Chương V Luật Tín ngưỡng, tôn giáo 2016: Tổ chức tôn giáo

Chapter V

RELIGIOUS ORGANIZATIONS

Part 1. ACCREDITATION OF RELIGIOUS ORGANIZATIONS; ESTABLISHMENT, SPLIT-UP, SPIN-OFF, MERGER AND CONSOLIDATION OF RELIGIOUS AFFILIATES

Article 21. Requirements for accreditation of religious organizations

An organization with certified registration of religious activities shall be accredited as a religious organization on the following conditions:

1. It has operated stably and continuously for at least 05 years since the certification of its registration of religious activities;

2. It has a charter pursuant to Article 23 of this Law;

3. The representative(s) or head of the organization holds Vietnamese citizenship, resides permanently in Vietnam, possess full capacity for civil acts, is not bound by any remedial administrative measures concerning folk belief or religion, is not associated with any conviction records or is not accused of any crimes pursuant to the legislation on criminal procedure;

4. Its organizational structure adheres to its charter;

5. It has assets independent from other organizations and individuals, and it assumes liabilities with its own assets.

6. It engages in legal relations independently.

Article 22. Procedure and authority to accredit religious organizations

1. An organization that qualifies pursuant to Article 21 herein shall apply in writing to competent government authority defined in Section 3 of this Article for accreditation as a religious organization.

2. The application includes:

a) The form of application, which specifies the name of the applicant organization, the international transaction name (if available); the name of the religion; the full name of the representative(s); the quantity of followers, the area of operation at the time of application; the organizational structure and its base;

b) The written summary of its operational progress since the certificate of its registration of religious activities;

c) The list, resumes, judicial records and summaries of religious activities of the representative and expected leaders of the organization;

d) The written summary of the religious tenets, laws and rites;

dd) The charter of the organization;

e) The written declaration of the organization's legitimate assets;

g) The written evidences of the availability of a legitimate location for its facilities.

3. Authority to accredit a religious organization:

a) People’s Committee of a province shall decide on the accreditation of religious organizations that operate solely in such province in 60 days upon receiving a full and valid application. If an application is rejected, reason(s) shall be notified;

b) The central government’s body responsible for state management of folk belief and religion shall decide on the accreditation of religious organizations operating in multiple provinces in 60 days upon receiving a full and valid application. If an application is rejected, reason(s) shall be notified.

Article 23. Charter of a religious organization

The charter of a religious organization shall fundamentally comprise:

1. The name of the organization;

2. Principles, objectives and rules of operation;

3. Area of operation, headquarter;

4. Finance, assets;

5. Legal representative, sample of the official seal;

6. Functions, missions, authority and organizational structure of the religious organization and religious affiliates;

7. Missions and authority of the management of the religious organization and religious affiliates;

8. Conditions, criteria, authority, methods of ordination, appointment, election, selection, relocation, dismissal, deposition of dignitaries, sub-dignitaries and monastics;

9. Conditions, authority and methods of dissolution of the religious organization; the establishment, split-up, spin-off, merger, consolidation and dissolution of the religious affiliates;

10. The organization of conferences and general meetings; formalities for approval of decisions on and amendments to the charter; rules and methods of settlement of internal conflicts;

11. The relations between the religious organization with religious affiliates and with other relevant organizations and individuals.

Article 24. Amendment to the charter

1. A religious organization shall register the amendments to its charter with competent government authority defined in Section 3, Article 22 herein. Its application for registration shall specify the name of the religious organization and representative(s), content and reason of amendment. The amended charter shall be also included in the application.

2. Competent government authorities shall be responsible for reverting in writing in 30 days upon receiving the valid application. If such application is rejected, reason(s) shall be notified.

3. The religious organization shall operate according to the amended charter upon acquiring the competent government authority's approval.

Article 25. Name of a religious organization

1. A religious organization shall be named in Vietnamese.

2. The name of the organization does not overlap with those of other religious organizations or the organizations with certified registration of religious activities, of the political organizations, of the socio-politic organizations or of the national heroes or men of greatness.

3. The religious organization shall use its name when interacting with other organizations and individuals.

4. The name of the religious organization shall be accredited and protected by the law.

5. The religious organization shall apply to the competent government authority defined in Section 3, Article 22 herein for changing its name.

6. The religious organization shall be responsible for applying to the competent government authority defined in Section 3, Article 29 herein for changing the names of its religious affiliates.

Article 26. Relocation of a religious organization’s base

1. A religious organization, when relocating its base, shall apply to the People’s Committee of the province where its base is relocated to for approval. Moreover, it shall notify in writing the competent government authority defined in Section 3, Article 22 herein.

2. A religious affiliate, when relocating its base, shall apply to the People’s Committee of the province where its base is relocated to for approval. Moreover, it shall notify in writing the competent government authority defined in Section 3, Article 29 herein.

Article 27. Establishment, split-up, spin-off, merger and consolidation of religious affiliates

1. A religious organization or religious affiliate can establish its religious affiliates, split them up, spin them off, merge them into another, or have them consolidate.

2. A religious affiliate, when split up, shall cease to exist and its rights and obligations shall be transferred to the new religious affiliates.

3. A religious affiliate, which is spun off, and the newly formed one shall carry out their rights and obligations in accordance with the purposes of operation.

4. A religious affiliate, when merged, shall cease to exist and its rights and obligations shall be transferred to the merging religious affiliate.

5. Religious affiliates, when consolidating, shall cease to exist upon the formation of the consolidated religious affiliate; and their rights and obligations shall be transferred to the one newly formed.

Article 28. Requirements for establishment, split-up, spin-off, merger and consolidation of religious affiliates

A religious organization’s or religious affiliate’s establishment, split-up, spin-off, merger and consolidation of religious affiliates are subject to the following conditions:

1. The charter of the religious organization stipulates the establishment, split-up, spin-off, merger and consolidation of religious affiliates;

2. The activities of the religious affiliate, before being split up, being spun off, being merged or consolidating, are not prohibited pursuant to Article 5 herein;

3. It is based at a legitimate location.

Article 29. Procedure and authority to approve the establishment, split-up, spin-off, merger and consolidation of religious affiliates

1. A religious organization or religious affiliate shall apply in writing to competent government authority defined in Section 3 of this Article for establishing, splitting up, spinning off, merging or consolidating religious affiliate(s).

2. The application includes:

a) The application form, which specifies the reasons(s), the name of the applicant organization; the name of the religious affiliate(s) to be formed; the name of the organization(s) and relevant representative(s) before and after the split-up, spin-off, merger or consolidation; the area of operation and quantity of followers of the religious affiliate(s) upon its (their) initial formation; the area of operation and quantity of followers of the religious affiliate(s) before and after the split-up, spin-off, merger or consolidation; the organizational structure and expected location(s) of the religious affiliate(s) after its (their) formation, split-up, spin-off, merger or consolidation;

b) The written summary of operation of the religious affiliate(s) before the split-up, spin-off, merger or consolidation;

c) The list, resumes, judicial records and summaries of religious activities of the representative(s) and expected leaders of the religious affiliate(s);

d) The charter, if available, of the religious affiliate(s);

dd) The written declaration of legitimate assets of the religious affiliate(s);

e) The written evidences of the availability of legitimate location(s) for its (their) facilities.

3. The following authorities shall approve the establishment, split-up, spin-off, merger and consolidation of religious affiliates:

a) People’s Committee of a province shall be responsible for responding in writing to a full and valid application for the establishment, split-up, spin-off, merger or consolidation of religious affiliate(s) operating solely in such province in 60 days upon receiving such application. If the application is rejected, reason(s) shall be notified;

b) The central government’s body responsible for state management of folk belief and religion shall respond in writing to a full and valid application for the establishment, split-up, spin-off, merger or consolidation of religious affiliate(s) operating in multiple provinces in 60 days upon receiving such application. If the application is rejected, reason(s) shall be notified.

4. Upon the approval of the competent government authority, the religious organization or religious affiliate shall initiate in writing the establishment, split-up, spin-off, merger or consolidation of religious affiliate(s).

The written approval of the competent government authority shall lose effect after 01 year during which the religious organization or religious affiliate has not established, split up, spin off, merger or consolidate any religious affiliate.

Article 30. Juridical personality of religious organizations and religious affiliates

1. A religious organization becomes a non-commercial juridical person upon its accreditation by the competent government authority.

2. A religious organization shall apply in writing to the competent government authority defined in Section 3, Article 29 herein for registration of non-commercial juridical personality of a religious affiliate upon satisfying the requirements defined in Section 5 and 6, Article 21 herein.

3. The government shall stipulate detail on the procedure for registration of juridical personality of religious affiliates.

Article 31. Dissolution of religious organizations and religious affiliates

1. A religious organization or religious affiliate shall dissolve:

a) In adherence to its charter;

b) In the event that it has not conducted religious activities for 01 year upon being accredited or permitted by the competent government authority for its establishment, split-up, spin-off, merger or consolidation; or in the event that it has discontinued religious activities continuously for 01 year;

c) In the event that it has not rectified the cause of the full suspension of its religious activities when such suspension expires.

2. The government authority competent to accredit a religious organization shall be entitled to dissolve such organization.

The religious organization or religious affiliate shall be entitled to dissolve its religious affiliates. Competent government authorities defined in Section 3, Article 29 herein shall be entitled to dissolve or to request a religious organization or religious affiliate to dissolve its religious affiliates in the events prescribed in Point b and Point c, Section 1 of this Article.

3. A religious organization or religious affiliate, before dissolving, shall fulfill every of its asset-related obligations. The assets of the religious organization or religious affiliate dissolved shall be handled pursuant to the legislation on civil matters.

A religious organization or religious affiliate shall be responsible for notifying the dissolution of its religious affiliates to the competent government authority defined in Section 3, Article 29 herein in no more than 20 days from the date of dissolution of the religious affiliates.

4. The government shall stipulate detail on the procedure for dissolution of religious organizations and religious affiliates.

Part 2.  ORDINATION, APPOINTMENT, ELECTION, SELECTION, RELOCATION, DISMISSAL AND DEPOSITION OF DIGNITARIES, SUB-DIGNITARIES AND MONASTICS

Article 32. Ordination, appointment, election and selection of dignitaries and sub-dignitaries

1. The processes of ordination, appointment, election and selection in a religious organization or its religious affiliates shall be subject to the charter of the religious organization.

2. The individuals ordained, appointed, elected or selected shall possess full capacity for civil acts, is not bound by any remedial administrative measures concerning folk belief or religion, is not associated with any conviction records or is not accused of any crimes pursuant to the legislation on criminal procedure.

3. The processes of ordination, appointment, election or selection that involve foreigners shall be subject to Article 51 herein.

Article 33. Notification of the dignitaries ordained or selected

1. A religious organization shall be responsible for notifying the central government’s body responsible for state management of folk belief and religion in writing of the individuals ordained or selected as “hoà thượng” (most venerable), “thượng toạ” (venerable), “ni trưởng” (master of nuns) or "ni sư” (abbess) in Vietnam Buddhist Sangha; as “mục sư" (pastor) in Evangelical orders; as "phối sư” (archbishop) or holders of a higher rank in caodaist churches; as "giảng sư" (expounder) in Vietnamese Pure Land Buddhist Association and as holders of equivalent ranks in other religions in no more than 20 days from the date of ordination or selection.

2. The religious organization shall be responsible for delivering a notification of the ordination or selection of the dignitaries not prescribed in Section 1 of this Article in writing to the body specialized in folk belief and religion in the province where such dignitaries reside and conduct religious activities in no more than 20 days from the date of ordination or selection.

3. The notification shall specify the name of the religious organization, the full name, rank, area of operation and summarized history of religious activities of the dignitaries. In addition, such notification shall be attached with their resumes and judicial records.

4. If a dignitary ordained or selected does not meet the requirements in Section 2, Article 32 herein, the competent government authority shall request the religious organization in writing to annul the result of ordination or election.

In 20 days upon receiving the written request, the religious organization shall be responsible for rescinding the result of ordination or selection of the dignitary and for notifying the competent government authorities defined in Section 1 and Section 2 of this Article in writing of such annulment.

Article 34. Registration of sub-dignitaries appointed, elected or selected

1. A religious organization shall be responsible for applying to the central government’s body responsible for state management of folk belief and religion for registration of the appointment, election or selection of the following sub-dignitaries:

a) Members of the management of a religious organization that operates in multiple provinces;

b) Leader of a religious affiliate that operates in multiple provinces;

c) Head of a religious educational institution.

2. Before appointing, electing or selecting sub-dignitaries not prescribed in Section 1 of this Article, a religious organization or religious affiliate shall be responsible for applying thereof in writing to the body specialized in folk belief and religion in the province where the sub-dignitaries reside and conduct religious activities.

3. An organization with certified registration of religious activities shall apply in writing to the competent government authority defined in Section 3, Article 19 herein for registration before appointing, electing or selecting sub-dignitaries.

4. The application includes:

a) The application form, which specifies the full name of the individuals appointed, elected or selected; their ranks and area of operation before and after appointed, elected or selected;

b) The resumes and judicial records of the individuals to be appointed, elected or selected;

c) The written summary of religious activities of the individuals to be appointed, elected or selected;

5. Competent government authorities defined in Section 1, 2 and 3 of this Article shall be responsible for reverting in writing in 20 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

6. Religious organizations, religious affiliates and organizations with certified registration of religious activities shall be responsible for notifying the competent government authorities defined in Section 1 and Section 2 of this Article and Section 3, Article 19 herein in writing of the individuals appointed, elected and selected in no more than 20 days from the date of appointment, election or selection.

7. The notification of the appointment, election or selection of the expected leaders of the organizations prescribed in Article 19, 22, 29 and 38 herein, after the competent government authorities grant approval, shall be subject to Section 6 of this Article.

Article 35. Relocation of dignitaries, sub-dignitaries and monastics

1. A religious organization or religious affiliate shall be responsible for notifying the bodies specialized in folk belief and religion in the provinces of departure and destination in at least 20 days prior to the relocation of a dignitary, sub-dignitary or monastic.

The notification shall specify the name of the notifying organization, the full name, rank and position of the individuals relocated, the reason of relocation, the area of religious operation before and after relocation.

2. The religious organization or religious affiliate shall be responsible for applying in writing to the People’s Committee of the province of destination for registration before relocating a dignitary, sub-dignitary or monastic against whom a charge is being pressed or on whom a criminal record exists.

The application shall specify the name of the applicant organization, the full name, rank and position of the individuals relocated, the reason of relocation, the area of religious operation before and after relocation.

Provincial People’s Committee shall be responsible for reverting in writing in 30 days upon receiving a valid application. If the application is rejected, reason(s) shall be notified.

Article 36. Dismissal and deposition of dignitaries and sub-dignitaries

1. A religious organization or its religious affiliate shall dismiss or depose a dignitary or sub-dignitary in accordance with its charter.

2. In no more than 20 days upon issuing the written decision on dismissal or deposition of a dignitary or sub-dignitary, the religious organization or religious affiliate shall be responsible for sending a written notification to the competent government authorities defined in Section 1 and Section 2, Article 33 and in Section 1 and Section 2, Article 34 herein.

The notification shall specify the full name, rank and position of the individual(s) dismissed or deposed and the reason(s) of dismissal or deposition. In addition, the notification shall be enclosed with the written decision of the religious organization or religious affiliate on the dismissal or deposition.

3. An organization with certified registration of religious activities shall be responsible for sending a written notification, pursuant to Section 2 of this Article, to the competent government authority defined in Section 3, Article 19 herein.

Part 3. RELIGIOUS EDUCATIONAL INSTITUTIONS AND RELIGIOUS TRAINING COURSES

Article 37. Requirements for establishment of a religious educational institution

A religious organization can establish a religious education institution on the following conditions:

1. Have adequate educational infrastructure;

2. Have a legitimate location for the educational institution;

3. Have educational curricula and programs, which include the study of the history and law of Vietnam;

4. Have managerial and instructing personnel who meet educational requirements.

Article 38. Procedure and authority to approve the establishment of a religious educational institution

1. Before establishing a religious educational institution, a religious organization shall be responsible for applying in writing to the local agency responsible for state management of folk belief and religion.

2. The application includes:

a) The application form, which specifies the names of the religious organization and the religious educational organization, the full name of the representative(s) of the religious educational organization, and the necessity of establishment of the educational institution;

b) The list, resumes, judicial records and summaries of religious activities of the representative and expected leaders of the educational institution;

c) The draft of the religious educational institution's regulations of organization and operation, which basically states the name of the educational institution; its location, functions and mission; organizational structure, personnel; levels and form of education; programs, curricula and standards of each educational level; finance and assets;

d) The draft of the educational institution’s enrollment regulations;

dd) The written evidences of the availability of a legitimate location and facilities for educational activities; and the written approval by the provincial People’s Committee of the location of the educational institution.

3. The central government’s body responsible for state management of folk belief and religion shall respond in writing to a full and valid application for the establishment of a religious educational institution in 60 days upon receiving such application. If the application is rejected, reason(s) shall be notified.

4. After obtaining the approval of the competent government authority, the religious organization shall initiate the establishment of the religious educational institution in writing.

The written approval of the competent government authority shall lose effect after 03 years during which the religious organization has not established an educational institution.

5. Religious educational institutions are not a part of the national education system.

Article 39. Operations of a religious educational institution

1. In at least 20 days prior to the commencement of a religious educational institution's operations, the representative(s) of a religious educational institution shall be responsible for notifying the central government’s body responsible for state management of folk belief and religion in writing of the religious educational institution's operations. In addition, the notification shall be enclosed with the written statement of establishment, regulations of organization and operation, regulations of enrollment, list of members of the management, and report on financial resources and facilities for sustaining operations.

2. The religious educational institution shall organize its training and enrollment according to the announced regulations of organization, operation and enrollment.

3. The religious educational institution shall apply to the central government’s body responsible for state management of folk belief and religion for registration when amending its regulations of organization, operation and enrollment. The application shall specify the reason(s) and content of amendment and shall be enclosed with the amended regulations.

The competent government authority shall be responsible for reverting in writing in 45 days upon receiving a valid application. If such application is rejected, reason(s) shall be notified.

The religious educational institution shall operate according to the amended regulations upon the competent government authority's approval.

4. The religious educational institution shall be responsible for notifying the central government’s body responsible for state management of folk belief and religion in writing of the academic result of each training course in no more than 20 days from the final date of the course. The notification shall specify the name of the religious educational institution, the training course and the quantity of graduates.

5. Foreigners’ pursuit of education in a religious educational institution in Vietnam shall be subject to Article 49 herein.

Article 40. Guidance on the teaching of the history and law of Vietnam

The central government’s body responsible for state management of folk belief and religion shall lead and cooperate with the Ministry of Education and Training, Ministry of Justice and relevant agencies in providing guidelines for the curricula and content of instruction of the history of Vietnam and the law of Vietnam.

Article 41. Supplementary courses in religion

1. A religious organization or religious affiliate shall be responsible for applying for registration in writing to the body specialized in folk belief and religion in the province where it offers supplementary courses to religious practitioners. The application shall specify the name of the course(s), reason(s), timetable, content, curriculum, attendants and instructors.

The provincial body specialized in folk belief and religion shall be responsible for reverting in writing in 30 days upon receiving the valid application. If such application is rejected, reason(s) shall be notified.

2. A religious organization or religious affiliate shall be responsible for notifying the People’s Committee of the district where it offers a supplementary course in religion beyond the scope of Section 1 of this Article in at least 20 days prior to the starting date of the course. The notification shall specify the name of the course(s), reason(s), timetable, content, curriculum, attendants and instructors.

If the provision of a supplementary course in religion involves a prohibition defined in Article 5 herein, the district-level People's Committee shall request the religious organization or religious affiliate in writing not to provide or to cancel the supplementary course.

Article 42. Dissolution of a religious educational institution

1. A religious educational institution shall dissolve:

a) At the discretion of the religious organization;

b) Upon the expiration of the 3-year period, during which the religious educational institution has not organized any educational activities, from the date of the competent government authority's approval of its establishment;

c) In the event that it has not rectified the cause of the suspension of its religious activities when such suspension expires.

2. A religious organization has the right to dissolve its religious educational institutions. The central government’s body responsible for state management of folk belief and religion has the right to dissolve or request a religious organization to dissolve the latter’s religious educational institutions in the events defined in Point b and Point c, Section 1 of this Article.

The religious organization shall be responsible for notifying the central government’s body responsible for state management of folk belief and religion of the dissolution of a religious educational institution in no more than 20 days from the date of dissolution.

3. The government shall elaborate the procedure for dissolution of religious educational institutions.

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