E/CN.4/1999/58/Add.2
page 26
permission from the authorities, at a high level of Government (Council of
Ministers); this provision appears to be contrary to the principle of the
religious communities' freedom to organize;
(b)
Decree No. 69/HDBT, Directive No. 379/TTg and Directive
No. 500 HD/TGCP give the authorities excessive direct control over the
activities of religious congregations: permission from the authorities for
very diverse and numerous activities (Directive No. 500 HD/TGCP and Directive
No. 379/TTg), including religious retreats and meditation periods (art. 9 of
Directive No. 69/HDBT), religious organizations' periodic congresses and
national meetings (art. 10 of Directive No. 69/HDBT), the ordination of
priests and bonzes and the appointment of religious and secular leaders
(arts. 19 and 20 of Directive No. 69/HDBT, Directive No. 500 HD/TGCP and
Directive No. 379/TTg), relations between Vietnamese clergy and their
counterparts abroad (arts. 23 et seq. of Directive No. 69/HDBT, Directive
No. 500 HD/TGCP), places of worship (placed under State auspices and opened,
repaired or enlarged subject to permission from the authorities with no
specification of the criteria which the request must meet: arts. 11 and 12 of
Directive No. 69/HDBT, Directive No. 379/TTg) and training schools (which are
also opened on the basis of permission from the Council of Ministers, although
the criteria which the request must meet are not defined: art. 17 of
Directive No. 69/HDBT).
(c)
The above-mentioned texts also provide the authorities with
indirect control over religious matters. Certain religious activities which
are not subject to governmental authorization (ordinary activities within
places of worship: art. 8 of Decree No. 69/HDBT) in fact must be programmed
and registered every year, and this constitutes a form of monitoring and
indirect permission from the authorities. The same applies to freedom to
print religious books: although recognized (art. 14 of Directive No. 69/HDBT,
Directive No. 379/TTg), the fact that the books are published by State
printing houses (Directive No. 500 HD/TGCP) enables the authorities to
exercise control and even a form of censorship (Directive No. 379/TTg
explicitly indicates this). It would therefore be useful to know whether
the establishment of a printing house and the publication of a journal on
religious matters, as stipulated in the Directive of 2 July 1998, will be
governed by the same principles or whether there will be full freedom both for
the establishment of private printing houses by the religious communities and
for the publication and distribution of writings on religious matters.
(d)
Several provisions are vague and imprecise and therefore liable
to permit interference by the authorities, by granting them excessive
discretionary powers, in religious matters, including arrest, detention and
imprisonment for religious activities that are in full conformity with
international law. The following are the problematical provisions:
(i)
Article 5 of Decree No. 69/HDBT, a vague and “catch-all”
provision: “any activity using religion to sabotage
national independence, oppose the State, sabotage the policy
of uniting the whole people, undermine the healthy culture
of our nation or prevent the faithful from carrying out
their civic duties”;