What are the procedures for change of representative of a congregational practicing group in Vietnam according to current regulations?

May I ask: What are the procedures for change of representative of a congregational practicing group in Vietnam according to current regulations? - Question from Ms. Giang (Nam Dinh)

Who is the representative of the congregational practicing group? When registering for congregational religious practice, is it required to have the resume of the representative?

Pursuant to the provisions of Clause 16, Article 2 of the 2016 Law on Religion and Folk Belief in Vietnam as follows:

Terminology
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Representative is a person who represents and assumes liability to the law for the practice of folk beliefs, congregational practice of religion and religious activities of a congregation or organization for which that person acts.

Thus, it can be understood that the representative of a congregational practicing group is a person who represents and is responsible before the law for the congregational practicing group that he or she represents.

Regarding the application for registration of congregational religious practice, according to the provisions of Article 17 of the 2016 Law on Religion and Folk Belief in Vietnam as follows:

Procedure and authority to certify the registration of congregational religious practice
1. A religious organization, an organization with certified registration of religious activities or the representative(s) of a group of followers as stated in Section 2 of Article 16 herein shall apply in writing to the People’s Committee of the commune where the legitimate location for religious practice exists for registration of congregational religious practice.
2. The application includes:
a) The form of application, which specifies the name of the applicant organization; the name of the religion; the full name and residential address of the representative; the content, location and time of religious practice, quantity of participants;
b) The written evidences of the possession of a legitimate location for religious practice;
c) The resume(s) of the representative(s) of the congregational practicing group;
d) The written summary of the religious tenets and law if the registration is subject to Section 2, Article 16 herein.
3. People’s Committee of the commune shall be responsible for reverting in writing in 20 days upon receiving the valid application. If such application is rejected, reason(s) shall be notified.

Thus, according to the provisions of Point c, Clause 2, Article 17 of the 2016 Law on Religion and Folk Belief in Vietnam cited above, the application for registration of congregational religious practice should be enclosed with the resume(s) of the representative(s) of the congregational practicing group.

What are the procedures for change of representative of a congregational practicing group in Vietnam according to current regulations?

What are the procedures for change of representative of a congregational practicing group in Vietnam according to current regulations? (Image from the Inetrnet)

What is the application for registration of change of representative of a congregational practicing group in Vietnam?

Pursuant to the provisions of Clause 1, Article 5 of Decree No. 162/2017/ND-CP as follows:

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.
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).

Thus, 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.

An application includes:

- 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;

- A resume of the new representative;

- 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;

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

What are the procedures for change of representative of a congregational practicing group in Vietnam according to current regulations?

The procedures for change of representative of a congregational practicing group are now implemented in accordance with Article 5 of Decree No. 162/2017/ND-CP. Specifically, these include the following steps:

Step 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.

Step 2: The People’s Committee of the commune shall respond in writing within 15 days from the receipt of the satisfactory application. In the case of rejection of the application, written explanation shall be provided.

Thus, the procedures for change of representative of a congregational practicing group is carried out in the sequence of 2 steps mentioned above.

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