Washington: Bản Pháp lệnh tín ngưỡng tôn giáo của chính quyền Việt Nam đã được hàng giáo phẩm nước ngoài hết sức quan tâm chú ý tới. Bản pháp lệnh của quốc hội Việt Nam đã được dịch ra tiếng Anh và bản văn này được lấy từ Thông Tấn Xã Công Giáo Hoa Kỳ. Sau đây là toàn nguyên văn bằng tiếng Anh.

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Taking into account the Socialist Republic of Vietnam's 1992 Constitution, which was amended according to Resolution No. 51/2001/QH10 of Dec. 25, 2001, at the 10th session of the 10th Legislature;

Taking into account Resolution No. 21/2003/QH11 of Nov. 26, 2003, at the 11th Legislature's fourth session on the Program of Building Laws and Ordinances in 2004;

This ordinance delimits belief-related and religious activities.

Chapter I. General Regulations

Article 1

Citizens have freedom of belief and religion, to adopt or not to adopt a religion.

The state guarantees citizens' freedom of belief and religion. This freedom is inviolable.

Religions are equal before the law.

Believers and nonbelievers as well as adherents of various beliefs and religions must respect one another.

Article 2

Ecclesiastics, religious and believers enjoy all civic rights and have the obligation to fulfill all civic duties.

Ecclesiastics and religious have the obligation to regularly teach believers patriotism, and to encourage them to fulfill civic rights and duties and to obey the law.

Article 3

In this ordinance, the following terms are understood as follows:

1. Belief-related activities are activities expressing the worship of ancestors, the commemoration and honoring of those who have contributed to the country and community, and the worship of gods, spirits and traditional symbols as well as other folk belief-related activities that symbolize historic, cultural, social and moral values.

2. Places of worship are places where communities' belief-related activities take place, including village communal houses, temples, ancestral temples and other analogous places.

3. Religious organizations are collections of people believing in a doctrine, religious laws and rituals, and are organized in accordance with a certain structure recognized by the state.

4. Basic religious organizations are basic units of religious organizations, including pagoda administrations in Buddhism, parishes in Catholicism, churches in Protestantism and their counterparts for corresponding levels in Buddhist sects - Cao Dai and Hoa Hao - and other religions.

5. Religious activities include preaching, practice of faith, religious laws and rituals, and administration of religions.

6. Religious associations are groups of believers set up by a religion to serve religious activities.

7. Religious facilities are worship places, religious houses, centers for the formation of religious workers, bases of religious organizations and other religious facilities recognized by the state.

8. Believers are people who join a religion and who are recognized by their religious organization.

9. Religious are believers who volunteer to live regularly a religious life according to the doctrine and religious laws of the religion they follow.

10. Ecclesiastics are believers having functions and titles in religions.

Article 4

Pagodas, churches, mosques, temples, village communal houses, ancestral temples, bases of religious organizations, religious training centers and other lawful belief and religious places, religious books and objects for worship purposes are protected by the law.

Article 5

The state guarantees each citizen the right to be involved in belief-related and religious activities according to the regulations of the law; respects cultural and moral values of religions; and preserves and fosters positive values of the ancestor worship tradition, commemoration and honoring of those who have contributed to the country and communities in order to strengthen the national great unity bloc and to meet spiritual needs of people.

Article 6

Relationships between the Socialist Republic of Vietnam and other countries and international organizations on religion-related matters must be based on principles of respect for national independence and sovereignty, and mutual benefit, while conforming to mutual laws as well as international laws and rules, and not interfering in mutual internal affairs.

Article 7

1. The Vietnam Fatherland Front and its member organizations within their duties and powers have responsibilities for:

a. Gathering believers and nonbelievers to build national unity, build and defend the motherland.

b. Reflecting in a timely way the people's ideas, aspirations and proposals for belief- and religion-related matters to competent state agencies.

c. Participating in campaign and encouraging ecclesiastics, religious, believers, belief followers, religious organizations and people to carry out laws on belief and religion.

d. Taking part in building and supervising the implementation of policies and laws on belief and religion.

2. Within their duties and powers, state agencies actively collaborate with the Vietnam Fatherland Front Committee and Vietnam Fatherland Front's member organizations in propagation, encouragement and implementation of policies and laws on belief and religion.

Article 8

1. Any discrimination on the grounds of belief or religion and any violation of citizens' freedom of belief and religion are forbidden.

2. It is forbidden to use freedom of belief or religion to destroy peace, independence and national unity; to instigate violence, to propagate war or to do anything against the state's laws and policies; to segregate people according to nationality or religion; to make public disorder; to injure people's life, health, dignity, honor or property; to prevent people from fulfilling their civic rights and duties; or to engage in superstitious practices and other activities that may be against the law.

Chapter II. Belief-related and Religious Activities

Article 9

1. Belief followers and believers are free to express their faith, to practice rituals, prayer sessions and festivities, to serve in festivals and religious feasts, and to study catechism of the religion they follow.

2. With regard to belief-related and religious activities: Belief followers and believers have the responsibility to respect people's freedom of belief or religion and freedom of nonbelief or nonreligion; carrying out freedom of belief or religion does not prevent carrying out civic rights and duties; and belief-related and religious activities must comply with the regulations of the law.

Article 10

People who join belief-related and religious activities must respect the regulations of belief-related and religious places and of festivities, and the rules of the community.

Article 11

1. Ecclesiastics and religious are allowed to carry out religious rituals in the area they serve, and to preach and to evangelize in religious places.

2. With regard to practice of rituals, preaching and evangelizing not mentioned in Section 1 of this article, the approval of the local district-level People's Committee is needed.

Article 12

1. People who head basic religious organizations have the obligation to register the annual program of religious activities in their area with the village-level People's Committee, and religious activities outside the program registered each year must be approved by competent state agencies.

2. The authority to approve organization of belief festivals is regulated by the government.

Article 13

1. Those who are serving prison sentences or put under house arrest according to regulations of the law are not allowed to lead religious rituals, evangelize, preach, manage religious organizations or lead belief festivals.

2. For those who have completed the sentences mentioned in Section 1 of this article, they are allowed to lead religious rituals, evangelize, preach, manage religious organizations and lead belief festivals only after their religious duties have been proposed by their own religious organizations and approved by competent state agencies.

Article 14

Belief-related and religious activities must be done in accordance with public safety and economy, and in conformity with national tradition and culture as well as protection and upkeep of the environment.

Article 15

Belief-related and religious activities can be suspended in the following cases:

1. They violate national security or seriously affect public order or the environment.

2. They undermine people's unity or good cultural traditions of the nation.

3. They endanger people's life, health, dignity, honor or property.

4. They encourage other behaviors of seriously breaking the law.

Chapter III. Religious Organizations and Their Activities

Article 16

1. Organizations are recognized as religious organizations only when the following conditions are fulfilled:

a. They must belong to people having the same faith and have teaching, rules and rituals not contrary to good customs or the benefit of the nation.

b. They must have charters and codes that express principles, missions and religious orientations closely connected with the nation and not contrary to regulations of the law.

c. Their religious activities must be registered and be conducted in orderly fashion.

d. They must have legal bases, organizational structures and representatives.

e. Their own names are not the same as those of other religious organizations that have been recognized by competent state agencies.

2. Authority to approve religious organizations:

a. The prime minister approves religious organizations that operate within many provinces or cities administered directly under the central government.

b. The chairperson of the People's Committee of a province or of a city administered directly under the central government approve religious organizations that operate mainly within that province or city.

3. Registration of religious activities mentioned in item c of Section 1 of this article, religious activities of registered organizations and the process and procedure for recognizing religious organizations should be approved by the government.

Article 17

1. Religious organizations are allowed to set up, divide, merge and unite organizations under their authority according to their charters and codes.

2. The establishment, division, merger and unification of basic religious organizations must be approved by the provincial-level People's Committee.

3. The establishment, division, merger and unification of religious organizations not mentioned in Section 2 of this article must be authorized by the prime minister.

Article 18

1. With regard to holding basic religious organizations' congresses and conferences, the approval of the local district-level People's Committee is needed.

2. With regard to holding religious organizations' national congresses and conferences, the approval of central state agencies for religious affairs is needed.

3. With regard to holding religious organizations' congresses and conferences not mentioned in Sections 1 and 2 of this article, the approval of the local provincial-level People's Committee is needed.

Article 19

1. Religious associations are allowed to operate after their religious organization has registered with competent state agencies.

2. Registration of religious associations for their operation is regulated as follows:

a. Religious associations operating within a district, town or city of a province must register with the concerned district-level People's Committee.

b. Religious associations operating within many districts, towns or cities of a province or a city administered directly under the central government must register with the concerned provincial-level People's Committee.

c. Religious associations operating within many provinces or cities administered directly under the central government must register with central state agencies for religious affairs.

Article 20

Religious congregations, convents and other analogous forms of collective religious life are allowed to operate after having registered with competent state agencies.

Registration of religious congregations, convents and other analogous forms of collective religious life for their operation is made in the same way as for religious associations mentioned in Section 2 of Article 19 of this ordinance.

Article 21

1. People join religious convents voluntarily and are not constrained or prevented from doing so by anyone. Young people who want to lead a religious life have to be given consent by their parents or guardians.

2. Heads of religious convents have responsibility to register with the local village-level People's Committee when they recruit new members.

Article 22

1. Ordinations, promotions, appointments and elections are carried out according to religious organizations' charters and codes, and in accordance with the regulations mentioned in Section 2 of this article; but in the case that these activities have foreign participation, agreements with central state agencies for religious affairs should be made beforehand.

2. The state recognizes candidates who meet following conditions:

a. They are Vietnamese citizens with moral standards.

b. They have the spirit of solidarity and national harmony.

c. They are law-abiding.

3. Dismissal or removal of ecclesiastics is made according to religious organizations' charters and codes.

4. Religious organizations have the responsibility to register their candidates and inform competent state agencies of the dismissal or removal of ecclesiastics.

Article 23

Regarding the transfer of ecclesiastics or religious from one place to another, religious organizations have responsibility to inform the district-level People's Committee in the place of departure and to register with the district-level People's Committee in the place of destination.

In the case of ecclesiastics or religious who have broken laws on religion and have been put under administrative detention or sentenced by the chairperson of the provincial-level People's Committee, transfer of these people requires the approval of the provincial-level People's Committee in the place of destination according to government's regulations.

Article 24

1. Religious organizations are allowed to establish schools for the formation of religious workers and conduct intensive courses for them.

2. The establishment of schools for the formation of religious workers must be authorized by the prime minister.

-Any recruitment for these schools must be carried out according to public principles and approved rules, and must offer students free enrollment.

-Vietnam's history and Vietnam's laws are compulsory subjects in the curricula of schools for the formation of religious workers.

3. The organization of intensive courses for religious workers must be authorized by the chairperson of the local provincial-level People's Committee.

4. The process and procedures for the establishment and termination of schools for religious formation as well as the conduct of intensive religious courses are regulated by the government.

Article 25

Religious organizations' feasts that take place outside religious facilities must be carried out in accordance with the following regulations:

1. The feasts attended by believers from a district, town or city covered by a province must have the approval of the local district-level People's Committee.

2. The feasts attended by believers from many districts, towns or cities covered by a province or city administered directly under the central government or from many provinces or cities administered directly under the central government must be authorized by the local provincial-level People's Committee.

Chapter VI. Property and Social Activities

Article 26

Legal property belonging to worship places of beliefs and religions is protected by law, and appropriation of such property is banned.

Article 27

1. Land where religious buildings are located, including land of pagodas, churches, temples, mosques, convents, schools for the formation of religious workers, headquarters of religious organizations and other religious property that the state allows to operate, are to be used regularly and permanently.

2. Land having village communal houses, temples, ancestral temples and other analogous places of beliefs are to be used regularly and permanently

3. The management and use of land regulated in Sections 1 and 2 of this article are carried out according to the regulations of laws on land.

Article 28

1. Worship places of beliefs and religious organizations are allowed to raise donations and to receive property offered, donated and given voluntarily by domestic and foreign organizations and individuals according to the regulations of the law.

2. Raising donations on behalf of places of worship of beliefs and religious organizations must have open and clear purposes, and the local People's Committee must be informed before donations are raised.

3. To take advantage of donations for self-benefit or for aims against the law is banned.

Article 29

Belief and religious activities at worship places of beliefs and facilities of religions that have been classified as historical or cultural monuments or as beautiful sights are guaranteed the same as those at other worship places of beliefs and facilities of religions.

The management, use, repair or renovation of construction relating to worship places of beliefs and facilities of religions which have been classified as historical or cultural monuments or beautiful sights are to be carried out in accordance with the regulations of laws on cultural heritage and other relevant laws.

Article 30

Any repair, renovation or building constructions relating to worship places of beliefs and facilities of religions must be carried out in accordance with the regulations of laws on construction.

Any change of purpose in the use of buildings belonging to worship places of beliefs must have the approval of the district-level People's Committee, and any change of purpose in the use of buildings belonging to facilities of religions must have the approval of the provincial-level People's Committee.

Article 31

Any relocation of buildings belonging to worship places of beliefs or facilities of religions required by socio-economic development projects must be discussed with representatives of worship places of beliefs or facilities of religions and compensated according to legal regulations.

Article 32

The publishing, printing and distributing of prayer books, newspapers, magazines and other publications on belief or religion; the sale, export and import of cultural works of belief or religion; and the production of objects used for belief or religious practice are to be carried out in accordance with government regulations.

Article 33

1. The state encourages and provides favorable conditions for religious organizations to participate in the caring for physically or mentally challenged children; to assist in health centers for the poor, the disabled, people with HIV/AIDS, leprosy patients and mentally challenged patients; to help develop kindergartens and take part in other activities for humane and charitable aims in conformity with religious organizations' charters or codes and legal regulations.

2. Ecclesiastics and religious as citizens are encouraged by the state to pursue educational, health, charitable and humane activities in accordance with legal regulations.

Chapter V. International Relationships

Article 34

Religious organizations, believers, religious and ecclesiastics have the right to pursue activities relating to international relationships according to the regulations of religious organizations' charters, codes or canons and in conformity with the laws of Vietnam.

With regard to the pursuit of activities relating to international relationships, religious organizations, believers, religious and ecclesiastics must be equal and respect the independence, sovereignty and internal affairs of other countries.

Article 35

The following activities relating to international relationships must have the approval of central state agencies for religious affairs:

1. Inviting foreign organizations or foreigners to enter Vietnam or implementing policies of foreign religious organizations in Vietnam.

2. Taking part in religious activities or sending representatives to attend religious courses in foreign countries.

Article 36

Foreign ecclesiastics and religious are allowed to preach in Vietnam's religious places after getting the approval of central state agencies for religious affairs. They must respect the regulations of Vietnam's religious organizations and obey the laws of Vietnam.

Article 37

Foreigners entering Vietnam must abide by the laws of Vietnam; they are allowed to bring religious publications and other religious objects to serve their own needs in accordance with the regulations of the laws of Vietnam; they are given as many conditions to join religious activities at religious places as Vietnamese believers; they are allowed to invite Vietnamese ecclesiastics to provide them services; and they must respect the regulations of religious organizations in Vietnam.

Chapter VI. Enforcement Articles

Article 38

In the case that an international treaty the Socialist Republic of Vietnam signs or joins has regulations different from this ordinance's regulations, the regulations of that international treaty are to be carried out.

Article 39

1. Religious organizations which have been recognized by competent state agencies prior to this ordinance's taking effect are not required to register for recognition again.

2. Religious associations, congregations, convents and other analogous forms of collective religious life that have registered and have been allowed to operate prior to this ordinance's taking effect are not required to register for recognition again.

Article 40

This ordinance takes effect Nov. 15, 2004.

Article 41

The government will issue regulations in detail and guidelines to monitor enforcement of this ordinance.

Hanoi, June 18, 2004

On behalf of the Standing Committee of the National Assembly

Nguyen Van An

Chairperson