Ordinance No. 21/2004/PL-UBTVQH11 on Belief and Religion

ORDINANCE

Beliefs and religions

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

 Based on Resolution No. 21/2003/QH11 dated November 26, 2003 of the National Assembly, Session 4, regarding the legislative program for 2004;

 This Ordinance stipulates activities related to beliefs and religions,

PART I
GENERAL PROVISIONS

Article 1

Citizens have the right to freedom of belief and religion, to follow or not follow any religion.

The State ensures citizens' freedom of belief and religion. No one shall infringe upon such freedom.

All religions are equal before the law.

Citizens with beliefs and religions or without beliefs and religions, as well as those with different beliefs and religions, must respect each other.

Article 2

Clergy, religious practitioners, and citizens with beliefs and religions enjoy all civil rights and have the responsibility to fulfill their civic duties.

Clergy and religious practitioners have the responsibility to regularly educate believers about patriotism, the exercise of civil rights and obligations, and awareness of compliance with the law.

Article 3

In this Ordinance, the following terms shall be understood as follows:

1. Belief activities are activities expressing reverence for ancestors; commemorating and honoring those who have made contributions to the country and community; worshipping deities, saints, traditional symbols, and other folk belief activities that represent good historical, cultural, and social moral values.

2. Belief premises are places where communities carry out belief activities, including communal houses, temples, shrines, hermitages, ancestral halls, family shrines, and similar premises.

3. Religious organizations are groups of people who share a system of doctrines, laws, rituals, and organizational structures recognized by the State.

4. Religious organization premises are grassroots units of religious organizations, including temple management boards or temple management committees in Buddhism, parishes in Catholicism, church branches in Protestantism, religious sects in Caodaism, local Buddhist Hòa hảo management boards, and grassroots units of other religious organizations.

5. Religious activities involve the propagation, practice of doctrines, laws, rituals, and management of religious organizations.

6. Religious associations are forms of believer gatherings established by religious organizations to serve religious activities.

7. Religious premises are places of worship, monastic life, training grounds for religious professionals, headquarters of religious organizations, and other religious premises recognized by the State.

8. Believers are individuals who adhere to a religion and are recognized by religious organizations.

9. Religious practitioners are believers voluntarily living a lifestyle according to the doctrines and laws of their religion.

10. Clergy are believers holding positions and titles within a religion.

Article 4

Temples, churches, mosques, shrines, communal houses, headquarters of religious organizations, educational facilities of religious organizations, lawful belief and religious premises, religious scriptures, and ritual items are protected by law.

Article 5

The State ensures the right to engage in belief and religious activities in accordance with the law; respects and promotes the cultural and moral values of religions; preserves and promotes positive traditional values of ancestor worship, commemoration, and honoring those who have contributed to the country and community, contributing to consolidating the national solidarity bloc, meeting the spiritual needs and mental life of the people.

Article 6

Relations between the Socialist Republic of Vietnam and other countries and international organizations concerning issues related to religion must be based on the principles of respecting independence and sovereignty, non-interference in internal affairs, equality, mutual benefit, and compliance with domestic laws, international law, and international practices.

, Clause 1, Clause 2 Article 7a of this Regulation.

1. The Vietnam Fatherland Front and its member organizations within their respective mandates have the responsibility to:

a) Unite compatriots with beliefs and religions and those without beliefs and religions to build a national solidarity bloc, construct and defend the homeland;

b) Timely reflect the opinions, wishes, and recommendations of the people regarding issues related to beliefs and religions to competent state agencies;

c) Participate in propaganda and mobilization of clergy, religious practitioners, believers, those with beliefs, religious organizations, and the people to comply with the law on beliefs and religions;

d) Participate in building and supervising the implementation of policies and laws on beliefs and religions.

2. Within their respective mandates, state agencies actively coordinate with the Vietnam Fatherland Front Committee and its member organizations in propaganda, mobilization, and implementation of policies and laws on beliefs and religions.

Article 8

1. Discrimination based on belief and religion is prohibited; violations of citizens' freedom of belief and religion are not allowed.

2. It is not permitted to abuse the freedom of belief and religion to undermine peace, independence, and national unity; incite violence or propagate war, actions contrary to the law and state policy; divide the people, ethnic groups, and religions; disrupt public order, harm the lives, health, dignity, honor, property of others, obstruct the exercise of rights and fulfillment of civic duties; engage in superstitious and illegal activities.

PART II
BELIEF ACTIVITIES OF BELIEVERS AND RELIGIOUS ACTIVITIES OF BELIEVERS, RELIGIOUS PRACTITIONERS, AND CLERGY

Article 9

1. Believers are free to express their faith, perform worship rituals, pray, and participate in various forms of religious festivals, rituals, and religious education according to their beliefs.

2. In belief and religious activities, believers must respect others' freedom of belief and religion, and the freedom not to believe; exercise their freedom of belief and religion without hindering the exercise of rights and fulfillment of civic duties; conduct belief and religious activities in accordance with the law.

Article 10

Those participating in belief and religious activities must respect the regulations of belief and religious premises, festival rules, and community agreements.

Article 11

1. Clergy are persons holding managerial positions or titles in a religion. Religious practitioners are individuals adhering to and practicing a unique lifestyle according to the doctrines and laws of a religion.

21. Clergy and religious practitioners may perform religious rituals within their jurisdiction, give sermons, and spread teachings at religious facilities.

32. In cases where performing religious rituals, giving sermons, or spreading teachings outside the provisions set forth in Clause 12 of this Article must be approved by the competent state management agency on religion, which is the People's Committee of the district, town, city under provincial administration, or provincial city (hereinafter referred to collectively as the People's Committee of the district level) where such activities take place.

Article 12

1. The person responsible for managing a religious organization at a facility shall register the annual religious activity program conducted at that facility with the People's Committee of the commune, ward, town (hereinafter referred to collectively as the People's Committee of the commune level); in cases where organizing religious activities outside the registered program, permission from the competent state authority must be obtained.

2. The authority to approve the organization of folk belief festivals shall be prescribed by the Government.

Article 13

1. A person currently serving a criminal sentence or under house arrest according to the law shall not be allowed to preside over religious rituals, spread teachings, give sermons, manage religious organizations, or preside over folk belief festivals.

2. For individuals who have completed their sentences or administrative penalties as stipulated in Clause 1 of this Article, they may only resume presiding over religious rituals, spreading teachings, giving sermons, and managing religious organizations after being registered by the religious organization and obtaining approval from the competent state authority.

Article 14

Religious and belief activities must ensure safety, economy, and be consistent with national traditions and cultural identity, while preserving and protecting the environment.

Article 15

Religious and belief activities will be suspended if they fall into any of the following situations:

1. Violating national security, seriously affecting public order or the environment;

2. Having a negative impact on national unity or fine cultural traditions;

3. Infringing upon the lives, health, dignity, honor, or property of others;

4. Engaging in other serious violations of the law.

CHAPTER III
RELIGIOUS ORGANIZATIONS AND ACTIVITIES OF RELIGIOUS ORGANIZATIONS

Article 16

1. An organization is recognized as a religious organization when it meets the following conditions:

a) It is an organization of people with the same beliefs, having doctrines, laws, and rituals that do not contravene social customs and the interests of the nation;

b) It has a charter and regulations expressing its objectives, purposes, and paths of practice closely tied to the nation and not contrary to the provisions of the law;

c) It has registered religious activities and maintains stable religious activities;

d) It has a headquarters, organizational structure, and a legally authorized representative;

đ) Its name does not duplicate the name of a religious organization already recognized by the competent state authority.

2. Authority to recognize religious organizations:

a) The Prime Minister recognizes religious organizations operating across multiple provinces or centrally-administered cities;

b) The Chairman of the People's Committee of a province or centrally-administered city recognizes religious organizations primarily operating in one province or centrally-administered city.

3. The registration of religious activities as provided for in point ce of Clause 1 of this Article; the religious activities of registered organizations and the procedures for recognizing religious organizations shall be prescribed by the Government.

Article 17

1. Religious organizations may establish, divide, separate, merge, or consolidate subordinate organizations according to their charters and regulations.

2. The establishment, division, separation, merger, or consolidation of religious organizations at the grassroots level must be approved by the People's Committee of the province or centrally-administered city (hereinafter referred to collectively as the People's Committee of the province level).

3. The establishment, division, separation, merger, or consolidation of religious organizations not falling under the provisions of Clause 2 of this Article must be approved by the Prime Minister.

central-level state management agency on religion.

Article 18

1. The convening of meetings or congresses of grassroots religious organizations must be conducted after obtaining approval from the People's Committee of the district level where the meeting or congress takes place.

2. The convening of central-level or nationwide meetings or congresses of religious organizations must be conducted after obtaining approval from the central-level state management agency on religion.

3. The convening of meetings or congresses of religious organizations not covered by the provisions of Clauses 1 and 2 of this Article must be conducted after obtaining approval from the People's Committee of the province level where the meeting or congress takes place.

Article 19

1. Religious associations are forms of organization established by religious organizations to serve religious activities.

2 1. Religious associations can only operate after being registered with the competent state authority as prescribed in Clause 3 of this Article.

32. The registration of religious associations is regulated as follows:

a) Religious associations with an operational scope within one district, town, city under provincial administration, or provincial city shall register with the People's Committee of the district level where the association operates;

b) Religious associations with an operational scope across multiple districts, towns, cities in one province or centrally-administered city shall register with the People's Committee of the province level where the association operates;

c) Religious associations with an operational scope across multiple provinces or centrally-administered cities shall register with the central-level state management agency on religion.

Article 20

Religious orders, monasteries, and other collective religious practice organizations must operate after registering with the competent state authority.

The registration of religious orders, monasteries, and other collective religious practice organizations shall be carried out in accordance with the regulations on religious associations as prescribed in Clause 2 of Article 1915 of this Ordinance.

Article 21

1. Individuals entering religious facilities to become monks or nuns must do so voluntarily, without coercion or obstruction. Minors wishing to enter religious facilities must obtain the consent of their parents or guardians.

2. The person in charge of a religious facility, when accepting individuals for monkhood or nunhood, shall register with the People's Committee of the commune level where the religious facility is located.

Article 22

1. The conferring of titles, appointments, elections, or dismissals of religious dignitaries shall be carried out in accordance with the charter and regulations of the religious organization and must ensure the conditions stipulated in Clause 2 of this Article; in cases involving foreign elements, prior agreement with the central state management agency on religion is also required.

2. Religious organizations must ensure that those conferred titles, appointed, elected, or selected meet the following conditions to be recognized by the State:

a) Being a Vietnamese citizen with good moral character;

b) Having a spirit of unity and national harmony;

c) Strictly complying with the laws of the State.

3. The dismissal of religious dignitaries shall be carried out in accordance with the charter and regulations of the religious organization.

4. Religious organizations have the responsibility to register individuals conferred titles, appointed, elected, or selected; and to report on the dismissal of religious dignitaries to the competent state management agency.

Religious organizations have the responsibility to report to the competent state authority on the dismissal of individuals holding positions within the religious organization.

Article 23

When transferring places of religious activity, religious organizations must inform the People's Committee of the district where they are leaving and register with the People's Committee of the district where they are moving to.

In cases where religious dignitaries or religious practitioners violate religious laws and have been administratively sanctioned by the Chairman of the Provincial People's Committee or criminally prosecuted, their transfer to another place of religious activity must also be approved by the People's Committee of the province where they are moving to, as prescribed by the Government.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

1. Religious organizations may establish training schools or conduct classes for those specializing in religious activities.

2. The establishment of such training schools must be approved by the Prime Minister.

Admissions to religious training schools must be conducted openly, based on the voluntary participation of candidates and the operational regulations of the school which have been approved.

Courses on Vietnamese history, ethnicity, ethnic culture, and Vietnamese law are mandatory subjects in the training program at schools for those specializing in religious activities.

3. Conducting classes for the training of those specializing in religious activities must be approved by the Chairman of the Provincial People's Committee where the class is held.

4. The procedures for establishing and dissolving religious training schools and classes are regulated by the Government.

Article 25

Religious ceremonies conducted outside religious premises shall be carried out in accordance with the following provisions:

1. Ceremonies attended by believers within the scope of a district, town, city under a province must be approved by the People's Committee of the district where the ceremony takes place.

2. Ceremonies attended by believers from multiple districts, towns, cities under a province within the scope of a province or centrally governed city, or from multiple provinces or centrally governed cities must be approved by the People's Committee of the province where the ceremony takes place.

PART IV
ASSETS OF RELIGIOUS AND BELIEF PREMISES AND
SOCIAL ACTIVITIES OF RELIGIOUS ORGANIZATIONS AND
MONKS AND CLERGY

Article 26

Legitimate assets of religious and belief premises are protected by law, and any infringement upon them is strictly prohibited.

Article 27

1. Land with structures used by religious organizations includes land belonging to temples, churches, sanctuaries, mosques, monasteries, schools for those specializing in religious activities, headquarters of religious organizations, and other religious premises permitted by the State for long-term stable use.

2. Land with structures such as communal houses, shrines, temples, hermitages, ancestral halls, and family temples can be used for long-term stable purposes.

3. Management and use of land as stipulated in Clauses 1 and 2 of this Article shall be carried out in accordance with the laws on land.

Article 28

1. Religious premises and organizations may organize fundraising, accept donations, and gifts from domestic and foreign organizations and individuals on a voluntary basis, in accordance with the law.

2. Fundraising activities of religious premises and organizations must be transparent regarding the purpose of use and must be reported to the People's Committee of the locality where the fundraising takes place before it begins.

3. It is not allowed to exploit fundraising for personal gain or to achieve unlawful purposes.

Article 29

2Activities of belief and religion at religious and belief premises that are historical-cultural relics or scenic spots are ensured to operate normally like other religious and belief premises.

Management, use, renovation, and upgrading of structures at religious and belief premises that are historical-cultural relics or scenic spots shall be carried out in accordance with the laws on cultural heritage and related laws.

Article 30.

Renovation, upgrading, and new construction of structures at religious and belief premises must comply with the laws on construction.

Any change in the use of structures at religious premises must be approved by the District People's Committee; any change in the use of structures at religious premises must be approved by the Provincial People's Committee.

Article 31

Relocation of structures at religious and belief premises due to economic and social development planning requirements must be discussed beforehand with representatives of the religious premises and organizations, and compensation must be provided according to the law.

Article 32

Publishing, printing, and distributing religious books, publications, and other religious materials; trading, exporting, and importing religious cultural products; producing items for religious activities shall be carried out in accordance with the laws on publishing and other relevant legal documents.

Article 33

1. The State encourages and creates conditions for religious organizations to support the development of preschool and kindergarten schools, participate in raising and caring for children with special circumstances; support health care facilities for poor people, disabled persons, HIV/AIDS patients, leprosy patients, and mental patients; support the development of preschool education institutions and participate in other charitable activities in accordance with the charter and regulations of the religious organization and the provisions of the law.

2. Religious clerics, monks, and believers, as citizens, are encouraged by the State to organize educational, medical, and charitable activities in accordance with the provisions of the law.

CHAPTER V
INTERNATIONAL RELATIONS OF RELIGIOUS ORGANIZATIONS, BELIEVERS, MONKS, AND CLERGY
MONKS AND CLERGY

Article 34

Religious organizations, believers, monks, and clerics have the right to carry out international relations activities in accordance with the charter, regulations, or canon law of the religious organization, in compliance with Vietnamese law.

When carrying out international relations activities, religious organizations, believers, monks, and clerics must be equal, respect each other, respect the independence and sovereignty of countries, and respect their internal affairs.

Article 35

The following international relations activities must be approved by the central state management agency on religion:

1. Inviting foreign organizations or individuals to Vietnam or implementing the policies of foreign religious organizations in Vietnam;

2. Participating in religious activities, sending individuals to religious training programs abroad.

Article 36.

Foreign religious clerics and monks who preach at Vietnamese religious institutions after obtaining approval from the central state management agency on religion must comply with the regulations of the Vietnamese religious organization and adhere to Vietnamese law.

Article 37

Foreign individuals entering Vietnam must abide by Vietnamese law; they may bring religious publications and other religious items for personal use in accordance with Vietnamese law; they may be provided with conditions to practice religion at religious institutions similar to Vietnamese religious believers; they may invite Vietnamese religious clerics to perform religious ceremonies for them; they must respect the regulations of religious organizations in Vietnam.

Chapter VI
IMPLEMENTING PROVISIONS

Article 38.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions than those stipulated in this Ordinance, the provisions of the international treaty shall prevail.

Article 39

1. Religious organizations that have been recognized by competent state authorities before this Ordinance takes effect are not required to reapply for recognition.

2. Religious associations, monastic orders, monasteries, and other collective religious organizations that have registered and been permitted to operate before this Ordinance takes effect are not required to re-register.

Article 40

This Ordinance takes effect from November 15, 2004.

Article 41

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.