E/CN.4/1999/58/Add.2
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(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.