Is it permissible to promote good value of religions in university in Vietnam?

Is it permissible to promote good value of religions in university in Vietnam?

Pursuant to Article 20 of the Law on Education in 2019 stipulating prohibition of promotion of religions in educational institutions as follows:

Neither religion promotion nor religious rituals are to be conducted in educational institutions of the national educational system, of the State agencies, of political organisations, of socio-political organisations and of the people's armed forces.

Pursuant to Article 6 of the Law on Education in 2019 stipulating the national educational system in Vietnam as follows:

1. The national educational system is an open, transferrable educational system consisting of formal education and continuing education.

2. Educational levels and training qualifications of the national educational system include:

a) Preschool education including junior kindergartens (for children aged 03 – 36 months) and senior kindergartens (for children aged 3 – 5 years);

b) General education with primary education, lower secondary education, and upper secondary education;

c) Vocational education and training at elementary-level, intermediate-level, or college-level and other vocational training programmes;

d) Higher education with university education, master education and doctoral education.

3. The Prime Minister shall make decisions on the approval of the structural framework of the national educational system and the Vietnamese Qualifications Framework; stipulate the training duration, standards of each training level, the minimal learning quantity for qualifications of vocational education and higher education.

4. Within the scope of their duties and authorities, the Minister of Education and Training and Minister of Labour - War Invalids and Social Affairs shall provide for the entrance requirements of college-level and university-level pedagogical and health professions.

As regulations above, it is not permissible to promote good value of religions in university in Vietnam.

In Vietnam: Is it permissible for foreign-invested higher education institutions to integrate the content of religious promotion into the teaching content?

Pursuant to Article 36 of the Law on Higher Education in 2012 (amended by Clause 21 Article 1 of the Law on amendments to the Law on Higher Education in 2018) stipulating higher education programs and textbooks as follows:

1. Training program:

a) A training program includes the targets, knowledge, structure, contents and assessment methods for each subject, academic discipline, training level and output standards according to the national training level framework;

b) Training programs shall be credit-based, include research-oriented programs, application-oriented program and profession-oriented programs; ensure connection between the training levels and disciplines; satisfy training program standards;

c) A foreign training program may be run if it is permitted by a the competent authority of the host country and it has an unexpired license or educational quality certification issued by a lawful training quality assessment organization and complies with intellectual property laws;

d) Higher education institutions are autonomous and responsible for the development, appraisal and introduction of the training programs at college, university, master’s and doctorate levels;

dd) Foreign-capitalized higher education institutions are autonomous and responsible for the development and implementation of the training programs evaluated by a Vietnam’s education quality assessment organization that do not harm the National defense and security, social interests, that do not distort history or negatively impact the culture, ethics, good customs, good traditions and solidarity of Vietnam’s communities as well as the world peace and security, that do not contain religious propagation;

e) The contents of training programs in the form of continuing education are similar to that of the training programs in the form of formal education.

2. Higher education textbooks:

a) Higher education textbooks must specify the requirements for knowledge and skills in the training program of each subject and each profession, aiming for the targets of the training level

b) The Ministry of Education and Training shall organize the compilation of the textbooks for the political theory and National defense subjects;

c) The principals of higher education institutions shall organize the compilation or select and approve the higher education textbooks in accordance with the appraisal from the textbook appraisal council established by the principal;

d) Higher education institutions must implement the provisions on intellectual property and copyright during the use of textbooks and announcement of scientific research works.

3. The Minister of Education and Training shall specify the minimum knowledge volume and requirements that the student must reach after graduated regarding each training level of higher education; specify the compulsory subjects in the training programs of foreign-capitalized higher education institutions; specify the compilation, selection, appraisal, approval and use of higher education textbooks and teaching documents.

As regulations above, foreign-invested higher education institutions is not permissible to integrate the content of religious promotion into the teaching content.

What are criminal responsibilities for violation of infringement upon the freedom of religion in Vietnam?

Pursuant to Article 164 of the Criminal Code in 2015 stipulating infringement upon the freedom of religion as follows:

1. Any person who uses violence, threatens to use violence or otherwise obstructs a person from exercising his/her freedom of religion or forces another person to follow or not to follow a specific religion despite the fact that he/she has incurred disciplinary or administrative penalty for the same offence shall face a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 01 - 03 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence involves abuse of the offender's her position or power;

c) The offence has been committed more than once;

d) The offence results in a demonstration;

dd) The offence has a negative impact on social safety, order and security.

3. The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

As regulations above, a penalty of up to 01 year's community sentence or 03 - 12 months' imprisonment shall be imposed for violation of infringement upon the freedom of religion in Vietnam.

The offender might be prohibited from holding certain positions, practicing his/her profession or doing certain jobs for 01 - 05 years.

Best regards!