Freedom of belief and religion in Vietnam is constitutionalized and governed by law. This is a tool for the State to exercise its control over the economy, society, culture, firmly maintain security, politics, social order and safety; it is a medium to promote people’s mastership, safeguard legal rights and interests of its citizens, and ensure social equality. Assessing the performance of our legal system regarding religion, we will see an unceasing development and improvement. Our State has promulgated a number of legal documents relating to religion and the practice of religion since the inception of the Democratic Republic of Vietnam (1945); those documents have become an indispensable part in the State legal systems. Notably, the Ordinance on belief and religion was passed on 18 June 2004 by the Standing Committee of the 9th National Assembly. This is an important milestone, creating legal base for the practice of belief and religion. The National Assembly of the Socialist Republic of Vietnam has also promulgated a number of laws directly concerning the protection of human rights, freedom of belief and religion, such as Law on Enforcement of Civil Judgments, Law on Denunciations, Law on Legal Popularization and Education, etc. Notably, the Constitution of the Socialist Republic of Vietnam, which was approved by the 13th National Assembly at its 6th session, has been supplemented with new contents. One of the important highlights of the new Constitution version is the content related to human rights. This content clearly specifies the freedom of belief and religion. Article 16 of the Constitution stipulates that: “All people are equal before law. No one is subject to discriminatory treatment in political, civil, economic, cultural or social life.” Article 24 stated that: “Everyone has the right to freedom of belief and religion, and has the right to follow any religion or to follow no religion. All religions are equal before law. The State shall respect and protect the freedom of belief and religion. No one may violate the freedom of belief and religion, nor may anyone take advantage of a belief or religion in order to violate the law.” The Constitution also defines more clearly responsibilities of the State to respect, protect and guarantee human rights, including the freedom of belief and religion of citizens. Article 2 states that: “The State of the Socialist Republic of Vietnam is a socialist state ruled by law and of the People, by the People and for the People” Chapter VII dealing with the Government and Chapter VIII on the People’s Courts and the People’s Procuracies all clearly manifest the duty to safeguard justice, human rights and citizen’s rights. That means the State apparatus is established to protect human rights.
Constitution is the prime law, the legal-political document of significant importance. The Constitution, along with the legal system, institutionalizes the Party’s Platform and standpoint, including the safeguarding of the freedom of belief and religion. The Party Central Committee’s Resolution 25-NQ/TW, dated 12 March 2003, on “Religious Work” has defined contents and measures for ensuring the freedom of belief and religion of the people. Our Party affirms the “continuation of perfecting policy and law on belief and religion in conformity with the Party’s viewpoint, promoting fine cultural and moral values of religions; encouraging religious organizations, dignitaries and followers to lead good secular and religious lives and make active contributions to the cause of building and defending the Fatherland, and so on.”
This reveals the consistency in the Party’s guidelines, the State’s policies and law on religion and belief; creates legal environment for the execution and ensuring of the freedom of religion and belief of citizens; not only meets the increasing demand of religion and belief in reality but also conforms to international treaties that Vietnam has signed.
Manh Dung