3. The State of Vietnam Consistently Guarantees and Respects its Citizens’ Right to Freedom of Belief and Religion

3.1. State Policies in Basic Laws Related to Belief and Religion

The August Revolution achieved success in 1945. In 1946, the first Constitution of the Democratic Republic of Vietnam affirmed The right to freedom of belief as one of five major citizen rights (These rights appear in Article 10, Chapter II, “Fundamental Rights and Obligations of Citizens", and are defined as "the right of freedom to discuss, freedom to publish, freedom to organize and assemble, the freedom of belief, and the freedom to travel inside and outside the country"). The 1946 Constitution created a legal foundation for implementing policies on religion through this article declaring respect for the citizens’ right to freedom of belief.

On 31 December 1959, the National Assembly of the Democratic Republic of Vietnam approved the 1959 Constitution with this clear statement in Article 26 of Chapter III, “Fundamental Rights and Obligations of Citizens”: “Citizens of the Democratic Republic of Vietnam have the right to freedom of belief and to follow or not to follow a religion". Building on the 1959 Constitution, the 1980 Constitution of the Socialist Republic of Vietnam added to the previous text with Article 68, Chapter V, “Fundamental Rights and Obligations of Citizens". This article noted: “Citizens have the right to freedom of belief and to follow or not to follow any religion. No one is allowed to take advantage of religion in order to act against the laws and policies of the State".

After the Party’s resolutions regarding religious affairs in the context of the Reform and Renewal, the State’s legal documents and procedures institutionalized new thinking in terms of religion. Most important of all is the 1992 Constitution, which built on the Constitutions from 1946, 1959, and 1980 to implement the State of Vietnam’s Renewal thinking regarding religion. The 1992 Constitution affirms in Article 70 of Chapter V, (Fundamental Rights and Obligations of Citizens): “Citizens have the right to freedom of belief and religion, to follow or not to follow any religion. All religions are equal before the law. Places of worship belonging to beliefs and religions are protected by the law. No one is allowed to encroach on the freedom of belief and religion or to take advantage of belief or religion in order to abuse the laws and policies of the State".

3.2. Provisions in Former Normative Legal Documents Regarding Belief-related and Religious Activities

In addition to affirming its fundamental principles about religion in the Constitution, the State of Vietnam institutionalized the right to freedom of belief and religion in legal documents and procedures guiding and governing religious affairs. On 14 June 1955, President Hồ Chí Minh signed and promulgated Order No. 234/SL, “Order of the Government of the Democratic Republic of Vietnam regarding Religion". Its first chapter, “Guarantee of the Right to Freedom of Belief", stated:

- “The Government guarantees the right to freedom of belief and freedom to worship of its citizens. No one is permitted to violate this right. Each Vietnamese has the right to follow or not to follow any religion.

Members of religious orders have the freedom to preach at religious establishments (such as churches, pagodas, monasteries, religious schools, etc.).

When preaching and disseminating religion, leaders of religious communities have the duty to educate their followers in patriotism, the duties of citizens, and the importance of respecting the democratic and legal authority of the Democratic Republic of Vietnam.

- Members of religious orders and followers are equally entitled to each right of a citizen and must fulfill each duty of a citizen.

- Foreigners who are members of religious orders and who receive permission from the Government of the Democratic Republic of Vietnam may preach, just like Vietnamese members of religious orders; they must abide by the laws of the Democratic Republic of Vietnam, just like other foreigners.

- Religious organizations may publish and distribute documents and books with religious content, but they must abide by the publishing laws of the Government of the Democratic Republic of Vietnam.

- Religious organizations may open schools to train their own religious professionals.

- Churches, ancestral temples, pagodas, shrines, temples, religious objects used in worship, and religious-training schools are all protected by the law.

- The law will punish anyone who: takes advantage of religion in order to undermine peace, unity, independence, and democracy; advocates war or destruction of national unity; prevents believers from fulfilling their duties as citizens; encroaches upon the freedom of belief and the freedom of thought of other people; or carries out illegal activities".

Based on the general principles noted above, Order No. 234 provided detailed regulations regarding: Economic, cultural, and social activities of religions; the land belonging to religions; and the relationship between local-level government and religions.

Order No. 234 remained in effect until the South was liberated and the country was reunited. On 11 November 1977, the Government Council replaced Order No. 234 with Resolution No. 297/CP, “Some Policies on Religion". Building on Order No. 234, Resolution No. 297 defined five clear principles in Government policies on religion, as follows:

- “The Government guarantees the citizens’ right to freedom of belief and the right to freedom not to [follow] any belief.

- Members of religious orders and religious followers are all entitled to every citizen’s rights and must fulfill each duty of a citizen.

- Religious organizations and every citizen, whether a religious follower or not, are equal before the law.

- Religious groups must abide by the Constitution, laws, guidelines, policies, and regulations of the State in every area of their activities.

- Anyone taking advantage of religion to undermine the independence of the Homeland, to oppose the system of socialism, to undermine the great national unity of all the people, to prevent followers from fulfilling their duties as citizens, or to oppose the policies and laws of the State will be punished according to the law".

From the five principles cited above, Resolution No. 297 detailed a number of specific policies on religious activities by leaders and members of religious orders regarding training, appointments, and the transfer of staff carrying out religious activities. In particular, Resolution No. 297 clearly set out the responsibilities of the authorities at different levels in guaranteeing full implementation of the people’s right to freedom of belief.

On 21 March 1991, the Government issued Decree No. 69/HĐBT, "On Religious Activities", and then later on 19 April 1999 issued Decree No. 26/NĐ-CP, “On Religious Activities", to define religious activities within a legal framework.

Decree No. 69 and Decree No. 26 affirm principles for religious policies during the period of Reform and Renewal as follows:

- “The State guarantees the right to freedom of belief and religion and the freedom and the right not to have a belief or a religion and forbids any discrimination for reasons of belief or religion.

- Citizens who follow a religion or who do not follow a religion are equal before the law and are entitled to every right of citizens and are responsible to implement each duty of citizens.

- Religious followers must abide by the Constitution and the laws of the State of the Socialist Republic of Vietnam.

- Religious activities for the legal and legitimate interests of believers are protected.

- The following are forbidden and will be punished according to the law: Every action that violates the right to freedom of belief and religion; that takes advantage of belief or religion to oppose the State of the Socialist Republic of Vietnam; that hinders believers in their duties as citizens; that undermines the cause of national unity of all the people; that weakens the nation’s wholesome culture; as well as any activities that are superstitious".

In this way, Decree No. 69 and Decree No. 26 consistently express the position of the State of Vietnam regarding religion: The State respects and guarantees the citizens’ need for activities linked to belief and religion; encourages religious activities for the interest of the Homeland and the people; and prohibits and will punish according to the law any actions that take advantage of religion for destructive purposes.