E/CN.4/1999/58/Add.2 page 27 (ii) (iii) (iv) Directive No. 379/TTg uses vague expressions such as “exploiting religion” and “those who slander or deform the truth will be severely punished”; The Penal Code establishes severe penalties for particularly vague offences: article 73. Activities aimed at overturning the people's power: article 74. Espionage: article 81. Undermining of national unity: article 82. Propaganda against the socialist system: article 198. Disturbing the peace: article 199. Exercise of superstitious practices: article 205a. Abuse of democratic rights: article 215. Violation of the regulations governing the publication and distribution of books, newspapers and other printed matter; These extremely vague provisions make it possible to punish manifestations of freedom of religion or belief that are in conformity with international law. Thus, Decree No. CP/31 allows administrative detention, without a court decision, of anyone who commits an offence against “national security”. The Special Rapporteur endorses, in particular, the recommendations of the Working Group on Arbitrary Detention (E/CN.4/1995/31/Add.4 of 18 January 1995): “With regard to the section of the Penal Code on offences against national security, and in particular article 73, the Working Group suggests that amendments be made to define clearly the conduct to be punished, so as to indicate what is prohibited without any ambiguity” (para. 77). (e) The Directive of 2 July 1998 explicitly makes religion an instrument of propaganda and mobilization of the people, by the Communist Party and the authorities, in favour of the policy of the State, the economic, cultural and social development effort, the mission of national defence and security and the building of a new society. Decree No. 69/HDBT prohibits any opposition to ideological education on the part of individuals and religious organizations. Religion appears as an instrument of policy rather than a component of society, free to develop as it wishes, something which is ultimately contrary to freedom of religion or belief as governed by international law. 108. While acknowledging some very limited, but noteworthy, progress in the legal sphere, the Special Rapporteur recommends that, in order to guarantee that progress fully and completely and, especially, to extend it to all manifestations of freedom of religion and belief, the problematical provisions analysed above should be revised. 109. As the Minister of Justice stated, Viet Nam is conducting the appropriate verifications to ensure conformity of domestic law with international law. He pointed out that the National Assembly was considering the preparation of an order relating to religion and said that technical assistance from the Human Rights Committee would be appreciated.

Select target paragraph3