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Ordinance 21/2004/pl-Ubtvqh11: Beliefs, Religion

Original Language Title: Pháp lệnh 21/2004/PL-UBTVQH11: Tín ngưỡng, tôn giáo

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ORDINANCE on beliefs, religions _ _ _ _ _ _ _ _ _ _ _ based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
 Pursuant to resolution No. 21/2003/QH11 on November 26, 2003 of the National Assembly XI, 4 session about building laws and ordinances in 2004;
 This Ordinance regulates the activity of religious beliefs, chapter I GENERAL PROVISIONS article 1 the citizen has the right to freedom of belief, of religion, or follow a religion.
The State guarantees the right to freedom of religion, the religion of the citizens. No one violated the right to freedom.
The religions are equal before the law.
Citizens have religious beliefs or no religious beliefs, as well as citizens have different religious beliefs, must respect each other.
Article 2 dignitaries, monks and citizens have religious beliefs are entitled to all the rights of citizens and responsible service to the citizens.
Dignitaries and monks are responsible for regular education for faithful patriotism, done right, obligation and sense of law observance.
Article 3 Of this directive, the terms below are interpreted as follows: 1. active creed's works express the ancestral worship; Memorial and honor the people with water, with the community; worship God, Scriptures, symbols have the tradition and the activities of other folk beliefs typical to the nice value of the history, culture, social ethics.
2. The basis of belief is where make beliefs of the community, including families, temples, shrines, pm, from the road, the Church and other similar establishments.
3. Religious organizations is the same as a system of doctrine, Canon law, and organized according to a certain structure are State recognized.
4. Religious organizations is the base unit the base of religious organizations including the Board of apartments or Board of Trustees of the pagoda, Buddhism, the parish of Catholicism, branches of Protestantism, they of the Cao Dai, Board the communes of Hoa Hao Buddhist town and base units of other religious organizations.
5. Religious activity is spreading, practices doctrine, Canon law, rituals, religious organization management.
6. religious associations is the form of gathering adherents by the religious organization established to serve the religious activity.
7. religious basis is the place of worship, austerities, where training who specializes in religious activities, the headquarters of the religious organizations and other institutions of religion by the State.
8. as adherents who believe in a religion and religious organizations are admitted.
9. the monks as volunteers perform regular private lifestyle according to the Catechism, Canon law of the religion that I believe in.
10. the dignitaries as positions in religious products.
Article 4 the temple, Church, Mosque, Holy furniture, family, Temple, shrine, religious organizations, the training base of organized religion, the religious beliefs of other legitimate, sáchvà Bibles of worship are protected by law.
Article 5 the State guaranteed the right to religious activities, religious activities in accordance with the law; respect, promote cultural values, religious ethics; preserve and promote the positive values of traditional ancestor worship, Memorial and honor the people with water, with the community in order to contribute to the consolidation of the whole great ethnic blocks, meet the needs of spirituality and the spiritual life of the people.
Article 6 relationship between the State of the Socialist Republic of Vietnam with the country, the international organization on the issue related to religion should be based on the principle of respect for the independence, sovereignty, non-interference in each other's internal affairs, equality, mutual benefit, in accordance with the law of each party , law and international practices.
Article 7 1. Vietnam Fatherland Front and the Member organizations in the scope of the task, their powers responsibly: a) gathers fellow believers, religion and the fellow had no religious beliefs, building block of greater solidarity, build and protect the homeland;
b) timely reflect the ideas, aspirations, people's recommendations on issues related to religious beliefs with the competent State agencies;
c) participated in advocacy, lobbying dignitaries, monks, believers, believers, religious organizations and people make laws about religious beliefs;
d) join to build and oversee the implementation of policy, legislation on religious beliefs.
2. Within the scope of its powers, duties, State agencies actively collaborated with the Vietnam Fatherland Front Committee and the front's member organizations in advocacy, lobbying and implement policy, laws on religious beliefs, the Article 8 1. Non-discrimination for reasons of creed, religion; violation of the right to freedom of religion, the religion of the citizens.
2. do not abuse the freedom of religious beliefs, to sabotage peace, independence, unification; inciting violence or war propaganda, propaganda is contrary to the law, the policy of the State; divide the people, split the nation, religious; disturbing public order, harm to life, health, honour, dignity and property of other people, to obstruct the implementation of the rights and obligations of citizens; superstitious activities and perform other law violations.
CHAPTER II of the BELIEFS PEOPLE HAVE BELIEFS and RELIGIOUS ACTIVITIES of BELIEVERS, MONKS, DIGNITARIES Article 9 1. Believers, believers are free to express their faith, to practice the rites of worship, prayer and participate in the activities form, serve religious rituals, festivals and religious teachings that study themselves believe.
2. in the religious, beliefs, religions, adherents have a responsibility to respect the right to freedom of religion, freedom of religion and non-religion, the religion of the other person; implementation of the right to freedom of religion, religion does not hinder the exercise of citizen rights and duties; beliefs, religious activities in accordance with the provisions of the law.
Article 10 active participants of religious beliefs, must respect the provisions of the basis of belief, of religion, of festivals and conventions, the Convention of the community.
Article 11 1. Dignitaries who have management positions or the best products, with the title of religion. Monks are believers and made a private lifestyle in the Catechism, Canon law of a religion.
21. Dignitaries and monks were performing religious rituals within the charge, was preacher, preacher at religious institutions.
32. where the implementation of religious rituals, preacher, preacher in addition to the provisions in clause 12 this must have the approval of the approval of the State Agency on religious district people's Committee, district, town, city in the province (hereinafter referred to as the people's committees at district level) where made.
Article 12 1. The person in charge of the religious organization basis is responsible for registering the program of activities religion every year takes place at that facility with the people's Committee of the communes, wards and towns (hereinafter referred to as the people's Social Committee); the case of organized religious activities outside the program have signed up to đượcxin allows the State Agency has the authority to approve.
2. The authority approved the religious festival due to government regulations.
Article 13 1. Who are Executive imprisonment sentence or probation under the provisions of the law shall not be chaired the religious rituals, preacher, sermon, manage the Organization of religion and religious festivals.

2. for the Executive who had done the penalty or administrative handling measures prescribed in paragraph 1 of this article, above only after organized religion register works and be approved by the competent State agencies recently chaired the religious rituals, preacher preaching and religious organization management.
Article 14 beliefs, religions must guarantee safety, savings, in line with tradition, the cultural identity of peoples, to preserve, to protect the environment.
Article 15, religious beliefs are suspended if one of the following cases: 1. national security violations, serious impacts to the public or the environment;
2. bad impact to unite the people, to the cultural traditions of peoples;
3. Violate life, health, dignity, honor, property of others;
4. violations of the law seriously.
CHAPTER III of the RELIGIOUS ORGANIZATION and ACTIVITIES of RELIGIOUS ORGANIZATIONS Article 16 1. The organization is recognized as religious organizations with enough of the following conditions: a) Is the Organization of the people who have the same beliefs, there is catechism, Canon law, rituals are not left with the pure Maple, United States of America, the interests of the nation;
b) Has the Charter, the Charter expresses the philosophy, purpose, action-oriented way with ethnic leaders and not contrary to the provisions of the law;
c) Have registered religious activity and religious activities;
d) based, organization and legal representative;
DD) name does not coincide with the name of the religious organization was competent State agencies recognized.;
2. The Authority recognized religious organizations: a) Prime recognized religious organizations have operations in several provinces and cities under central;
b) Chairman of the provincial people's Committee, the central city in recognition of religious organizations are active mainly in the scope of a province, the central cities.
3. The registration of religious activities specified in clause 1 of this ce points; the religious activities of registered organizations and recognized procedure sequence, religious organizations due to government regulations.
Article 17 1. Religious organizations are established, split, splitting, merging, to merge the organizations directly under the Charter, the Charter of religious organizations.
2. The creation, Division, splitting, merging, to merge the religious organization basis must be approved by the provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee).
3. Establish, split, split, merge, merge the non-religious organization in the case prescribed in clause 2 of this must be approved by the Prime Minister.
the State administration on religion in Central.
Article 18 1. The Organization of the Conference, the Congress of religious organization basis is conducted after the approval of the people's Committee of the district level where the Conference takes place, the Congress.
2. The organization of the Conference, the Congress of central level or full of religious organizations was conducted after obtaining the approval of the State administration on religion in Central.
3. The organization of the Conference, the Congress of religious organizations not in the case prescribed in clause 1 and clause 2 of this was conducted after the approval of the provincial people's Committee hosts a Conference, Congress.
Article 19 1. Religious associations is gathering adherents by the religious organization established to serve the religious activity.
2 1. Religious associations are active phảiđược after religious organizations registered with State bodies competent quyềnquy in clause 3 of this article has been recently active. .
32. The registration of religious associations are defined as follows: a) religious associations have the scope of activities in a district, County, town, city in the province to register with district-level people's committees where active associations;
b) religious associations have the range of activities in many districts, counties, towns and cities within a province, a city centrally registered with the provincial people's Committee where active associations;
c) religious associations have the range of activities in several provinces and cities under central management agencies registered with the State of religion in Central.
Article 20 monasteries, the monastery and the collective organization of the austerities of religion must be active after they have registered with the competent State bodies. recently been active.
The registration activities of monasteries, the monastery and the collective organization of the austerities of religion are applied as for religious associations are defined in clause 2 of this Ordinance 1915 3Điều.
Article 21 1. The monk in the religious right base on a voluntary basis, no one is forcing or obstructing. Juveniles when the monk must be the father, mother or guardian agree. 2. The person in charge of the religious foundations upon people at the tu is responsible for registering with the social people's Committee where religious establishments.
Article 22 1. The ordained, maple products, appointment, election, elections or resignation, recall the dignitaries in religion is made according to the Charter, the Charter of religious organizations and ensure the conditions specified in paragraph 2 of this Article; hợpphong school, maple products, has appointed foreign elements, must have the prior agreement with the State Agency on religion in Central.
2. Religious organizations must ensure the person was appointed, maple products, appointment, election, elections must meet the following conditions in the newly admitted State: a) Is Vietnam's citizens, have good moral character;
b) has the spirit of solidarity, harmony;
c) strictly obey the laws of the State.
3. The mission, in the religious dignitaries made according to chapter hiéiến, Charter of religious organizations.
4. Religious organizations are responsible for registration of person was ordained, maple products, appointment, election, election failure; notice of resignation, the papacy in religious dignitaries must register with the State administration authorities.
Religious organizations have the responsibility to inform the competent State agencies of the recall, people held in religion.
Article 23 When transferred where religious activity, dignitaries, monks, religious organizations are responsible for nhiệmphải informed the Committee level where people go and subscribe to the people's committees at district level.
The event dignitaries and monks violates the law on religion has been the Chairman of the provincial people's Committee handling administrative violations or have been disposed of, the criminal when transferred where religious activities have to be approved by the provincial people's Committee to place under the rules of the Government.
Article 24 1. Religious organizations established in training schools, open public who specializes in religious activity.
2. The establishment of a training school who specializes in religious activities must be approved by the Prime Minister.
The enrollment of the school for religious training must follow the principle of voluntary, the contestant and the Charter School's activity was approved.
Subjects about Vietnam history, ethnicity, culture, law of Vietnam is the main subjects in the training courses at the training school who specializes in religious activity.
3. The opening of the public who specializes in religious activities must be approved by the Chairman of the provincial people's Committee where open class.
4. The procedures established, abolished the training schools, classes fostered religion due to government regulations.
Article 25 The ceremony of religious organizations takes place outside the religious basis is done according to the following rules:

1. The participatory celebration of believers within a district, County, town, city in the province must be approved by the people's Committee of the district level where the approval ceremony;
2. The ceremony was attended by devotees from many districts, counties, towns and cities in the province within a province, city in Central or from several provinces, central cities must be approved by the provincial people's Committee củaUỷ the site of the ceremony.
CHAPTER IV ASSETS BASE beliefs, RELIGIOUS and SOCIAL ACTIVITIES of RELIGIOUS ORGANIZATIONS, the FAITHFUL monks, DIGNITARIES Article 26 legal asset in the basis of religious beliefs is protected by law, prohibiting the infringement of that property.
Article 27 1. Land with the works due religious basis consists of the land belonging to the temple, Church, Bible, Church, monastery, who specializes in training schools for religious activities, the headquarters of the religious organizations, other institutions of religion by the State allows activity to be used long term stability.
2. The soil there is works, temples, shrines, pm, from the Church, they used long term stability.
3. The management and land use regulations in clause 1 and clause 2 of this was done under the provisions of the law of the land.
Article 28 1. The basis of religion, religious organizations are organizing donation, receive property donation, donate, on the basis of voluntary organizations, individuals and organizations, individuals outside the country under the rule of law.
2. The organization's donation base beliefs, religious organizations must openly, clearly and use before donating to inform people's Committee hosted the donation.
3. do not use the donations to serve personal interests or make the unlawful purpose.
Article 29 2Hoạt beliefs, religion in the basis of religious beliefs is the historical-cultural attractions are guaranteed normal as the basis of religious beliefs.
The management, use, renovation, upgrading works under the basis of beliefs, religion is of historical-cultural attractions made under the provisions of the law on cultural heritage and related laws.
Article 30 The renovations, upgrading, new construction works in the basis of religious beliefs must follow the provisions of the law on construction.
When changing the purpose of use of the works in the basis of religion must have the approval of the people's committees at district level; When changing the purpose of use of the works in the basis of religion must đượccó the approval of the provincial people's Committee.
Article 31 The relocation works in the basis of beliefs, religious beliefs, due to the requirements of the master plan of socio-economic development must be exchanged in advance with representatives of the basis of beliefs, religious organizations and the implementation of the compensation provisions of the law.
Article 32 publication, printing, release the type of business, books, newspapers, magazines and other publications on religious beliefs; business, export and import of cultural products of the religious beliefs; furniture production activities, religious beliefs are made according to the provisions of the law. about publishing and other legal texts concerned.
Article 33 1. The State encourages and facilitates to the religious organizations support the development of open-form school, kindergarten, preschool classes, participate in rearing children with special circumstances; base support wellness the poor, the disabled, people infected with HIV/AIDS, leprosy, mental patients; support the development of preschool education institutions and participate in other activities in humanitarian and charity purposes consistent with the Charter, the Charter of religious organizations and the rule of law.
2. Dignitaries, monks, religious adherents with citizenship by the State to encourage the Organization of activities in education, health, humanitarian charity under the provisions of the law.
Chapter V of the INTERNATIONAL RELATIONS of RELIGIOUS ORGANIZATIONS, the FAITHFUL monks, DIGNITARIES and religious organizations 34 Thing, devotees and monks, dignitaries have the right to perform international relations activities under the provisions of the Charter, the Charter or Canon law of religious organizations consistent with the law of Vietnam.
When making international relations activities, organized religion, the faithful monks, dignitaries are equality, mutual respect, respect for independence, sovereignty and internal affairs of the country with each other.
Article 35 when conducting international relations activities here must have the approval of the State administration on religion in Central: 1. Invites organizations, foreigners in Vietnam or the deployment of foreign religious organizations in Vietnam;
2. Participate in religious activities, election participants about religious training abroad.
Article 36.
Dignitaries and monks is alien to be preaching at religious establishments of Vietnam after being approved by the governing body of the State of religion in the Central Government approval, must respect the provisions of the religious organizations of Vietnam and in compliance with the provisions of the law of Vietnam.
Article 37 foreigners when entering Vietnam to comply with the law of Vietnam; be to bring religious publications and other religious to serve the needs of the self under the provisions of the law of Vietnam; facilitated religious activities at the base of religion as religious adherents Vietnam; religious dignitaries were invited was the Vietnam to tiếnthực the nghithức religious ceremony for themselves; respect for provisions of religious organizations in Vietnam.
CHAPTER VI Article 38 ENFORCEMENT TERMS.
In the case of international treaties to which the Socialist Republic of Vietnam signed or joined other provisions with the provisions of this Ordinance shall comply with the provisions of international treaties.
Article 39 1. Religious organizations were competent State bodies recognized prior to the date this Ordinance into effect shall not recognized procedures.
2. religious associations, monasteries, the monastery and the collective organization of the austerities of religion registered and allowed to operate before the date this Ordinance into effect shall not do the registration procedure again.
Article 40 of this Ordinance is in effect from November 15, 2004.
Article 41 the Government detailing and guiding the implementation of this Ordinance.