Drafting the Law on Belief and Religion (amended)

Keywords: Beliefs; Religion; Law on Belief and Religion.

1. Introduction

The right to freedom of thought, belief, and religion is a human right and a fundamental right of citizens falling within the category of civil and political rights recognized in the 1948 Universal Declaration of Human Rights and the 1966 International Covenant on Civil and Political Rights, to both of which Vietnam is a party: “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching”; “Everyone has the right to freedom of thought, belief and religion. This right includes the freedom to have or adopt a religion or belief of one’s choice, and the freedom to manifest that religion or belief, either individually or in community with others, publicly or privately through forms such as worship, prayer, practice and teaching”.

Ensuring the freedom of belief and religion serves as a crucial foundation, contributing to the healthy conduct of religious and belief-related activities for the legitimate interests of believers and religious organizations, as well as for the common good of society. This takes place within the context of Vietnam’s accelerating international integration and exchange, the promotion of great national unity and the pursuit of a life that is both “good in civic life and beautiful in religious practice”.

2. Political basis for drafting the Law on Belief and Religion (amended)

Beliefs and religions are an area that consistently receives the Party’s attention, guided by the principles of “guaranteeing the right to freedom of belief and religion and strictly implementing laws regarding belief and religion” and recognizing that “beliefs and religions represent a spiritual need for a segment of the population and will continue to coexist with the nation throughout the process of building socialism in our country”, “promoting the fine cultural and ethical values ​​and resources of religions for the cause of national development”, “combating activities that exploit belief and religion to affect political security, social order and safety”, “Timely prevention and countering of plots by hostile forces to exploit issues regarding ethnicity, religion, democracy, and human rights, and to incite ethnic division and opposition against the Party, the State, and the great national unity bloc”, “Mobilizing, uniting, and rallying religious organizations, dignitaries, functionaries, clergy and followers to lead lives that are “good for society and beautiful in faith”, Stand alongside the nation and actively participate in patriotic emulation movements and campaigns launched by the Vietnam Fatherland Front and authorities at all levels. Ensure that religious organizations operate on an equal footing in accordance with the law and their State-recognized charters; Paying attention and create conditions to help and support the legitimate needs of believers in religious, belief and spiritual activities. Respect and encourage the promotion of good cultural values, ethics and resources of religions for the cause of building and protecting the Fatherland”. At the same time, Party resolutions also define the task of “continuing to institutionalize and concretize in a timely and comprehensive manner, the Party’s viewpoints and guidelines, as well as Constitutional provisions regarding human rights and the fundamental rights and obligations of citizens;... and clearly defining the responsibilities of state agencies in respecting, ensuring, and protecting human rights and citizens’ rights. Effectively implement the principle that citizens may do anything not prohibited by law; citizenship rights are inseparable from civic obligations, and the exercise of human rights and citizenship rights must not infringe upon national interests or the legitimate rights and interests of organizations and individuals”. It is essential to focus on perfecting the legal system across all sectors, promptly resolving difficulties and obstacles, unlocking and leveraging potential and human resources, creating new momentum for the country’s rapid and sustainable development, upholding democracy, and ensuring and protecting human rights and citizens’ rights...; “Simplifying administrative procedures; eliminate unnecessary procedures that cause inconvenience to citizens and businesses or hinder fair competition; effectively implementing online public services; “Building a digital economy, digital government, and digital society”; “Accelerating digital transformation and the application of science, technology, and innovation in the operations of agencies within the political system; enhancing the effectiveness of national governance and the efficiency of state management across all sectors, while ensuring national defense and security”.

3. Legal basis for drafting the Law on Belief and Religion (amended)

The right to freedom of belief and religion is a right recognized and guaranteed within the legal systems of most countries worldwide including Vietnam in a manner consistent with each nation’s specific socio-political context. The 2013 Constitution stipulates that everyone has the right to freedom of belief and religion, and the right to follow or not follow any religion; religions are equal before the law. The State respects and protects the freedom of belief and religion. No one may infringe upon the freedom of belief and religion or abuse belief or religion to violate the law.

On June 16^th, 2025, the National Assembly issued Resolution No. 203/2025/QH15 amending and supplementing a number of articles of the Constitution of the Socialist Republic of Vietnam and enacted the Law on Organization of Local Government No. 72/2025/QH15, establishing the legal basis for the organization of a two-level local government system. Furthermore, pursuant to Clause 2, Article 11 of Resolution No. 190/2025/QH15 dated February 19^th, 2025, of the 15^th National Assembly regarding the handling of issues related to the reorganization of the state apparatus, “agencies and competent persons must issue legal documents within their authority or submit proposals to competent authorities for the issuance of legal documents... to address documents affected by the reorganization of the state apparatus, ensuring completion by March 1^st, 2027”. The Law amending and supplementing a number of articles of the Law on Organization of the National Assembly No. 62/2025/QH15 stipulates: “The Law only regulates issues of stability, long-term value, and policy contents with principles and orientations under the authority of the National Assembly; Specifically regulate matters related to human rights, the rights and obligations of citizens and issues with a significant impact on social life. Regarding sector-specific state management, novel issues aimed at fostering development, and matters lacking practical precedent, authority is delegated to the Government and state agencies to further elaborate on the Law's provisions and implement decentralization ensuring alignment with the implementation capacities of respective agencies, organizations and local authorities at all levels, while timely meeting socio-economic development requirements at each stage; In principle, it does not prescribe matters concerning administrative procedures, professional or technical processes and standards or content subject to frequent change.

4. Practical basis for formulating the Law on Belief and Religion (amended)

Over more than eight years of implementation, the 2016 Law on Belief and Religion has played a significant role in ensuring the right to freedom of belief and religion for individuals and organizations, at the same time enhancing openness and transparency in the operations of state agencies. However, in light of the urgent need to reorganize and streamline the state apparatus, vigorously reform administrative procedures and management methods, and accelerate the application of science and technology in state management, the 2016 Law on Belief and Religion (effective from January 1^st, 2018, to September 30^th, 2025) has revealed certain limitations and challenges, specifically:

Firstly, the Law on Belief and Religion lacks regulations regarding the principles and responsibilities of agencies, organizations and individuals when conducting belief and religious activities in cyberspace

Decree No. 95/2023/ND-CP, issued by the Government on December 29^th, 2023, detailing a number of articles and measures for the implementation of the Law on Belief and Religion, has partially defined the organizational forms for religious activities and for fundraising or the receipt of sponsorship in cyberspace, whether conducted entirely online or through a combination of in-person and online methods. However, gaps and shortcomings still persist during implementation, specifically:

Regarding the scope of implementation, Decree No. 95/2023/NĐ-CP is currently limited to regulations on the execution of administrative procedures, specifically shifting the method of execution from in-person to online or a combination of both for religious activities and activities involving fundraising or the receipt of sponsorships. In contrast, neither the 2016 Law on Belief and Religion nor Decree No. 95/2023/NĐ-CP contains similar provisions for activities related to beliefs.

About the principles for conducting belief and religious activities in cyberspace, Decree No. 95/2023/NĐ-CP outlines certain requirements to be observed when organizing religious activities or conducting fundraising and receiving donations, whether online or through a hybrid of in-person and online formats. However, these principles remain general rather than specific, such as the requirement to comply with the Constitution, the Law on Belief and Religion, regulations on information and communications and other relevant legal provisions.

Regarding the responsibilities of individuals and organizations engaged in belief and religious activities in cyberspace, the 2016 Law on Belief and Religion does not yet contain provisions binding such individuals and organizations to specific responsibilities in the online environment.

In the current context, online religious and spiritual activities represent not only a novel phenomenon but also an inevitable reality of the digital age. This situation creates an urgent need to refine the legal framework governing these activities, establishing a legal environment that not only safeguards the freedom of belief and religion and facilitates the lawful conduct of genuine religious and spiritual practices to meet the public’s diverse needs, but also helps prevent the abuse of such activities to violate the law, propagate superstition or infringe upon the interests of the State and the legitimate rights and interests of individuals and organizations.

Therefore, it is essential to establish comprehensive regulations governing belief and religious activities in cyberspace; this entails going beyond mere administrative procedures to formally recognize within the Law on Belief and Religion (as amended), the right of individuals and organizations to conduct such activities online; Stipulating the principles that individuals and organizations must observe when engaging in belief and religious activities in cyberspace, as well as the responsibilities of individuals and organizations conducting such activities in cyberspace; Responsibilities of competent state agencies and telecommunications enterprises regarding the prevention, detection and strict handling of violations of the law on belief and religion in cyberspace.

Secondly, in order to operate the two-tier local government organizational model given that the 2016 Law on Belief and Religion has not yet been amended, the Government issued Decree No. 124/2025/ND-CP dated June 11^th, 2025, regulating the decentralization and delegation of powers; Delineation of the authority of two levels of local government regarding ethnic affairs, beliefs, and religions (Decree No. 124/2025/NĐ-CP). Regarding the total scope of authority and tasks assigned to the Government, ministries and local government levels (provincial, district and commune People’s Committees) under the 2016 Law on Belief and Religion and Decree No. 95/2023/NĐ-CP, a process of decentralization and delegation of authority has been implemented specifically, 101 powers and tasks have been delineated, with the Ministry of Ethnic Affairs and Religion holding 43 of them; Provincial-level People’s Committees (28); specialized agencies for ethnic, belief and religious affairs (15) and commune-level People’s Committees (15). Currently, the reorganization and operational structure of the two-tier local government system have rendered certain provisions of the 2016 Law on Belief and Religion, specifically those concerning the authority of district-level People’s Committees inappropriate; therefore, it is necessary to review, amend and supplement the Law to appropriately transfer the functions and authority of district-level People’s Committees to provincial or commune-level authorities.

Thirdly, in the context of implementing the two-tier local government organizational model and to promptly meet practical requirements while ensuring the continuity and smooth operation of the organizational structure, the Government issued Decree No. 124/2025/NĐ-CP. This decree covers 56 administrative procedures across three levels: 23 at the central level, 24 at the provincial level and 9 at the commune level. Therefore, when amending the Law on Belief and Religion, the regulations regarding the responsibility for receiving and processing administrative procedures need to be adjusted accordingly; specifically, the responsibility of district-level People’s Committees for receiving and processing such procedures should not be stipulated.

5. Conclusion

Based on the aforementioned political, legal, and practical grounds, it is necessary to conduct a study to comprehensively amend the 2016 Law on Belief and Religion. This aims to address the limitations and inadequacies encountered during the law's implementation while retaining provisions that remain relevant, thereby creating more favorable conditions for individuals and organizations to exercise their right to freedom of belief and religion and continuing to promote the democratic and civilized values ​​of humanity and socialism; Continuing to implement the decentralization and delegation of authority in the fields of belief and religion; enhancing the application of information technology and digital transformation and simplify administrative procedures in these areas. Since, this contributes to further facilitating matters for individuals and organizations, ensuring the continuous and seamless operation of the system of agencies and competent authorities without interruption and enhancing the effectiveness and efficiency of state management, all in alignment with the policies regarding the organization of the state management apparatus implemented recently and planned for the period ahead.

* Head of the Government Committee for Religious Affairs

References

1. Resolution No. 24-NQ/TW dated March 12^th, 2003, of the 9^th Party Central Committee on ethnic affairs in the new situation.

2. Resolution No. 25-NQ/TW dated March 12^th, 2003, of the 7^th Plenum of the Party Central Committee (9^th Tenure) on religious affairs.

3. Resolution No. 27-NQ/TW dated November 9^th, 2022, of the 6^th Plenary Session of the 13^th Party Central Committee on continuing to build and perfect the socialist rule-of-law State of Vietnam in the new period.

4. Resolution No. 43-NQ/TW dated November 24^th, 2023, of the 8^th Plenum of the 13^th Party Central Committee on continuing to uphold the tradition and strength of great national unity and building an increasingly prosperous and happy country.

5. Resolution No. 57-NQ/TW dated December 22^th, 2024, of the Politburo on breakthroughs in the development of science, technology, innovation and national digital transformation.

6. Resolution No. 66-NQ/TW dated April 30^th, 2025, of the Politburo on innovating law-making and law implementation to meet the requirements of national development in the new era.

7. Directive No. 49-CT/TW dated October 20^th, 2015, of the Secretariat on strengthening and innovating the Party’s mass mobilization work in ethnic minority areas.