E/CN.4/1999/58/Add.2 page 9 29. When told of the Special Rapporteur’s concerns about constitutional and other legal and statutory provisions and provisions of international law (including the International Covenant on Civil and Political Rights and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief), the Deputy Director of the Ministry of Justice stated that the Vietnamese legal system gave priority to international law whenever domestic provisions were contrary to international standards or were lacking. 30. Replying to a question by the Special Rapporteur on the compatibility between international standards guaranteeing rights and Vietnamese legal machinery, which established the principle of authorization in respect of those rights, the representative of the Ministry of Justice said that Viet Nam was studying the question whether to retain the principle of authorization or to establish the principle of a simple declaration and was conducting the appropriate reviews aimed at bringing domestic legislation into line with international legislation if necessary. He noted that the National Assembly was studying the question whether to prepare an order relating to religion and that United Nations technical assistance would be appreciated. 31. In reply to the Special Rapporteur’s questions about the use in Vietnamese legislation of vague and extendable concepts granting excessive discretionary powers to law enforcement officials, the Deputy Minister of Public Safety explained that the legislation clearly provided for freedom of religion and belief and stressed that the law had to be respected by all, including the police. In particular, he considered that the provisions of the Penal Code, especially article 73, were sufficiently clear. 32. The representatives of the Institute of Research into Religion said that the Constitution clearly guaranteed freedom of religion and was consistent with international law, although they did say that some articles might be amended. II. POLICY IN THE FIELD OF TOLERANCE AND NON-DISCRIMINATION BASED ON RELIGION OR BELIEF A. Non-governmental information 33. According to information transmitted to the Special Rapporteur by non-governmental organizations before and during his visit, Viet Nam’s religious policy has undergone changes since 1990. The radical changes in the world order resulting from the end of the cold war and the fall of the Berlin Wall, together with globalization, have induced the authorities to become more open in an effort to maintain their hold on power. This open attitude has primarily been found in the economic area, but has also had repercussions on religious policy in Viet Nam. From the standpoint of domestic law, the Communist Party has recognized the “utilitarian value” of religion and has decided to incorporate religion into State policy. The Seventh Party Congress stated that “Most people have a spiritual need for religions and beliefs; this need will persist for a long time to come”; and that “there are a number of aspects to religious teachings which are particularly useful for building a new society”.

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