Chương VIII Luật Tín ngưỡng, tôn giáo 2016: Quản lý nhà nước và xử lý vi phạm pháp luật trong lĩnh vực tín ngưỡng, tôn giáo

Chapter VIII

STATE MANAGEMENT AND SETTLEMENT OF VIOLATIONS OF THE LEGISLATION ON FOLK BELIEF AND RELIGION

Part 1. STATE MANAGEMENT OF FOLK BELIEF AND RELIGION

Article 60. Content of state management of folk belief and religion

1. Set up policies and promulgate legislative documents on folk belief and religion.

2. Regulate the system for state management of folk belief and religion.

3. Organize the implementation of policies and legal regulations on folk belief and religion.

4. Propagate and educate in the legislation on folk belief and religion.

5. Conduct research in folk belief and religion; providing training to state officials and state employees who work in the sector of folk belief and religion.

6. Inspect and settle complaints, denunciations and violations of the legislation on folk belief and religion.

7. Uphold international relations in the sector of folk belief and religion.

Article 61. Responsibility for state manage of folk belief and religion

1. The government unifies the state management of folk belief and religion on nation-wide scale.

2. The central government’s body responsible for state management of folk belief and religion shall be held liable to the government for exercising the state management of folk belief and religion.

3. Ministries, ministerial-level agencies, People’s Committees shall exercise the state management of folk belief and religion under the scope of their missions and authority.

People’s Committees of the districts where communal and town-level administration divisions are not available shall concurrently exercise the missions and authority of a commune People’s Committee as prescribed herein.

Article 62. Inspection specialized in folk belief and religion

1. The inspection specialized in folk belief and religion is competent government authorities’ inspection of the adherence of agencies, organizations and individuals to the legislation on folk belief and religion.

The central government’s body responsible for state management of folk belief and religion shall be liable for directing and organizing the inspection specialized in folk belief and religion on nationwide scale.

2. The missions of inspection specialized in folk belief and religion are:

a) Inspect the People’s Committees' implementation of policies and laws on folk belief and religion;

b) Inspect the cases suspected of violating the legislation on folk belief and religion.

Article 63. Complaint, denunciation and litigation regarding folk belief and religion

1. The representative(s) or the management of a religious establishment, religious organization or religious affiliate, the dignitaries, sub-dignitaries, monastics, followers, organizations and individuals who have relevant rights and obligations shall have the right to file a complaint, an administrative lawsuit or civil lawsuit and to petition a Court for settling a civil matter in order to defend their legitimate rights and benefits as per relevant laws.

2. Individuals shall have the right to denounce violations of the legislation on folk belief and religion. The settlement of a denunciation against violation(s) of the legislation on folk belief and religion shall be subject to the legislation on denunciation.

Part 2. SETTLEMENT OF VIOLATIONS OF THE LEGISLATION ON FOLK BELIEF AND RELIGION

Article 64. Settlement of violations of the legislation on folk belief and religion

1. An organization or individual that commits an act of violation of the legislation on folk belief and religion or abuses folk belief or religion to violate the law shall incur administrative penalties or face criminal prosecution, on the basis of the nature and degree of such violation. Moreover, such organization or individual shall be liable for compensating for the damage caused as per legal regulations.

2. Pursuant to this Law and the Law of actions against administrative violations, the government shall define the acts of administrative violation, forms and levels of penalty, remedial solutions against each act of administrative violation; authority to impose penalty, specific levels of penalty, authority to make written records of the acts of administrative violation; application of administrative measures in the sector of folk belief and religion.

Article 65. Handling of state officials and stat employees violating the legislation on folk belief and religion

A state official or state employee who commits a following act of violation of the legislation on folk belief and religion during his official assignment shall incur disciplinary actions or face criminal prosecution, on the basis of the nature and degree of such violation, as per the law:

1. Abuse the position and authority to act against this Law and relevant laws;

2. Neglect management and lead to a violation of the legislation on folk belief and religion;

3. Violate the regulations on the administrative procedure for state management of folk belief activities and religious activities.