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VIETNAM ACADEMY OF SOCIAL SCIENCES INSTITUTE OF SOCIAL SCIENCES NGUYỄN THỊ ĐỊNH THE IMPLEMENTATION OF LAWS ON RELIGION IN PROVINCES OF THE CENTRAL HIGHLANDS REGION Faculty: Constitutional and Administrative Law Code: 38 01 02 SUMMARY OF DOCTORAL THESIS HA NOI – 2020 Training institution: the Institute of Social Sciences Scientific instructor: Assoc Prof., Dr Lê Văn Long Reviewer 1: Prof., Dr Đào Trí Úc Reviewer 2: Assoc Prof., Dr Lê Thị Hương Reviewer 3: Assoc Prof., Dr Nguyễn Văn Mạnh The doctoral thesis "Implementation of Law" will be defended before the Commission for Evaluation of Doctoral Dissertation of the Institute of Social Sciences at … ………………………, 2020 The doctoral thesis can be accessed at: - Hanoi National Library - The Library of the Institute for Social Sciences INTRODUCTION The imperative for the research thesis Social administration by the rule of law is the most effective method in all social fields including the religious one However, for a law to come to the real life and help creating social stability and order, the improvement of its written legal system is not sufficient and the way for effectively implementing and enforcing the enacted law is of great importance The Central Highlands is a strategic region in terms of national defense, economy and ecological environment in the country It‟s also an area where large numbers of ethnic minorities reside and practice religions of Buddhism, Catholicism, Protestantism, Caodaism, Hoa Hao Buddhism, Baha‟i and Minh Su Faith According to statistics of the committee for religious affairs in the provinces of the Central Highlands, the region, by the end of 2019, had over 2,268,000 religious followers with more than 16,000 religious dignitaries, deacons and clerics, and 1,309 religious places In the cause of national construction, most followers of religious organizations have well observed state laws, stayed closely attached to and accompanied with the nation, trusted the leadership of the Party and State, and proactively joint patriotic emulation movements, contributing to strengthen the great national unity bloc and boost development in the country Besides, there are certain challenges and difficulties in the implementation of laws (IOL)on religion, due to negative impacts of many factors, such as: the market mechanism, international exchanges and integration; weaknesses and limitations in the leadership and management of several Party organs and state bodies; lack of understanding of state policies and laws on religion by parts of Party members, state officials and public servants; remaining obstructions of the exercise of people‟s right to freedom of religion; formal, indeliberate and irregular IOL on religion in remote and ethnic minority areas; the existence of a group of religious dignitaries, deacons, clerics and followers who abuse the state policies and laws for carrying out unlawful religious practices; many religious practices sought to be free from the state management; a group of religious dignitaries, deacons, clerics and followers abused by hostile political elements for interferences in internal affairs of the State; remaining discrepancies in the written legal system, the law implementation, the inspection of the law implementation and the coordination amongst concerning state authorities in the state administration and the implementation of state laws, etc These remaining discrepancies and problems have led to confusion and disunity in solving issues relating religious practices, and reducing effectiveness and efficiency of the state administration on religion Upon this understanding and with a wish to theoretically and practically clarify these imperative issues on the IOL laws on religion in the Central Highlands region, and point out positive outcomes as well as limitations for recommending explanations and measures for ensuring the efficiency of the IOL on religion, the thesis “The Implementation of Laws on Religion in the Provinces of the Central Highlands Region” has been considered as necessary and thus chosen as the doctorate dissertation of law Purpose of research The general purpose of the thesis is a research for establishing scientific arguments in order to recommend measures for ensuring the efficiency of the IOL on religion in the Central Highlands region, contributing to realize state policies and laws and guarantee the right to freedom of religion in Vietnam at present Subjects and scope of study Subjects of study: basic theories of the IOL on religion; the system of laws on religion in Vietnam from 2004 to present; the practical IOL on religion in the provinces of the Central Highlands region Scope of study: The thesis studies theoretical issues of the IOL on religion; the practical IOL on religion, mainly provisions of laws directly adjusting the structure and affairs of religious organizations; studies based on data and information reflecting the practical IOL on religion in five provinces of the Central Highlands region from 2004 to present Theoretical foundation and research method of the thesis The research thesis uses viewpoints of Marxism – Leninism and Ho Chi Minh‟s thoughts on the origin of religion and the process of formation and development of religion; viewpoints of the state and the rule of law; viewpoints of the Party and State on religion and the protection of the right to freedom of belief and religion, and the IOL on religion In addition, the dissertation mainly uses the following basic methods of scientific research: - Systematic method: this method was used in Chapter for recognition, classification and studies of written materials on religion and relating religion, state laws on religion and the IOL in the provinces of the Central Highlands, in Vietnam and some world countries - Logic method: this method was applied in chapters 2, and In Chapter 2, the author generally mentioned legal theories on religion before studying theoretical foundations of the IOL on religion On the other hand, the thesis also pointed out logical relations throughout chapters and sections Explanations on theories in Chapter would provide foundations for the assessment of the IOL on religion in Chapter Based on that, Chapter would suggest views and measures for implementing laws on religion in localities of Central Highlands - Historical method: the method was used for assessment of current laws on religion and the implementation of these laws in the Central Highlands region Political, economical and social conditions together with existing provisions of laws on religion would be the key for accurate assessment of the actual IOL on religion in the Central Highlands localities Analytical – synthetic method: this method was used in chapters 2, and The thesis has analyzed concepts of law and IOL on religion, the characteristic, role, subject, and content, form, affecting factor, view and measure for the IOL on religion in Central Highlands provinces - Statistic method: This method has been mainly used in Chapter 3, in combination with the logic and analytical – synthetic methods Data collected would serve as evidence for explanations stated in the assessment of the actual IOL on religion in the provinces of Central Highlands New scientific contributions of the thesis Besides heritages from related theses of scientific works that have been proclaimed, the thesis has new contributions on the following contents: - The thesis contributed to systemize and explain the IOL on religion and at the same time point out concepts, characteristics, roles, subjects, contents and influencing aspects of the IOL on religion - It also pointed out issues affecting the implementation of state laws on religion in the Central Highlands provinces, such as the politics, the state apparatus, demography, literacy and culture, etc - The thesis has looked at limitations and remaining issues in current state laws on religion as well as the IOL on religion in the Central Highlands region, with clarifications on causes of such limitations and entanglements - It has raised viewpoints and recommended a set of measures for the IOL on religion in the provinces of the Central Highlands, based on analyses of the practical IOL on religion in these five provinces over the past years Scientific and practical value On scientific value: the thesis has studied and clarified theoretical and practical issues of the IOL on religion in the provinces of the Central Highlands region, and made contributions, based on these studies and clarifications, to verify theoretical aspects of people‟s right to freedom of belief and religion The dissertation has also provided explanations on the impacts of the politics, the state apparatus, demography, literacy and culture, society on the IOL on religion in the region On practical value, research results and recommendations of the thesis would have great impacts in proposing measures for implementing state laws on religion in the provinces of the Central Highlands region The thesis can be used as a reference for research and teaching works on the science of law in general, and law on religion and its implementation in particular, and state officials and public servants assigned with the state administration on religion Structure of the thesis In addition to the introduction, the conclusion and the list of research papers of the author that have been proclaimed, the list of references and the appendix, the thesis has chapters with 12 sections Chapter OVERVIEW OF STUDIES RELATING THE THESIS 1.1 Related studies Looking back at research projects relating the thesis (both domestic and abroad), achieved results of these studies can be seen, specifically as followed: - Authors of these related studies unanimously agree that: the leadership of the Party, the administration of the State, the role of the political system at administrative levels, the people‟s voluntary and active participation for social, cultural, economic, environmental and security-defense development have been factors supportive to the efficient implementation of state policies and laws in general, and policies and laws on religion in particular The role of religious organizations in the social life is of great potential as religious organizations altogether have a great resource If the State pays due care, protects people‟s legitimate right to freedom of religion, encourages and obtains trust of religious dignitaries, deacons and clerics in the state power, this resource would be maximally promoted; and on the contrary, if their faith is not satisfactorily met and when they are instigated by bad elements, they would become the counterforce for social development Demonstrations in the Central Highlands in 2001, 2004 and 2008 were evidence supporting this argument - With various approaches, authors of these related studies have fairly reflected the current religious life in Vietnam as well as in Central Highlands, and the Vietnam laws on religion in the past years The introduction of religion in the Central Highlands region has somehow brought changes to local people‟s life in cultural, spiritual and economic aspects, etc Particularly, a large number of people in the region have renounced the traditional worship and converted to a religion, or changed from one religion to another For examples, the phenomenon “Ho Chi Minh Spiritual Practice”, or called “Bac Ho (Uncle Ho) Faith” having appeared in many Northern delta provinces earlier has also come to the Central Highlands region, and the convert from one to another Christian sect, etc - The consideration of advantages, difficulties, positive aspects and limitations of the legal system on religion in Vietnam in the previous years as a main cause leading to results of the IOL on religion The legal system that is complete and suiting to the social and religious life would be an important motivation and chain for the state authorities and social organizations to accept and efficiently implement it On the contrary, when the law system is insufficient, inadaptable or even outdated, it would become an obstruction making the implementation of this legal system in general and laws on religion in particular inefficient 1.2 Related issues that earlier dissertations had not looked at - Although there have been many research projects related to belief and religion, research works related state laws on belief and religion are only papers to be presented at seminars or published in magazines with few references In 2016, the Institute for Studies of Religious Policies under the Government Committee for Religious Affairs undertook Investigation Project on the process of implementing state policies and laws on belief and religion in Vietnam – practical reality and solutions This is the first research work mentioning contents of investigation and survey most close to this PhD thesis With the purpose of investigating the the process of implementing policies and laws on belief and religion in Vietnam, the investigation project has initially raised several related concepts, as well as the overview of the implemeting process of laws on belief and religion nation-wide, some factors affecting the implementation of policies and laws, and soluditions drawn from this investigation and survey However, with the afore-mentioned purpose, this research project is limited to the investigation and survey of the implemeting process of laws on belief and religion across the country, so its related contents only provide the general assessment, without a theoritical conclusion of the IOL on religion Especially, due to lack of thorough studies on the IOL on religion including the IOL on religion in Central Highlands, the investigation project is limited to investigating data, without specific investigation of the IOL on religion On the other hand, there have been several research works for postgraduate and doctorate studies, as well as research projects at national and ministerial levels relating religion, they had been all completed a long time ago There are several PhD theses relating religion undertaken recently, but they are mainly about studies on laws on religion or the state management on religion - Most of works with contents close to the chosen PhD thesis “IOL on religion in the Central Highlands provinces are incomprehesive and inadequate The theoritical studies and assessment on the IOL on religion in the provinces of Central Highlands have not been entirely perceived - Some works of studies have mentioned a certain angle of the IOL on religion, such as the recognition of religious organizations, registration of religious groups‟ activities However, as this angle is just one of contents of the IOL, these studying works are incomprehensive and not entirely reflect the IOL on religion - Several other studying projects have mentioned economic, political and legal solutions, including the completion of the legal system on religion Nevertheless, the basic solutions for efficiently implementing laws on religion have not been approached - Undertaken studying projects havenot actually recommended specific solutions for overcoming legal gaps in realizing the position and role of laws on religion and the IOL on religion in the provinces of the Central Highlands region Results of the above-mentioned studying works have been regarded as precious preferences in completing this PhD thesis The author of this doctorate thesis respects all results of these works and inherits selected results for achieving the purpose of the thesis 1.3 Issues to be studied Through assessments of studied projects, the author of this doctoral thesis has recognized issues that need to be further studied and have not been looked at or only been looked at a certain angle in these research projects The issues need to be further studied are specifically as followed: - Clarifying the theoretical foundation and practical reality of the IOL on religion and the IOR on religion in the region of Central Highlands provinces, with analyses on characteristics, roles, subjects, contents, forms and factors affecting the IOL on religion - Objectively gauging the practical reality of the IOL on religion in the locality of Central Highlands region This assessment must be based on the assessment of the existing laws on religion, the current political system, the state apparatus, the economy, demographical characteristics, people‟s literacy, socialcultural factors affecting the IOL on religion in the Central Highlands region, the organizational structure for IOL and practical reality of the IOL on religion in this region - Offering viewpoints and recommending sets of measures for ensuring the IOL on religion in the locality of the Central Highlands region Based on the theoritical foundation and reality as analyzed above Chapter THEOTITICAL ISSUES OF THE IMPLEMENTATION OF LAWS ON RELIGION 2.1 Concepts, characteristics and roles of the implementation of laws on religion 2.1.1 Concepts of the implementation of laws on religion 2.1.1.1 Concepts of religion and law on religion ‘Religion’ is the belief in one or several worshipping figures with a system of teachings, rules, rites and an organizational structure „Law on religion‟ is the set of legal provisions enacted by state authorities for adjusting social relations arising from the exercise of the right to freedom of belief and religion, religious organizations, fundamental rights and obligations of state organs, organizations and individuals relating religious affairs 2.1.1.2 Concept of the implementation of laws on religion The implementation of laws on religion is a process of activities with the purpose set out by law makers for making law provisions to come into the real life, become actual and lawful behaviors, to guarantee the right to freedom of religion, religious affairs, religious organizations, and fundamental rights and obligations of institutions, organizations and individuals concerning practices of religion 2.1.2 Characteristics of the implementation of laws on religion Firstly, it‟s a form of performances of the state function and tasks Secondly, it actualizes law provisions and leads to actual and lawful behaviors of legal subjects of the IOL Thirdly, It‟s undertaken in accordance with proceedings and procedures prescribed by the law 2.1.3 Roles of the implementation of laws on religion Firstly, it contributes to bring laws into the real life, guarantees everyone‟s right to freedom of religion according to the Party‟s viewpoint and State‟s policy Secondly, it helps people, institutions and organizations fully and correctly understand the right to freedom of religion as well as limits of the exercise of the right to freedom of religion Thirdly, it contributes to prevent and reduce violations of law, and timely handle behaviors violating laws on religion Fourthly, it helps popularize and disseminate laws, promote legal education, and build lawful habits and styles of living and working 2.2 Subjects, contents and forms of the implementation of laws on religion 2.2.1 Subjects of the implementation laws on religion Subjects of the IOL on religion are those engage in social relations and religious affairs to be adjusted by laws on religion, specifically: Firstly, institutions and organizations (including religious organizations), namely Party organs, Vietnam Fatherland Front and its member organizations, the Socialist Republic of Vietnam, state bodies in charge of the state management on religion, advisory bodies of the state management on religion, religious organizations, subordinate religious organizations, organizations given certificates for religious affairs Secondly, individuals, including state officials and officers tasked with the state management on religion and all people (including dignitaries, deacons, clergymen, clerics and lay people of religious organizations) 2.2.2 Contents of the implementation laws on religion 2.2.2.1 Principles in the State of Vietnam’s policy on the exercise of the right to freedom of belief and religion These principles are stipulated in Article 24 of the Constitution 2013 and the Law on Belief and Religion 2018 2.2.2.2 Implementation of law provisions on registration for group religious activities Every individual has the right to practices of religion, but when they gather to practice religion in groups, the State requests religious groups to register with the commune-level People‟s Committee for group religious activities Legal provisions for registration of group religious activities have been specifically stipulated in Directive 01/2005/CT-TTg; Decree 92/2012/NDCP and the current Law on Belief and Religion 2.2.2.3 Implementation of law provisions on grant of registration certificate for religious affairs This is the right of religious organizations called “pre-religion” When meeting conditions prescribed by law provisions, these religious organizations are entitled to register religious affairs with competent state authorities Law documents on religion also specifically stipulate on proceedings, procedures and approving competence for religious organizations to apply for the religious affairs registration certificate After receiving the registration certificate for religious affairs, the organization is entitled carry out certain affairs 2.2.2.4 Implementation of law provisions on organizational structure of religious organizations Firstly, recognition of religious organizations; establishment, division, separation, incorporation and merger of subordinate religious organizations Secondly, ordainment, appointment, election, nomination, transfer, dismissal and discharge of duty of dignitaries, deacons and clerics Thirdly, training institutions and religious fostering classes and attitude, and the operation of the political system; together with the social democracy and social-political atmosphere 2.3.2 Legal factor This factor plays an important role because the IOL on religion is the purposeful act by law makers for bringing legal principles and regulations to people, religious individuals and organizations, efficiently enforcing the right to freedom of religion The guarantee by law means that all acts of individuals and organizations in the society are all equally guaranteed in accordance with the law, without bias or prohibited zones for any individual or organization 2.3.3 Organizational apparatus factor The state apparatus has a certain influence on the IOL on religion The State organs tasked with the IOL on religion should be scientifically established with clarified functions, tasks and competent power, etc for rapidly handling daily works without overlapping Besides the organizational factor of the state management on religion, there is a factor involved the contingent of personnel tasked with the advisory work for the state administration on religion and the IOL on religion, which also plays an important role 2.3.4 Economic factor The economic factor means all socio-economic conditions and situation, the system of social policies and the implementation of these policies in practical reality 2.3.5 Religious factor The religious factor plays a very important in the IOL on religion Each religious organization has its own organizational structure, teachings, rules, charter and worshipping figures The efficient IOL on religion requires institutions and organizations to understand the role of religious organizations as well as factors creating such organizations 2.3.6 Social-cultural factor The healthy social-cultural environment is a prerequisite condition for ensuring social security and public order for people The cultural factor is often associated with a certain social space where individuals and communities organize activities together for living, works, sharing, creation and recognition of cultural values, lifestyles, custom, rituals, etc, which all affect strongly activities of the IOL on religion Chapter PRACTICAL REALITY OF THE IMPLEMENTATION OF LAWS ON RELIGION IN THE PROVINCES OF CENTRAL HIGHLANDS REGION 3.1 Practical situation of laws on religion in Vietnam from 2004 to present 3.1.1 Provisions of laws on religion 10 In this period, undertakings, policies and laws on religion have been increasingly developed and further improved, in both contents and forms In regards to the legal form, the legal document has been uplifted to an ordinance, and now a law code (before 2004, the highest legal document is a decree) For contents, laws on religion in this period have fairly provided sufficient stipulations on belief and religion In the field of belief, enacted legal documents have stipulated on principles for organizing practices of belief, registration for practices of belief, belief festival and management of fund collected by belief establisments, etc For religion, the enacted legislations have specific provisions on conditions, preceedings, procedures and competent bodies for registration of religious activities, application for certificate of religious affairs, recognition of religious organization; establishment, division, separation, incorporation and merger of subordinate organizations; establishment of religious training institution, conference and congress and religious festival of religious organizations, subordinate religious organizations; fund-raising and donation of religious organizations, suborganizations; activities in the fields of education, health and charity; religious affairs involved foreign elements; contents of the state management on religion, etc 3.1.2 Assessment of current laws on religion 3.1.2.1 Advantages Firstly, current laws on religion have grasped and creatively applied viewpoints of Maxism – Leninism, Ho Chi Minh‟s thought, and viewpoints of the Vietnam Communist Party on religion Secondly, existing laws on religion creates an effective tool for combatting schemes and abuses of religion used against our Party and State Thirdly, the enacted laws on religion make an important contribution in consolidating the national unity bloc and gathering the internal strength of the whole nation for social-political stability and economic development Fourthly, contents and forms of laws have wittenessed many changes in this period 3.1.2.2 Limitations Firstly, some necessary contents have not been prescribed in the laws on religion Secondly, the implementation of some law provisions on religion still need application of legal provisions on other fields, leading to some implementing difficulties and limited efficiency Thirdly, the current legal system on religion still lacks provisions for sanction of violations 11 Fourthly, there‟re discrepancies of legal documents on the function, tasks, competent power and organizational apparatus of the advisory bodies of the state management on religion at administrative levels 3.2 Practical situation of factors affecting the implementation of laws on religion in the provinces of Central Highlands region 3.2.1 Politics For previous years, the social-political environment in the Central Highlands region has been fairly stable This stability has consolidated confidence in the leadership of the Communist Party amongst the contingent of state officials and personnel as well as religious individuals and organizations, and enhanced political views and thoughts of public authorities in enforcing the laws on religion Beside, the political attitude of those engaging in the IOL on religion, democratic characteristics and nature in the Central Highlands provinces have brought certain impacts on the IOL on religion for the past years 3.2.2 Organizational apparatus Currently, the apparatus of the advisory body of the state administration on religion in the provinces of Central Highlands has not been appropriate with tasks assigned The administrative position and role of the advisory body of the state administration on religion has been increasingly reduced, the personnel tasked with the state administration on religion have not been properly and professionally trained, and the merger of the provincial committee for religious affairs with the provincial home affairs department, and of the district office of religious affairs with the district office for home affairs have adversely brought psychological impacts on working personnel and affected the IOL on religion more or less 3.2.3 Economy The economic life of people in Central Highlands region has been gradually improved; however, the income average in this region is still low as compared with the national level, and the number of poor households is still high in comparison with other regions in the country, so the economic life has somehow psychologically affected state officials, public servants and local people in the provinces of Central Highlands, created adverse impacts on the quality of life of the ethnic communities, and had direct influences on the IOL on religion 3.2.4 Characteristics of demography and people’s literacy Central Highlands is a region with unique features and nuances of many ethnic groups According to the general survey on population and houses in 2019, the five provinces of Central Highlands have a population of over 5.8 million In addition to polytheistic beliefs, there are four major religions of Catholicism, Buddhism, Protestantism and Caodaism in the region with 12 organizations recognized by the State, and also several other religions also operative in Central Highlands According to reports from the Central Highlands provinces, the region is currently home to over 2,268,000 followers of religions, with 16,044 dignitaries, deacons and clerics, and 1,309 religious places The Central Highlands has a diverse population with many racial groups and various intellectual levels However, the average literacy is not of any high level, creating a constraint that greatly affects the process of the IOL on religion In some areas, people‟s intellectual level is quite low; some parts of the population still practice small and simple cultivations as main economic activities for creating family incomes; some custom rules influential for quite many people would affect the quality and efficiency of the IOL on religion in this region 3.2.5 Social-cultural environment in Central Highlands The Central Highlands region is a region with a rich, diverse and harmonious culture of many ethnic groups, creating a unique cultural identity Due to urbanization and human factors, many fine cultural, traditional values have increasingly disappeared The return of many depraved customs created deviant cultural traditions and social moral The gradual disappearance of traditional values is one of causes leading to the infiltration of Protestantism, Catholicism and new religious phenomena, etc The outdated and depraved customs have created many difficulties in the dissemination and the IOL on religion here Beside, social issues and opinion have somehow affected the IOL on religion 3.3 Practical reality of the implementation of laws on religion in provinces of Central Highlands 3.3.1 Assessment of the apparatus of the advisory body of current state administration on religion in provinces of Central Highlands The apparatus of the advisory body of current state administration on religion in provinces of Central Highlands region from 2008 to present has witnessed many changes The provincial committee for religious affairs in provinces, an independent organ under the provincial People‟s Committee (an equal status of provincial departments and agencies), has come under the provincial department of home affairs (with status reduced to division level) The merger with the home affairs sector has contributed to reduce the number of provincial and district organs However, the merger of the provincial committee for religious affairs of provinces in Central Highlands with the provincial department of home affairs, and of the district office for religious affairs with the district office of home affairs, has brought discrepancies: it has not met the assigned tasks of the advisory work of the state administration on religion, affected the activeness in 13 task performances, as well as the coordination between concerning state bodies, and brought overlapping in performances of assigned tasks as well as left out tasks The personnel tasked with the advisory work of the state administration on religion have not been properly trained; at the grassroots level, there is a shortage of both the sufficient number of personnel and the needed professional capacities; many young working personnel lacked experiences so they have not performed the advisory work with any high level of efficiency 3.3.2 Current practice of the implementation of laws on religion in provinces of Central Highlands from 2004 to present 3.3.2.1 The issuance of guiding documents for implementing laws on religion In order to implement laws on religion across the country generally and in the provinces of Central Highlands particularly, the Party Secretariat, Government Office, Ministry of Home Affairs, Government Committee for Religious Affairs and Steering Committee for Central Highlands have issued many plans and notifications Especially, after the Law on Belief and Religion was enacted in 2016, the Prime Minister issued Decision no 306/QĐ-TTg releasing a plan for implementation the new law, and Minister of Home Affairs also signed Decision No 1090/QĐ-BNV dated March 29, 2017 Implementing these documents, the People‟s Council and the People‟s Committee in provinces of Central Highlands have released many decisions, plans, notifications for guiding the implementation of the new law on religion, contributing to create a consistent and unified system of documents on the organization and operation in the field of religion 3.3.2.2 Implementation of law provisions on registration for group religious activities The total number of religious groups registered for religious practices together in the provinces of Central Highlands from 2004 to the end of 2018 was 974 The number of unregistered group was 330 3.3.2.3 Implementation of law provisions on registration for religious affairs Up to now, although law provisions on registration for religious practices have been specifically and clearly stated from conditions to relating contents, there has not any religious group or organization in the provinces of Central Highlands applied for registration of an independent religious organizations operating in one of these provinces, or more than one provinces but with the headquarters of the organization located in the Central Highlands region 3.3.2.4 Implementation of law provisions on apparatus of religious organizations Firstly, recognition of religious organizations; establishment, division, separation, merger and incorporation of subordinate religious organizations: 14 Regarding the recognition of religious organizations, over 2,268,000 followers of religions with 16,044 dignitaries, deacons and clerics, and 1,309 religious places in Central Highlands belong to religious organizations recognized by the State with headquarters based in other provinces and cities in the country Heads of provincial People‟s Committee (by the Ordinance on Belief and Religion 2004) and People‟s Committees (by the Law on Belief and Religion 2016) in provinces of Central Highlands have not recognized any religious organizations operating within one province in the Central Highlands region For establishment, division, separation, merger and incorporation of subordinate religious organizations, according to reports from provinces, there have been 408 subordinate religious organizations established, divided, separated, incorporated or merged in localities in Central Highlands in the 2004-2019 period (Dak Lak: 80; Lam Dong 187; Gia Lai 16; Dak Nong 99; Kon Tum 26) Secondly, ordainment, appointment, election, nomination, transfer, dismissal and discharge of religious dignitaries, deacons and clerics: Regarding the ordainment, appointment, election, nomination and transfer of religious dignitaries, deacons and clerics, there have been nearly 3,000 cases of ordainment, appointment, election, nomination and transfer of religious dignitaries, deacons and clerics in the localities of the Central Highlands provinces in 2004-2019 period For dismissal and discharge of religious dignitaries, deacons and clerics in 2004-2019 period, there were only cases of dismissal (Buddhism 5, Protestantism 2) and one case of discharge of duty of the head of a Buddhist pagoda Thirdly, religious training institutions and courses For 2004-2019, there have been two Buddhist high schools established (in Lam Dong and Gia Lai provinces) In addition, the People‟s Committee in the Central Highlands provinces have approved for religious organizations and subordinate organizations to opens many religious training courses 3.3.2.5 Implementation of law provisions on religious affairs, publication, education, health, social sponsorship, charity of religious organizations; religious activities involved foreign elements Firstly, the implementation of law provisions on religious affairs: For the previous years, religous affairs of religious organizations in the locality of the Central Highlands provinces have generally taken place lawfully, normally and on frequent bases Many important religious events, including festivals and masses (such as Christmas and Easter of Catholicism and Protestantism, 100th anniversary of Protestantism in Vietnam, Vesak, Vu Lan (Ullambana)), have received due attention and support from authorities at all 15 levels During these events, authorities at different administrative levels have paid visits for encouraging religious organizations and extending congratulations and gifts to them Nevertheless, some activities of religious organizations are still matters of concern, such as the Fulro issues, masses held outside registered programs, encroachment and illegal buying, selling and transfer of land, unlawful construction of religious places, etc Beside, there have been increasingly new religious phenomina, deviant worshipping practices with increasing numbers of practictioners Secondly, the implementation of law provisions on religious affairs with foreign elements involved From 2005 to present, the provincial People‟s Committees, departments and agencies in the Central Highlands provinces have received over 100 foreign delegations with over 1,000 religious dignitaries and clerics Thirdly, the implementation of law provisions on publication, education, health, social sponsorship, charity of religious organizations According to the report reviewing the ten-year implementation of the Ordinance of Belief and Religion 2004, the Religious Publishing House has approved 5,841 religious publications, including 4,725 book titles with 14,535,464 copies and 1,118 other publishing titles in the forms of MP3, VCD, CD, DVD, photos, calendars, flags with 2,546,201 copies, and in many languages of Vietnamese, English, French and ethnic languages of Khmer, E De, Gia Rai and Ba Na Fourthly, for education, health, social sponsorship, charity of religious organizations By 2019, five provinces of Central Highlands has 145 education and vocational training establishments (6 in Kon Tum, 22 in Gia Lai, in Dak Nong, 90 in Lam Dong, 23 in Dak Lak), over 10 charitable clinics, and 37 social sponsoring establishments (of which, establishments without permission) 3.3.2.6 Implementation of law provisions on complaints, denunciations of violations of laws on belief and religion by state officials, experts when performing public duties According to uncompleted statistics from the committee for religious affairs of the Central Highlands provinces, there was not any complaint or denunciation of violations of laws on religion in the 2004-2019 period 3.4 Assessment of implementation of laws on religion in provinces of Central Highlands region 3.4.1 Advantages and reasons of these advantages - Under the leadership of the Party committees in the provinces of Central Highlands, the political stability, national defense – security, public order and 16 social safety in this region has been ensured, creating impetus for socialeconomic development - From the grasping of resolutions, law documents on belief and religion, and related resolutions and documents, the understanding of policies and laws on religion and the guarantee of religious freedom by Party organs, state authorities, social-political organizations, state officials, public servants, people strata, especially dignitaries, deacons, clerics and lay religious of religious organizations have witnessed obvious changes - The legal system on religion has been increasingly improved, in both contents and forms - The work of building the political system in Central Highlands region and enlisting the Party membership and key personnel in religious communities has been consolidated and fostered, contributing to promote its positive role in the work of advocating dignitaries, deacons, clerics and lay religious of religious organizations to well implement the Party‟s undertakings and guidelines and State‟s policies and laws, and strengthening social consensus - The right to freedom of belief and religion and equality of religious organizations has been respected and attentive to, meeting people‟s spiritual needs The obtained advantages mentioned above have been attributed to the following causes: Firstly, the guarantee of people‟s right to freedom of belief and religion is a sound and appropriate undertaking taken by the Party and State Secondly, the process of the IOL on religion has received due attention and guidance from state organs or social-political organizations from central to local levels, and the welcome and support of social strata, especially religious individuals and organizations Thirdly, the work for popularization and dissemination of laws on religion has been proactively undertaken, with various forms, by organs and organizations in the provinces of Central Highlands Fourthly, many training and fostering programs for personnel of the state administration on religion have been implemented by competent authorities, contributing to enhance the professional capacity of these personnel Fifthly, religious individuals and organizations have consciously practiced religion in accordance with the State laws and religious charters, and always supported and proactively engaged in patriotic emulation movements, programs for hunger eradication and poverty reduction, and humanitarian activities in the locality 3.4.2 Limitations and reasons of these limitations and entanglements 17 Firstly, the apparatus of the state management on religion (at provincial, district and commune levels) is not highly efficient, with uneven capacities of leadership and management and many existing discrepancies Secondly, many law provisions on religion have not been specific or sufficiently provided, some provisions have even created difficulties in their implementation Thirdly, a great part of people in the provinces of Central Highlands has a low intellectual level, so they often behave by habits, experiences, and village norms; they have been unable to sufficiently understand the IOL on religion, so the right to freedom of belief and religion has not been realized as law documents prescribe Fourthly, the material life and infrastructure of people in Central Highlands are still inadequate Fifthly, the Central Highlands used to be a region without political stability and security These limitations and difficulties are due to the following causes: Firstly, there are discrepancies in the system of law documents on religion and related law documents Secondly, Although laws on religion have received due attention for improvement and completion, many provisions of laws on religion relating forms of sanction (for administrative violations) and relating competent bodies have not been provided, making it difficult to reach any high efficiency of the IOL on religion Thirdly, the work of grasping, popularizing and guiding the state management on belief and religion in accordance with law provisions in localities has not regularly and efficiently been undertaken Fourthly, due to geographical conditions, provinces of Central Highlands are all remote from big economic hubs Fifthly, the influences of village norms, custom rules, charters and regulations of religious organizations on the IOL on religion in Central Highlands have not been fully understood Sixthly, the state fund allocated for the IOL on religion in the locality of Central Highlands provinces has still been constrained Chapter VIEWPOINTS AND SOLUTIONS FOR ENSURING THE IMPLEMENTATION OF LAWS ON RELIGION IN THE PROVINCES OF THE CENTRAL HIGHLANDS REGION 4.1 Viewpoints on the guarantee of the implementation of laws on religion in provinces of the Central Highlands region 18 4.1.1 Guarantee of the people’s right to freedom religion in accordance with the Party’s undertaking and policy, the State’s law, and international covenants to which Vietnam is a member The protection of people‟s right to freedom of religion has been stipulated in constitutions, especially the Constitution 2013 and law documents on religion These stipulations have been compatible with provisions in international covenants to which Vietnam has signed or acceded to 4.1.2 Closely attached with the harmonious and synchronous development of the economy, culture, society, public security- national defense in provinces of the Central Highlands region in each period The subjects of the free exercise of religious freedom in the Central Highlands have unique features that need to specifically and cautiously study in order to develop appropriate policies for adjustment In addition to the observance of principles and provisions of law documents on religion and religion-related legal documents, guiding documents issued by competent state bodies are deemed necessary The IOL on religion in the locality of the Central Highlands provinces must be closely attached with socio-economic development, the fostering of cultural lifestyles at the grassroots level and the guarantee of public security – national defense 4.1.3 Ensuring the state management on religion The state management on religion requires the attention and completion of the organizational apparatus of advisory bodies of the state management on religion at all levels in the five provinces of the Central Highlands, the completion of the legal system directly regulating the field of religion, the strengthening of works for popularization, dissemination and education of laws on religion, and enhancement of the inspection and investigation of the IOL on religion 4.1.4 Meeting the need for religious affairs and organizations in the period of renovation and international integration The right to freedom of religion is increasingly appreciated in the world countries including Vietnam, especially when Vietnam is a member to many international covenants on human rights These rights include the right to have a religious organizational apparatus and religious affairs 4.2 Solutions for guarantee of the implementation of laws on religion in provinces of the Central Highlands region 4.2.1 General solutions for provinces and cities, including provinces of the Central Highlands region 4.2.1.1 Enactment and completion of law provisions on religion in Vietnam at present 19 Initial reviews show that the implementation of the Law on Belief and Religion currently has the following difficulties and discrepancies that need to be revised: - The recognition of religious organizations of foreigners lawfully residing in Vietnam territory needs to be considered in the coming time - The law has no stipulation on conditions, proceedings, procedures and competence for approval on construction of belief and religious establishments - It‟s necessary to have a law document with stipulations on the responsibility of competent bodies of the state management on belief under the provincial and district-level People‟s Committees - Article 34 of the law on registration of deacons should be revised in a way that allows religious organizations and subordinate organizations to register personnel after having results of appointment, election or nomination - The law should be revised, allowing Vietnamese who are religious dignitaries abroad to return and preach to religious organizations and subordinate religious organizations in Vietnam - The Government should early issue the Decree on sanction of administrative violations in the field of belief and religion 4.2.1.2 Consolidation of the organization of the advisory apparatus of the state management on religion and enhancement of the moral virtue and professional capacity of personnel tasked with the implementation of laws on religion - Regarding the organizational apparatus of the state administration on religion, it‟s necessary to have an appropriate model for the apparatus of the state administration on religion, such that incorporate all institutions and bodies tasked with the state management on belief and religion and its advisory work, and research institutions on the issue into a single, independent ministerial body; or to merge the current state administration body on religion with the Committee for Ethnic Affairs to become the Committee for Ethnic-Religious Affairs would be more appropriate than merging with the home affairs sector - For the contingent of personnel tasked with the state administration on religion, the State needs to establish a university or faculty for training the profession of the state administration on religion, and the professional training at training courses and fostering classes needs to be innovated in contents, forms, approaches and duration for participants to timely grasp Besides that, one of efficient solutions for this work is to take due attention to the appropriate usage, appointment and transfer of officials and experts tasked with the state administration on religion; to pay due attention and give priority to those who are highly capable, professional, experienced and energetic with the motto “work chooses its personnel”, avoiding the situation where chosen personnel 20 unfit for the work and, as a result, making working personnel unhappy and satisfied at work 4.2.1.3 Speeding up the popularization and dissemination of laws on religion The work of popularizing and disseminating laws on religion needs to be regularly carried out, in not only religious-concentrated areas but also other regions, and the popularization and dissemination work should take place in forms not limited to direct gatherings, and with additional forms of publications on magazines a internet websites, etc 4.2.1.4 Strengthening of the Party’s leadership in implementing laws on religion The enhanced understanding by Party‟s executive organs and people‟s authorities at various levels, religious individuals and organizations, and general people has a very important role and position The clearly defined roles and responsibilities of these individuals and organizations in the political system, as well as their responsibility in enforcing and implementing laws on religion would determine the efficiency of the IOL Enlisting Party members from ethnic and religious groups in the provinces of Central Highlands should also be regarded as important 4.2.2 Specific solutions for provinces of Central Highlands 4.2.2.1 Improving the literacy, material and spiritual life of people in the provinces of Central Highlands, especially those of ethnic minority groups - Concentrating on improving necessary infrastructures, especially power lines, roads, schools, stations in remote and ethnic-religious concentrated areas - In addition to State funds allocated, the provinces of Central Highlands need to mobilize resources from locals and open markets for other investors in some sectors; pay due attention to develop food crops and industrial crops (such as coffee, cacao, pepper and fruit trees, etc); renovation and development of tourist areas, craft making villages for improving people‟s life - Preservation and restoration of fine cultural traditions and values of tangible and intangible heritages of villages; inheritance and promotion of selected and typical values; gradual elimination of outdated customs; and gradually developing a newly cultural and civilized lifestyles for local people - Continuation of the policy on training of local officials who are nominated from ethnic minority communities at boarding and part-time boarding schools, and providing healthcare for people in the region at local health clinics 4.2.2.2 Promoting village elders, village heads, prestigious people, dignitaries, deacons and clerics of religious organizations in the Central Highlands region 21 - For timely understanding and meeting people‟s aspiration, needs and material and spiritual life, especially belief-related and religious needs, state authorities at all levels would have to talk to village elders, heads of villages, other prestigious people, and religious dignitaries, deacons and clerics - It‟s necessary to enhance understanding of village elders, heads of villages, prestigious people, and religious dignitaries, deacons and clerics in the Central Highlands region in order to better promote their role, especially in the IOL on religion 4.2.2.3 Applying custom rules of ethnic communities in Central Highlands; charters, regulations, teachings, and rules of religious organizations in implementing laws on religion in Central Highlands provinces - For people in Central Highlands, the custom rules have a great role in the daily life of the ethnic minority areas; it‟s like a heritage which always inherited, renovated and transferred from this life to the next one and from this generation to the other - Fellow countrymen of ethnic minority groups in Central Highlands are often members of religious organizations (mainly Christian sects), so for efficiently implementing laws on religion, state authorities at levels need to understand teachings, rules, charters, regulations of religious organizations 4.2.2.4 Strengthening of national defense-security, public order and social safety in localities of Central Highlands provinces State authorities at administrative levels need to continue efficiently implementing issued resolutions, directives and projects of the Party and State for ensuring national defense and security; firmly grasp practical situations so as to timely submit to competent authorities solving proposals and measures; strengthen the educational work for transforming Fulro-related elements existing in the locality so they could give up narrow-minded racism and the socalled “Degar State” Besides the above-mentioned measures, the IOL on religion in the localities of Central Highlands provinces also needs supplementary measures, such as the strengthening of inspection, investigation, sanction of violations in implementing laws on religion CONCLUSION Laws on religion have a very important role and position in the social life, and serve as legal foundations for protecting the right to freedom of religion of religious individuals and organizations Laws on religion are also the concretization of the Party‟s viewpoints and policies on religion and religious freedom, creating the legal framework for activities of religious organizations and individuals Because of this important role, the Party and State of Vietnam 22 always pay due attention to and improve mechanisms, policies and laws on religion However, for completed laws to be efficiently realized, the organization, the process and measures of the implementation of provisions of these laws actually play a great role With the purpose of a thorough study for proposing measures and contents of the IOL on religion in the provinces of Central Highlands region, the thesis has basically looked at the following contents: Analyses of theoretical issues of the IOL on religion in the provinces of Central Highlands region, such as concepts, characteristics, roles, subjects, contents and forms of the IOL on religion, and factors affecting the IOL on religion Assessment of the practical reality of laws on religion from 2004 to present, including advantages and limitation of laws on religion in this period Based on the practical reality of laws, the practical situation of the IOL on religion in the provinces of Central Highlands has also been clarified in the thesis The efficiency and feasibility of the IOL on religion in the provinces of Central Highlands depend not only in the completion of law documents on religion but also factors affecting this process, including those of politics, law, apparatus, economy, demography, literacy and culture The thesis also includes a session for assessment of advantages, limitations and causes of these advantages, limitations and entanglements in the IOL of laws on religion in Central Highlands This is the foundation for proposing viewpoints and measures for ensuring the IOL on religion in this region The thesis has offered appropriate viewpoints and measures for enhancing the IOL on religion in the provinces of Central Highlands: the IOL must achieve targets of protecting people‟s right to freedom of belief and religion according to the undertakings and policies of the Party and State, being compatible with international covenants that Vietnam has acceded to, suiting the economic, social-cultural and national security-defense conditions in the Central Highlands region, and strengthening the state management on religion Besides that, the thesis has also recommended measures for ensuring the IOL on religion, such as the improvement and completion of current law provisions on religion in Vietnam; enhancement of people‟s understanding, material and spiritual life in Central Highlands; the strengthening of roles of village elders, heads of villages, prestigious people, religious dignitaries, deacons and clerics; the consolidation of the organizational apparatus of the state administration on religion; the enhancement of the professional capacity of personnel tasked with the state administration on religion in provinces of Central Highlands; the speeding up of the work for popularizing and disseminating laws on religion in provinces of Central Highlands; the application of custom rules of Central Highlands ethnic groups, and charters, 23 regulations, teachings and internal rules of religious organizations to the IOL on religion in localities of Central Highlands provinces; the strengthening of national defense-security, public order and social safety in localities of Central Highlands provinces; and other supportive measures The Party and State always pay due care and create conditions for religious individuals and organizations and people with religious beliefs to enjoy the right to freedom of religion For ensuring the achievement of the target of guaranteeing everyone‟s right to freedom of belief and religion, the completion of laws and policies on religion and then the efficiency of the IOL on religion are of most important matters This thesis could be used as references for studies and research in the process of renovating and enhancing the efficiency of the state management on religion and completion of laws on religion The scope and subjects of the thesis as well as the understanding of thesis‟s author have offered several measures for overcoming remainings and discrepancies of laws on religion and the IOL on religion for enhancing the efficiency of the state administration on religion The thesis certainly has shortcomings and limitations, so its author would like to receive and highly appreciate contributing opinions and criticisms from scholars, teachers and colleagues 24 ... commune-level People‟s Committee for group religious activities Legal provisions for registration of group religious activities have been specifically stipulated in Directive 01/2005/CT-TTg; Decree 92/2012/NDCP... has witnessed many changes The provincial committee for religious affairs in provinces, an independent organ under the provincial People‟s Committee (an equal status of provincial departments... Secretariat, Government Office, Ministry of Home Affairs, Government Committee for Religious Affairs and Steering Committee for Central Highlands have issued many plans and notifications Especially,