affiliates in the events prescribed in Point b and Point c, Section 1 of this Article.

3. A religious organization or religious affiliate, before dissolving, shall fulfill every of its asset-related obligations. The assets of the religious organization or religious affiliate dissolved shall be handled pursuant to the legislation on civil matters.

A religious organization or religious affiliate shall be responsible for notifying the dissolution of its religious affiliates to the competent government authority defined in Section 3, Article 29 herein in no more than 20 days from the date of dissolution of the religious affiliates.

4. The government shall stipulate detail on the procedure for dissolution of religious organizations and religious affiliates.

Part 2.  ORDINATION, APPOINTMENT, ELECTION, SELECTION, RELOCATION, DISMISSAL AND DEPOSITION OF DIGNITARIES, SUB-DIGNITARIES AND MONASTICS

Article 32. Ordination, appointment, election and selection of dignitaries and sub-dignitaries

1. The processes of ordination, appointment, election and selection in a religious organization or its religious affiliates shall be subject to the charter of the religious organization.

2. The individuals ordained, appointed, elected or selected shall possess full capacity for civil acts, is not bound by any remedial administrative measures concerning folk belief or religion, is not associated with any conviction records or is not accused of any crimes pursuant to the legislation on criminal procedure.

3. The processes of ordination, appointment, election or selection that involve foreigners shall be subject to Article 51 herein.

Article 33. Notification of the dignitaries ordained or selected

1. A religious organization shall be responsible for notifying the central government’s body responsible for state management of folk belief and religion in writing of the individuals ordained or selected as “hoà thượng” (most venerable), “thượng toạ” (venerable), “ni trưởng” (master of nuns) or "ni sư” (abbess) in Vietnam Buddhist Sangha; as “mục sư" (pastor) in Evangelical orders; as "phối sư” (archbishop) or holders of a higher rank in caodaist churches; as "giảng sư" (expounder) in Vietnamese Pure Land Buddhist Association and as holders of equivalent ranks in other religions in no more than 20 days from the date of ordination or selection.

2. The religious organization shall be responsible for delivering a notification of the ordination or selection of the dignitaries not prescribed in Section 1 of this Article in writing to the body specialized in folk belief and religion in the province where such dignitaries reside and conduct religious activities in no more than 20 days from the date of ordination or selection.

3. The notification shall specify the name of the religious organization, the full name, rank, area of operation and summarized history of religious activities of the dignitaries. In addition, such notification shall be attached with their resumes and judicial records.

4. If a dignitary ordained or selected does not meet the requirements in Section 2, Article 32 herein, the competent government authority shall request the religious organization in writing to annul the result of ordination or election.

In 20 days upon receiving the written request, the religious organization shall be responsible for rescinding the result of ordination or selection of the dignitary and for notifying the competent government authorities defined in Section 1 and Section 2 of this Article in writing of such annulment.

Article 34. Registration of sub-dignitaries appointed, elected or selected

1. A religious organization shall be responsible for applying to the central government’s body responsible for state management of folk belief and religion for registration of the appointment, election or selection of the following sub-dignitaries:

a) Members of the management of a religious organization that operates in multiple provinces;

b) Leader of a religious affiliate that operates in multiple provinces;

c) Head of a religious educational institution.

2. Before appointing, electing or selecting sub-dignitaries not prescribed in Section 1 of this Article, a religious organization or religious affiliate shall be responsible for applying thereof in writing to the body specialized in folk belief and religion in the province where the sub-dignitaries reside and conduct religious activities.

3. An organization with certified registration of religious activities shall apply in writing to the competent government authority defined in Section 3, Article 19 herein for registration before appointing, electing or selecting sub-dignitaries.

4. The application includes:

a) The application form, which specifies the full name of the individuals appointed, elected or selected; their ranks and area of operation before and after appointed, elected or selected;

b) The resumes and judicial records of the individuals to be appointed, elected or selected;

c) The written summary of religious activities of the individuals to be appointed, elected or selected;

5. Competent government authorities defined in Section 1, 2 and 3 of this Article shall be responsible for reverting in writing in 20 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

6. Religious organizations, religious affiliates and organizations with certified registration of religious activities shall be responsible for notifying the competent government authorities defined in Section 1 and Section 2 of this Article and Section 3, Article 19 herein in writing of the individuals appointed, elected and selected in no more than 20 days from the date of appointment, election or selection.

7. The notification of the appointment, election or selection of the expected leaders of the organizations prescribed in Article 19, 22, 29 and 38 herein, after the competent government authorities grant approval, shall be subject to Section 6 of this Article.

Article 35. Relocation of dignitaries, sub-dignitaries and monastics

1. A religious organization or religious affiliate shall be responsible for notifying the bodies specialized in folk belief and religion in the provinces of departure and destination in at least 20 days prior to the relocation of a dignitary, sub-dignitary or monastic.

The notification shall specify the name of the notifying organization, the full name, rank and position of the individuals relocated, the reason of relocation, the area of religious operation before and after relocation.

2. The religious organization or religious affiliate shall be responsible for applying in writing to the People’s Committee of the province of destination for registration before relocating a dignitary, sub-dignitary or monastic against whom a charge is being pressed or on whom a criminal record exists.

The application shall specify the name of the applicant organization, the full name, rank and position of the individuals relocated, the reason of relocation, the area of religious operation before and after relocation.

Provincial People’s Committee shall be responsible for reverting in writing in 30 days upon receiving a valid application. If the application is rejected, reason(s) shall be notified.

Article 36. Dismissal and deposition of dignitaries and sub-dignitaries

1. A religious organization or its religious affiliate shall dismiss or depose a dignitary or sub-dignitary in accordance with its charter.

2. In no more than 20 days upon issuing the written decision on dismissal or deposition of a dignitary or sub-dignitary, the religious organization or religious affiliate shall be responsible for sending a written notification to the competent government authorities defined in Section 1 and Section 2, Article 33 and in Section 1 and Section 2, Article 34 herein.

The notification shall specify the full name, rank and position of the individual(s) dismissed or deposed and the reason(s) of dismissal or deposition. In addition, the notification shall be enclosed with the written decision of the religious organization or religious affiliate on the dismissal or deposition.

3. An organization with certified registration of religious activities shall be responsible for sending a written notification, pursuant to Section 2 of this Article, to the competent government authority defined in Section 3, Article 19 herein.

Part 3. RELIGIOUS EDUCATIONAL INSTITUTIONS AND RELIGIOUS TRAINING COURSES

Article 37. Requirements for establishment of a religious educational institution

A religious organization can establish a religious education institution on the following conditions:

1. Have adequate educational infrastructure;

2. Have a legitimate location for the educational institution;

3. Have educational curricula and programs, which include the study of the history and law of Vietnam;

4. Have managerial and instructing personnel who meet educational requirements.

Article 38. Procedure and authority to approve the establishment of a religious educational institution

1. Before establishing a religious educational institution, a religious organization shall be responsible for applying in writing to the local agency responsible for state management of folk belief and religion.

2. The application includes:

a) The application form, which specifies the names of the religious organization and the religious educational organization, the full name of the representative(s) of the religious educational organization, and the necessity of establishment of the educational institution;

b) The list, resumes, judicial records and summaries of religious activities of the representative and expected leaders of the educational institution;

c) The draft of the religious educational institution's regulations of organization and operation, which basically states the name of the educational institution; its location, functions and mission; organizational structure, personnel; levels and form of education; programs, curricula and standards of each educational level; finance and assets;

d) The draft of the educational institution’s enrollment regulations;

dd) The written evidences of the availability of a legitimate location and facilities for educational activities; and the written approval by the provincial People’s Committee of the location of the educational institution.

3. The central government’s body responsible for state management of folk belief and religion shall respond in writing to a full and valid application for the establishment of a religious educational institution in 60 days upon receiving such application. If the application is rejected, reason(s) shall be notified.

4. After obtaining the approval of the competent government authority, the religious organization shall initiate the establishment of the religious educational institution in writing.

The written approval of the competent government authority shall lose effect after 03 years during which the religious organization has not established an educational institution.

5. Religious educational institutions are not a part of the national education system.

Article 39. Operations of a religious educational institution

1. In at least 20 days prior to the commencement of a religious educational institution's operations, the representative(s) of a religious educational institution shall be responsible for notifying the central government’s body responsible for state management of folk belief and religion in writing of the religious educational institution's operations. In addition, the notification shall be enclosed with the written statement of establishment, regulations of organization and operation, regulations of enrollment, list of members of the management, and report on financial resources and facilities for sustaining operations.

2. The religious educational institution shall organize its training and enrollment according to the announced regulations of organization, operation and enrollment.

3. The religious educational institution shall apply to the central government’s body responsible for state management of folk belief and religion for registration when amending its regulations of organization, operation and enrollment. The application shall specify the reason(s) and content of amendment and shall be enclosed with the amended regulations.

The competent government authority shall be responsible for reverting in writing in 45 days upon receiving a valid application. If such application is rejected, reason(s) shall be notified.

The religious educational institution shall operate according to the amended regulations upon the competent government authority's approval.

4. The religious educational institution shall be responsible for notifying the central government’s body responsible for state management of folk belief and religion in writing of the academic result of each training course in no more than 20 days from the final date of the course. The notification shall specify the name of the religious educational institution, the training course and the quantity of graduates.

5. Foreigners’ pursuit of education in a religious educational institution in Vietnam shall be subject to Article 49 herein.

Article 40. Guidance on the teaching of the history and law of Vietnam

The central government’s body responsible for state management of folk belief and religion shall lead and cooperate with the Ministry of Education and Training, Ministry of Justice and relevant agencies in providing guidelines for the curricula and content of instruction of the history of Vietnam and the law of Vietnam.

Article 41. Supplementary courses in religion

1. A religious organization or religious affiliate shall be responsible for applying for registration in writing to the body specialized in folk belief and religion in the province where it offers supplementary courses to religious practitioners. The application shall specify the name of the course(s), reason(s), timetable, content, curriculum, attendants and instructors.

The provincial body specialized in folk belief and religion shall be responsible for reverting in writing in 30 days upon receiving the valid application. If such application is rejected, reason(s) shall be notified.

2. A religious organization or religious affiliate shall be responsible for notifying the People’s Committee of the district where it offers a supplementary course in religion beyond the scope of Section 1 of this Article in at least 20 days prior to the starting date of the course. The notification shall specify the name of the course(s), reason(s), timetable, content, curriculum, attendants and instructors.

If the provision of a supplementary course in religion involves a prohibition defined in Article 5 herein, the district-level People's Committee shall request the religious organization or religious affiliate in writing not to provide or to cancel the supplementary course.

Article 42. Dissolution of a religious educational institution

1. A religious educational institution shall dissolve:

a) At the discretion of the religious organization;

b) Upon the expiration of the 3-year period, during which the religious educational institution has not organized any educational activities, from the date of the competent government authority's approval of its establishment;

c) In the event that it has not rectified the cause of the suspension of its religious activities when such suspension expires.

2. A religious organization has the right to dissolve its religious educational institutions. The central government’s body responsible for state management of folk belief and religion has the right to dissolve or request a religious organization to dissolve the latter’s religious educational institutions in the events defined in Point b and Point c, Section 1 of this Article.

The religious organization shall be responsible for notifying the central government’s body responsible for state management of folk belief and religion of the dissolution of a religious educational institution in no more than 20 days from the date of dissolution.

3. The government shall elaborate the procedure for dissolution of religious educational institutions.

Chapter VI

RELIGIOUS ACTIVITIES; PUBLICATION, EDUCATION, HEALTH CARE, SOCIAL PROTECTION, CHARITABLE AND HUMANITARIAN ACTIVITIES OF RELIGIOUS ORGANIZATIONS

Part 1. RELIGIOUS ACTIVITIES

Article 43. Notification of the list of religious activities

1. A religious organization, religious affiliate or organization with certified registration of religious activities shall be responsible for notifying the following bodies in writing of the list of annual religious activities in no more than 30 days from the date of accreditation, approval or certification of registration of religious activities:

a) An organization whose religious activities occur solely in one commune shall notify the People's Committee of the commune;

b) An organization whose religious activities occur in multiple communes of a district shall notify the People's Committee of the district;

c) An organization whose religious activities occur in multiple districts of a province shall notify the provincial body specialized in folk belief and religion;

d) An organization whose religious activities occur in multiple provinces shall notify the central government’s body responsible for state management of folk belief and religion.

2. The notification shall specify the name of the organization, the name, time and location of the religious activities.

3. The notification of the list of annual religious activities shall be sent only once. The representative(s) of the organization shall be responsible for sending an additional notification of a religious activity not defined in the announced list, pursuant to Section 1 and Section 2 of this Article, in at least 20 days prior to the occurrence of the activity.

Article 44. Conferences of religious organizations and religious affiliates

1. A religious organization or religious affiliate shall be responsible for notifying its organization of an annual conference in writing to the competent government authority defined in Section 3, Article 45 herein in at least 20 days prior to the date of conference.

The notification shall specify the name of the organization, expected participants, quantity of attendants; content, agenda, time and venue of the conference.

2. A religious organization or religious affiliate shall be responsible for filing a written request to the central government's body responsible for state management of folk belief and religion when holding an inter-religious conference or a conference that involves foreign elements. The request shall specify the name of the organization; reason(s), expected participants, quantity of attendants; content, agenda, time and location of the conference.

The central government’s body responsible for state management of folk belief and religion shall revert in writing in 45 days upon receiving a valid application. If the application is rejected, reason(s) shall be notified.

Article 45. General meetings of religious organizations, religious affiliates and organizations with certified registration of religious activities

1. A religious organization, religious affiliate or organization with certified registration of religious activities shall be responsible for applying in writing to the competent government authority defined in Section 3 of this Article before holding a general meeting.

2. The application includes:

a) The application form, which specifies the name of the organization; reason(s), expected participants, quantity of attendants; content, agenda, time and location of the conference;

b) The organization’s activity conclusion report;

c) The draft of the charter or the amended charter (if available).

3. The authority to approve the organization of general meetings:

a) People’s Committee of a district shall be responsible for responding in writing to the organization of a general meeting of a religious affiliate that operates solely in the district in 25 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

b) The body specialized in folk belief and religion in a province shall be responsible for responding in writing to the organization of a general meeting of a religious organization, religious affiliate or organization with certified registration of religious activities which operates in multiple districts of the province in 30 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

c) The central government’s body responsible for state management of folk belief and religion shall be responsible for responding in writing to the organization of general meetings beyond the scope of Point a and Point b, Section 3 of this Article in 45 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

Article 46. Ceremonies and sermons outside religious establishments and legitimate locations

1. A religious organization, religious affiliate or organization with certified registration of religious activities shall be responsible for applying in writing to the competent government authority defined in Section 3 of this Article before organizing a ceremony outside a registered religious establishment or legitimate location.

The application shall specify the name of the applicant organization, the name of the ceremony, the presiding person(s), the ceremony’s content, agenda, time, location, scope and participants.

2. A dignitary, sub-dignitary or monastic shall be responsible for applying in writing to the competent government authority defined in Section 3 of this Article before delivering a sermon outside his area of operation or a registered religious establishment or legitimate location.

The application shall specify the applicant’s full name, content, agenda, time, location, scope and participants.

3. The authority to approve the organization of a ceremony or sermon outside a religious establishment or legitimate location:

a) People’s Committee of a district shall be responsible for responding in writing to the organization of a ceremony or sermon solely in the district in 25 days upon receiving a valid application. If the application is rejected, reason(s) shall be notified.

b) The body specialized in folk belief and religion in (a) province(s) where the ceremony or sermon expectedly occurs shall be responsible for responding in writing to the organization of such ceremony or sermon in multiple districts of the province or in multiple provinces in 30 days upon receiving the valid application. If the application is rejected, reason(s) shall be notified.

4. The governmental body that has authority over the area where the ceremony or sermon proceeds shall be responsible for supporting the maintenance of order and security of such ceremony or sermon.

Part 2. RELIGIOUS ACTIVITIES THAT INVOLVE FOREIGN ELEMENTS

Article 47. Congregational religious practice of foreigners residing lawfully in Vietnam

1. Foreigners residing lawfully in Vietnam shall apply in writing to the People’s Committee of the province where they desire to practice religion in congregation in a religious establishment or at a legitimate location.

2. The application includes:

a) The application form, which specifies the full name, nationality and religion of the representative; reason(s), time, agenda, quantity of participant, religious establishment or location at which the event expectedly occurs;

b) The certified copies of the written evidences of the representative's lawful residency in Vietnam;

c) The written approval of the representative(s) of the religious establishment or the written evidences of the availability of a legitimate location for congregational religious practice.

3. Province People’s Committee shall be responsible for reverting in writing in 30 days upon receiving a valid application. If the application is rejected, reason(s) shall be notified.

Article 48. Religious activities and international religious relations activities of foreign individuals and organizations in Vietnam

1. A religious organization or religious affiliate shall be responsible for applying in writing to the competent government authority defined in Section 3 of this Article for inviting a foreign organization or individual to Vietnam to carry out religious activities or international religious relations activities.

2. The application includes:

a) The application form, which specifies the name of the inviting organization; the name of the organization or individual invited; purpose(s) and content of the activities; the list of invitees; the expected agenda, time and location;

b) The brief introduction of main activities of the foreign organization or individual;

c) The written evidences of the religious title of the person(s) invited.

3. The authority to approve religious activities or international religious relations activities of foreign organizations and individuals in Vietnam:

a) People’s Committee of a province shall be responsible for responding in writing to a full and valid application for inviting a foreign organization or individual to Vietnam to conduct religious activities solely in the province in 30 days upon receiving such application. If the application is rejected, reason(s) shall be specified;

b) The central government’s body responsible for state management of folk belief and religion shall be responsible for responding in writing to a full and valid application for inviting a foreign organization or individual to Vietnam to conduct religious activities in multiple provinces or to conduct international religious relations activities in 45 days upon receiving such application. If the application is rejected, reason(s) shall be notified.

4. An organization with certified registration of religious activities shall be responsible for applying in writing to the competent government authorities defined in Section 2 and Section 3 of this Article for inviting a foreign dignitary or monastic to deliver sermon.

5. A group of foreigners practicing religion in congregation shall be responsible for applying in writing, pursuant to Section 2 of this Article, to the central government's body responsible for state management of folk belief and religion for inviting a foreign dignitary or monastic to deliver sermon.

The central government’s body responsible for state management of folk belief and religion shall revert in writing in 45 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

6. During their delivery of sermon, the foreign dignitaries and monastics shall abide by the regulations of the religious organization, religious affiliate or organization with certified registration of religious activities in Vietnam and shall adhere to the law of Vietnam.

Article 49. Foreign learners in religious educational institutions in Vietnam

1. A foreigner pursuing education in a religious educational institution in Vietnam has to reside lawfully in Vietnam, adheres to the law of Vietnam and enrolls voluntarily. In addition, the religious educational institution has to apply in writing to the central government's body responsible for state management of folk belief and religion for such foreign learner.

2. The application includes:

a) The application form, which specifies the name of the religious educational institution; the full name and nationality of the learner, the course and timetable;

b) The notarized Vietnamese translation of the learner’s passport.

c) The central government’s body responsible for state management of folk belief and religion shall revert in writing in 45 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

Article 50. Participation in overseas religious activities and religious education

1. A religious organization or religious affiliate shall be responsible for applying in writing to the central government’s body responsible for state management of folk belief and religion for assigning a dignitary, sub-dignitary, monastic or follower to participating in a religious activity or to pursue religious education abroad.

2. The application includes:

a) The application form, which specifies the name of the organization, purpose(s), agenda, time, location of the overseas religious activity or religious education;

b) The letter of invitation or the written approval by the overseas religious organization of the participation in its religious activity or education.

3. The central government’s body responsible for state management of folk belief and religion shall revert in writing in 45 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

Article 51. Ordination, appointment, election and selection that involve foreign elements

1. A process of ordination, appointment, election or selection involves foreign elements in the following circumstances:

a) A Vietnamese religious organization ordains or selects a foreigner residing lawfully in Vietnam for a hierarchical rank;

b) A foreign religious organization ordains, appoints, elects or selects a Vietnamese citizen in Vietnam.

2. The individuals for whom ordination, appointment, election or selection is proposed shall be subject to the requirements in Section 2, Article 32 herein. A foreigner residing lawfully in Vietnam, for whom ordination or selection for hierarchical rank is proposed, shall also be subject to the following requirements:

a) Be permitted to teach religion in religious educational institutions in Vietnam;

b) Adhere to the law of Vietnam.

3. The process of ordination, appointment, election or selection, which involves foreign elements pursuant to Section 1 of this Article, shall attain the approval of the central government's body responsible for state management of folk belief and religion before it occurs.

4. The religious organization or religious affiliate that directly manages a Vietnamese citizen ordained, appointed, elected or selected abroad by a foreign religious organization shall be responsible for applying to the central government's body responsible for state management of folk belief and religion for such person’s return to Vietnam to assume the role of a dignitary or sub-dignitary.

5. The government shall elaborate the procedure for approval and registration of ordination, appointment, election and selection that involve foreign elements pursuant to this Article.

Article 52. International relations activities of religious organizations, religious affiliates, dignitaries, sub-dignitaries, monastics and followers

1. A religious organization, its religious affiliates, dignitaries, sub-dignitaries, monastics and followers shall carry out international relations activities in abidance by the charter of the religious organization in accordance with the law of Vietnam.

2. When conducting international relations activities, a religious organization, its religious affiliates, dignitaries, sub-dignitaries, monastics and followers shall adhere to the law of Vietnam and the law of the related country.

Article 53. Accession to foreign religious organizations

1. Before joining a foreign religious organization, a religious organization shall be responsible for applying in writing to the central government’s body responsible for state management of folk belief and religion.

2. The application includes:

a) The application form, which specifies the name of the religious organization, purpose(s) and time of accession; the name, charter, principles, objectives and headquarter of the foreign religious organization;

b) The written approval or letter of invitation of the foreign religious organization.

3. The central government’s body responsible for state management of folk belief and religion shall revert in writing in 60 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

4. When terminating its membership in a foreign religious organization, a religious organization shall be responsible for notifying the central government’s body responsible for state management of folk belief and religion in no more than 20 days from the date of termination.

The notification shall specify the name of the religious organization, the name of the foreign religious organization that the former joined, reason(s) and time of withdrawal.

Part 3. PUBLICATION, EDUCATION, HEALTH CARE, SOCIAL PROTECTION, CHARITABLE AND HUMANITARIAN ACTIVITIES

Article 54. Publishing, production, exportation and importation of cultural products

It is permitted to publish scriptures and other publications on folk belief and religion; to produce, export and import cultural products concerning folk belief and religion and religious articles pursuant to the legislation on publication and other legal regulations.

Article 55. Education, health care, social protection, charitable and humanitarian activities

It is permitted to participate in the activities of education, health care, social protection, charity and humanitarian pursuant to relevant laws.

Chapter VII

ASSETS OF FOLK RELIGIOUS ESTABLISHMENTS AND RELIGIOUS ORGANIZATIONS

Article 56. Management and use of the assets of folk religious establishments and religious organizations

1. The assets of a folk religious organization or religious organization shall originate from members' contribution, donations from organizations and individuals, and other sources as per legal regulations.

2. The assets of a folk religious establishment or religious organization shall be managed and used for correct and appropriate purposes as per legal regulations.

3. A folk religious establishment or religious establishment that derives from custom, contribution or donation of members of a community or other lawful sources to serve communal needs for folk belief and religion is considered a collective asset of the community.

4. The conversion, transfer, donation, lease, mortgage or contribution of land use rights as capital shall be subject to relevant legal regulations.

5. The government shall stipulate detail on the religious organizations' and religious affiliates' receipt and management of financial aids from foreign organizations and individuals; and on the donation to folk religious establishments, religious organizations and religious affiliates.

Article 57. Lands of folk religious and religious establishments

The management and use of the lands that belong to folk religious establishments and religious establishments shall be subject to the legislation on land.

Article 58. Overhaul, upgrade and construction of folk religious and religious buildings

1. The overhaul, upgrade and construction of folk religious and religious buildings shall be subject to the legislation on construction.

2. The overhaul, upgrade and construction of auxiliary facilities of a folk religious or religious establishment shall be subject to the legislation on construction applicable to the buildings and individual houses in urban areas, communal centers, conservation zones, sites of historic - cultural - revolutionary vestiges.

3. The repair and restoration of a folk religious or religious establishment that is a historic - cultural vestige or scenic sight ranked by competent government authorities, and the overhaul, upgrade and construction of the facilities auxiliary to such establishment shall be subject to the legislation on cultural heritage and on construction.

Article 59. Relocation of folk religious and religious buildings

The relocation of folk religious and religious buildings for national security, national defense, social - economic development, national benefit and public benefit shall be subject to the legislation on land and on construction.

Chapter VIII

STATE MANAGEMENT AND SETTLEMENT OF VIOLATIONS OF THE LEGISLATION ON FOLK BELIEF AND RELIGION

Part 1. STATE MANAGEMENT OF FOLK BELIEF AND RELIGION

Article 60. Content of state management of folk belief and religion

1. Set up policies and promulgate legislative documents on folk belief and religion.

2. Regulate the system for state management of folk belief and religion.

3. Organize the implementation of policies and legal regulations on folk belief and religion.

4. Propagate and educate in the legislation on folk belief and religion.

5. Conduct research in folk belief and religion; providing training to state officials and state employees who work in the sector of folk belief and religion.

6. Inspect and settle complaints, denunciations and violations of the legislation on folk belief and religion.

7. Uphold international relations in the sector of folk belief and religion.

Article 61. Responsibility for state manage of folk belief and religion

1. The government unifies the state management of folk belief and religion on nation-wide scale.

2. The central government’s body responsible for state management of folk belief and religion shall be held liable to the government for exercising the state management of folk belief and religion.

3. Ministries, ministerial-level agencies, People’s Committees shall exercise the state management of folk belief and religion under the scope of their missions and authority.

People’s Committees of the districts where communal and town-level administration divisions are not available shall concurrently exercise the missions and authority of a commune People’s Committee as prescribed herein.

Article 62. Inspection specialized in folk belief and religion

1. The inspection specialized in folk belief and religion is competent government authorities’ inspection of the adherence of agencies, organizations and individuals to the legislation on folk belief and religion.

The central government’s body responsible for state management of folk belief and religion shall be liable for directing and organizing the inspection specialized in folk belief and religion on nationwide scale.

2. The missions of inspection specialized in folk belief and religion are:

a) Inspect the People’s Committees' implementation of policies and laws on folk belief and religion;

b) Inspect the cases suspected of violating the legislation on folk belief and religion.

Article 63. Complaint, denunciation and litigation regarding folk belief and religion

1. The representative(s) or the management of a religious establishment, religious organization or religious affiliate, the dignitaries, sub-dignitaries, monastics, followers, organizations and individuals who have relevant rights and obligations shall have the right to file a complaint, an administrative lawsuit or civil lawsuit and to petition a Court for settling a civil matter in order to defend their legitimate rights and benefits as per relevant laws.

2. Individuals shall have the right to denounce violations of the legislation on folk belief and religion. The settlement of a denunciation against violation(s) of the legislation on folk belief and religion shall be subject to the legislation on denunciation.

Part 2. SETTLEMENT OF VIOLATIONS OF THE LEGISLATION ON FOLK BELIEF AND RELIGION

Article 64. Settlement of violations of the legislation on folk belief and religion

1. An organization or individual that commits an act of violation of the legislation on folk belief and religion or abuses folk belief or religion to violate the law shall incur administrative penalties or face criminal prosecution, on the basis of the nature and degree of such violation. Moreover, such organization or individual shall be liable for compensating for the damage caused as per legal regulations.

2. Pursuant to this Law and the Law of actions against administrative violations, the government shall define the acts of administrative violation, forms and levels of penalty, remedial solutions against each act of administrative violation; authority to impose penalty, specific levels of penalty, authority to make written records of the acts of administrative violation; application of administrative measures in the sector of folk belief and religion.

Article 65. Handling of state officials and stat employees violating the legislation on folk belief and religion

A state official or state employee who commits a following act of violation of the legislation on folk belief and religion during his official assignment shall incur disciplinary actions or face criminal prosecution, on the basis of the nature and degree of such violation, as per the law:

1. Abuse the position and authority to act against this Law and relevant laws;

2. Neglect management and lead to a violation of the legislation on folk belief and religion;

3. Violate the regulations on the administrative procedure for state management of folk belief activities and religious activities.

Chapter IX

IMPLEMENTATION

Article 66. Effect

1. This Law shall come into force as of January 01, 2018.

2. Ordinance No. 21/2004/UBTVQH11 on folk belief and religion shall lose effect from the date this Law comes into force.

Article 67. Transition

1. The groups of individuals who have obtained approval of their registration of congregational religious practice, and the organizations that have acquired certification of their registration of religious activities or that have gained accreditation before the effective date of this Law shall not be subject to re-registration or re-accreditation to adhere to Article 17, 19 and 22 herein.

2. Religious affiliates that have been established, split up, spun off, merged or have consolidating; religious associations, orders and congregational monastic organizations that have registered their activities before the effective date of this Law shall not be subject to re-application or re-registration to adhere to Article 29 and Article 38 herein.

3. The required duration of operation for the organizations that have obtained certification of their registration of religious activities before the effective date of this Law to be accredited as a religious organization pursuant to Section 1, Article 21 herein shall be recorded from the date of certification of their registration of religious activities.

4. The religious organizations accredited before the effective date of this Law shall be non-commercial juridical persons from the date this Law takes effect. Such religious organizations shall be held responsible for amending their charters in the nearest general meeting pursuant to Article 23 and register their amended charters pursuant to Article 24 herein.

5. In no more than 30 days from the effective date of this Law, the religious organizations, religious affiliates and organizations that have obtained certification of registration of religious activities prior to the effective date of this Law shall be responsible for notifying the competent government authorities defined in Section 1 and Section 2, Article 43 herein of the list of annual religious activities.

6. In no more than 30 days from the effective date of this Law, the folk religious establishments that have notified their annual folk belief activities before the effective date of this Law shall be held responsible for registering their folk belief activities pursuant to Section 2, Article 12 herein.

Article 68. Detailing

The government shall stipulate detail on the articles and sections in the Law.

This Law was passed by the 14th National Assembly of the Socialist Republic of Vietnam in the 2nd meeting session on November 18, 2016.

 

 

CHAIRWOMAN OF THE NATIONAL ASSEMBLY




Nguyen Thi Kim Ngan

 


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Số hiệu02/2016/QH14
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Người ký
Ngày ban hành18/11/2016
Ngày hiệu lực01/01/2018
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            Law on religion and folk belief
            Loại văn bảnLuật
            Số hiệu02/2016/QH14
            Cơ quan ban hànhQuốc hội
            Người kýNguyễn Thị Kim Ngân
            Ngày ban hành18/11/2016
            Ngày hiệu lực01/01/2018
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            Số công báo
            Lĩnh vựcVăn hóa - Xã hội
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                Văn bản được hợp nhất

                  Văn bản hợp nhất

                    Văn bản gốc Law on religion and folk belief

                    Lịch sử hiệu lực Law on religion and folk belief

                    • 18/11/2016

                      Văn bản được ban hành

                      Trạng thái: Chưa có hiệu lực

                    • 01/01/2018

                      Văn bản có hiệu lực

                      Trạng thái: Có hiệu lực