US embassy cable - 04HOCHIMINHCITY1388

UNCLAS SECTION 01 OF 02 HO CHI MINH CITY 001388 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PHUM, SOCI, PREL, PGOV, KIRF, VM, HUMANR, RELFREE 
SUBJECT: GVN AND HCMC RELIGIOUS LEADERS CONSULT ON NEW LEGAL 
GUIDELINES 
 
1. (SBU) Summary and Comment: GVN officials in Ho Chi Minh City 
are in the process of consulting with the religious community in 
southern Vietnam on new draft implementation guidelines for 
Vietnam's new religious ordinance.  These officials are also 
making overtures to Vietnam's evangelical Protestant house church 
movement; at least some house church leaders are reciprocating. 
One key leader told us that house churches would be willing to 
operate under the new legal framework if the GVN modifies it to 
meet their concerns.  We understand that HCMC authorities and 
house church leaders began discussions on the implementation 
guidelines November 3, but time is short before the framework 
comes into effect on November 15.  Ultimately, what we and our 
contacts have seen so far is in draft, and there is no telling 
what the official and final version of the implementation 
regulations will look like on November 15.  Significantly, 
however, our official and "unofficial" religious contacts appear 
encouraged that the GVN is engaging in a consultative process with 
them.  End Summary. 
 
A new framework for religious practice in Vietnam? 
--------------------------------------------- ----- 
 
2. (SBU) On October 8, Nguyen Thanh Xuan, Vice-Chairman of the 
central-level Committee for Religious Affairs (CRA), along with 
representatives from the central-level Fatherland Front and the 
Ministry of Public Security, unveiled for 100 southern religious 
leaders draft implementation guidelines for the Ordinance on 
Religion.  The Ordinance and guidelines -- to be issued as a GVN 
decree -- will take effect on November 15.  According to ConGen 
contacts at the meeting, the GVN representatives said that the new 
legal framework would extend significant new freedoms to organized 
religion.  They maintained that it also would make treatment of 
religious organizations uniform across Vietnam. 
 
3. (SBU) ConGen HCMC has obtained a copy of the draft decree for 
translation and analysis and has held a series of meetings to 
gauge the reactions of recognized and non-recognized religious 
groups to the draft implementation guidelines. 
 
4. (SBU) Our religious contacts noted positively that "coercing 
citizens to give up their religions" is explicitly prohibited. 
They also welcomed the draft decree's concrete procedures for non- 
recognized religious organizations (the Protestant house church 
movement, Baptists, Mennonites and others) to regularize their 
operations and register with the Government.  According to the 
draft guidelines, once approved, registered organizations would be 
allowed to: 
 
-- organize and hold religious rites, ceremonies, and teach at the 
registered locations; 
-- elect leaders; 
-- conduct religious training for believers; 
-- repair and upgrade religious facilities; and 
-- conduct charitable or humanitarian activities. 
 
5. (SBU) Pastor Le Van Thien (strictly protect), a senior official 
of the Southern Evangelical Church of Vietnam (SECV), told us that 
the draft implementation guidelines contained several important 
improvements related to the ordination and transfer of religious 
staff.  The SECV was hopeful that the new legislation, once 
official, would facilitate the quick reopening of SECV churches in 
the Central Highlands.  (The draft decree allows in-province 
"refresher courses" to facilitate the ordination of new religious 
staff for already-recognized religious organizations such as the 
Catholic Church and the Southern Evangelical Church of Vietnam 
(SECV).  It also eases restrictions on the transfer of pastors and 
priests between provinces.) 
 
6. (SBU) The SECV said that during the October 8 meeting with GVN 
officials, Catholic, SECV and Vietnam Buddhist Sangha (VBS) -- the 
GVN-recognized Buddhist organization -- representatives pressed 
for specific language defining how and when religious institutions 
would be returned property confiscated after 1975.  At this 
meeting, Catholic and SECV representatives also criticized the 
GVN's approach on religion, saying that, in general, there was no 
need for the government to be involved in the internal affairs of 
religious organizations. 
 
7. (SBU) Our SECV contact noted that the draft decree does not 
specify punishments for officials that violate it, other than 
noting that those who violate regulations on forced conversions 
"shall be dealt with in accordance with the law."  Nor does the 
draft decree delineate what specific reasons the GVN can use to 
deny a religious group registration or recognition.  A number of 
our religious contacts also objected to the strong GVN imprint on 
religious school curriculum and new controls on the travel of 
religious officials overseas.  The SECV cited the absence of 
provisions facilitating publishing of the Bible and other 
religious works. 
 
8.  (SBU) Thich Tri Quang (strictly protect), head of the HCMC 
branch of the VBS, told the Consul General October 27 that he did 
not anticipate that the new legislation would have any impact on 
VBS activities whatsoever.  He added that the outlawed Unified 
Buddhist Church of Vietnam would not be allowed to apply for 
registration as a new religious organization after November 15, as 
the VBS charter clearly stated that it was the "sole" 
representative of all Buddhists in Vietnam. 
 
9. (SBU) In discussions on October 22 and 27, Pastor Pham Dinh 
Nhan (strictly protect), a leader of the Vietnam Evangelical 
Foundation (VEF), an umbrella organization for Vietnam's 
Protestant house church movement, told us that there were a number 
of positive elements in the draft implementation guidelines.  He 
said that, after a review of the draft decree and meetings with 
senior GVN officials in Hanoi and HCMC in late September and early 
October, he and his colleagues were prepared to begin a dialogue 
with the Committee for Religious Affairs. 
 
10. (SBU) Nhan said that, if the VEF's concerns were met, it would 
be willing to register its operations and operate within the new 
legal framework.  Nhan acknowledged that this marks a major shift 
in the VEF's approach: during a trip of VEF leaders to Hanoi in 
late September, the VEF had declined to meet with the CRA despite 
repeated requests from CRA and other GVN officials. 
 
11. (SBU) Nhan said his biggest concern was that, at this point, 
the draft decree allows registered organizations to operate only 
from defined places of worship.  However, the very nature of 
Vietnam's house church movement means that it owns or controls few 
structures large enough to convert into permanent churches.  The 
VEF also is concerned that permitted activities for registered 
religious organizations are overly restrictive.  In particular, 
the VEF maintains that registered organizations must be allowed to 
ordain pastors and build new churches. 
 
View from the HCMC CRA 
---------------------- 
 
12. (SBU) On October 28, HCMC CRA Chairman Nguyen Ngoc San 
stressed to us that the draft implementation guidelines as they 
stand are a significant softening of controls on religion.  He 
welcomed dialogue with house church leaders, but noted that his 
previous calls to Pastor Nhan and other VEF leaders had gone 
unanswered; however, at our urging, he said he would try again. 
He warned that there was little time left for the VEF and other 
non-recognized house church groups to meet with the CRA before the 
final decree was published.  San also noted that the GVN was 
"insulted" that VEF leaders had circulated a letter to the 
international community in September criticizing the new Ordinance 
on Religion but had not responded to CRA "efforts" to meet with 
them prior to issuing the communique.  He added that "if the house 
church movement was more patient and more respectful, they would 
get more sympathy and understanding" from the GVN. 
 
13. (SBU) San admitted that there were still a number of important 
gaps and imprecisions in the draft legislation.  In particular, 
how the GVN would deal with the house church movement after 
November 15 was a "major headache."  The CRA also needs to 
determine the numerical threshold at which an organization would 
have a sufficient number of believers to register.  For example, 
Mormons only had "tens" of believers in HCMC, insufficient 
critical mass, in San's view, to merit registration.  He did not 
specify if the Mormons or other groups would be allowed to 
continue to practice their faith until they reached critical mass. 
 
Comment 
------- 
 
14. (SBU) All of our contacts recognized that the regulations are 
still in draft and that there is no telling what the final version 
of the implementing regulations will look like.  Post also will 
defer commenting on the regulations until we have seen the final 
product.  That said, the GVN's process of consultation with 
recognized religious organizations on the draft implementation 
guidelines and its overtures to the house church movement are 
encouraging.  Equally, the change in tone from members of the 
Protestant community -- many of whom criticized the Ordinance, 
insisting that the GVN has no role in religious affairs -- 
suggests they see the Ordinance on Religion and the draft 
implementation guidelines as a good faith effort to meet some of 
their concerns. 
 
WINNICK