Hanoi, 19 April 1999

The Government,

In view of Article 70 of the Constitution of the Socialist Republic of Vietnam,

In view of the law of government organisation of 30 September 1992,

In order to assure freedom of religious belief, to create the conditions permitting activities of those religious organisations which conform to the law,

On the proposal of the Bureau of Religious Affairs of the government,

decrees:

Article 1 [Religious guarantee]

The State of the Socialist Republic of Vietnam guarantees freedom of belief and of religion as well as the freedom not to believe and not to adhere to a religion. All discrimination for reason of belief or religion is strictly prohibited.

Article 2 [Rights and responsibilities]

Citizens, whether they adhere or not to a religion, are equal under the law. They benefit from all the civic rights and assume the obligations of meeting their civic responsibilities.

Article 3 [Conformance to law]

Religious activities shall conform to the law of the State of the Socialist Republic of Vietnam.

Article 4 [Encourage certain religious activities]

Religious activities carried out in the interests of the faithful, when legitimate and conforming to the law, are protected.
Religious activities carried out in the interests of the nation and of the people are encouraged.

Article 5 [Certain religious activities punished]

All activities which threaten freedom of religious belief, all activities using religious belief in order to oppose the State of the Socialist Republic of Vietnam, to prevent the believers from carrying out their civic responsibilities, to sabotage the unity of all the people, to harm the healthy culture of our nation, as well as superstitious activities, shall be punished in conformity with the law.

Article 6 [Principle of freedom of religion]

All citizens benefit from the freedom to adhere or not to adhere to a religion, to renounce it or change it.

Article 7 [Religion not to be used to oppose the law; Superstition]

1) The faithful have the right to carry out those religious activities which are not contrary to the policy and law of the State. They have the right to practice rites of offering and to recite prayers within the family. They can participate in religious activities, study catechism and morality, assist in religious ceremonies within the place of worship.

2) It is forbidden for the faithful to use faith and religion in order to oppose the law. It is forbidden to practice superstitious activities.

Article 8 [Certain religious organisations authorised; Fundraising]

1) Religious organisations whose ideals of life, the goals, religious orientations and rules of the organisation, conform to the law and which are authorised by the government's Bureau of Religious Affairs to enter into activities, are protected by the law.

2) Religious activities within the places of worship (prayer sessions, celebration of ceremonies, preaching, religious instruction), registered each year, and carried out inside the places of worship, do not require permission.

3) Religious activities outside the places of worship, or not registered in the annual program, shall obtain authorisation of the appropriate organs of the State.

4) Religious organisations can raise money from the voluntary support of individuals, of associations, or of other legal sources of revenue. In order to organise a fund raising campaign, it is necessary to receive authorisation of the president of the provincial People's Committee. One cannot oblige the faithful to make financial contributions.

5) Religious organisations which carry out activities counter to the principles, to the goals, the religious orientation and the structures authorised by the Prime Minister, shall cease to function. Individuals responsible for these violations shall be punished under the law.

Article 9 [Retreats, meditation etc. subject to control]

The retreats of priests in the dioceses, of monks and nuns from the various establishments and congregations of the Catholic religion, the sessions of spiritual perfection of the pastors and the sessions of evangelisation for Protestantism, the periods of meditation of the youth for the Buddhist religion, as well as analogous religious activities of other religions, shall be subject to the regulations of the State organs of management of the religious domain, at the provincial level.

Article 10 [Congresses and assemblies subject to authorisation]

1) Congresses and assemblies of religious organisations at the national level, covering several provinces or cities dependent directly on the central power, shall obtain authorisation of the Prime Minister.

2) Congresses and assemblies of religious associations of various regional levels shall obtain the authorisation of the president of the provincial people's committee.

Article 11 [Properties given are not returned]

1) The State protects the places of worship of religious organisations.

2) Religious organisations are responsible for the maintenance and repair of the places of worship.

3) Buildings, land and other properties passed on by organisations, individuals, or churches to the organs of the State for them to manage or use in application of the policies of the government of the Democratic Republic of Vietnam, of the Provisional Revolutionary Government of South Vietnam, or of the government of the Socialist Republic of Vietnam, or given to the State, are now the property of the Socialist Republic of Vietnam.

Article 12 [Repairs, constructions, restorations must be authorised]

1) Repairs and constructions on establishments classified as historic or cultural monuments, or noteworthy sites, shall conform to the rules of the Order for the protection and utilisation of historic and cultural monuments, of 31 March 1984.

2) Restorations and repairs of minor importance which do not transform the general disposition and architecture of places of worship organised by these places, can commence after informing the president of the provincial people's committee.

3) Repairs of large scope changing the general disposition and architecture of a place of worship, restorations of a religious building in ruins, destroyed by the war, by a natural calamity, or an accident, and creations of a place or object of worship (building, statue, stele, tower, and all things intended for worship) shall receive authorisation from the president of the people's provincial committee.

4) The organisation of a campaign intended to raise finances for the construction or repair of a place of worship shall obtain authorisation from the president of the people's provincial committee.

Article 13 [Religious practice under Order]

The ordinary practice of religion is guaranteed within the establishments of religion classified under the prescriptions of the Order for the protection and utilisation of historic, cultural or noteworthy monuments, of 31 March 1984.

Article 14 [Control of religious publications]

1) The printing and publication of prayers, of books, of religious publications, the production, the sale of, the export and import of cultural religious products, of objects of religion, is under the regulation of the State in matters of printing, publishing, of production, of management of export-import enterprises of cultural products and merchandise.

2) It is prohibited to print, to publish, to sell, to circulate, or to possess publications and cultural products whose contents oppose the State of the Socialist Republic of Vietnam, cause religious division, cause ethnic division, cause the loss of the unity in the people.

Article 15 [Rights, including rewards; Obligation to mobilise followers]

1) Clergy and religious officials have the following rights: - exercise the duties and religious functions within the framework of the responsibilities that the competent State organs have recognised. - benefit from the appreciation and rewards from the State for their merits and contributions to the work of national unity, to the building and defense of the Nation. - enjoy the political, economic, cultural and social benefits of citizens.

2) Clergy and religious officials have the following obligations: - exercise correctly their duties and their religious functions within the framework of the responsibilities that the competent State organs have recognised. They are responsible under the law for all religious activities carried out in the exercise of these functions. - mobilise the faithful to submit rigorously to policies and laws of the State.

Article 16 [Persons falsely using religious title; Role of state-controlled churches]

A person who falsely uses the title of clergy is liable to administrative sanction or criminal prosecution. A person serving a prison sentence, or under administrative detention, cannot exercise religious duties or office. The return to the religious duties and office of such persons is to be proposed by the religious organisation in charge of these persons and shall obtain the approval of the responsible State management organ.

Article 17 [Economic, cultural, social, and charitable activities]

1) Clergy and religious officials can carry out economic, cultural and social activities as all other citizens.

2) Clergy, religious officials, and religious organisations shall submit their charitable activities to the prescriptions of the State. Charitable organisations of the clergy, of religious officials or of religious organisations shall submit their activities to the leadership of responsible State organs.

Article 18 [Seminaries]

1) The opening of the seminaries for clergy and religious officials shall be authorised by the Prime Minister.

2) The structure and activities of seminaries shall conform to the prescriptions of the Bureau of Religious Affairs of the government and of the Minister of Education and Formation.

3) Seminaries shall apply the regulations, the policies, and the law of the State and shall submit to the direction, control and inspection of the responsible organs of the State, as well as of the people's provincial committee.

Article 19 [Congregation; Admittance]

1) Congregations (and other analogous forms of associations of collective religious life) shall request and obtain the authorisation of responsible State organs to function.

2) The admittance of persons desiring to enter into the religious life shall conform to the prescriptions of the Bureau of Religious Affairs of the government.

Article 20 [Ordination under State control]

1) The ordination of those who carry the title of Most Venerable ["Hoa Thuong"] in the Buddhist religion, of cardinals, bishops, administrators in the Catholic Church, and of dignitaries of equivalent function of other religions, shall require the approval of the Prime Minister.

2) The ordination of the clergy and officials, not in categories cited in paragraph 1, shall require the approval of the president of the provincial people's committee.

Article 21 [Nomination and transfer under State control]

The nomination and transfer of clergy, religious and specialists in religious activities, including those voted by the religion's followers shall require the approval of the peoples committee whose administrative management covers the territory of their activities.

Article 22 [Directives from overseas]

1) Religious organisations and officials shall inform the Bureau of Religious Affairs of directives they receive from abroad and apply these directives in accordance to the approval from the Bureau.

2) Clergy and religious officials, in order to be consecrated, ordained, and named by an organisation or a religious official from overseas, shall require the approval of the Prime Minister.

Article 23 [Activities abroad]

The activities abroad of religious organisations and persons shall conform to the law and the foreign policy of the Socialist Republic of Vietnam, on the foundation of independence, national sovereignty, and in view of the peace, normalisation, collaboration and of friendship.

Article 24 [Invitations to, and participation in, overseas churches]

1) Religious organisations and officials, in order to invite to Vietnam religious organisations and officials from abroad, shall seek the authorisation of the Bureau of Religious Affairs.

2) Religious organisations and persons participating as members of religious organisations situated abroad, or participating in religious activities (or related to religion) in a foreign country, shall conform to the prescriptions of the Bureau of Religious Affairs of the government.

Article 25 [Foreigners' rights and obligations]

1) Foreigners residing legally in Vietnam can practice religious activities conforming to Vietnamese law. In order to organise a particular gathering within a place of worship it is necessary to obtain authorisation from the president of the people's provincial committee.

2) Foreign organisations and individuals, including religious organisations and persons, coming to Vietnam in order to carry out activities in the non-religion domain, shall not organise, lead or participate in religious activities. They shall not conduct religious preachings.

Article 26 [Receiving aid from overseas]

1) The aid activities of foreign organisations (religious or those with a religious orientation) shall conform to the policy and regulations relating to aid. They shall obtain approval from the Vietnam government organs responsible for managing aid.

2) Religious organisations and persons receiving foreign aid of a purely religious nature shall obtain the authorisation of the Prime Minister.

Article 27 [Effective after 15 days] This Decree replaces No. 69/HDBT of the Council of Ministers dated 21 March 1991. It takes effect from 15 days after the signature. Any former Decrees contrary to those in this Decree are abolished.

Article 28 [All government entities are responsible to implement Decree] Ministers, the heads of organs equivalent to Departments, heads of government organisations, presidents of provincial people's committees or of the cities directly under central control, are responsible for the implementation of this Decree.

Article 29 [Bureau of Religious Affairs' role in implementation]

The director of the Bureau of Religious Affairs shall guide, mobilise and audit the application of this Decree.

For the Government,
The Prime Minister,
Phan Van Khai

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