Question: How is the right to freedom of belief and religion for everyone prescribed in the new Law on belief and religion?

11/15/2017

Article 6 of the Law on belief and religion on the right to freedom of belief and religion specifies the following:

- Everyone has the right to freedom of belief and religion, to follow or not to follow a religion.

- Everyone shall be entitled to express their faith, perform religious rites, participate in religious ceremonies, and study dogmas of the religion.

- Everyone has the right to lead a religious life in religious establishments and to study in religious training schools, refresher courses of religious organizations. A juvenile who wishes to lead a religious life or study in religious training schools shall require agreement by his/her parents or guardian.

- Dignitaries, deacons and clergypersons shall be entitled to conduct religious rites and preach at religious establishments or other legal places.

- A person who is illegally arrested, held in custody, temporarily detained, charged with a criminal offence, investigated, prosecuted and brought to trial or subject to judicial enforcement, or a person taken to a rehabilitation center, has the right to use religious scriptures and express religious beliefs.

- The Government shall issue specific guidance for the implementation of these rights prescribed in Paragraph 5, Article 6 of the Law of belief and religion.

Question: How are the rights of religious organizations and dependent religious organizations prescribed in the law on belief and religion?

Article 7 of the law on belief and religion specifies the rights of religious organizations and dependent religious organizations as the following:

- To carry out religious activities in accordance with the charter, statutes and documents with similar contents (referred to as the charter) of religious organizations.

-  To perform religious practices.

-  To publish religious scriptures and other publications related to belief and religion.

-   To produce, export or import cultural products related to belief and religion or religious supplies.

-   To renovate, upgrade, construct religious establishments.

-   To accept assets donated and presented voluntarily by domestic and foreign organizations and individuals.

- Other rights accorded with the provisions of this Law and other concerning laws.

How are the rights to religious freedom of foreigners prescribed in the Law on belief and religion?

Article 8 of the Law on belief and religion on the rights of foreigners who are lawfully residing in Vietnam stipulates the following:

- The right to freedom of belief and religion of foreigners who are lawfully residing in Vietnam shall be respected and protected by Vietnam State.

- A foreigner lawfully residing in Vietnam has the rights to:

+ Practice the religion, participate in belief and religious activity,

+ Engage in collective religious practices at legal worshipping places,

+ Invite religious dignitaries, deacons and clergypersons who are Vietnamese nationals or foreigners to perform religious rites or preach,

+ To lead a religious life in religious establishments and study in religious training schools or refresher courses of the religious organizations in Vietnam,

+ To possess religious publications, religious articles for his/her personal use in compliance with stipulations by the law of Vietnam,

-   A dignitary, clergyperson who is foreign national shall be entitled to preach at Vietnam religious establishments.

Question: What are responsibilities of organizations and individuals for the implementation of the right to freedom of belief and religion prescribed in the law?

Article 9 of the Law on belief and religion specifies the rights of organizations, individuals in the implementation of the right to freedom of belief and religion as the following:

- Organizations, individuals while participating in the practice of belief and religion shall have to observe the Constitution, the Law on belief and religion and other concerning laws.

- Dignitaries, deacons, clergyperson, representatives and management boards of religious establishments shall guide followers, persons engaging in belief and religious activities to conduct belief and religious activities in accordance the law.

PH