In modern culture, a lot of entities established and taken part in social relations. In addition to commercial legal entities, non-commercial entities appear in a great number. On the other hand, there are many types of non-commercial entities with different operational purposes, one of them is the religious entity. In this article, LSX legal firm would like to provide you with: “Legal status of religious entity in Vietnam”
Legal ground
- Law on Religion and Folk Belief 2016
Religious organization under Vietnamese legislation
According to Clause 12, Article 2 of the Law on Religion and Folk Belief 2016, “Religious organization” means a multitude of followers, dignitaries, sub-dignitaries, and monastics organized under a certain structure that the government acknowledges to carry out religious activities.
Legal status of religious entity
Firstly, a religious organization becomes a non-commercial juridical person upon its accreditation by a competent government authority.
Secondly, a religious organization shall apply in writing to the competent government authority defined in Section 3, Article 29 of the Law on Religion and Folk Belief 2016 for registration of the non-commercial juridical personality of a religious affiliate upon satisfying the requirements defined in Section 5 and 6, Article 21 of the Law on Religion and Folk Belief 2016.
Thus, religious organizations have legal status (non-commercial legal status, ie not for profit purposes).
Requirements for accreditation of religious organizations
An organization with certified registration of religious activities shall be accredited as a religious organization on the following conditions:
- It has operated stably and continuously for at least 05 years since the certification of its registration of religious activities;
- It has a charter under Article 23 of this Law;
- The representative(s) or head of the organization holds Vietnamese citizenship, resides permanently in Vietnam, has full capacity for civil acts, not bound by any remedial administrative measures concerning folk belief or religion, not associated with any conviction records or accused of any crimes pursuant to the legislation on criminal procedure;
- Its organizational structure adheres to its charter;
- It has assets independent from other organizations and individuals, and it assumes liabilities with its own assets.
- It engages in legal relations independently.
Charter of a religious organization
The charter of a religious organization shall fundamentally comprise:
- The name of the organization;
- Principles, objectives, and rules of operation;
- Area of operation, headquarter;
- Finance, assets;
- Legal representative, sample of the official seal;
- Functions, missions, authority, and organizational structure of the religious organization and religious affiliates;
- Missions and authority of the management of the religious organization and religious affiliates;
- Conditions, criteria, authority, methods of ordination, appointment, election, selection, relocation, dismissal, deposition of dignitaries, sub-dignitaries, and monastics;
- Conditions, authority, and methods of dissolution of the religious organization; the establishment, split-up, spin-off, merger, consolidation, and dissolution of the religious affiliates;
- The organization of conferences and general meetings; formalities for approval of decisions on and amendments to the charter; rules and methods of settlement of internal conflicts;
- The relations between the religious organization with religious affiliates and with other relevant organizations and individuals.
Application to accredit religious organizations
An organization that qualifies under Article 21 of the Law on Religion and Folk Belief 2016 shall apply in writing to a competent government authority for accreditation as a religious organization.
The application includes:
- Firstly, the form of application specifies the name of the applicant organization, the international transaction name (if available); the name of the religion; the full name of the representative(s); the number of followers, the area of operation at the time of application; the organizational structure and its base;
- Secondly, the written summary of its operational progress since the certificate of its registration of religious activities;
- Thirdly, the list, resumes, judicial records, and summaries of religious activities of the representative and expected leaders of the organization;
- Fourthly, the written summary of the religious tenets, laws, and rites;
- Fifthly, the charter of the organization;
- Also, the written declaration of the organization’s legitimate assets;
- Lastly, the written evidences of the availability of a legitimate location for its facilities.
Authority to accredit a religious organization
Clause 3, Article 22, the Law on Religion and Folk Belief 2016
People’s Committee of a province shall decide on the accreditation of religious organizations that operate solely in such province in 60 days upon receiving a full and valid application. If an application is rejected, reason(s) shall be notified;
The central government’s body responsible for state management of folk belief and religion shall decide on the accreditation of religious organizations operating in multiple provinces in 60 days upon receiving a full and valid application. If an application is rejected, reason(s) shall be notified.
Legal service of LSX Legal Firm
LSX legal firm provides legal services to clients in various legal areas. To make your case convenient, LSX will perform:
- Legal advice related to new regulations;
- Representing in drafting and editing documents;
- We commit the papers to be valid, and legal for use in all cases;
- Represent to submit documents, receive results, and hand them over to customers.
With a team of experienced, reputable, and professional consultants; The firm is always ready to support and work with clients to solve legal difficulties.
Furthermore, using our service, you do not need to do the paperwork yourself; We guarantee to help you prepare documents effectively and legally.
Also, you will not have to waste time preparing the application, submitting application, or receiving results. At those stages, we will help you do it smoothly.
After all, LSX provides the service with the desire that customers can experience it the best way. Additionally, we guarantee the cost to be the most suitable and economical for customers.
Contact LSX
Finally, we hope this article is useful for you to answer the question about “Legal status of religious entity in Vietnam”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
Related articles
- Conditions for establishing specialized libraries in Vietnam
- Dossiers to establish limited company in Vietnam
- Can Officers establish company in Vietnam?
Related questions
The representative(s) or the management of a folk religious establishment shall be responsible for managing and spending revenues from the festivals that it has organized in appropriate, public and transparent manner.
An organization that qualifies pursuant to Article 21 of the Law on Religion and Folk Belief 2016 shall apply in writing to competent government authority defined in Section 3 of Article 22, the Law on Religion and Folk Belief 2016.
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.
Conclusion: So the above is Legal status of religious entity in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
