State-Sponsored Intolerance against Religious Groups
Vietnam’s constitution permits citizens to “follow any religion or follow
none” and mandates respect and protection for religious freedom.
However, it also authorizes authorities to override human rights, including religious freedom, for reasons of “national security, social order and
security, social morality, and community well-being.” The country’s Law
on Belief and Religion, which went into effect in January 2018, requires
religious communities to formally register their organizations, activities,
and places of worship. It allows only religious organizations that have
operated for at least five years to apply for registration, and it grants
registered organizations status as legal entities.
Roughly 20 percent of Vietnam’s estimated 97 million citizens
identify with a religion. Approximately 8 percent of the population
follow Buddhism, while 7 percent identify as Catholics. Other religious
traditions with a significant presence include Hoa Hao Buddhism, Cao
Dai, Evangelical Protestantism, and Islam. By the end of 2020, the
government had officially recognized a total of 16 religions and 43
religious organizations; however, many groups refused to register for
fear of persecution or concern for their independence, which has led
to both state-sponsored and independent organizations competing
to represent the religion in some cases.
Human rights groups raised concerns that the government of Vietnam
targets religious groups and individuals through online hate speech
and defamation. In 2020, the state-backed “Red Flag Association”
joined with government entities in spreading online propaganda that
promoted discrimination and intolerance against religious groups
and individuals such as Catholic priests, Montagnard Christians, and
independent Cao Dai adherents. The Red Flag Association has been
active since 2017 and was involved in violent incidents attacking the
Catholic community. Although reportedly dissolved in 2018, the association has increasingly moved its operations to online platforms. In
one instance, the Red Flag Association attacked three members of the
Catholic community with derogatory language on its website, calling
them “terrorists” and “brain dead.”
Positive Developments
The government has reportedly made efforts to streamline administrative processes and procedures related to religion by implementing
an interagency, one-stop online platform. The platform is also used
by the government’s Committee on Religious Affairs (CRA), which
monitors and evaluates the implementation of the Law on Belief and
Religion, in addition to coordinating with central and local authorities
to address complaints from religious organizations and individuals.
In February, the Ministry of Public Security issued a circular on the
regulation of detention facilities, which included a provision allowing
prisoner access to religious publications.
In early 2020, the government of Dam Rong District in Lam Dong
Province announced a plan to resettle stateless Hmong Christian
residents in Subdivision 179 and to issue them household registration
documents. For decades, local authorities have discriminated against
Hmong and Montagnard Christian communities in the Northern and
Central Highlands because of their faith and refused to issue them
household registration and identification cards, which are necessary to
access public services such as education and healthcare. If successfully
implemented, Subdivision 179 could serve as a model for central and
local government officials to improve conditions for other ethnic and
religious minority communities.
In September, the government released Pastor A Dao, leader
of the Montagnard Evangelical Church of Christ and one of USCIRF’s
Religious Prisoners of Conscience (RPOC). State authorities had
arrested A Dao in 2016 after he attended the Southeast Asia Freedom
of Religion or Belief Conference, where he had shared the challenges
his church faced from the government.
Cybersecurity and State Secret Laws and
Regulations
Several new laws had potentially negative implications for religious
freedom. Broad and vague provisions in the Cybersecurity Law (effective January 1, 2019) and Protection of State Secrets Law (effective
July 1, 2020) could be used in conjunction with their implementing
decrees and decisions to punish and persecute religious groups and
individuals. For example, according to the State Secrets Law, certain
documents concerning religion and belief—such as meeting minutes
between religious groups and the government—could be classified
as state secrets, while “unauthorized” possession or dissemination
of such information could be grounds for criminal prosecution or
administrative punishment.
Key U.S. Policy
While the United States and Vietnam have close economic and
defense relationships, religious freedom and broader human rights
remain key U.S. concerns. In October 2020, during the 24th U.S.Vietnam Human Rights Dialogue, U.S. officials raised concerns with
their Vietnamese counterparts about religious freedom conditions,
the status of ethnic minority groups, and other related human rights
issues. In April and during the third Ministerial to Advance Religious
Freedom in November, then Ambassador-at-Large for International
Religious Freedom Samuel D. Brownback called on countries, including Vietnam, to release prisoners of conscience.
In August, U.S. Senators Marco Rubio (R-FL) and John Cornyn
(R-TX) sent a joint letter to then Secretary of State Michael R. Pompeo
urging the U.S. Department of State to designate Vietnam as a CPC
for its religious freedom violations and to consider imposing Global
Magnitsky Act sanctions against perpetrators of grave human rights
abuses in that country. While USCIRF has recommended Vietnam’s
designation as a CPC every year since 2002— finding that despite
some areas of progress, “systematic, ongoing, and egregious” violations of religious freedom within the meaning of IRFA persist—the
State Department designated it as a CPC only in 2004 and 2005.
U S C I R F – R E C O M M E N D E D F O R C O U N T R I E S O F PA R T I C U L A R C O N C E R N ( C P C )
53
VIETNAM
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