Requirements for certification of an organization’s registration of religious activities in Vietnam

Requirements for certification of an organization’s registration of religious activities in Vietnam (Internet image)

1. What are religious activities?

According to Clause 11 Article 2 of the Law on religion and folk belief 2016, religious activities comprise the missionary work, the practice of religion and the management of the organization of a religion.

Specifically, religion represents the human's faith whose existence is accompanied by a system of notions and activities encompassing the objects of worship, tenets, religious law, rites and organization.

(Clause 5, Article 2 of the Law on religion and folk belief 2016)

2. Requirements for certification of an organization’s registration of religious activities in Vietnam

According to Article 18 of the Law on religion and folk belief 2016, an organization's registration of religious activities shall be certified on the following conditions:

- Religious tenets, laws and rites exist;

- Its principles, objectives and operational regulations are not contrary to the law;

- The name of the organization does not overlap with those of the religious organizations or the organizations with certified registration of religious activities, of the political organizations, of the socio-politic organizations or of the national heroes or men of greatness;

- The representative(s) or head of the organization holds Vietnamese citizenship, resides permanently in Vietnam, possess full capacity for civil acts, is not bound by any remedial administrative measures concerning folk belief or religion, is not associated with any conviction records or is not accused of any crimes pursuant to the legislation on criminal procedure;

- It is based at a legitimate location;

- The content of its religious activities is not prohibited pursuant to Article 5 of the Law on religion and folk belief 2016.

3. Procedure and authority to certify the registration of religious activities in Vietnam

An organization that qualifies pursuant to Section 2 shall apply in writing to competent government authority as prescribed for registration of religious activities.

In particular, the application for registration of religious activities is specified in Clause 2, Article 19 of the Law on religion and folk belief 2016, specifically as follows:

- The form of application, which specifies the name of the organization; the name of the religion; the principles and objectives; the contents and area of operation; the origin and progress of development in Vietnam; the full name of the representative; the quantity of followers; the organizational structure and expected location of its base;

- The list, resumes, judicial records and summaries of religious activities of the representative and expected leaders of the organization;

- The written summary of the religious tenets, laws and rites;

- The operational regulations of the organization;

- The written evidences of the availability of a legitimate location for its facilities.

At that time, the authority to certify the registration of religious activities:

- The body of the People's Committee of a province, which is specialized in state management of folk belief and religion (hereinafter referred to as the provincial bodies specialized in folk belief and religion), shall issue certificates of registration of religious activities to the organizations operating solely in such province in 60 days upon receiving a full and valid application. If an application is rejected, reason(s) shall be notified;

- The central government’s body responsible for state management of folk belief and religion shall issue certificates of registration of religious activities to the organizations operating in multiple provinces in 60 days upon receiving a full and valid application. If an application is rejected, reason(s) shall be notified.

(Clause 3, Article 19 of the Law on religion and folk belief 2016)

4. Prohibited acts in religious activities
According to Article 5 of the Law on Belief and Religion 2016, prohibited acts in religious activities include:

- Discrimination, discrimination on the grounds of belief or religion.

- Forcing, bribing or obstructing others to follow or not to follow beliefs or religions.

- Offenses against beliefs and religions.

- Belief activities, religious activities:

+ Infringing upon national defense, security, sovereignty, social order and safety, and the environment;

+ Infringing upon social morality; infringing upon the body, health, life and property; offend the honor and dignity of others;

+ Obstructing the exercise of citizenship rights and obligations;

+ Ethnic division; religious divisions; dividing people who follow beliefs or religions from those who do not follow beliefs or religions, and between people who follow different beliefs or religions.

- Taking advantage of religious activities and activities for personal gain.

Thanh Rin

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