Sach tieng anh 0k (10 5 2013 final)

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

THE GOVERNMENT COMMITTEE FOR

RELIGIOUS AFFAIRS

Vietnamese legal documents

on belief and religion

religion publishing house

Ha Noi - 2013

Chief Organizer for Implementation

Nguyen Thanh Xuan Nguyen Duc Vinh

English Texts by

Pham Van Chuong

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

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”

STATE PRESIDENT

-

No 18/2004/L/CTN

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

Hanoi, June 29 th , 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

THE STANDING COMMITTEE

OF THE NATIONAL ASSEMBLY

-

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, 10thLegislature, 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

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

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

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:

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

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

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

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;

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

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:

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

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

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

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

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

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

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

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

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

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

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

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:

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

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

FOR THE STANDING COMMITTEE

OF THE NATIONAL ASSEMBLY

PRESIDENT

(signed)

Nguyen Van An

THE GOVERNMENT

-

No 92/2012/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

Hanoi, November 8 th , 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

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

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

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

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

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:

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;

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;

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

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;

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

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