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THE GOVERNMENT COMMITTEE FOR

RELIGIOUS AFFAIRS

Vietnamese legal documents

on belief and religion

religion publishing house Ha Noi - 2013

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Chief Organizer for Implementation

Nguyen Thanh Xuan

Nguyen Duc Vinh

English Texts by Pham Van Chuong

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P R E F A C E

Vietnam is a nation with diverse forms of belief and religion, and a large number of belief and religious followers. Reflecting the policy of respect for and guarantee of the citizens’ right to freedom of belief and religion, to follow or not to follow a religion, and creating conditions for religious communities in Vietnam to be an integral part of the nation and abode by the law, on June 18th, 2004, the Standing Committee of the National Assembly (XIth Legislature) promulgated the Ordinance on Belief and Religion, and on March 1st, 2005, the Government issued Decree No. 22/2005/ND-CP guiding implementation of a number of articles of the Ordinance on Belief and Religion.

In the process of its implementation, Decree No. 22/2005/ND-CP has shown inadequacies and limitations. On November 8th, 2012, the Government issued Decree No. 92/2012/ND-CP detailing and providing measures for the implementation of the Ordinance on Belief and Religion, in order to overcome the complications and inadequacies in Decree No. 22/2005/ND-CP, ensure effective implementation of the Government Resolution on simplification of administrative procedures, and facilitate belief and religious activities in the framework of the law. This Decree replaces Decree No. 22/2005/ ND-CP and took

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effect on January 1st, 2013. It is composed of 5 chapters, 14 sections and 46 articles, with amendments and additions, including 12 articles with new stipulations compared with Decree No. 22/2005/ NĐ-CP.

With a view to helping overseas readers, foreigners living and working in Vietnam, and Vietnamese residing abroad study or get acquainted with Vietnamese legislation on belief and religion, notably the newly issued Government Decree No. 92/2012/ND-CP detailing and providing measures for the implementation of the Ordinance on Belief and Religion, the Government Committee for Religious Affairs has compiled the book “Vietnamese Legal Documents on Belief and Religion” in English.

The Government Committee for Religious Affairs would like to recommend it to all readers.

March, 2013

THE GOVERNMENT COMMITTEE FOR RELIGIOUS AFFAIRS

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STATE PRESIDENT ---------------

No. 18/2004/L/CTN

THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness

Hanoi, June 29th, 2004

ORDER OF THE STATE PRESIDENT On Issuance of the Ordinance

of the Standing Committee of the National Assembly

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Article 103 and Article 106 of the 1992 Constitution of the Socialist Republic of Vietnam as amended and supplemented according to Resolution No. 51/2001/QH10 dated December 25th, 2001 of the National Assembly, 10th Legislature, at its 10th session;

Pursuant to Article 19 of the Law on Organization of the National Assembly; and

In accordance with Article 51 of the Law on Promulgation of Legal Normative Documents,

HEREBY ISSUES The Ordinance on Belief and Religion, which was

passed by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam on June 18th, 2004.

The President of the Socialist Republic of Vietnam

(signed) Tran Duc Luong

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THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY

-------------

No. 21/2004/PL-UBTVQH11

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

ORDINANCE ON BELIEF AND RELIGION

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended and supplemented according to Resolution No. 51/2001/QH10 dated December 25th, 2001 of the National Assembly, 10th Legislature, at its 10th session;

Pursuant to Resolution No. 21/2003/QH11 dated November 26th, 2003 of the National Assembly, 11th Legislature, at its 4th session on Legislation Program for 2004;

This Ordinance is to regulate activities related to belief and religion.

Chapter I GENERAL PROVISIONS

Article 1 Citizens have the right to freedom of belief and religion,

to follow or not to follow a religion. The State guarantees the right to freedom of belief

and religion of its citizens. Nobody is allowed to infringe upon that right.

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All religions are equal before the law. Citizens who follow a belief or religion, or who do not

follow any belief or religion, as well as citizens who follow different beliefs or religions, shall have to respect each other.

Article 2 Dignitaries, clergypersons, and citizens who follow a

belief or religion shall be entitled to all civic rights and shall be liable to perform civic obligations.

Dignitaries and clergypersons shall have the responsibility to educate regularly believers about patriotism, exercise of civic rights and obligations, and the sense of law observance.

Article 3 For the purposes of this Ordinance: 1. “Belief activity” means an activity expressing respect

for, and worship of, ancestors; remembrance and glorification of persons having rendered meritorious services to the country and/or communities; worship of gods, saints and traditional symbols, and other activities related to folk belief, symbolizing fine historical and cultural values and social ethics.

2. “Belief establishment” means a place where belief activities of communities are carried out, including communal houses, temples, shrines, hermitages, ancestral halls, lineal worship houses and similar establishments.

3. “Religious organization” means a grouping of people who believe in one and the same system of religious

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dogmas, canon laws and religious rites, which is organized according to a given structure recognized by the State.

4. “Grassroots religious organization” means a grassroots unit of a religious organization, including assistance or management boards of pagodas in Buddhism, parishes of Catholicism, local branches of Protestantism or of Cao Dai, management boards of Hoa Hao Buddhism in communes, wards or towns, and grassroots units of other religious organizations.

5. “Religious activity” means the dissemination and practice of religious dogmas, canon laws, religious rites and organizational administration of religions.

6. “Religious association” means a form of grouping believers set up by a religious organization with the purpose of serving religious activities.

7. “Religious establishment” means a place of worship, for leading a religious life, training religious workers, offices of religious organizations and other establishments belonging to religions recognized by the State.

8. “Believer” means a person who believes in a religion and is recognized by the religious organization.

9. “Clergyperson” means a believer who voluntarily and regularly leads a private life according to dogmas and/or canon laws of the religion he/she follows.

10. “Dignitary” means a believer who holds a position or title in the religion.

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Article 4 Pagodas, churches, mosques, monasteries, communal

houses, temples, shrines, offices of religious organizations, training institutions of religious organizations, other lawful establishments related to belief and religion, religious scriptures and worship articles shall be protected by the law.

Article 5 The State shall guarantee the right to belief and

religious activities in compliance with stipulations by the law; respect the cultural and moral values of religions; preserve and promote positive values in the tradition of worship of ancestors, remembrance and glorification of persons who have rendered meritorious services to the country and/or communities, with a view to helping consolidate the all-nation unity and meeting the spiritual needs of the people.

Article 6 Relations between the Socialist Republic of Vietnam

and other States and/or international organizations in religion-related matters shall be based on the principle of respect for each other's independence and sovereignty, non-interference in each other’s internal affairs, equality, mutual benefit, and in conformity with each other’s law and international law and practice.

Article 7 1. The Vietnam Fatherland Front and its member-

organizations, within the scope of their duties and powers, shall have the responsibility to:

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a) Rally followers and non-followers of beliefs and religions in building the great all-nation unity, for national construction and defense.

b) Inform in time the competent State authorities about the people's opinions, aspirations and proposals on matters related to belief and religion;

c) Participate in persuading and motivating dignitaries, clergypersons, believers, followers, religious organizations and the people to implement legislation on belief and religion;

d) Take part in working out and monitoring the implementation of policies and laws on belief and religion.

2. The State agencies shall, within the scope of their duties and powers, be proactive in coordinating with the Vietnam Fatherland Front Committees and its member-organizations in the persuasion, motivation and implementation of the policies and laws on belief and religion.

Article 8 1. No discrimination by reasons of belief or religion,

nor infringement upon the right to freedom of belief and religion of citizens, shall be permitted.

2. No one shall be permitted to abuse the right to freedom of belief and religion to undermine the peace, independence and unity of the country, to instigate violence or to carry out war propaganda, or propaganda against State laws or policies; or to sow division among the

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people and religions; to disturb public order, to encroach upon the life, health, human dignity, honor or property of others, or to obstruct the exercise by the people of their civic rights or obligations; to carry out superstitious activities; or to commit other breaches of the law.

Chapter II BELIEF ACTIVITIES OF FOLLOWERS AND RELIGIOUS ACTIVITIES OF BELIEVERS,

CLERGYPERSONS AND DIGNITARIES

Article 9 1. A follower or believer shall be free to express his/her

faith, to practice worship or pray, to participate in religious activities, religious ceremonies and rites, and to study dogmas of the religion that he/she follows.

2. In carrying out belief or religious activities, a follower or believer shall have the responsibility to respect the right to freedom of belief and religion as well as the right to freedom of non-belief and non-religion of others; to exercise his/her right to freedom of belief and religion in a manner that will not obstruct the performance of civic rights and obligations; and to carry out belief and religious activities in accordance with stipulations by the law.

Article 10 A person who participates in the practice of belief and

religion shall have to respect the regulations of the belief or 14

religious establishment and of ceremonies, village rules and community's conventions.

Article 11 1. Dignitaries and clergypersons shall be entitled to

perform religious rites within the area of their charge, to preach and disseminate religion at religious establishments.

2. The performance of religious rites, preaching and missionary work in cases other than those stipulated in Paragraph 1 of this Article shall be subject to approval by the people’s committee of the rural district, urban district, provincial capital, or city under provincial authority (hereinafter referred to as 'district-level people’s committee') where such religious rites, preaching or missionary work take place.

Article 12 1. The person in charge of a grassroots religious

organization shall have the responsibility to register an annual program of religious activities to be carried out in the locality with the people’s committee of the commune, ward or town (hereinafter referred to as 'commune-level people’s committee'); the organization of religious activities that are not listed in the registered program shall be subject to approval by the competent State authority.

2. The competence to approve the organization of a belief ceremony shall be stipulated by the Government.

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Article 13 1. A person who is serving a sentence of

imprisonment or under probation according to stipulations by the law shall not be entitled to preside over a religious rite, to disseminate or preach religions, or to handle the organizational management of a religion, or to preside over a belief ceremony.

2. A person who has served the sentence or administrative sanction stipulated in Paragraph 1 of this Article shall be entitled to preside over a religious rite, disseminate or preach religions, or handle the organizational management of a religion only after his/her religious activities have been registered by the religious organization and approved by the competent State authority.

Article 14 Belief and religious activities shall be conducted safely

and economically and in keeping with the traditions and cultural identity of the nation, and shall have to ensure environmental preservation and protection.

Article 15 A belief and religious activity shall be suspended if it

falls under any of the following circumstances: 1. Such an activity encroaches upon national security,

or seriously affects public order or the environment; 2. Such an activity adversely affects the unity of the

people or the fine cultural traditions of the nation;

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3. Such an activity encroaches upon the life, health, human dignity, honor, or property of others; or

4. Other serious violations of laws.

Chapter III RELIGIOUS ORGANIZATIONS

AND THEIR ACTIVITIES

Article 16 1. An organization shall be recognized as a religious

organization if it meets all the following conditions: a) Being an organization of people sharing the same

religious belief, of which the religious dogmas, canon laws and rites are not contrary to the fine customs and habits and the interests of the nation;

b) Having a charter and/or statutes depicting the goal, objectives and action orientation that are in close association with the nation and not contrary to stipulations by the law;

c) Having its religious activities registered and conducted on a stable basis;

d) Having a lawful office, organization and representative; e) Having a name not duplicating that of any other

religious organization that has been recognized by the competent State authority.

2. The competence to recognize a religious organization:

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a) The Prime Minister shall recognize a religious organization operating in more than one province or city under central authority;

b) The Chairman of the people’s committee of a province or a city under central authority shall recognize a religious organization operating mainly in the province or city.

3. The registration of religious activities is stipulated in Section c, Clause 1 of this Article; the religious activities of a registered organization and the proceedings and procedures for recognition of a religious organization shall be stipulated by the Government.

Article 17 1. A religious organization shall be entitled to establish,

divide, separate, consolidate, or merge its dependent units in accordance with its charter and/or statutes.

2. The establishment, division, separation, consolidation or merger of grassroots religious organizations shall be subject to approval by the people’s committee of a province or city under central authority (hereinafter referred to as 'provincial-level people’s committee').

3. The establishment, division, separation, consolidation or merger of religious organizations which is not stipulated in Paragraph 2 of this Article shall be subject to approval by the Prime Minister.

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Article 18 1. A conference or congress of a grassroots religious

organization shall be held after approval by the district-level people’s committee where it is to be held.

2. A central-level or plenary conference or congress of a religious organization shall be held after the holding of such a conference or congress has been approved by the central State governance agency for religious affairs.

3. A conference or congress of a religious organization, in cases not stipulated in Paragraph 1 and Paragraph 2 of this Article, shall be held after the holding of such a conference or congress has been approved by the provincial-level people’s committee where the conference or congress is to be held.

Article 19 1. A religious association shall be entitled to operate

after it has been registered by the religious organization with the competent State authority.

2. The registration of a religious association shall be carried out according to the following stipulations:

a) A religious association whose operations are to cover a rural district, urban district, provincial capital or city under provincial authority shall be registered with the district-level people’s committee where it is to operate.

b) A religious association whose operations are to cover more than one rural district, urban district, provincial capital

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or city within a province or a city under central authority shall be registered with the provincial-level people’s committee where it is to operate.

c) A religious association whose operations are to cover more than one province or city under central authority shall be registered with the central State governance agency for religious affairs.

Article 20 Religious orders, monasteries and other collective

practicing institutions shall be entitled to operate after they have been registered with the competent State authority.

The provisions in Paragraph 2, Article 19 of this Ordinance concerning religious associations shall apply mutatis mutandis to the registration of religious orders, monasteries and other collective practicing institutions.

Article 21 1. A person shall lead a religious life in a religious

establishment voluntarily, without any coercion or obstruction. A juvenile who wishes to lead a religious life shall require agreement by his/her parents or guardian.

2. The person in charge of a religious establishment, upon admission of a person who wishes to lead a religious life shall have to register with the commune-level people’s committee where the establishment is located.

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Article 22 1. Ordainment, conferment, appointment, election and

designation in a religion shall be conducted according to the charter and/or statutes of the religious organization and shall have to meet the conditions stipulated in Paragraph 2 of this Article; in foreign-related cases, agreement with the central State governance agency for religious affairs shall also be required in advance.

2. A person who is ordained, conferred, appointed, elected or designated shall have to meet the following conditions in order to be recognized by the State:

a) Being a Vietnamese citizen and qualified in terms of behavior and morality;

b) Having a sense of national unity and reconciliation; and

c) Strictly observing the law. 3. The discharge or dismissal of a religious dignitary

shall be conducted according to the charter and/or statutes of the religious organization.

4. A religious organization shall have the responsibility to register with the competent State authority persons who have been ordained, conferred, appointed, elected or designated; and to inform it of the discharge or dismissal of religious dignitaries.

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Article 23 In case of transfer of a dignitary or clergyperson from

one religious practicing place to another, the religious organization shall have the responsibility to inform the district-level people’s committee of the place of departure and register with the district-level people’s committee of the place of arrival.

Any transfer of a dignitary, or clergyperson, who has violated legislation on religion and has been given an administrative sanction by the chairman of a provincial-level people’s committee, or a criminal punishment, shall be subject to approval by the provincial-level people’s committee of the place of arrival according to Government stipulations.

Article 24 1. A religious organization shall be entitled to establish

training schools, or refresher courses, for religious workers. 2. The establishment of training schools for religious

workers shall be subject to approval by the Prime Minister. The enrollment of trainees by a religious training school

shall be conducted on the principle of disclosure, voluntariness of the enrollees, and in accordance with the school’s approved rules of operation.

Vietnamese history and Vietnamese law shall be compulsory subjects in the curriculum of training schools for religious workers.

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3. The setting up of refresher courses for religious workers shall be subject to approval by the chairman of the provincial-level people’s committee where such a course is to be held.

4. The proceedings and procedures for establishing or dissolving a religious workers' training school or refresher course shall be stipulated by the Government.

Article 25 A ceremony of a religious organization, when held

outside the religious establishment, shall be conducted in compliance with the following stipulations:

1. A ceremony with the participation of believers within a rural district, urban district, provincial capital or city under provincial authority shall be subject to approval by the district-level people’s committee where the ceremony is to take place;

2. A ceremony with the participation of believers from more than one rural district, urban district, provincial capital or city under provincial authority within one province or a city under central authority, or from more than one province or city under central authority, shall be subject to approval by the provincial-level people’s committee where the ceremony is to take place.

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Chapter IV PROPERTY BELONGING TO BELIEF AND RELIGIOUS

ESTABLISHMENTS, AND SOCIAL ACTIVITIES OF RELIGIOUS ORGANIZATIONS, BELIEVERS,

CLERGYPERSONS AND DIGNITARIES

Article 26 The lawful property of a belief or religious

establishment shall be protected by the law; any encroachment upon it shall be strictly forbidden.

Article 27 1. Land having facilities used by religious

organizations, including land belonging to pagodas, churches, mosques, monasteries, convents, religious workers' training schools, offices of religious organizations and other religious establishments, the operation of which has been permitted by the State, shall be used on a long-term and stable basis.

2. Land having such facilities as communal houses, temples, shrines, hermitages, ancestral halls, lineal worship houses shall be used on a long-term and stable basis.

3. The administration and use of land as stipulated in Paragraph 1 and Paragraph 2 of this Article shall be in compliance with stipulations by land-related legislation.

Article 28 1. Belief establishments and religious organizations

shall be entitled to raise funds and accept assets donated and 24

presented voluntarily by domestic and foreign organizations and individuals, in compliance with stipulations by the law.

2. The purposes of fund-raising by a belief establishment or religious organization shall be announced publicly and clearly, and the fund-raising shall be informed in advance to the people’s committee of the locality where it is to be organized.

3. No abuse of fund-raising for individual benefits, or illegal purposes, shall be allowed.

Article 29 Belief and religious activities in a belief or religious

establishment classified as a cultural or historical relic or a scenic spot shall be conducted normally as for other belief or religious establishments.

The administration, use, renovation or upgrading of facilities in a belief or religious establishment classified as a cultural or historical relic or a scenic spot shall be conducted in compliance with stipulations by legislation on cultural heritage and other relevant laws.

Article 30 The renovation or upgrading of existing facilities, or

construction of new facilities, in a belief and religious establishment shall be conducted in compliance with stipulations by legislation on construction.

Any change in the defined purposes of facilities in belief establishments shall be subject to approval by the

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district-level people’s committee; any change in the defined purposes of the facilities in religious establishments shall be subject to approval by the provincial-level people’s committee.

Article 31 The displacement of facilities in a belief or religious

establishment as required by a socio-economic development plan shall be subject to advance consultation with the establishment's representative, and compensation shall be made in compliance with stipulations by the law.

Article 32 The publishing, printing and issuance of scriptures,

books, newspapers, journals or other publications related to beliefs and religions; the trading, exportation or importation of cultural products related to beliefs and religions; or the manufacture of articles for use in belief and religious activities, shall be in compliance with stipulations by the law.

Article 33 1. The State shall encourage and create conditions for

religious organizations to take part in providing care and education for children in special situations; to give assistance to institutions caring for the health of the poor, persons with disabilities, HIV/AIDS carriers, leprosy patients and patients of mental diseases; to help develop pre-school educational establishments; and to take part in other activities for charitable and humanitarian purposes in conformity with their

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respective charters and/or statutes and in accordance with stipulations by the law.

2. Dignitaries and clergypersons, as citizens, shall be encouraged by the State to organize educational, medical, charitable and humanitarian activities in accordance with stipulations by the law.

Chapter V INTERNATIONAL RELATIONS OF RELIGIOUS

ORGANIZATIONS, BELIEVERS, CLERGYPERSONS AND DIGNITARIES

Article 34 Religious organizations, believers, clergypersons and

dignitaries shall be entitled to carry out activities in international relations in accordance with their respective charters, statutes or canon laws and in conformity with the law of Vietnam.

In carrying out activities in international relations, religious organizations, believers, clergypersons and dignitaries shall be as equals, and shall respect each other and the independence, sovereignty and internal affairs of States.

Article 35 The carrying out of the following activities in

international relations shall be subject to approval by the central State governance agency for religious affairs:

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1. Invitation of a foreign organization or individual to Vietnam or implementation in Vietnam of a decision of a foreign religious organization; and

2. Participation in a religious activity, or sending off a person for a religious training course, in a foreign country.

Article 36 A dignitary or clergyperson who is a foreign national

shall be entitled to preach at Vietnamese religious establishments after approval by the central State governance agency for religious affairs, and he/she shall respect the rules of Vietnamese religious organizations and observe stipulations by the law of Vietnam.

Article 37 A foreign national, when entering Vietnam, shall

observe the law of Vietnam; shall be entitled to bring along publications and other religious articles for his/her personal use in compliance with stipulations by the law of Vietnam; shall be provided with conditions to practice religion in religious establishments like Vietnamese religious believers; shall be entitled to invite religious dignitaries who are Vietnamese nationals to perform religious rites for him/her; and shall respect the rules of religious organizations in Vietnam.

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Chapter VI IMPLEMENTATION PROVISIONS

Article 38 In the case where an international treaty concluded, or

acceded to, by the Socialist Republic of Vietnam contains a stipulation that contravenes stipulations by this Ordinance, the stipulation of the international treaty shall prevail.

Article 39 1. A religious organization that has been recognized by

the competent State agency before the date this Ordinance takes effect shall not be required to apply for re-recognition.

2. Religious associations, religious orders, monasteries and other collective religion-practicing institutions that have been registered and permitted to operate before the date this Ordinance takes effect shall not be required to re-register.

Article 40 This Ordinance shall take effect on November 15th, 2004. Article 41 The Government shall detail and provide guidance for

the implementation of this Ordinance.

Hanoi, June 18th, 2004 FOR THE STANDING COMMITTEE

OF THE NATIONAL ASSEMBLY PRESIDENT

(signed) Nguyen Van An

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THE GOVERNMENT ---------------

No. 92/2012/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness

Hanoi, November 8th, 2012

DECREE Detailing and providing measures for the implementation

of the Ordinance on Belief and Religion

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

Pursuant to the Ordinance on Belief and Religion dated June 18th, 2004;

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 Belief and Religion.

Chapter I GENERAL PROVISIONS

Article 1. Scope of regulation and objects of application

This Decree provides stipulations for belief activities; religious organizations; religious activities of believers, clergypersons, dignitaries and religious organizations; and responsibilities of State agencies in the governance of belief and religious activities.

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Article 2. Citizens’ right to freedom of belief and religion The State of the Socialist Republic of Vietnam

respects and guarantees the right of citizens to freedom of belief and religion, to follow or not to follow a religion, and nobody shall be allowed to infringe upon that right.

Acts designed to coerce a citizen into following or renouncing a religion, or to abuse the right to freedom of belief and religion to undermine the peace, independence and unity of the country: to incite violence or engage in war propaganda, to conduct propaganda against State laws and policies; to sow division among the people, ethnic groups and religions; to cause public disorder, infringe upon the life, health, dignity, honor or property of other people, to obstruct the exercise of citizens’ rights and obligations; and to engage in superstitious practices and other breaches of the law shall be strictly prohibited.

Any organization or individual that violates legislation on belief and religion shall be sanctioned in accordance with stipulations by the law.

Chapter II BELIEF ACTIVITIES

Article 3. Belief activities at belief establishments 1. A community with a belief establishment shall

elect or designate its representative or management board.

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A representative or a member of the management board of a belief establishment shall be a Vietnamese citizen having full civil behavior capacity, ẹnjoying credibility in his/her community, and strictly observing the law.

The representative or management board of a belief establishment shall send a notice to the people’s committee of the commune, ward or township (hereinafter referred to as commune-level people’s committee), clearly stating the full names, ages and places of residence of the elected or designated persons within 3 working days after election or designation 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 on belief activities expected to be conducted at the establishment in the following year. The notice shall clearly state the name of the belief establishment and the organizers of the activities; and the prospective attendances, contents, forms and time of the belief activities.

Ten working days after lodging a valid notice, if the commune-level people’s committee gives no other opinion, the belief establishment shall be entitled to operate in accordance with the notice, except the case provided in Clause 5, Article 4 of this Decree.

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3. The representative or management board of a belief establishment shall be responsible before the law for belief activities conducted at the establishment.

Participants in belief activities at belief establishments shall behave with civility, and comply with the law as well as establishment rules.

4. Clauses 1 and 2 of this Article are not applicable to such belief establishments as ancestral halls and lineal worship houses.

Article 4. Belief festivals and their organization 1. A belief festival is a form of organized belief activity,

reflecting the worship, commemoration or glorification of persons with meritorious services to the country and the community, the worship of ancestors and traditional symbols, or other folk belief activities symbolizing fine historical, cultural, moral and social values.

2. The organization of the following belief festivals shall require approval by the people’s committee of a province or city under central authority (hereinafter referred to as province-level people's committee) where they are to be held:

a/ Those organized for the first time; b/ Those restored after a period of interruption; c/ Those organized periodically but with changes in

contents, time, or location.

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3. For a belief festival specified in Clause 2 of this Article, the representative shall send a dossier to the province-level people’s committee.

The dossier shall comprise: a/ A written request for organization of the festival,

clearly stating its name history, scope, time, venue, program and contents. For a belief festival specified at Point c, Clause 2 of this Article, the request shall not state again the history of the festival;

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

4. Within 20 working days after receipt of a valid dossier, the province-level people’s committee shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

5. For a belief festival other than those specifìed in Clause 2 of this Article, the organizer shall send to the commune-level people’s committee, 15 working days before its organization, a written notice on the time, venue, contents and organizational form of the festival and a list of members of the festival organizing committee. In case of a natural disaster or epidemics, or for security and order reasons, when the organization of a festival may adversely affect local social life, the commune-level people’s committee shall decide on its organization.

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Chapter III RELIGIOUS ORGANIZATIONS

Section 1 REGISTRATION OF RELIGIOUS ACTIVITY;

REGISTRATION OF OPERATION AND RECOGNITION OF RELIGIOUS ORGANIZATlON

Article 5. Registration of religious activity 1. Citizens wishing to gather to practise worship

rituals, pray, or express their religious faith shall have their representative submit a religious activity registration dossier to the commune-level people's committee.

2. Registration dossier and reply deadline: a/ A written registration of religious activity clearly

stating the name of the religion, its goal and objectives, full name and place of residence of the representative, contents, organizational form, venue and time of the activity, and prospective attendance;

b/ Within 15 working days after receipt of a complete and valid dossier, the commune-level people’s committee shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

3. Conditions for approval of religious activity:

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a/ Goal, objectives and contents of the religious activity do not violate stipulations in Clause 2 of Article 8 and Article 15 of the Ordinance on Belief and Religion;

b/ A lawful location for the activity is available; c/ The representative is a Vietnamese citizen who has

full civil behavior capacity, strictly observes the law, and has a sense of national unity and harmony.

Article 6. Registration of religious operation 1. To obtain a religious operation certificate, an

organization shall fully satisfy the following conditions: a/ Having conducted religious activities on a stable

basis for at least 20 years as of the date of approval by a commune-level people’s committee for religious activities, and has not violated Clause 2 of Article 8 and Article 15 of the Ordinance of Belief and Religion;

b/ Being an organization of persons sharing the same belief; its tenets, canons, rituals, practice orientations and activities are attached to the nation and not contrary to fine customs and habits, and stipulations by the law;

c/ Not belonging to any religious organization already recognized by a competent State agency;

d/ Having a name not identical to that of any religious organization already recognized by a competent State agency, or of any national celebrity or hero;

e/ Having a lawful venue for religious operation;

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f/ Its representative being a Vietnamese citizen who has full civil behavior capacity and credibility in the organization, and strictly observes the law.

2. An organization fully satisfying the conditions specified in Clause 1 of this Article and wishing to register for religious operation shall submit a registration dossier to a competent State agency specified in Clause 3 of this Article.

The dossier shall comprise: 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, the formation and development of the organization in Vietnam, its goal, objectives, organizational structure and scope of operation, prospective location of its headquarters;

b/ Religious tenets, canons and rituals; c/ A list of prospective representatives of the

organization certified by the commune-level people’s committee of the places of their lawful residence;

d/ Number of followers. 3. Competence to grant registration certificates and

reply deadline: a/ Within 45 working days after receipt of a valid

dossier, the central State governance agency for religious

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affairs shall grant a registration certificate to an organization operating in more than one province or city under central authority. In case of refusal, a written reply clearly stating the reason shall be issued;

b/ Within 30 working days after receipt of a valid dossier, the province-level State governance agency for religious affairs shall grant a registration certificate to an organization operating mainly within one province or city under central authority. In case of refusal, a written reply clearly stating the reason shall be issued.

Article 7. Religious operation of organizations having obtained registration certificates

1. An organization that has registered for religious operation shall be entitled to:

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

b/ Hold congresses to adopt its charter, statutes and relevant matters prior to submission for recognition by competent State agencies;

c/ Elect or designate its leaders, and organize training courses on religious tenets;

d/ Repair, renovate or upgrade its facilities; e/ Carry out charity and humanitarian activities.

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2. In conducting activities specified in Clause 1 of this Article, the organization shall comply with stipulations by this Decree and other related legal documents.

Article 8. Recognition of religious organizations 1. Three years after obtaining a religious operation

certificate, a religious organization that has conducted religious activities continuously, not violated stipulations by this Decree, and satisfied the conditions provided in Clause 1, Article 16 of the Ordinance on Belief and Religion shall be entitled to apply for recognition by a competent State agency.

2. The organization shall send a dossier to the competent State agency specified in Clause 2, Article 16 of the Ordinance on Belief and Religion.

The dossier shall comprise: a/ A written application for recognition of the

religious organization, clearly stating the name of the religion, the name of the organization, its international transaction name (if any), full name of the representative, number of believers and scope of operation at the time of application, organizational structure, and headquarters of the organization;

b/ A summary of the organization’s operation since obtainment of a certificate;

c/ Tenets, canons and rituals;

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d/ Charter or statutes of the organization. 3. Recognition competence and reply deadline: a/ Within 45 working days after receipt of a valid

dossier, the Prime Minister shall consider recognition of a religious organization stipulated in Point a, Clause 2, Article 16 of the Ordinance on Belief and Religion. In case of non-recognition, a written reply clearly stating the reason shall be issued;

b/ Within 30 working days after receipt of a valid dossier, the chairperson of the province-level people’s committee shall consider recognition of a religious organization stipulated in Point b, Clause 2, Article 16 of the Ordinance on Belief and Religion. In case of non-recognition, a written reply clearly stating the reason shall be issued.

4. An organization that had obtained a religious operation registration certificate for three full years but during its operation has violated Article 15 of the Ordinance on Belief and Religion and has been sanctioned by a competent State agency shall not be considered for recognition. To be considered for recognition, it shall re-register under Article 6 of this Decree. One year after obtainment of a new registration certificate, and provided that it does not violate the law, it shall be entitled to apply for recognition by a competent State agency.

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Section 2 ESTABLISHMENT, DIVISION, SEPARATION,

MERGER OR CONSOLIDATION OF DEPENDENT RELIGIOUS ORGANIZATIONS

Article 9. Conditions for establishment, division, separation, merger or consolidation of dependent religious organizations

1. The establishment of a dependent religious organization shall meet the following conditions:

a/ The religious organization shall submit a written request;

b/ The organization to be established shall belong to the system of a religious organization recognized by the State;

c/ The number of local believers meets the conditions specified in the charter or statutes of the religious organization.

2. The division or separation of a dependent religious organization should satisfy the following conditions:

a/ The religious organization shall submit a written request;

b/ The divided or separated organization shall remain in the system of a religious organization recognized by the State;

c/ The dependent religious organization has a large number of believers, its operational area is vast, and the organization of religious activities is difficult.

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3. The merger or consolidation of dependent religious organizations should satisfy the following conditions:

a/ The religious organization shall submit a written request;

b/ The merged or consolidated organization shall remain in the system of a religious organization recognized by the State.

Article 10. Proceedings and procedures for establishment, division, separation, merger and consolidation of dependent religious organizations

1. A religious organization wishing to establish, divide, separate, merge or consolidate its dependent religious organizations shall submit a written request to the competent State agency specified in Clause 2 of this Article. The request shall clearly state the following:

a/ Name of the dependent religious organization to be established; name(s) of the dependent religious organization(s) before division, separation, merger or consolidation, and prospective name(s) of the dependent religious organizations after division, separation, merger or consolidation;

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

c/ List of prospective representative(s) of the dependent religious organization(s) to be established, divided, separated, merged or consolidated;

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d/ Number of believers at the time of establishment; number(s) of believers before and after division, separation, merger or consolidation;

e/ Scope of religious operation; f/ Prospective location of the organization’s

headquarters. 2. Decision-making competence and reply deadline: a/ Within 30 working days after receipt of a valid

written request, the Prime Minister shall consider, make decision and issue a written reply to a religious organization specified in Clause 3, Article 17 of the Ordinance on Belief and Religion. In case of disapproval, a written reply clearly stating the reason shall be issued;

b/ Within 20 working days after receipt of a valid written request, the province-level people’s committee shall consider, make decision and issue a written reply to a religious organization specified in Clause 2, Article 17 of the Ordinance on Belief and Religion. In case of disapproval, a written reply clearly stating the reason shall be issued.

Article 11. Seals of religious organizations Religious organizations and their dependent

organizations that have been recognized by competent State agencies shall be entitled to use their seals in accordance with stipulations by the law.

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Section 3 REGISTRATION OF RELIGIOUS ASSOCIATIONS,

ORDERS, MONASTERIES AND OTHER COLLECTIVE RELIGIOUS PRACTICE INSTITUTIONS

Article 12. Registration of religious associations 1. Associations formed by religious organizations

for the purpose of serving religious ceremonies, including clarion band, drum band, flower-offering team, choir, funeral service team, ritual music band, children’s choir and similar groupings, shall not be required to register with competent State agencies for operation.

2. For a religious association other than those stipulated in Clause 1 of this Article, the religious organization that has founded it shall send a registration dossier to a competent State agency specified in Clause 2, Article 19 of the Ordinance on Belief and Religion.

The dossier shall comprise: a/ A written registration clearly stating the names of

the registering religious organization, of the association, and of the person responsible for its operation;

b/ A list of the association’s management personnel: c/ Internal rules, operational regulations or statutes of

the society clearly stating its objectives, and organizational and managerial structures.

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3. Within 15 working days for religious associations operating within one district, town or provincial city; 20 working days for religious associations operating in more than one district, town or provincial city; or 30 working days for religious associations operating in more than one province or city under central authority, after receipt of a valid dossier, a competent State agency specified in Clause 2, Article 19 of the Ordinance on Belief and Religion shall grant a registration certificate to the religious organization. In case of refusal, a written reply clearly stating the reason shall be issued.

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

1. Heads of religious orders, monasteries or other collective religious practice institutions shall send a dossier to a competent State agency specified in Clause 2, Article 19 of the Ordinance on Belief and Religion.

The dossier shall comprise: a/ A written registration clearly stating the name of

the religious order, monastery or other collective religious practice institution, its headquarters or office, name of the head of the order, monastery or other collective religious practice institution;

b/ A list of clergypersons;

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c/ Internal rules, operational regulations or statutes clearly stating the goal, objectives, organizational and managerial system, material facilities, social activities, international activities (if any) of the order, monastery or other collective religious practice institution;

d/ A list of religious establishments attached to the order, monastery or other collective religious practice institution, certified by the commune-level people's committee where these establishments are located.

2. Within 15 working days for a religious order, monastery or other collective religious practice institution operating within one district, town or provincial city; 20 working days for a religious order, monastery or other collective religious practice institution operating in more than one district, town or city of one and the same province; or 30 working days for a religious order, monastery or other collective religious practice institution operating in more than one province or city under central authority, after receipt of a complete and valid dossier, a competent State agency provided in Clause 2, Article 19 of the Ordinance on Belief and Religion shall grant a registration certificate to the religious order, monastery or other collective religious practice institution. In case of refusal, a written reply clearly stating the reason shall be issued.

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Section 4 ESTABLISHMENT, MANAGEMENT AND

DISSOLUTION OF- SCHOOLS, AND OPENING OF REFRESHER COURSES FOR RELIGIOUS WORKERS

Article 14. Establishment of schools for religious workers

1. A lawful religious organization wishing to establish a school for training religious workers shall send a dossier to the Prime Minister.

The dossier shall comprise: a/ A written request for establishment of the school; b/ The school founding plan, clearly stating the name

of the religious organization wishing to establish the school, the need for establishment of the school, the name and prospective location of the school, enclosed with files on land, material facilities, financial capacity, training objectives, functions, tasks, scope, curriculum, contents, draft operation regulation, draft enrollment regulation, enrollment quotas, prospective list of members of the management board or directorate (hereinafter referred to as management board) together with their curricula vitae, and a list of prospective lecturers.

2. In the curriculum, Vietnamese history and Vietnamese law shall be compulsory subjects.

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3. Within 30 working days after receipt of a valid dossier, the Prime Minister shall consider, make decision and issue a written reply to the religious organization. In case of disapproval, a written reply clearly stating the reason shall be issued.

Article 15. Management of schools for religious workers

1. Before enrollment, a school management board shall send a notice on the enrollment quota to the central State governance agency for religious affairs. Such a notice shall clearly state the prospective number of enrollees and assurance conditions.

Fifteen working days after submission of a valid notice, if the central State governance agency for religious affairs gives no other opinion, a school shall be entitled to enroll according to its notice.

2. Vietnamese citizens studying at schools for religious workers shall be persons having full civil behavior capacity and strictly observing the law.

3. Responsibilities of competent State agencies: a/ The province-level people’s committee shall be

responsible for the administrative management of local schools for religious workers;

b/ The Ministry of Education and Training shall assume prime responsibility and coordinate with the

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Ministry of Justice, the Ministry of Home Affairs and other related agencies in providing guidance on the curriculum and contents, and supervision over the teaching of Vietnamese history and Vietnamese law in accordance with stipulations by the law.

Article 16. Foreigners studying at schools for religious workers in Vietnam

1. A foreigner wishing to study at a school for religious workers in Vietnam shall comply with immigration and other relevant legal stipulations; and shall require approval by the school management board which shall submit a request to the central State governance agency for religious affairs for consideration and decision.

The school management board shall send a dossier of the foreign student to the central State governance agency for religious affairs.

The dossier shall comprise: a/ A written request from the school for enrollment of

the foreign student, clearly stating the school’s name and the student's full name, citizenship, enrollment reason and duration;

b/ A copy of the foreign student’s passport with a certified Vietnamese translation;

c/ Relevant documents as required by the school’s enrollment regulations.

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2. Within 25 working days after receipt of a valid dossier, the central State governance agency for religious affairs shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

3. Foreign students at schools for religious workers shall comply with stipulations in Articles 37, 39, 40 and 41 of this Decree when conducting religious activities in Vietnam during their studies and after graduation.

Article 17. Dissolution of schools for religious workers

1. A religious organization wishing to dissolve a school for religious workers shall send a notice to the Prime Minister, clearly stating the reason for and mode of dissolution.

Within 15 working days after receipt of a valid notice, the Prime Minister shall issue a written reply on the dissolution.

2. The dissolved school’s land and other assets shall be treated according to current stipulations by the law.

Article 18. Opening of refresher courses for religious workers

1. A religious organization wishing to open a refresher course for religious workers shall send a written request to the chairperson of the province-level people's committee where the course is to be opened. The request

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shall clearly state the name of the course, its location, the reason for its opening, its duration, contents, curriculum, and a list of trainees and lecturers.

2. Within 15 working days after receipt of a valid dossier, the province-level people’s committee chairperson shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

Section 5 ORDAINMENT, CONFERMENT, APPOINTMENT,

ELECTION, DESIGNATION, DISCHARGE AND DISMISSAL OF RELIGIOUS DIGNITARIES

Article 19. Registration of ordained, conferred, appointed, elected and designated persons

1. Religious organizations wishing to ordain, confer, appoint, elect or designate members of the Sangha Patronage Council and Dharma Executive Council of the Buddhist Sangha of Vietnam, Most Venerables, Venerables, Chief Nuns and Nuns in Buddhism; members of the Executive Committee and chairpersons of committees of the Episcopal Council of Vietnam, Cardinals, Archbishops, Bishops, coadjutor Bishops, auxiliary Bishops, apostolic Administrators, heads of Catholic orders in Catholicism; members of the Central Councils of Administrators of Protestant Churches;

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members of Executive Councils, Holy Councils, Standing Committees of Holy Councils, Bishops and equivalent or higher dignitaries of the Cao Dai Churches; members of the Central Executive Council of the Hoa Hao Buddhist Church; equivalent positions and titles of other religious organizations; and heads of schools for religious workers, shall send written registration forms to the central State governance agency for religious affairs.

2. For cases not specified in Clause 1 of this Article, religious organizations wishing to ordain, confer, appoint, elect or designate religious dignitaries shall send written registration forms to the province-level people's committee where those persons reside and conduct religious activities.

3. A religious organization’s registration form shall clearly state the full name, religious title, position, scope of responsibility, and a summary of religious activities of the registered person.

4. Deadline for reply: a/ Twenty working days after submission of a valid

written registration, for cases specified in Clause 1 of this Article, if the central State governance agency for religious affairs gives no other opinion, an ordained, conferred, appointed, elected or designated person shall be entitled to conduct religious activities in his/her registered title;

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b/ Ten working days after submission of a valid written registration, for cases specified in Clause 2 of this Article, if the province-level people’s committee gives no other opinion, an ordained, conferred, appointed, elected or designated person shall be entitled to conduct religious activities in his/her registered title.

Article 20. Foreign-related ordainment, conferment, appointment, election and designation

1. Foreign-related ordainment, conferment, appointment, election and designation shall require written approval by the central State governance agency for religious affairs.

A religious organization in Vietnam having a person nominated for foreign-related ordainment, conferment, appointment, election or designation shall send a written request to the central State governance agency for religious affairs, clearly stating the name of the nominator religious organization, reason for nomination, and full name, religious title, position, scope of responsibility, and a summary of religious activities of the nominee.

2. Within 60 working days after receipt of a valid written request, the central State governance agency for religious affairs shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

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3. Pending approval by the central State governance agency for religious affairs, a Vietnamese national ordained, conferred, appointed, elected or designated in foreign-related cases shall not be entitled to use his/her title for religious activities in Vietnam.

Article 21. Notification of discharge or dismissal of religious dignitaries

When discharging or dismissing a religious dignitary under its administration, a religious organization shall send a notice to the State agency specified in Clause 1 or 2, Article 19 of this Decree with which it has registered, clearly stating the reason for discharge or dismissal, with documents on his/her discharge or dismissal attached.

Section 6 TRANSFER OF DIGNITARIES AND CLERGYPERSONS

Article 22. Notification on transfer of dignitaries and clergypersons to new places of operation

1. A religious organization that transfers a dignitary or clergyperson to a new place of operation shall, within 3 working days after issuance of the transfer decision, send a notice to the people's committee of the district, town or provincial city (hereinafter referred to as district-level people's committee) of the place of departure.

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2. Such a notice shall clearly state the full name, religious title and position of the transferred person, reason for transfer, and the places of departure and destination.

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

1. Before transferring a dignitary or clergyperson to a new place of operation, a religious organization shall send a registration dossier to the district-level people's committee of the place of destination.

The dossier shall comprise: a/ A written registration clearly stating the full name,

religious title and position of the transferred person, reason for transfer, places of departure and destination;

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

c/ A curriculum vitae of the transferred person certified by the commune-level people's committee of the place of the person’s lawful residence.

2. Fifteen working days after submission of a complete and valid dossier, if the district-level people’s committee gives no other opinion, the dignitary or clergyperson shall be entitled to conduct religious activities at the registered place.

3. In case a dignitary or clergyperson has violated religion-related legislation and been given administrative

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sanction by the chairperson of a province-level people's committee or criminal punishment, before his/her transfer to a new place of operation, a religious organization shall send a registration dossier as stipulated in Clause 1 of this Article to the province-level people’s committee of the place of destination.

Within 20 working days after receipt of a valid dossier, the province-level people's committee shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

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 the commune-level people’s committee a written registration of religious events to be held at their establishments in the following year. The registration forms shall clearly state the names of organizers, prospective attendances, contents and time of those events.

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2. Fifteen working days after submission of a valid registration, if the commune-level people’s committee give no other opinion, grassroots religious organizations shall be entitled to operate in accordance with their registration.

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

1. Religious operations outside registered annual programs, which do not fall into cases specified in Articles 18 and 25 of the Ordinance on Belief and Religion, shall be treated as follows:

a/ For a religious event to be attended by believers beyond one district, town or provincial city or beyond a province, the grassroots religious organization shall require approval by the province-level people’s committee where the event is to be held;

b/ For a religious event to be attended by believers within one district, town or provincial city, the grassroots religious organization shall require approval by the district-level people’s committee where the event is to be held.

2. A grassroots religious organization shall send a written request to a competent State agency specified at Point a or b, Clause 1 of this Article, clearly stating the name of the event, its organizer, prospective attendance, contents, time and venue, and assurance conditions.

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3. Within 15 working days after receipt of a valid written request, a competent State agency specified at Point a or b, Clause 1 of this Article shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

Section 2 REGISTRATION OF PERSONS WISHING TO LEAD A

RELIGIOUS LIFE AT A RELIGIOUS ESTABLISHMENT

Article 26. Registration of persons wishing to lead a religious life at a religious establishment

1. The person in charge of a religious establishment shall send a registration dossier of persons wishing to lead a religious life at a religious establishment to the commune-level people's committee where the religious establishment is located within 3 working days after admission of those persons.

2. The dossier shall comprise: a/ A list of persons wishing to lead a religious life at

the religious establishment; b/ Curricula vitae of the persons concerned, certified

by the commune-level people's committee of the places of their permanent residence;

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

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Section 3 CONFERENCES AND CONGRESSES OF

RELIGIOUS ORGANIZATIONS

Article 27. Conferences and congresses of grassroots religious organizations

1. A grassroots religious organization wishing to hold an annual conference or congress shall send a dossier to the district-level people’s committee where the conference or congress is to be held.

The dossier shall comprise: a/ A written request clearly stating the religious

organization’s name, reason for holding the conference or congress, prospective attendance, contents, agenda, time and venue of the event;

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

2. Within 5 working days after receipt of a valid dossier, the district-level people's committee shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

Article 28. Central-level or plenary conferences and congresses of religious organizations

1. A religious organization operating in more than one province or city under central authority that wishes to

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hold a central-level or plenary annual conference or congress shall send a dossier to the central State governance agency for religious affairs.

The dossier shall comprise: a/ A written request clearly stating the religious

organization’s name, reason for holding the event, prospective attendance, contents, agenda, time and venue of the event;

b/ A report on the operation of the religious organization;

c/ Draft charter or statutes, or amended charter or statutes (if any).

2. Within 20 working days after receipt of a valid dossier, the central State governance agency for religious affairs shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

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

1. A religious organization other than those specified in Articles 27 and 28 of this Decree wishing to hold an annual conference or congress shall send a dossier to the province-level people’s committee where the event is to be held.

The dossier shall comprise:

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a/ A written request clearly stating the religious organization's name, reason for holding the event, prospective attendance, contents, agenda, time and venue of the event;

b/ A report on the operation of the religious organization;

c/ Draft charter or statutes, or amended charter or statutes (if any).

2. Within 10 working days after receipt of a valid dossier, the province-level people’s committee shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

Article 30. Registration of amended charters or statutes

1. A religious organization wishing to amend its charter or statutes shall send a written registration attached with the amended charter or statutes to a competent State agency specified in Clause 1 of Article 28, or Clause 1 of Article 29 of this Decree. The registration form shall clearly state the name of the religious organization, its representative, reason for amending, and contents of amendments.

2. Within 7 working days after receipt of an amended charter or statutes, the competent State agency shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

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3. A religious organization shall be entitled to operate under its charter or statutes after approval by the competent State agency.

Section 4 RITUALS, PREACHING AND MISSIONARY WORK BY RELIGIOUS ORGANIZATIONS, DIGNITARIES

AND CLERGYPERSONS OUTSIDE RELIGIOUS ESTABLISHMENTS

Article 31. Rituals held by religious organizations outside religious establishments

1. When organizing a ritual outside a religious establishment, prospectively attended by believers within one district, town or provincial city, a religious organization shall send a written request to the local district-level people’s committee. The request shall clearly state the name of the ritual, the officiator, contents, agenda, time, venue, scope and prospective attendance of the ritual.

Within 10 working days after receipt of a valid request, the district-level people’s committee shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

2. When organizing a ritual outside a religious establishment, prospectively attended by believers coming from more than one district, town or provincial city or from

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more than one province or city under central authority, a religious organization shall send a written request to the province-level people's committee where the ritual is to be held.

Within 15 working days after receipt of a valid request, the province-level people's committee shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

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

1. A religious dignitary or clergyperson wishing to preach or conduct missionary work outside a religious establishment shall send a dossier to the district-level people's committee where the event is to take place.

The dossier shall comprise: a/ A written request clearly stating the reason for the

event outside a religious establishment, its contents, program, time, venue, organizer and attendance;

b/ Written opinion of his/her immediate religious organization or religious organization directly administering him/her.

2. Within 10 working days after receipt of a valid dossier, the district-level people's committee shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

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Section 5 RELIGIOUS OPERATIONS OF RELIGIOUS DIGNITARIES AND CLERGYPERSONS AT

RELIGIOUS ESTABLISHMENTS CLASSIFIED AS HISTORICAL-CULTURAL RELICS OR SCENIC SPOTS

Article 33. Operations of religious dignitaries and clergypersons at religious establishments classified as historical-cultural relics or scenic spots

1. A religious organization having a religious establishment classified as historical-cultural relic or scenic place shall be entitled to assign a dignitary or clergyperson to join the site management board set up by a competent State agency.

2. Religious dignitaries and clergypersons at religious establishments classified as historical-cultural relics or scenic spots shall be entitled to conduct religious activities normally as at other religious establishments.

3. Proceeds from donations, grants, or festivals organized by a religious establishment classified as a historical-cultural relic or scenic spot shall be made public by the site management board. They shall be used for the maintenance and improvement of the site, religious operations at the establishment, and the normal life of its dignitaries and clergypersons.

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Section 6 RENOVATION, UPGRADING AND CONSTRUCTION

OF BELIEF, RELIGIOUS AND AUXILIARY BUILDINGS OF BELIEF AND RELIGIOUS ESTABLISHMENTS

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

1. Belief buildings include communal houses, temples, hermitages, shrines, ancestral halls, lineal worship houses, and similar facilities.

2. Religious buildings include offices of religious organizations, pagodas, churches, oratories, sanctuaries, chapels, Buddhist prayer houses, schools for religious workers, monuments, steles, stupas, and similar facilities.

3. Auxiliary buildings are those not used for worship, including dwelling houses, guesthouses, mess halls, kitchens, enclosure walls, and similar facilities.

4. The renovation, upgrading and construction of the buildings specified in Clauses 1, 2 and 3 of this Article and belief and religious buildings classified as historical-cultural relics and scenic spots shall comply with construction legislation and other related legal documents.

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

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The repair, renovation or upgrading of belief or religious buildings other than classified historical-cultural relics or scenic spots which does not change the architecture, force-bearing structure, or safety of the buildings and surrounding areas is not subject to construction licensing.

Prior to the repair, renovation or upgrading of a building, the representative of a belief or religious establishment shall send a notice to the local commune-level people's committee, clearly stating the reason, time, project items, scope and level of work. The commune-level people's committee shall exercise control and supervision in accordance with stipulations by the 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 wishing to conduct fundraising shall send a notice to a competent State agency specified in Clause 2 of this Article, clearly stating the purpose, scope, mode and time of fundraising, and mechanism for management and use of raised assets.

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2. Agencies for receipt of fundraising notices from belief establishments and religious organizations:

a/ The commune-level people's committee where the fundraising is to be conducted, for fundraising within one commune;

b/ The district-level people's committee where the fundraising is to be conducted, for fundraising beyond one commune but within one district;

c/ The province-level people's committee where the fundraising is to be conducted, for fundraising beyond one district;

3. Within 3 working days for a case specified at Point a, Clause 2 of this Article; 5 working days for a case specified at Point b, Clause 2 of this Article; or 7 working days for a case specified at Point c, Clause 2 of this Article, a competent State agency specified in Clause 2 of this Article shall issue a written reply and exercise supervision over the fundraising according to the notice. In case of disapproval, the reason shall be clearly stated.

4. Belief establishments and religious organizations that conduct fundraising shall ensure disclosure and transparency regarding the raised funds, including their allocation; and should not abuse their names to raise funds for personal profit or illegal purposes.

5. Receipt, management and use of foreign-related donations shall comply with stipulations by the law.

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Section 8 INTERNATIONAL RELATIONS OF RELIGIOUS

ORGANIZATIONS, BELIEVERS, CLERGYPERSONS AND DIGNITARIES

Article 37. Invitation of foreign organizations and individuals to Vietnam

1. A religious organization, believer, clergyperson or dignitary wishing to invite a foreign organization or individual to Vietnam for religion-related international activities shall send a dossier to the central State governance agency for religious affairs.

The dossier shall comprise: a/ A written request clearly stating the name of the

organization or individual making the invitation, purpose and substance of cooperative activities, list of invitees, tentative program, time and venue for activities;

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

2. Within 25 working days after receipt of a valid dossier, the central State governance agency for religious affairs shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

Article 38. Participation in religious events and training courses overseas

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1. A religious organization or individual wishing to participate in a religious event or training course overseas shall send a dossier to the central State governance agency for religious affairs.

The dossier shall comprise: a/ A written request clearly stating the purpose, agenda,

time and venue of the religious event or training course overseas to which the Vietnamese religious organization or individual is invited;

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

c/ Written approval by the invitee’s religious organization.

2. Within 25 working days after receipt of a valid dossier, the central State governance agency for religious affairs shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

3. For a dignitary, clergyperson or believer who, having completed a religious training course overseas and been ordained, conferred, appointed, elected or designated by an overseas religious organization, returns to Vietnam for religious operation, his/her religious organization shall register with a competent State agency in accordance with stipulations in Article 19 of this Decree.

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Article 39. Preaching by foreign dignitaries and clergypersons in Vietnam

1. A religious organization wishing to invite a foreign religious dignitary or clergyperson to preach at a religious establishment in Vietnam shall send a written request to the central State governance agency for religious affairs, clearly stating the name and citizenship of the dignitary or clergyperson, name of his/her religious organization, the program, contents, time and venue of preaching, the organizer and attendance.

2. Within 25 working days after receipt of a written request, the central State governance agency for religious affairs shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

Article 40. Religious activities of foreigners in Vietnam

1. Foreigners lawfully residing in Vietnam shall be offered conditions to conduct religious activities at religious establishments like Vietnamese believers.

2. Foreigners wishing to gather for a religious activity at a lawful religious establishment in Vietnam shall send a dossier to the province-level people’s committee.

The dossier shall comprise: a/ A written request for religious activity clearly

stating the name, citizenship and religion of the representative; reason, time for the activity, prospective

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attendance, and the religious establishment where the activity is to be held;

b/ A notarized copy of the certificate of the representative’s lawful residence in Vietnam;

c/ Written approval by the lawful grassroots religious organization where the foreigners wish to gather for a religious activity.

3. Within 25 working days after receipt of a valid dossier, the province-level people's committee shall issue a written reply. In case of disapproval, the reason shall be clearly stated.

4. Foreigners engaged in religious activities in Vietnam shall comply with stipulations by this Decree and related legal documents.

Article 41. Religion-related immigration In the implementation of Articles 37, 38, 39 and 40 of

this Decree, religious organizations, believers, clergypersons and dignitaries shall comply with immigration legislation.

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 prime responsibility and coordinate with related ministries and agencies in guiding implementation of this Decree.

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2. In the implementation of the Ordinance on Belief and Religion and this Decree, for cases falling under the Prime Minister’s competence, the Ministry of Home Affairs shall receive dossiers, and assume prime responsibility and coordinate with related ministries, agencies and localities in appraising and submitting the dossiers to the Prime Minister for decision. For cases falling under the competence of People's Committees or Chairpersons of People’s Committees at different levels, the State agencies for religious affairs at corresponding levels shall receive dossiers, and coordinate with related agencies in appraising and submitting the dossiers to People’s Committees or 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 governance in the fields of belief and belief festivals; subjects of Vietnamese history and Vietnamese law; construction of belief and religious facilities; and land related to belief and religion.

Article 43. Receipt of dossiers 1. In the implementation of the Ordinance on Belief

and Religion and this Decree, organizations or individuals shall submit dossiers directly or by post to a competent State agency.

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2. Upon receiving a valid dossier, a competent State agency shall issue a written receipt, where a deadline for reply is defined. The receipt shall be made in two copies, one for the applicant 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 dossier finalization shall not be counted in setting the deadline.

Article 44. Transitional provisions 1. Religious organizations having obtained a religious

operation registration certificate from a competent State agency and been recognized under the Government Decree No. 22/2005/ ND-CP of March 1st, 2005 guiding implementation of a number of articles of the Ordinance on Belief and Religion, shall not be required to carry out registration and recognition procedures again under this Decree.

2. Religious associations, orders, monasteries and other collective religious practice institutions having obtained operation registration certificates from competent State agencies under the Government Decree No. 22/2005/ND-CP of March 1st, 2005 guiding implementation of a number of articles of the Ordinance on Belief and Religion, shall not be required to carry out registration procedures again under this Decree.

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Article 45. Effect This Decree takes effect on January 1st, 2013. This Decree replaces the Government Decree No.

22/2005/ND-CP of March 1st, 2005 guiding implementation of a number of articles of the Ordinance on Belief and Religion.

Article 46. Implementation responsibility Ministers, heads of ministerial-level agencies, heads

of agencies attached to the Government, and chairpersons of Province-level people's committees shall be responsible for the implementation of this Decree.

ON BEHALF OF THE GOVERNMENT PRIME MINISTER

(signed) Nguyen Tan Dung

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Table of Contents

Page

- Preface 5

- Order of the State President on Issuance of the Ordinance of the Standing Committee of the National Assembly

7

- Ordinance on Belief and Religion 8

- Decree N0. 92/2012/ND-CP Detailing and providing measures for the implementation of the Ordinance on Belief and Religion

29

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In charge of Publication NGUYEN CONG OANH

Technical & Art editing Do Thi Quynh

Nguyen Duc Vinh

Ngo Thi Xuan Lan

Proofreading Bui Quang Nhuong

Printed-run up 1.000 copies of the size 14x20 cm. Printed at Printing Working of Agricultural Publishing House. Publication License N0: 383-2013/CXB/70 - 32/TG, issued on 16/4/2013. Copyright deposit completed in 2nd quarter 2013.

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