Decree No. 26/1999/NĐ-CP on religious activities

DECREE

Regarding religious activities

THE GOVERNMENT

Pursuant to Article 70 of the Constitution of the Socialist Republic of Vietnam in 1992;
Pursuant to the Government Organization Law dated September 30, 1992;

To ensure citizens' freedom of belief and religion, and create conditions for religious organizations to operate under the law;

At the proposal of the Head of the Religious Committee of the Government,

DECREE

PART I
GENERAL PROVISIONS

Article 1. The State of the Socialist Republic of Vietnam guarantees the freedom of belief and religion and the freedom not to believe or practice religion.

Strictly prohibit discrimination on grounds of belief or religion.

Article 2. Citizens who follow a religion or do not follow a religion are equal before the law, enjoy all rights of citizenship, and have the responsibility to fulfill all civic duties.

Article 3. Religious activities must comply with the laws of the State of the Socialist Republic of Vietnam.

Article 4. Religious activities for legitimate and lawful benefits of believers are guaranteed.

Religious activities for the benefit of the country and the people are encouraged.

Article 5. Any acts violating the freedom of belief and religion, any acts exploiting belief and religion to oppose the Socialist Republic of Vietnam, obstructing believers from fulfilling their civic duties, destroying the cause of national unity, harming the healthy cultural foundation of the nation, and superstitious activities shall be dealt with according to the law.

Chapter II
SPECIFIC PROVISIONS

Article 6. Every citizen has the right to freely follow or not follow any religion, renounce or change religion.

Article 7.

1. Believers have the right to carry out religious activities that do not contravene the policies and laws of the State, perform rituals and prayers at home, and participate in religious activities, study religious teachings and ethics, and serve religious ceremonies at places of worship.

2. Believers may not exploit beliefs and religions to violate the law, nor engage in superstitious activities.

Article 8.

1. Religious organizations with objectives, purposes, directions of practice, organizational structures in compliance with the law and approved by the Prime Minister for operation are protected by the law..

2. Religious activities at places of worship (prayer sessions, ceremonies, preaching, studying religious teachings) registered annually and conducted within the premises of the place of worship do not require permission.

3. Religious activities extending beyond the premises of the place of worship or not registered annually must obtain permission from the competent state agency.

4. Religious organizations can generate financial resources from voluntary contributions from individuals and organizations, and other lawful income.

Organizing fundraising must be approved by the Chairman of the Provincial People's Committee. Coercing believers to contribute is strictly prohibited.

Managing and using funds obtained from the above sources shall be carried out in accordance with the provisions of the law.

5. Religious organizations operating contrary to their objectives, purposes, directions of practice, and organizational structures approved by the Prime Minister shall be suspended. Individuals responsible for such violations shall be dealt with according to the law.

Article 9. Retreats of priests within dioceses, gatherings of monks and nuns from various monasteries and orders of the Catholic Church, spiritual renewal meetings of pastors and evangelism of the Protestant Church, and similar religious activities of other religions shall be conducted in accordance with the regulations of the provincial-level state management agencies on religion.

Article 10.

1. National conferences or meetings of religious organizations involving multiple provinces or centrally-administered cities must be approved by the Prime Minister;

2. Conferences or meetings of religious organizations at local levels must be approved by the Chairman of the Provincial People's Committee.

Article 11.

1. The State protects places of worship of religious organizations.

2. Religious organizations are responsible for maintaining and repairing places of worship..

3. Houses, land, and other assets transferred to state agencies for management and use pursuant to the policies of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, the Socialist Republic of Vietnam, or donated or gifted to the State belong to the ownership of the Socialist Republic of Vietnam.

Article 12.

1. Renovation and construction at places of worship classified as historical, cultural, scenic, and landmark sites shall be carried out in accordance with the provisions of the Law on the Protection and Utilization of Historical, Cultural Sites and Scenic and Landmark Areas dated March 31, 1984.

2. Minor repairs and maintenance of structures within places of worship that do not alter the structure or architecture shall be organized and implemented by the place of worship after notifying the Chairman of the Commune People's Committee.

3. Major renovations and repairs altering the structure or architecture of buildings at places of worship, restoration of destroyed or abandoned religious structures due to war, natural disasters, or accidents; establishment of new places of worship, construction of religious buildings (temples, statues, steles, pagodas, towers, and other structures for religious purposes) must be approved by the Chairman of the Provincial People's Committee.

4. Fundraising to finance the construction and renovation of places of worship must be approved by the Chairman of the Provincial People's Committee.

Article 13. Religious practices are ensured to be carried out normally at places of worship classified according to the Law on the Protection and Utilization of Historical, Cultural Sites and Scenic and Landmark Areas dated March 31, 1984.

Article 14.

1. Printing, publishing religious books, scriptures, and publications, producing, trading, importing and exporting religious cultural products and religious items shall be carried out in accordance with the state regulations on printing, publishing, production, business, import and export of cultural goods and commodities.

2. Prohibit printing, producing, trading, circulating, and storing books and cultural products containing content opposing the Socialist Republic of Vietnam, causing division among religions, ethnic groups, and undermining national unity.

Article 15.

1. Religious clergy and religious practitioners have the right:

To exercise their religious responsibilities and positions within the scope of responsibilities approved by the competent state agency;

To be recognized and rewarded by the State for their contributions to the cause of national unity, building, and defending the country;

To enjoy political, economic, cultural, and social rights of citizens.

2. Religious clergy and religious practitioners have the obligation:

- Perform duties and positions in accordance with religious responsibilities within the scope approved by competent state management agencies and be accountable under the law for all religious activities within that scope.

- Encourage believers to strictly comply with state policies and laws.

Article 16. A person impersonating a religious dignitary or monk shall be subject to administrative penalties or criminal prosecution.

A person serving a prison sentence or under administrative surveillance may not perform religious duties or positions. The restoration of religious duties or positions for individuals who have completed their sentences must be proposed by the religious organization managing them and approved by the competent state management agency.

Article 17.

1. Religious dignitaries and monks may engage in economic and cultural-social activities like other citizens.

2. Religious dignitaries, monks, and religious organizations engaged in charitable activities in accordance with state regulations. Charitable facilities supported by religious dignitaries, monks, and religious organizations operate under the guidance of relevant state agencies.

Article 18.

1. Establishing schools to train religious dignitaries and monks requires permission from the Prime Minister.

2. The organization and operation of schools training religious dignitaries and monks must comply with the regulations of the Government's Religious Affairs Committee and the Ministry of Education and Training.

3. Schools training religious dignitaries and monks must implement state regulations, policies, and laws under the guidance, supervision, and inspection of relevant state agencies and provincial People's Committees.

Article 19.

1. Religious orders (or similar collective religious practice forms) wishing to operate must obtain permission and approval from competent state agencies.

2. The acceptance of novices follows the regulations of the Government's Religious Affairs Committee.

Article 20.

1. The bestowal of the title of Buddhist Abbot, Catholic Cardinal, Bishop, and equivalent titles in other religions must be approved by the Prime Minister.

2. The bestowal of titles on religious dignitaries and monks not covered under Clause 1 of this Article must be approved by the Chairman of the Provincial People's Committee.

Article 21. The appointment, transfer, and reassignment of religious dignitaries, monks, and full-time religious workers, including those elected by believers, according to specific areas of activity must be approved by the Chairman of the Administrative Management People's Committee of those areas.

Article 22.

1. Religious organizations and individuals report to the Government's Religious Affairs Committee on guidelines issued by foreign religious organizations and individuals and implement such guidelines upon approval by the Government's Religious Affairs Committee.

2. Religious dignitaries and monks bestowed titles or appointments by foreign religious organizations and individuals must be approved by the Prime Minister.

Article 23. International activities of religious organizations and individuals must comply with the law and align with Vietnam's foreign policy based on respect for national independence and sovereignty, promoting peace, stability, cooperation, and friendship.

Article 24.

1. Domestic religious organizations and individuals inviting foreign religious organizations and individuals to Vietnam must obtain approval from the Government's Religious Affairs Committee.

2. Domestic organizations and individuals participating as members of foreign religious organizations, engaging in religious activities, or related to religion abroad must follow the regulations of the Government's Religious Affairs Committee.

Article 25.

1. Foreign nationals residing legally in Vietnam may engage in religious activities according to Vietnamese law. Group gatherings for religious activities at worship sites must be permitted by the Chairman of the Provincial People's Committee.

2. Foreign organizations and individuals, including religious ones, entering Vietnam for non-religious fields may not organize, manage, or participate in organizing or managing religious activities or propagate religion.

Article 26.

1. Activities of foreign religious organizations or those related to foreign religions in providing aid must adhere to current aid policies and regimes and be conducted through agencies designated by the Vietnamese Government to oversee aid management.

2. Domestic religious organizations and individuals wishing to receive purely religious aid must apply for permission from the Prime Minister.

Chapter III
IMPLEMENTING PROVISIONS

Article 27. This Decree replaces Decree No. 69/HĐBT dated March 21, 1991, of the Council of Ministers (now the Government) and takes effect fifteen days after its issuance. Previous provisions contrary to this Decree are hereby abolished.

Article 28. The Ministers, the heads of ministry-level agencies or agencies under the Government, and the Chairmen of the People's Committees of provinces and centrally-administered cities shall be responsible for implementing this Decree.

Article 29. The Chairman of the Government's Religious Affairs Committee guides, urges, and supervises the implementation of this Decree.