CONDITIONS, ORDER AND PROCEDURES FOR GRANTING CERTIFICATES OF THE REGISTRATION OF CONGREGATIONAL REL

Legal situation: Need an advice from FDVN Lawyers: I and a group of 15 people are engaged in religious activities together, which is currently not recognized in Vietnam. Please let me know about the requirements for certificate of the registration of congregational religious practice, the documents to provide and the procedures. Thank you.

FDVN's opinions:

Thank you for sending your question to FDVN Law Firm (“FDVN”). For your consulting requests, please kindly see our responses as follows:

1. Conditions for being granted a certificate of the registration of congregational religious practice

Pursuant to Article 16 of Law on Religion and Folk Belief 2016, the conditions for being granted a certificate of the registration of congregational religious practice will include:

-  Have a legitimate location for religious practice;

- The congregational practicing group has a representative who holds Vietnamese citizenship, resides permanently in Vietnam, possess full capacity for civil acts, is not bound by any remedial administrative measures concerning folk belief or religion, is not associated with any conviction records or is not accused of any crimes pursuant to the legislation on criminal procedure;

 - Observe religious tenets and law;

 - The name of the congregational practicing group does not overlap with those of the religious organizations or the organizations with certified registration of religious activities, of the political organizations, of the socio-politic organizations or of the national heroes or men of greatness.

- Contents of religious activities do not fall into the following cases:

+ Discriminate or differentiate on the pretext of religion or folk belief.

+ Coerce, entice or obstruct people to or not to practice a religion or folk belief.

+ Insult a religion or folk belief;

+ Practices of folk beliefs or religious activities: That encroach on national security, national defense, national sovereignty, social order and safety, environment; That violate social ethics or people's body, health, life, assets or dignity; That obstruct the exercise of a citizen’s rights and obligations; That sow divisions among the people or religions; between practicing and non-practicing people; and among the followers of different folk beliefs or religions.

 + Abuse the practice of folk beliefs or religious activities for profiteering.

2. Dossier for issuance of certificates of the registration of congregational religious practice

Pursuant to Clause 2, Article 17 of the Law on Belief and Religion 2016, the registration dossiers include:

- The form of application, which specifies the name of the applicant organization; the name of the religion; the full name and residential address of the representative; the content, location and time of religious practice, quantity of participants;

- The written evidences of the possession of a legitimate location for religious practice;

- The resume(s) of the representative(s) of the congregational practicing group;

- The written summary of the religious tenets and law.

3. Authority to receive and approve the registration of congregational religious practice

Pursuant to Clauses 1 and 3, Article 17 of the Law on Belief and Religion 2016, the commune-level People's Committees of localities where there are lawful places for religious activities are competent to receive dossiers and approve the registration of congregational religious practice.

4. Time for consideration: Within 20 days upon receiving the valid application.

The above is FDVN's consulting opinion related to your consulting request based of studying legal regulations. Hope the advice of FDVN will be useful to you.

According to Tran Van Huong – FDVN Law Firm

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