QUOTE CONSTITUTION OF
(Amended and supplemented in 2001)
Article 70:
Citizens have the right to freedom of religious and belief, follow or do not religion. All religions are equal before the law.
Worship place of all religions are protected by law.
No one can violate freedom of belief, religion or misuse beliefs and religions to contravene the law and the policies of the government.
Directive No. 1940/2008/CT-TTg on land-related to religion
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PRESIDENT |
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No: 1940/2008/CT-TTg
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DIRECTIVE ON LAND RELATED TO RELIGION
Implementing the policies of the Party and the laws on religion of the State, recently the ministries, the local authorities have made great strivings in religious work and achieved certain results. Religious activities comply with the law, the majorities of religious believers believe and trust the policies of the Party and the State, actively participate in building the country. Along with the development of the country, daily needs for religious activities of believers increase more and more. It includes demand for housing and land. However, due to the historical circumstances, the management and use of house and land in general and land related to religion in particular in our country poses a number of issues that need to be adjusted suitably.
To manage the use of housing and land related to religion lawful and appropriate to practical situation, thus to contribute to building and national development, strengthen national unity, the Prime Minister requests the ministries, and People's Committees of the provinces and the cities directly adjust management the use of land related to religions then check problems and solve them. Thanks to that we can ensure harmony between religious interests with national interests.
The management of using land related to religion must comply with the policies, the laws and according to the rules as the followings:
1. Belief, religion is spiritual needs of some groups of people and will exist in the process of building socialism in our country. Religious people are the part of the great national unity. The Party and the State shall respect and ensure the religious activities according to the law, and ensure legitimate demands for housing, land for the purpose of religious organizations.
2. If religious organizations need for housing and land to cater for religious activities, the People's Committees of the provinces and the cities under central authority shall consider, based on the religious policy of the State, land use planning and local land fund, to decide to give religious organizations the area of land according to the law.
3. Housing and land related to religion that the State has managed, arranged for use in the process of implementing the management policies on housing and land reform policy issued on July 1st , 1991, shall comply with Resolution No. 23/2003/QH11 November 26th, 2003 of the National Assembly and the legal documents involved. Focus on some specific cases as follows:
a) Housing and land related to religion that the State has managed, or assigned, the agencies and the organizations must manage, use for the right purposes and efficiently without affecting religious believers.
In case of ineffective use, the People's Committees of the provinces and the cities under the central authority collect again to use for national interests, public interests. In case that religious organizations have legitimate need for using house and land for religious purposes, for particular cases, the People's Committees of the provinces and the cities directly under the Central Government may consider to assign housings with suitable area of land; or create conditions for religious organizations to build new facilities in accordance with the law;
b) Land used by religious organizations the purpose of agricultural production, forestry production, production of non-agricultural business, charitable and religious place and land used by religious organization specified in Clause 1 Article 99 of Land Law (including cases of transfer, donation before July 1, 2004) and now the local authority there is no argument on this land, shall be issued a land use certificate. This land will be used according to the corresponding land use purpose for each kind of land. For example, households and individuals can transfer purpose of land use by decision of the provincial People's Committee. Land used for agricultural purposes, forest production, production of non-agricultural business, charitable place of religious organizations that are not allocated by the State without collection land use fees, can be taken the right to transfer, donate or lease and mortgage in accordance with the law on land.
In case religious organizations which have been transferred and they received land but this land is in argument, the authority must solve the problems in accordance with the law before granting land use right certificates;
c) After giving the decision to solve each case, the state office must announce to the competent authorities and religious believers and the public so that they can know and implement.
These acts of abusing settlement of house and land related to religion disturbing social order, dividing the great national unity, unity in the community, law violations must be punished severely by the law.
4. Ministry of Natural Resources and Environment, Ministry of Construction, the related ministries, branches and People's Committees of the provinces and the cities directly under the Central Government according to functions, duties and powers adjust management of using land related to religions; based on religious policy, land policy, land of the locality and the actual needs of religious organizations to consider and deal with each specific case; guide the functional organizations to continue to accelerate the granting of land use right certificates for religious organizations to meet the conditions according to the law on land.
5. The ministries, the authorities and People's Committees of the provinces and the cities directly under the Central Government coordinate with Vietnam Fatherland Front and its member organizations to extensively propagandize and implement strictly the guidelines and the policies of the Party and the laws of the State on religious beliefs, religion, housings, land and other relevant regulations.
6. The ministers, the heads of ministerial agencies, the heads of governmental agencies, the presidents of the provinces and the cities directly under the Central government plan to strictly implement this Directive and annually report to the Prime Minister.
During the implementation of the Directive, problems or issues that may arise, report to the Prime Minister for consideration and decision.
7. Government Committee for Religious Affairs is responsible for coordinating with relevant agencies to monitor and encourage implementing this Directive. /.
Prime Minister
(Signature)
Nguyễn Tấn Dũng
