A Legislative Code

Le Quang Vinh, the director of the Bureau of Religious Affairs, argued that those who emitted doubts about such the authenticity of  the laws on religions only proved themselves superficial. They tackled a question beyond their comprehension. The contents of the of the Decree 26 and the Decree 37 are comprehensive and  are consistent. The dispositions of the law servwe the best intersts of all religions and adherents to any religion. Religion is an objective reality of the society whicht everyone has to  respect. According to the latest statistics by the State, the number of adepts of diverse religions in Vietnam is estimated at 15 million, that is, less than one-fourth of the population.  The State serves the best the interests of the believers, but it has at the same time, to meet the needs of the non-believers. The regulations on religious activities are simply the requirements of the law, which situation is common, and, even necessary. Any state, even a capitalist one, must establish the laws for religions. In addition, there are, in our country, numerous different beliefs and religions whose needs are multiple and diverse. Prescribe certain measures, a concrete line of conduct, is necessary, may it be a common orientation. From this necessity, the government has established  the laws on religions. Working in thid direction, it is heading towards compiling a legislative code to be approved by the National Assembly.

The New Religious Policy

     Administrative Measures

     

A priesttt who asked anomymity said that "renovation" had not brought in changes in the religious policy. The State, till showed all intents to place the religions under strict control.  The Director of the Bureau of Religious Affairs, in his address ro the Episcopal Conference of Vietnam (2000) defended the Party's religious policy, praising the  State's approaches to the religious affairs at the Episcopal Conference. His remark was  directly addressed to Cardinal Pham Dinh Tung, President of the Episcopal Conference of Vietnam, and the bishops as follows:

“A year has passed by since the Seventh Reunion of this Conference. Today, the Bureau of Religious Affairs of the government comes to talk with you in this beautiful city of Nha Trang abound with monuments and rich with historical, cultural, and technical achievements. Nha Trang is a city which is seen in progress on the path of wealth and prosperity towards a just and civilized society. I would say my first words on this occasion to wish you all good health so as to guide the Catholic Church of Vietnam on the right path and also my congratulations as regards the total success you have gathered in this assembly.

Gentlemen, 

Last year, the world was shaken with  multiple wars, in Kosovo in Europe, in Afghanistan, in Sri Lanka in Asia, in Africa, and in Latin America. How have so many wars whose motives were moral and religious  broken out?  In our country, there have also been serious incidents of religious character. We  are well aware of those that touched the Catholic Church. At the beginning of the year 1999, a delegation from the “Foreign Affairs” of the Holy See came to Vietnam for negotiation, as we agree to do so every year.  Within one year, five  bishops have been nominted.  In the past, within five years, the same number of bishops had been consecrated. In August, the fete-day to close the year of full indulgence at  La Vang was celebrated in calmness and discipline with the participation of hundreds of thousand of pilgrims. In September, the Episcopal Conference of the United States came to visit the Episcopal Conference of Vietnam. As the civil servants working in the religious domain, we feel great working in that beautiful harmony. The Catholic Church and its organizations, in general, have led a civil and religious life with fervor in a country of peace. 

 Gentlemen,

The State does not cease to ponder on the spiritual and cultural needs of the nation to realize a politics of union of the people, the politics of union of believers and non-believers. Our people practice many religions. According to our statistics, the total number of our compatriots participating in religious activities does not exceed 20 million of people. There exist 50 million of people who don’t participate in any religious activity. The State guarantees the rights to freedom of beliefs and religions as well as the rights to freedom of non-belief and non-religion. It is strictly forbidden to exert discrimination for whatever reason on any belief and religion. There are people who live abroad say that the Socialist Republic of Vietnam is a state directed by the Communist Party and, for that reason, it must be an atheist state. By atheism, they mean intervention, destruction, and limitation. We allow ourselves to answer that such a judgment is issued from a reasoning based on vocabulary terminology and not on the nature of things. Our State came into being along with the foundation of the Democratic Republic of Vietnam,. It had fought all through successive wars, the war of resistance against the French (1945-54) and the war in the South under the direction of the Revolutionary Government, having achieved independence and the liberation of  South Vietnam (from 1976 to the present time).  It has never been an atheist State. If it were an atheist state, why has it not forbidden religious  activities and fostered discrimination against all faiths for reason of belief and religion?

     The State is directed by the Communist Party. However, the                              Party follows the path as enlightened by President Ho Chi Minh “Not only should it not destroy religions, the Communist Party protects them. It only destroys the crimes committed by those who oppress man.” Coming back to the heart of the preoccupations of the State:  The State never ceases to ponder about the means to meet the needs iof the people in matters of religion. It should be remembered that, within two years, the Episcopal Conference has demanded to open a certain number of grand supplementary seminaries. The State has pondered very much on this religious need. We have keenly studied ourselves the needs as suggested by the Conference and  come up with realizable projects for the government to consider. Last year, the Prime Minister granted  permission to openi existing facilities for the establishment of the grand seminary of Ho Chi Minh City which is in the interior of the city. Nevertheless, one year has passed by, no accord from the Cburch concerning this project has been reached. 

     This discord is originated from diverse demands of a divergent subject. The demand for a grand seminary in Ho Chi Minh City turned to be the object of discussion on the 305 m2 space of an  annex establishment to the existing grand seminary, instead. The President of the Episcopal Conference solicited the opening of a new faculty. During the discussion, the bishop of Xuan Loc declared that he did not ask for the creation of a simple faculty, but a grand seminary at Xuan Loc. Today, I would like to inform you  that the Chief of government has given his accord concerning  the opening of an annex establishment of the grand seminary of Ho Chi Minh City at Xuan Loc in the province of Dong Nai. In the second place, you have demanded to organize pilgrimages, to participate in the celebration of the Saint Year at the Holy See in the Holy Land.  Again, we would like to inform you that  the government has given approval, and we ask you to proceed with the formalities for visas. Another central point is the question of publication of the bulletin    Communion. As regards this matter, we would like to inform you that, in principle, the Chief of Government has already given his accord. We ask you to specify the objectives and the type  of diffusion of this publication in a concrete manner, and  to submit application to competent agencies for consideration. Thus, I would like to ask the secretary-general of the Conference to fill in the necessary formalities and send them to us (the Bureau of Religious Affairs of the government), specifying more details, particularly, the objectives of this demand, and the mode of diffusion  of this internal bulletin as said in the letter of solicitation and during the assembly of the Episcopal Conference.     

Now, I would like to talk about the so-called “Appeal of the Religions for Religious Freedom in Vietnam” by some people who pretend to represent the religions and who, without shame, demand that “the Article 4 of the Constitution, the Decree 26 on religious activities, and the letter of application 01/99 published on July 16, 1999 be ignored, and that the legal status of the religions that had existed before 1975 be restored." These demands are rejected by the realities of daily life, and even by you, the leaders of a religion.I would like to speak about it in a comprehensive report. In reality,       the  Decree 26 enlarges the sphere of freedom for the religions while the Decree 69 only retaffirms the freedom of faith. This new decree states clearly the warranty of freedom of belief and religion. Beliefs belong to the domain of conscience, of sentiment, and of thought. Religions reveal a much larger domain, adducing activities and structures. The Decree 26 contains new regulations concerning religious activities and organizations. It lays emphasis on the protection that the law and State bring forth for them.  At this point, people would ask me how they will be free when they  are tied to authorization. The authorities of religious affairs have answers directly adressed to a critic embedded in the general considerations in a letter submitted to the government, in which the requirement for demand and authorization is put into question (EDA 299). The fact is, by inciting freedom of action from request for authorization, one is only deprived of many very precious advantages of protection. The fact of soliciting authorization of the State does not cary anything abnormal.

 

 Now, we confront the problems of entering the monastic life and  applying for authorization. Why is it that the State does not forbid one to practice a monastic life?  One is allowed to live a monastic life, but one must practice it in conformity with the dispositions of the law. Article 19 of the Decree 26 affirms without ambiguity that “the congregations of religions that are capable to function must ask for authorization and obtain recognition from competent organs of the State.”  The approval for people who desire to enter the monastic life will be accorded in conformity with the prescriptions ascribed by the Bureau of Religious Affairs. The State disposes of protection for those who enter the monastic life. Most of all, for  religious congregation, it guarantees the legal  status of the prospective priest. The State does not grant admission to the convent to those novices who evade the  rigor of the law or who want to  evade  their duties. The administrative civic formalities require of religious congregations  and candidates to the monastic life to fulfill these objectives of protection. The Bureau of  Religious Affairs is implementing these formalities so that they will not constitute inconveniences to the congregation or the candidate. However, the absence of all applications for authorization is unacceptable.

          

Let’s go back to the question of ideology that entangles the State and the religion. Certain people think that socialism and atheism are synonyms. This type of argument is reasoned without foundation. Most people think that the methodology of religion, on one side, and, socialism, on the other, are different. One is spiritualism, the other, materialism. Such things are methodologies, but their finalities and the objects derived from their methodologies are the same (?). If we trace back to the origins of religions, we will perceive that the object of belief and religion is the other world while socialism advocates the need for change of scientific society and  the change of State by society, actually at a higher level where oppression of man by man will be eliminated. In reality, between socialism and religion, there is  no convergence, but there is incompatibility. Article I of the Decree 26 has this phrase: “All discriminations for reasons of belief and religion are strictly forbidden.” To whom is destined this strict interdiction ? I think that it aims at isolating those who practice religious services vile political schemes (?). The State upholds an interdiction that concerns itself : That is the impartiality of our State.

 

 Being the manager of society, the State intervenes in two types of matters, showing its responsibility and power, the juridical and political matters. The State does not discuss the problems that concern the world of the other side, those questions that are purely religious and that belong to theology and belief. It does not criticize religion. The State is content to protect the religion against evil use of it, and for no benefits other than those that best serve the religion itself. The Decree 26 is only the first stage on the path of edification, of achievement, and of perfection of the judiciary system of the State in the domain of religion. It is then normal that there are deficiencies. The Decree 26 will be completed and perfected and will be elevated to the rank of an order and the law for religions. The citizens all have the rights to contribute with their positive opinions to the improvement and perfection of the law for religions. As for those who present extreme requests by demanding. for example, that the regime in rigor before 1975 be restored, as well as, it seems, to reverse our country back to the war and detour our society from normality. Neither our compatriots of diverse religions nor our society can approve of those extremist demands."