Nguyen Thi Dinh, Ph.D.
Government Committee for Religion
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| Trang An Festival 2024__Photo: Duc Phuong/VNA |
On December 29, 2023, the Government issued Decree 95/2023/ND-CP (Decree 95) detailing a number of articles of the Belief and Region Law and outlining measures for its effective enforcement. This Decree replaces Decree 162/2017/ND-CP (Decree 162), which was issued on December 30, 2017.
Decree 95 addresses the shortcomings in previous belief and religious legislation while continuing to guarantee the right to freedom of belief and region for all individuals, including foreigners lawfully residing in Vietnam.
Following are key contents of Decree 95:
Clarification of belief and religious constructions
Decree 95 elaborates the terms related to belief and religious works and supporting constructions already outlined in existing legal documents[1], providing clearer definitions. This aims to create more favorable conditions for relevant agencies and organizations in their activities. Specifically:
* Belief works are structures lawfully built by community groups, such as monuments, steles and towers, or by family lines as ancestor worship houses.
* Religious works are facilities constructed by religious organizations or their affiliated organizations in accordance with law. These also include monuments, steles and towers attached to religious works.
The definitions of works associated with the identification of responsible subjects (communities, family lines, religious organizations, and affiliated religious organizations) help facilitate the determination of management responsibilities, competence and measures applicable to such works, as well as organizations constructing, managing and actually using these works.
Regarding supporting works, Decree 95 specifies that these include residential houses, guest houses, kitchens, fencing walls and other non-worship-related structures within the premises of belief or religious establishments.[2]
Besides, in order to assist religious organizations and individuals as well as competent state bodies in the practical implementation of the law, Decree 95 clearly defines “Documents evidencing lawful locations” as those that prove the lawful rights to use land, residential houses and constructions of organizations or individuals as provided by land, construction, housing and civil laws.[3]
Use of prayer books and expression of beliefs and religions (Article 6.5 of the Belief and Religion Law)
For the first time, the use of prayer books and the expression of beliefs and religions by persons with restricted citizen rights are provided in the Law on Belief and Religion. This reflects the humanitarian policies of the Vietnamese Party and State for all citizens, including those with restricted citizen rights. Specifically, Decree 95 revises provisions on the supply and management of prayer books, and time and locations for their use and expression of beliefs and religions by persons held in custody or detention camps. These activities must strictly follow the internal regulations of the respective establishments. This Decree also assigns the Minister of Public Security, Minister of National Defense and Minister of Labor, Invalids and Social Affairs to provide guidance for the issuance of these internal regulations.
Relocation of collective religious activities of Vietnamese citizens from one commune to another
Previously, under Decree 162, if a group of Vietnamese citizens needed to relocate their collective religious activities from one commune to another, their representative was required to file an application with the commune-level People’s Committee of the new location. Within five working days, the commune-level People’s Committee had to seek the opinion from the concerned district-level People’s Committee. Decree 95 simplifies this process. Now the commune-level People’s Committee can itself consider and decide on the approval or rejection of the relocation without needing the district-level People’s Committee’s opinion. This creates conditions for religious groups to change the locations for their collective religious activities as needed.
Under the new provisions, before relocating collective religious activities from one commune to another, the religious group’s representative must file an application with the commune-level People’s Committee of the new location. Within 20 days after receiving a valid application, the commune-level People’s Committee must respond in writing on approving the relocation. In case of non-approval, the response must stating a clear reason for the rejection.
Change of representatives and locations for collective religious activities of foreigners lawfully residing in Vietnam
Article 47 of the Belief and Religion Law addresses collective religious activities of foreigners lawfully residing in Vietnam. However, Decree 162 did not provide their right to change their representatives or locations for such activities. To address this loophole, Decree 95 adds regulations on these issues, creating more favorable conditions for foreigners to enjoy their religious life in Vietnam. Similar to Vietnamese citizens, groups of foreigners lawfully residing in the country can now register changes to their representatives or locations for collective religious activities with the provincial-level People’s Committees of localities where these activities take place. This new provision has been appreciated by foreign organizations and individuals as it facilitates their religious practices in Vietnam.
Suspension of religious activities of religious organizations, affiliated religious organizations, religious training establishments
In line with Article 31.1.c of the Belief and Religion Law, Decree 95 provides that religious organizations or affiliated religious organizations may be suspended from all religious activities if they commit serious violations specified in Clauses 4 and 5, Article 5 of the Law. This measure aims to strengthen the provisions of the Law regarding the dissolution of religious organizations.
Regarding religious training establishments, Article 42.1.c of the Belief and Region Law states that an establishment may be dissolved if it fails to remedy the cause of its suspension after the suspension period. Based on this provision, Decree 95 provides the suspension of a religious training establishment in case it commits serious violations. This enforces the provisions of the Belief and Region Law on the dissolution of religious training establishments.
Decree 95 also provides that religious organizations, affiliated religious organizations or religious training establishments can resume operations after they remedy the causes of suspension.
It further stipulates that competent state bodies must publicly announce in the mass media the dissolution, suspension or resumption of activities of religious organizations, affiliated religious organizations or religious training establishments. Such announcement must include details such as the organization’s name, head-office, reason for operation suspension or resumption, the suspension period, and the date of operation resumption.
According to this Decree, suspended religious organizations, affiliated religious organizations and religious training establishments are entitled to lodge complaints against suspension decisions. This provision, Article 21 of Decree 95, aims to ensure that such organizations can exercise their rights under the law on complaints. However, pending the settlement of the complaint, suspended religious organizations or establishments may not engage in any religious or training activities.
Identification of supporting facilities exempt from construction permits
Article 22 of Decree 95 provides that the identification of supporting facilities exempt from construction permits must comply with Article 1.30 of the Law No. 62/2020/QH14 of June 17, 2020, amending and supplementing the Construction Law. Accordingly, many supporting facilities of belief or religious establishments are exempt from construction permits, provided they meet the conditions of not being located in urban areas, commune cluster centers, conservation zones, or historical-cultural-revolutionary relic areas, having a height not exceeding 6 meters or no more than one story, and a total usable space of 1,000 square meters. This regulation facilitates the building of supporting facilities by religious organizations, affiliated religious organizations, and belief establishments without the need for a construction permit.
Fund-raising activities of belief establishments, religious organizations, and affiliated religious organizations
Decree 95 specifies two cases in which representatives or management boards of belief establishments; religious organizations or affiliated religious organizations may conduct fund-raising activities. If these entities raise funds for belief or religious activities, they must comply with Clauses 1 through 7, Article 27 of the Decree. If raising funds for social charity activities, they must comply with the Government’s regulations on the mobilization, receipt, distribution and use of voluntary donations to address difficulties caused by natural disasters, epidemics, incidents, or to support individuals suffering from dangerous illnesses, as well as other relevant legal provisions.
Article 20 of Decree 95 also regulates the receipt and management of financial aid from foreign organizations and individuals. Religious organizations and affiliated religious organizations may receive and manage such financial aid for such purposes as religious training and retraining for full-time religious workers; repair, transformation, upgrade and construction of religious establishments; organization of religious rituals or festivals; and publishing or import of prayer books, religious cultural products, or religious items.
Compared to Decree 162, these new regulations provide more favorable conditions for religious organizations. Organizations receiving and managing foreign aid must use it in a public and transparent manner, for the prescribed purposes, and in accordance with Article 26 of the Decree and other relevant legal provisions. They are held responsible before law for the proper receipt and management of such aid.
Article 26 of Decree 95 requires that at least 20 days before receiving foreign aid, a religious organization must notify the state management body in charge of belief and religion at the central level or the provincial level specialized belief and religion office. It also specifies the contents of the written notification, the responsibility to send reports on the use of the aid to competent state bodies, and the responsibility of competent state bodies to verify the compliance with Clauses 1 through 4 of Article 26 of the Decree. Should the receipt, management or use of the aid violate Article 26 and relevant provisions, competent state bodies may request the organization to cease these activities and handle any breaches in accordance with law.
Additionally, the donations defined in Article 26 of the Decree are not considered foreign aid provided to the State or Government of the Socialist Republic of Vietnam under the law on non-refundable aid to Vietnam.
Forms of religious activities, fund-raising and aid-receiving activities
Decree 95 includes new regulations on the forms of religious, fund-raising, and aid-receiving activities. If activities that were previously notified, registered, or approved by competent state bodies under the Belief and Religion Law and Decree 95 are to shift from off-line to on-line or to a combined off-line and on-line format, such change must be notified in writing to competent state bodies at least five working days before the activities are carried out.
For activities that have not yet been notified, registered, or approved by competent state bodies, organizations and individuals must follow the procedures specified in the relevant articles and clauses of the Belief and Religion Law and Decree 95 when choosing to conduct them off-line or in a combined format.
All religious, fund-raising and aid-receiving activities, whether carried out off-line or in a combined off-line and on-line form, must comply with the Constitution, the Belief and Religion Law, Decree 95, regulations on information and communications, and other applicable laws.
Issues related to administrative procedure dossiers
Article 28 of Decree 95 addresses key issues related to the receipt of dossiers for administrative procedures. When organizations or individuals carry out administrative procedures as defined by the Belief and Religion Law and Decree 95, they must submit one dossier set either directly through a one-stop service section, on-line via the public-service portal or by public postal services or other authorized delivery services as provided by law.
In cases where the dossier is incomplete or incorrect, competent state bodies must guide the organizations and individuals in supplementing the required documents. The time taken to complete the dossier is not counted in the official response time.
Decree 95 also provides that when submitting documents according to the procedures prescribed by the Belief and Religion Law and this Decree, copies of documents must be accompanied by the originals for verification by competent state bodies.
Besides, Articles 9 and 10 of Decree 95 prescribes the order and procedures for changing the names or head offices of religious organizations and affiliated religious organizations. Applicants are required to submit copies of the official decisions recognizing the religious organization, along with copies of written approvals of the establishment, division, separation, merger, or consolidation of affiliated religious organizations.
Decree 95 further mandates that judicial record cards prescribed by the Belief and Religion Law and this Decree must be issued within six months before the submission of dossiers.
Regarding forms and tables, Decree 95 prescribes 60 forms and tables for use in belief and religious matters, compared to 53 in Decree 162.
Transitional contents
Article 30 of Decree 95 prescribes the following cases of transition:
- For belief or religious works that existed before the Decree takes effect, the procedures for transformation, upgrading or construction are as follows:
+ For works managed by local communities, community representatives will act as investors and carry out the law-prescribed procedures applicable to belief and religious works.
+ For works managed by organizations with religious operation registration certificates, the organizations’ representatives will act as investors and carry out the law-prescribed procedures and order for transforming or upgrading religious works.
- For belief and religion-related administrative procedures with dossiers received by competent state bodies before Decree 95 takes effect, the provisions of Decree 192 will apply.
- The receipt of financial aid by religious organizations and affiliated religious organizations, as provided in Article 26 of Decree 95, will be carried out after this Decree comes into effect.
Decentralization and authorization
Article 31 of Decree 95 provides the decentralization and authorization in implementing the Belief and Religion Law and this Decree. For cases falling under the jurisdiction of the Minister of Home Affairs, the Government Committee for Religion (which is under the Ministry of Home Affairs) will receive dossiers. The committee will coordinate with relevant ministries, ministerial-level agencies and localities in, advising the Minister of Home Affairs or make decisions based on the power decentralized or authorized by the Minister of Domestic Affairs.
For cases falling under the competence of People’s Committees at different levels, the specialized belief and religion offices of the same levels will receive the dossiers. These offices will coordinate with relevant agencies in, advising the People’s Committees or make decisions based on the power decentralized or authorized by the People’s Committees. This excludes the organization of belief festivals, and the management and use of revenues from such festivals, as prescribed in Articles 13, 14 and 15 of the Belief and Religion Law.
This regulation provides a basis for competent state bodies to decentralize or authorize their respective powers to subordinate offices and units, depending on practical circumstances. It aims to enhance the effectiveness and efficiency of state management in the field of belief and religion, while ensuring that all decentralization and authorization activities comply with law and the Government’s direction.-
[1] Decree 22/2005/ND-CP, Decree 92/2012/ND-CP, Decree 162/2017/ND-CP.
[2] Article 3.3, Decree 95/2023/ND-CP.
[3] Article 3.4, Decree 95/2023/ND-CP.
