Directive No. 1940/CT-TTg on houses and lands related to religions

DIRECTIVE OF THE PRIME MINISTER

On houses and lands related to religion

Implementing the Party's policies and State laws on religion, in recent times, ministries, sectors, and localities have made many efforts in religious work and achieved certain results. Religious activities generally comply with the law, most believers are at ease, enthusiastic, and confident in the Party and State's policies, actively participating in national construction. Along with the country's development, the demand for religious activities among believers has increased, including the need to use houses and lands. However, due to historical circumstances, the management and use of houses and lands, including those related to religion, in our country currently raise some issues that need to be adjusted appropriately.

To ensure the uniform and lawful management and use of houses and lands related to religion, contributing to the construction and development of the country, strengthening the consolidation of the whole people's solidarity, the Prime Minister requests ministries, sectors, provincial and municipal People's Committees under the Central Government to focus on rectifying the management and use of houses and lands related to religion; review the overall planning on land management and use, and direct the timely resolution of issues related to houses and lands concerning religion, ensuring harmony between religious interests and national interests.

The management and use of houses and lands related to religion must be carried out in accordance with policies, laws, and the following principles and contents:

1. Beliefs and religions are spiritual needs of a part of the population, which will exist for a long time during the process of building socialism in our country. Ethnic groups practicing religions are part of the whole people's solidarity bloc. The Party and the State respect and guarantee the right to religious activities according to the law and legitimate needs regarding houses and lands for religious organizations and believers.

2. Religious facilities with legitimate needs for houses and lands to serve religious activities shall be considered by the provincial and municipal People's Committees under the Central Government based on the State's religious policies, land planning, land use plans, and local land funds, and shall decide to allocate areas of houses and lands to religious facilities in accordance with the procedures and formalities prescribed by law.

3. For houses and lands related to religion managed and allocated by the State during the implementation of land management policies and socialist transformation policies related to land issued before July 1, 1991, they shall be implemented in accordance with Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly and relevant legal documents. Among them, attention should be paid to the following specific cases:

a) Houses and lands related to religion managed and allocated by the State must be used for their intended purposes effectively without affecting the religious sentiments of believers. In case of improper use or inefficiency, the provincial and municipal People's Committees under the Central Government shall reclaim them for allocation to serve national interests and public benefits; if religious facilities have legitimate needs to use these houses and lands for religious purposes, depending on specific circumstances, the provincial and municipal People's Committees under the Central Government may consider allocating houses and lands with appropriate areas; or create conditions for religious organizations to build new facilities in accordance with the law;

b) Land used by religious facilities for agricultural production, forestry production, non-agricultural business production, charitable activities, and land used by religious facilities as stipulated in Clause 1, Article 99 of the Land Law (including cases of transfer or gift received before July 1, 2004), now confirmed by the commune-level People's Committee as not having disputes, shall be granted a Certificate of Land Use Rights, used according to the corresponding land use system for such types of land as for households and individuals, and can change the purpose of land use according to the decision of the provincial-level People's Committee; for land used by religious facilities for agricultural production, forestry production, non-agricultural business production, and charitable activities that are not land allocated by the State without payment of land use fees, the rights of transfer, gift, lease, and mortgage of land use rights shall be implemented in accordance with the law on land;

In cases where religious facilities have received transfers or gifts of land use rights but there are disputes, the disputes must be resolved definitively in accordance with the law before issuing the Certificate of Land Use Rights;

c) After making decisions to resolve each case of land related to religion, the competent state agencies must notify the religious facilities and believers to be aware and implement.

Acts of taking advantage of the resolution of houses and lands related to religion to disrupt social order, divide the whole people's solidarity, community solidarity, and violate the law must be strictly dealt with in accordance with the law.

4. The Ministry of Natural Resources and Environment, the Ministry of Construction, relevant ministries and sectors, and provincial and municipal People's Committees under the Central Government shall, within their functions, tasks, and authorities, rectify the management and use of houses and lands related to religion; based on religious policies, land policies, and local land funds, and the actual needs of religious facilities, examine and resolve each specific case; direct specialized agencies to continue implementing and accelerating the progress of granting Certificates of Land Use Rights to religious facilities meeting all conditions stipulated by the law on land.

5. The ministries, sectors, and People's Committees of the provinces and centrally governed cities shall coordinate with the Vietnam Fatherland Front and its member organizations to thoroughly disseminate, widely publicize, and strictly implement the Party's guidelines and State policies on beliefs and religions, houses and lands, and other related regulations.

6. The ministers of the ministries, the heads of ministerial-level agencies, the heads of government-affiliated agencies, and the chairpersons of the provincial and centrally governed city People's Committees shall develop plans to strictly implement this Directive and report annually to the Prime Minister.

Any issues encountered or arising during the implementation of this Directive shall be reported to the Prime Minister for consideration and decision.

7. The Government Religious Affairs Committee shall be responsible for coordinating with relevant agencies to monitor and urge the implementation of this Directive./.

PRIME MINISTER

(Signed)


Nguyen Tan Dung