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05HANOI580
2005-03-09 10:19:00
UNCLASSIFIED
Embassy Hanoi
Cable title:
TEXT OF THE IMPLEMENTING DECREE FOR VIETNAM'S
how-toThis record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 13 HANOI 000580
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TAGS: PHUM PGOV KJUS KIRF VM HUMANR RELFREE
SUBJECT: TEXT OF THE IMPLEMENTING DECREE FOR VIETNAM'S
ORDINANCE ON RELIGION
Reftel 04 Hanoi 2009
UNCLAS SECTION 01 OF 13 HANOI 000580
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E.O. 12958: N/A
TAGS: PHUM PGOV KJUS KIRF VM HUMANR RELFREE
SUBJECT: TEXT OF THE IMPLEMENTING DECREE FOR VIETNAM'S
ORDINANCE ON RELIGION
Reftel 04 Hanoi 2009
1. Below in paragraph 2 is an unofficial Embassy translation
of the implementing decree for Vietnam's Ordinance on Belief
and Religion (reftel). Although the decree is dated March
1, it was not released to the public until late March 7.
Embassy and ConGen Ho Chi Minh City will report septel our
and our religious contacts' impressions of the implementing
decree.
2. //Begin text//
Hanoi, March 1, 2005
No. 22/2005/ND-CP
Government Decree
Guidance on implementing a number of articles in the
Ordinance on Belief and Religion
The Government
Based on the Law on the Organization of the Government dated
December 25, 2001;
Based the Ordinance on Belief and Religion dated June 18,
2004;
As requested by the Chairman of the Government Committee for
Religious Affairs
Chapter 1
General Provisions
Article 1. Object and scope of regulations
This Decree is to regulate the organization of festivals for
religious beliefs, religious activities by believers,
religious officials and religious organizations and the
responsibilities of state agencies in implementing the
management of belief and religious activities.
Article 2. Citizens' freedom of belief and religion
The State of the Socialist Republic of Vietnam respects and
ensures its citizens' right to freedom of belief and
religion and the right to follow or not follow a religion.
No one is permitted to violate these freedoms.
Acts to force citizens to follow a religion or renounce
their faith, the abuse of the right to freedom of belief and
religion to undermine peace, independence and national
unity; incite violence or to wage war; disseminate
information against prevailing State law and policies; sow
division among the people, ethnic groups and religions;
cause public disorder; do harm to other people's lives,
health, dignity, honor and property; hinder people from
exercising their rights and public obligations; spread
superstitious practices and commit acts to breach the law
are not allowed.
Chapter 2
Religious Festivals
Article 3. Religious Festivals
Religious festivals are a form of organized religious
activity, showing respect, memory and appreciation for those
who have rendered great services to the country and the
community; activities to worship divinities and traditional
symbols as well as other folklore belief activities that
represent fine historical, cultural, moral and social
values.
Article 4. Organization of festivals
1. There must be consent by the People's Committees of
provinces and centrally controlled cities (hereinafter
called the provincial level People's Committees) for the
organization of the following religious festivals in their
localities:
a) Religious festivals to be organized for the first time;
b) Religious festivals to be resumed after many years of
interruption;
c) Religious festivals that are organized periodically but
with the content, time or venue changed.
2. For the organization of those religious festivals which
are not regulated by Item 1 of this Article, the organizer
shall have the responsibility to notify the People's
Committees of communes, wards or towns (hereinafter called
People's Committees at the commune level) in writing about
the time, venue, content and the names of the festival
organizing board members 15 days in advance. In the event
that natural disaster, epidemic, security issues, public
disorder or that the organization of the festival might have
a negative impact on the social life of the localities, the
commune level People's Committees shall consider, make a
decision and promptly notify the festival organizing board.
Article 5. Process, procedures, deadline for consent
1. For the organization of those religious festivals
regulated under Item 1 of this article, the organizer shall
have the responsibility to send in application forms to the
provincial level People's Committees 30 days in advance
2. The application packet includes:
a) A proposal concerning the festival organization, which
clearly states the festival's historical origin, size, time,
venue, plan, program and content;
b) The names of the festival's organizing board members.
3. Within 10 days of the receipt of a complete application,
the provincial level People's Committee shall have the
responsibility to consider and make a decision; in case of
disapproval, the response must be in writing with clearly
stated reasons.
Chapter 3
Religious organizations
Section 1
Registering activities and recognition of religious
organizations
Article 6. Registration of religious activities
1. For religious activities, the organization shall have the
responsibility to submit its application to the competent
state agency as regulated under item 3 of this article.
2. The application packet includes:
a) A registration form stating clearly the organization's
name, origin, development process in Vietnam, principles,
goals, scope of activities, number of believers at the time
of registration, possible venue for office and place of
worship;
b) A summary of religious tenets;
c) A list of possible heads of the organization who must be
Vietnamese citizens and who have sufficient capacity of
civil status and prestige in the organization.
3. Registration authority
a) The Government Committee for Religious Affairs grants
licenses for an organization to operate in multiple
provinces and centrally run cities;
b) Provincial level committees for religious affairs grant
licenses for an organization operating in a single province
and centrally run city.
4. Deadline for response:
a) Within 60 days of the receipt of a complete application,
the Government Committee for Religious Affairs shall have
the responsibility to grant a license for the organization;
in case of refusal to grant the license, a response must be
in writing with clearly stated reasons.
b) Within 45 days of the receipt of a complete application,
the provincial level committee for religious affairs shall
have the responsibility to grant a license for the
organization; in case of refusal to grant the license, a
response must be in writing with clearly stated reasons.
Article 7. Religious operations of an organization after a
license is granted
1. Organizations that have already registered their
religious operation are entitled to:
a) Organize religious services, conduct ceremonies, carry
out missionary work and preach at registered religious
establishments;
b) Elect the organization's heads and open classes to
refresh knowledge of religious tenets;
c) Repair, renovate and upgrade facilities belonging to the
belief and religious establishments;
d) Conduct charitable and humanitarian activities
2. While conducting religious activities regulated by Item 1
of this article, the organization shall obey the regulations
of this decree and other related legal documents.
Article 8. Recognition of religious organizations
1. Registered organizations shall submit their applications
to the competent state agency as regulated under Item 2,
Article 16, of the Ordinance on Belief and Religion.
2. The application packet includes:
a) A proposal for the recognition of the religious
organization which clearly states the organization's name,
number of believers, scope of activities at the time of the
proposal, main venue of the organization;
b) The organization's tenets and canons;
c) The organization's charter and regulations;
d) The organization's registration for religious operation
issued by the competent state agency;
e) Certification of stable religious operation by the
provincial level committee for religious affairs where the
organization's main venue is located. The time of stable
religious operation is counted from the date of the
organization's registration for operation, and is stipulated
as follows:
20 years for organizations present in Vietnam after the
effective date of the Ordinance on Belief and Religion.
One year for organizations present in Vietnam up to 20 years
before the effective date of the Ordinance on Belief and
Religion.
For those organizations present in Vietnam for less than 20
years by the effective date of the Ordinance on Belief and
Religion, the stable time for religious operation includes
the time from the organization's formation to the effective
date of the Ordinance on Belief and Religion, as well as the
time between the organization's registration and the
achievement of 20 years of stable activity.
3. Deadline for response
a) Within 90 days of the receipt of the legitimate
application papers, the Prime Minister shall consider for a
decision to recognize the organization as stipulated under
Point a, Item 2, Article 16, Ordinance on Belief and
Religion; in case of refusal to recognize, the response must
be in writing with clearly stated reasons.
b) Within 60 days, from the receipt date of the legitimate
application papers, the chairman of the provincial level
people's committee shall consider a decision to recognize
the organization as stipulated under Point b, Item 2,
Article 16, Ordinance on Belief and Religion; in case of
refusal to recognize, the response must be in writing with
clearly stated reasons.
Section 2
Establishing, splitting and merging subordinate
organizations
Article 9. Conditions for establishing, splitting and
merging subordinate organizations
1. The establishment of subordinate organizations must meet
the following conditions:
a) The organization to be established must be in the system
of religious organizations accepted by the State;
b) The number of believers in the locality meets the
conditions stipulated under the religious organization's
charter and regulations.
2. Splitting subordinate organizations must meet the
following conditions:
a) There is the religious organization's request to split;
b) The number of believers of the subordinate organizations
is large and the area is a difficult one in which to manage
and organize religious activities;
c) After the organization is split, it still belongs to the
organizational system as regulated in the charter and
regulations accepted by the State.
3. Merging subordinate organizations must meet the following
conditions:
a) There is the religious organization's request to merge;
b) After the organization is merged, it still belongs to the
organizational system as regulated in the charter and
regulations accepted by the State.
Article 10. Process, procedures on establishing, splitting,
merging subordinate organizations
1. Request from the religious organization is needed for
establishing, splitting or merging subordinate
organizations.
2. Request for establishing, splitting and merging
subordinate organizations must state clearly the following
contents:
a) Name of the subordinate organization to be established;
name of the subordinate organization before it is split or
merged and possible name of the subordinate organization
after it is split or merged;
b) Reasons for establishing, splitting or merging:
c) Number of current believers and number of believers
before and after it is split or merged;
d) Scope of religious activities;
e) Facilities, the organization's headquarters
3. Deadline for response.
a) Within 60 days from the receipt of a complete and
accurate application packet, the Prime Minister shall
consider, decide and respond to the religious organization
as stipulated by Item 3, Article 17, Ordinance on Belief and
Religion;
b) Within 45 days from the receipt date of a complete and
accurate application packet, the provincial People's
Committee shall consider, decide and respond to the
religious organization as stipulated by Item 2, Article 17,
Ordinance on Belief and Religion;
Section 3
Registration of religious congregations, orders, monasteries
and similar forms of collective religious practice
Article 11. Registration of religious congregations
1. Congregations established by religious organizations
purely for the purpose of religious rites shall not have to
register their activities with the competent State agency.
2. Religious congregations that do not fall in the category
specified in Item 1 of this Article shall have their
activities registered with the competent State agency as
stipulated by Item 2, Article 19 of the Ordinance on Belief
and Religion.
3. Application packet includes:
a) Registration form that includes name of the religious
organization to which the congregation belongs, name of the
congregation and names of the individuals responsible for
activities conducted by the congregation;
b) List of persons involving in leading the congregation;
c) Regulations on the activities of the congregation that
provide specifications of goals, organizational structure
and management system.
4. Forty five days after turning in a complete and accurate
application packet, and if the competent State agency does
not have any other opinions, the congregations are allowed
to operate according to the registered plan.
Article 12. Registration of religious orders, monasteries
and other forms of collective religious practice
1. The head of a religious order, monastery [or] another
form of collective religious practice shall have the
responsibility to send a packet to a competent state agency
specified at Item 2 of Article 19 of the Ordinance on Belief
and Religion.
2. The packet includes:
a) An application for registration that specifies the name
of the religious order, monastery [or] the other form of
collective religious practice, head office or work address,
the name of the head of the religious order, monastery [or]
the other form of collective religious practice;
b) List of religious officials;
c) Operation rules, regulations or charter, specific guiding
principles, operation purposes, organization and management
structure, material conditions, social activities, [and]
international activities (if any) of the religious order,
monastery [or] the other form of collective religious
practice.
3. Within 60 days from the date of receipt of a complete and
accurate packet, the competent state agency specified in
Item 2, Article 19 of the Ordinance on Belief and Religion
shall have the responsibility to issue a registration
certificate to the religious order, monastery [or] the other
form of collective religious practice, [or] in case where it
refuses [issuing a registration certificate], reply in
writing specify reason(s) for such refusal.
Section 4
The establishment and dissolution of schools and the opening
of classes to train religious officials
Article 13. Establishment of schools to train religious
officials.
1. Religious organizations wishing to establish schools to
train religious officials shall forward the application
packet to the Prime Minister.
2. The packet includes:
a) Application for the establishment of the school;
b) Project for the establishment of the school, which
provides the following clarifications: name of the religious
group wishing to establish the school; tentative name of the
school; tentative venue for the school as part of the to be
attached file on property; financing guaranty; facilities;
goals, functions, tasks, size, curriculum, draft operations
regulations, draft enrollment regulations, number of
potential students, potential leadership of the school
(personal files should be attached),and potential
lecturers.
c) Comments in writing from the provincial People's
Committee.
3. The subjects of Vietnamese history and laws are among the
major subjects in the curriculum. The Ministry of Education
and Training provides specific stipulations concerning
teachers of those subjects and contents of the subjects.
4. Within 60 days from the receipt of a complete and
accurate packet, the Prime Minister considers, makes
decisions and responds to the religious organization.
Article 14. Dissolving schools to train religious
officials.
1. Religious organizations wishing to dissolve their schools
to train religious officials shall forward to the Prime
Minister documents that provide clarification on the reasons
for the dissolution and a plan to do so.
2. Property and assets belonging to the school shall be
dealt with according to current legal provisions.
Article 15. Opening of classes to train religious officials
1. Religious organizations wishing to open classes to train
religious officials shall forward application packets to the
Chairman of the People's Committee of the province where the
class is opened. The packet shall include class name,
venue, demand, length, contents, curriculum, potential
attendees and teachers.
2. Within 30 days from the receipt of a complete and
accurate packet, the Chairman of the provincial People's
Committee considers, makes decisions and responds to the
religious organization.
Section 5
Bestowal of religious titles, appointment, election,
nomination, and discharge of religious officials
Article 16. Registration on the bestowal of religious
titles, appointment, election, and nomination of religious
officials
1. Religious organizations have the responsibility to
register the bestowal of religious titles and the
appointment, election and nomination of religious officials
with the Government Committee for Religious Affairs.
Registration include memberships to the Buddhist Sangha
Council and Executive Council and the bestowal of titles of
Most Venerable, Venerable, Superior Nun and Senior Nun;
memberships to the Catholic Church's Episcopal Council
Standing Board as well as Heads of Episcopal Council
subordinate Committees, and the bestowal of the title of
Cardinal and the appointment of archbishops, coadjutor
archbishops, bishops, coadjutor bishops, auxiliary bishops,
administrators, heads of the Catholic orders; memberships to
the central Management Board of the Protestant Church;
memberships to the Cao Dai Holy See's Management Council,
Church Council, and Executive Council, archbishops and the
equivalent titles; memberships to the Hoa Hao Buddhism's
Central Management Council; heads of schools to train
religious officials; and those who hold equivalent positions
of the other religious organizations.
2. Religious organizations have the responsibility to
register with the provincial People's Committee the bestowal
of religious titles and the appointment, election, and
nomination of religious officials that do not fall in
category stipulated at item 1 of this Article.
3. Application packet includes:
a) Registration form that includes name, title,
responsibility and domain of the religious officials.
b) Curriculum vitas of the religious officials with
certification of the People's Committee of the commune where
the religious officials reside.
c) Working background of the religious officials.
4. In cases in which a foreign element is involved, the
bestowal of religious titles and the appointment, election
and nomination of religious officials must obtain agreement
in advance from the Government Committee on Religion.
5. Deadlines:
a) After 45 days from turning in a complete and accurate
application packet, and the Government Committee for
Religious Affairs does not have any other opinions, the
religious officials are allowed to conduct their activities
under the registered titles.
b) After 30 days from turning in a complete and accurate
application packet, and the provincial People's Committee
does not have any other opinions, the religious officials
are allowed to conduct their activities under the registered
titles.
Article 17. Notification on dismissal of religious
officials.
Religious organizations have the responsibility to notify
the competent State management agency mentioned in Items 1 &
2 of Article 16 of this Decree the dismissal of religious
officials.
Article 18. Notification of the transfer of religious
officials.
1. The transfer of religious officials shall be reported to
the People's Committee of the district/town/provincially run
cities from which the religious officials are transferred at
least seven days before a decision on the transfer is made.
2. Such notification includes the names, titles, positions
of the religious officials, reasons for the transfer and the
locality to which the religious officials are transferred.
Article 19. Registering the transfer of religious
officials.
1. Religious organizations have the responsibility to
register the transfer of religious officials with the
People's Committee of the district/town/provincially run
cities to which the religious officials are transferred.
2. Registration packet includes:
a) Registration form that contains information on names,
titles, positions of the religious officials, reasons for
the transfer and the locality to which the religious
officials are transferred.
b) Decision on the transfer.
c) Curriculum vitaes of the religious officials with
certification of the People's Committee of the commune where
the religious officials reside.
3. After 30 days from turning in a complete and accurate
application packet, and the People's Committee at the
district level does not have any other opinions, the
religious officials are allowed to conduct their religious
activities at the registered place.
4. The registration packet concerning the transfer of
religious officials who have been administratively punished
by decisions of the Chairman of the provincial People's
Committee, or those who have been dealt with for their
violations to Criminal Law, shall have to address the
Chairman of the People's Committee of the province to which
the religious officials are transferred. Pending approval
from the People's Committee of the province to which the
religious officials are transferred, the religious officials
are not allowed to conduct their religious activities at the
registered place.
Chapter 5
Religious Activities
Article 20. Registration of the annual plan of religious
activities of the local religious organizations.
1. Annually, before October 15, the person in charge of the
local religious organization must forward a registration
form concerning the religious activities to be conducted in
the following year to the People's Committee at the commune
level.
2. The registration form includes information on the
organizers, the hosts, timing and venues for the activities.
3. After 30 days from turning in a complete and accurate
registration form, and the People's Committee at the commune
level does not have any other opinions, the local religious
organization is allowed to conduct their registered
activities.
Article 21. Religious activities beyond those mentioned in
the annual plan of religious activities of the local
religious organizations.
1. Religious activities beyond those mentioned in Articles
18 and 25 of the Ordinance on Belief and Religion shall have
to follow the following stipulations:
a) Religious activities with the participation of believers
from several districts, precincts, towns and cities within
one province, or from several provinces and centrally run
cities, must be approved by the People's Committee of the
province where the activity takes place.
b) Religious activities with the participation of believers
from one single district, precinct, town and city must be
approved by the People's Committee of the district where the
activity takes place.
2. Local religious organizations have the responsibility to
send an application packet that includes information on
organizers, the hosts, timing and venues for the activities.
3. Within 15 days from the receipt of a complete and
accurate form, the competent State management agency
stipulated in points a & b of Item 1 of this Article has the
responsibility to respond in writing, and state the reasons
for not approving (if any).
Section 2
Registration of persons who lead a religious life
Article 22. Registration of persons who want to lead a
religious life
1. Within seven days from the admission of individuals into
places of religious worship in order for them to lead a
religious life, persons in charge of the places of religious
worship have the responsibility to register such admittance
with the People's Committee of the commune where the place
of religious worship is located.
2. Registration packet includes:
a) List of the persons who get admitted into places of
religious worship in order for them to lead a religious
life.
b) Curriculum vitaes of the persons admitted into places of
religious worship in order for them to lead a religious life
with the certification of the People's Committee of the
commune where the place of religious worship is located.
c) Approval from parents or guardians for adolescents who
want to lead a religious life.
Section 3
Conferences and Congresses of Religious Organizations
Article 23. Conferences or congresses of local religious
organizations.
1. Local religious organizations wishing to convene their
annual conferences or congresses shall forward an
application packet to the People's Committee of the district
where the conferences/congresses take place.
2. The application packet includes:
a) Application form which provide clarifications on reasons
to conduct the conferences/congresses, possible attendees,
number of participants, program, timing and venue.
b) Report on the activities of the local religious
organization.
3. Within 10 days from the receipt of a complete and
accurate application form, the People's Committee at the
district level has the responsibility to respond in writing
and state the reasons for not approving (if any).
Article 24. Conferences and congresses of religious
organizations at the national level
1. Religious organizations wishing to convene conferences
and congresses at the national level shall send the
application packet to the Government Committee for Religious
Affairs.
2. The application packet includes:
a) Application form which provide clarifications on reasons
to conduct the conferences/congresses, possible attendees,
number of participants, program, timing and venue.
b) Comments in writing of the People's Committee of the
province where the event takes place.
c) Report on the activities of the local religious
organization.
d) Chapters or Regulations or revised Chapters or
Regulations (if any.)
3. Within 30 days from the receipt of a complete and
accurate form, the Government Committee for Religious
Affairs has the responsibility to respond in writing, and
state the reasons for not approving (if any).
Article 25. Conferences and congresses of religious
organizations not included in Articles 24 & 25 of this
Decree
1. Application packets concerning conferences and congresses
of religious organizations not included in Articles 24 & 25
of this Decree shall be forwarded to the People's Committee
of the province where the event takes place.
2. The application packet includes:
a) Application form that provide clarifications on reasons
to conduct the conferences/congresses, possible attendees,
number of participants, program, timing and venue, and
others.
b) Report on activities of the local religious organization.
3. Within 30 days from the receipt of a complete and
accurate form, the provincial People's Committee has the
responsibility to respond in writing, and state the reasons
for not approving (if any).
Section 4
Religious ritual festivities taking place beyond the
enclosure of a religious establishment
Article 26. Religious ritual festivities taking place
beyond the enclosure of a religious establishment
1. A religious organization that organizes religious ritual
festivities beyond the enclosure of the religious
establishment shall have the responsibility to send a
written request to the competent state agency specified at
Article 25 of the Ordinance on Belief and Religion.
2. The written request shall specify the title(s) of the
religious ritual festivity(ies),the organizer(s),contents,
program, time, location, scale, [and] participants of the of
the religious ritual festivity(ies).
3. Within 15 days from the date of receipt of a complete and
accurate application packet, the People's Committee of the
district shall have the responsibility to reply in writing
[the application packet for] the religious ritual
festivity(ies) specified in Item 1 of Article 25 of the
Ordinance on Belief and Religion, [and] in case where it
rejects [the application] specify reason(s) for such
rejection.
4. Within 30 days from the date of receipt of a complete and
accurate application packet, the People's Committee of the
province shall have the responsibility to reply in writing
[the application packet for] the religious ritual
festivity(ies) specified at Item 2, Article 25 of the
Ordinance on Belief and Religion, [and] in case where it
rejects [the application] specify reason(s) for such
rejection.
Section 5
Preaching of a religious official beyond the enclosure of a
religious establishment
Article 27. Preaching of religious official beyond the
enclosure of a religious establishment
1. A religious official that preaches beyond the enclosure
of a religious establishment shall have the responsibility
to send a packet to the People's Committee of the district
where the preaching shall be conducted.
2. The packet shall include:
a) A written request that specifies the reason(s) for
preaching beyond the enclosure of the religious
establishment, contents, program, time, location,
organizer(s),[and] participants [at the preaching];
b) A written expression of opinion of the affiliated
religious organization or the religious organization that is
directly in charge of the religious official;
3. Within 30 days from the date of receipt of a complete and
accurate application packet, the People's Committee of the
district shall have the responsibility to reply in writing,
[and] in case where it rejects [the application] specify
reason(s) for such rejection.
Section 6
Renovation, upgrades, [and] new construction of religious
facilities
Article 28. Renovation, [and] upgrades of religious
facilities not requiring construction permits
When the repair [and/or] renovation of a religious facility
does not alter the architecture, load-bearing structure and
safety of the facility, it is not required to apply for a
construction permit, but before doing such repair [and/or]
renovation, the person in charge of that religious
establishment must send a written notification to the
People's Committee of the local commune.
Article 29. Renovation, [and] upgrades of religious
facilities requiring construction permits
1. For doing the repair [and/or] renovation of a religious
facility that does not fall within Article 28 of this
Decree, or constructing a new religious facility, the person
in charge of that religious establishment shall have to send
a construction-permit-application packet to the People's
Committee of the province.
2. The packet shall include:
a) An application letter for a construction permit;
b) A drawing of the construction design;
c) Documents on land-use rights as required by the
legislation on land use;
d) Approval in writing of the provincial-level state
management authority for religious affairs.
3. Within 20 days from the date of receipt of a complete and
accurate application packet, the People's Committee of the
province shall have the responsibility to issue the
construction permit to the religious establishment.
Section 7
Collections organized by [those that run] worship places
[and/or] religious organizations
Article 30. Collections organized by [those that run]
worship places [and/or] religious organizations
1. [Those that run] worship place(s) [and/or] religious
organization(s) shall have the responsibility to send a
written notification of their [planned] organization of a
collection to a competent state agency specified in Item 3
of this Article 15 days in advance.
2. The written notification shall specify the purpose(s),
scale, mode [and] time of the collection, [and] the
mechanism for managing and ways for using the collected
assets.
3. State agencies to receive notifications of collections of
[those that run] worship place(s) [and/or] religious
organization(s):
a) If a collection is to be organized within the area of a
commune, the notification shall be sent to the People's
Committee of the commune where the collection shall be
organized;
b) If a collection is to be organized beyond the area of a
commune but within the area of a district, the notification
shall be sent to the People's Committee of the district
where the collection shall be organized;
c) If a collection is to be organized beyond the area of a
district, the notification shall be sent to the People's
Committee of the province where the collection shall be
organized.
4. State agencies that are notified by [those that run]
worship place(s) [and/or] religious organization(s) of their
organization of collection shall have the responsibility to
supervise the implementation in accordance with the notified
contents.
5. [Those that run] worship place(s) [and/or] religious
organization(s) that organize a collection must ensure the
publicity and transparency of the collected amounts,
including their distribution, [and] must not abuse the name
of the worship place(s) [and/or] religious organization(s)
to make collection for their personal interests or illegal
purposes.
Section 8
International activities of religious organizations,
believers and religious officials
Article 31. Inviting foreign organization(s) [and/or]
individuals to Vietnam
1. A religious organization, believer, or religious official
that invites foreign organization(s) [and/or] individuals to
Vietnam for carrying out religion-related international
cooperation activities shall have the responsibility to send
an application packet to the Government Committee for
Religious Affairs.
2. The packet shall include:
a) A written request that specifies the reason(s) for the
invitation, contents of cooperation activities, tentative
program, time and location for organizing [the activities];
b) A brief introduction of major activities of the foreign
organization(s) [and/or] individuals.
3. Within 30 days from the date of receipt of a complete and
accurate packet, the Government Committee for Religious
Affairs shall have the responsibility to reply in writing,
[and] in case where it rejects [the packet], specify
reason(s) for such rejection.
Article 32. Participation in religious activities in
foreign countries
1. A religious organization that participates in religious
activities in a foreign country shall have the
responsibility to send an application packet to the
Government Committee for Religious Affairs.
2. The packet shall include:
a) A written request that specifies the reason(s),
purpose(s),program, time, [and] location of the religious
activities to take place in the foreign country that the
Vietnamese religious organization [and/or] individual(s) are
invited to participate;
b) An invitation to participate in the activities in the
foreign country.
3. Within 30 days from the date of receipt of a complete and
accurate packet, the Government Committee for Religious
Affairs shall have the responsibility to reply in writing,
[and] in case where it rejects [the packet], specify
reason(s) for such rejection.
Article 33. Participation in religious training courses in
foreign countries
1. A religious official that participates in a religious
training course in a foreign country shall have the
responsibility to send an application packet to the
Government Committee for Religious Affairs.
2. The packet shall include:
a) A written request for participating in the training
course, specifying the reason(s),purpose(s),contents,
program [and] time of the training;
b) A letter of acceptance for training by the foreign
religious organization [or] individual [that conducts the
training];
c) A letter of approval by the religious organization that
is directly in charge [of the religious official].
3. Within 45 days from the date of receipt of a complete and
accurate packet, the Government Committee for Religious
Affairs shall have the responsibility to reply in writing,
[and] in case where it rejects [the packet], specify
reason(s) for such rejection.
Article 34. Exit [from Vietnam] of religious officials who
do not fall within the cases provided in Article 32 and
Article 33 of this Decree
Religious officials who exit [from Vietnam] in cases that
are not provide for in Article 32 and Article 33 of this
Decree shall follow the legislation on entry-exit
procedures.
Article 35. Preaching of foreign religious officials in
Vietnam
1. A religious organization that invites a foreign religious
official to preach at a religious establishment in Vietnam
shall have the responsibility to send a written request to
the Government Committee for Religious Affairs, specifying
the name of the foreign religious official, nationality,
name of the foreign religious organization, program, time,
location, organizer(s),[and] participants [in the
preaching].
2. Within 30 days from the date of receipt of the written
request, the Government Committee for Religious Affairs
shall have the responsibility to reply in writing, [and] in
case where it rejects [the application packet], specify
reason(s) for such rejection.
Chapter V
Implementation Provisions
Article 36. Responsibility of state management agencies for
religious affairs
1. The Government Committee for Religious Affairs and local
state management agencies for religious affairs shall
exercise their functions, duties, [and] authority of state
management for religious affairs as provided by the law.
2. In the implementation of the Ordinance on Belief and
Religion and this Decree, the Government Committee for
Religious Affairs shall have the responsibility to receive
application packets, take the lead and coordinate with
relevant Ministries and agencies in appraising [the
applications], submit [the applications] to the Prime
Minister and with authority delegated by the Prime Minister
give replies to religious organizations. For cases that
fall within the authority of People's Committees, state
management agencies for religious affairs at the
corresponding levels shall have the responsibility to
receive application packets, coordinate with relevant
agencies in appraising [the application packets], submit
[the application packets] to the People's Committees and
give replies to religious organizations.
Article 37. Implementation effect
This Decree takes effect 15 days from the date of its
publication on the Official Gazette.
Previous regulations that are contrary to this Decree are
hereby repealed.
Article 38. Responsibility for implementation
1. Religious organizations, believers, officials and
relevant organizations and individuals are responsible for
the implementation of this Decree and other relevant legal
regulations.
2. Ministers, Heads of Ministry-level Agencies, Heads of
Agencies under the Government, Chairmen of People's
Committees of provinces and central-level cities are
responsible for the implementation of this Decree within
their respective functions, duties, [and] authority.
FOR THE GOVERNMENT
THE PRIME MINISTER
(Signed & stamped)
Phan Van Khai
//End text//
MARINE
SIPDIS
STATE FOR EAP/BCLTV AND DRL/IRF
E.O. 12958: N/A
TAGS: PHUM PGOV KJUS KIRF VM HUMANR RELFREE
SUBJECT: TEXT OF THE IMPLEMENTING DECREE FOR VIETNAM'S
ORDINANCE ON RELIGION
Reftel 04 Hanoi 2009
1. Below in paragraph 2 is an unofficial Embassy translation
of the implementing decree for Vietnam's Ordinance on Belief
and Religion (reftel). Although the decree is dated March
1, it was not released to the public until late March 7.
Embassy and ConGen Ho Chi Minh City will report septel our
and our religious contacts' impressions of the implementing
decree.
2. //Begin text//
Hanoi, March 1, 2005
No. 22/2005/ND-CP
Government Decree
Guidance on implementing a number of articles in the
Ordinance on Belief and Religion
The Government
Based on the Law on the Organization of the Government dated
December 25, 2001;
Based the Ordinance on Belief and Religion dated June 18,
2004;
As requested by the Chairman of the Government Committee for
Religious Affairs
Chapter 1
General Provisions
Article 1. Object and scope of regulations
This Decree is to regulate the organization of festivals for
religious beliefs, religious activities by believers,
religious officials and religious organizations and the
responsibilities of state agencies in implementing the
management of belief and religious activities.
Article 2. Citizens' freedom of belief and religion
The State of the Socialist Republic of Vietnam respects and
ensures its citizens' right to freedom of belief and
religion and the right to follow or not follow a religion.
No one is permitted to violate these freedoms.
Acts to force citizens to follow a religion or renounce
their faith, the abuse of the right to freedom of belief and
religion to undermine peace, independence and national
unity; incite violence or to wage war; disseminate
information against prevailing State law and policies; sow
division among the people, ethnic groups and religions;
cause public disorder; do harm to other people's lives,
health, dignity, honor and property; hinder people from
exercising their rights and public obligations; spread
superstitious practices and commit acts to breach the law
are not allowed.
Chapter 2
Religious Festivals
Article 3. Religious Festivals
Religious festivals are a form of organized religious
activity, showing respect, memory and appreciation for those
who have rendered great services to the country and the
community; activities to worship divinities and traditional
symbols as well as other folklore belief activities that
represent fine historical, cultural, moral and social
values.
Article 4. Organization of festivals
1. There must be consent by the People's Committees of
provinces and centrally controlled cities (hereinafter
called the provincial level People's Committees) for the
organization of the following religious festivals in their
localities:
a) Religious festivals to be organized for the first time;
b) Religious festivals to be resumed after many years of
interruption;
c) Religious festivals that are organized periodically but
with the content, time or venue changed.
2. For the organization of those religious festivals which
are not regulated by Item 1 of this Article, the organizer
shall have the responsibility to notify the People's
Committees of communes, wards or towns (hereinafter called
People's Committees at the commune level) in writing about
the time, venue, content and the names of the festival
organizing board members 15 days in advance. In the event
that natural disaster, epidemic, security issues, public
disorder or that the organization of the festival might have
a negative impact on the social life of the localities, the
commune level People's Committees shall consider, make a
decision and promptly notify the festival organizing board.
Article 5. Process, procedures, deadline for consent
1. For the organization of those religious festivals
regulated under Item 1 of this article, the organizer shall
have the responsibility to send in application forms to the
provincial level People's Committees 30 days in advance
2. The application packet includes:
a) A proposal concerning the festival organization, which
clearly states the festival's historical origin, size, time,
venue, plan, program and content;
b) The names of the festival's organizing board members.
3. Within 10 days of the receipt of a complete application,
the provincial level People's Committee shall have the
responsibility to consider and make a decision; in case of
disapproval, the response must be in writing with clearly
stated reasons.
Chapter 3
Religious organizations
Section 1
Registering activities and recognition of religious
organizations
Article 6. Registration of religious activities
1. For religious activities, the organization shall have the
responsibility to submit its application to the competent
state agency as regulated under item 3 of this article.
2. The application packet includes:
a) A registration form stating clearly the organization's
name, origin, development process in Vietnam, principles,
goals, scope of activities, number of believers at the time
of registration, possible venue for office and place of
worship;
b) A summary of religious tenets;
c) A list of possible heads of the organization who must be
Vietnamese citizens and who have sufficient capacity of
civil status and prestige in the organization.
3. Registration authority
a) The Government Committee for Religious Affairs grants
licenses for an organization to operate in multiple
provinces and centrally run cities;
b) Provincial level committees for religious affairs grant
licenses for an organization operating in a single province
and centrally run city.
4. Deadline for response:
a) Within 60 days of the receipt of a complete application,
the Government Committee for Religious Affairs shall have
the responsibility to grant a license for the organization;
in case of refusal to grant the license, a response must be
in writing with clearly stated reasons.
b) Within 45 days of the receipt of a complete application,
the provincial level committee for religious affairs shall
have the responsibility to grant a license for the
organization; in case of refusal to grant the license, a
response must be in writing with clearly stated reasons.
Article 7. Religious operations of an organization after a
license is granted
1. Organizations that have already registered their
religious operation are entitled to:
a) Organize religious services, conduct ceremonies, carry
out missionary work and preach at registered religious
establishments;
b) Elect the organization's heads and open classes to
refresh knowledge of religious tenets;
c) Repair, renovate and upgrade facilities belonging to the
belief and religious establishments;
d) Conduct charitable and humanitarian activities
2. While conducting religious activities regulated by Item 1
of this article, the organization shall obey the regulations
of this decree and other related legal documents.
Article 8. Recognition of religious organizations
1. Registered organizations shall submit their applications
to the competent state agency as regulated under Item 2,
Article 16, of the Ordinance on Belief and Religion.
2. The application packet includes:
a) A proposal for the recognition of the religious
organization which clearly states the organization's name,
number of believers, scope of activities at the time of the
proposal, main venue of the organization;
b) The organization's tenets and canons;
c) The organization's charter and regulations;
d) The organization's registration for religious operation
issued by the competent state agency;
e) Certification of stable religious operation by the
provincial level committee for religious affairs where the
organization's main venue is located. The time of stable
religious operation is counted from the date of the
organization's registration for operation, and is stipulated
as follows:
20 years for organizations present in Vietnam after the
effective date of the Ordinance on Belief and Religion.
One year for organizations present in Vietnam up to 20 years
before the effective date of the Ordinance on Belief and
Religion.
For those organizations present in Vietnam for less than 20
years by the effective date of the Ordinance on Belief and
Religion, the stable time for religious operation includes
the time from the organization's formation to the effective
date of the Ordinance on Belief and Religion, as well as the
time between the organization's registration and the
achievement of 20 years of stable activity.
3. Deadline for response
a) Within 90 days of the receipt of the legitimate
application papers, the Prime Minister shall consider for a
decision to recognize the organization as stipulated under
Point a, Item 2, Article 16, Ordinance on Belief and
Religion; in case of refusal to recognize, the response must
be in writing with clearly stated reasons.
b) Within 60 days, from the receipt date of the legitimate
application papers, the chairman of the provincial level
people's committee shall consider a decision to recognize
the organization as stipulated under Point b, Item 2,
Article 16, Ordinance on Belief and Religion; in case of
refusal to recognize, the response must be in writing with
clearly stated reasons.
Section 2
Establishing, splitting and merging subordinate
organizations
Article 9. Conditions for establishing, splitting and
merging subordinate organizations
1. The establishment of subordinate organizations must meet
the following conditions:
a) The organization to be established must be in the system
of religious organizations accepted by the State;
b) The number of believers in the locality meets the
conditions stipulated under the religious organization's
charter and regulations.
2. Splitting subordinate organizations must meet the
following conditions:
a) There is the religious organization's request to split;
b) The number of believers of the subordinate organizations
is large and the area is a difficult one in which to manage
and organize religious activities;
c) After the organization is split, it still belongs to the
organizational system as regulated in the charter and
regulations accepted by the State.
3. Merging subordinate organizations must meet the following
conditions:
a) There is the religious organization's request to merge;
b) After the organization is merged, it still belongs to the
organizational system as regulated in the charter and
regulations accepted by the State.
Article 10. Process, procedures on establishing, splitting,
merging subordinate organizations
1. Request from the religious organization is needed for
establishing, splitting or merging subordinate
organizations.
2. Request for establishing, splitting and merging
subordinate organizations must state clearly the following
contents:
a) Name of the subordinate organization to be established;
name of the subordinate organization before it is split or
merged and possible name of the subordinate organization
after it is split or merged;
b) Reasons for establishing, splitting or merging:
c) Number of current believers and number of believers
before and after it is split or merged;
d) Scope of religious activities;
e) Facilities, the organization's headquarters
3. Deadline for response.
a) Within 60 days from the receipt of a complete and
accurate application packet, the Prime Minister shall
consider, decide and respond to the religious organization
as stipulated by Item 3, Article 17, Ordinance on Belief and
Religion;
b) Within 45 days from the receipt date of a complete and
accurate application packet, the provincial People's
Committee shall consider, decide and respond to the
religious organization as stipulated by Item 2, Article 17,
Ordinance on Belief and Religion;
Section 3
Registration of religious congregations, orders, monasteries
and similar forms of collective religious practice
Article 11. Registration of religious congregations
1. Congregations established by religious organizations
purely for the purpose of religious rites shall not have to
register their activities with the competent State agency.
2. Religious congregations that do not fall in the category
specified in Item 1 of this Article shall have their
activities registered with the competent State agency as
stipulated by Item 2, Article 19 of the Ordinance on Belief
and Religion.
3. Application packet includes:
a) Registration form that includes name of the religious
organization to which the congregation belongs, name of the
congregation and names of the individuals responsible for
activities conducted by the congregation;
b) List of persons involving in leading the congregation;
c) Regulations on the activities of the congregation that
provide specifications of goals, organizational structure
and management system.
4. Forty five days after turning in a complete and accurate
application packet, and if the competent State agency does
not have any other opinions, the congregations are allowed
to operate according to the registered plan.
Article 12. Registration of religious orders, monasteries
and other forms of collective religious practice
1. The head of a religious order, monastery [or] another
form of collective religious practice shall have the
responsibility to send a packet to a competent state agency
specified at Item 2 of Article 19 of the Ordinance on Belief
and Religion.
2. The packet includes:
a) An application for registration that specifies the name
of the religious order, monastery [or] the other form of
collective religious practice, head office or work address,
the name of the head of the religious order, monastery [or]
the other form of collective religious practice;
b) List of religious officials;
c) Operation rules, regulations or charter, specific guiding
principles, operation purposes, organization and management
structure, material conditions, social activities, [and]
international activities (if any) of the religious order,
monastery [or] the other form of collective religious
practice.
3. Within 60 days from the date of receipt of a complete and
accurate packet, the competent state agency specified in
Item 2, Article 19 of the Ordinance on Belief and Religion
shall have the responsibility to issue a registration
certificate to the religious order, monastery [or] the other
form of collective religious practice, [or] in case where it
refuses [issuing a registration certificate], reply in
writing specify reason(s) for such refusal.
Section 4
The establishment and dissolution of schools and the opening
of classes to train religious officials
Article 13. Establishment of schools to train religious
officials.
1. Religious organizations wishing to establish schools to
train religious officials shall forward the application
packet to the Prime Minister.
2. The packet includes:
a) Application for the establishment of the school;
b) Project for the establishment of the school, which
provides the following clarifications: name of the religious
group wishing to establish the school; tentative name of the
school; tentative venue for the school as part of the to be
attached file on property; financing guaranty; facilities;
goals, functions, tasks, size, curriculum, draft operations
regulations, draft enrollment regulations, number of
potential students, potential leadership of the school
(personal files should be attached),and potential
lecturers.
c) Comments in writing from the provincial People's
Committee.
3. The subjects of Vietnamese history and laws are among the
major subjects in the curriculum. The Ministry of Education
and Training provides specific stipulations concerning
teachers of those subjects and contents of the subjects.
4. Within 60 days from the receipt of a complete and
accurate packet, the Prime Minister considers, makes
decisions and responds to the religious organization.
Article 14. Dissolving schools to train religious
officials.
1. Religious organizations wishing to dissolve their schools
to train religious officials shall forward to the Prime
Minister documents that provide clarification on the reasons
for the dissolution and a plan to do so.
2. Property and assets belonging to the school shall be
dealt with according to current legal provisions.
Article 15. Opening of classes to train religious officials
1. Religious organizations wishing to open classes to train
religious officials shall forward application packets to the
Chairman of the People's Committee of the province where the
class is opened. The packet shall include class name,
venue, demand, length, contents, curriculum, potential
attendees and teachers.
2. Within 30 days from the receipt of a complete and
accurate packet, the Chairman of the provincial People's
Committee considers, makes decisions and responds to the
religious organization.
Section 5
Bestowal of religious titles, appointment, election,
nomination, and discharge of religious officials
Article 16. Registration on the bestowal of religious
titles, appointment, election, and nomination of religious
officials
1. Religious organizations have the responsibility to
register the bestowal of religious titles and the
appointment, election and nomination of religious officials
with the Government Committee for Religious Affairs.
Registration include memberships to the Buddhist Sangha
Council and Executive Council and the bestowal of titles of
Most Venerable, Venerable, Superior Nun and Senior Nun;
memberships to the Catholic Church's Episcopal Council
Standing Board as well as Heads of Episcopal Council
subordinate Committees, and the bestowal of the title of
Cardinal and the appointment of archbishops, coadjutor
archbishops, bishops, coadjutor bishops, auxiliary bishops,
administrators, heads of the Catholic orders; memberships to
the central Management Board of the Protestant Church;
memberships to the Cao Dai Holy See's Management Council,
Church Council, and Executive Council, archbishops and the
equivalent titles; memberships to the Hoa Hao Buddhism's
Central Management Council; heads of schools to train
religious officials; and those who hold equivalent positions
of the other religious organizations.
2. Religious organizations have the responsibility to
register with the provincial People's Committee the bestowal
of religious titles and the appointment, election, and
nomination of religious officials that do not fall in
category stipulated at item 1 of this Article.
3. Application packet includes:
a) Registration form that includes name, title,
responsibility and domain of the religious officials.
b) Curriculum vitas of the religious officials with
certification of the People's Committee of the commune where
the religious officials reside.
c) Working background of the religious officials.
4. In cases in which a foreign element is involved, the
bestowal of religious titles and the appointment, election
and nomination of religious officials must obtain agreement
in advance from the Government Committee on Religion.
5. Deadlines:
a) After 45 days from turning in a complete and accurate
application packet, and the Government Committee for
Religious Affairs does not have any other opinions, the
religious officials are allowed to conduct their activities
under the registered titles.
b) After 30 days from turning in a complete and accurate
application packet, and the provincial People's Committee
does not have any other opinions, the religious officials
are allowed to conduct their activities under the registered
titles.
Article 17. Notification on dismissal of religious
officials.
Religious organizations have the responsibility to notify
the competent State management agency mentioned in Items 1 &
2 of Article 16 of this Decree the dismissal of religious
officials.
Article 18. Notification of the transfer of religious
officials.
1. The transfer of religious officials shall be reported to
the People's Committee of the district/town/provincially run
cities from which the religious officials are transferred at
least seven days before a decision on the transfer is made.
2. Such notification includes the names, titles, positions
of the religious officials, reasons for the transfer and the
locality to which the religious officials are transferred.
Article 19. Registering the transfer of religious
officials.
1. Religious organizations have the responsibility to
register the transfer of religious officials with the
People's Committee of the district/town/provincially run
cities to which the religious officials are transferred.
2. Registration packet includes:
a) Registration form that contains information on names,
titles, positions of the religious officials, reasons for
the transfer and the locality to which the religious
officials are transferred.
b) Decision on the transfer.
c) Curriculum vitaes of the religious officials with
certification of the People's Committee of the commune where
the religious officials reside.
3. After 30 days from turning in a complete and accurate
application packet, and the People's Committee at the
district level does not have any other opinions, the
religious officials are allowed to conduct their religious
activities at the registered place.
4. The registration packet concerning the transfer of
religious officials who have been administratively punished
by decisions of the Chairman of the provincial People's
Committee, or those who have been dealt with for their
violations to Criminal Law, shall have to address the
Chairman of the People's Committee of the province to which
the religious officials are transferred. Pending approval
from the People's Committee of the province to which the
religious officials are transferred, the religious officials
are not allowed to conduct their religious activities at the
registered place.
Chapter 5
Religious Activities
Article 20. Registration of the annual plan of religious
activities of the local religious organizations.
1. Annually, before October 15, the person in charge of the
local religious organization must forward a registration
form concerning the religious activities to be conducted in
the following year to the People's Committee at the commune
level.
2. The registration form includes information on the
organizers, the hosts, timing and venues for the activities.
3. After 30 days from turning in a complete and accurate
registration form, and the People's Committee at the commune
level does not have any other opinions, the local religious
organization is allowed to conduct their registered
activities.
Article 21. Religious activities beyond those mentioned in
the annual plan of religious activities of the local
religious organizations.
1. Religious activities beyond those mentioned in Articles
18 and 25 of the Ordinance on Belief and Religion shall have
to follow the following stipulations:
a) Religious activities with the participation of believers
from several districts, precincts, towns and cities within
one province, or from several provinces and centrally run
cities, must be approved by the People's Committee of the
province where the activity takes place.
b) Religious activities with the participation of believers
from one single district, precinct, town and city must be
approved by the People's Committee of the district where the
activity takes place.
2. Local religious organizations have the responsibility to
send an application packet that includes information on
organizers, the hosts, timing and venues for the activities.
3. Within 15 days from the receipt of a complete and
accurate form, the competent State management agency
stipulated in points a & b of Item 1 of this Article has the
responsibility to respond in writing, and state the reasons
for not approving (if any).
Section 2
Registration of persons who lead a religious life
Article 22. Registration of persons who want to lead a
religious life
1. Within seven days from the admission of individuals into
places of religious worship in order for them to lead a
religious life, persons in charge of the places of religious
worship have the responsibility to register such admittance
with the People's Committee of the commune where the place
of religious worship is located.
2. Registration packet includes:
a) List of the persons who get admitted into places of
religious worship in order for them to lead a religious
life.
b) Curriculum vitaes of the persons admitted into places of
religious worship in order for them to lead a religious life
with the certification of the People's Committee of the
commune where the place of religious worship is located.
c) Approval from parents or guardians for adolescents who
want to lead a religious life.
Section 3
Conferences and Congresses of Religious Organizations
Article 23. Conferences or congresses of local religious
organizations.
1. Local religious organizations wishing to convene their
annual conferences or congresses shall forward an
application packet to the People's Committee of the district
where the conferences/congresses take place.
2. The application packet includes:
a) Application form which provide clarifications on reasons
to conduct the conferences/congresses, possible attendees,
number of participants, program, timing and venue.
b) Report on the activities of the local religious
organization.
3. Within 10 days from the receipt of a complete and
accurate application form, the People's Committee at the
district level has the responsibility to respond in writing
and state the reasons for not approving (if any).
Article 24. Conferences and congresses of religious
organizations at the national level
1. Religious organizations wishing to convene conferences
and congresses at the national level shall send the
application packet to the Government Committee for Religious
Affairs.
2. The application packet includes:
a) Application form which provide clarifications on reasons
to conduct the conferences/congresses, possible attendees,
number of participants, program, timing and venue.
b) Comments in writing of the People's Committee of the
province where the event takes place.
c) Report on the activities of the local religious
organization.
d) Chapters or Regulations or revised Chapters or
Regulations (if any.)
3. Within 30 days from the receipt of a complete and
accurate form, the Government Committee for Religious
Affairs has the responsibility to respond in writing, and
state the reasons for not approving (if any).
Article 25. Conferences and congresses of religious
organizations not included in Articles 24 & 25 of this
Decree
1. Application packets concerning conferences and congresses
of religious organizations not included in Articles 24 & 25
of this Decree shall be forwarded to the People's Committee
of the province where the event takes place.
2. The application packet includes:
a) Application form that provide clarifications on reasons
to conduct the conferences/congresses, possible attendees,
number of participants, program, timing and venue, and
others.
b) Report on activities of the local religious organization.
3. Within 30 days from the receipt of a complete and
accurate form, the provincial People's Committee has the
responsibility to respond in writing, and state the reasons
for not approving (if any).
Section 4
Religious ritual festivities taking place beyond the
enclosure of a religious establishment
Article 26. Religious ritual festivities taking place
beyond the enclosure of a religious establishment
1. A religious organization that organizes religious ritual
festivities beyond the enclosure of the religious
establishment shall have the responsibility to send a
written request to the competent state agency specified at
Article 25 of the Ordinance on Belief and Religion.
2. The written request shall specify the title(s) of the
religious ritual festivity(ies),the organizer(s),contents,
program, time, location, scale, [and] participants of the of
the religious ritual festivity(ies).
3. Within 15 days from the date of receipt of a complete and
accurate application packet, the People's Committee of the
district shall have the responsibility to reply in writing
[the application packet for] the religious ritual
festivity(ies) specified in Item 1 of Article 25 of the
Ordinance on Belief and Religion, [and] in case where it
rejects [the application] specify reason(s) for such
rejection.
4. Within 30 days from the date of receipt of a complete and
accurate application packet, the People's Committee of the
province shall have the responsibility to reply in writing
[the application packet for] the religious ritual
festivity(ies) specified at Item 2, Article 25 of the
Ordinance on Belief and Religion, [and] in case where it
rejects [the application] specify reason(s) for such
rejection.
Section 5
Preaching of a religious official beyond the enclosure of a
religious establishment
Article 27. Preaching of religious official beyond the
enclosure of a religious establishment
1. A religious official that preaches beyond the enclosure
of a religious establishment shall have the responsibility
to send a packet to the People's Committee of the district
where the preaching shall be conducted.
2. The packet shall include:
a) A written request that specifies the reason(s) for
preaching beyond the enclosure of the religious
establishment, contents, program, time, location,
organizer(s),[and] participants [at the preaching];
b) A written expression of opinion of the affiliated
religious organization or the religious organization that is
directly in charge of the religious official;
3. Within 30 days from the date of receipt of a complete and
accurate application packet, the People's Committee of the
district shall have the responsibility to reply in writing,
[and] in case where it rejects [the application] specify
reason(s) for such rejection.
Section 6
Renovation, upgrades, [and] new construction of religious
facilities
Article 28. Renovation, [and] upgrades of religious
facilities not requiring construction permits
When the repair [and/or] renovation of a religious facility
does not alter the architecture, load-bearing structure and
safety of the facility, it is not required to apply for a
construction permit, but before doing such repair [and/or]
renovation, the person in charge of that religious
establishment must send a written notification to the
People's Committee of the local commune.
Article 29. Renovation, [and] upgrades of religious
facilities requiring construction permits
1. For doing the repair [and/or] renovation of a religious
facility that does not fall within Article 28 of this
Decree, or constructing a new religious facility, the person
in charge of that religious establishment shall have to send
a construction-permit-application packet to the People's
Committee of the province.
2. The packet shall include:
a) An application letter for a construction permit;
b) A drawing of the construction design;
c) Documents on land-use rights as required by the
legislation on land use;
d) Approval in writing of the provincial-level state
management authority for religious affairs.
3. Within 20 days from the date of receipt of a complete and
accurate application packet, the People's Committee of the
province shall have the responsibility to issue the
construction permit to the religious establishment.
Section 7
Collections organized by [those that run] worship places
[and/or] religious organizations
Article 30. Collections organized by [those that run]
worship places [and/or] religious organizations
1. [Those that run] worship place(s) [and/or] religious
organization(s) shall have the responsibility to send a
written notification of their [planned] organization of a
collection to a competent state agency specified in Item 3
of this Article 15 days in advance.
2. The written notification shall specify the purpose(s),
scale, mode [and] time of the collection, [and] the
mechanism for managing and ways for using the collected
assets.
3. State agencies to receive notifications of collections of
[those that run] worship place(s) [and/or] religious
organization(s):
a) If a collection is to be organized within the area of a
commune, the notification shall be sent to the People's
Committee of the commune where the collection shall be
organized;
b) If a collection is to be organized beyond the area of a
commune but within the area of a district, the notification
shall be sent to the People's Committee of the district
where the collection shall be organized;
c) If a collection is to be organized beyond the area of a
district, the notification shall be sent to the People's
Committee of the province where the collection shall be
organized.
4. State agencies that are notified by [those that run]
worship place(s) [and/or] religious organization(s) of their
organization of collection shall have the responsibility to
supervise the implementation in accordance with the notified
contents.
5. [Those that run] worship place(s) [and/or] religious
organization(s) that organize a collection must ensure the
publicity and transparency of the collected amounts,
including their distribution, [and] must not abuse the name
of the worship place(s) [and/or] religious organization(s)
to make collection for their personal interests or illegal
purposes.
Section 8
International activities of religious organizations,
believers and religious officials
Article 31. Inviting foreign organization(s) [and/or]
individuals to Vietnam
1. A religious organization, believer, or religious official
that invites foreign organization(s) [and/or] individuals to
Vietnam for carrying out religion-related international
cooperation activities shall have the responsibility to send
an application packet to the Government Committee for
Religious Affairs.
2. The packet shall include:
a) A written request that specifies the reason(s) for the
invitation, contents of cooperation activities, tentative
program, time and location for organizing [the activities];
b) A brief introduction of major activities of the foreign
organization(s) [and/or] individuals.
3. Within 30 days from the date of receipt of a complete and
accurate packet, the Government Committee for Religious
Affairs shall have the responsibility to reply in writing,
[and] in case where it rejects [the packet], specify
reason(s) for such rejection.
Article 32. Participation in religious activities in
foreign countries
1. A religious organization that participates in religious
activities in a foreign country shall have the
responsibility to send an application packet to the
Government Committee for Religious Affairs.
2. The packet shall include:
a) A written request that specifies the reason(s),
purpose(s),program, time, [and] location of the religious
activities to take place in the foreign country that the
Vietnamese religious organization [and/or] individual(s) are
invited to participate;
b) An invitation to participate in the activities in the
foreign country.
3. Within 30 days from the date of receipt of a complete and
accurate packet, the Government Committee for Religious
Affairs shall have the responsibility to reply in writing,
[and] in case where it rejects [the packet], specify
reason(s) for such rejection.
Article 33. Participation in religious training courses in
foreign countries
1. A religious official that participates in a religious
training course in a foreign country shall have the
responsibility to send an application packet to the
Government Committee for Religious Affairs.
2. The packet shall include:
a) A written request for participating in the training
course, specifying the reason(s),purpose(s),contents,
program [and] time of the training;
b) A letter of acceptance for training by the foreign
religious organization [or] individual [that conducts the
training];
c) A letter of approval by the religious organization that
is directly in charge [of the religious official].
3. Within 45 days from the date of receipt of a complete and
accurate packet, the Government Committee for Religious
Affairs shall have the responsibility to reply in writing,
[and] in case where it rejects [the packet], specify
reason(s) for such rejection.
Article 34. Exit [from Vietnam] of religious officials who
do not fall within the cases provided in Article 32 and
Article 33 of this Decree
Religious officials who exit [from Vietnam] in cases that
are not provide for in Article 32 and Article 33 of this
Decree shall follow the legislation on entry-exit
procedures.
Article 35. Preaching of foreign religious officials in
Vietnam
1. A religious organization that invites a foreign religious
official to preach at a religious establishment in Vietnam
shall have the responsibility to send a written request to
the Government Committee for Religious Affairs, specifying
the name of the foreign religious official, nationality,
name of the foreign religious organization, program, time,
location, organizer(s),[and] participants [in the
preaching].
2. Within 30 days from the date of receipt of the written
request, the Government Committee for Religious Affairs
shall have the responsibility to reply in writing, [and] in
case where it rejects [the application packet], specify
reason(s) for such rejection.
Chapter V
Implementation Provisions
Article 36. Responsibility of state management agencies for
religious affairs
1. The Government Committee for Religious Affairs and local
state management agencies for religious affairs shall
exercise their functions, duties, [and] authority of state
management for religious affairs as provided by the law.
2. In the implementation of the Ordinance on Belief and
Religion and this Decree, the Government Committee for
Religious Affairs shall have the responsibility to receive
application packets, take the lead and coordinate with
relevant Ministries and agencies in appraising [the
applications], submit [the applications] to the Prime
Minister and with authority delegated by the Prime Minister
give replies to religious organizations. For cases that
fall within the authority of People's Committees, state
management agencies for religious affairs at the
corresponding levels shall have the responsibility to
receive application packets, coordinate with relevant
agencies in appraising [the application packets], submit
[the application packets] to the People's Committees and
give replies to religious organizations.
Article 37. Implementation effect
This Decree takes effect 15 days from the date of its
publication on the Official Gazette.
Previous regulations that are contrary to this Decree are
hereby repealed.
Article 38. Responsibility for implementation
1. Religious organizations, believers, officials and
relevant organizations and individuals are responsible for
the implementation of this Decree and other relevant legal
regulations.
2. Ministers, Heads of Ministry-level Agencies, Heads of
Agencies under the Government, Chairmen of People's
Committees of provinces and central-level cities are
responsible for the implementation of this Decree within
their respective functions, duties, [and] authority.
FOR THE GOVERNMENT
THE PRIME MINISTER
(Signed & stamped)
Phan Van Khai
//End text//
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