Nguyen Thi Dinh, Ph.D. Vietnam Government Committee for Religious Affairs
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| Foreigners pose for a photo in front of Tan Dinh Church in Ho Chi Minh City__Photo: Thu Huong/VNA |
With the open international integration policy, Vietnam has attracted more and more foreigners to work, study and live in the country, including a large number of followers of Buddhism, Catholicism, Protestantism, Islam, etc., from around the world, with their existing communions/churches, such as the Vietnam Buddhist Sangha, the Vietnam Catholic Church, the Evangelical Churches of Vietnam, and Muslim communities, etc., officially recognized by the Vietnamese State. Apart from the aforesaid religions, such religions as Orthodoxy, Anglican Communion, Puritanism, and Protestant organizations and sects fail to meet the Vietnamese law-specified conditions to be recognized by competent Vietnamese state agencies. This reality has necessitated the enactment of relevant regulations appropriate to the practical religious life and activities of foreigners lawfully residing in Vietnam.
The 2004 Ordinance on Beliefs and Religions provided the right of lawful foreign residents in Vietnam to carry out religious activities at religious establishments like Vietnamese followers. If they wish to rally for religious activities at lawful religious establishments in Vietnam, they are required to file their application dossiers to provincial-level People’s Committees which are obliged to reply in writing within 25 working days after receiving valid application dossiers. In addition to such right, the Ordinance also specified the obligation of Vietnam-based foreign residents to abide by regulations on beliefs and religions and relevant regulations. After more than 10 years’ implementation of the Ordinance, many religious establishments of various religious organizations in Vietnam became reliable addresses for Vietnam-based lawful foreign residents to carry out their religious activities to meet their belief needs.
As the Ordinance revealed more and more limitations, on November 18, 2016, the National Assembly of the Socialist Republic of Vietnam passed the Law on Beliefs and Religions (the Law) and on December 30, 2017, the Vietnamese Government promulgated Decree 162/2017/ND-CP, detailing and providing measures to implement the Law on Beliefs and Religions (Decree 162), which, however, has revealed some inadequacies and limitations after nearly six years’ implementation. Therefore, on December 29, 2023, the Government promulgated Decree 95/2023/ND-CP detailing and providing measures to implement the Law on Beliefs and Religions, (Decree 95) to supersede Decree 162. The new Decree will take effect on March 30, 2024, with many new provisions on collective religious activities of Vietnam-based lawful foreign residents.
In pursuance to Article 47 of the Law, Decree 95 specifies the order and procedures for change of representatives or venues for collective religious activities of Vietnam-based lawful foreign residents.
Order and procedures for change of representatives
Article 7 of Decree 95 stipulates: “Before changing their representatives, religious groups of Vietnam-based lawful foreign residents shall send their registration dossiers to provincial-level People’s Committees of localities where exist venues for their collective religious activities.”
Such a registration dossier comprises: (i) a registration form clearly stating the name of the religion and the name of the group; the full name and citizenship of the former representative; the full name, citizenship and Vietnam-based place of residence of the new representative; and reason(s) for, and projected time of, change; (ii) certified copies of papers evidencing the new representative’s lawful residence in Vietnam; and (iii) minutes of the meeting to elect or appoint the new representative.
Within 30 days after receiving the complete and valid dossier, the registration dossier of the collective religious group, the provincial-level People’s Committee will issue a written reply on registration. In case of refusal of registration, they will notify such in writing, clearly stating the reason for the refusal.
This provision of Decree 95 conforms to the country’s practical conditions, providing Vietnam-based lawful foreign resident groups with a legal ground for change of their representatives upon the conclusion of their terms of office or training courses.
Order and procedures for change of venues of collective religious activities
Another new point of Decree 95 concerning collective religious activities of Vietnam-based lawful foreign residents dwells on the change of venues for collective religious activities within a province/centrally run city or from a province/centrally run city to another.
Regarding the change of a venue of collective religious activities within a province/centrally run city: Before changing the venue of collective religious activities, the group representative has to send an application dossier to the concerned provincial-level People’s Committee. Such a dossier must comprise (i) a written application clearly stating the name of the religion and name of the group; the full name and Vietnam-based place of residence of the group representative; reason for, and projected time of, change; the current venue and projected new venue of religious activities of the group; (ii) papers evidencing the new lawful venue for collective religious activities; and (iii) written approval of the representative of the religious establishment, for case of collective religious activities at the religious establishment.
Regarding the change of a venue of collective religious activities from a province/centrally run city to another: Before making the change, the group representative has to send an application dossier to the provincial-level People’s Committee of the locality of the projected new venue. Such an application dossier must contain papers and documents similar to those for change of a venue of collective religious activities within a province, enclosed with a copy of the written approval of registration of collective religious activities issued by the provincial-level People’s Committee of the locality of the original venue of collective religions activities.
Within 30 days after receiving the complete and valid dossier, the provincial-level People’s Committee of locality of the projected new venue of religious rallies will reply in writing on the venue change. In case of disapproval, it must notify such in writing, clearly stating the reason.
The new Decree also defines the responsibility of religious groups to terminate, within 10 days after their new venues are approved, their religious activities at the former locations and notify thereof in writing to the provincial-level People’s Committees of the localities of the old venues. Such a notice must clearly state the name of the religion and the name of the group; the full name of the group representative; the time of change; the new venue of collective religious activities; the time of termination of religious activities at the old venue.
In reality, the change of venues of collective religious activities of Vietnam-based foreign residents’ groups is inevitable as soon as such locations are no longer suitable for larger numbers of participants, are damaged or their rent contracts or borrowing agreements are invalidated.
So, it can be said that the current regulations on beliefs and religions applicable to religious activities of foreigners in general and the religious life of Vietnam-based lawful foreign residents in particular have broadened their rights and created more favorable conditions for foreigners and foreign entities to practice their beliefs and religions in the country. They also show that the Vietnamese State has been treating domestic and foreign groups of collective religious activities in an equal manner, conforming to international practices and guaranteeing the rights to freedom of beliefs and religions for both Vietnamese and Vietnam-based foreigners. This is expected to help attract more and more foreign religious organizations and followers into Vietnam for investment, study and working.-
