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THE GOVERNMENT
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No: 26/1999/ND-CP
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Hanoi, April 19, 1999
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DECREE
ON RELIGIOUS
ACTIVITIES
THE GOVERNMENT
Pursuant to Article 70 of the 1992
Constitution of the Socialist Republic of Vietnam;
Pursuant to the Law on Organization of the Government of September 30, 1992;
To ensure the freedom of belief and religion of citizens, creating conditions
for religious organizations to operate according to law;
At the proposal of the Head of the Religion Commission of the Government,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- The State of
the Socialist Republic of Vietnam ensures the freedom of belief and religion
and the freedom of non-belief and non-religion.
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Article 2.- Religious and
non-religious citizens are equal before law, enjoy all citizen’s rights and
have the responsibility to discharge all citizen’s obligations.
Article 3.- Religious
activities must obey the law of the State of the Socialist Republic of Vietnam.
Article 4.- Religious
activities in the legitimate and lawful interests of the believers are assured.
Religious activities in the interests of the
Motherland and the people are encouraged.
Article 5.- All acts of
violation of the freedom of belief and religion, all acts of misusing belief
and religion to oppose the State of the Socialist Republic of Vietnam, prevent
believers from discharging their citizen’s obligation, sabotage the cause of
unity of the entire people, and harm the healthy culture of the nation, and all
superstitious activities shall be dealt with according to law.
Chapter II
SPECIFIC STIPULATIONS
Article 6.- Every citizen
has the freedom to embrace or not to embrace a religion and to quit or change
his/her religion.
Article 7.-
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2. Religious believers must not misuse belief
and religion to act in contravention of law and must not engage in
superstitious activities.
Article 8.-
1. Religious organizations which have set their
principles, objectives and lines of activity, have an organizational structure
conforming to law and are permitted to carry out their activities by the Prime
Minister shall be protected by law.
2. Religious activities at the places of
religious worship (sessions of prayers, ceremonies, sermons, study of religious
preachings) which have been annually registered and are conducted within the enclosure
of the places of worship shall not have to ask for permission.
3. Religious activities which are held beyond
the enclosure of the places of worship or are not annually registered must have
the permission of the competent State agency.
4. Religious organizations are entitled to raise
their own financial resources from the voluntary support of individuals and
organizations and from other sources of lawful income.
The organization of collections must be
permitted by the President of the Provincial People’s Committee. Coercion of
religious believers to contribute is strictly forbidden.
The management and use of the financial
resources obtained from the above sources shall be conducted according to
provisions of law.
5. Religious organizations which act contrarily
to the principle, objective, line of worship and organizational structure
permitted by the Prime Minister shall have their operations suspended. The
individuals responsible for these violations shall be dealt with according to
law.
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Article 10.-
1. Congresses and conferences of religious
organizations at national level or related to many provinces and centrally-run
cities must be permitted by the Prime Minister.
2. Congresses and conferences of religious
organizations at local level must be permitted by the President of the
provincial People’s Committee.
Article 11.-
1. The State protects the places of worship of
religious organizations.
2. Religious organizations have the
responsibility to preserve and recondition the places of worship.
3. Houses, land and other properties which have
been transferred by religious organizations and individuals to State agencies
for management and use in implementation of the policy of the State of the
Democratic Republic of Vietnam, the Provisional Revolutionary Government of the
Republic of South Vietnam and the State of the Socialist Republic of Vietnam,
or which have been offered or donated to the State, come under the ownership of
the State of the Socialist Republic of Vietnam.
Article 12.-
1. The repairs and reconstruction at the places
of worship which have been classified as historic or cultural relics or places
of scenic beauty shall comply with the stipulations of the "Ordinance on
the protection and use of historical and cultural relics and places of scenic
beauty" of March 31, 1984.
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3. Major repairs which change the structure or
architecture of the construction at the places of worship, the restoration of
worshipping places abandoned or destroyed by war, natural disasters, and
accidents; the establishment of places of worship and the building of
worshipping constructions (houses, statues, stelae, monuments, towers and other
constructions for worshipping purposes) must be permitted by the President of
the People’s Committee of provincial level.
4. The organization of collections to
create financial resources for the building and repair of the place of worship
must have the permission of the President of the People’s Committee of
provincial level.
Article 13.- Normal
religious practice is assured at the classified religious worshipping places as
stipulated in the "Ordinance on the protection and use of historical and
cultural relics and places of scenic beauty" of March 31, 1984.
Article 14.-
1. The printing and publication of bibles and
books and other religious publications, the production, business and
export-import activities in religious cultural articles, products used in
religious practice shall be carried out according to regulations of the State
on printing, publication, production, business and import-export of cultural
products and goods.
2. It is forbidden to print, produce, deal in,
circulate and store books, magazines and cultural products with contents which
oppose the State of the Socialist Republic of Vietnam, which cause religious
division, national division and disruption of solidarity among the people.
Article 15.-
1. Religious dignitaries and priests have the
right:
- To carry out their religious functions and
roles within the domain of their responsibility which have been approved by the
competent State agency;
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- To enjoy all political, economic, cultural and
social interests of citizens.
2. Religious dignitaries and priests have the
obligation:
- To carry out exactly their functions and roles
in the domain of their religious responsibility already approved by the
competent State management agency and have to bear responsibility before law
for all their religious activities within this area of responsibility.
- To encourage the faithful to seriously execute
the policies and laws of the State.
Article 16.- Persons
assuming wrongfully the name of religious dignitaries and priests shall be
sanctioned administratively or examined for penal liability.
Persons who are serving prison terms or who are under
administrative probation are not allowed to carry out religious functions or
roles. The restoration of the religious functions or roles of those who have
completed the term of these sanctions must be proposed by the religious
organization that manages them and approved by the competent State management
agency.
Article 17.-
1. Religious dignitaries and priests can conduct
economic, cultural and social activities like any other citizen.
2. Religious dignitaries, priests and organizations
shall conduct charity activities according to prescriptions of the State. The
charity establishments sponsored by religious dignitaries, priests and
organizations shall operate under the guidance of specialized State agencies.
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1. The opening of schools to train religious
dignitaries and priests must be permitted by the Prime Minister.
2. The organization and activities of the
schools to train religious dignitaries and priests shall conform to the
prescriptions of the Religion Commission of the Government and the Ministry of
Education and Training.
3. The schools to train religious dignitaries
and priests shall carry out the regulations, policies and laws of the State
under the guidance, supervision and inspection of the specialized agencies of
the State and the provincial People’s Committee.
Article 19.-
1. Religious orders (or similar forms of
collective religious practice) shall have to ask for permission and get the
approval of the competent State agency to conduct their activities.
2. The admission of seminarists shall conform
with stipulations of the Religion Commission of the Government.
Article 20.-
1. The bestowal of religious titles of Venerable
Bonze in Buddhism, Cardinal, Bishop and Curate in Catholicism and equivalent
titles and posts in other religions must be approved by the Prime Minister.
2. The investing of religious dignitaries and
priests not covered by Clause 1 of this Article must be approved by the
President of the provincial People’s Committee.
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Article 22.-
1. Religious organizations and individuals shall
have to report to the Religion Commission of the Government on the instructions
of foreign religious organizations and individuals and shall carry out these
instructions according to the agreement of the Religion Commission of the
Government.
2. Religious dignitaries and priests who are
invested, promoted and appointed by foreign religious organizations and
individuals shall have to be approved by the Prime Minister.
Article 23.- International
activities of religious organizations and individuals shall have to comply with
law and conform with the foreign policy of the State of the Socialist Republic
of Vietnam on the basis of respect for national independence and sovereignty,
peace, stability, cooperation and friendship.
Article 24.-
1. Religious organizations and individuals in
the country that want to invite foreign religious organizations and individuals
into Vietnam must have the approval of the Religion Commission of the
Government.
2. Organizations and individuals in the country
that take part in the membership of foreign religious organizations or in
religious activities or activities related to religions in foreign countries
must comply with the regulations of the Religion Commission of the Government.
Article 25.-
1. Foreigners who legally reside in Vietnam are
allowed to carry out religious activities according to Vietnamese law. The
gathering into separate groups to conduct religious activities at the place of
worship must be permitted by the President of the provincial People’s
Committee.
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Article 26.-
1. Aid activities of foreign religious
organizations or related to foreign religions shall have to conform with the
current policy and regime of aid management and to go through the agencies
entrusted by the Vietnamese Government with managing aid.
2. Religious organizations and individuals in
the country that want to receive purely religious aid must ask for permission
from the Prime Minister.
Chapter III
IMPLEMENTATION PROVISIONS
Article 27.- This Decree
replaces Decree No. 69/HDBT of March 21, 1991 of the Council of Ministers (now
the Government) and takes effect 15 days after its signing. The earlier
stipulations which are contrary to this Decree are now annulled.
Article 28.- The
ministers, the heads of ministerial-level agencies, the heads of the agencies
attached to the Government, the presidents of the People’s Committees of the provinces
and centrally-run cities shall have to implement this Decree.
Article 29.- The head of
the Religion Commission of the Government shall guide, promote and inspect the
implementation of this Decree.
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THE GOVERNMENT
Phan Van Khai