Main things should-to-know about Law on Belief and Religion 2017

25/11/17


Question 1: How is the right to freedom of belief and religion for everyone prescribed in the new Law on belief and religion?
Article 6 of the Law on belief and religion on the right to freedom of belief and religion specifies the following:
- Everyone has the right to freedom of belief and religion, to follow or not to follow a religion.
- Everyone shall be entitled to express their faith, perform religious rites, participate in religious ceremonies, and study dogmas of the religion.
- Everyone has the right to lead a religious life in religious establishments and to study in religious training schools, refresher courses of religious organizations. A juvenile who wishes to lead a religious life or study in religious training schools shall require agreement by his/her parents or guardian.
- Dignitaries, deacons and clergypersons shall be entitled to conduct religious rites and preach at religious establishments or other legal places.
- A person who is illegally arrested, held in custody, temporarily detained, charged with a criminal offence, investigated, prosecuted and brought to trial or subject to judicial enforcement, or a person taken to a rehabilitation center, has the right to use religious scriptures and express religious beliefs.
- The Government shall issue specific guidance for the implementation of these rights prescribed in Paragraph 5, Article 6 of the Law of belief and religion.
Question: How are the rights of religious organizations and dependent religious organizations prescribed in the law on belief and religion?
Article 7 of the law on belief and religion specifies the rights of religious organizations and dependent religious organizations as the following:
- To carry out religious activities in accordance with the charter, statutes and documents with similar contents (referred to as the charter) of religious organizations.
-  To perform religious practices.
-  To publish religious scriptures and other publications related to belief and religion.
-   To produce, export or import cultural products related to belief and religion or religious supplies.
-   To renovate, upgrade, construct religious establishments.
-   To accept assets donated and presented voluntarily by domestic and foreign organizations and individuals.
- Other rights accorded with the provisions of this Law and other concerning laws.
How are the rights to religious freedom of foreigners prescribed in the Law on belief and religion?
Article 8 of the Law on belief and religion on the rights of foreigners who are lawfully residing in Vietnam stipulates the following:
- The right to freedom of belief and religion of foreigners who are lawfully residing in Vietnam shall be respected and protected by Vietnam State.
- A foreigner lawfully residing in Vietnam has the rights to:
+ Practice the religion, participate in belief and religious activity,
+ Engage in collective religious practices at legal worshipping places,
+ Invite religious dignitaries, deacons and clergypersons who are Vietnamese nationals or foreigners to perform religious rites or preach,
+ To lead a religious life in religious establishments and study in religious training schools or refresher courses of the religious organizations in Vietnam,
+ To possess religious publications, religious articles for his/her personal use in compliance with stipulations by the law of Vietnam,
-   A dignitary, clergyperson who is foreign national shall be entitled to preach at Vietnam religious establishments.
Question: What are responsibilities of organizations and individuals for the implementation of the right to freedom of belief and religion prescribed in the law?
Article 9 of the Law on belief and religion specifies the rights of organizations, individuals in the implementation of the right to freedom of belief and religion as the following:
- Organizations, individuals while participating in the practice of belief and religion shall have to observe the Constitution, the Law on belief and religion and other concerning laws.
- Dignitaries, deacons, clergyperson, representatives and management boards of religious establishments shall guide followers, persons engaging in belief and religious activities to conduct belief and religious activities in accordance the law.

Question 2: What are religious establishments as specified in the Law on Belief and Religion ?
- Religious establishments specified in the Law on Belief and Religion are pagodas, churches, chapels, shrines, oratories, cathedrals, offices of religious organizations and other legal establishments of religious organizations.
Which places are considered legal according to the Law on Belief and Religion?
- The lawful places as stipulated by the Law on Belief and Religion are land, houses and buildings which organizations or individuals who has the lawful right to use as prescribed by law.
Who is the representative according to the provisions of the Law on Belief and Religion?
According to the provisions of the Law on Belief and Religion, the representative is the person who represents and is responsible before the law for a group or an organization in collective religious practices and activities.
How is responsibility of the State in ensuring the right to freedom of belief and religion of people in the country as prescribed in the Law on Belief and Religion?
The Article 3 of the Law on Belief and Religion stipulates the responsibility of the State in ensuring the right to freedom of belief and religion as the following:
- The State respects and protects everyone’s right to freedom of belief and religion, and ensures that all religions are equal before the law.
- The State respects and protects fine cultural and moral values of beliefs and religions, the tradition of worshiping ancestors and people with merits to the country and the community, thus meeting the spiritual needs of people.
- The State protects establishments as well as lawful property of belief establishments and religious organizations.


Question 3: Which are procedures for registration of religious activities held outside the annually registered program of grassroots religious organizations and attended by believers beyond one district, town or provincial city or beyond a province?
Answer:
Administrative procedures for registration of religious activities held outside the annually registered program and attended by believers beyond one district, town or provincial city or beyond a province are as the following:
Procedures:
Step 1: The grassroots religious organization wishing to hold a religious activity outside the annually registered program and attended by believers beyond one district, town or provincial city or beyond a province shall send a dossier to the Department of Home Affairs of the province where such a grassroots religious activity to take place.
Step 2: The provincial Department of Home Affairs shall consider the dossier and request for supplementation in case of necessity.
Step 3:
- The Department of Home Affairs in collaboration with the relevant agencies to appraise the dossier and submit to the province-level People’s Committee for approval.
- The province-level People’s Committee shall consider the proposal submitted by its Department of Home Affairs and make decision to approve or disapprove the religious activity wishing to be held by the grassroots religious organization (or authorize to the Division of Home Affairs for making decision). In case of refusal, a written reply shall be provided with clearly stated reasons.
2. Sending and receiving the dossier: The dossier shall be sent directly or by post office, and shall be received in working days.
3. The dossier shall comprise:
a. A formally written request.
b. Number of copy: One
4. Deadline for reply: Within 15 working days after receipt of a valid dossier.
5. Religious subjects or entities to fulfill administrative procedures: grassroots religious organizations wishing to hold religious activities outside the annually registered program and attended by believers beyond one district, town or provincial city or beyond a province.
6. State agencies to handle administrative procedures: Department of Home Affairs (the province-level body for religious affairs )
7. Result of administrative procedures: Written approval or disapproval for registration of the religious activity to be held by the grassroots religious organization outside the annually registered program.
8. Fees: No.
9. The prescribed forms: The form B22 for registration of religious activities outside the annual registered program as prescribed by Circular No. 01/2013/TT-BNV dated on March 25, 2013.
10. Requirements and conditions for implementation of administrative procedures: No.
11. Legal ground of administrative procedures:
- Ordinance on Belief and Religion dated June 18th, 2004.
- Decree 92/2012/NĐ-CP date November 8th, 2012 detailing and providing measures for the implementation of the Ordinance on Belief and Religion.
- Circular No. 01/2013/TT-BNV dated on March 25, 2013 of the Ministry of Home Affairs issuing and guiding the use of forms of administrative procedures in the field of belief and religion./.
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All comments [ 1 ]


LawrenceSamuels 5/12/17 20:15

This article is very useful, especially for religious dignitaries, to know more about the country law on belief and religion. Thanks the writer!

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