Crime of infringement upon the freedom of religion in Vietnam

Crime of infringement upon the freedom of religion in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Right to freedom of religion and folk belief for every person in Vietnam

Rights to freedom of religion and folk belief for every person according to Article 6 of the Law on religion and folk belief 2016 are as follows:

- Every person has the right to freedom of religion and folk belief and the right to follow or not to follow a religion.

- Every person has the right to manifest the faith of religion or folk belief and to perform religious and folk religious rites; participate in festivals; learn and exercise religious law and tenets.

- Every person has the right to pursue a monastic life in religious establishments and pursue education in religious educational institutions and religious organizations’ supplementary courses. Adolescents require the permission of their parents or guardians for pursuing a monastic life in a religious establishment or pursuing education in a religious educational institution.

- Dignitaries, sub-dignitaries and monastics have the right to perform religious rites, to preach and to do missionary work in religious establishments or at legitimate locations.

- People held in detention pursuant to the legislation on temporary detention, people serving time in prison, people sent to a reformatory, compulsory education institution or compulsory rehabilitation center have the right to read scriptures and manifest their faith of religion or folk belief.

- The government shall stipulate detail on the maintenance of the rights defined in Section 5 of the Law on religion and folk belief 2016.

2. Right to freedom of religion and folk belief for foreigners residing lawfully in Vietnam

Rights to freedom of religion and folk belief for foreigners residing lawfully in Vietnam according to Article 8 of the Law on religion and folk belief 2016 are as follows:

- The government of Vietnam respects and protects the right to freedom of religion and folk belief of the foreigners who reside lawfully in Vietnam.

- Foreigners residing lawfully in Vietnam have the right to:

+ Practice religion, practice folk beliefs and participate in religious activities;

+ Practice religion en masse at legitimate locations; 

+ Invite Vietnamese dignitaries, sub-dignitaries and monastics to perform religious rites and preach; invite foreign dignitaries and monastics to deliver sermon;

+ Pursue a monastic life in religious establishments, pursue education in religious educational institutions and attend supplementary courses in religious establishments in Vietnam;

+ Carry religious publications and articles to practice religion pursuant to the laws of Vietnam.

- Foreign dignitaries and monastics who reside lawfully in Vietnam are permitted to give sermon in religious establishments or at legitimate locations in Vietnam.

3. Crime of infringement upon the freedom of religion in Vietnam

Crime of infringement upon the freedom of religion under Article 164 of the Penal Code 2015 is 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:

- The offence is committed by an organized group;

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

- The offence has been committed more than once;

- The offence results in a demonstration;

- 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.

4. Obligations of organizations and individuals when exercising the right to freedom of religion and folk belief in Vietnam

Obligations of organizations and individuals when exercising the right to freedom of religion and folk belief under Article 9 of the Law on religion and folk belief 2016 are as follows:

- Organizations and individuals practicing folk beliefs and participating in religious activities shall adhere to the Constitution, this Law and other relevant legal regulations.

- Dignitaries, sub-dignitaries, monastics, representatives and the managements of folk religious establishments shall be responsible for guiding followers and participants in the practice of folk beliefs and religious activities to abide by the law when practicing folk beliefs and conducting religious activities.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE