Chương IV Nghị định 95/2023/NĐ-CP : Chấp thuận, đăng ký phong phẩm, bổ nhiệm, bầu cử, suy cử có yếu tố nước ngoài

Chapter IV

APPROVAL FOR AND REGISTRATION OF ORDINATION, APPOINTMENT, ELECTION AND SELECTION THAT INVOLVE FOREIGN ELEMENTS

Article 23. Procedures for granting approval for ordination, appointment, election and selection that involve foreign elements in Vietnam

1. In case a religious organization has a follower who holds Vietnamese citizenship and is expected to be ordained, appointed, elected or selected as a dignitary or sub-dignitary in Vietnam by a foreign religious organization, such organization shall submit an application to the central government’s folk belief and religion authority. An application includes:

a) An application form, which specifies the applicant’s name and base; the foreign religious organization's name and base; reason for application; full name of the proposed person; his/her rank, position and area of operation before and after being ordained, appointed, elected or selected;

b) The written summary of religious activities of the person to be ordained, appointed, elected or selected;

c) The resume and judicial record of the person to be ordained, appointed, elected or selected;

2. The religious organization that ordains or selects a foreigner residing lawfully in Vietnam for a hierarchical rank shall submit an application to the central government’s folk belief and religion authority. An application includes:

a) An application form, which specifies the religious organization’s name and base; reason for application; full name, hierarchical rank (if any) and nationality of the proposed person; hierarchical rank to be proposed;

b) The written summary of religious activities of the proposed person;

c) The degree issued by a Vietnamese religious educational institution;

d) A copy of the passport, original or certified true copy of the judicial record or a document certifying that the proposed person is not an offender or does not incur criminal prosecution, which is granted by the foreign competent authority and consularly legalized, except for the cases in which consular legalization is exempted under the treaty to which Vietnam is a signatory according to the principle of reciprocity. In case the proposed person has resided in Vietnam for 06 consecutive months, an original of the judicial record issued by a Vietnamese competent authority is required.

3. The central government’s folk belief and religion authority shall respond in writing to the ordination, appointment, election or selection prescribed in Clauses 1 and 2 of this Article within 60 days from the receipt of the satisfactory application. In the case of rejection of the application, written explanation shall be provided.

4. The person for whom ordination, appointment, election or selection that involves foreign elements is proposed but is yet to be approved by the central government’s folk belief and religion authority shall not use the title to be ordained, appointed, elected or selected to carry out religious activities in Vietnam.

Article 24. Procedures for registration as a dignitary or sub-dignitary by a Vietnamese citizen ordained, appointed, elected or selected abroad

1. The religious organization or religious affiliate that directly manages a Vietnamese citizen ordained, appointed, elected or selected abroad by a foreign religious organization shall send an application to the central government's folk belief and religion authority for such person’s return to Vietnam to assume the role of a dignitary or sub-dignitary.

2. An application includes:

a) An application form, which specifies the name and base of the religious organization or religious affiliate; full name, area of operation, rank and position of the applicant in the foreign country and Vietnam;

b) The resume and judicial record of the applicant;

c) The applicant’s written summary of religious activities carried out abroad;

d) Documentary evidences for rank, position and area of operation of the person ordained, appointed, elected or selected abroad.

3. The central government’s folk belief and religion authority shall respond in writing within 60 days from the receipt of the satisfactory application. In case of rejection of the application, written explanation shall be provided.

4. Any Vietnamese citizen applying for registration as a dignitary or sub-dignitary shall carry out religious activities according to their rank and position after the central government’s folk belief and religion authority grants approval for the registration.