US embassy cable - 05HOCHIMINHCITY288

UNCLAS SECTION 01 OF 02 HO CHI MINH CITY 000288 
 
SIPDIS 
 
SENSITIVE 
 
DEPARTMENT FOR EAP/BCLTV, DRL/IRF 
 
E.O. 12958: N/A 
TAGS: PHUM, SOCI, PREL, PGOV, KIRF, VM, ETMIN, HUMANR, RELFREE 
SUBJECT: LOCAL VIEWS OF GVN DECREE ON RELIGION 
 
REF:  A) HCMC 238  B) HANOI 580  C) HANOI 392  D) HCMC 191 and 
previous 
 
1.  (SBU) Summary:  Following the issuance of the Implementation 
Decree for the Ordinance on Religion and Belief (reftels), we 
discussed its implications for the officially recognized Southern 
Evangelical Church of Vietnam (SECV) and the members of the 
unrecognized Protestant house church movement.  Leaders of the 
house church movement were skeptical; they believed that the 
Decree was issued only to mitigate U.S. pressure and did not 
sufficiently ease tight GVN control over religion.  That said, 
they acknowledged that if Hanoi ensures uniform and fair 
implementation, the Decree would represent a significant step 
forward.  Representatives of the SECV welcomed the Decree in so 
much as it appeared to facilitate registration of hundreds of its 
house churches in the Central Highlands, but were extremely 
disappointed that the Decree did not have any provisions for the 
return of expropriated church property.   We encouraged the 
leaders of both groups to intensify their dialogue with 
responsible local and GVN officials and to develop plans for 
adjusting to the GVN's new framework on religion.  End Summary. 
 
Reaction from the House Church Movement 
--------------------------------------- 
 
2. (SBU) Pastors Pham Dinh Nhan, Nguyen Ngoc Hien and Doan Trung 
Tin (all strictly protect), senior leaders of the house church 
movement, told us that they were disappointed that the 
Implementation Decree, issued on March 1, was not as forward- 
leaning as the Prime Minister's Instruction on Protestantism, 
which was issued on February 4.  They said that officials within 
the Ministry of Public Security (MPS) and the central-level 
Committee for Religious Affairs (CRA) recently had explained that 
the Decree was a compromise document that reflected the tougher 
approach toward Protestantism among authorities in the Northwest 
and Central Highlands.  An MPS officer reportedly told them that 
provincial leaders of the Northwest and Central Highlands had 
voted as a bloc against the October 2004 draft of the Decree. 
This MPS official indicated that many of the provincial leaders in 
those two regions remain opposed to the final Decree's more 
"liberal" provisions. 
 
3. (SBU) The pastors said they were convinced that Hanoi had 
issued the Decree and the PM's Instruction to deflect U.S. 
pressure with the CPC deadline looming. They were skeptical that 
the GVN would implement the new religious framework fairly without 
continued USG pressure.  After examining the Decree's provisions 
in detail, however, the three house church leaders became more 
positive.  They acknowledged that the Decree does appear to allow 
for rapid registration of house churches.  The pastors said it was 
positive that the Decree does not explicitly preclude any person 
who has a prior criminal record of becoming the leader of a 
religious organization and applying for registration.  However, 
while they initially welcomed the opportunity to register umbrella 
organizations - such as Pastor Nhan's Vietnam Evangelical 
Fellowship - further analysis made the pastors skeptical of the 
vague language used in the Decree. 
 
4. (SBU) Most problematic for the pastors were provisions in the 
decree governing the transition from a registered to recognized 
church.  They were concerned that house churches would not be able 
to document many years of "stable operation in Vietnam," as 
required under the Decree to reduce the wait between registration 
and recognition.  Unless local authorities are generous in their 
interpretation, they fear churches will be forced to wait 20 years 
to petition for recognition, the maximum stipulated under the 
Decree.  Taken together with provisions limiting the ability of 
registered churches to appoint clergy, this could be a de facto 
restriction on the growth of the house church movement.  Pastors 
Nhan and Tin worried that tight GVN oversight over their 
international activities may limit their outside contact.  Pastor 
Hien noted, however, that the SECV already operates with GVN 
oversight of its foreign activities without undue burden.  They 
also were disappointed that the Decree did not reference the PM's 
Instruction on Protestantism, as they felt the Instruction was a 
far more positive and forward-leaning document. 
 
5. (SBU) Pastor Tin told us that he had met recently with MPS 
officials in Hanoi to discuss the Decree and his ongoing contact 
with USG officials.  The MPS officer reportedly had reassured him 
that the GVN understands that local jurisdictions need to be 
issued detailed instructions on how to implement the decree. 
These instructions, as well as the new paperwork required for 
registration and recognition, are to be disseminated by the end of 
the month, the MPS official reportedly said. 
 
A Tougher Public Line 
--------------------- 
 
6. (SBU) In a March 13 interview with Radio Free Asia, Pastor Nhan 
took a more negative view of the Decree, complaining that the new 
legal framework imposes tighter control on Vietnam's house 
churches and interferes far too much in the internal affairs of 
Vietnam's religious communities.  He asserted that the Decree 
would impose a 20-year wait for house churches seeking full GVN 
recognition and did not mention that the Decree held open the 
possibility that for many Protestant organizations the wait could 
be reduced substantially.   We contacted Nhan about his interview 
on March 14.  He explained that as a senior leader of the Vietnam 
Evangelical Fellowship, he felt obligated to reflect all the views 
of the various house churches within his umbrella organization. 
 
The SECV 
-------- 
 
7. (SBU) The SECV General Secretary Le Van Thien (strictly 
protect) generally welcomed the Decree as a step forward.  He was 
particularly pleased with provisions that appear to allow it to 
legalize all its churches in the Central Highlands at once, 
instead of one-by-one as in the past.  By eliminating numerical 
restrictions on the number of worshipers a congregation must have, 
the Decree will facilitate the SECV's ability to form new 
congregations. 
 
8. (SBU) The SECV leaders told us that they were perturbed that 
the final version of the Decree had dropped language present in 
the October draft that would create a legal mechanism for churches 
to reclaim expropriated property.  Nonetheless, the SECV plans to 
move forward with a request to the GVN to return 217 properties 
that were taken in the years immediately after reunification.  The 
SECV leaders also complained that the Decree provided no guidance 
on how to regulate the donation of property to the Church. 
 
9. (SBU) The SECV leaders bemoaned that Article 16 of the decree 
maintains the GVN's tight control over the ordination and 
appointment of ministers (and priests).  Both the SECV and house 
church leaders complained that Article 27 of the Decree appears to 
require that all religious teaching outside of registered 
facilities must be pre-approved by local authorities.  The leaders 
feared that this could become a sore point between the Protestant 
community and Vietnamese officials as religious teaching is common 
at Protestant gatherings such as weddings and birthday parties 
which are celebrated at an individual's house or at a restaurant 
or public hall. 
 
10. (SBU) The SECV leaders believe that the Decree's management of 
international relations is also too cumbersome, particularly the 
requirement that it clear any international travel or foreign 
participation in domestic SECV functions at least 30 days in 
advance.  Such a long lead-time often is impossible to manage. 
 
11. (SBU) Comment:  Despite their deep distrust of the GVN, 
Vietnam's house church leaders say they are ready to test the 
provisions of Vietnam's new legal framework on religion.  They are 
hopeful that the Decree will lead to normalization of their 
churches' status.  In our discussions, we stressed that the USG 
will continue to strive to advance religious freedom in Vietnam. 
However, we urged our church contacts to study the new Decree 
carefully and to begin to develop a comprehensive strategy for 
registration and recognition.  We urged them to intensify their 
contacts with MPS and CRA officials, which they themselves 
acknowledge are becoming more regular and productive.  Finally, we 
suggested that the Decree, the PM's Instruction and the Ordinance 
taken together constitute a new legal framework for religion. 
Therefore, hiring expertise within Vietnam's legal community and 
with retired, but still influential, former CRA members, may help 
them chart the best course forward.  End Comment. 
 
WINNICK