Chương III Nghị định 95/2023/NĐ-CP : Đăng ký pháp nhân phi thương mại; đình chỉ, giải thể tổ chức tôn giáo, tổ chức tôn giáo trực thuộc, cơ sở đào tạo tôn giáo; công trình tín ngưỡng, công trình tôn giáo, công trình phụ trợ

Chapter III

REGISTRATION OF NON-COMMERCIAL JURIDICAL PERSON; SUSPENSION OF ACTIVITIES OF, DISSOLUTION OF RELIGIOUS ORGANIZATIONS, RELIGIOUS AFFILIATES AND RELIGIOUS EDUCATIONAL INSTITUTIONS; FOLK RELIGIOUS BUILDINGS, RELIGIOUS BUILDINGS AND AUXILIARY WORKS

Article 11. Procedures for issuance of certificate of registration of non-commercial juridical person to a religious affiliate

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 3 of this Article.

2. An application includes:

a) An application form, which specifies the name, base and representative of the religious organization; the name, base, location for operation, organizational structure, quantity of followers, dignitaries, sub-dignitaries and monastics of the religious affiliate 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 from the date of establishment, full division, partial division, merger or consolidation;

c) 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.

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

Article 12. Suspension of all activities of a religious organization or religious affiliate

1. The religious organization or religious affiliate has its activities suspended when committing one of the serious violations specified in Clause 4, Clause 5 Article 5 of the Law on Religion and Folk Belief.

2. Depending on nature and extent of violation committed by of the religious organization or religious affiliate and the ability of the religious organization to rectify the situation that leads to the suspension, the decision-making authority shall determine the duration of suspension which must not exceed 24 months.

3. The decision to suspend all religious activities shall be made in writing. It shall specify the name of the organization, the representative, the base of the religious organization or religious affiliate; situation and duration of suspension; responsibilities for rectification of the situation that leads to the suspension.

4. Power to suspend all religious activities of a religious organization or religious affiliate:

a) The People’s Committee of the province has the power to suspend all religious activities of the religious organization or religious affiliate operating within a province;

b) The central government’s religion and folk belief authority has the power to issue a decision to suspend all religious activities of the religious organization or religious affiliate operating within multiple provinces.

5. Before issuing the decision to suspend all religious activities of the religious organization or religious affiliate, the competent authority specified in Clause 4 of this Article shall conduct inspection and conclude that the religious organization or religious affiliate commits one of the serious violations specified in Clauses 4 and 5 Article 5 of the Law on Religion and Folk Belief.

6. Within 05 working days from the date of issuance of the decision to suspend all religious activities of the religious organization or religious affiliate, the competent authority issuing the decision shall transfer it to:

a) the religious organization or religious affiliate that has its activities suspended;

b) the organization establishing, fully dividing, partially dividing, merging or consolidating the religious affiliate that has its activities suspended;

c) the central government’s religion and folk belief authority (with regard to the suspension decision issued by the People’s Committee of the province);

d) the People’s Committee of the province where the base of the religious organization or religious affiliate is located (with regard to the suspension decision issued by the central government’s religion and folk belief authority).

7. When receiving the suspension decision, the religious organization or religious affiliate shall suspend all religious activities and take responsibility for rectification during suspension.

Article 13. Resumption of all activities of a religious organization or religious affiliate

1. The competent authority specified in Clause 4 Article 12 of this Decree shall organize inspection, make an inspection record and give conclusion on rectification of the situation that leads to the suspension of all activities of the religious organization or religious affiliate in the following cases:

a) During suspension, the religious organization or religious affiliate rectifies the situation that leads to the suspension and requests resumption of its religious activities;

b) Within 30 days before the expiration of the deadline for suspension of all religious activities.

2. If the religious organization or religious affiliate has rectified the situation that leads to the suspension, its religious activities shall be resumed; if the religious organization or religious affiliate fails to rectify the situation that leads to the suspension, it shall be dissolved according to regulations in Point c Clause 1 Article 31 of the Law on Religion and Folk Belief and Article 15 of this Decree.

Article 14. Procedures for dissolution of a religious organization or religious affiliate in 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 4 of this Article.

2. An application includes:

a) An application form, which specifies the name, representative and base of the applicant; name, representative, base and organizational structure of each religious affiliate that is dissolved; 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.

3. 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:   

a) 05 consecutive issues of a central government’s printed newspaper or online newspaper if the religious organization/religious affiliate operates within multiple provinces;

b) 05 consecutive issues of a local printed newspaper or online newspaper if the religious organization/religious affiliate operates within a province;

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

5. Regarding the religious organization that dissolves itself, the date on which the competent authority specified in Clause 4 of this Article grants approval to the dissolved organization is the date on which the organization is required to return the original 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.

6. 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 4 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) List of religious affiliates of the dissolved religious affiliate;

d) The police authority’s document or statement certifying that the dissolved religious affiliate's seal has been returned or destroyed as prescribed.

7. 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 4 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 15. Procedures for dissolution of a religious organization or religious affiliate in accordance with Points b and c Clause 1 Article 31 of the Law on Religion and Folk Belief

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 multiple provinces; the People’s Committee of the province 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 situation that leads to the suspension 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 situation that leads to the suspension, 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 all its asset-related obligations according to the civil law. 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 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 case of dissolution of the religious affiliate;

c) List of religious affiliates.

d) The police authority’s document or statement certifying that the seal has been returned or destroyed as prescribed.

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 6 and 7 Article 14 of this Decree.

Article 16. Suspension of educational activities of religious educational institutions

1. A religious educational institution has its educational activities suspended when committing one of the serious violations specified in Clause 4, Clause 5 Article 5 of the Law on Religion and Folk Belief.

2. Depending on nature and extent of violation and the ability of the religious educational institution to rectify the situation that leads to the suspension, the decision-making authority shall determine the duration of suspension which must not exceed 24 months

3. The decision to suspend educational activities of the religious educational institution shall be made in writing. It shall specify the name of the religious organization establishing the religious educational institution, the name of the religious educational institution, the representative, the base of the religious educational institution; situation and duration of suspension; responsibilities for rectification of the situation that leads to the suspension.

4. The central government’s religion and folk belief authority has the power to issue a decision to suspend educational activities of the religious educational institution.

5. Before issuing the decision to suspend educational activities of the religious educational institution, the central government’s religion and folk belief authority shall conduct inspection and conclude that the religious educational institution commits one of the serious violations specified in Clauses 4 and 5 Article 5 of the Law on Religion and Folk Belief.

6. Within 05 working days from the date of issuance of the decision to suspend educational activities of the religious educational institution, the competent authority issuing the decision shall transfer it to:

a) the religious educational institution that has its educational activities suspended;

b) the religious organization establishing the religious educational institution that has its educational activities suspended;

c) the People’s Committee of the province where the religious educational institution that has its educational activities suspended is headquartered.

7. When receiving the suspension decision, the religious educational institution shall suspend all educational activities and take responsibility for rectification during suspension.

Article 17. Resumption of educational activities of religious educational institutions

1. The central government’s religion and folk belief authority shall organize inspection, make an inspection record and give conclusion on rectification of the situation that leads to the suspension of educational activities of the religious educational institution in the following cases:

a) During suspension, the religious educational institution rectifies the situation that leads to the suspension and requests resumption of its educational activities;

b) Within 30 days before the expiration of the deadline for suspension of all educational activities.

2. If the religious educational institution has rectified the situation that leads to the suspension, its educational activities shall be resumed; if the religious educational institution fails to rectify the situation that leads to the suspension, it shall be dissolved according to regulations in Point c Clause 1 Article 42 of the Law on Religion and Folk Belief and Article 19 of this Decree.

Article 18. Procedures for dissolution of a religious educational institution under a religious organization’s decision

1. The religious organization dissolving a religious educational institution under its decision shall submit an application to the central government’s religion and folk belief authority.

2. An application includes:

a) An application form, which specifies the name, representative and base of the applicant; name, representative, base and organizational structure of the religious educational institution; 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 settlement of benefits of students and relevant persons.

3. The religious educational institution shall notify relevant organizations and individuals of the deadline for repayment of debts (if any) on:

a) 05 consecutive issues of a central government’s printed newspaper or online newspaper if the religious educational institution operates within multiple provinces;

b) 05 consecutive issues of a local printed newspaper or online newspaper if the religious educational institution operates within a province. 

4. The central government’s religion and folk belief authority shall grant the religious organization approval for dissolution of the religious educational institution 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 case of rejection of the application, written explanation shall be provided.

5. Within 05 working days from the date of receipt of approval for dissolution of the religious educational institution, the religious organization shall dissolve the religious educational institution and return the following documents to the central government’s religion and folk belief authority:

a) The original of the written approval for establishment of the religious educational institution granted by the competent authority;

b) The original of the written statement of establishment of the religious educational institution granted by the religious organization;

c) The police authority’s document or statement certifying that the dissolved religious educational institution's seal has been returned or destroyed as prescribed;

6. Within 20 days from the date on which the religious educational institution is dissolved, the religious organization shall notify the central government’s religion and folk belief authority of the dissolution of the religious educational institution.  The notification shall specify the name, base and full name of representative of the religious organization; the name, base and full name of the representative of the religious educational institution that has been dissolved; date of dissolution.

Article 19. Procedures for dissolution of a religious educational institution under Points b and c Clause 1 Article 42 of the Law on Religion and Folk Belief

1. 60 days before the expected date on which the religious educational institution is dissolved as prescribed in Points b and c Clause 1 Article 42 of the Law, the central government's religion and folk belief authority shall notify the religious organization and religious educational institution in writing of dissolution of the religious educational institution.

The notification shall specify the name, base and full name of the representative of the religious organization; the name, base and full name of representative of the religious educational institution that has been dissolved; the central government’s religion and folk belief authority or 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 educational institution fails to rectify the situation that leads to the suspension of its educational activities in the case specified in Point c Clause 1 Article 42 of the Law

2. Within 50 days from the date on which the central government’s religion and folk belief authority notifies the dissolution in the case specified in Point b Clause 1 Article 42 of the Law, the religious educational institution shall provide written explanations to the central government’s religion and folk belief authority.

10 days after the expiration of the deadline for providing explanation, if the religious educational institution fails to rectify the situation that leads to the suspension, the central government’s religion and folk belief authority shall issue a decision on dissolution or request the religious organization to dissolve the religious educational institution

3. Within 60 days from the date on which the central government’s religion and folk belief authority notifies the dissolution in the case specified in Point c Clause 1 Article 42 of the Law, the religious educational institution that has been dissolved shall fulfill all its asset-related obligations according to the civil law.  Upon the expiration of the aforementioned deadline, the central government’s religion and folk belief authority shall issue a decision on dissolution or request the religious organization to dissolve the religious educational institution.

4. The central government’s religion and folk belief authority shall issue a decision on dissolution of the religious educational institution and repeal and revoke the following documents:

a) The written approval for establishment of the religious educational institution granted by the competent authority;

b) The original of the written statement of establishment of the religious educational institution granted by the religious organization;

c) The police authority’s document or statement certifying that the seal has been returned or destroyed as prescribed;

5. In case a religious organization dissolves a religious educational institution at the request of the central government’s religion and folk belief authority, within 05 working days from the date on which the request is made, the religious organization that dissolves the religious educational institution shall return documents and notify the dissolution of the religious educational institution as prescribed in Clauses 5 and 6 Article 18 of this Decree.

Article 20. Responsibility for publishing the suspension and resumption of activities, and dissolution of a religious organization, religious affiliate or religious educational institution through mass media

1. Within 15 days after the date of suspension/resumption of activities and dissolution, the suspension/resumption of activities and dissolution of a religious organization, religious affiliate or religious educational institution shall be published on the web portal or website of the decision-issuing authority; some printed newspapers or online newspapers 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 authority that has the power to suspend/resume activities or dissolve a religious organization, religious affiliate or religious educational institution; a religious organization/religious affiliate that has the right to dissolve its religious affiliate shall publish the suspension and resumption of activities and dissolution as prescribed in Clause 1 of this Article. The published contents include the name and base of the organization/institution that has its activities suspended/resumed or has been dissolved; reason for and duration of suspension, resumption or dissolution.

Article 21. 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 or religious affiliate that has its all religious activities suspended according to Article 12; any religious educational institution that has its educational activities suspended according to Article 16; any religious organization/religious affiliate that is dissolved according to Article 15 or any religious educational institution that is dissolved according to Article 19 of this Decree but disagrees with the suspension/dissolution decision granted by the competent authority 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 22. Renovation, upgradation and construction of folk religious buildings, religious buildings and auxiliary works

1. The repair, renovation and construction of folk religious buildings, religious buildings and auxiliary works shall comply with regulations of the law on construction. Regarding folk religious buildings, religious buildings and auxiliary works that are historical and cultural sites/monuments, scenic landscapes or works included in the list of local monuments and sites, the repair, renovation and construction shall comply with regulations of the law on cultural heritage.

2. The determination of auxiliary works which are exempted from construction permits shall comply with regulations in Clause 30 Article 1 of the Law on amendments to the Law on Construction No. 62/2020/QH14 dated June 17, 2020.

In case regulations on works which are exempted from construction permits in the Law on Construction No. 62/2020/QH14 are amended, the determination of auxiliary works which are exempted from construction permits shall comply with new regulations.