THE GOVERNMENT | THE SOCIALIST REPUBLIC OF VIETNAM |
No. 162/2017/ND-CP | Hanoi, December 30, 2017 |
DECREE
GUIDELINES FOR IMPLEMENTATION OF THE LAW ON RELIGION AND FOLK BELIEF
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Religion and Folk Belief dated November 18, 2016;
At the request of the Minister of Home Affairs;
The Government hereby promulgates a Decree on guidelines for implementation of the Law on Religion and Folk Belief.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides guidelines for some Articles of the Law on Religion and Folk Belief (hereinafter referred to as “the Law”) on the exercise of the right to use scriptures and manifest their faith of religion or folk belief by people kept in temporary detention pursuant to the legislation on temporary detention, people serving an imprisonment sentence, people sent to a reformatory, compulsory education institution or compulsory rehabilitation center; procedures for registration of non-commercial juridical person of a religious affiliate; procedures for dissolution of religious organizations and religious affiliates; procedures for dissolution of religious educational institutions; procedures for approval and registration of ordination, appointment, election and selection that involve foreign elements; religious organizations' and religious affiliates' receipt and management of financial aids from foreign organizations and individuals; fundraising by folk religious establishments, religious organizations and religious affiliates and guidelines for implementation of the Law.
Article 2. Regulated entities
This Decree applies to organizations and individuals that maintain and exercise the right to freedom of religion and belief as prescribed by the Law.
Article 3. Definitions
1. “folk religious building” means a building constructed to serve practice of folk beliefs.
2. “religious building” includes religious establishment, monument, stela and religious tower.
3. “auxiliary work” means a work not used for the worship by a folk religious establishment or religious establishment and includes residential house, guesthouse, canteen, kitchen and fence within such folk religious establishment or religious establishment and other similar works.
Chapter II
USE OF SCRIPTURES AND MANIFESTATION OF FAITH OF RELIGION OR FOLK BELIEF; CHANGE OF REPRESENTATIVES OF CONGREGATIONAL PRACTICING GROUPS AND LOCATIONS FOR CONGREGATIONAL RELIGIOUS PRACTICE; CHANGE OF NAME AND RELOCATION OF BASES OF RELIGIOUS ORGANIZATIONS AND RELIGIOUS AFFILIATES
Article 4. Use of scriptures and manifestation of faith of religion or folk belief prescribed in Clause 5 Article 6 of the Law
1. People kept in temporary detention pursuant to the legislation on temporary detention, people serving an imprisonment sentence, people sent to a reformatory, compulsory education institution or compulsory rehabilitation center (hereinafter referred to as “people under detention”) has the right to use scriptures legally published in the form of a printed book to serve the practice of folk belief or religion and to manifest their faith of folk belief or religion by their speech or behaviors in accordance with regulations of law on detention centers, custody centers, prisons, reformatories, compulsory education institutions and compulsory rehabilitation centers (hereinafter referred to as “detention centers”).
2. The use of scriptures and manifestation of scriptures by people under detention at detention centers shall not affect the others’ right to freedom of religion and belief and right to freedom of atheistic belief and shall not be contrary to relevant regulations of law.
3. The Ministry of Public Security, Ministry of National Defense and Ministry of Labor, War Invalids and Social Affairs shall provide guidelines for management of scriptures, time and location for use of scriptures, and manifestation of faith of folk belief or religion for people under detention at detention centers.
Article 5. Procedures for change of representative of a congregational practicing group
1. Before the change of the representative, the congregational practicing group shall submit an application for registration to the People’s Committee of the commune where the location for congregational religious practice exists.
An application includes:
a) An application form, which specifies the name of the religious organization or organization issued with the certificate of registration of religious activities; the name of the religion; the name of the group; full name and residence of the old representative and the new representative of the group; reason for and expected date of change;
b) A resume of the new representative;
c) A written approval for change of the representative of the congregational practicing group registered by the organization, which is granted by the religious organization or organization issued with the certificate of registration of religious activities;
d) Minutes of the new representative election meeting (if any).
2. The People’s Committee of the commune shall respond in writing within 15 days from the receipt of the satisfactory application. In the case of rejection of the application, written explanation shall be provided.
Article 6. Procedures for change of locations for congregational religious practice
1. Before the change of the location for congregational religious practice within a commune, the representative of the group shall submit an application to the People’s Committee of the commune.
An application includes:
a) An application form, which specifies the name of the religious organization or organization issued with the certificate of registration of religious activities; the name of the religion; the name of the group; full name of the representative of the group; reason for and expected date of change; location where the group is practicing religion and expected new location;
b) Documentary evidences for the availability of a new legitimate location for religious practice;
c) A written approval for change of the location of the congregational practicing group registered by the organization, which is granted by the religious organization or organization issued with the certificate of registration of religious activities.
2. Before the change of the location for congregational religious practice to another commune, the representative of the group shall submit an application to the People’s Committee of the commune where the new location exists.
The application prescribed in Clause 1 of this Article shall be enclosed with a certified true copy of the written approval for registration of congregational religious practice granted by the People’s Committee of the commune where the initial location for congregational religious practice is located.
3. The power to approve the change of the location for congregational religious practice:
a) The People’s Committee of the commune where the expected new location for congregational religious practice exists as prescribed in Clause 1 of this Article shall respond in writing to the change of the location within 15 days from the receipt of the satisfactory application. In the case of rejection of the application, written explanation shall be provided.
b) The People’s Committee of the commune where the expected new location for congregational religious practice exists as prescribed in Clause 2 of this Article shall, within 05 working days from the receipt of the satisfactory application, send an enquiry concerning the change of the location for congregational religious practice to the People’s Committee of the district about.
Within 10 working days from the receipt of the satisfactory enquiry, the People’s Committee of the district shall respond to it in writing. Within 05 working days from the receipt of the response given by the People’s Committee of the district, the People’s Committee of the commune shall respond in writing to the change of the location. In the case of disagreement about the response, written explanation shall be provided.
4. Within 10 days from the date on which the new location is approved, the congregational practicing group shall terminate its religious practice at the old location and shall give a notification to the People’s Committee of the commune where the old location for congregational religious practice exists. In case the congregational practicing group moves to another commune, its representative shall submit the notification enclosed with a certified true copy of the written approval granted by the People’s Committee of the commune where the new location for congregational religious practice exists.
The notification shall specify the name of the religious organization or organization issued with the certificate of registration of religious activities; the name of the group; full name of the representative of the group; date of change; new location for congregational religious practice; date of terminating religious practice at the old location.
Article 7. Procedures for change of name of a religious organization or religious affiliate
1. Before changing name of a religious organization or religious affiliate, the religious organization shall submit an application to the competent authority specified in Clause 2 of this Article.
The application form shall specify the name, base and representative of the religious organization; name of the religious organization or religious affiliate before and after the change; reason for and expected date of change and be enclosed with a certified true copy of the decision on accreditation of the religious organization issued by the competent authority in case of change of the religious organization’s name; certified true copies of the written approval for establishment, full division, partial division, merger or consolidation of the religious affiliate granted by the competent authority and the written statement of establishment, full division, partial division, merger or consolidation of the religious organization of the religious organization or supervisory religious organization in case of change of the religious affiliate’s name.
2. The power to approve the change of name of a religious organization or religious affiliate:
a) The People’s Committee of the province shall, within 30 days from the receipt of the satisfactory application form, respond in writing to the change of the name of the religious organization or religious affiliate operating within a province. In the case of rejection of the application form, written explanation shall be provided;
b) The central government’s folk belief and religion authority shall, within 30 days from the receipt of the satisfactory application form, respond in writing to the change of the name of the religious organization or religious affiliate operating within multiple provinces. In the case of rejection of the application form, written explanation shall be provided.
Article 8. Procedures for relocation of the base of a religious organization or religious affiliate
1. Before the relocation of the base, the religious organization or religious affiliate operating within multiple provinces shall submit an application to the People’s Committee of the province where its new base is located.
An application includes:
a) An application form, which specifies the name, base and representative of the religious organization or religious affiliate; reason for and expected date of relocation; the base of the religious organization or religious affiliate before and after the relocation;
b) A certified true copy of the decision on accreditation of the religious organization in case of relocation of its base to another province or certified true copies of the written approval for establishment, full division, partial division, merger or consolidation of the religious affiliate granted by the competent authority and the written statement of establishment, full division, partial division, merger or consolidation of the religious affiliate of the religious organization or supervisory religious organization in case of relocation of the religious affiliate's base to another province;
c) A written approval for change of the location granted by the religious organization or the supervisory religious organization;
d) Documentary evidences for the availability of a legitimate location for its facilities.
2. The People’s Committee of the province where the new base is located shall, within 30 days from the receipt of the satisfactory application, respond in writing to the relocation of the base of the religious organization or religious affiliate operating within multiple provinces. In the case of rejection of the application, written explanation shall be provided.
3. Within 10 days from the date of relocating to the new base, the religious organization or religious affiliate specified in Clause 1 of this Article shall notify the central government’s religion and folk belief authority and the People’s Committee of the province where its old base is located.
The notification shall specify the name of the religious organization or religious affiliate; full name of its representative; reason for and date of relocation; its base before and after the relocation and be enclosed with a certified true copy of the written approval granted by the People’s Committee of the province where its new base is located.
4. The religious organization or religious affiliate operating within a province shall, upon relocation of its base, prepare an application as prescribed in Points a, c and d Clause 1 of this Article and submit it to the People’s Committee of the province.
The People’s Committee of the province shall, within 30 days from the receipt of the satisfactory application, respond in writing to the relocation of the base of the religious organization or religious affiliate operating within a province. In the case of rejection of the application, written explanation shall be provided.
Chapter III
ISSUANCE OF CERTIFICATE OF REGISTRATION OF NON-COMMERCIAL JURIDICAL PERSON; DISSOLUTION OF RELIGIOUS ORGANIZATIONSS, RELIGIOUS AFFILIATES AND RELIGIOUS EDUCATIONAL INSTITUTIONS; FOLK RELIGIOUS BUILDINGS, RELIGIOUS BUILDINGS AND AUXILIARY WORKS
Article 9. Procedures for issuance of certificate of registration of non-commercial juridical person to religious affiliates
1. The religious organization applying for issuance of the certificate of registration of non-commercial juridical person to its religious affiliate shall submit an application to the competent authority specified in Clause 2 of this Article.
An application includes:
a) An application form, which specifies the name, base and representative of the religious organization; the name, base, area of operation, quantity of followers, dignitaries, sub-dignitaries and monastics at the time of application; full name of the representative of the religious affiliate to which the certificate of registration applied for is issued;
b) A written summary of the religious affiliate’s religious activities since the establishment, full division, partial division, merger or consolidation;
c) The list, resumes, judicial records and summaries of religious activities of the representative and leaders of the religious affiliate;
d) Written declaration of and documentary evidences for the religious affiliate's legitimate assets;
dd) Charter, regulations or equivalent documents of the religious affiliate.
2. The power to issue certificate of registration of non-commercial juridical person:
a) The People’s Committee of the province shall, within 60 days from the receipt of the satisfactory application, issue the certificate of registration of non-commercial juridical person to the religious affiliate operating within a province. In the case of rejection of the application, written explanation shall be provided;
b) The central government’s religion and folk belief authority shall, within 60 days from the receipt of the satisfactory application, issue the certificate of registration of non-commercial juridical person to the religious affiliate operating within multiple provinces. In the case of rejection of the application, written explanation shall be provided.
Article 10. Procedures for dissolution of a religious organization or religious affiliate accordance with its charter
1. A religious organization that dissolves itself or a religious organization or religious affiliate that dissolves its religious affiliate in accordance with its charter shall submit an application to the competent authority specified in Clause 3 of this Article.
An application includes:
a) An application form specifying the applicant’s name and base; name and base of the dissolved religious affiliates; reason for and expected date of dissolution;
b) A written declaration of assets and finance;
c) Methods for disposal of assets and financial settlement and deadline for repayment of debts (if any);
d) List of religious affiliates.
2. The religious organization that dissolves itself or the dissolved religious affiliate shall notify relevant organizations and individuals of the deadline for repayment of debts (if any) on five consecutive issues of a central government’s printed newspaper or online newspaper if the religious organization/religious affiliate operates within multiple provinces and of a local printed newspaper or online newspaper if the religious organization/religious affiliate operates within a province.
3. The power to grant approval for dissolution:
a) The People’s Committee of the province shall grant approval for dissolution of the religious organization/religious affiliate operating within a province within 45 days from the expiration of the deadline for repayment of debts (if any) and liquidation of assets and finance specified in the notification without any complaint lodged. In the case of rejection of the application, written explanation shall be provided;
b) The central government’s religion and folk belief authority shall grant approval for dissolution of the religious organization/religious affiliate operating within multiple provinces within 45 days from the expiration of the deadline for repayment of debts (if any) and liquidation of assets and finance specified in the notification without any complaint lodged. In the case of rejection of the application, written explanation shall be provided.
4. Regarding the religious organization that dissolves itself, the date on which the competent authority specified in Clause 3 of this Article grants approval to the dissolved organization is the date on which the organization is required to return originals of the decision on accreditation of the religious organization and the police authority’s document certifying that the religious organization's seal has been returned or destroyed as prescribed.
5. Regarding the religious organization or religious affiliate that dissolves its religious affiliate, the religious organization or religious affiliate shall, within 05 working days from the date on which the competent authority grants approval for dissolution, dissolve its religious affiliate and return the following documents to the competent authority specified in Clause 3 of this Article:
a) The original of the written approval for establishment, full division, partial division, merger or consolidation of the religious affiliate granted by the competent authority;
b) The original of the written statement of establishment, full division, partial division, merger or consolidation of the religious affiliate of the religious organization or the supervisory religious organization;
c) The list of religious affiliates of dissolved religious affiliates;
d) The document certifying that the dissolved religious affiliate's seal has been returned or destroyed as prescribed.
6. Within 20 days from the date on which the religious affiliate is dissolved, the religious organization or supervisory religious organization shall notify the competent authority specified in Clause 3 of this Article of the dissolution of the religious affiliate.
The notification shall specify the name, base and full name of representative of the religious organization or religious affiliate that applies for dissolution; the name, base and full name of the representative of the religious organization or religious affiliate that has been dissolved; date of dissolution.
Article 11. Procedures for dissolution of a religious organization or religious affiliate accordance with Points b and c Clause 1 Article 31 of the Law
1. 60 days before the expected date on which the religious organization or religious affiliate is dissolved as prescribed in Points b and c Clause 1 Article 31 of the Law, the central government's religion and folk belief authority shall notify the religious organization or supervisory religious organization and religious affiliate expected to be dissolved in writing of dissolution of the religious organization or religious affiliate operating within a province.
The notification shall specify the name, base and full name of the representative of the religious organization or religious affiliate that has been dissolved; the competent authority or religious organization or supervisory religious organization responsible for the dissolution; reason for and expected date of dissolution and shall be enclosed with the conclusion given by the regulatory authority licensed to carry out inspection of religion and folk belief that the religious organization/affiliate fails to rectify the cause of the termination of its religious activities in the case specified in Point c Clause 1 Article 31 of the Law.
2. Within 50 days from the date on which the competent authority notifies the dissolution in the case specified in Point b Clause 1 Article 31 of the Law, the religious organization or supervisory religious organization shall provide written explanations to the competent authority specified in Clause 1 of this Article.
10 days after the expiration of the deadline for providing explanation, if the religious organization or religious affiliate fails to rectify the cause of the dissolution, the competent authority shall issue a decision on dissolution of the religious organization or request the religious organization or religious affiliate to dissolve its religious affiliate.
3. Within 60 days from the date on which the competent authority notifies the dissolution in the case specified in Point c Clause 1 Article 31 of the Law, the religious organization or religious affiliate that has been dissolved shall fulfill every of its asset-related obligations pursuant to the legislation on civil matters. Upon the expiration of the aforementioned deadline, the competent authority shall issue a decision on dissolution of the religious organization or request the religious organization or religious affiliate to dissolve its religious affiliate.
4. The competent authority specified in Clause 1 of this Article shall issue a decision on dissolution of the religious organization or religious affiliate and repeal and revoke the following documents:
a) The decision on accreditation of the religious organization in the case of dissolution of the religious organization;
b) The written approval for establishment, full division, partial division, merger or consolidation of the religious affiliate granted by the competent authority; the written statement of establishment, full division, partial division, merger or consolidation of the religious affiliate of the religious organization or supervisory religious organization in the case of dissolution of the religious affiliate;
c) The list of religious affiliates.
5. In case a religious organization or religious affiliate dissolves its religious affiliate at the request of the competent authority, within 05 working days from the date on which the request is made, the religious organization/affiliate that dissolves its religious affiliate shall return documents and notify the dissolution of its religious affiliate as prescribed in Clauses 5 and 6 Article 10 of this Decree.
Article 12. Procedures for dissolution of a religious educational institution at the discretion of the religious organization
1. The religious organization that dissolves its religious educational institution at its discretion shall submit an application to the central government’s folk belief and religion authority.
An application includes:
a) An application form specifying the religious organization’s name and base; the religious educational institution's name, base and organizational structure; reason for and expected date of dissolution;
b) A written declaration of assets and finance;
c) Methods for disposal of assets and financial settlement and deadline for repayment of debts (if any); methods for assurance of interests of learners and relevant persons.
2. The religious educational institution shall notify relevant organizations and individuals of the deadline for repayment of debts (if any) on five consecutive issues of a central government’s printed newspaper or online newspaper if the religious educational institution operates within multiple provinces and of a local printed newspaper or online newspaper if the religious educational institution operates within a province.
3. The central government’s religion and folk belief authority shall grant the approval for dissolution of the religious educational institution to the religious organization within 45 days from the expiration of the deadline for repayment of debts (if any) and liquidation of assets and finance specified in the notification without any complaint lodged. In the case of rejection of the application, written explanation shall be provided.
4. Within 05 working days from the date of obtaining the approval for dissolution of the religious educational institution, the religious organizations shall dissolve its religious educational institution and return the following documents to the central government’s folk belief and religion authority: the original of the written approval for establishment of the religious educational institution granted by the competent authority; the original of the written statement of establishment of the religious educational institution of the religious organization; the police authority’s document certifying that the dissolved religious educational institution’s seal has been returned or destroyed as prescribed.
5. Within 20 days from the date of dissolving the religious educational institution, the religious organization shall notify the central government’s religion and folk belief authority of the dissolution.
The notification shall specify the religious organization’s name and base; the name, base and full name of the representative of the dissolved religious educational institution; date of dissolution.
Article 13. Procedures for dissolution of a religious educational institution in accordance with Points b and c Clause 1 Article 42 of the Law
1. 60 days before the expected date of dissolving the religious educational institution as prescribed in Points b and c Clause 1 Article 42 of the Law, the central government’s folk belief and religion authority shall notify the religious organization and religious educational institution in writing of the dissolution of the religious educational institution.
The notification shall specify the name, base and full name of the representative of the religious organization; name, base and full name of the representative of the dissolved religious educational institution; central government’s folk belief and religion authority or religious institution responsible for dissolution; reason for and expected date of dissolution and shall be enclosed with the conclusion given by the regulatory authority licensed to carry out inspection of religion and folk belief that the religious educational institution fails to rectify the cause of the termination of its religious activities in the case specified in Point c Clause 1 Article 42 of the Law.
2. 50 days from the date on which the central government’s folk belief and religion authority notifies the dissolution in the case specified in Point b Clause 1 Article 42 of the Law, the religious educational institution shall provide a written explanation to the central government’s folk belief and religion authority.
10 days after the expiration of the deadline for providing explanation, if the religious educational institution fails to rectify the cause of the dissolution, the central government’s folk belief and religion authority shall issue a decision on dissolution or request the religious organization to dissolve its religious educational institution.
3. 60 days from the date on which the central government’s folk belief and religion authority notifies the dissolution in the case specified in Point c Clause 1 Article 42 of the Law, the dissolved religious educational institution shall fulfill every of its asset-related obligations pursuant to the legislation on civil matters. Upon the expiration of the aforementioned deadline, the central government’s folk belief and religion authority shall issue a decision on dissolution or request the religious organization to dissolve its religious educational institution.
4. The central government’s folk belief and religion authority shall issue a decision on dissolution of the religious educational institution; repeal and revoke the written approval for establishment of the religious educational institution granted by the competent authority and the original of the written statement of establishment of the religious educational institution of the religious organization.
5. In case a religious organization dissolves its religious educational institution at the request of the central government’s folk belief and religion authority, within 05 working days from the date on which the request is made, such religious organization shall return the documents specified in Clause 4 of this Article and notify the dissolution as prescribed in Clause 5 Article 12 of this Decree.
Article 14. Responsibility for publishing the dissolution of a religious organization, religious affiliate or religious educational institution through mass media
1. 15 days after the date of dissolution, the dissolution of a religious organization, religious affiliate or religious educational institution shall be published on five issues of a printed newspaper or online newspaper of the central government or local government of the area where the base of such religious organization, religious affiliate or religious educational institution exists.
2. Each competent authority, religious organization and religious affiliate that has the right to carry out dissolution shall publish the dissolution as prescribed in Clause 1 of this Article.
Article 15. Shutdown of a religious organization, religious affiliate or religious educational institution and its right to file complaints
1. The religious organization, religious affiliate or religious educational institution shall shut down from the date on which the competent authority issues a decision on the dissolution.
2. Any religious organization, religious affiliate or religious educational institution that is dissolved as prescribed in Articles 11 and 13 of this Decree but disagrees with the dissolution decision has the right to lodge a complaint in accordance with regulations of the law on complaints. Pending the complaint settlement, the religious organization, religious affiliate or religious educational institution shall not carry out any religious activities or provide religious education.
Article 16. Renovation, upgrade and construction of folk religious buildings, religious buildings and auxiliary works
1. Auxiliary works shall be renovated, upgraded and constructed as prescribed in Clauses 2 and 3 Article 58 of the Law.
2. When innovating or installing equipment in a folk religious building or religious building that is not a historical and cultural site/monument or scenic landscape ranked by a competent authority without changing its bearing structure or capacity and affecting environment and safety, the construction license is exempted.
Chapter IV
APPROVAL FOR AND REGISTRATION OF ORDINATION, APPOINTMENT, ELECTION AND SELECTION THAT INVOLVE FOREIGN ELEMENTS
Article 17. Procedures for granting approval for ordination, appointment, election and selection that involve foreign elements
1. In case a religious organization has a follower who holds Vietnamese citizenship and is expected to be ordained, appointed, elected or selected as a dignitary or sub-dignitary in Vietnam by a foreign religious organization, such organization shall submit an application to the central government’s folk belief and religion authority.
An application includes:
a) An application form, which specifies the applicant’s name and base; the foreign religious organization's name and base; reason for application; full name of the proposed person; his/her rank, position and area of operation before and after being ordained, appointed, elected or selected;
b) The written summary of religious activities of the person to be ordained, appointed, elected or selected;
c) The resume and judicial record of the person to be ordained, appointed, elected or selected;
2. The religious organization that ordains or selects a foreigner residing lawfully in Vietnam for a hierarchical rank shall submit an application to the central government’s folk belief and religion authority.
An application includes:
a) An application form, which specifies the religious organization’s name and base; reason for application; full name, hierarchical rank (if any) and nationality of the proposed person; hierarchical rank to be proposed;
b) The written summary of religious activities of the proposed person;
c) The degree issued by a Vietnamese religious educational institution;
d) A copy of the passport, original or certified true copy of the judicial record or a document certifying that the proposed person is not an offender or does not incur criminal prosecution, which is granted by the foreign competent authority and consularly legalized, except for the cases in which consular legalization is exempted under the treaty to which Vietnam is a signatory according to the principle of reciprocity. In case the proposed person has resided in Vietnam for 06 consecutive months, an original of the judicial record issued by a Vietnamese competent authority is required.
3. The central government’s folk belief and religion authority shall respond in writing to the ordination, appointment, election or selection prescribed in Clauses 1 and 2 of this Article within 60 days from the receipt of the satisfactory application. In the case of rejection of the application, written explanation shall be provided.
4. The person for whom ordination, appointment, election or selection that involves foreign elements is proposed but is yet to be approved by the central government’s folk belief and religion authority shall not use the title to be ordained, appointed, elected or selected to carry out religious activities in Vietnam.
Article 18. Procedures for registration as a dignitary or sub-dignitary by a Vietnamese citizen ordained, appointed, elected or selected abroad
1. The religious organization or religious affiliate that directly manages a Vietnamese citizen ordained, appointed, elected or selected abroad by a foreign religious organization shall apply to the central government's folk belief and religion authority for such person’s return to Vietnam to assume the role of a dignitary or sub-dignitary.
An application includes:
a) An application form, which specifies the name and base of the religious organization or religious affiliate; full name, area of operation, rank and position of the applicant in the foreign country and Vietnam;
b) The resume and judicial record of the applicant;
c) The applicant’s written summary of religious activities carried out abroad;
d) Documentary evidences for rank, position and area of operation of the person ordained, appointed, elected or selected abroad.
2. The central government’s folk belief and religion authority shall respond in writing within 60 days from the receipt of the satisfactory application. In the case of rejection of the application, written explanation shall be provided.
3. Any Vietnamese citizen applying for registration as a dignitary or sub-dignitary shall carry out religious activities according to their rank and position after the central government’s folk belief and religion authority grants approval for the registration.
Chapter V
FUNDRAISING; RECEIPT AND MANAGEMENT OF FINANCIAL AIDS FROM FOREIGN ORGANIZATIONS AND INDIVIDUALS
Article 19. Fundraising by folk religious establishments, religious organizations and religious affiliates
1. Every folk religious establishment, religious organization and religious affiliate shall organize the fundraising to carry out religious activities, practice folk beliefs and do charity work on a voluntary basis in accordance with relevant regulations of soft law.
2. The representative or management of a folk religious establishments; religious organization or religious affiliate shall notify the competent authority specified in Clause 3 of this Article of the fundraising. The notification shall specify purpose, location, methods and time for the fundraising; methods for managing and using collected property.
3. The power to receive notification:
a) 05 working days before the fundraising, the folk religious establishment, religious organization or religious affiliate shall send a notification to the People’s Committee of the commune where the fundraising is conducted in case it is conducted within a commune;
b) 10 days before the fundraising, the folk religious establishment, religious organization or religious affiliate shall send a notification to the People’s Committee of the district where the fundraising is conducted in case it is conducted outside a commune but within a district or provincial or central-affiliated city;
c) 15 days before the fundraising, the folk religious establishment, religious organization or religious affiliate shall send a notification to the People’s Committee of the province where the fundraising is conducted, regarding the case not mentioned in Points a and b Clause 3 of this Article.
4. The fundraising by a folk religious establishment, religious organization or religious affiliate shall be recorded in a public and transparent manner. The collected property must be managed and used for the purposes included in the notification and serve religious activities, practice of folk beliefs and charity work.
5. It is not allowed to take advantage of the name of a folk religious establishment, religious organization or religious affiliate to conduct fundraising for personal gain or for illegal purposes.
6. The receiving authority shall inspect the compliance with Clauses 4 and 5 of this Article.
Article 20. Receipt of financial aids from foreign organizations and individuals by religious organizations and religious affiliates
Any religious organization and religious affiliate that receives financial aids from religious organizations and religious affiliates to serve the provision of training in religion for religious practitioners, repair, innovation, upgrade and construction of religious establishments, organization of religious ceremonies, and publishing and import of scriptures and religious articles shall comply with the Government's regulations on management and use of grant.
Chapter VI
IMPLEMENTATION
Article 21. Forms used in following administrative procedures in the field of folk belief and religion
1. The Appendix containing the forms used in following administrative procedures in the field of folk belief and religion is promulgated together with this Decree.
2. Relevant organizations and individuals shall use the forms used in following administrative procedures in the field of folk belief and religion in this Decree.
Article 22. Responsibilities of the Ministry of Home Affairs and relevant authorities
1. The Ministry of Home Affairs is a central government’s folk belief and religion authority responsible to the Government for state management of religion, religious activities and folk religious establishments not prescribed in Clause 2 of this Article.
2. The Ministry of Culture, Sports and Tourism is responsible to the Government for state management of folk belief festivals and folk religious establishments that are historical and cultural sites/monuments, scenic landscapes that have been ranked or included in the list of local monuments and sites by the People’s Committee of the province.
3. Relevant Ministries and ministerial agencies shall, within their jurisdiction, assist the Government in state management of folk belief and religion.
4. During the implementation of regulations specified in the Law on Religion and Folk Belief and this Decree, in the cases that are within the power of the Ministry of Home Affairs, the Government Committee for Religious Affairs (the Ministry of Home Affairs) shall receive documents and take charge and cooperate with relevant ministries and local governments in submitting them to the Minister of Home Affairs for decision. In the cases that are within the power of People's Committees at all levels, the authorities specialized in folk belief and religion at the same level shall receive documents and take charge and cooperate with relevant authorities in submitting them to the People’s Committee for decision for decision, except for the organization of folk belief festivals, and management and use of revenues from the organization of folk belief festivals prescribed in Articles 13, 14 and 15 of the Law.
Article 23. Receipt of applications
1. Any organization and individual following administrative procedures in accordance with regulations of the Law on Religion and Folk Belief and this Decree shall submit an application to the competent authority, whether directly, by post or through online public services.
2. Upon receipt of the satisfactory application, the competent authority shall provide an appointment note. In case the application is unsatisfactory, the competent authority shall instruct the applicant to complete it as prescribed. The time for completing the application excludes the time limit for returning the result.
Article 24. Effect
1. This Decree comes into force from January 01, 2018.
2. The Government’s Decree No. 92/2012/ND-CP dated November 08, 2012 is null and void from the effective date of this Decree.
Article 25. Responsibility for implementation
Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities are responsible for the implementation of this Decree./.
| ON BEHALF OF THE GOVERNMENT |
File gốc của Decree No. 162/2017/ND-CP dated December 30, 2017 guidelines for implementation of the Law on Religion and Folk Belief đang được cập nhật.
Decree No. 162/2017/ND-CP dated December 30, 2017 guidelines for implementation of the Law on Religion and Folk Belief
Tóm tắt
Cơ quan ban hành | Chính phủ |
Số hiệu | 162/2017/ND-CP |
Loại văn bản | Nghị định |
Người ký | Nguyễn Xuân Phúc |
Ngày ban hành | 2017-12-30 |
Ngày hiệu lực | 2018-01-01 |
Lĩnh vực | Văn hóa - Xã hội |
Tình trạng | Còn hiệu lực |