The State of Vietnam Consistently Respects and Guarantees its Citizens’ Right to Freedom of Belief and Religion
08/12/2013
1. State Policies in Basic Laws Related to Belief and Religion
The August Revolution achieved success in 1945. In 1946, the first Constitutionof the Democratic Republic of Vietnam affirmed The right to freedom of belief as one of five major citizen rights (These rights appear in Article 10, Chapter II, “Fundamental Rights and Obligations of Citizens", and are defined as "the right of freedom to discuss, freedom to publish, freedom to organize and assemble, the freedom of belief, and the freedom to travel inside and outside the country"). The 1946 Constitution created a legal foundation for implementing policies on religion through this article declaring respect for the citizens’ right to freedom of belief.
On 31 December 1959, the National Assembly of the Democratic Republic of Vietnam approved the 1959 Constitution with this clear statement in Article 26 of Chapter III, “Fundamental Rights and Obligations of Citizens”: “Citizens of the Democratic Republic of Vietnam have the right to freedom of belief, to follow or not to follow a religion". Building on the 1959 Constitution, the 1980 Constitution of the Socialist Republic of Vietnam added to the previous text with Article 68, Chapter V, “Fundamental Rights and Obligations of Citizens". This article noted: “Citizens have the right to freedom of belief, to follow or not to follow any religion. No one is allowed to take advantage of religion in order to act against the laws and policies of the State".
After the Party’s resolutions regarding religious affairs in the context of the Reform and Renewal, the State’s legal documents and procedures institutionalized new thinking in terms of religion. Most important of all is the 1992 Constitution, which built on the Constitutions from 1946, 1959, and 1980, representing the State of Vietnam’s Renewal thinking regarding religion. The 1992 Constitution affirms in Article 70 of Chapter V, (Fundamental Rights and Obligations of Citizens): “Citizens have the right to freedom of belief and religion, to follow or not to follow any religion. All religions are equal before the law. Places of worship belonging to beliefs and religions are protected by the law. No one is allowed to encroach on the freedom of belief and religion or to take advantage of belief or religion in order to abuse the laws and policies of the State".
2. Provisions in Former Normative Legal Documents Regarding Belief-related and Religious Activities
In addition to affirming its fundamental principles about religion in the Constitution, the State of Vietnam institutionalized the right to freedom of belief and religion in legal documents and procedures guiding and governing religious affairs. On 14 June 1955, President Hồ Chí Minh signed and promulgated Order No. 234/SL, “Order of the Government of the Democratic Republic of Vietnam regarding Religion". Its first chapter, “Guarantee of the Right to Freedom of Belief", stated:
- “The Government guarantees the right to freedom of belief and freedom to worship of its citizens. No one is permitted to violate this right. Each Vietnamese has the right to follow or not to follow any religion.
Members of religious orders have the freedom to preach at religious establishments (such as churches, pagodas, monasteries, religious schools, etc.).
When preaching and disseminating religion, leaders of religious communities have the duty to educate their followers in patriotism, the duties of citizens, and the importance of respecting the democratic and legal authority of the Democratic Republic of Vietnam.
- Members of religious orders and followers are equally entitled to each right of a citizen and must fulfill each duty of a citizen.
- Foreigners who are members of religious orders and who receive permission from the Government of the Democratic Republic of Vietnam may preach, just like Vietnamese members of religious orders; they must abide by the laws of the Democratic Republic of Vietnam, just like other foreigners.
- Religious organizations may publish and distribute documents and books with religious content, but they must abide by the publishing laws of the Government of the Democratic Republic of Vietnam.
- Religious organizations may open schools to train their own religious professionals.
- Churches, ancestral temples, pagodas, shrines, temples, religious objects used in worship, and religious-training schools are all protected by the law.
- The law will punish anyone who: takes advantage of religion in order to undermine peace, unity, independence, and democracy; advocates war or destruction of national unity; prevents believers from fulfilling their duties as citizens; encroaches upon the freedom of belief and the freedom of thought of other people; or carries out illegal activities".
Based on the general principles noted above, Order No. 234 provided detailed regulations regarding: Economic, cultural, and social activities of religions; the land belonging to religions; and the relationship between local-level government and religions.
Order No. 234 remained in effect until the South was liberated and the country was reunited. On 11 November 1977, the Government Council replaced Order No. 234 with Resolution No. 297/CP, “Some Policies on Religion". Building on Order No. 234, Resolution No. 297 defined five clear principles in Government policies on religion, as follows:
- “The Government guarantees the citizens’ right to freedom of belief and the right to freedom not to [follow] any belief.
- Members of religious orders and religious followers are all entitled to every citizen’s rights and must fulfill each duty of a citizen.
- Religious organizations and every citizen, whether a religious follower or not, are equal before the law.
- Religious groups must abide by the Constitution, laws, guidelines, policies, and regulations of the State in every area of their activities.
- Anyone taking advantage of religion to undermine the independence of the Homeland, to oppose the system of socialism, to undermine the great national unity of all people, to prevent followers from fulfilling their duties as citizens, or to oppose the policies and laws of the State will be punished according to the law".
From the five principles cited above, Resolution No. 297 detailed a number of specific policies on religious activities by leaders and members of religious orders regarding training, appointments, and the transfer of staff carrying out religious activities. In particular, Resolution No. 297 clearly set out the responsibilities of the authorities at different levels in guaranteeing full implementation of the people’s right to freedom of belief.
On 21 March 1991, the Government issued Decree No. 69/HĐBT, "On Religious Activities", and then later on 19 April 1999 issued Decree No. 26/NĐ-CP, “On Religious Activities", to define religious activities within a legal framework.
Decree No. 69 and Decree No. 26 affirm principles for religious policies during the period of Reform and Renewal as follows:
- “The State guarantees the right to freedom of belief and religion and the freedom and the right not to have a belief or a religion and forbids any discrimination for reasons of belief or religion.
- Citizens who follow a religion or who do not follow a religion are equal before the law and are entitled to every right of citizens and are responsible to implement each duty of citizens.
- Religious followers must abide by the Constitution and the laws of the State of the Socialist Republic of Vietnam.
- Religious activities for the legal and legitimate interests of believers are protected.
- The following are forbidden and will be punished according to the law: Every action that violates the right to freedom of belief and religion; that takes advantage of belief or religion to oppose the State of the Socialist Republic of Vietnam; that hinders believers in their duties as citizens; that undermines the cause of national unity of all people; that weakens the nation’s wholesome culture; as well as any activities that are superstitious".
In this way, Decree No. 69 and Decree No. 26 consistently express the position of the State of Vietnam regarding religion: The State respects and guarantees the citizens’ need for activities linked to belief and religion; encourages religious activities for the interest of the Homeland and the people; and prohibits and punish according to the law any actions that take advantage of religion for destructive purposes.
3. Policies in Current Legal Documents Related to Belief and Religion
On 18 June 2004, the Standing Committee of the National Assembly of Vietnam approved the Ordinance on Belief and Religion. This ordinance was based on: the citizens’ need for activities linked to belief and religion in the period of Reform Renewal; on the request to implement State governance of affairs linked to belief and religion; and on the need to build the rule of law in Vietnam. On 29 June 2004, the President of the country signed the Order promulgating the Ordinance on Belief and Religion, which took effect on 15 November 2004. On 1 March 2005, the Government issued Decree No. 22/2005/NĐ-CP guiding the implementation of certain articles in the Ordinance on Belief and Religion. These are the legal documents and procedures that directly regulate activities linked to belief and religion in Vietnam today.
The Ordinance on Belief and Religion consists of six chapters and 41 articles. These articles lay down democratic policies that respect the people’s right to freedom of belief and religion; clearly state rights and duties of religious individuals and religious organizations as well as the responsibilities of State agencies in guaranteeing rights and duties of individuals and organizations in activities linked to belief and religion; and respect and guarantee the principle that internal affairs of religious organizations are to be settled by the organizations themselves in accordance with their charters and regulations, which have been recognized by the State. The responsibilities of competent State agencies in regard to religious activities have been specified in line with administrative reform, including: clear procedures and deadlines, clear delegation of jurisdictional decision-making authority to the different levels of administration to create favorable conditions for religious organizations and individuals; facilitate wholesome religious relationships and activities to serve the legitimate interests of believers and religious organizations and the shared interests of the entire society within the context of Vietnam’s current enhanced international integration.
The Ordinance on Belief and Religion is open and forward-looking; on one side, it has met the need for citizens’ guaranteed right to freedom of belief and religion and freedom not to believe nor to follow any religion; on the other, it has met the need for State governance of activities linked to belief and religion. Simultaneously, the State of Vietnam has expressed its attention to the legitimate interests of citizens who follow a belief or religion and has clearly stated its position on illegal activities linked to religion. The State of Vietnam strictly forbids the following: infringement on the citizens’ right to freedom of belief and religion; coercing citizens to follow a religion or to abandon a religion in which they believe; abusing the right to freedom of belief and religion to undermine the peace, independence, and unity of the country; advocating violence or war; creating discord among the people, ethnic groups, and religions; disturbing public order; harming the life, health, human dignity, honor, or property of other people; obstructing the exercise of citizens’ rights and duties; taking part in superstitious activities; and engaging in any other unlawful behavior.
Believers and religious followers have freedom to express their beliefs, to practice religious rites and worship, to pray, to take part in various forms and activities of religious rituals, to study the religious doctrines that they follow; and to participate in festivals that are appropriate to the nation’s traditions and cultural identity; followers may not negatively impact national customs and tradition or community unity; they are expected to ensure safety, thrift and protection of the environment. At the same time, followers must respect the regulations of the competent agencies; regulations on the holding of festivals; community regulations and conventions; and provisions of the law. They must respect the right to freedom of belief and religion and not to follow a belief or a religion. The exercise of followers’ freedom of belief and religion must not obstruct the implementation of citizens’ rights and duties.
The Ordinance on Belief and Religion establishes necessary and sufficient conditions for a citizens’ organization to be recognized as a religious organization. The condition that “the organization has registered religious activities, and undertaken stable religious activities” is an important requirement. Depending on the scope of their activities, religious organizations register their activities with the Government Committee for Religious Affairs at the national level or the Office of religious affairs at the provincial level so that official recognition can follow easily according to the regulations set by the law once all necessary conditions are met.
The Ordinance also has favorable regulations on the operation of religious associations and orders. Entities established under a religious organization with the sole purpose to serve in religious rites do not need to register with the competent State authorities. Monasteries, convents, and organizations of other religious orders need only to register in accordance with the regulations of the local-level competent State office in order to exercise their right to conduct legal activities. Monasteries, convents, and other religious orders that registered before implementation of this Ordinance do not need to register again. Those who have been carrying out activities but have not yet registered their organizations should register according to these current regulations.
Religious organizations may establish training schools or open additional classes for religious professionals and implement these activities in accordance with general regulations regarding procedures for opening schools and classes.
Ordination, conferment of titles, appointment, election, and nomination within a religion are internal affairs for that religious organization to select and decide according to its State approved charter and regulations; the law only requiring the guaranty of civic capacity. After ordinations, conferring of titles, appointments, elections, or nominations, the religious organizations should register with the appropriate State authorities the names of the persons concerned in order for them to engage in lawful religious activities. This will help build understanding and closer relations between State agencies and religious leaders and create more favorable working relationships. If ordinations, conferring of titles, appointments, elections, or nominations involve foreigners, then prior consensus agreement with the Government Committee for Religious Affairs is required.
The transfer of a religious leader or a member of a religious community is an internal affair of that particular religion. In case of such transfer, the religious organization needs only to inform the People’s Committee of the originating district and register with the People’s Committee of the new district.
The State holds the responsibility to govern society, including religious organizations and religious activities. For that reason, annual registration of religious activities with local government authorities helps these agencies be prepared to facilitate belief-related and religious activities that attract large numbers of followers and believers so that local officials can ensure social order and public security.
An individual may enter a religious order voluntarily, without any coercion or obstruction. A underage juvenile who wishes to do so must have the agreement of his/her parents or guardian. The person in charge of a religious establishment, upon admission of a person who wishes to join that establishment, is responsible for registering that person with the People’s Committee of the commune where the establishment is located in order to guarantee that everyone enjoys the right to freedom of belief and religion without any obstacles.
Appropriate authorities will create favorable conditions for other religious activities, such as: Annual conferences, congresses, preaching, and disseminating activities inside or outside religious establishments with the participation of foreign leaders or religious figures. Religious organizations will be permitted to invite foreign organizations or individuals to Vietnam to conduct exchanges or activities of international cooperation related to religious affairs. They can also take part in religious activities or religious training courses organized in foreign countries. Foreigners coming to Vietnam are permitted to bring with them religious publications and objects for their own personal need; they may take part in religious activities in religious organizations just like Vietnamese believers or followers; they may invite Vietnamese religious leaders to conduct religious rites for them. However, religious activities will be suspended under the following conditions if such activities: threaten national security; seriously damage public order or the environment; endanger life, health, honor, human dignity, or the property of other people; or violate the law and cause a negative effect on social relations protected by the State.
The State protects the legal assets of belief-related and religious establishments and creates favorable conditions for the management and utilization of land owned by religious organizations and for the construction as well as for the repair, upgrading, and further building of establishments for religious organizations.
A religious organization shall be entitled to solicit contributions and raise funds as well as to accept assets donated and presented voluntarily by domestic and foreign individuals and organizations in compliance with provisions of the law. No abuse of fund-raising for the benefit of individuals or for illegal purposes shall be allowed.
The publishing, printing, and distribution of scriptures, books, newspapers, journals, or other publications related to belief and religion and the trading, exportation, or importation of cultural products related to belief and religion, or the manufacture of articles for use in belief-related and religious activities shall be in compliance with the provisions of the laws on publication, importation and exportation of non-commercial cultural products, and other related regulations.
The State encourages and creates favorable conditions for religious organizations to take part in humanitarian activities in compliance with the charters and regulations of the organizations and the provisions of the law. Religious leaders and members of religious communities, in their civic capacity, are encouraged by the State to organize educational, medical, charitable, and humanitarian activities in accordance with provisions of the law.
The Ordinance on Belief and Religion has reaffirmed the consistent policies of the State of the Socialist Republic of Vietnam on religion. It has created an important legal framework for the guarantee of the right to freedom of belief and religion of citizens. It meets not only belief-related and religious needs, which are now very diverse and vibrant in Vietnam, but is also in compliance with international agreements that Vietnam has signed or acceded to, including the International Declaration on Human Rights and the International Convention on Civil and Political Rights. The Ordinance is also an important stride in establishing a stable and sustainable relationship between the State and religious organizations. This has paved the way for the religious organizations that have not been recognized to register their religious activities and be recognized once all necessary conditions are met.
The issuance of the Ordinance on Belief and Religion has contributed to improvement of the legal system of Vietnam in the area of belief and religion and is the concretization of guidelines and policies of the Communist Party of Vietnam in this regard. Vietnam has shown its determination to build a state based on the rule of law, a state of the people, by the people, and for the people. In the specific area of religious organizations and activities a series of decrees have been enacted. All of these legal documents proceed from the principle of guaranteeing the right to freedom of belief and religion of people and the right to freedom of activities of religious organizations in compliance with the traditions, culture, social ethics, and laws of Vietnam as well as related international laws in this area. This Ordinance will be the foundation for the issuance of the Law on Belief and Religion in the future.
On 4 February 2005, the Prime Minister issued Instruction No. 01/2005/CT-TTg, Some Tasks Related to Protestantism, to address remaining concerns related to religious activities of Protestants, especially ethnic minority groups in the Central Highlands as well as Mông and Dao ethnic minority groups in the Northern Highlands in order to normalize religious life of Protestants so that followers of this belief and religion can have peace of mind and remain closely connected to their communities.
