US embassy cable - 05HANOI644

UNCLAS HANOI 000644 
 
SIPDIS 
 
 
SENSITIVE 
 
STATE FOR EAP/BCLTV AND DRL/IRF 
 
E.O. 12958: N/A 
TAGS: PHUM, KIRF, PGOV, VM, HUMANR, RELFREE 
SUBJECT: GVN EXPLAINS NEW RELIGION DECREE 
 
Reftels: A) Hanoi 580, B) 04 Hanoi 2009 
 
1. (U) Nguyen Khac Huy, Acting Director of the Legal Office 
of the Committee for Religious Affairs (CRA), met with 
Poloff and Political Assistant on March 14 to give an 
official view of the Implementing Decree for the Ordinance 
on Religion (Reftels).  The Decree is aimed at devolving 
decision making to local authorities and lower levels of the 
central government as well as making decisions more 
transparent.  Under the Decree, "no response" from 
authorities to a religious group's registration request will 
be treated as an affirmative response, Huy indicated. End 
Summary 
 
2. (U) CRA Acting Legal Office Director Huy told us March 14 
that the Decree is part of a broad trend in Vietnam to 
devolve authority to local authorities and lower levels of 
the central government.  The CRA plans to hold a conference 
before the end of March for provincial level authorities and 
members of other ministries to disseminate information about 
the new Decree.  At the conference, the CRA will provide 
"formats" for the paperwork required to register religious 
denominations, congregations and functions, although 
creation of the actual forms will be left to lower level 
authorities.  The CRA intends for this conference to be 
replicated at the provincial level to pass information about 
the Decree to districts and communes nationwide.  Asked if 
there were any concerns about the capacity of some local 
officials to understand and implement the Decree, Huy 
responded only that the CRA makes resources available for 
them to find out about the law.  The Decree does not provide 
for the appeal of decisions made by local officials.  Such 
appeals could be made through the court system, Huy 
explained. 
 
3. (U) The Decree makes no fundamental changes in the 
situation for religious believers in Vietnam as "freedom of 
religion already exists here," Huy asserted.  Procedurally, 
however, it will make the process of registering and seeking 
approval for actions by practitioners more transparent.  If 
authorities fail to respond to an application by 
practitioners, it will be assumed that the application is 
accepted.  (Note:  Our reading of the Decree is that this is 
true for many types of applications, including registering a 
congregation, bestowing religious titles and holding 
religious conferences, but not all.  Notable exceptions 
include recognizing a new organization and establishing a 
religious school.  End note.) 
 
4. (U) Describing the process of drafting the Decree, Huy 
simply stated that the CRA drafted it in consultation with 
other sections of the Government and religious leaders, as 
required by law.  (Note:  Huy is reportedly the actual 
drafter of the Decree.  End note.)  The CRA held three 
sessions with religious leaders to discuss a first draft of 
the Decree and also read the comments of Catholic 
theologians in a Church publication.  Huy did not respond 
when asked if any ideas proposed by religious leaders had 
been incorporated in the final document.  There were no 
disputes in the drafting of the Decree, and the late release 
of the document was simply a result of the the drafters' 
desire to make sure that the Decree does not "run counter to 
the spirit of the Ordinance of Religion," Huy claimed 
 
5. (SBU) Comment:  Though the authoritative source on the 
new Decree, Huy was at times less forthcoming with us than 
other Embassy contacts at the CRA.  Practitioners, on the 
other hand, have been vocal in their views, reported septel. 
We will seek further readout from the CRA as plans for 
disseminating information on the Decree and putting it into 
action are carried out.  End Comment. 
MARINE 
 
 
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