Newest regulations on procedures for dissolution of religious educational institutions under religious organization’s decision in Vietnam

Newest regulations on procedures for dissolution of religious educational institutions under religious organization’s decision in Vietnam (Image from the Internet)

1. 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 a subordinate religious organization, is dissolved in the following cases:

- As stipulated in the charter;

- Not engaging in religious activities for a period of 1 year from the date recognized or approved by the competent state agency for establishment, division, separation, merger, or consolidation; or ceasing religious activities for 1 continuous year;

- The suspension period for all religious activities has ended but the reasons for the suspension have not been resolved.

2. Newest regulations on procedures for dissolution of religious educational institutions under religious organization’s decision in Vietnam

According to Article 14 of Decree 95/2023/ND-CP, the procedures for dissolution of religious educational institutions under religious organization’s decision in Vietnam are as follows:

- Religious organizations that self-dissolve or dissolve subordinate religious organizations in accordance with their charter must submit an application to the competent state agency stipulated in Clause 4, Article 14 of Decree 95/2023/ND-CP.

- The application includes:

+ A written request stating the name, representative, and headquarters of the requesting organization; the name, representative, headquarters, and organizational structure of the subordinate religious organization to be dissolved; reasons for and estimated time of dissolution;

+ A declaration of assets and finances;

+ The method for handling assets and finances and the time frame for debt settlement (if any);

+ A list of subordinate religious organizations.

- Religious organizations that self-dissolve or subordinate religious organizations that are dissolved must post a notice of debt settlement (if any) to related organizations and individuals as stipulated below:

+ On 5 consecutive issues of a daily printed newspaper or 5 consecutive days on an electronic newspaper at the central level for religious organizations or subordinate religious organizations operating in multiple provinces;

+ On 5 consecutive issues of a daily printed newspaper or 5 consecutive days on an electronic newspaper at the local level for religious organizations or subordinate religious organizations operating within one province.

- Authority to approve the dissolution:

+ The Provincial People's Committee approves the dissolution of religious organizations or subordinate religious organizations operating within one province within 45 days from the end of the debt settlement period (if any) and liquidation of assets and finances as stated in the organization's notice without any complaints; if disapproval must provide a written response with clearly stated reasons;

+ The central state management agency for belief and religion approves the dissolution of religious organizations or subordinate religious organizations operating in multiple provinces within 45 days from the end of the debt settlement period (if any) and liquidation of assets and finances as stated in the organization's notice without any complaints; if disapproval must provide a written response with clearly stated reasons.

- For self-dissolving religious organizations, the time the competent state agency as stipulated in Clause 4, Article 14 of Decree 95/2023/ND-CP approves the dissolution is the time the organization must return the original decision recognizing the religious organization, and the police certificate confirming the organization has returned or destroyed the seal as required.

- For religious organizations dissolving subordinate religious organizations, within 5 working days from the date the competent state agency approves the dissolution, the religious organization or subordinate religious organization must submit the following documents to the competent state agency stipulated in Clause 4, Article 14 of Decree 95/2023/ND-CP:

+ The original approval document for the establishment, division, separation, merger, or consolidation of the subordinate religious organization issued by the competent state agency;

+ The original document of establishment, division, separation, merger, or consolidation of the subordinate religious organization by the managing religious organization or directly managing subordinate religious organization;

+ A list of subordinate religious organizations under the dissolved subordinate religious organization;

+ Police certificate or documentation confirming the subordinate religious organization being dissolved has returned or destroyed the seal as required.

- Within 20 days from the date the subordinate religious organization is dissolved, the managing religious organization or directly managing subordinate religious organization must notify the competent state agency stipulated in Clause 4, Article 14 of Decree 95/2023/ND-CP of the dissolution.

The notification must clearly state the name, representative, and headquarters of the requesting religious organization or subordinate religious organization; the name, representative, headquarters of the dissolved religious organization or subordinate religious organization; and the time of dissolution.

To Quoc Trinh

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