To the outside observers, the Resolution No. 24 of
the Communist Party, which was issued after the Sixth Congress, and the new
directive of the Politburo did not reflect the true situation of and solution
to the question of religion. In addition to implementing the existing administrative
regulations, the Communist Party arbitrarily adopted other rigid measures to
abort possible opposition from the
religions. Plans for action for cadres at all levels of the Party hierarchy
were devised to carry out political schemes. The Party, in effect, was cautious
in its intention but failed to dissimulate its artful scheme to subordinate the
religions to submission to its established order. Cadres were instructed to be
on guard against potential confrontation with the elements who the Party
thought would use religion to destabilize the socialist regime politically. At
the same time, it heighten vigilance against the covert and ever-lasting opposition
of the religions on the ideological plane. Weaknesses of the administration in dealing
with the religions were also mentioned, and, as a matter of fact, particular attention should be focused on evil
tendency. Party cadres must be alert to execute programs of action and
correctly implemented them since the coordination between the responsible of
various services in this domain were still lax, and the methods to solve the
difficulties were somewhat incoherent. Still,
there was lack of a comprehensive
understanding of the problem and loose union in
the conduct of affairs. The distinctions in viewpoints as regards religions
between diverse political, cultural and social organizations remained wayward. Amid complex difficulties,
staffs and cadres working in the domain of religion were still a small number.
They were even poorly educated and professionally weak. Diverse services at all
levels were not really conscious of
their responsibilities. Even more, they were not keenly aware of the objectives
in this domain. Hence, more tasks were
to be done. One of them was to prepare a new law in response to the new
situation
The Decree
26/1999/NDCP
The Decree on Religions 26/1999/ND-CP signed by
Prime Minister Phan Van Khai in April 1999, reaffirms the rules and regulations
on religious activities applied since the 1950’s and, with some additional clauses,
tightens the control of the State on the
religions. Under this Decree, all religious properties confiscated by Communist
authorities after 1975 become the permanent property of the State. Government
agencies are empowered to recognize the legality of a religion, the appointment of religious dignitaries, and
the the privilege to publish religious materials. All subjects concerned are
subject to the Prime Minister’s approvals. Priests and religious officials under
“administrative detention” are not permitted to assume religious functions. All
activities believed to activate" opposition to the State” or “go against
the healthy culture of the nation” will be severely punished. The State Bureau
of Religious Affairs, the ominous interpreter of the Decree, will issue instructions
concerbing the applications for permission and approval.
Article 1 of the Decree 26/1000/ND-CP provides
candidly: “The State of the Socialist Republic of Vietnam guarantees the liberty
of belief and religion as well as the liberty to adhere or not to adhere to a
religion. Any discrimination for reason of belief or religion is strictly forbidden.”
Article 4 of the Decree 26/1999/ND-CP
stipulates: “Religious activities accomplished in the interest of the faithful
are protected when these interests are legitimate and comply with the law.
Religious activities accomplished in the interest of the fatherland and people
are encouraged.” Article 5 of the same decree further stipulates: “All
activities causing harm to the liberty of belief and religion, any activity
utilizing belief and religion to oppose the State of the Socialist Republic of
Vietnam, prevent the believers to accomplish their civic duties, sabotage the
union of the whole people, encounter the sane culture of our nation and
engender superstitious practices will be sanctioned in conformity with the
law.”
The decree stresses that, as the manager of the society, the State only
intervenes in matters that are within its responsibility and competence and in
conformity with the law and policy of the State. The State does not interfere
in the matters that are purely religious
and the matters that are theological.
Primarily, it protects religion. It opposes the use of religion as cover
for illicit purposes as well as superstitious practices. All progressive States
in the world do the same thing. Thus, in conclusion, the government firmly
assured the public of the credibility of the law. The Decree 26/1999/ND-CP is a
step forward, the first phase in the process that allows everyone to build,
improve and complement the juridical system of the State. The Decree 26 itself will be a perfect complement to a future order and a prospective
legislative code. This action is essentially
correct. It is opene to the path of a good will uniting the religion and the
State within the framework of building the country. One may find in it some natural
insufficiencies. Remedies will nevertheless be made all along the process of application.
of the law. (EDA 303).
Remarks
The Decree 26/1999/NDCP of the government came into existence
as a result of growing tension between the government and the Churches. It aims
to implement the existing laws on religion,
performing in emergency one of the crucial tasks, preventing popular
opposition from the religion as foreseen by the Politburo. Pitfalls surfaced,
however, as the State, again, made erroneous ideological judgments on the
social nature and political character of the religion. In fact, right in the first part of the
legislation, for instance, the decree
does not specify the legal requirements a religion must meet. Rather, it
imposes intricate interpretations and twits of equivocal lexical terms,
instead. In Article 5, in particular, the lexicon “associations,” which is used
to designate “Churches,” is vague and confusing. It is first defined positively
in paragraph 1, and negatively in paragraph 5, respectively. Religious
organizations, under the new law, must be authorized to operate under the law by
the chief of government. Religious
goals, practices, and activities, which are practically theogical, must
comply with rules and regulations of the law. Only if these requirements are
met, “ will they be protected by the
law, if not, they have to stop to function.” These “provisions” are not the
prescriptions of a law. They are merely the rules and regulations the religion
must observe.
Still, the instructions in the application for
authorization for a new religion of July 1999 further stresses that operative
religious organizations must meet the legal requirements as stated in the
directives of the Politburo on July 18, 1988. The directives specifically
emphasize the “illegality” of certain religious activities, such as the
activities that are practiced outside the places of worship or the activities
that operate in contradiction with the ultimate interests of the country, and,
especially, the activities that are superstition-tainted and activities “that
must be criticized and eliminated.” Such activities are, in effect, not clearly
defined, thus causing disturbance and nuisance to the observer of the rules and
regulations of the law.
The imperatives that mark the directives of the
Politburo and the rules and regulations provided by the said decree do not
always match. The directives, it is noted, don’t particularly mention anything
about the kind of religions practices or activities of any Churches, legal and
illegal. As regards religious
activities, the Decree 26 prescribes
only one general disposition in Article 3: “Religious activities must be conducted
in conformity with the legislation of the State of the Socialist Republic of
Vietnam.” What would be a religious activity
that is considered to operate suitably to
the ;aw of the Socialist Republic of Vietnam. And, an activity like this
is not clearly defined in the said law or any other law on religion of the
Socialist State of Vietnam.
