VZCZCXRO3512
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DE RUEHHI #0088/01 0360858
ZNR UUUUU ZZH
O 050858Z FEB 09
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9089
INFO RUEHHM/AMCONSUL HO CHI MINH 5541

UNCLAS SECTION 01 OF 03 HANOI 000088 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS, DRL/IRF and DRL 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL KIRF VM
 
SUBJECT: Prime Minister's Edict on Religion-Related Land and 
Facilities 
 
¶1.  (SBU) In the wake of sustained land-use protests involving 
Catholic parishioners throughout 2008, PM Nguyen Tan Dung recently 
issued a four-page edict concerning "religion-related land and 
facilities."  (See paragraph four for an unofficial translation.) 
The edict specifies that government agencies or State Owned 
Enterprises that occupy properties previously owned by religious 
groups must use the properties in a manner consistent with the 
agency or SOE's original purposes, and that the properties must not 
be used for purposes that may offend the religious groups' 
sensitivities.  Improperly used properties shall be re-appropriated 
by the GVN and used as a public facility such as a park or library. 
(Comment: this codifies what appeared to be ad hoc responses to 
property disputes in Hanoi and Vinh Long province.  End comment.) 
While religious groups can be compensated with other parcels of land 
on a case-by-case basis by local officials, the edict cites a prior 
National Assembly resolution that prohibits the return of land 
legally confiscated by the government prior to 1991. 
 
¶2.  (SBU) In a move welcomed by Church groups, the edict stipulates 
that religious groups that use property not in dispute shall be 
granted ownership certificates.  This potentially significant step 
allows, at least in theory, for the legal transfer of land-use 
rights, rents, and donations to religious organizations.  On the 
other hand, the edict says that any effort to "cause public 
disorder" or "sow division" regarding disputed properties "shall be 
strictly dealt with in accordance with the law." 
 
¶3.  (SBU) COMMENT: Virtually every church organization in Vietnam 
has outstanding land claims dating back to the nationalization of 
property in the north in 1954 and 1975 in the south.  Properly 
implemented, the edict represents a positive step towards solving 
many of these emotionally charged disputes.  The key, as always, is 
in the implementation, and here it is perhaps best to be cautious. 
If history is any indicator, enforcement will likely be lax until a 
land dispute becomes a hot-button topic.  END COMMENT. 
 
¶4.  (U) Below is Post's Unofficial Translation of Prime Minister 
Edict Number 1040/CT-TTg: 
 
Prime Minister's Directive on Religion-related Land and Facilities 
 
No. 1040/CT-TTg 
Date: December 31, 2008 
 
In implementation of the Party and State's guidelines and policies 
on religious affairs, over the past period, Ministries, government 
offices and localities have made many efforts with respect to the 
religious task and have achieved definite results.  Religious 
activities have been conducted in line with laws; the majority of 
religious believers are at ease, pleased and reassured by the Party 
and State's guidelines and policies, and actively participating in 
national construction.  Together with national developments, demands 
of religious believers with respect to religious activities have 
continually increased, including that for land and facilities. 
However, due to historical reasons, there has become a need to make 
some adjustments when addressing the management of land and 
facilities in general as well as religion-related land and 
facilities in particular. 
 
In order to ensure that the management of religion-related land and 
facilities be consistent, in conformity with law and fitting the 
preexisting situation, contributing to national construction and 
development, and strengthening national unity, the Prime Minister 
requests Ministries, offices, and provincial and municipal People's 
Committees to focus on improving the management of religion-related 
land and facilities, review general land use plans and provide 
prompt instructions on issues concerning religion-related land and 
facilities; and ensure the good balance between religious and 
national benefits. 
 
The management and use of religious-affiliated land and facilities 
must be in line with policies and laws and in conformity with the 
following principals and points: 
 
¶1.  Religion and belief is the spiritual need of a group of people, 
which has long been in existence and will continue along the course 
of socialist development in our country.  Believers of different 
religions are parts of the great national unity.  The Party and 
State respects and ensures the right to religious practice in 
accordance with the law as well as legitimate demands of religious 
groups and believers for land and facilities for religious 
purposes. 
 
¶2.  Regarding religious establishments having legitimate demands for 
land and facilities for religious practice, provincial and municipal 
People's Committees have the responsibility to consider such demands 
on the basis of the State's religious policies, local land use plans 
and land availability to make decisions to allocate land and 
 
HANOI 00000088  002 OF 003 
 
 
facilities to religious establishments strictly pursuant to legal 
procedures and processes provided by the law. 
 
¶3.  Religion-related land and facilities managed by or their use 
arranged by the State during the implementation of its policies on 
management of land and facilities as well as policies on socialist 
reformation of land and facilities promulgated before July 1, 1991, 
shall be handled according to the National Assembly's Resolution No. 
23/2003/QH11 dated November 26, 2003 and related legal documents. 
Attention is to be given to the following cases: 
 
     a)  Regarding religious-affiliated land and facilities managed 
by or their use arranged by the State: government bodies and 
organizations to which the land and facilities were allocated must 
use them strictly and efficiently for the original designated 
purposes without any impact on the religious sentiment of believers. 
 In cases where such land and facilities are not correctly and 
efficiently used for the designated purposes, provincial and 
municipal People's Committees shall retrieve and allocate them to 
other users to serve national interests and/or public interests; in 
cases where religious establishments have legitimate demands to use 
such land/facilities for religious purposes, provincial and 
municipal People's Committees may consider on a case-by-case basis 
allocating reasonable areas of land/facilities to the religious 
establishments or facilitating them in constructing new religious 
facilities in accordance with the law. 
 
     b)  Land currently used by religious establishments for 
agricultural and forestry cultivation, non-agricultural business, 
and/or as charitable facilities, as well as land currently used by 
religious establishments as provided by Item 1 of Article 99 of the 
Land Law (including land transferred or donated to them received 
before July 1, 2004), and certified dispute free by Commune-level 
People's Committees shall be entitled to be given Land Use Rights 
Certificates, to be used in a way that is similar to respective 
legal regulations governing the use of such types of land by 
households and/or individuals, and/or to have their land use 
purposes changed as decided by provincial People's Committees.  Land 
that was not allocated and its land-use tax not collected by the 
State and currently used by religious establishments for 
agricultural and forestry cultivation, non-agricultural business, 
and/or as charitable facilities shall be entitled to be transferred, 
donated, leased, mortgaged with their land-use rights in accordance 
with legal regulations on land use. 
 
In cases where land has already been transferred or donated to 
religious establishments which remains under dispute, such disputes 
must be definitively and lawfully settled before Land Use Rights 
Certificates can be issued. 
 
     c)  After making its decision on a specific religion-related 
land use case, the competent State Authority must notify [its 
decision] to the relevant religious establishment and believers for 
their information and enforcement. 
 
Acts which take advantage of the settlement of religious-affiliated 
land and facilities cases to cause public disorder, sow division 
among the people and undermine national unity, or breach the law 
shall be strictly dealt with in accordance with the law. 
 
4)  The Ministry of Natural Resources and Environment, the Ministry 
of Construction, relating Ministries and offices and provincial and 
municipal People's Committees, within their scope of functions, 
responsibilities and powers, shall correct the management and use of 
religion-related land and facilities; consider and deal with each 
specific case [of land use demands of religious establishments] on 
the basis of [the State's] religious policies and land policies, 
local land availability and the actual needs of the religious 
establishments; provide guidance to their functioning offices to 
continue and speed up the process of issuing Land Use Rights 
Certificates to eligible religious establishments in accordance with 
legal regulations on land use. 
 
5)  Ministries, branches and  provincial and municipal People's 
Committees, in coordination with the Vietnam Fatherland Front and 
its member organizations, shall inculcate, extensively disseminate 
and strictly implement the Party's guidelines and polices and State 
laws on belief and religions, and on land and facilities, and other 
relating regulations. 
 
6)  Ministers and Heads of Ministry-level Agencies, Heads of 
Government-affiliated Agencies, and Chairpersons of provincial and 
municipal People's Committees, shall come up with plans to strictly 
implement this Directive and make annual reports to the Prime 
Minister. 
 
Problems arising during the course of implementation of this 
Directive shall be brought to the attention of the Prime Minister 
 
HANOI 00000088  003 OF 003 
 
 
for his/her consideration and solution. 
 
7)  The Government Committee for Religious Affairs has the 
responsibility to coordinate with relating offices to follow and 
supervise implementation of this Directive. 
 
Recipients: 
- Secretariat, CPV Central Committee; 
- Prime Minister, Deputy Prime Ministers; 
- Ministries, Ministry-level agencies, Government-affiliated 
agencies; 
- Office of the Central Steering Committee on Corruption; 
- Provincial and Municipal People's Councils and People's 
Committees; 
- Office of the CPV Central Committee and Party Commissions; 
- Office of the State President; 
- National Assembly's Ethnic Councils and Committees; 
- Office of the National Assembly; 
- Supreme People's Court; 
- Supreme People's Procuracy; 
- State Audit Office; 
- National Financial Control Committee; 
- Bank of Social Policies; 
- Vietnam Development Bank; 
- Central Committee of the Vietnam Fatherland Front; 
- Central Offices of [Mass] Organizations; 
- Office of the Government 
- Archives. 
 
¶5.  End Unofficial Translation 
 
MICHALAK