VIETNAM NATIONAL UNIVERSITY UNIVERSITY OF SOCIAL SCIENCES AND HUMANITIES DO THI THUY VU MASTER THESIS POLITICAL SCIENCES Hanoi - 2022 VIETNAM NATIONAL UNIVERSITY UNIVERSITY OF SOCIAL SCIENCES AND HUMANITIES DO THI THUY VU RULE OF LAW AND THE RENOVATION OF RELIGIOUS POLICY IN VIETNAM (2004-2016) Major: Political Sciences Code: 8310201.01 MASTER THESIS POLITICAL SCIENCES Hanoi — 2022 PROMISE I guarantee that the master’s thesis with the title: “Rule of law and the renovation of religious policy in Vietnam (2004-2016) is my work, with the support from my supervisor, Ph. Nguyen Duy Quynh. The research contents and results of the topic are honest. Besides, the data for analysis, statement, and evaluation are collected by the student through different sources recorded in the references.
In addition, the thesis also uses some statements and assessments, as well as the figure of researchers, other agencies, and organizations. These are also shown in the references. Student Đỗ Thi Thuy Vũ WORDS OF APPRECIATION I sincerely thank Assoc. D Pham Quoc Thanh, who suggested me to develop this topic and created favourable conditions for me to complete the master thesis.
I sincerely thank Ph. Nguyen Duy Quynh, who wholeheartedly helped me to accomplish this research. I sincerely thank the National University-level Project, code QG. Phung Chi Kien as the director has supported me in the process of completing this research.
I sincerely thank all the teachers in the Faculty of Political Science, University of Social Sciences and Humanities, for their dedication to teaching and providing valuable knowledge so that I can develop and implement this research in a scientific and effective manner. Finally, I want to show my gratitude to my family and friends who have always cared for and encouraged me during my thesis work. Student Đỗ Thi Thuy Vũ ACKNOWLEDGEMENTS Inheriting and improving from the graduation thesis in 2019 called the rule of law and religion in Vietnam: Law on belief, religion (2016), Thus, my thesis is mainly framed by comparing two important documents, the Ordinance on Religious Beliefs 2004 and the Law on Belief and Religion 2016. This master thesis is more advanced in that: first, the problem is raised: The rule of law state and the renovation of religious policy in the period 2004- 2016.
The main idea of this master’s thesis is that I want to present, analyze, and observable: The problem of socialist rule in Vietnam that the Party raised from the 10th Congress and then from the 11th Congress, concretized the Rule of law in the field of religious life and religious policy. On the other hand, I still inherit and choose the period 2004-2016 so that I can have the advantages of absorbing and promoting the research results in 2019 but improving in that: The improvement of religious law in Vietnam, which is one of the most fundamental achievements of the process of reforming religious policy from 1990 up to now, supported by society and people of all religions. At the same time, in terms of state management, there is an additional first-class effective tool, along with the socialist rule of law state model on religion, creating stability and sustainable development in our country related to religious practices. TABLE OF CONTENTS PROMISE WORDS OF APPRECIATION ACKNOWLEDGEMENTS INTRODUCTIƠN.
HT TT TT TH HH ngư 1 CHAPTER 1. RELIGIOUS LIFE IN VIETNAM AND THE NEED TO BUILD A RULE OF LAW SĨTA TTE.- Án TH TT TH TH TH Hành 10 1. Religious life in Vietnam in the period 2004 to 2016. The international context and issues raised in the construction of the rule of law state on religion 1n VI€ffAT.
The first steps of religious policy T€ÍOTI. THE PRELIMINARY OF FORMING A STATE GOVERNED BY THE LAW ON RELIGION.-- --- «vn vn HT HH ngư 26 2. The Communist Party of Vietnam and the policy of building a state governed by the law on T€ÏIØIOIN. The essence of religious policy improvement (the CPV’s Congress XI, in 2011) in Vietnam at present .- - 6 5 319911900 930 H1 9 nh ng ng ng nh 28 2.
The rule of law on religion in Vietnam: Consistency and Reality. THE RULE OF LAW ON RELIGION IN VIETNAM: THE DEVELOPMENT OF THE LEGAL SYSTEM ON RELIGION. Ho Chi Minh and Foundation of Law on RelIg1on. The process of perfecting the Law on ReÌig1on.
The rule of law on religion - A success of political reform in Vietnam. -- Án HH HH HH HH TH ng 78 INTRODUCTION 1.J, The term “socialist rule-of-law state in Vietnam” first appeared in the document of the Vietnamese Communist Party in January 1994. Since then, new phrases in the political dictionary in Vietnam, such as “perfecting religious policy” and "religious law", especially "building a state governed by the rule of law on religion, " has become more and more prominent. In the graduation thesis, with three chapters, I could only repeat some of the views of the Party and Ho Chi Minh's thoughts on religion.
Still, I could not analyze anything because of my cognitive ability at that time. Besides, in those three chapters, I only attach great importance to the "comparison" of the two legal documents mentioned above, mainly through the main content of the provisions. Of course, I also commented on the achievements of religious policy reform in the legal field. In this master's thesis, in order to improve the theory and practice of political science master's thesis, I will try to improve the political theory of the rule of law, the rule of law in the field of religion, as well as a complete analysis of religious legal instruments in the rule of law model in our country.
Besides, I will also try to compare this model with the rule of law model, religious policy in China, nothing more than expanding the argument for the successful assertion of religious policy in our country in the renovation of politics and society in general.2, In recent years, the Party and State’s guideline for building a country with the socialist rule of law has become one of the strategic and political factors and policies. In the field of religion, the principle of the rule of law with building and improving the legal framework on religion plays a decisive role in the state administration in the field. In the article “Issue of religion and belief in the 1992 constitution in Vietnam — Foundation for amendment”, Prof. Do Quang Hung wrote: “As already analyzed, we should select the general model.
The content of this article should be suitable for political psychology and the reality of religious life. The language of this article should be consistent with the language of the Constitution. We can change this model and combine it with the concrete model in the necessary case. We must ensure the embracement of content so that Constitution is consistent and stable.
"Everyone has the right to freedom of belief and religion; this right is manifested in teaching, religious practice, worship, and observance of both individual and collectivity. The right to implement religious liberty can be limited when this right contradicts the elementary rights regulated in the Constitution. The Socialist Republic of Vietnam is a secular state”!. In 2019, I wrote my graduation thesis called The rule of law and religion in Vietnam: Law on belief, religion (2016), in which I mainly studied the relationship between religion and law when comparing the Ordinance on Religious Beliefs 2004 and Law on Religious Belief 2016.
The graduation thesis aims to: Currently, the Law on Belief and Religion (2016) is very much concerned by the Government, religious organizations, and public opinion. After one year of implementation, this law has many achievements; however, some issues still need to be discussed. In this context, analyzing the context of birth, the content of the Law, and putting it in the process of renewing the religious policies of the Party and State of Vietnam for more than 30 years is a significant contribution to science and practice. Thus, the renovation of religious policies of the Party, State, and people of Vietnam from 1994 to now is building a state ruled by law on religion, which is both suitable for the times as well as the requirements of political, social, and ! Do Quang Hung, “Vẫn dé tôn giáo trong Hiến pháp 1992- Luận cứ cho một nhu cầu sửa đổi”, Tạp chí Lý luận chính trị, Hà Nội, no 7, 2012, p.
religious life in our country today. This is also why I chose the research problem for the Master's thesis in political science in 2022. Historical studies Religion is a complex social-political matter, but it is an important element in the historical process of modern Vietnam. In fact, in Vietnam, many works have been addressing “religious policy” in the last few decades.
Indeed, the study of this issue has not received much attention. However, since 1990 when Vietnam began innovating the religious guideline and policy with Resolution N.24 of the Political Bureau (October 1990), religious researchers have started paying attention to the religion law issue. Since 2000, the main legal documents on religion have been published, such as The Legal Documents Related to Faith, Religion; The State Documents on Religious Activities (Volume I, 1992, and Volume II, 1995, internal circulation). Religious matters are also found in 2 volumes of The PVC's Documents on the Unified National Front.
In recent years, in Vietnam, there have been more works on reasoning or “summarizing" for every implementation stage of the religious policy of the Party and State or special “religious policy events". Some comments have features that are tied to the practice of religious life. Before and after the emergence of the book, several domestic and international professional journals, and records of international seminars on religion and the rule of law in Southeast Asia”, attracted other authors. Gradually, people could be able to read articles and books on the issue by authors Nguyen Hong Duong, Nguyen Duc Lu, Ngo Huu Thao, Nguyen Minh ? In two years 2006 and 2007, the Institute for Religious Studies under the Vietnam Social Sciences Academy, the Brigham Young University (BYU) and Institute for Global Engagement (IGE) from the USA co-sponsor series of international seminars on the issue.
In addition to seminars’ record, selected presentation papers have been published in Religious Studies Journal, Social Sciences Information Journal, Religious Work Magazine, Vietnam Social Sciences Magazine, etc, as well as collection books. Typically, several articles have appeared in professional journals in China, France and the USA). Since 2008, the research program on religion and the rule of law in Vietnam between the University of Social Science and Humanities and the BYU with various activities has focused on the main objective of promoting the improvement of the religious law in Vietnam, making contributions to the legislation of Law on Belief and Religion (2016) Thu, etc. In these research materials, we found that the book Mét số van dé tôn giáo ở Việt Nam hiện nay by author Nguyen Hong Duong? has a close look at the beginning of the process of creating and developing the law on religion.
Similarly, the book Tôn giáo — quan điểm, chính sách của Dang và Nhà nước Việt Nam hiện nay by author Nguyen Duc Luf leans toward the system of viewpoints and guidelines on the religious policy and law by the Vietnam Communist Party. Recently, religious law articles have increased as more religious scholars have been interested in the issue. The religious work journal has almost regularly contained articles on this issue, especially in recent years. Nevertheless, the most typical work for us is the book “State, Religion & Law” by Author Do Quang Hung with 454 pages, published in October 1990 by the National Political Publisher.
The work is divided into three parts. The first part of the book covers the relationship between the state and the church in foreign countries and Vietnam.