Cases of dissolution of religious organizations and religious affiliates in Vietnam

Cases of dissolution of religious organizations and religious affiliates in Vietnam (Internet image)

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

1. What is a religious organization or religious affiliate?

- Religious organization is a multitude of followers, dignitaries, sub-dignitaries and monastics organized under a certain structure that the government acknowledges to carry out religious activities.

- Religious affiliate is an institute that belongs directly to a religious organization and is established under the charter and regulations of such religious organization.

(Clause 12, 13, Article 2 of the Law on religion and folk belief 2016)

2. Cases of dissolution of religious organizations and religious affiliates in Vietnam

According to Clause 1, Article 31 of the Law on religion and folk belief 2016, a religious organization or religious affiliate shall dissolve:

(1) In adherence to its charter;

(2) In the event that it has not conducted religious activities for 01 year upon being accredited or permitted by the competent government authority for its establishment, split-up, spin-off, merger or consolidation; or in the event that it has discontinued religious activities continuously for 01 year;

(3) In the event that it has not rectified the cause of the full suspension of its religious activities when such suspension expires.

3. Who has the competence to accredit a religious organization shall be entitled to dissolve such organization in Vietnam?

The government authority competent to accredit a religious organization shall be entitled to dissolve such organization.

The religious organization or religious affiliate shall be entitled to dissolve its religious affiliates. Competent government authorities defined in Section 3, Article 29 the Law on religion and folk belief 2016 shall be entitled to dissolve or to request a religious organization or religious affiliate to dissolve its religious affiliates in the events prescribed in (1) and (2).

Article 29. Procedure and authority to approve the establishment, split-up, spin-off, merger and consolidation of religious affiliates

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3. The following authorities shall approve the establishment, split-up, spin-off, merger and consolidation of religious affiliates:

a) People’s Committee of a province shall be responsible for responding in writing to a full and valid application for the establishment, split-up, spin-off, merger or consolidation of religious affiliate(s) operating solely in such province in 60 days upon receiving such application. If the application is rejected, reason(s) shall be notified;

b) The central government’s body responsible for state management of folk belief and religion shall respond in writing to a full and valid application for the establishment, split-up, spin-off, merger or consolidation of religious affiliate(s) operating in multiple provinces in 60 days upon receiving such application. If the application is rejected, reason(s) shall be notified.

(Clause 2, Article 31 of the Law on religion and folk belief 2016)

4. Rights of religious organizations and religious affiliates in Vietnam

Rights of religious organizations and religious affiliates include:

- Carry out religious activities pursuant to the religious organization’s charter, regulations and similar literature (hereinafter referred to as the charter).

- Organize the practice of religion.

- Publish religious scriptures and publications.

- Produce, import and export religious cultural products and articles.

- Overhaul, upgrade and construct religious establishments.

- Receive legitimate assets that domestic and foreign organizations and individuals donate voluntarily.

- Have other rights defined in this Law and in relevant legislative documents.

(Article 7 of the Law on religion and folk belief 2016)

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