Requirements for establishment, split-up, spin-off, merger and consolidation of religious affiliates in Vietnam

Requirements for establishment, split-up, spin-off, merger and consolidation of religious affiliates in Vietnam (Internet image) 

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

1. Requirements for establishment, split-up, spin-off, merger and consolidation of religious affiliates in Vietnam

According to Article 28 of the Law on religion and folk belief 2016, a religious organization’s or religious affiliate’s establishment, split-up, spin-off, merger and consolidation of religious affiliates are subject to the following conditions:

- The charter of the religious organization stipulates the establishment, split-up, spin-off, merger and consolidation of religious affiliates;

- The activities of the religious affiliate, before being split up, being spun off, being merged or consolidating, are not prohibited pursuant to Article 5 herein;

- It is based at a legitimate location.

2. Procedures and authority to approve the establishment, split-up, spin-off, merger and consolidation of religious affiliates in Vietnam

Procedures and authority to approve the establishment, split-up, spin-off, merger and consolidation of religious affiliates in Vietnam according to Article 29 of the Law on religion and folk belief 2016 are as follows:

- A religious organization or religious affiliate shall apply in writing to competent government authority defined in Section 3 of Article 29 of the Law on religion and folk belief 2016 for establishing, splitting up, spinning off, merging or consolidating religious affiliate(s).

- The application includes:

+ The application form, which specifies the reasons(s), the name of the applicant organization; the name of the religious affiliate(s) to be formed; the name of the organization(s) and relevant representative(s) before and after the split-up, spin-off, merger or consolidation; the area of operation and quantity of followers of the religious affiliate(s) upon its (their) initial formation; the area of operation and quantity of followers of the religious affiliate(s) before and after the split-up, spin-off, merger or consolidation; the organizational structure and expected location(s) of the religious affiliate(s) after its (their) formation, split-up, spin-off, merger or consolidation;

+ The written summary of operation of the religious affiliate(s) before the split-up, spin-off, merger or consolidation;

+ The list, resumes, judicial records and summaries of religious activities of the representative(s) and expected leaders of the religious affiliate(s);

+ The charter, if available, of the religious affiliate(s);

+ The written declaration of legitimate assets of the religious affiliate(s);

+ The written evidences of the availability of legitimate location(s) for its (their) facilities.

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

+ 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;

+ 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.

- Upon the approval of the competent government authority, the religious organization or religious affiliate shall initiate in writing the establishment, split-up, spin-off, merger or consolidation of religious affiliate(s).

The written approval of the competent government authority shall lose effect after 01 year during which the religious organization or religious affiliate has not established, split up, spin off, merger or consolidate any religious affiliate.

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