What are the human rights under the 2013 Constitution of Vietnam? What are the obligations of Vietnamese citizens under the 2013 Constitution?
What are the human rights under the 2013 Constitution of Vietnam?
Human rights are natural, inherent, and objective human rights recognized and protected in national law and international legal agreements.
The Curriculum of Vietnamese Constitutional Law of the Faculty of Law of Hanoi National University in 2006 states human rights as follows:
"In legal science, human rights are understood as rights that the law should recognize for all natural persons. Those are the minimum rights that individuals must have, rights that legislators must not infringe."
Accordingly, in the 2013 Constitution, human rights are one of the important contents of the Constitution. Human rights are specifically defined in Chapter II of the 2013 Constitution.
To be specific:
(1) Group of civil and political human rights
- All people are equal before the law.
- No one is subject to discriminatory treatment in political, civil, economic, cultural or social life (Article 16)
- Overseas Vietnamese make up an inseparable part of the community of Vietnamese ethnicities.
- The State of the Socialist Republic of Vietnam shall encourage and create the conditions for overseas Vietnamese to preserve and promote the cultural identity of the Vietnamese nation, maintain close ties with their families and native land, and contribute to the construction of their native land and the country. (Article 18);
- Everyone has the right to life. Human life is protected by law. No one may be deprived of life in contravention of law. (Article 19);
- Everyone has the right to the inviolability of his or her body and to the protection by law of his or her health, honor and dignity; no one shall be subjected to torture, violence, coercion, corporal punishment or any form of treatment harming his or her body and health or offending his or her honor and dignity.
- No one may be arrested without a decision of a People’s Court, or a decision or approval of a People’s Procuracy, except in case of a flagrant offense. The arrest, holding in custody, or detention, of a person shall be prescribed by a law.
- Everyone has the right to donate his or her tissues, organs or body by law. Medical, pharmaceutical and scientific experiments, or any other form of experiments, on the human body must be consented to by the human subject. (Article 20);
- Everyone has the right to inviolability of private life, personal secrets and family secrets; and has the right to protect his or her honor and reputation.
The security of information about private life, personal secrets or family secrets shall be guaranteed by law.
- Everyone has the right to privacy of correspondence, telephone conversations, telegrams and other forms of private communication.
No one may illegally break into, control or seize another’s correspondence, telephone conversations, telegrams or other forms of private communication. (Article 21);
- Every citizen has the right to a legal residence. Everyone has the right to the inviolability of his or her home. No one may enter the home of another person without his or her consent. (Article 22);
- Everyone has the right to freedom of belief and religion, and has the right to follow any religion or to follow no religion. All religions are equal before law. The State shall respect and protect the freedom of belief and religion. No one may violate the freedom of belief and religion, nor may anyone take advantage of a belief or religion in order to violate the law. (Article 24);
- Everyone has the right to lodge complaints or denunciations about illegal acts of agencies, organizations or individuals with competent agencies, organizations or persons. Competent agencies, organizations or persons shall receive and resolve complaints and denunciations. Those suffering damages have the right to material and mental compensation and restoration of honor in accordance with law. Taking revenge on complainants or denunciators, or abusing the right to complaint and denunciation to slander or falsely accuse others, is prohibited. (Article 30);
- A person charged with a criminal offense shall be presumed innocent until proven guilty according to a legally established procedure and the sentence of the court takes legal effect.
- A person charged with a criminal offense shall be promptly tried in an impartial and public manner by a court within a legally established time limit. In case of a closed trial by law, the verdict must be publicly pronounced.
- No one may be tried twice for the same offense.
- A person who is arrested, held in custody, temporarily detained, charged with a criminal offence, investigated, prosecuted or brought to trial has the right to defend himself or herself in person or choose a defense counsel or another person to defend him or her.
- A person who is illegally arrested, held in custody, temporarily detained, charged with a criminal offence, investigated, prosecuted, brought to trial or subject to judgment enforcement has the right to compensation for material and mental damages and restoration of honor. A person who violates the law in respect of arrest, detention, holding in custody, laying of charges, investigation, prosecution, trial or judgment enforcement, thereby causing damages to others, shall be punished in accordance with law. (Article 31)
(2) Group of economic, social and cultural human rights
- Everyone has the right to ownership of his or her lawful income, savings, housing, chattels, means of production and capital contributions to enterprises or other economic entities.
- The right to private ownership and the right to inheritance shall be protected by law.
- In case of extreme necessity for national defense or security reasons or in the national interest, in a state of emergency or in response to a natural disaster, the State may compulsorily purchase or requisition the property of organizations or individuals and pay compensation at market price. (Article 32).
- Everyone has the right to freedom of enterprise in the sectors and trades that are not prohibited by law. (Article 33).
- Employees are guaranteed equal and safe working conditions; and have the right to wages and rest periods. (Clause 2, Article 35).
-Discriminatory treatment, forced labor or the employment of people below the minimum working age is prohibited. (Clause 3, Article 35);
- Men and women have the right to marry and divorce. Marriage must adhere to the principles of voluntariness, progressiveness, monogamy, equality and mutual respect between husband and wife. The State shall protect marriage and the family, and protect the interests of mothers and children. (Article 36);
- Children shall be protected, cared for and educated by the State, family and society; children may participate in child-related issues. Harassing, persecuting, maltreating, abandoning or abusing children, exploiting child labor or other acts that violate children’s rights are prohibited.
- Young people shall be provided by the State, family and society with the conditions for learning, working, entertaining themselves, and developing their physiques and minds, and be educated in morality, national traditions and civic consciousness; and shall take the lead in the cause of creative labor and national defense.
- The elderly shall be respected and cared for by the State, family and society to promote their role in the cause of national construction and defense. (Article 37);
- Everyone has the right to health protection and care, and to equality in the use of medical services, and must comply with regulations on the prevention of disease and medical examination or treatment. (Clause 1 of Article 38);
- Everyone has the right to conduct scientific or technological research, or literary or artistic creation, and to enjoy the benefits brought about by those activities. (Article 40);
- Everyone has the right to enjoy and access cultural values, participate in cultural life, and use cultural facilities. (Article 41);
- Everyone has the right to live in a clean environment and must protect the environment. (Article 43)
- Foreign nationals who are persecuted for taking part in the struggle for freedom and national independence, for socialism, democracy and peace, or for engaging in scientific pursuits may be considered for granting of asylum by the State of the Socialist Republic of Vietnam. (Article 49)
What are the obligations of Vietnamese citizens under the 2013 Constitution?
According to the 2013 Constitution, Vietnamese citizens have the following basic obligations:
- The obligation to respect the rights of others (Article 15)
Everyone is obliged to respect others’ rights.
- Obligation to prevent and treat diseases (Article 38)
Everyone has the right to health protection and care, and to equality in the use of medical services, and must comply with regulations on the prevention of disease and medical examination or treatment.
- Obligation to learn (Article 39)
Citizens have the right, as well as the obligation, to learn.
- Environmental protection obligations (Article 43):
Everyone has the right to live in a clean environment and must protect the environment.
According to the Constitution, organizations and individuals that cause environmental pollution, natural resource exhaustion or biodiversity depletion shall be strictly punished and shall rectify and compensate for damage. (Clause 3, Article 63).
- Obligation to be loyal to the Fatherland (Article 44)
A citizen must be loyal to the Fatherland.
High treason is the most serious crime.
- Obligation to defend the Fatherland (Article 44)
It is the sacred duty and the noble right of citizens to defend their Fatherland.
A citizen shall perform military service and participate in building a national defense of all the people.
- Obligation to comply with the Constitution and laws of Vietnam (Articles 46, 48):
A citizen must obey the Constitution and law; participate in the safeguarding of national security and social order and safety, and observe the rules of public life.
Foreigners residing in Vietnam shall abide by the Vietnamese Constitution and law; and have their lives, property, rights and legitimate interests protected by Vietnamese law.
- Obligation to pay taxes (Article 47):
Everyone must pay taxes by the law.
What is the case in which human rights in Vietnam may not be limited?
Under Article 14 of the 2013 Constitution as follows:
Article 14.
1. In the Socialist Republic of Vietnam, human rights and citizens’ rights in the political, civil, economic, cultural and social fields shall be recognized, respected, protected and guaranteed in accordance with the Constitution and law.
2. Human rights and citizens’ rights may not be limited unless prescribed by a law solely in case of necessity for reasons of national defense, national security, social order and safety, social morality and community well-being.
Thus, according to the above, human rights may not be limited unless prescribed by law solely in case of necessity for reasons of national defense, national security, social order and safety, social morality and community well-being.
LawNet