Circular No. 03/2024/TT-BNV stipulates on the delegation of certain state management tasks regarding beliefs and religions to the Ministry of Home Affairs.

CIRCULAR
Regulations on the delegation of certain state management tasks regarding beliefs and religions to the Ministry of Home Affairs

Pursuant to the Government Organization Law 2015; the Law Amending and Supplementing Certain Provisions of the Government Organization Law and the Local Administration Organization Law 2020;

Pursuant to the Belief and Religion Law 2016;

Pursuant to Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies, and Decree No. 101/2020/NĐ-CP dated August 28, 2020 of the Government amending and supplementing certain provisions of Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating the functions, tasks, and powers of ministries and ministerial-level agencies;

Pursuant to Decree No. 63/2022/NĐ-CP dated September 12, 2022 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Home Affairs;

Pursuant to Decree No. 95/2023/NĐ-CP dated December 29, 2023 of the Government detailing certain provisions and measures for implementing the Belief and Religion Law;

At the proposal of the Religious Affairs Department of the Government Office,

The Minister of Home Affairs issues this Circular regulating the delegation of certain state management tasks regarding beliefs and religions to the Ministry of Home Affairs.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. The delegation of certain state management tasks regarding beliefs and religions to the Ministry of Home Affairs is regulated in the Belief and Religion Law (hereinafter referred to as the Law) and Decree No. 95/2023/NĐ-CP dated December 29, 2023 of the Government detailing certain provisions and measures for implementing the Belief and Religion Law (hereinafter referred to as Decree No. 95/2023/NĐ-CP).

2. This applies to units under and affiliated with the Ministry of Home Affairs and organizations and individuals related to ensuring and implementing freedom of belief and religion.

Article 2. Principles of Gradation Management

1. The delegation aims to meet the requirements of administrative reform of the Government and ensure unified, comprehensive, effective management of state administration over beliefs and religions by the Ministry of Home Affairs throughout the country.

2. Strengthen inspection and supervision of the responsibilities of agencies and organizations delegated; clearly define tasks, powers, capabilities to perform tasks, and enhance the role and initiative of agencies and heads of organizations delegated; ensure financial conditions, human resources, and other necessary conditions to implement delegated tasks.

3. Adhere to the regulations of the Law, Decree No. 95/2023/NĐ-CP on procedures, authority when implementing delegated contents and other relevant laws.

Chapter II
CONTENTS OF THE GRADATION OF STATE MANAGEMENT
REGARDING BELIEFS AND RELIGIONS OF THE MINISTRY OF HOME AFFAIRS

Article 3. Competence in receiving notifications

The Government Committee on Religion shall be authorized to receive notifications for the following contents:

1. Receiving notifications regarding ordination, appointment, election, nomination, dismissal, and removal of religious functionaries and officials:

a) Persons ordained or elected as religious functionaries in cases prescribed in Clause 1, Article 33 of the Law;

b) Persons appointed, elected, or nominated as religious officials in cases prescribed in Clause 1, Article 34 of the Law;

c) Persons appointed, elected, or nominated to hold positions in religious organizations registered for operation in multiple provinces;

d) Results of appointments, elections, or nominations of leaders of organizations registered for operation in multiple provinces according to Clause 7, Article 34 of the Law;

đ) Results of appointments, elections, and nominations of leaders of religious organizations operating in multiple provinces as prescribed in Clause 7, Article 34 of the Law;

g) Results of appointments, elections, or nominations of leaders of subordinate religious organizations registered for operation in multiple provinces according to Clause 7, Article 34 of the Law;

h) Results of appointments, elections, or nominations of leaders of religious training institutions according to Clause 7, Article 34 of the Law;

i) Revocation of ordination results or nominations for religious officials in cases stipulated in Clause 1, Article 33 of the Law;

k) Dismissal of religious officials and positions in cases stipulated in Clause 1, Article 33 and Clause 1, Article 34 of the Law;

l) Dismissal of positions of religious organizations registered for operation in multiple provinces.

2. Receive notifications related to religious training institutions:

a) Activities of religious training institutions;

b) Training outcomes of religious training institutions.

3. Receiving notifications regarding the list of religious activities and annual conferences of religious organizations, subordinate religious organizations:

a) List of religious activities for religious organizations, subordinate religious organizations, and organizations registered for operation in multiple provinces;

b) Additional list of religious activities for religious organizations, subordinate religious organizations, and organizations registered for operation in multiple provinces;

c) Annual meetings of religious organizations and subordinate religious organizations registered for operation in multiple provinces.

4. Receive notifications of changes in headquarters of religious organizations and subordinate religious organizations registered for operation in multiple provinces.

5. Receiving notifications regarding the dissolution of subordinate religious organizations operating in multiple provinces; religious training institutions:

a) Dissolution of subordinate religious organizations registered for operation in multiple provinces according to the charter of the religious organization;

b) Dissolution of religious training institutions according to the decision of the religious organization.

6. Receive notifications of termination of affiliation with foreign religious organizations by domestic religious organizations.

7. Receive notifications from religious organizations and subordinate religious organizations registered for operation in multiple provinces regarding acceptance of foreign funding.

Article 4. Competence to approve or not to approve registration for religious activities and certain related contents concerning religious organizations and activities

The Government Committee on Religion is authorized to implement approval or disapproval for the following matters:

1. Register for certification of religious activities for organizations operating in multiple provinces.

2. Register for amendments to organizational regulations and activity regulations or admission regulations of religious training institutions.

3. Registration for persons appointed, elected, or selected to hold positions as provided in Clause 1, Article 34 of the Law.

4. Register persons appointed, elected, or nominated to hold positions in religious organizations registered for operation in multiple provinces.

5. Propose inter-religious conferences of religious organizations and subordinate religious organizations.

6. Propose general assemblies of religious organizations, subordinate religious organizations, and organizations registered for operation in multiple provinces.

7. Register Vietnamese citizens ordained, appointed, elected, or nominated abroad to serve as religious officials or positions in Vietnam.

Article 5. Competence to approve or not to approve religious activities involving foreign elements

The Government Committee on Religion is authorized to implement approval or disapproval for proposals regarding the following matters:

1. Dispatch religious officials, positions, religious practitioners, and believers to engage in religious activities or religious education abroad.

2. Ordain, appoint, elect, or nominate believers of domestic religious organizations to serve as religious officials or positions for foreign religious organizations in Vietnam.

3. Invite foreign organizations or individuals to Vietnam to conduct religious activities in multiple provinces or international relations on religion.

4. Invite foreign religious officials or religious practitioners to preach for religious organizations registered for operation in multiple provinces.

5. Invite religious dignitaries or monks from foreign countries to preach to groups of foreigners engaged in concentrated religious activities.

6. Foreign individuals studying at religious training institutions in Vietnam.

7. Bestow or elect ecclesiastical titles for foreign residents legally residing in Vietnam.

Article 6. Competence in guiding the curriculum and content of courses on Vietnamese history and Vietnamese law.

The State Committee on Religion shall be responsible for guiding the curriculum and content of courses on Vietnamese history and Vietnamese law as follows:

1. Take the lead and coordinate with relevant agencies to guide the curriculum and content of courses on Vietnamese history and Vietnamese law at religious training institutions.

2. Take the lead or coordinate with relevant agencies to organize inspections and checks on the implementation of these two courses at religious training institutions.

Article 7. Competence in inspecting, recording, and issuing inspection conclusions regarding the organization of religions and affiliated religious organizations operating in multiple provinces, where religious training institutions have seriously violated Clause 4 and Clause 5 of Article 5 of the Law.

The State Committee on Religion shall be responsible for inspecting, recording, and issuing conclusions on the organization of religions and affiliated religious organizations operating in multiple provinces, where religious training institutions have seriously violated any of the cases stipulated in Clause 4 and Clause 5 of Article 5 of the Law, serving as the basis for suspending all religious activities of the organization and suspending the training activities of the religious training institution.

Article 8. Competence in receiving reports and compiling reports on the acceptance and management of financial donations from religious organizations and affiliated religious organizations.

The State Committee on Religion shall be responsible for receiving reports and compiling reports on the acceptance and management of financial donations from religious organizations and affiliated religious organizations as follows:

1. Receive annual reports (before November 30) from provincial specialized agencies on beliefs and religions regarding the organization of religions and affiliated religious organizations operating in one province accepting and managing financial donations from foreign organizations and individuals.

2. Receive and compile results of reports on the acceptance and management of financial donations from religious organizations and affiliated religious organizations operating in multiple provinces according to Clause 4 of Article 26 of Decree No. 95/2023/NĐ-CP to report to the Minister.

Chapter III

IMPLEMENTATION

Article 9. Responsibilities of the Government Committee for Religious Affairs

1. Bear responsibility under the law and the Ministry of Home Affairs for performing assigned tasks and powers; implement in accordance with prescribed procedures, powers, and deadlines set forth in the Law and Decree No. 95/2023/NĐ-CP for the delegated contents.

2. Bear responsibility for assisting the Minister in state management in the field of beliefs and religions and organizing the implementation of policies and laws on beliefs and religions; take the lead and coordinate with units under ministries, sectors, and localities to disseminate, implement, train, and guide business practices on the Party's guidelines and state laws on beliefs and religions for civil servants involved in state management of beliefs and religions; publicize and disseminate policies and laws on beliefs and religions to religious dignitaries, religious workers, monks, believers of religious organizations; representatives and managers of belief sites; work with ministries, sectors, and localities to coordinate and resolve issues related to beliefs and religions.

3. Self-inspect the implementation of the contents delegated to the State Committee on Religion to ensure that the delegated contents are implemented in accordance with the provisions of the Law and Decree No. 95/2023/NĐ-CP.

4. Report annually (no later than December 25) to the Minister on the situation and results of implementing the delegated contents.

In case of necessity, the Minister may request the State Committee on Religion to submit ad hoc reports on the implementation of delegated competencies.

Article 10. Effective Date

1. This Circular takes effect from July 30, 2024.

2. The provisions on delegating authority to the Chairman of the State Committee on Religion in state management of beliefs and religions cease to be effective from the date this Circular takes effect.

Article 11. Responsibility for Implementation

1. The Chairman of the State Committee on Religion is responsible for directing the State Committee on Religion to effectively implement the contents stipulated in Article 9 of this Circular.

2. Agencies with delegated authority, the Chairman of the State Committee on Religion, the Director of the Ministry's Office, and heads of units under and directly subordinate to the Ministry of Home Affairs are responsible for implementing this Circular.

3. During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Home Affairs (through the State Committee on Religion) for consideration and resolution.