What is implementation of establishment, split-up, spin-off, merger and consolidation of religious affiliates in Vietnam?

1. What is implementation of establishment, split-up, spin-off, merger and consolidation of religious affiliates in Vietnam?

In Article 27 of the Law on religion and folk belief 2016 stipulates the establishment, split-up, spin-off, merger and consolidation of religious affiliates, according to which:

1. A religious organization or religious affiliate can establish its religious affiliates, split them up, spin them off, merge them into another, or have them consolidate.

2. A religious affiliate, when split up, shall cease to exist and its rights and obligations shall be transferred to the new religious affiliates.

3. A religious affiliate, which is spun off, and the newly formed one shall carry out their rights and obligations in accordance with the purposes of operation.

4. A religious affiliate, when merged, shall cease to exist and its rights and obligations shall be transferred to the merging religious affiliate.

5. Religious affiliates, when consolidating, shall cease to exist upon the formation of the consolidated religious affiliate; and their rights and obligations shall be transferred to the one newly formed.

According to Article 28 of the Law on religion and folk belief 2016, requirements for establishment, split-up, spin-off, merger and consolidation of religious affiliates are as follows:

A religious organization’s or religious affiliate’s establishment, split-up, spin-off, merger and consolidation of religious affiliates are subject to the following conditions:

1. The charter of the religious organization stipulates the establishment, split-up, spin-off, merger and consolidation of religious affiliates;

2. The activities of the religious affiliate, before being split up, being spun off, being merged or consolidating, are not prohibited pursuant to Article 5 herein;

3. It is based at a legitimate location.

According to this Article, if the charter of the religious organization C does not stipulate the establishment, split-up, spin-off, merger and consolidation of religious affiliates, the conditions for establishment, split-up, spin-off, merger and consolidation of religious affiliates are not guaranteed in Vietnam.

2. What are applications and authority to approve the establishment, split-up, spin-off, merger and consolidation of religious affiliates in Vietnam?

Pursuant to Clauses 2 and 3, Article 29 of the Law on religion and folk belief 2016 stipulates procedure and authority to approve the establishment, split-up, spin-off, merger and consolidation of religious affiliates as follows:

2. The application includes:

a) The application form, which specifies the reasons(s), the name of the applicant organization; the name of the religious affiliate(s) to be formed; the name of the organization(s) and relevant representative(s) before and after the split-up, spin-off, merger or consolidation; the area of operation and quantity of followers of the religious affiliate(s) upon its (their) initial formation; the area of operation and quantity of followers of the religious affiliate(s) before and after the split-up, spin-off, merger or consolidation; the organizational structure and expected location(s) of the religious affiliate(s) after its (their) formation, split-up, spin-off, merger or consolidation;

b) The written summary of operation of the religious affiliate(s) before the split-up, spin-off, merger or consolidation;

c) The list, resumes, judicial records and summaries of religious activities of the representative(s) and expected leaders of the religious affiliate(s);

d) The charter, if available, of the religious affiliate(s);

dd) The written declaration of legitimate assets of the religious affiliate(s);

e) The written evidences of the availability of legitimate location(s) for its (their) facilities.

3. The following authorities shall approve the establishment, split-up, spin-off, merger and consolidation of religious affiliates:

a) People’s Committee of a province shall be responsible for responding in writing to a full and valid application for the establishment, split-up, spin-off, merger or consolidation of religious affiliate(s) operating solely in such province in 60 days upon receiving such application. If the application is rejected, reason(s) shall be notified;

b) The central government’s body responsible for state management of folk belief and religion shall respond in writing to a full and valid application for the establishment, split-up, spin-off, merger or consolidation of religious affiliate(s) operating in multiple provinces in 60 days upon receiving such application. If the application is rejected, reason(s) shall be notified.

Thus, you need to prepare a full dossier including the above documents and submit it to the People’s Committee of province or central government’s body responsible for state management of folk belief and religion for approval of establishment, split-up, spin-off, merger or consolidation of religious affiliate(s) in Vietnam.

Best Regards!