US embassy cable - 04HANOI2009

UNCLAS SECTION 01 OF 08 HANOI 002009 
 
SIPDIS 
 
STATE FOR EAP/BCLTV and DRL/IRF 
 
E.O. 12958:  N/A 
TAGS: PHUM, PGOV, KJUS, KIRF, VM, RELFREE, HUMANR 
SUBJECT: TEXT OF VIETNAM'S NEW ORDINANCE ON RELIGION 
 
REF: Hanoi 1987 
 
1. (U) Following is an unofficial Embassy translation of 
Vietnam's new Ordinance on Belief and Religion. 
 
//Begin text// 
 
Ordinance on Belief and Religion 
 
Pursuant to the 1992 Constitution of the Socialist Republic 
of Vietnam, which was amended and supplemented under 
Resolution No. 51/2001/QH 10 dated December 25, 2001 by the 
10th National Assembly during its 10th session; 
 
Pursuant to the Resolution No. 21/2003/QH11 dated November 
26, 2003 on its legislative work plan for the year 2004 by 
the 11th National Assembly during its 4th session; 
 
This Ordinance governs belief and religious activities. 
 
 
Chapter I 
 
GENERAL PROVISIONS 
 
Article 1: 
 
Citizens have the right to freedom of belief and religion, 
and freedom of non-belief and non-religion. 
 
The State ensures freedom of belief and religion.  Nobody is 
permitted to violate these freedoms. 
 
All religions are treated equally before the law. 
 
Citizens who are adherents to beliefs and religions and 
those who are non-believers must respect each other. 
 
Article 2: 
 
Religious dignitaries and priests, and believers and 
religious citizens enjoy all citizens' rights and have the 
responsibility to discharge all citizens' obligations. 
 
Religious dignitaries and priests have the responsibility to 
regularly educate believers about patriotism, citizens' 
rights and obligations, and obedience to the law. 
 
Article 3: 
 
For the purpose of this ordinance, terms are defined as 
follows: 
 
1. Belief activities are activities of ancestor worship; 
activities in memory and honor of those who have rendered 
great services to the country and the community; activities 
to worship divinities and traditional symbols as well as 
other folklore belief activities that represent fine 
historical, cultural, moral and social values. 
 
2. Place of worship is the place where the community's 
belief activities take place, including communal houses, 
temples, shrines, family worshipping halls, and other 
similar establishments. 
 
3. Religious organization is the assembly of believers of 
the same tenets, cannons, rites, and is organized into a 
certain structure recognized by the State. 
 
4. Local religious organization is the local unit of a 
religious organization including Buddhist temples' 
management boards, Catholic parishes, Protestant 
associations, Cao Dai parishes, Hoa Hao management boards at 
the commune, precinct, and township level, and local units 
of other religious organizations. 
 
5. Religious activities are the preaching and practicing of 
religious tenets, cannons, and rites, and religious 
organizations' management. 
 
6. Religious congregation is the assembly of believers that 
is set up by religious organizations for the sake of 
religious activities. 
 
7. Religious establishment is a place of religious worship, 
a place where priests lead a religious life, a school to 
train religious dignitaries and priests, the office of a 
religious organization, and other establishments affiliated 
with religions recognized by the State. 
 
8. Believer is a person who believes in a religion and is 
recognized by that religion. 
 
9. Priest is a believer who regularly and voluntarily 
practices his/her life style according to tenets and cannons 
prescribed by the religion that he/she believes in. 
 
10. Dignitary is a believer who holds a position and title 
in a religion. 
 
Article 4: 
 
Pagodas, churches, oratories, communal houses, temples, 
shrines, offices of religious organizations, religious 
organizations' training establishments, other legal 
religious and belief organizations, liturgical and worship 
instruments are protected by law. 
 
Article 5: 
The State ensures the right to belief and religious practice 
according to legal provisions; respects religious cultural 
and ethical values; preserves and promotes the positive 
values of the tradition of ancestor worship and honoring 
those people have rendered great service to the country and 
community, which contributes to further consolidate great 
national unity and meets the common people's spiritual need. 
 
Article 6: 
 
Relations between the state of the Socialist Republic of 
Vietnam and other countries and international organizations 
over religion-related issues must be based on the principles 
of respecting independence, sovereignty, non-interference 
into each other's internal affairs, equality, mutual 
benefit, which are in conformity with each other's law as 
well as international law and practices. 
 
Article 7: 
 
1. The Vietnam Fatherland Front and its member 
organizations, within the scope of their duties and 
authorities, have the responsibility to: 
a. Gather followers of belief and religions and non- 
believers to build national unity, and to build and defend 
the Fatherland. 
b. Promptly report the people's comments, expectations, and 
petitions on belief and religion-related issues to competent 
State agencies. 
c. Take part in the dissemination of information, encourage 
religious dignitaries, priests and believers, believers, 
religious organizations and common people to execute the 
State ordinance on belief and religion. 
d. Take part in the process of development and monitoring 
with respect to the execution of State policies and 
ordinance on belief and religion. 
 
2. State agencies, within the scope of their duties and 
authorities, take the initiative in cooperating with the 
Vietnam Fatherland Front and its member organizations in 
disseminating information about, and encouraging the 
implementation of, the State's ordinance and policies on 
belief and religion. 
 
Article 8: 
 
1. Discrimination on belief and religious grounds that 
constitutes a violation to the citizen's freedom of belief 
and religion is not allowed. 
 
2. The abuse of the right to freedom of belief and religion 
to undermine peace, independence and national unity; incite 
violence or to wage war; disseminate information against 
prevailing State's law and policies; sow division among the 
people, ethnic groups, and religions; cause public disorder; 
do harm to other people's lives, health, dignity, honor, and 
property; hinder people from exercising their rights and 
public obligations; spread superstitious practices and 
commit acts to breach the law, are not allowed. 
 
 
Chapter II 
 
ACTIVITIES OF BELIEVERS AND ACTIVITIES OF RELIGIOUS 
DIGNITARIES, PRIESTS AND ADHERENTS 
 
Article 9: 
 
1. People with belief and religious adherents are free to 
express their faith, conduct rites of worship and prayers, 
take part in and provide service for religious festivities, 
and study religious teachings. 
2. People with belief and religious adherents have the 
responsibility to respect each other's freedom of belief and 
religion and the freedom of non-belief and non-religion; the 
implementation of the right to freedom of belief and 
religion must not hinder the discharge of citizen's rights 
and obligations; belief and religious activities must be 
according to law. 
 
Article 10: 
 
People who take part in belief and religious activities must 
obey regulations set by the places of belief and religious 
worship, and other regulations agreed upon by the community. 
 
Article 11: 
1. Religious dignitaries and priests are allowed to carry 
out their religious functions and roles within the limits of 
their responsibilities, and to preach at religious 
establishments. 
 
2. For activities beyond those mentioned in clause 1 of this 
Article, there must be the consent of the People's Committee 
at the district or town level (hereinafter referred to as 
People's Committee at the district level) where the 
activities take place. 
 
Article 12: 
 
1. The person in charge of a local religious organization 
has the responsibility annually to register religious 
activities to take place at that religious establishment 
with the People's Committee at the commune, precinct, and 
township level (hereinafter is referred to as the communal 
level People's Committee); activities beyond those which 
have been registered shall require the consent of competent 
State agencies. 
 
2. The authority to approve the organization of a religious 
festival is regulated by the Government. 
 
Article 13: 
 
1. Persons who are serving prison terms or who are under 
administrative probation are not allowed to preside over 
religious rituals, to preach religion, to manage religious 
organizations, and to preside over belief festivities. 
 
2. The restoration of the religious functions or role of 
individuals who have completed the term of these sanctions 
must be proposed by the religious organization that manages 
him/her, and agreed upon by the competent State management 
agency. 
 
Article 14: 
 
Belief and religious activities must ensure safety and cost 
effectiveness, be in line with national traditions and 
cultural identity, and be safe for the environment. 
 
Article 15: 
 
Belief and religious activities will be suspended if they: 
 
1. Violate national security, seriously affect public order 
or environment. 
 
2. Negatively affect the people's unity or the nation's fine 
cultural traditions. 
 
3. Do harm to other people's lives, health, dignity, honor, 
and property. 
 
4. Cause other serious illegal activities. 
 
 
Chapter III 
 
RELIGIOUS ORGANIZATIONS AND THEIR ACTIVITIES 
 
Article 16: 
 
1. An organization shall be recognized as a religious 
organization if it meets the following conditions: 
a. It is an organization of people with the same belief, who 
follow religious rites that do not go against the nation's 
fine traditions and customs, and national interests. 
b. It has a charter outlining principles, objectives and 
activities favoring attachment to the nation and conforming 
to law. 
c. It has its activities registered and maintains long-term 
operations. 
d. It has an office, an organization and legal 
representatives. 
e. It has a name that is not identical to name of other 
religious organizations already recognized by the competent 
State management agency. 
2. Level of authorization regarding recognition of religious 
organizations. 
a. Prime Minister shall recognize the religious 
organizations with activities covering multiple provinces or 
centrally run cities. 
b. Chairman of city or provincial People's Committees shall 
recognize religious organizations with activities covering 
mostly a single province or centrally run city. 
 
3. The registration of religious activities is stipulated in 
item 1 point c of this article; the Government shall provide 
instructions on religious activities of registered religious 
organizations and on procedures for the recognition of 
religious organizations. 
 
Article 17: 
 
1. Religious organizations are entitled to establish, split, 
and merge their subordinate organizations in accordance with 
the organizations' charters and regulations. 
 
2. The establishment, split, and merger of local religious 
organizations must be approved upon by the People's 
Committees at the province and centrally government city 
level (hereinafter is referred to the People's Committee at 
the provincial level.) 
 
3. The establishment, split, and merger of religious 
organizations that do not fall into those stipulated in 
clause 2 of this article must be approved by the Prime 
Minister. 
 
Article 18: 
 
1. Conferences and congresses of local religious 
organizations shall take place after getting the approval 
from the People's Committee of the district where the event 
takes place. 
 
2. Conferences and congresses of religious organizations at 
the national level shall take place after getting the 
approval from the competent State management agency. 
 
3. Conferences and congresses of religious organizations not 
included in items 1 & 2 of this article shall take place 
after getting the approval from the People's Committee of 
the province where the event takes place. 
 
Article 19: 
 
1. Religious congregations are allowed to operate after the 
religious organization has registered with the competent 
State agency. 
 
2. The registration of a religious congregation is 
prescribed as follows: 
a. Religious congregations with activities covering one 
precinct, district, town, provincially run city shall have 
their operation registered with the People's Committee of 
the district where the congregations operate. 
b. Religious congregations with activities covering several 
precincts, districts, towns, provincially and centrally run 
cities shall have their operation registered with the 
People's Committees of the provinces where the congregations 
operate. 
c. Religious congregations with activities covering several 
provinces and centrally run cities shall have their 
operations registered with the religious management agency 
at central level. 
 
Article 20: 
 
Religious orders or similar forms of collective religious 
practice shall operate after having its operation registered 
with the competent State agency. 
 
The registration of operations of religious orders or 
similar forms of collective religious practice follow 
stipulations prescribed at item 2 of article 19 of this 
ordinance. 
 
Article 21: 
 
1. Persons who lead a religious life at places of religious 
worship do it on a voluntary basis; no coercion or 
prevention is allowed.  Adolescents who want to lead a 
religious life must obtain approval from parents or 
guardians. 
2. Upon admission of people into places of religious worship 
in order for them to lead a religious life, persons in 
charge of the places of religious worship have the 
responsibility to register such admittance with the People's 
Committee of the commune where the place of religious 
worship is located. 
Article 22: 
 
1. The bestowal of religious titles and the appointment, 
election, and nomination of religious dignitaries and 
priests shall be conducted according to charters and 
regulations of the religious organizations and must meet 
conditions mentioned at item 2 of this article.  In cases in 
which a foreign element is involved, it must obtain 
agreement in advance from the central religious management 
agency. 
 
2. The persons who receive appointments and promotions must 
meet the following conditions in order to be able to be 
recognized by the State. 
a. Be a Vietnamese citizen with good moral conduct. 
b. Possess the spirit of unity and national harmony. 
c. Seriously observe the law. 
 
3. The dismissal of religious dignitaries shall be according 
to charters or regulations of religious organizations. 
 
4. Religious organizations have the responsibility to 
register the appointment, election, and nomination of 
religious dignitaries and priests with the competent State 
management agency as well as notify the competent State 
management agency of the dismissal of dignitaries. 
 
Article 23: 
 
The transfer of religious dignitaries and priests shall be 
reported to the People's Committee of the district from 
which the dignitaries and priests are transferred, and 
registered with the People's Committee of the district to 
which the dignitaries and priests are transferred. 
 
The transfer of religious dignitaries and priests who have 
been administratively punished by decisions of the Chairman 
of the Provincial People's Committee, or those who have been 
dealt with for their violations to Criminal Law, must also 
be approved by the People's Committee of the province to 
which the dignitaries and priests are transferred according 
to Government regulations. 
 
Article 24: 
 
1. Religious organizations are allowed to open schools and 
classes to train religious dignitaries and priests. 
 
2. The opening of schools and classes to train religious 
dignitaries and priests must be approved by the Prime 
Minister. 
 
Enrollment must be conducted in a transparent manner; 
candidates apply to become students on a voluntary basis and 
be aware of the school's regulations. 
 
The subjects of Vietnamese history and laws are among the 
major subjects in the curriculum. 
 
3. The opening of classes to train religious dignitaries and 
priests must be approved by the Chairman of the People's 
Committee of the province where the class is opened. 
 
4. The Government shall issue instructions on procedures for 
the opening and dissolving of schools to train religious 
dignitaries and priests and the opening of classes to train 
religious dignitaries and priests. 
 
Article 25: 
Religious ritual festivities taking place beyond the 
enclosure of the places of worship shall observe the 
following regulations: 
 
1. Ritual festivities with participation of believers from 
one single district, precinct, town, and city must be 
approved by the People's Committee of the district where the 
festivity takes place. 
 
2. Ritual festivities with participation of believers from 
several districts, precincts, towns, and cities within one 
province, or from several provinces and centrally run cities 
must be approved by the People's Committee of the province 
where the festivity takes place. 
 
Chapter IV 
PROPERTY OF PLACES OF BELIEF & RELIGIOUS WORSHIP AND SOCIAL 
ACTIVITIES OF RELIGIOUS ORGANIZATIONS, BELIEVERS, PRIESTS, 
AND DIGNITARIES 
 
Article 26: 
 
The legal property of places of belief and religious worship 
is protected by law; any violation is forbidden. 
 
Article 27: 
 
1. Land with facilities being used by religious 
organizations including land belonging to pagodas, churches, 
oratories, chancel, monasteries, schools to train religious 
dignitaries and priests, offices of religious organizations, 
and other facilities belonging to recognized religious 
organizations shall be used in a stable and long-term basis. 
 
2. Land on which there are communal houses, temples, 
shrines, worshipping halls, family worshipping halls, shall 
be used in a stable and long-term basis. 
 
3. The land use and management prescribed in items 1 & 2 of 
this article shall be conducted according to State law on 
land. 
 
Article 28: 
 
1. Places of belief worship and religious organizations are 
entitled to raise their own financial resources from the 
voluntary support of individuals and organizations at home 
and abroad according to law. 
 
2. The organization of collections must be conducted in a 
transparent manner, with clear information about the 
intended use, and must get approval in advance from the 
People's Committee of the location where the collection 
takes place. 
 
3. The abuse of collection for the sake of personal benefits 
or illegal objectives is not allowed. 
 
Article 29: 
 
Normal religious practice must be assured at the classified 
religious worshipping places. 
 
The management, use, renovation, and upgrading of structures 
belonging to places of belief worship and religious 
organizations classified as the historical and cultural 
relics and places of scenic beauty shall be according to 
State law on cultural heritage and related laws. 
 
Article 30: 
 
The renovation, upgrading, and construction of facilities 
belonging to places of belief worship and religious 
organizations shall be conducted according to State law on 
construction. 
 
Changes in intended uses of places of belief worship must be 
approved by the People's Committee at the district level; 
changes in intended uses of places of religious worship must 
be approved by the People's Committee at the provincial 
level 
 
Article 31: 
 
The relocation of the places of belief and religious worship 
due to socio-economic demands must be discussed in advance 
with the representatives of the places of belief and 
religious worship, and compensation must be made as 
prescribed by law. 
Article 32: 
The printing and publication of bibles and books and other 
belief and religious publications, the production, business 
and import-export activities in belief and religious 
cultural articles, products used in religious practice shall 
be carried out according to law. 
 
Article 33: 
 
1. The State encourages and creates the favorable conditions 
for religious organizations to participate in taking care of 
underprivileged children; provide support to the 
establishments for the poor or marginal people, HIV/AIDS and 
leprosy patients, and patients of mental disorder; support 
the development of kindergartens and participate in other 
charitable and humanitarian activities in line with the 
religious organizations' charters and regulations and 
according to law. 
 
2. Religious dignitaries and priests with citizenship are 
encouraged by the State to organize educational, health, 
humanitarian and charitable activities as prescribed by law. 
 
 
Chapter V 
 
INTERNATIONAL ACTIVITIES OF RELIGIOUS ORGANIZATION, 
BELIEVERS, PRIESTS AND DIGNITARIES 
 
Article 34: 
 
Religious organizations, believers, priests and dignitaries 
are entitled to carry out international activities according 
to charters and regulations or canons which are in line with 
Vietnamese law. 
 
While carrying out international activities, religious 
organizations, believers, priests and dignitaries must treat 
each other fairly, exercise mutual respect for each other, 
and respect independence, sovereignty and internal affairs 
of countries. 
 
Article 35: 
 
The following international activities must be approved by 
state religious management agency at the central level. 
 
1. Inviting foreign religious organizations and individuals 
into Vietnam or implementing policies of foreign religious 
organizations in Vietnam; 
 
2. Participating in religious activities, delegating 
individuals to take part in religious training courses in 
foreign countries. 
 
Article 36: 
 
Foreign dignitaries and priests are allowed to preach at 
Vietnamese religious establishments after getting approval 
from the State religious management agency at the central 
level.  Preaching by foreign dignitaries and priests must 
follow regulations set by the Vietnamese religious 
organizations and be according to Vietnamese law. 
 
Article 37 
 
Foreigners entering Vietnam must obey Vietnamese law; they 
are allowed to bring along religious printed materials and 
other products for religious practice for personal use as 
prescribed by the Vietnamese law; are allowed to take part 
in religious activities at religious worshipping places; are 
allowed to invite Vietnamese religious dignitaries to 
conduct religious rituals for him/herself while obeying 
regulations set by the Vietnamese religious organization. 
 
 
Chapter VI 
 
IMPLEMENTATION PROVISIONS 
 
Article 38: 
 
In case the international treaties to which the Socialist 
Republic of Vietnam is a signatory or has entered into 
prescribe different stipulations as compared with this 
ordinance, the regulations prescribed by those international 
treaties prevail. 
Article 39: 
1. Religious organizations which have been recognized by the 
competent State agency before the entry into effect of this 
ordinance will not have to re-apply for recognition. 
 
2. Religious congregations, orders and other forms of 
collective religious practice which have their operations 
registered and approved before the taking into effect of 
this ordinance will not have to go through the re- 
registration procedures. 
 
Article 40: 
 
This ordinance takes effect from November 15, 2004. 
Article 41: 
 
The Government shall guide the implementation of this 
ordinance. 
 
 
Hanoi, 18th June 2004 
 
For the Standing Committee of the National Assembly 
 
Chairman 
 
(Signed, stamped) 
Nguyen Van An 
 
//End text// 
BURGHARDT