Cases of suspension of all activities of a religious organization or religious affiliate in Vietnam

Cases of suspension of all activities of a religious organization or religious affiliate in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Cases of suspension of all activities of a religious organization or religious affiliate in Vietnam

According to Article 12 of Decree 95/2023/ND-CP, cases of suspension of all activities of a religious organization or religious affiliate in Vietnam include:

(i) 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 2016.

(ii) 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.

(iii) 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.

(iv) Power to suspend all religious activities of a religious organization or religious affiliate:

- 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;

- 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.

(v) 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.

(vi) 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:

- The religious organization or religious affiliate that has its activities suspended;

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

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

- 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).

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

2. Resumption of all activities of a religious organization or religious affiliate in Vietnam

Pursuant to Article 13 of Decree 95/2023/ND-CP, the regulations on the esumption of all activities of a religious organization or religious affiliate are as follows:

- Competent state agencies specified in clause (iv) section 1 are responsible for organizing inspections, making inspection records, and drawing conclusions on overcoming the causes leading to the suspension of all operations. of religious organizations and affiliated religious organizations in the following cases:

+ During the period of suspension, the religious organization and affiliated religious organization overcome the cause leading to the suspension and request the restoration of religious activities for the organization;

+ Within 30 days before the expiration date, all religious activities will be suspended.

- In cases where a religious organization or affiliated religious organization has overcome the cause leading to its suspension, all religious activities will be restored; In cases where a religious organization or affiliated religious organization cannot overcome the reasons leading to its suspension, it will be dissolved according to the provisions of Point c, Clause 1, Article 31 of the Law on religion and folk belief 2016 and Article 15 of Decree 95/2023/ND-CP.

More details can be found in Decree 95/2023/ND-CP taking effect on March 30, 2024. Decree 162/2017/ND-CP will expire on March 30, 2024, except for the cases specified in Clause 2, Article 30 of Decree 162/2017/ND-CP.

Nguyen Ngoc Que Anh

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