Sach tieng anh 0k (10 5 2013 final)

THE GOVERNMENT COMMITTEE FOR RELIGIOUS AFFAIRS Chief Organizer for Implementation Nguyen Thanh Xuan Nguyen Duc Vinh English Texts by Pham Van Chuong Vietnamese legal documents on belief and religion religion publishing house Ha Noi - 2013 PREFACE 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 22/2005/ND-CP, ensure effective Decree N o 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 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 STATE PRESIDENT THE SOCIALIST REPUBLIC OF VIETNAM N 18/2004/L/CTN Independence - Freedom - Happiness o THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY - th Hanoi, June 29 , 2004 THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness No 21/2004/PL-UBTVQH11 ORDER OF THE STATE PRESIDENT ORDINANCE ON BELIEF AND RELIGION 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, 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 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 GENERAL PROVISIONS Article 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 not follow any belief or religion, as well as citizens who follow different beliefs or religions, shall have to respect each other Article 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 For the purposes of this Ordinance: “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 “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 “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 “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 “Religious activity” means the dissemination and practice of religious dogmas, canon laws, religious rites and organizational administration of religions “Religious association” means a form of grouping believers set up by a religious organization with the purpose of serving religious activities “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 “Believer” means a person who believes in a religion and is recognized by the religious organization “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 10 Article 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 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 allnation unity and meeting the spiritual needs of the people Article 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 The Vietnam Fatherland Front and its memberorganizations, within the scope of their duties and powers, shall have the responsibility to: 11 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 The State agencies shall, within the scope of their duties and powers, be proactive in coordinating with the Vietnam Fatherland Front Committees and its memberorganizations in the persuasion, motivation and implementation of the policies and laws on belief and religion Article No discrimination by reasons of belief or religion, nor infringement upon the right to freedom of belief and religion of citizens, shall be permitted 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 12 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 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 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 13 religious establishment and of ceremonies, village rules and community's conventions Article 11 Dignitaries and clergypersons shall be entitled to perform religious rites within the area of their charge, to preach and disseminate religion at religious establishments The performance of religious rites, preaching and missionary work in cases other than those stipulated in Paragraph 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 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 The competence to approve the organization of a belief ceremony shall be stipulated by the Government 14 Article 13 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 A person who has served the sentence or administrative sanction stipulated in Paragraph 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: Such an activity encroaches upon national security, or seriously affects public order or the environment; Such an activity adversely affects the unity of the people or the fine cultural traditions of the nation; 15 Such an activity encroaches upon the life, health, human dignity, honor, or property of others; or Other serious violations of laws Chapter III RELIGIOUS ORGANIZATIONS AND THEIR ACTIVITIES Article 16 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 The competence to recognize a religious organization: 16 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 The registration of religious activities is stipulated in Section c, Clause 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 A religious organization shall be entitled to establish, divide, separate, consolidate, or merge its dependent units in accordance with its charter and/or statutes 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') The establishment, division, separation, consolidation or merger of religious organizations which is not stipulated in Paragraph of this Article shall be subject to approval by the Prime Minister 17 Article 18 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 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 A conference or congress of a religious organization, in cases not stipulated in Paragraph and Paragraph 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 A religious association shall be entitled to operate after it has been registered by the religious organization with the competent State authority 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 18 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 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 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 19 Article 22 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 of this Article; in foreign-related cases, agreement with the central State governance agency for religious affairs shall also be required in advance 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 The discharge or dismissal of a religious dignitary shall be conducted according to the charter and/or statutes of the religious organization 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 20 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 A religious organization shall be entitled to establish training schools, or refresher courses, for religious workers 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 21 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 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: 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; 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 22 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 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 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 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 Article 17 Dissolution of schools for religious workers 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 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 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 49 ORDAINMENT, CONFERMENT, APPOINTMENT, ELECTION, DESIGNATION, DISCHARGE AND DISMISSAL OF RELIGIOUS DIGNITARIES Article 19 Registration of ordained, conferred, appointed, elected and designated persons 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; 50 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 b/ Ten working days after submission of a valid written registration, for cases specified in Clause 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 For cases not specified in Clause 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 Foreign-related ordainment, conferment, appointment, election and designation shall require written approval by the central State governance agency for religious affairs 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 Deadline for reply: a/ Twenty working days after submission of a valid written registration, for cases specified in Clause 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; 51 Article 20 Foreign-related ordainment, conferment, appointment, election and designation 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 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 52 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 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 21 Notification of discharge or dismissal of religious dignitaries 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 When discharging or dismissing a religious dignitary under its administration, a religious organization shall send a notice to the State agency specified in Clause 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 TRANSFER OF DIGNITARIES AND CLERGYPERSONS Article 22 Notification on transfer of dignitaries and clergypersons to new places of operation A religious organization that transfers a dignitary or clergyperson to a new place of operation shall, within 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 53 Article 23 Registration of transfer of dignitaries and clergypersons to new places of operation 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 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 In case a dignitary or clergyperson has violated religion-related legislation and been given administrative 54 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 of this Article to the province-level people’s committee of the place of destination 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 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 Religious operations outside registered annual programs, which not fall into cases specified in Articles 18 and 25 of the Ordinance on Belief and Religion, shall be treated as follows: Article 25 Religious operations outside registered programs of grassroots religious organizations 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; Chapter IV RELIGIOUS OPERATION Section REGISTRATION OF ANNUAL RELIGIOUS OPERATION PROGRAMS OF GRASSROOTS RELIGIOUS ORGANIZATIONS Article 24 Registration of annual religious operation programs of grassroots religious organizations 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 55 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 districtlevel people’s committee where the event is to be held A grassroots religious organization shall send a written request to a competent State agency specified at Point a or b, Clause of this Article, clearly stating the name of the event, its organizer, prospective attendance, contents, time and venue, and assurance conditions 56 Within 15 working days after receipt of a valid written request, a competent State agency specified at Point a or b, Clause of this Article shall issue a written reply In case of disapproval, the reason shall be clearly stated Section 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 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 working days after admission of those persons 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) 57 Section CONFERENCES AND CONGRESSES OF RELIGIOUS ORGANIZATIONS Article 27 Conferences and congresses of grassroots religious organizations 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 Within 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 A religious organization operating in more than one province or city under central authority that wishes to 58 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) 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 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 provincelevel people’s committee where the event is to be held The dossier shall comprise: 59 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) 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 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 of Article 28, or Clause 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 Within 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 60 A religious organization shall be entitled to operate under its charter or statutes after approval by the competent State agency 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 Section RITUALS, PREACHING AND MISSIONARY WORK BY RELIGIOUS ORGANIZATIONS, DIGNITARIES AND CLERGYPERSONS OUTSIDE RELIGIOUS ESTABLISHMENTS Article 31 Rituals held by religious organizations outside religious establishments 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 When organizing a ritual outside a religious establishment, prospectively attended by believers coming from more than one district, town or provincial city or from 61 Article 32 Preaching and missionary work by dignitaries and clergypersons outside religious establishments 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 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 62 Section Section RELIGIOUS OPERATIONS OF RELIGIOUS DIGNITARIES AND CLERGYPERSONS AT RELIGIOUS ESTABLISHMENTS CLASSIFIED AS HISTORICAL-CULTURAL RELICS OR SCENIC SPOTS RENOVATION, UPGRADING AND CONSTRUCTION OF BELIEF, RELIGIOUS AND AUXILIARY BUILDINGS OF BELIEF AND RELIGIOUS ESTABLISHMENTS Article 33 Operations of religious dignitaries and clergypersons at religious establishments classified as historical-cultural relics or scenic spots 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 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 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 63 Article 34 Renovation, upgrading and construction of belief, religious and auxiliary buildings of belief and religious establishments subject to construction licensing Belief buildings include communal houses, temples, hermitages, shrines, ancestral halls, lineal worship houses, and similar facilities 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 Auxiliary buildings are those not used for worship, including dwelling houses, guesthouses, mess halls, kitchens, enclosure walls, and similar facilities The renovation, upgrading and construction of the buildings specified in Clauses 1, and of this Article and belief and religious buildings classified as historicalcultural 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 64 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 communelevel 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 FUNDRAISING BY BELIEF ESTABLISHMENTS AND RELIGIOUS ORGANIZATIONS Article 36 Fundraising by belief establishments and religious organizations A belief establishment or religious organization wishing to conduct fundraising shall send a notice to a competent State agency specified in Clause of this Article, clearly stating the purpose, scope, mode and time of fundraising, and mechanism for management and use of raised assets 65 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; Within working days for a case specified at Point a, Clause of this Article; working days for a case specified at Point b, Clause of this Article; or working days for a case specified at Point c, Clause of this Article, a competent State agency specified in Clause 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 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 Receipt, management and use of foreign-related donations shall comply with stipulations by the law 66 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 Section INTERNATIONAL RELATIONS OF RELIGIOUS ORGANIZATIONS, BELIEVERS, CLERGYPERSONS AND DIGNITARIES Article 37 Invitation of foreign organizations and individuals to Vietnam 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 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 67 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 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 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 68 Article 39 Preaching by foreign dignitaries and clergypersons in Vietnam 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 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 Foreigners lawfully residing in Vietnam shall be offered conditions to conduct religious activities at religious establishments like Vietnamese believers 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 69 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 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 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 The Ministry of Home Affairs shall assume prime responsibility and coordinate with related ministries and agencies in guiding implementation of this Decree 70 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 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 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 71 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 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 Religious associations, orders, monasteries and other collective religious practice institutions having obtained operation registration certificates from competent State agencies under the Government Decree No 2005 guiding 22/2005/ND-CP of March 1st, 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 72 Article 45 Effect This Decree takes effect on January 1st, 2013 This Decree replaces the Government Decree No 2005 guiding 22/2005/ND-CP of March 1st, 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 Table of Contents Page - Preface - Order of the State President on Issuance of the Ordinance of the Standing Committee of the National Assembly ON BEHALF OF THE GOVERNMENT PRIME MINISTER (signed) Nguyen Tan Dung - Ordinance on Belief and Religion - Decree N0 92/2012/ND-CP Detailing and providing measures for the implementation of the Ordinance on Belief and Religion 73 74 29 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 75 76 77 [...]... under the Government Decree No 20 05 guiding 22/20 05/ ND-CP of March 1st, 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 72 Article 45 Effect This Decree takes effect on January 1st, 2013 This Decree replaces the Government Decree No 20 05 guiding 22/20 05/ ND-CP of March 1st, implementation... 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 55 b/ For a religious event to be... 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 Article 17 Dissolution of schools for religious workers 1 A religious organization wishing to dissolve... disapproval, the reason shall be clearly stated 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: Article 25 Religious operations outside registered programs of grassroots religious organizations a/ For a religious event to be attended by believers beyond one district,... 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... 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 56 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... 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 58 hold a central-level... provisions 1 Religious organizations having obtained a religious operation registration certificate from a competent State agency and been recognized under the Government Decree No 22/20 05/ ND-CP of March 1st, 20 05 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... 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: 34 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... 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