Provisions on the appointment, nomination, election, and selection of dignitaries and sub-dignitaries for monastics in Vietnam

Provisions on the appointment, nomination, election, and selection of dignitaries and sub-dignitaries for monastics in Vietnam​​ (Image from the Internet)

1. What is a monastic according to the law in Vietnam?

According to Clause 7, Article 2 of the Law on religion and folk belief 2016, a monastic is a renunciate who regularly exercises an exclusive way of life in adherence to a religious organization's tenets, religious law and rules.

2. Regulations on Ordination, Appointment, Election, and Selection of Religious Leaders for Monastics in Vietnam

Article 32 of the Law on religion and folk belief 2016 stipulates the regulations on the ordination, appointment, election, and selection of religious leaders for monastics as follows:

- Religious organizations and their affiliates conduct the ordination, appointment, election, and selection as per the charters of the religious organization.

- The person to be ordained, appointed, elected, or selected must possess full civil act capacity; not be subjected to administrative measures in the field of belief and religion; have no criminal record or not be currently under criminal investigation as per the procedures set by law.

- The ordination, appointment, election, and selection involving foreign elements shall be conducted in accordance with the provisions of Article 51 of the Law on religion and folk belief 2016.

3. Guidance on Registration for Monastics Assigned, Elected, or Selected for Religious Offices in Vietnam

Article 34 of the Law on religion and folk belief 2016 provides for the registration of monastic assigned, elected, or selected for religious offices as follows:

- Before appointing, electing, or selecting the following religious officers, religious organizations have the responsibility to submit the registration dossier to the central state management agency on belief and religion:

+ Members of the leadership board of the religious organization operating in multiple provinces;

+ Heads of affiliated religious organizations operating in multiple provinces;

+ Heads of religious training establishments.

- For cases not covered by Clause 1, Article 34 of the Law on religion and folk belief 2016, the religious organization, before appointing, electing, or selecting religious officers, must submit the application to the provincial specialized agency on belief and religion where the officer resides and participates in religious activities.

- Organizations granted religious activity registration before appointing, electing, or selecting religious officers must submit the registration dossier to the competent state agency stipulated in Clause 3, Article 19 of the Law on religion and folk belief 2016.

- The registration dossier includes:

+ A registration document specifying the full name of the person proposed for appointment, election, or selection; their rank, position, areas of responsibility before and after the appointment, election, or selection;

+ The proposed person's resume and judicial record;

+ A summary of the proposed person's religious activity background.

- The competent state agency outlined in Clauses 1, 2, and 3, Article 34 of the Law on religion and folk belief 2016 must respond in writing within 20 days of receiving a complete and valid dossier; if registration is denied, the reasons must be stated clearly.

- Religious organizations, their affiliates, and those granted religious activity registration must notify in writing the competent state agency outlined in Clauses 1, 2, Article 34 and Clause 3, Article 19 of the Law on religion and folk belief 2016 within 20 days of the appointment, election, or selection.

- For proposed leaders as per Articles 19, 22, 29, and 38 of the Law on religion and folk belief 2016, once approved by the competent state agency, only the results of the appointment, election, or selection must be announced as stipulated in Clause 6, Article 34 of the Law on religion and folk belief 2016.

To Quoc Trinh

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