PERSPECTIVES AND TARGETED POLICY OBJECTIVES

1. Perspectives on Drafting the Law

a) Closely follow and continue fully institutionalizing the Party’s guidelines and policies on widely promoting socialist democracy, the People’s right to mastery, and guaranteeing the right to freedom of belief and religion; foster publicity and transparency in state agencies’ operations, contributing to the prevention and combat of corruption, negativity, and waste; ensure the centralized, unified, strict, and comprehensive leadership and direction of the Party during the law-drafting process; and consistently adhere to the guiding orientation that "the Law only regulates stable, long-lasting matters; and specifically prescribes contents related to human rights as well as citizens' rights and obligations."

b) Guarantee constitutionality, legality, and the consistency of the legal system; strictly comply with the law-drafting process prescribed by the 2025 Law on Promulgation of Legal Normative Documents and relevant guiding documents.

c) Ensure compatibility with relevant international treaties to which Vietnam is a signatory; selectively reference, study, and adopt appropriate foreign legal experience regarding belief and religion, ensuring the feasibility of the Law within Vietnam's current socio-economic conditions.

2. Objectives of Drafting the Law

The promulgation of the Law replacing the 2016 Law aims to:

(1) Overcome shortcomings and inadequacies arising during the implementation of the 2016 Law over the past period, while inheriting provisions of the 2016 Law that remain appropriate, creating more favorable conditions for individuals and organizations to exercise the right to freedom of belief and religion;

(2) Refine provisions of the 2016 Law impacted by the reorganization and streamlining of the state apparatus, ensuring that the system of competent agencies and individuals operates continuously, smoothly, and without disruption;

(3) Continue decentralization and delegation of power in the field of belief and religion; enhance the application of information technology, digital transformation, and administrative procedure simplification in the field of belief and religion. This contributes to facilitating individuals and organizations, raising the effectiveness and efficiency of state management, and ensuring conformity with the policy on state administrative apparatus organization in recent times and in the upcoming phase.

STRUCTURE AND MAIN CONTENTS OF THE LAW

1. Structure of the Law

The Law consists of 09 chapters and 61 articles, structured as follows:

• Chapter I. General Provisions, comprising 08 articles (Articles 1 through 8), specifies the scope of regulation and subjects of application; interpretations of terms; principles of belief and religious activities; responsibilities of the State in guaranteeing the realization of the right to freedom of belief and religion; international cooperation in belief and religious affairs; responsibilities of the Vietnam Fatherland Front and socio-political mass organizations; prohibited acts; and belief and religious activities in cyberspace.
• Chapter II. Right to Freedom of Belief and Religion, comprising 05 articles (Articles 9 through 13), stipulates the right to freedom of belief and religion of all individuals; the right to freedom of belief and religion of foreigners legally residing in Vietnam; rights of religious organizations and affiliated religious organizations; rights of organizations granted a religious activity registration certificate; and obligations of organizations, residential communities, and individuals in exercising the right to freedom of belief and religion.
• Chapter III. Belief Activities, comprising 05 articles (Articles 14 through 18), regulates the representative and management board of a belief facility; notification and registration of belief activities; organization of periodic traditional faith festivals; organization of first-time, restored, or modified periodic traditional faith festivals; and management and use of revenues from traditional faith festivals.
• Chapter IV. Registration of Congregational Religious Practice and Registration of Religious Activities, comprising 02 articles (Articles 19 and 20), specifies conditions and competence for approval and revocation of written approvals for congregational religious practice; as well as conditions and competence for approval and revocation of certificates of religious activity registration.
• Chapter V. Religious Organizations, comprising 18 articles (Articles 21 through 38), stipulates the recognition and dissolution of religious organizations; establishment, division, separation, merger, consolidation, and dissolution of affiliated religious organizations; ordination, appointment, election, nomination, transfer, dismissal, removal, and suspension of dignitaries, deacons (office-bearers), and monastics (religious devotees); and religious educational institutions and religious training classes.
• Chapter VI. Religious Activities; Foreign-Involved Religious Activities; Activities in Publishing, Education, Healthcare, Social Protection, Charity, and Humanitarian Aid by Religious Organizations, comprising 13 articles (Articles 39 through 51), provides for religious activities, as well as educational, healthcare, social protection, charitable, and humanitarian activities conducted by religious organizations.
• Chapter VII. Assets of Belief Facilities and Religious Organizations, comprising 04 articles (Articles 52 through 55), regulates the management and use of assets belonging to belief facilities and religious organizations; land for belief purposes, land for religious purposes; renovation, upgrading, preservation, restoration, rehabilitation, and new construction of belief structures, religious structures, and ancillary facilities; and relocation of belief structures and religious structures.
• Chapter VIII. State Management over Belief and Religion, comprising 04 articles (Articles 56 through 59), regulates contents of state management; competence of state management; specialized inspections over belief and religion; and complaints, denunciations, and lawsuits regarding belief and religion.
• Chapter IX. Implementation Provisions, comprising 02 articles (Articles 60 and 61), sets the effective date from January 1, 2027; assigns the Government to detail 34 articles of the Law and formulate measures for organizing and guiding the implementation of the Law; and provides transitional regulations.

2. Scope of Regulation and Subjects of Application

• Scope of regulation: The Law regulates the right to freedom of belief and religion; belief and religious activities; religious organizations; and the rights and obligations of agencies, organizations, residential communities, and individuals involved in belief and religious activities.
• Subjects of application: Agencies, organizations, residential communities, and individuals involved in guaranteeing and exercising the right to freedom of belief and religion.

3. Fundamental Rights and Obligations of Individuals and Organizations within the Scope of Application

a) Rights of Individuals and Organizations:

• Rights of individuals:
  • Article 9 of the Law provides: Everyone has the right to freedom of belief and religion, including the right to follow or not follow any religion. Each person has the right to express their belief and religious faith (conviction); practice religious rituals and belief rites; take part in festivals; study and practice religious doctrine and canon law. Every person has the right to enter into monastic life (religious life) at a religious facility, and to study at religious educational institutions and religious training classes; minors entering monastic life at a religious facility or studying at religious educational institutions or training classes must do so voluntarily and obtain consent from their parents or guardians. Dignitaries, deacons, and monastics have the right to perform religious rituals, preach, and propagate religion at religious facilities or other lawful venues. Persons held in temporary custody, persons in temporary detention, persons serving prison sentences, and persons serving measures at reform schools, compulsory education establishments, or compulsory rehabilitation establishments have the right to use scriptures and express their belief and religious faith (conviction).
  • For foreigners legally residing in Vietnam (Article 10 of the Law): Are respected and protected by the State of Vietnam in their right to freedom of belief and religion; are entitled to practice religion and take part in belief and religious activities; may use lawful venues for congregational religious practice; may invite Vietnamese dignitaries, deacons, and monastics to conduct religious rituals and preach, or invite foreign dignitaries and monastics to preach; may enter into monastic life at religious facilities and study at religious educational institutions and training classes; may bring scriptures, religious publications, and religious articles (items/accoutrements) to serve personal religious needs; foreign dignitaries and monastics legally residing in Vietnam are permitted to preach at religious establishments or other lawful venues in Vietnam.
• Rights of organizations:
  • Article 11 of the Law provides: Religious organizations and affiliated religious organizations may operate according to their charters, statutes, and documents of similar nature (collectively referred to as charters); organize religious practices; publish scriptures and other religious publications; manufacture, export, and import religious cultural products and religious articles; renovate, upgrade, and construct new religious establishments; receive lawful assets voluntarily donated by domestic and foreign organizations and individuals; and exercise other rights in accordance with the Law and relevant legislations.
  • For organizations granted a religious activity registration certificate (Article 12 of the Law): May organize religious ceremonies, religious practices, preaching, and doctrinal training; appoint, elect, and nominate deacons (office-bearers); repair and renovate headquarters; carry out charitable and humanitarian activities; and organize general assemblies to adopt charters.
• For residential communities: Have belief facilities as communal property to serve the belief needs of the residential community; may elect and appoint representatives or members of the management board of a belief facility; define terms of office, responsibilities, and powers of representatives and management board members (Article 14); perform belief activities within and outside belief facilities (Article 15); organize traditional faith festivals (Articles 16, 17); manage and use proceeds collected from organizing traditional faith festivals (Article 18); and organize fundraising and receive donations from organizations, individuals, or other lawful sources to establish assets belonging to belief facilities in service of community belief activities (Article 52).

b) Obligations of Individuals, Organizations, and Residential Communities:

Article 13 of the Law provides:

• Organizations, residential communities, and individuals participating in belief and religious activities must strictly comply with Article 3 of the Law regarding principles of belief and religious activities.
• Dignitaries, deacons (office-bearers), monastics (religious devotees), representatives, and management boards of belief facilities are responsible for guiding followers and participants to carry out belief and religious activities in full compliance with the law.

4. New Policies and Provisions

The Law articulates four major policies:

(1) First highlight: Establishing for the first time a legal framework for belief and religious activities in cyberspace

The Law adds Clause 17 to Article 2 interpreting the term “belief and religious activities in cyberspace”, while adding to Article 7 a prohibited act: "Using cyberspace, artificial intelligence, or emerging technologies to violate laws on belief and religion."

Article 8 establishes principles that when conducting belief and religious activities in cyberspace, relevant entities must fulfill obligations of notification, registration, or application in accordance with corresponding provisions of the Law; specifies responsibilities of organizations and individuals operating online; and sets forth responsibilities of competent state agencies and telecommunications network enterprises in preventing and blocking contents that violate laws on belief and religion.

(2) Second highlight: Decentralization and delegation of power in the field of belief and religion

The 2026 Law transfers several powers previously vested in the Ministry of Ethnic and Religious Affairs under the 2016 Law to People's Committees at provincial levels (as specified in Articles 27, 28, 38, 40, 44, 45, 46, and 47). This transfer aims to intensify decentralization and ensure that ministerial-level administrative procedures account for no more than 30% of total administrative procedures in the sector, in line with Government Resolution No. 89/NQ-CP dated April 5, 2026. Concurrently, the Law reallocates competencies from People's Committees at district levels to People's Committees at provincial and communal levels to align with the two-tier local government model.

(3) Third highlight: Supplementing state management measures in the field of belief and religion

The Law inherits valid regulations of the 2016 Law while amending and supplementing specific articles and clauses with new state management measures, such as:

• Adding measures to revoke written approvals for congregational religious practice (applicable to both groups of Vietnamese citizens and groups of legally residing foreigners), revoke certificates of religious activity registration, and suspend positions held by deacons (office-bearers).
• Defining a legal framework for belief activities conducted outside belief facilities. Explicitly clarifying the responsibilities of competent state agencies in receiving notifications or registrations for organizing traditional faith festivals.
• Perfecting qualification standards for representatives and management boards of belief facilities, as well as representatives and leaders of religious organizations, organizations certified for religious activities, and congregational religious groups.

Specific amendments and supplements:

• Amended and perfected provisions across Articles: 1, 2, 14, 15, 19, 20, 21, 22, 26, 29, 31, 34, 35, 47, 50, 51, 56, 57, and 58. In addition, related clauses were adjusted to maintain internal consistency throughout the Law.
• Supplemented points, clauses, and articles: definitions of belief and religious activities in cyberspace (Clause 17, Article 2); principles of belief and religious activities (Article 3); international cooperation in belief and religious affairs (Article 5); belief and religious activities in cyberspace (Article 8); election and appointment of belief facility representatives spanning multiple communes within one province or representing facilities listed in the inventory and classification list of relics (Clauses 4 and 6, Article 14); notification and registration procedures for belief activities (Clauses 2 and 3, Article 15); state management measures in belief and religion (Articles 19, 20, 33, and 43); conditions for establishing religious educational institutions (Article 34); and training levels, forms, and modes of religious educational institutions (Article 35).
• Removed provisions: removed detailed procedures and workflows, leaving them to Government regulations; removed provisions on separate obligations of belief/religious actors and general belief activity principles from the 2016 Law in favor of an overarching principle article (Article 3); and eliminated Articles 64 and 65 of the 2016 Law to ensure harmony and uniformity with related laws.

(4) Fourth highlight: Simplifying administrative procedures and digital transformation in belief and religion

The Law introduces streamlined administrative procedures and digital transformation mandates to create favorable conditions for organizations and individuals:

• Amends and supplements 07 administrative procedures from the 2016 Law: 02 registration procedures with added provisions on subjects and operational areas (Article 15); 01 registration procedure shifted from pre-inspection to post-inspection (Article 31); and 04 procedures converted from request/application to registration (Article 42).
• Modifies 03 administrative procedures from the 2016 Law by shifting requirements from registration to prior notification: 02 procedures under Article 15 and 01 procedure under Clause 1, Article 37.
• Eliminates rigid specifications on documentation, workflows, and processing timelines from the Law, authorizing the Government to detail procedures and implement measures. Consequently, dossier components are curtailed (notably removing the judicial record certificate) and administrative processing timelines are shortened.
• In digital transformation: The Law sets requirements to foster the application and development of science, technology, innovation, and digital transformation in state management. The Ministry of Ethnic and Religious Affairs is currently assigned by the Government to build the national database on religions, establish inter-agency data sharing mechanisms, and construct technical infrastructure to effectively deploy information technology, ensuring enhanced efficacy and efficiency of state management in belief and religion.