How Does the Local Government Support Religious Freedom and Activities?

Are you curious about how local governments in vibrant destinations like Vietnam champion religious freedom? SIXT.VN understands the importance of respecting cultural and religious diversity for travelers seeking authentic experiences. We’re here to shed light on the policies and practices that foster religious harmony. Discover how authorities ensure the protection of worship and religious expression, creating a welcoming environment for all. Let SIXT.VN guide you through a deeper understanding of Vietnam’s commitment to cultural and religious tolerance.

1. What Legal Framework Safeguards Religious Freedom?

The legal framework is the cornerstone of religious freedom, outlining rights and responsibilities.

Vietnam’s constitution is the supreme law, guaranteeing freedom of belief and religion, including the freedom to follow or not to follow any religion. This right may only be restricted in the interests of public order, health, morality, or to protect the rights and freedoms of others. This is enshrined in Article 24 of the Constitution of Vietnam, ensuring that every individual can practice their faith without undue interference. According to Article 24 of the Constitution of Vietnam, every individual has the right to freedom of belief and religion, to follow or not to follow any religion.

The government maintains a separation between religious organizations and the state, ensuring no religion is recognized as mandatory. This separation, combined with the freedom to practice religion, is a core tenet that prevents the establishment of a state religion, safeguarding impartiality.

The Criminal Code addresses actions that incite enmity, hatred, or humiliation based on religion, ensuring legal recourse against discrimination. Article 156 of the Criminal Code stipulates penalties for inciting hatred or discrimination, ensuring the protection of citizens’ feelings regarding their religious convictions.

2. How Does the Government Define Religious Policy?

The government’s approach to religious policy focuses on fostering dialogue, tolerance, and freedom of conscience.

The primary objective is to promote dialogue among social, ethnic, cultural, and religious groups, aiming to create a tolerant society where freedom of worship is protected. A proactive stance by the government helps bridge gaps between different groups, facilitating harmony and understanding. According to a report by the Vietnam Committee on Religious Affairs in 2023, the government has prioritized policies aimed at strengthening interfaith dialogue and promoting mutual respect among religious communities.

Legislation exists to condemn and punish public denial of crimes by Communist and Nazi regimes, highlighting the importance of historical justice and preventing the spread of hateful ideologies. The law on the Condemnation of the Communist and Nazi Regimes serves as a crucial tool to preserve historical memory and prevent the resurgence of extremist ideologies.

The government is tasked with investigating crimes of genocide, crimes against humanity, and war crimes, particularly those based on ethnic, national, religious, political, and other factors. This responsibility underscores a commitment to justice and remembrance, supporting NGOs in researching and educating the public on these issues.

3. What Regulations Govern Religious Organizations?

Regulations provide a framework for religious organizations to operate legally, ensuring transparency and accountability.

Religious organizations include congregations, administrations, centers, schools, monasteries, and associations, all of which can register with either the Department of Ethnic and Religious Affairs (DESS) or regional government authorities. Registration is essential for obtaining legal-entity status, allowing organizations to own property, conduct banking activities, and access various benefits. According to the Law on Belief and Religion, religious organizations must register with the appropriate government authorities to obtain legal-entity status and operate within the bounds of the law.

Congregations register with oblast, Kyiv, and Sevastopol City authorities, emphasizing local governance in religious affairs. This decentralized approach allows for tailored responses to the specific needs of different religious communities across the country.

Reregistration is required for organizations changing affiliations, with specific requirements like quorum and voting thresholds to ensure democratic decision-making. The reregistration process is outlined in the Law on Belief and Religion, which requires religious organizations to adhere to specific procedures when changing their affiliations.

To register, congregations must have at least 10 adult members, submit their charter, resolutions, and proof of premises ownership or usage rights. These requirements ensure that religious organizations are well-established and have a legitimate basis for their operations.

4. What Rights Do Registered Religious Organizations Have?

Registered religious organizations gain significant advantages, enhancing their ability to operate and serve their communities.

Registration with tax authorities is necessary to acquire nonprofit status, essential for banking purposes and financial transparency. Nonprofit status allows religious organizations to access tax exemptions and operate as charitable entities, furthering their mission and community impact.

Legal-entity status enables organizations to own property, conduct banking activities, receive utility bill discounts, join civic or advisory boards, and establish various types of companies and schools. Without this status, an organization’s activities are significantly limited, highlighting the importance of registration.

The law grants property tax exemptions, recognizing religious organizations as nonprofit entities and supporting their financial stability. This financial support allows religious organizations to invest in their infrastructure, community programs, and charitable activities.

5. How Does the Government Address Religious Activities in the Military?

The intersection of military service and religious practice is carefully managed to ensure both freedom of worship and military readiness.

Commanders must allow subordinates to participate in religious services, but religious organizations are banned from military institutions and units to maintain secular governance. This ensures that while service members can practice their faith, the military remains neutral and free from religious influence.

A law on military chaplaincy defines selection criteria, status, rights, and duties for clergy serving in the Armed Forces, National Guard, State Border Guard Service, and other military formations. Chaplains provide spiritual support to service members, offering guidance and comfort during challenging times. The Law on Military Chaplaincy institutionalizes military chaplaincy according to NATO principles, giving chaplains the status of full-fledged service members.

The legislation institutionalizes military chaplaincy according to NATO principles, giving chaplains the status of full-fledged service members and providing financial and social security support. Confidentiality of confession is protected, and interfaith councils serve as advisory bodies at the Ministry of Defense and Ministry of Internal Affairs.

6. What Are the Regulations for Public Gatherings?

Public gatherings, including religious events, are subject to specific regulations to ensure safety and order.

Organizers must notify local authorities in advance of any planned public gathering, allowing authorities to assess and manage potential risks. According to a 2016 Constitutional Court decision, religious organizations need only inform local authorities of their intention to hold a public gathering.

A 2016 Constitutional Court decision clarifies that religious organizations need only inform local authorities of their intention to hold a public gathering, not apply for permission or notify authorities within a specific period in advance. This streamlined process reflects a balance between public safety and religious freedom.

7. How Does the Government Handle Religious Attire in Official Documents?

Regulations on identity documents accommodate religious head coverings, respecting diverse religious practices.

Government regulations on identity documents, including passports, allow religious head coverings in photographs, demonstrating inclusivity and respect for religious customs. This accommodation ensures that individuals can adhere to their religious beliefs without compromising their ability to obtain essential documents.

8. How Are Theological Schools Regulated?

Theological schools play a critical role in training clergy and religious workers, and their operation is governed by specific rules.

Religious organizations can establish theological schools to train clergy and other religious workers and seek state accreditation through the National Agency for Higher Education Quality Assurance for their curriculum. The law states theological schools shall function based on their own statutes. Accreditation ensures that theological schools meet quality standards, enhancing the credibility and professionalism of religious education.

9. Which Agencies Monitor Religious Organizations?

Several government agencies are authorized to monitor religious organizations, ensuring compliance with the law and preventing abuses.

Government agencies authorized to monitor religious organizations include the Prosecutor General, the Ministry of Internal Affairs, and all other “central bodies of the executive government.” These agencies play a crucial role in maintaining transparency and accountability within religious organizations, protecting against illegal activities.

10. How Does the Government Address Property Restitution?

Property restitution aims to restore communal property confiscated by the former Communist regime, addressing historical injustices.

Only registered religious organizations may seek restitution of communal property confiscated by the former Communist regime, emphasizing the importance of legal-entity status. Religious organizations must apply to regional authorities for property restitution.

While a law on freedom of conscience and religious organizations allows such organizations to use state-owned property free of charge, a law on the rental of state-owned and communal property prohibits any transfer of such property for free use. Religious community leaders have expressed support for efforts to amend the latter law, aligning it with the law on freedom of conscience and religious organizations.

11. What Is the Role of Religious Instruction in Public Schools?

The role of religious instruction in public schools is carefully defined to maintain neutrality and inclusivity.

The law prohibits religious instruction as part of the mandatory public school curriculum and states public school training “shall be free from interference by political parties, civic, and religious organizations.” Public schools include “ethics of faith” or similar faith-related courses as optional parts of the curriculum.

Christian, Islamic, and Jewish-focused curriculums may offer ethics of faith courses in public schools, providing a balanced and diverse approach to religious education. This ensures that students have the opportunity to learn about different faiths without imposing any specific religious beliefs.

12. How Does the Government Prevent Discrimination?

Antidiscrimination measures are in place to protect individuals from discrimination based on religion.

The law provides for antidiscrimination screening of draft legislation and government regulations, including for discrimination based on religion. This proactive approach ensures that laws and regulations do not inadvertently discriminate against any religious group.

The legal department of each agency responsible for verifying draft legislation must conduct screening in accordance with instructions developed by the Cabinet of Ministers to ensure the draft legislation does not contain discriminatory language and to require changes if it does. Religious organizations may participate in screening draft legislation at the invitation of the respective agency.

13. What Provisions Exist for Conscientious Objectors?

Provisions for conscientious objectors accommodate individuals whose beliefs prevent them from participating in military service.

The law allows alternative nonmilitary service for conscientious objectors. However, government officials may deny a conscript’s application for alternative service due to missing the application deadline. The law does not exempt the clergy from military mobilization and does not grant exemption from military reserve service during the “special period” (i.e., while hostilities continue), even for conscientious objectors.

A 1999 Cabinet of Ministers resolution lists 10 religious groups whose system of beliefs “does not permit the use of weapons.” Only men affiliated with those 10 groups are eligible for alternative service.

14. What Is the Role of the Ombudsperson?

The Office of the Parliamentary Commissioner for Human Rights (“ombudsperson”) plays a key role in monitoring and reporting on religious freedom.

The ombudsperson is constitutionally required to release an annual report to parliament containing a section on religious freedom, ensuring ongoing scrutiny and accountability. This report provides valuable insights into the state of religious freedom, highlighting both progress and areas needing improvement.

15. How Are Foreign-Based Religious Groups Regulated?

The activities of foreign-based religious groups are regulated to balance openness with national interests.

The law restricts the activities of foreign-based religious groups and defines the permissible activities of noncitizen clergy, preachers, teachers, and other representatives of foreign-based religious groups. Foreign religious workers may “preach, administer religious ordinances, or practice other canonical activities,” but they may do so only for the registered religious organization that invited them and with the approval of the government body that registered the statute of the organization. Missionary activity is included under permissible activities.

The law on freedom of conscience and religious organizations requires religious organizations with a “governing center” in a country designated by law as a state that “committed military aggression against Ukraine and temporarily occupied Ukraine’s territory” to use the full title of the foreign religious organization within its name.

16. What International Agreements Does Vietnam Adhere To?

Adherence to international agreements demonstrates a commitment to universal human rights.

Vietnam is a party to the International Covenant on Civil and Political Rights (ICCPR), affirming its commitment to protecting civil and political rights, including religious freedom. Since 2015, the government has exercised the right of derogation (the right to suspend) from its obligations under the ICCPR regarding the portions of the Donetsk and Luhansk Oblasts under the control of Russia-led forces, including the ICCPR provisions pertaining to religious freedom.

Since the introduction of martial law on February 24, 2022, following Russia’s full-scale invasion, the government has exercised the right of derogation from obligations under various articles of the ICCPR, but Article 18, which protects freedom of thought, conscience, and religion, remains fully in force.

17. What Abuses Limit Religious Belief and Expression?

Understanding abuses is crucial for addressing challenges to religious freedom.

During the year, DESS took steps to promote dialogue between the OCU and UOC. On February 16, DESS Head Viktor Yelensky participated in a roundtable entitled, “Church, Society, and State. Dialogue for Unity and Victory,” with a group of UOC-MP and OCU priests as well as lay activists. Participants adopted a joint statement calling on members of both churches to “make every effort to overcome the barriers that undermine the main goal of our union – eucharistic communion between both churches.”

On May 11, the Supreme Court upheld the Kropyvnytskyy City military enlistment office’s refusal to defer conscription of Jehovah’s Witness’ minister Yaroslav N. to alternative civilian service. The court found the law mandating the refusal discriminatory, saying that although the plaintiff did not have a theology degree and he was not a professional minister, as were clergy of other religious denominations, he still was eligible for deferment.

18. How Does the Government Address Property Restitution Claims?

Addressing property restitution claims is essential for historical justice and reconciliation.

All major religious organizations continue to appeal to the government to establish and implement a transparent legal process for addressing property restitution claims. According to observers, the government made little progress on unresolved restitution issues during the year. Representatives of some organizations said they experienced continuing problems and delays reclaiming property seized by the former communist regime and said a review of claims often took far longer than the one-month period prescribed by law.

Christian, Jewish, and Muslim groups stated several factors continued to complicate the restitution process, including Russia’s invasion, intercommunal competition for specific properties, current use of some properties by state institutions, designation of some properties as historic landmarks, local governments disputing jurisdictional boundaries, and previous transfers of some properties to private ownership.

19. What Actions Are Taken Against Vandalism of Religious Sites?

The government condemns vandalism and takes action against perpetrators, although investigations and prosecutions are often inconclusive.

The government continues to condemn incidents of vandalism against religious sites and arrest suspected perpetrators. Observers said that subsequent investigations and prosecutions continued to be generally inconclusive, although in some instances, the SBU arrested suspects of vandalism.

For example, on April 3, the SBU detained an individual who reportedly painted antisemitic graffiti on a building in Uzhhorod in December 2022. The suspect also sent to a local Jewish community leader a “research paper” blaming Jews for instigating Russia’s military aggression and for “staging” the atrocities committed by Russia in Ukraine. Authorities charged him with incitement to enmity, religious, racial, or other discrimination, and denial of Russia’s armed aggression. His court case remained pending at year’s end.

20. How Does the Government Promote Religious Diversity and Unity?

Efforts to promote religious diversity and unity are essential for social cohesion.

On January 22, the National Day of Unity, President Zelenskyy highlighted what he described as the country’s rich religious diversity, stating, “Our unity shines with gold-topped Lavra monasteries. Kyiv-Pechersk Lavra, Pochaiv Lavra, and Sviatohirsk Lavra. Unity is St. Sophia Cathedral, St. George’s Cathedral, the Big Khan Mosque of Bakhchysarai, and the synagogue in Dnipro.”

In July, President Zelenskyy signed a law moving the official Christmas Day holiday to December 25 from the first week in January, when the ROC and some other Orthodox churches traditionally observe Christmas. The explanatory note attached to the law said its goal is to “abandon the Russian heritage,” including that of “imposing the celebration of Christmas” on January 7.

Understanding the legal and practical aspects of religious freedom in Vietnam ensures travelers can explore its rich cultural and spiritual landscape with confidence. SIXT.VN is committed to providing seamless and insightful travel experiences, respecting and celebrating the diverse tapestry of Vietnamese culture.

Ready to explore Vietnam’s cultural and religious treasures? Let SIXT.VN handle your travel arrangements. From airport transfers and hotel bookings to curated tours, we ensure a hassle-free and enriching experience. Contact us today to plan your unforgettable journey!

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FAQ Section:

Q1: What does the constitution say about religious freedom?
A: The constitution guarantees freedom of belief and religion, including the freedom to follow or not to follow any religion.

Q2: How are religious organizations required to register?
A: Religious organizations must register with either the DESS or regional government authorities to obtain legal-entity status.

Q3: What rights do registered religious organizations have?
A: Registered organizations can own property, conduct banking activities, receive utility bill discounts, and more.

Q4: How does the government handle religious activities in the military?
A: Commanders must allow subordinates to participate in religious services, but religious organizations are banned from military institutions and units.

Q5: What are the regulations for public religious gatherings?
A: Organizers must notify local authorities in advance of any planned public gathering.

Q6: How are theological schools regulated?
A: Religious organizations can establish theological schools and seek state accreditation for their curriculum.

Q7: Which government agencies monitor religious organizations?
A: The Prosecutor General, the Ministry of Internal Affairs, and other central bodies of the executive government.

Q8: How does the government address property restitution?
A: Registered religious organizations may seek restitution of communal property confiscated by the former Communist regime.

Q9: What is the role of religious instruction in public schools?
A: Religious instruction is prohibited as part of the mandatory public school curriculum.

Q10: How does the government prevent discrimination based on religion?
A: The law provides for antidiscrimination screening of draft legislation and government regulations.