What are the requirements for establishment of a religious educational institution in Vietnam? - Quynh Thu (Kien Giang)
Requirements for establishment of a religious educational institution in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Article 37 of the Law on religion and folk belief 2016, a religious organization can establish a religious education institution on the following conditions:
- Have adequate educational infrastructure;
- Have a legitimate location for the educational institution;
- Have educational curricula and programs, which include the study of the history and law of Vietnam;
- Have managerial and instructing personnel who meet educational requirements.
Procedure and authority to approve the establishment of a religious educational institution in Vietnam according to Article 38 of the Law on religion and folk belief 2016 is as follows:
- Before establishing a religious educational institution, a religious organization shall be responsible for applying in writing to the local agency responsible for state management of folk belief and religion.
- The application includes:
+ The application form, which specifies the names of the religious organization and the religious educational organization, the full name of the representative(s) of the religious educational organization, and the necessity of establishment of the educational institution;
+ The list, resumes, judicial records and summaries of religious activities of the representative and expected leaders of the educational institution;
+ The draft of the religious educational institution's regulations of organization and operation, which basically states the name of the educational institution; its location, functions and mission; organizational structure, personnel; levels and form of education; programs, curricula and standards of each educational level; finance and assets;
+ The draft of the educational institution’s enrollment regulations;
+ The written evidences of the availability of a legitimate location and facilities for educational activities; and the written approval by the provincial People’s Committee of the location of the educational institution.
- 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 of a religious educational institution in 60 days upon receiving such application. If the application is rejected, reason(s) shall be notified.
- After obtaining the approval of the competent government authority, the religious organization shall initiate the establishment of the religious educational institution in writing.
The written approval of the competent government authority shall lose effect after 03 years during which the religious organization has not established an educational institution.
- Religious educational institutions are not a part of the national education system.
Regulations on operations of a religious educational institution in Vietnam according to Article 39 of the Law on religion and folk belief 2016 are as follows:
- In at least 20 days prior to the commencement of a religious educational institution's operations, the representative(s) of a religious educational institution shall be responsible for notifying the central government’s body responsible for state management of folk belief and religion in writing of the religious educational institution's operations.
In addition, the notification shall be enclosed with the written statement of establishment, regulations of organization and operation, regulations of enrollment, list of members of the management, and report on financial resources and facilities for sustaining operations.
- The religious educational institution shall organize its training and enrollment according to the announced regulations of organization, operation and enrollment.
- The religious educational institution shall apply to the central government’s body responsible for state management of folk belief and religion for registration when amending its regulations of organization, operation and enrollment. The application shall specify the reason(s) and content of amendment and shall be enclosed with the amended regulations.
The competent government authority shall be responsible for reverting in writing in 45 days upon receiving a valid application. If such application is rejected, reason(s) shall be notified.
The religious educational institution shall operate according to the amended regulations upon the competent government authority's approval.
- The religious educational institution shall be responsible for notifying the central government’s body responsible for state management of folk belief and religion in writing of the academic result of each training course in no more than 20 days from the final date of the course.
The notification shall specify the name of the religious educational institution, the training course and the quantity of graduates.
- Foreigners’ pursuit of education in a religious educational institution in Vietnam shall be subject to Article 49 herein.
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