E/CN.4/1999/58/Add.2
page 5
10.
Lastly, there are concerns about the transposition of freedom of
religion or belief, as guaranteed by the Constitution, into other legal
provisions and, consequently, about the protection of this fundamental right
in the Vietnamese legal system as a whole.
B.
Other legal provisions and the Special Rapporteur's concerns
1.
Decrees
11.
There are two decrees that directly or indirectly relate to freedom of
religion or belief, namely, Decree No. 69/HDBT of the Council of Ministers of
21 March 1991 on the regulation of religious activities and Government
Decree No. CP/31 on administrative detention.
(a)
Decree No. 69/HDBT
12.
Articles 1 to 4 and 6 of this Decree guarantee freedom of religion and
belief and the principle of non-discrimination based on religion or belief.
The Special Rapporteur is, however, concerned about article 5, which
stipulates some very vague reservations to freedom of religion such as “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”.
Article 7 guarantees religious activities, but, like articles 70 and 4 of the
Constitution, raises some questions about the priority given to “policy lines”
and “ideological education”. While article 8 provides that certain religious
activities are not subject to government authorization, i.e. “ordinary
activities within places of worship (such as prayer meetings, ceremonies,
sermons and teaching catechism ...) in accordance with the religious customs
of the region”, it specifies that these activities, which are incidentally
rather limited, must be programmed and registered every year.
13.
All other religious activities, which are very diverse and numerous, are
subjected to the authorization of the Provincial People's Committee or of a
corresponding administrative body, or even of the Council of Ministers
(arts. 9 et seq.), including diocesan priests' retreats and retreats for
regular clergy from various orders among the Catholics, periods of meditation
and fasting for Buddhist monks (art. 9), periodic conferences, national
meetings of religious organizations (art. 10), repair or enlargement work
changing the architecture of religious buildings (art. 11), charitable
organizations, which have to operate within the guidelines of the competent
State organs (art. 16) and the opening of religious schools (art. 17).
Moreover, according to article 18, in the training schools for ecclesiastics
and monks, the authorities reserve the right to verify the quality of the
staff and monitor the teaching and ideological education.
14.
Article 14 guarantees freedom to print religious books and to produce or
import religious cultural works and objects used in worship, in accordance
with the rules established by the State concerning printing and publishing and
the production and importation of cultural works. The obligation to have
recourse to State printing houses could have the potential result of
censorship control.