Legal framework on freedom of religion and actual application
In common with every Communist regime, Vietnam’s constitution and laws might suggest that, on paper at least, the country respects religious freedom. The Constitution of the Socialist Republic of Vietnam formally recognises that every “citizen shall enjoy the right to freedom of opinion and speech, freedom of the press,” (Article 25), and that everyone “shall enjoy freedom of belief and of religion” to “follow any religion or follow none. All religions are equal before the law. The State respects and protects freedom of belief and of religion. No one has the right to infringe on the freedom of belief and religion or to take advantage of belief and religion to violate the laws” (Article 24, 1-3).
At the same time, the constitution defines Vietnam as “a socialist rule of law State” (Article 2) and describes the ruling Communist Party of Vietnam as “the vanguard of the Vietnamese working class” and “Vietnamese nation” and “the leading force of the State and society” (Article 4, 1). Under Article 70 (5), Vietnam’s National Assembly has a number of duties and powers, including the power “[t]o decide on the State’s policies on nationalities and policies on religions.” Article 9 (1) also recognises the Vietnam Fatherland Front as “a political alliance and a voluntary union” of various groups, including religions.
The government recognizes approximately 38 religious organizations, representing some 16 religious traditions. Denominations within these religious traditions must register and seek their own recognition. Military service is mandatory for men between the ages of 18-25. Although there are exemptions, none are related to religious reasons. The government enforces a secular curriculum and does not allow religious instruction in both private and public schools, including private schools run by religious organizations.
In addition to constitutional provisions, various statutory laws govern matters of religion and religious freedom. On 1 January 2018 a “Law on Beliefs and Religion” came into force. Before its approval by the National Assembly on 16 November 2016, the bill went through a long vetting process. To the surprise of religious freedom observers and advocates, the government’s Office for Religious Affairs submitted it to the country’s religious communities for comment. In their submission, on 1 June 2017, the Catholic bishops put forward their “sincere and frank remarks,” saying that the proposed law represented a step backwards from the 2004 Ordinance on Beliefs and Religion. The Church expressed regret that Vietnamese authorities were still wedded to the concept of the so-called “demand-and-grant” system. This obliges religious organisations to act as supplicants rather than as citizens with secure rights and entitlements, compelling them to plead with the authorities to authorise particular activities they wish to undertake on a case-by-case basis.
Overall, however, these and other Vietnamese government decrees and regulations over the last twenty years reflect a discernible if modest improvement in the country’s religion policy. Effectively, the Vietnamese Communist Party has largely abandoned a strict Marxist-Leninist doctrine on religion. Religion is no longer expected to decline or wither away, but is increasingly seen as a positive part of Vietnam’s culture and traditions, and capable, at least in principle, of contributing to its well-being and development.
Despite such positive attitudes, religion is still seen as a double-edged sword, capable of contributing to society but also of fuelling unrest and undermining national unity. What is more, as much as Vietnamese authorities may give the impression that the religious situation is smooth and harmonious under their management, there is no denying that their control of the country’s rich religious life remains invasive and coercive.
The 2018 “Law on Beliefs and Religion” recognises religious organisations as legitimate “non-commercial legal persons” and could empower religious organisations to secure and defend some of their legal claims, including property claims, especially in land disputes between civil authorities and religious organisations. The law, however, fails to clarify whether religious organisations enjoy the freedom to undertake social activities in the fields of education and health.
Newly formed religious groups continued to struggle to acquire government recognition. Despite a statement in June 2021 from the vice minister of Home Affairs, Vu Chien Thang, that Vietnam welcomed all religions, there has been no concrete action from the government to make this professed openness a reality. “Local governments often use administrative regulations to prevent the activities of new religions, regardless of whether followers are secretly or openly religious.” In November 2021, The Government Committee for Religious Affairs (GCRA) acknowledged the positive aspects of new religions, but labelled many as false, even if they possessed positive characteristics.
Vietnam is party to the International Covenant on Civil and Political Rights.
Incidents and developments
The rights of minority religious groups continued to be violated. In general, the government continued to prevent religious dignitaries they consider a threat from leaving the country and to restrict their movement. On 15 July 2021, Vietnamese authorities forbade the Khmer-Krom group from building a religious hall in Vinh Long province. Hailing from a poverty-stricken region, the group could not afford to build a full-fledged temple, thus opting to build a religious hall, donated by a member of the religious group. The Vietnam Buddhist Sangha, a Buddhist organization created by the government, intervened and the construction was denied.
On 27 December 2021, local authorities raided the funeral of the unofficial religious group known as the Duong Van Minh, named after the late Hmong founder. Using the COVID-19 pandemic as an excuse, law enforcement officers arrested 35 people and threatened others claiming the gathering would spread the virus. A resident of the area stated: “The police have seen us many times, and they are very keen on eliminating our religion and not allowing us to follow it. The police have said that in many places.” Another incident related to the same religious group occurred on 2 August 2022, when local authorities raided eight various locations that housed the Duong Van Minh. Claiming they were an illegal separatist organisation, the authorities broke down doors and destroyed altars in addition to hanging photos of former Vietnamese President Ho Chi Minh.
The government considers Montagnard and Hmong Christians a threat to “national security” and “national unity”. These Christians have been heavily persecuted including being coerced, threatened, and forced to publicly recant their religious faith. In addition, many of them are denied the necessary legal documents to secure citizenship, obtain ID cards, or own property. Such discrimination on the basis of religion has resulted in around 10,000 individuals being left without proof of citizenship and thus rendered essentially “stateless”. On 29 December 2021, local authorities, assuming the Church seeks to overthrow the government, harassed and physical assaulted followers of the Montagnard Evangelical Church of Christ as they prepared to celebrate Christmas. There was a claim that the police also pressured members to renounce their faith. When questioned, the local authorities denied the allegations.
On 30 January 2022, Dominican priest Father Giuse (Joseph) Trần Ngọc Thanh, O.P. was stabbed to death at Dak Mot while hearing confessions in the church. The suspect, Nguyen Van Kien, was arrested though the motivation remains unclear.
Amidst the growing persecution of Montagnard and Hmong Christians, there have been some positive changes in Subdivision 179 in Dam Rong District. In July 2002, local authorities released an infrastructure development plan, which, if implemented, would provide a road, a community centre, and a clinic for the local Christian community.
22 August 2022 marked the International Day Commemorating Victims of Violence based on Religion or Belief. Some religious communities who were commemorating the day, such as the Cao Dai Binh Khanh religious pilgrimage group, faced harassment from local authorities who forced them to cancel the memorial ceremonies by signing written commitments.
Prospects for freedom of religion
An increased tolerance of religion is noticeable in the rhetoric of Vietnamese leaders as well as in recent legislation, suggesting the possibility that Vietnam may continue to see some improvement in religious freedom conditions. Prime Minister Pham Minh Chinh, on 30 August 2021, recognised the contribution of religious organizations to national defence and construction, most notably during the COVID-19 pandemic, and reiterated right to freedom of religion and belief for all. In terms of law and policy, the Law on Belief and Religion that came into effect on 1 January 2018 promised to bring some improvement to the religious freedom landscape in Vietnam.
At the same time, many religious minority leaders and those who advocate for religious freedom have observed that the religious freedom of individuals and religious organisations have seen few, if any, concrete improvements. In fact, the religious freedom of members of independent and unregistered religious groups has continued to worsen during the period in review. As Vietnamese religious minorities continue to face significant persecution and harassment and repeated rejections of applications for official registration status, Vietnam was recommended as a Country of Particular Concern (CPC) by the United States Commission on International Religious Freedom in its 2022 annual report.
The immediate and long-term prospects for freedom of religion in Vietnam thus remain negative.
Vietnam