Chương VI Nghị định 95/2023/NĐ-CP : Tổ chức thực hiện

Chapter VI

IMPLEMENTATION

Article 28. Receipt of applications

1. When carrying out administrative procedures according to regulations in the Law on Religion and Folk Belief and this Decree, each organization or individual shall submit an application to the competent authority:

a) in person at the one-stop shop of the competent authority;

b) by online at the public service portal of the competent authority;

c) by post, or service provided by an enterprise or individual or authorization as prescribed by law;

2. Notification of application receipt results

a) If the application is submitted in person at the one-stop shop of the competent authority, the recipient shall directly give an acknowledgement of application receipt to the applicant and retain 01 copy;

b) If the application is submitted via the public service portal of the competent authority, the recipient shall send a notification of application receipt or instruction on application revision to the applicant via email or text message;

c) If the application is submitted by post or the service of an enterprise and individual or authorization as per the law, the recipient shall send an acknowledgement of application receipt to the applicant and retain 01 copy;

d) The person assigned to submit the application by the applicant must have a letter of introduction or letter of authorization and present their unexpired identity card or passport.

3. If the application is unsatisfactory, the competent authority shall instruct the applicant to complete it according to regulations of law. The time for completing the application excludes the time limit for returning the result.

4. If copies of documents are required to complete certain procedures specified in Law on Religion and Folk Belief and this Decree, the original documents must be presented upon submission of these copies for verification by the competent authorities.

5. The judicial record specified in the Law on Religion and Folk Belief and this Decree shall be issued by the competent authority within 06 months before the time for submission of the application.

Article 29.  Forms used in the field of folk belief and religion

1. The List of forms used in the field of folk belief and religion is promulgated together with this Decree.

2. Relevant agencies, organizations and individuals shall use the forms used in the field of folk belief and religion promulgated together with in this Decree.

Article 30. Transitional provisions

1. Transitional provisions for Clause 1, Clause 2 Article 3 of this Decree

Buildings related to folk belief and religion that exist before the effective date of this Decree shall be renovated, upgraded and constructed as follows:

a) Upon renovation, upgradation and construction of buildings considered as religious and folk religious buildings and managed by the residential community, the representative of residential community is also the representative of the investor for implementation of procedures according to regulations of the law on renovation, upgradation and construction

b) Upon renovation and upgradation of buildings considered as religious buildings and managed by the organization issued with the certificate of registration of religious activities, the representative of organization is also the representative of the investor for implementation of procedures according to regulations of the law on renovation and upgradation.

2. Administrative procedures related to folk belief and religion whose applications are received by the competent authorities before the effective date of this Decree shall continue to be conducted according to regulations in the Government’s Decree No. 162/2017/ND-CP dated December 30, 2017.

3. Financial aids will be received by religious organizations/religious affiliates specified in Article 26 of this Decree from the effective date of this Decree.

Article 31. Responsibilities of the Ministry of Home Affairs and relevant authorities

1. The Ministry of Home Affairs is a central government’s folk belief and religion authority responsible to the Government for state management of religion, religious activities and folk religious establishments not prescribed in Clause 2 of this Article.

2. The Ministry of Culture, Sports and Tourism is responsible to the Government for state management of folk belief festivals and folk religious establishments that are historical and cultural sites/monuments, scenic landscapes that have been ranked or included in the list of local monuments and sites by the People’s Committee of the province.

3. Relevant Ministries and ministerial agencies shall, within their jurisdiction, assist the Government in state management of folk belief and religion.

4. During the implementation of regulations specified in the Law on Religion and Folk Belief and this Decree, in the cases that are within the power of the Ministry of Home Affairs, the Government Committee for Religious Affairs (the Ministry of Home Affairs) shall receive applications and take charge and cooperate with relevant ministries and local governments in submitting them to the Minister of Home Affairs or making decision under delegation/authorization by the Minister of Home Affairs.  In the cases that are within the power of People's Committees at all levels, the folk belief and religion authorities at the same level shall receive applications and take charge and cooperate with relevant authorities in submitting them to the People’s Committee or making decision under delegation/authorization by the People’s Committee, except for the organization of folk belief festivals, and management and use of revenues from the organization of folk belief festivals prescribed in Articles 13, 14 and 15 of the Law.

Article 32. Entry into force

1. This Decree comes into force as of March 30, 2024.

2. The Government’s Decree No. 162/2017/ND-CP dated December 30, 2017 will cease to be effective from the effective date of this Decree, except for cases specified in Clause 2 Article 30 of this Decree.

Article 33. Responsibility for implementation

1. The Ministry of Home Affairs shall preside over and cooperate with relevant ministries and central government authorities in providing guidance on, urging and organizing implementation of this Decree.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central- affiliated cities, and related organizations and individuals shall be responsible for implementing this Decree./.