Requirements for accreditation of religious organizations in Vietnam

Requirements for accreditation of religious organizations in Vietnam (Internet image)

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

1. Requirements for accreditation of religious organizations in Vietnam

Specifically, Article 21 of the Law on religion and folk belief 2016, an organization with certified registration of religious activities shall be accredited as a religious organization on the following conditions:

- It has operated stably and continuously for at least 05 years since the certification of its registration of religious activities;

- It has a charter pursuant to Article 23 of this Law;

- 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;

- Its organizational structure adheres to its charter;

- It has assets independent from other organizations and individuals, and it assumes liabilities with its own assets.

- It engages in legal relations independently.

2. Procedure and authority to accredit religious organizations in Vietnam

Pursuant to Article 22 of the Law on religion and folk belief 2016, the procedure and authority to accredit religious organizations in Vietnam is as follows:

- An organization that qualifies pursuant to Article 21 herein shall apply in writing to competent government authority defined in Section 3 of this Article for accreditation as a religious organization.

- The application includes:

+ The form of application, which specifies the name of the applicant organization, the international transaction name (if available); the name of the religion; the full name of the representative(s); the quantity of followers, the area of operation at the time of application; the organizational structure and its base;

+ The written summary of its operational progress since the certificate of its registration of religious activities;

+ 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 charter of the organization;

+ The written declaration of the organization's legitimate assets;

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

- Authority to accredit a religious organization:

+ People’s Committee of a province shall decide on the accreditation of religious organizations that operate 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 decide on the accreditation of religious 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.

3. Charter of a religious organization in Vietnam

According to Article 23 of the Law on religion and folk belief 2016, the charter of a religious organization shall fundamentally comprise:

- The name of the organization;

- Principles, objectives and rules of operation;

- Area of operation, headquarter;

- Finance, assets;

- Legal representative, sample of the official seal;

- Functions, missions, authority and organizational structure of the religious organization and religious affiliates;

- Missions and authority of the management of the religious organization and religious affiliates;

- Conditions, criteria, authority, methods of ordination, appointment, election, selection, relocation, dismissal, deposition of dignitaries, sub-dignitaries and monastics;

- Conditions, authority and methods of dissolution of the religious organization; the establishment, split-up, spin-off, merger, consolidation and dissolution of the religious affiliates;

- The organization of conferences and general meetings; formalities for approval of decisions on and amendments to the charter; rules and methods of settlement of internal conflicts;

- The relations between the religious organization with religious affiliates and with other relevant organizations and individuals.

Ho Quoc Tuan

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