Chương II Nghị định 95/2023/NĐ-CP : Sử dụng kinh sách, bày tỏ niềm tin tín ngưỡng, tôn giáo; thay đổi người đại diện, địa điểm sinh hoạt tôn giáo tập trung; thay đổi tên, trụ sở của tổ chức tôn giáo, tổ chức tôn giáo trực thuộc

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 NAMES AND RELOCATION OF BASES OF RELIGIOUS ORGANIZATIONS AND RELIGIOUS AFFILIATES

Section 1. USE OF SCRIPTURES AND MANIFESTATION OF FAITH OF RELIGION OR FOLK BELIEF; CHANGE OF REPRESENTATIVES AND LOCATIONS FOR CONGREGATIONAL RELIGIOUS PRACTICE OF CONGREGATIONAL PRACTICING GROUPS OF VIETNAMESE PERSONS

Article 4. Use of scriptures and manifestation of faith of religion or folk belief prescribed in Clause 5 Article 6 of the Law on Religion and Folk Belief

1. People subject to temporary detention or custody according to the law on temporary detention and custody, people serving imprisonment sentences, people sent to reformatories, compulsory education institutions or compulsory rehabilitation centers (hereinafter referred to as “people under detention”) are entitled to use scriptures legally published in the form of printed books 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. Assurance about and management of scriptures; time and locations for use of scriptures and manifestation of faith of folk belief or religion for people under detention at detention centers shall comply with internal rules and regulations of such detention centers. The Minister of Public Security, Minister of National Defense and Minister of Labor, War Invalids and Social Affairs shall provide specific guidance on issuance of internal rules and regulations of detention centers under their management.

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.

2. 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).

3. The People’s Committee of the commune shall respond in writing within 15 days from the receipt of the satisfactory application. In case of rejection of the application, written explanation shall be provided.

Article 6. Procedures for change of location 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 specified in Clause 2 of this Article to the People’s Committee of the commune.

2. 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) Written evidence of the availability of a 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.

3. 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 2 of this Article shall be enclosed with a 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.

4. The People’s Committee of the commune where the expected new location for congregational religious practice exists shall respond in writing to the change of the location within 20 days from the receipt of the satisfactory application. In the case of rejection of the application, written explanation shall be provided.

5. 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 give a notification to the People’s Committee of the commune where the old 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 termination of religious practice at the old location.

Section 2. CHANGE OF REPRESENTATIVES AND LOCATIONS FOR CONGREGATIONAL RELIGIOUS PRACTICE OF CONGREGATIONAL PRACTICING GROUPS OF FOREIGNERS LEGALLY RESIDING IN VIETNAM

Article 7. Procedures for change of representative of a congregational practicing group of foreigners legally residing in Vietnam

1. Before the change of the representative, the congregational practicing group of foreigners legally residing in Vietnam shall submit an application for registration to the People’s Committee of the province where the location for congregational religious practice exists.

2. An application includes:

a) An application form, which specifies the name of the religion; the name of the group; full name and nationality of the old representative; full name, nationality and residence in Vietnam of the new representative of the group; reason for and expected date of change;

b) Certified true copy of a document proving lawful residence in Vietnam of the new representative;

c) Minutes of the new representative election meeting (if any).

3. The People’s Committee of the province shall respond in writing within 30 days from the receipt of the satisfactory application. In case of rejection of the application, written explanation shall be provided.

Article 8. Procedures for change of location for congregational religious practice of foreigners legally residing in Vietnam

1. Before the change of the location for congregational religious practice within a province, the representative of the group shall submit an application to the People’s Committee of the province.

2. An application includes:

a) An application form, which specifies the name of the religion; the name of the group; full name and residence in Vietnam of the representative; reason for and expected date of change; location where the group is practicing religion and expected new location;

b) Written evidence of the availability of a legitimate location for religious practice;

c) Written approval granted by the representative of a religious establishment in case of congregational religious practice at the religious establishment.

3. Before the change of the location for congregational religious practice to another province, the representative of the group shall submit an application to the People’s Committee of the province where the new location exists.

The application prescribed in Clause 2 of this Article shall be enclosed with a copy of the written approval for registration of congregational religious practice granted by the People’s Committee of the province where the initial location for congregational religious practice is located.

4. The People’s Committee of the province where the expected new location for congregational religious practice exists shall respond in writing to the change of the location within 30 days from the receipt of the satisfactory application. In case of rejection of the application, written explanation shall be provided.

5. 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 give a notification to the People’s Committee of the province where the old location for congregational religious practice exists.

The written notification shall specify the name of the religion; the name of the group; full name of the representative of the group; date of change; new location for congregational religious practice; date of termination of religious practice at the old location.

Section 3. CHANGE OF NAME AND RELOCATION OF THE BASE OF A RELIGIOUS ORGANIZATION OR RELIGIOUS AFFILIATE

Article 9. 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 3 of this Article.

2. An application includes:

a) An application form, which specifies 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;

b) A 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;

c) A copy of the written approval for establishment, full division, partial division, merger or consolidation of the religious affiliate or a written confirmation granted by the competent authority;

d) A copy of written statement of establishment, full division, partial division, merger or consolidation of the religious affiliate of the religious organization or the supervisory religious organization in case of change of the religious affiliate’s name.

3. 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, respond in writing to the change of the name of the religious organization or religious affiliate operating within a province. In case of rejection of the application, 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, respond in writing to the change of the name of the religious organization or religious affiliate operating within multiple provinces. In case of rejection of the application, written explanation shall be provided.

Article 10. 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.

2. 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 copy of the decision on accreditation of the religious organization in case of relocation of its base to another province or a copy 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) Written evidence of the availability of a legitimate location for the new base;

3. 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 case of rejection of the application, written explanation shall be provided.

4. When relocating the base, the religious organization or religious affiliate operating within a province shall submit an application according to regulations in Points a, c and d Clause 2 of this Article 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 case of rejection of the application, written explanation shall be provided;

5. Within 10 days from the date of relocation to the new base, the religious organization or religious affiliate specified in Clauses 1 and 4 of this Article shall send a written notification of the relocation of its base to the central government’s religion and folk belief authority.  The religious organization or religious affiliate operating within multiple provinces shall send a written notification of the relocation of its base to 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.