Chương VI Luật Tín ngưỡng, tôn giáo 2016: Hoạt động tôn giáo; hoạt động xuất bản, giáo dục, y tế, bảo trợ xã hội, từ thiện, nhân đạo của tổ chức tôn giáo

Chapter VI

RELIGIOUS ACTIVITIES; PUBLICATION, EDUCATION, HEALTH CARE, SOCIAL PROTECTION, CHARITABLE AND HUMANITARIAN ACTIVITIES OF RELIGIOUS ORGANIZATIONS

Part 1. RELIGIOUS ACTIVITIES

Article 43. Notification of the list of religious activities

1. A religious organization, religious affiliate or organization with certified registration of religious activities shall be responsible for notifying the following bodies in writing of the list of annual religious activities in no more than 30 days from the date of accreditation, approval or certification of registration of religious activities:

a) An organization whose religious activities occur solely in one commune shall notify the People's Committee of the commune;

b) An organization whose religious activities occur in multiple communes of a district shall notify the People's Committee of the district;

c) An organization whose religious activities occur in multiple districts of a province shall notify the provincial body specialized in folk belief and religion;

d) An organization whose religious activities occur in multiple provinces shall notify the central government’s body responsible for state management of folk belief and religion.

2. The notification shall specify the name of the organization, the name, time and location of the religious activities.

3. The notification of the list of annual religious activities shall be sent only once. The representative(s) of the organization shall be responsible for sending an additional notification of a religious activity not defined in the announced list, pursuant to Section 1 and Section 2 of this Article, in at least 20 days prior to the occurrence of the activity.

Article 44. Conferences of religious organizations and religious affiliates

1. A religious organization or religious affiliate shall be responsible for notifying its organization of an annual conference in writing to the competent government authority defined in Section 3, Article 45 herein in at least 20 days prior to the date of conference.

The notification shall specify the name of the organization, expected participants, quantity of attendants; content, agenda, time and venue of the conference.

2. A religious organization or religious affiliate shall be responsible for filing a written request to the central government's body responsible for state management of folk belief and religion when holding an inter-religious conference or a conference that involves foreign elements. The request shall specify the name of the organization; reason(s), expected participants, quantity of attendants; content, agenda, time and location of the conference.

The central government’s body responsible for state management of folk belief and religion shall revert in writing in 45 days upon receiving a valid application. If the application is rejected, reason(s) shall be notified.

Article 45. General meetings of religious organizations, religious affiliates and organizations with certified registration of religious activities

1. A religious organization, religious affiliate or organization with certified registration of religious activities shall be responsible for applying in writing to the competent government authority defined in Section 3 of this Article before holding a general meeting.

2. The application includes:

a) The application form, which specifies the name of the organization; reason(s), expected participants, quantity of attendants; content, agenda, time and location of the conference;

b) The organization’s activity conclusion report;

c) The draft of the charter or the amended charter (if available).

3. The authority to approve the organization of general meetings:

a) People’s Committee of a district shall be responsible for responding in writing to the organization of a general meeting of a religious affiliate that operates solely in the district in 25 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

b) The body specialized in folk belief and religion in a province shall be responsible for responding in writing to the organization of a general meeting of a religious organization, religious affiliate or organization with certified registration of religious activities which operates in multiple districts of the province in 30 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

c) The central government’s body responsible for state management of folk belief and religion shall be responsible for responding in writing to the organization of general meetings beyond the scope of Point a and Point b, Section 3 of this Article in 45 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

Article 46. Ceremonies and sermons outside religious establishments and legitimate locations

1. A religious organization, religious affiliate or organization with certified registration of religious activities shall be responsible for applying in writing to the competent government authority defined in Section 3 of this Article before organizing a ceremony outside a registered religious establishment or legitimate location.

The application shall specify the name of the applicant organization, the name of the ceremony, the presiding person(s), the ceremony’s content, agenda, time, location, scope and participants.

2. A dignitary, sub-dignitary or monastic shall be responsible for applying in writing to the competent government authority defined in Section 3 of this Article before delivering a sermon outside his area of operation or a registered religious establishment or legitimate location.

The application shall specify the applicant’s full name, content, agenda, time, location, scope and participants.

3. The authority to approve the organization of a ceremony or sermon outside a religious establishment or legitimate location:

a) People’s Committee of a district shall be responsible for responding in writing to the organization of a ceremony or sermon solely in the district in 25 days upon receiving a valid application. If the application is rejected, reason(s) shall be notified.

b) The body specialized in folk belief and religion in (a) province(s) where the ceremony or sermon expectedly occurs shall be responsible for responding in writing to the organization of such ceremony or sermon in multiple districts of the province or in multiple provinces in 30 days upon receiving the valid application. If the application is rejected, reason(s) shall be notified.

4. The governmental body that has authority over the area where the ceremony or sermon proceeds shall be responsible for supporting the maintenance of order and security of such ceremony or sermon.

Part 2. RELIGIOUS ACTIVITIES THAT INVOLVE FOREIGN ELEMENTS

Article 47. Congregational religious practice of foreigners residing lawfully in Vietnam

1. Foreigners residing lawfully in Vietnam shall apply in writing to the People’s Committee of the province where they desire to practice religion in congregation in a religious establishment or at a legitimate location.

2. The application includes:

a) The application form, which specifies the full name, nationality and religion of the representative; reason(s), time, agenda, quantity of participant, religious establishment or location at which the event expectedly occurs;

b) The certified copies of the written evidences of the representative's lawful residency in Vietnam;

c) The written approval of the representative(s) of the religious establishment or the written evidences of the availability of a legitimate location for congregational religious practice.

3. Province 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 48. Religious activities and international religious relations activities of foreign individuals and organizations in Vietnam

1. A religious organization or religious affiliate shall be responsible for applying in writing to the competent government authority defined in Section 3 of this Article for inviting a foreign organization or individual to Vietnam to carry out religious activities or international religious relations activities.

2. The application includes:

a) The application form, which specifies the name of the inviting organization; the name of the organization or individual invited; purpose(s) and content of the activities; the list of invitees; the expected agenda, time and location;

b) The brief introduction of main activities of the foreign organization or individual;

c) The written evidences of the religious title of the person(s) invited.

3. The authority to approve religious activities or international religious relations activities of foreign organizations and individuals in Vietnam:

a) People’s Committee of a province shall be responsible for responding in writing to a full and valid application for inviting a foreign organization or individual to Vietnam to conduct religious activities solely in the province in 30 days upon receiving such application. If the application is rejected, reason(s) shall be specified;

b) The central government’s body responsible for state management of folk belief and religion shall be responsible for responding in writing to a full and valid application for inviting a foreign organization or individual to Vietnam to conduct religious activities in multiple provinces or to conduct international religious relations activities in 45 days upon receiving such application. If the application is rejected, reason(s) shall be notified.

4. An organization with certified registration of religious activities shall be responsible for applying in writing to the competent government authorities defined in Section 2 and Section 3 of this Article for inviting a foreign dignitary or monastic to deliver sermon.

5. A group of foreigners practicing religion in congregation shall be responsible for applying in writing, pursuant to Section 2 of this Article, to the central government's body responsible for state management of folk belief and religion for inviting a foreign dignitary or monastic to deliver sermon.

The central government’s body responsible for state management of folk belief and religion shall revert in writing in 45 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

6. During their delivery of sermon, the foreign dignitaries and monastics shall abide by the regulations of the religious organization, religious affiliate or organization with certified registration of religious activities in Vietnam and shall adhere to the law of Vietnam.

Article 49. Foreign learners in religious educational institutions in Vietnam

1. A foreigner pursuing education in a religious educational institution in Vietnam has to reside lawfully in Vietnam, adheres to the law of Vietnam and enrolls voluntarily. In addition, the religious educational institution has to apply in writing to the central government's body responsible for state management of folk belief and religion for such foreign learner.

2. The application includes:

a) The application form, which specifies the name of the religious educational institution; the full name and nationality of the learner, the course and timetable;

b) The notarized Vietnamese translation of the learner’s passport.

c) The central government’s body responsible for state management of folk belief and religion shall revert in writing in 45 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

Article 50. Participation in overseas religious activities and religious education

1. A religious organization or religious affiliate shall be responsible for applying in writing to the central government’s body responsible for state management of folk belief and religion for assigning a dignitary, sub-dignitary, monastic or follower to participating in a religious activity or to pursue religious education abroad.

2. The application includes:

a) The application form, which specifies the name of the organization, purpose(s), agenda, time, location of the overseas religious activity or religious education;

b) The letter of invitation or the written approval by the overseas religious organization of the participation in its religious activity or education.

3. The central government’s body responsible for state management of folk belief and religion shall revert in writing in 45 days upon receiving a full and valid application. If the application is rejected, reason(s) shall be notified.

Article 51. Ordination, appointment, election and selection that involve foreign elements

1. A process of ordination, appointment, election or selection involves foreign elements in the following circumstances:

a) A Vietnamese religious organization ordains or selects a foreigner residing lawfully in Vietnam for a hierarchical rank;

b) A foreign religious organization ordains, appoints, elects or selects a Vietnamese citizen in Vietnam.

2. The individuals for whom ordination, appointment, election or selection is proposed shall be subject to the requirements in Section 2, Article 32 herein. A foreigner residing lawfully in Vietnam, for whom ordination or selection for hierarchical rank is proposed, shall also be subject to the following requirements:

a) Be permitted to teach religion in religious educational institutions in Vietnam;

b) Adhere to the law of Vietnam.

3. The process of ordination, appointment, election or selection, which involves foreign elements pursuant to Section 1 of this Article, shall attain the approval of the central government's body responsible for state management of folk belief and religion before it occurs.

4. The religious organization or religious affiliate that directly manages a Vietnamese citizen ordained, appointed, elected or selected abroad by a foreign religious organization shall be responsible for applying to the central government's body responsible for state management of folk belief and religion for such person’s return to Vietnam to assume the role of a dignitary or sub-dignitary.

5. The government shall elaborate the procedure for approval and registration of ordination, appointment, election and selection that involve foreign elements pursuant to this Article.

Article 52. International relations activities of religious organizations, religious affiliates, dignitaries, sub-dignitaries, monastics and followers

1. A religious organization, its religious affiliates, dignitaries, sub-dignitaries, monastics and followers shall carry out international relations activities in abidance by the charter of the religious organization in accordance with the law of Vietnam.

2. When conducting international relations activities, a religious organization, its religious affiliates, dignitaries, sub-dignitaries, monastics and followers shall adhere to the law of Vietnam and the law of the related country.

Article 53. Accession to foreign religious organizations

1. Before joining a foreign religious organization, a religious organization shall be responsible for applying in writing to the central government’s body responsible for state management of folk belief and religion.

2. The application includes:

a) The application form, which specifies the name of the religious organization, purpose(s) and time of accession; the name, charter, principles, objectives and headquarter of the foreign religious organization;

b) The written approval or letter of invitation of the foreign religious organization.

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

4. When terminating its membership in a foreign religious organization, a religious organization shall be responsible for notifying the central government’s body responsible for state management of folk belief and religion in no more than 20 days from the date of termination.

The notification shall specify the name of the religious organization, the name of the foreign religious organization that the former joined, reason(s) and time of withdrawal.

Part 3. PUBLICATION, EDUCATION, HEALTH CARE, SOCIAL PROTECTION, CHARITABLE AND HUMANITARIAN ACTIVITIES

Article 54. Publishing, production, exportation and importation of cultural products

It is permitted to publish scriptures and other publications on folk belief and religion; to produce, export and import cultural products concerning folk belief and religion and religious articles pursuant to the legislation on publication and other legal regulations.

Article 55. Education, health care, social protection, charitable and humanitarian activities

It is permitted to participate in the activities of education, health care, social protection, charity and humanitarian pursuant to relevant laws.