Decree No. 22/2004/ND-CP on improving the organizational structure of religious work agencies under people's committees at all levels

DECREE

Regarding the improvement of organizational structures for religious work under People's Committees at all levels

under the People's Committees at all levels

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
To implement the Resolution of the 7th Plenary Session of the Central Committee of the Communist Party of Vietnam, Term IX on religious work;
At the proposal of the Minister of Home Affairs and the Head of the Governmental Committee on Religion,

DECREE

Article 1. Principles for improving organizational structures for religious work

1. Strengthening state management responsibilities over religious work to meet new requirements and tasks.

2. Suitability with the workload and practical needs of religious work at local levels.

3. Streamlining and enhancing efficiency, organizing departments, bureaus, and offices to manage multiple sectors and fields in accordance with the policy of administrative reform.

Article 2. Criteria for improving and organizational models for religious work at provincial level (hereinafter referred to as provincial level)

1. Establishing a Religious Board as an advisory body assisting the Provincial People's Committee in performing state management functions in the field of religious work, having its own seal and separate account when meeting at least four out of six criteria below:

a) There are regular religious activities taking place within the province.

b) At least 10% of the province’s population are followers of religions.

c) The number of religious clerics, workers, and monks/nuns is 200 or more.

d) There are headquarters, offices of religions such as Bishop's Palaces, central and provincial-level organizations of religious groups; there are Seminaries (Catholicism), Buddhist Universities (Buddhism), Bible and Theology Institutes (Protestantism), other legitimate training facilities of religious organizations; there are major pilgrimage sites and festivals of religions.

đ) There are 100 or more worship places.

e) There are difficult and complex areas.

2. For provinces that do not yet meet the conditions to establish a Religious Board as stipulated in Clause 1 of this Article, the organization for religious work shall be established according to one of the following two models:

a) A Religious Board directly under the Provincial People's Committee, having its own seal; the Provincial People's Committee directly directs specialized work, the Provincial People's Committee Office ensures material bases, funding, means, and working conditions.

b) A multi-sectoral department managing state affairs including religious work and some other specialized works closely related to religious work, directly under the Provincial People's Committee.

3. Criteria for improving and organizational models for religious work at district, town, city, and provincial city level (hereinafter referred to as district level).

Based on the characteristics and workload of state management over religion in the district area, the organization for religious work at the district level shall be implemented as follows:

a) Establishing a Religious Department under the District People's Committee when meeting the following criteria:

There are headquarters, offices of religions such as Bishop's Palaces, central and provincial-level organizations of religious groups; there are Seminaries (Catholicism), Buddhist Universities (Buddhism), Bible and Theology Institutes (Protestantism), other legitimate training facilities of religious organizations; there are major pilgrimage sites and festivals of religions.

There are many ethnic minorities practicing religions and religious clerics, numerous religious activities, and difficult and complex areas.

b) For districts with religious activities but not meeting the criteria specified in point a of Clause 3 of this Article, the organization for religious work shall be carried out according to one of the following two models:

Establishing a specialized department managing multiple sectors including religious work and other specialized works closely related to religious work under the District People's Committee while ensuring the number of departments as prescribed by Government Decree No. 12/2001/NĐ-CP dated March 27, 2001.

Assigning a dedicated unit responsible for religious work under the People's Council and People's Committee Office or a specialized department of the District People's Committee.

4. For commune, ward, town (hereinafter referred to as commune level) without independent organizations, personnel shall be assigned as follows:

a) Appointing a member of the Commune People's Committee to concurrently oversee and organize the implementation of religious work in the area.

b) For communes in difficult and complex areas, additional staff may be assigned to handle religious work.

Article 3. Authority to establish organizational structures for religious work under People's Committees at all levels

1. The Provincial People's Committee, based on the principles and criteria for improving organizational structures for religious work prescribed in this Decree, shall develop a proposal for improving the organizational structure for religious work in their locality to be submitted to the Provincial People's Council for consideration and decision.

2. For provinces already having provincial-level religious work agencies, there will be no need to go through the establishment process again.

3. The Chairman of the Provincial People's Committee shall define the functions, duties, powers, organizational structure, and staffing of the religious work agency in accordance with the guidelines of the Minister of Home Affairs and the Director of the State Religious Board; report to the Prime Minister, the State Religious Board, and the Ministry of Home Affairs on the work of improving the organization for religious work in the locality.

Article 4. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 5. Responsibility for Implementation

The Minister of Home Affairs shall coordinate with the Director of the State Religious Board to guide and monitor the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of Provincial People's Committees, and Municipal People's Committees directly under the Central Government are responsible for implementing this Decree.