Government committee for religious affairs religion and policies regarding religion in vietnam


POLICIES OF THE State OF VIeTNAM REGARDING BELIEF AND RELIGION



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POLICIES OF THE State OF VIeTNAM
REGARDING BELIEF AND RELIGION


1. President Hồ Chí Minh and Belief and Religion

The main content of Hồ Chí Minh’s thought on belief and religion encompasses religious unity and national harmony, mutual respect, and the guarantee of freedom to follow or not to follow belief and religion.

Hồ Chí Minh said: “The forces of our entire nation are our greatest strength. No one can defeat them"1. Uniting the people – including ethnic groups and religious groups – was the core factor leading to victory in Vietnam’s revolution. That concept was part of Hồ Chí Minh’s strategy of national unity.

With the spirit of national harmony and of uniting non-religious and religious people, President Hồ Chí Minh mobilized leaders and followers of various religions to devote themselves to the cause of national salvation by building the State and then gradually erasing prejudices left by history and by the conspiracy of some hostile forces wishing to cause conflicts among religious groups in Vietnam.

Hồ Chí Minh held that uniting non-religious and religious people was long-term and comprehensive unity carrying strategic significance. His sincerity, openness, generosity, and efforts to understand his compatriots’ concerns and inner thoughts left a deep impression in the hearts of religious followers.

The Declaration of Independence, which President Hồ Chí Minh drafted and then promulgated on 2 September 1945, quoted from and developed values of progressive ideologies on human rights from capitalist democratic revolutions. On 3 September 1945, the day after the Declaration of Independence of the Democratic Republic of Vietnam, President Hồ Chí Minh chaired the first meeting of the Government Council. During this meeting, President Hồ raised six urgent matters to be addressed, the sixth of which was, “Ensure freedom to follow or not to follow a religion and promote the unity of religious and non-religious people"2.

On 9 November 1946, the first National Assembly of Vietnam approved the first Constitution of the Democratic Republic of Vietnam, affirming in this document that “The people have freedom of religion". On 14 June 1955, President Hồ Chí Minh signed Decree No. 234/SL regulating religious activities in Vietnam’s new political system, a decision that both religious followers and non-followers eagerly welcomed and supported.

In 1958, constituents of Hà Nội asked President Hồ Chí Minh, “Will religions be limited in the process of building Socialism?” President Hồ reaffirmed the position of communists toward religions: “No. In other socialist countries, people have full freedom of religion. It is the same in Vietnam"3. He had previously pointed out definite ethical and cultural values of religions:

“Jesus Christ teaches: Morality means compassion.

“Siddhartha Gautama teaches: Morality means mercy.

“Confucius teaches: Morality means humanity"4.

These salient points made by President Hồ Chí Minh regarding socialism and religion rejected the reasoning that some were propagating among religious followers. Such false reasoning held that socialism was not reconcilable with Catholic values and that socialism would limit religion and would not allow it to co-exist with socialism. President Hồ’s words alleviated the concerns and doubts within the Catholic community as Vietnam began to enter the process of building a new society.

Hồ Chí Minh reminded his compatriots and the soldiers across the country to “care for and look after the material and spiritual life of religious compatriots. It is expected that production will continue to develop so that, as the material life becomes better, the spiritual life of citizens will also become more secure and peaceful"5.

Hồ Chí Minh regarded religion as an essential factor and part of mankind’s cultural heritage. There is no doubt that only someone who had experienced the reality of revolution and thoroughly understood religions could have such an opinion.

Hồ Chí Minh paid great attention to respecting and accepting differences in perception and thought and looked for similarities in common goals and ideologies in order to draw people together to complete the nation’s key tasks.

President Hồ Chí Minh spoke about the close relationship between religious followers and the nation in a simple way that was easy to understand yet was also profound: The love of God is closely connected to the love of one’s country, and worshiping God is closely associated with serving one’s country. If a country has honor, then religions will shine; only when the country is independent can there be freedom of religion.

According to Hồ Chí Minh, a religious person’s beliefs and love of his country are not in conflict. A Vietnamese citizen can simultaneously be both a patriot and a genuine believer in his/her religion.

Hồ Chí Minh consistently looked at religion and the nation in the spirit of great national unity. Religions can only be affirmed when they exist within the heart of a nation, and a nation on its way to development needs to know how to call on the core values of religion.

President Hồ Chí Minh was consistently respectful of the world’s most famous people, without discriminating whether they belonged to a religion or not or whether they came from the East or the West. He drew upon their values and their philosophies, which he distilled and developed. This heritage included wisdom from people such as Siddhartha Gautama, Confucius, Jesus Christ, Karl Marx, and Sun Yat-sen. Hồ Chí Minh regarded these leaders as great people from history and as his teachers and regarded himself as someone who wanted to be their young student.

2. Policies and Guidelines of the Communist Party of Vietnam Regarding Belief and Religion

During its leadership of the revolution as well as since its governing of society and the country, the Communist Party of Vietnam has paid consistent attention to religion and has adopted policies on belief and religion that have been sound and appropriate for each stage of the revolution.

In 1986, Vietnam began to implement its policy of Reform and Renewal (Đổi mới). On 16 October 1990, the Politburo that had been elected from the VIth Congress of the Communist Party of Vietnam renovated its policies regarding religion through Resolution No. 24-NQ/TW, “Strengthening Religious Affairs in the New Situation". On 12 March 2003, after thirteen years of implementing that policy on religion and after summarizing its actual practice and reviewing newly changing issues that had recently emerged in both the domestic and international context, the Politburo of the IXth Congress passed Resolution No. 25-NQ/TW, “Religious Affairs". This became the policy for the Party and the State of Vietnam regarding religion for the period of Reform and Renewal. The ideas of Resolution No. 25 can be summarized as follows:

Religious activities and religious affairs in this new period should: Strengthen the unity among followers of different religions within the context of great national unity; develop the general strength of all ethnic groups; contribute to successful implementation of the country’s industrialization and modernization; and build and defend the stability of the Homeland.

Belief and religion are spiritual needs of a segment of the population. Those needs currently exist and will continue to co-exist with the nation during the process of building socialism in Vietnam. Followers of different religions are an integral part of Vietnam’s great national unity. There is consistent implementation of the policy to respect and guarantee the people’s right to freedom of belief, the right to follow or not to follow any religion, and the right to take part in normal religious activities according to the law. Religious activities must be in accordance with the legal framework. All religions are equal before the law.

The Party and the State of Vietnam consistently implement a policy of great national unity; they do not discriminate in treatment on the basis of belief and religion. They promote the unity of followers of different religions and unity between believers and non-believers. Great national unity with the goal of a prosperous people, a strong nation, and a society that is equitable, democratic, and cultured draws followers of religions together in a common cause. Each citizen – regardless of belief or religion – has both the right and the responsibility to build and protect the Homeland. The Party and the State encourage the people to uphold their patriotic spirit and determination to protect the independence and unity of the Homeland; through socio-economic policies as well as public security and national defense, ensure material and spiritual needs of the people at large, including followers of religions.

The positive values in the tradition of worshipping ancestors and honoring those who have made great contributions to the nation and the people should be maintained and developed. Discrimination in treatment of citizens on the grounds belief or religion is prohibited. Simultaneously, it is prohibited to take advantage of belief or religion to engage in superstitious activities, in activities that are illegal or contrary to national policy, or in activities that encourage dissidence among the people or between ethnic groups or that disturb puplic order or encroach upon national security.

Religious affairs are the responsibility of the entire political system. They are related to many spheres of the society, to many levels of the administration and different branches of activity given the fact that the spiritual and material life of tens of millions of followers, religious leaders, and members of religious orders reach across all regions, and localities across the country.

Each follower has the right to practice religion at home within the family and at legitimate places of worship as stipulated by the law. Religious organization officially recognized by the State are entitled to conduct lawful activities and are protected by the law. These activities include: Opening schools to train religious leaders and members of religious communities; publishing religious documents and books; and maintaining, repairing, and building places of religious worship in accordance with legal regulations. Those engaged in religious evangelization, along with every other religious activity, must abide by the Constitution and the law; it is forbidden to use the cover of religion to promote obscurantist sects or superstition, and it is forbidden to force people to follow a religion or to abandon a religion.

Documents from the Xth National Congress of the Communist Party of Vietnam affirm: “Followers of different religions are an integral part of Vietnam’s great national unity. The Party consistently implements policies of respect and guarantees the people’s right to freedom of belief, the right of citizens to follow or not to follow a religion, and the right to take part in normal religious activities according to the law. The Party promotes unity of followers from different religions and the unity of followers of religion with non-followers. It encourages development of cultural values and strong ethics of religions and encourages religious followers and religious leaders to live "For better secular and religious life...". Lawful religious organizations must abide by the law and are protected by the law. Constructive programs in socio-economic development should be implemented to improve the material and cultural lives of religious followers; training and upgrading of cadre dealing with religious affairs should be enhanced; superstitious activities and behaviors that take advantage of belief and religion in order to harm the common welfare of the country or to violate the citizens’ freedom of religion should be prevented”6.



3. The State of Vietnam Consistently Guarantees and Respects its Citizens’ Right to Freedom of Belief and Religion

3.1. State Policies in Basic Laws Related to Belief and Religion

The August Revolution achieved success in 1945. In 1946, the first Constitution of the Democratic Republic of Vietnam affirmed The right to freedom of belief as one of five major citizen rights (These rights appear in Article 10, Chapter II, “Fundamental Rights and Obligations of Citizens", and are defined as "the right of freedom to discuss, freedom to publish, freedom to organize and assemble, the freedom of belief, and the freedom to travel inside and outside the country"). The 1946 Constitution created a legal foundation for implementing policies on religion through this article declaring respect for the citizens’ right to freedom of belief.

On 31 December 1959, the National Assembly of the Democratic Republic of Vietnam approved the 1959 Constitution with this clear statement in Article 26 of Chapter III, “Fundamental Rights and Obligations of Citizens”: “Citizens of the Democratic Republic of Vietnam have the right to freedom of belief and to follow or not to follow a religion". Building on the 1959 Constitution, the 1980 Constitution of the Socialist Republic of Vietnam added to the previous text with Article 68, Chapter V, “Fundamental Rights and Obligations of Citizens". This article noted: “Citizens have the right to freedom of belief and to follow or not to follow any religion. No one is allowed to take advantage of religion in order to act against the laws and policies of the State".

After the Party’s resolutions regarding religious affairs in the context of the Reform and Renewal, the State’s legal documents and procedures institutionalized new thinking in terms of religion. Most important of all is the 1992 Constitution, which built on the Constitutions from 1946, 1959, and 1980 to implement the State of Vietnam’s Renewal thinking regarding religion. The 1992 Constitution affirms in Article 70 of Chapter V, (Fundamental Rights and Obligations of Citizens): “Citizens have the right to freedom of belief and religion, to follow or not to follow any religion. All religions are equal before the law. Places of worship belonging to beliefs and religions are protected by the law. No one is allowed to encroach on the freedom of belief and religion or to take advantage of belief or religion in order to abuse the laws and policies of the State".



3.2. Provisions in Former Normative Legal Documents Regarding Belief-related and Religious Activities

In addition to affirming its fundamental principles about religion in the Constitution, the State of Vietnam institutionalized the right to freedom of belief and religion in legal documents and procedures guiding and governing religious affairs. On 14 June 1955, President Hồ Chí Minh signed and promulgated Order No. 234/SL, “Order of the Government of the Democratic Republic of Vietnam regarding Religion". Its first chapter, “Guarantee of the Right to Freedom of Belief", stated:



- “The Government guarantees the right to freedom of belief and freedom to worship of its citizens. No one is permitted to violate this right. Each Vietnamese has the right to follow or not to follow any religion.

Members of religious orders have the freedom to preach at religious establishments (such as churches, pagodas, monasteries, religious schools, etc.).

When preaching and disseminating religion, leaders of religious communities have the duty to educate their followers in patriotism, the duties of citizens, and the importance of respecting the democratic and legal authority of the Democratic Republic of Vietnam.

- Members of religious orders and followers are equally entitled to each right of a citizen and must fulfill each duty of a citizen.

- Foreigners who are members of religious orders and who receive permission from the Government of the Democratic Republic of Vietnam may preach, just like Vietnamese members of religious orders; they must abide by the laws of the Democratic Republic of Vietnam, just like other foreigners.

- Religious organizations may publish and distribute documents and books with religious content, but they must abide by the publishing laws of the Government of the Democratic Republic of Vietnam.

- Religious organizations may open schools to train their own religious professionals.

- Churches, ancestral temples, pagodas, shrines, temples, religious objects used in worship, and religious-training schools are all protected by the law.

- The law will punish anyone who: takes advantage of religion in order to undermine peace, unity, independence, and democracy; advocates war or destruction of national unity; prevents believers from fulfilling their duties as citizens; encroaches upon the freedom of belief and the freedom of thought of other people; or carries out illegal activities".

Based on the general principles noted above, Order No. 234 provided detailed regulations regarding: Economic, cultural, and social activities of religions; the land belonging to religions; and the relationship between local-level government and religions.

Order No. 234 remained in effect until the South was liberated and the country was reunited. On 11 November 1977, the Government Council replaced Order No. 234 with Resolution No. 297/CP, “Some Policies on Religion". Building on Order No. 234, Resolution No. 297 defined five clear principles in Government policies on religion, as follows:

- “The Government guarantees the citizens’ right to freedom of belief and the right to freedom not to [follow] any belief.

- Members of religious orders and religious followers are all entitled to every citizen’s rights and must fulfill each duty of a citizen.

- Religious organizations and every citizen, whether a religious follower or not, are equal before the law.

- Religious groups must abide by the Constitution, laws, guidelines, policies, and regulations of the State in every area of their activities.

- Anyone taking advantage of religion to undermine the independence of the Homeland, to oppose the system of socialism, to undermine the great national unity of all the people, to prevent followers from fulfilling their duties as citizens, or to oppose the policies and laws of the State will be punished according to the law".

From the five principles cited above, Resolution No. 297 detailed a number of specific policies on religious activities by leaders and members of religious orders regarding training, appointments, and the transfer of staff carrying out religious activities. In particular, Resolution No. 297 clearly set out the responsibilities of the authorities at different levels in guaranteeing full implementation of the people’s right to freedom of belief.

On 21 March 1991, the Government issued Decree No. 69/HĐBT, "On Religious Activities", and then later on 19 April 1999 issued Decree No. 26/NĐ-CP, “On Religious Activities", to define religious activities within a legal framework.

Decree No. 69 and Decree No. 26 affirm principles for religious policies during the period of Reform and Renewal as follows:



- “The State guarantees the right to freedom of belief and religion and the freedom and the right not to have a belief or a religion and forbids any discrimination for reasons of belief or religion.

- Citizens who follow a religion or who do not follow a religion are equal before the law and are entitled to every right of citizens and are responsible to implement each duty of citizens.

- Religious followers must abide by the Constitution and the laws of the State of the Socialist Republic of Vietnam.

- Religious activities for the legal and legitimate interests of believers are protected.

- The following are forbidden and will be punished according to the law: Every action that violates the right to freedom of belief and religion; that takes advantage of belief or religion to oppose the State of the Socialist Republic of Vietnam; that hinders believers in their duties as citizens; that undermines the cause of national unity of all the people; that weakens the nation’s wholesome culture; as well as any activities that are superstitious".

In this way, Decree No. 69 and Decree No. 26 consistently express the position of the State of Vietnam regarding religion: The State respects and guarantees the citizens’ need for activities linked to belief and religion; encourages religious activities for the interest of the Homeland and the people; and prohibits and will punish according to the law any actions that take advantage of religion for destructive purposes.



3.3. Policies in Current Legal Documents Related to Belief and Religion

On 18 June 2004, the Standing Committee of the National Assembly of Vietnam approved the Ordinance on Belief and Religion. This ordinance was based on: the citizens’ need for activities linked to belief and religion in the period of Reform Renewal; on the request to implement State governance of affairs linked to belief and religion; and on the need to build the rule of law in Vietnam. On 29 June 2004, the President of the country signed the Order promulgating the Ordinance on Belief and Religion, which took effect on 15 November 2004. On 1 March 2005, the Government issued Decree No. 22/2005/NĐ-CP guiding the implementation of certain articles in the Ordinance on Belief and Religion. These are the legal documents and procedures that directly regulate activities linked to belief and religion in Vietnam today.

The Ordinance on Belief and Religion consists of six chapters and 41 articles. These articles lay down democratic policies that respect the people’s right to freedom of belief and religion; clearly state rights and duties of religious individuals and religious organizations as well as the responsibilities of State agencies in guaranteeing rights and duties of individuals and organizations in activities linked to belief and religion; and respect and guarantee the principle that internal affairs of religious organizations are to be settled by the organizations themselves in accordance with their charters and regulations, which have been recognized by the State. The responsibilities of competent State agencies in regard to religious activities have been specified in line with administrative reform, including: clear procedures and deadlines, clear delegation of jurisdictional decision-making authority to the different levels of administration to create favorable conditions for religious organizations and individuals; facilitate wholesome religious relationships and activities to serve the legitimate interests of believers and religious organizations and the shared interests of the entire society within the context of Vietnam’s current enhanced international integration.

The Ordinance on Belief and Religion is open and forward-looking; on one side, it has met the need for citizens’ guaranteed right to freedom of belief and religion and freedom not to believe nor to follow any religion; on the other, it has met the need for State governance of activities linked to belief and religion. Simultaneously, the State of Vietnam has expressed its attention to the legitimate interests of citizens who follow a belief or religion and has clearly stated its position on illegal activities linked to religion. The State of Vietnam strictly forbids the following: infringement on the citizens’ right to freedom of belief and religion; pressure on citizens to follow a religion or to abandon a religion in which they believe; abusing the right to freedom of belief and religion to undermine the peace, independence, and unity of the country; advocating violence or war; creating discord among the people, ethnic groups, and religions; disturbing public order; harming the life, health, human dignity, honor, or property of other people; obstructing the exercise of citizens’ rights and duties; taking part in superstitious activities; and engaging in any other unlawful behavior.

Believers and religious followers have freedom to express their beliefs, to practice religious rites and worship, to pray, to take part in various forms and activities of religious rituals, to study the religious doctrines that they follow; and to participate in festivals that are appropriate to the nation’s traditions and cultural identity; followers may not negatively impact national customs and tradition or community unity; they are expected to ensure safety, thrift and protect the environment. At the same time, followers must respect the regulations of the competent agencies; regulations on the holding of festivals; community regulations and conventions; and provisions of the law. They must respect the right to freedom of belief and religion of others and others’ right to freedom not to follow a belief or not to follow a religion. The exercise of followers’ freedom of belief and religion must not obstruct the implementation of citizens’ rights and duties.

The Ordinance on Belief and Religion establishes necessary and sufficient conditions for a citizens’ organization to be recognized as a religious organization. The condition that “the organization has registered religious activities, and undertaken stable regular religious activities” is an important requirement. Depending on the scope of their activities, religious organizations register their activities with the Government Committee for Religious Affairs at the national level or the Office of religious affairs at the provincial level so that official recognition can follow easily according to the regulations set by the law once all necessary conditions are met.

The Ordinance also has favorable regulations on the operation of religious associations and orders. Entities established under a religious organization with the sole purpose to serve in religious rites do not need to register with the competent State authorities. Monasteries, convents, and organizations of other religious orders need only to register in accordance with the regulations of the local-level competent State office in order to exercise their right to conduct legal activities. Monasteries, convents, and other religious orders that registered before implementation of this Ordinance do not need to register again. Those who have been carrying out activities but have not yet registered their organizations should register according to these current regulations.

Religious organizations may establish training schools or open additional classes for religious professionals and implement these activities in accordance with general regulations regarding procedures for opening schools and classes.

Ordination, conferment of titles, appointment, election, and nomination within a religion are internal affairs for that religious organization to select and decide according to its State approved charter and regulations; the law requiring members of these religious groups need only civic capacity. After ordinations, conferring of titles, appointments, elections, or nominations, the religious organizations should register with the appropriate State authorities the names of the persons concerned in order to guarantee for them their right to engage in lawful religious activities. This will help build understanding and closer relations between State agencies and religious leaders and create more favorable working relationships. If ordinations, conferring of titles, appointments, elections, or nominations involve foreigners, then prior consensus agreement with the Government Committee for Religious Affairs is required.

The transfer of a religious leader or a member of a religious community is an internal affair of that particular religion. In case of such transfer, the religious organization needs only to inform the People’s Committee of the originating district and register with the People’s Committee of the new district.

The State holds the responsibility to govern society, including religious organizations and religious activities. For that reason, annual registration of religious activities with local government authorities helps these agencies be prepared to facilitate belief-related and religious activities that attract large numbers of followers and believers so that local officials can ensure social order and public security.

An individual may enter a religious order voluntarily, without any coercion or obstruction. A underage juvenile who wishes to do so must have the agreement of his/her parents or guardian. The person in charge of a religious establishment, upon admission of a person who wishes to join that establishment, is responsible for registering that person with the People’s Committee of the commune where the establishment is located in order to guarantee that everyone enjoys the right to freedom of belief and religion without any obstacles.

Appropriate authorities will create favorable conditions for other religious activities, such as: Annual conferences, congresses, preaching, and disseminating activities inside or outside religious establishments with the participation of foreign leaders or religious figures. Religious organizations will be permitted to invite foreign organizations or individuals to Vietnam to conduct related exchanges or activities of international cooperation related to religious affairs. They can also take part in religious activities or religious training courses organized in foreign countries. Foreigners coming to Vietnam are permitted to bring with them religious publications and objects for their own personal need; they may take part in religious activities in religious organizations just like Vietnamese believers or followers; they may invite Vietnamese religious leaders to conduct religious rites for them. However, religious activities will be suspended under the following conditions: if such activities threaten national security; seriously damage public order or the environment; endanger life, health, honor, human dignity, or the property of other people; or violate the law and cause a negative effect on social relations protected by the State.

The State protects the legal assets of belief-related and religious establishments and creates favorable conditions for the management and utilization of land owned by religious organizations and for the construction as well as for the repair, upgrading, and further building of establishments for religious organizations.

A religious organization shall be entitled to solicit contributions and raise funds as well as to accept assets donated and presented voluntarily by domestic and foreign individuals and organizations in compliance with provisions of the law. No abuse of fund-raising for the benefit of individuals or for illegal purposes shall be allowed.

The publishing, printing, and distribution of scriptures, books, newspapers, journals, or other publications related to belief and religion and the trading, exportation, or importation of cultural products related to belief and religion, or the manufacture of articles for use in belief-related and religious activities shall be in compliance with the provisions of the laws on publication, on importation and exportation of non-commercial cultural products, and other related regulations.

The State encourages and creates favorable conditions for religious organizations to take part in humanitarian activities in compliance with the charters and regulations of the organizations and the provisions of the law. Religious leaders and members of religious communities, in their civic capacity, are encouraged by the State to organize educational, medical, charitable, and humanitarian activities in accordance with provisions of the law.

The Ordinance on Belief and Religion has reaffirmed the consistent policies of the State of the Socialist Republic of Vietnam on religion. It has created an important legal framework for the guarantee of the right to freedom of belief and religion of citizens. It meets not only belief-related and religious needs, which are now very diverse and vibrant in Vietnam, but is also in compliance with international agreements that Vietnam has signed or acceded to, including the International Declaration on Human Rights and the International Convention on Civil and Political Rights. The Ordinance is also an important stride in establishing a stable and sustainable relationship between the State and religious organizations. This has paved the way for the religious organizations that have not been recognized to register their religious activities and be recognized once all necessary conditions are met.

The issuance of the Ordinance on Belief and Religion has contributed to improvement of the legal system of Vietnam in the area of belief and religion and is the concretization of guidelines and policies of the Communist Party of Vietnam in this regard. Vietnam has shown its determination to build a state based on the rule of law, a state of the people, by the people, and for the people. In the specific area of religious organizations and activities that has taken the form of a series of decrees. All of these legal documents proceed from the principle of guaranteeing the right to freedom of belief and religion of people and the right to freedom of activities of religious organizations in compliance with the traditions, culture, social ethics, and laws of Vietnam as well as related international laws in this area. This Ordinance will be the foundation for the issuance of the Law on Belief and Religion in the future.

On 4 February 2005, the Prime Minister issued Instruction No. 01/2005/CT-TTg, Some Tasks Related to Protestantism, to address remaining concerns related to religious activities of Protestants, especially ethnic minority groups in the Central Highlands as well as Mông and Dao ethnic minority groups in the Northern Highlands in order to normalize religious life of Protestants so that followers of this belief and religion can have peace of mind and remain closely connected to their communities.



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