The Constitution of the Democratic Republic of Vietnam, adopted on November 9, 1946, stipulates the citizens' right to form Associations as follows:Vietnamese citizens have the right to:- Freedom of speech;- Freedom of the press;- Freedom to organize and assemble;- Freedom of belief;- Freedom of residence, travel within the country and abroad...
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The Guidelines of the Communist Party CSVN on the Right to Association
Right from the 1930s, when the Communist Party CSVN was established, numerous associations and guilds—collective groups of the citizenry—actively responded to the national liberation struggle policy advocated by the Communist Party. Hundreds and thousands of small associations of urban and rural populations operating in social, humanitarian, charitable, and hobby domains, gradually became enlightened and aware of the national disgrace of losing sovereignty, supporting and aiding the national liberation cause initiated by the Communist Party CSVN. The Communist Party CSVN also widely mobilized the masses through the establishment of political-mass organizations such as the Indochinese Anti-Imperialist united front in 1930, the Democratic Front (1936 - 1939), the Viet Minh Front (1942 - 1946), and the Lien Viet Front (1946 - 1954), etc.
The success of the August Revolution in 1945, the peace and reunification of the country in 1975, and the prosperous development of Vietnam during the Renovation period are historical milestones that demonstrate the immense contributions and dedication of various societal strata to the great national cause of safeguarding and building the nation. In this context, associations and social organizations have played very crucial roles.
Since its establishment, the Communist Party CSVN has consistently affirmed that the Revolution is the cause of the masses, and thus, has always emphasized the gathering and development of mass organizations and social organizations.
Resolution 8B-NQ/HNTW of the Central Committee of the Communist Party VIII dated March 27, 1996, clearly stated: "In the new phase, it is necessary to establish associations that meet the legitimate needs of the people's profession and life, operating towards national benefit and mutual support. Public mass organizations are established on principles of voluntariness, self-governance, and self-financing within the legal framework."
In the same spirit, the Resolution of the IX Congress of the Communist Party CSVN pointed out: "Expand and diversify the forms of gathering the people to participate in mass organizations, social organizations, professional, cultural, friendship, charitable and humanitarian associations" (Documents of the Congress of the Communist Party CSVN, National Political Publishing House 2001).
Vietnamese Law on the Right to Association
Immediately after the success of the August Revolution, President Ho Chi Minh, on behalf of the Government of the Democratic Republic of Vietnam, issued Decree No. 52 on April 22, 1946, regulating the right to association.
The Constitution of the Democratic Republic of Vietnam, passed on November 9, 1946, defined the right to association of citizens as follows: "Vietnamese citizens have the right to: - Freedom of speech; - Freedom of publication; - Freedom of organization and assembly; - Freedom of belief; - Freedom of residence, movement within the country, and abroad" (Article 10).
On May 20, 1957, President Ho Chi Minh signed the first comprehensive legal document regarding the people's right to association. Decree No. 102 was issued in the form of a Law—Law on the right to association.
Article 1 of this law states: "The people's right to association is respected and guaranteed. Associations must have legitimate and appropriate purposes, beneficial to the people's interests, promoting unity among the people, to contribute to building democratic policies for our state. This regulation officially confirms the commitment of the Democratic Republic of Vietnam to respect the people's right to association and specifies certain execution conditions. These include: a) purposes must be clear, legitimate, and beneficial to the people; b) the association’s activities must promote unity among the people; c) the association's activities must aim at building democratic policies for the people.
Article 2 of the 1957 Law also detail the citizens' rights when exercising the right to association: "Everyone has the right to form associations except those who have lost civil rights or are being prosecuted by law. Everyone has the freedom to join legally established associations and the freedom to leave associations. No one shall infringe the right to association and the freedom to join or leave an association of another person..."
The Constitution of the Democratic Republic of Vietnam, passed on December 31, 1959, stipulated the right to association of citizens as follows: "Citizens of the Democratic Republic of Vietnam have the rights and freedoms, including freedom of speech, press, assembly, association, and demonstration. The state guarantees the material conditions necessary for citizens to enjoy these rights" (Article 25).
The Constitution of the Socialist Republic of Vietnam, passed on December 18, 1980, defined the right to association as follows: "Citizens have the freedoms of speech, press, assembly, association, and demonstration, consistent with the interests of socialism and the people. The state provides the necessary material conditions for citizens to exercise these rights. No one may exploit democratic freedoms to infringe upon the interests of the state and the people" (Article 67).
The Constitution of the Socialist Republic of Vietnam, passed on April 15, 1992, stipulated the right to association as follows: "Citizens have the rights to freedom of speech, and the press; have the right to access information; have the right to assembly, formation of associations, and demonstration according to the provisions of law" (Article 69).
From the historical perspective of Vietnam's constitution and legislation related to the people's right to association, it can be affirmed that since gaining political independence from French colonial policies, the right to association has always been officially recognized by the Vietnamese state as one of the basic and important freedoms and rights of the people.
In international relations, the State of Vietnam has also committed to respecting and ensuring the implementation of fundamental human rights, including the right to association. Vietnam has participated in many international human rights conventions, among which the most significant is the International Covenant on Civil and Political Rights, adopted by the United Nations General Assembly on December 16, 1966. Article 22 of this Covenant stipulates the right to association as follows:
"1) Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.
2) No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals, or the protection of the rights and freedoms of others."
As a signatory to the 1966 Covenant on Civil and Political Rights, the State of Vietnam has legal obligations related to the implementation of the right to association in Vietnam. Thus, building and perfecting Vietnamese law on the people's right to association not only aims to improve the Vietnamese legal system and concretize the constitutional right of freedom of association acknowledged by the Vietnam Constitution, but it is also a legal obligation of the Vietnamese state in international relations.
An Complete Legal Framework on Associations
In the trend of international integration and continuing the Renovation policy, the Government of Vietnam has paid attention to the legal construction of the right to association. In the early 1990s, the Ministry of Internal Affairs was tasked by the Government of Vietnam with drafting normative legal acts on associations. On July 30, 2003, the Government of Vietnam issued Decree 88/2003/ND-CP regulating the organization, operation, and management of associations. Following that, on January 15, 2004, the Ministry of Internal Affairs issued Circular No. 01-2004/TT-BNV guiding the implementation of certain provisions of Decree 88/2003/ND-CP.
With the issuance and application of Government of Vietnam Decree No. 88/2003/ND-CP on organizing, operating, and managing associations, as well as Circular No. 01/2004/TT-BNV of the Ministry of Internal Affairs, many new associations and social organizations were established and made significant contributions to society.
However, the implementation process of Decree 88 and other related documents on the organization, operation, and management of associations reveals numerous limitations and inadequacies that fail to meet the demands of renovation and international economic integration. Here are some opinions about difficulties and shortcomings through the implementation of Decree 88:
- Opinion of the Hanoi Department of Interior (Excerpt from the Report on the Results of research and survey of the implementation of Decree 88/2003/ND-CP dated July 30, 2003, by the Government of Vietnam on the regulation of organizing, operating, and managing associations from state management agencies conducted by the Vietnam Lawyers Association and the Center for Information and Community Development (CICD)).
As for state management in the city, after granting establishment permits to associations, there is almost no management currently being done.
- Opinion of 28 Associations - non-governmental organizations (Excerpt from the Report on the Impact Assessment of Decree 88/2003/ND-CP - issues and recommendations, conducted by CICD).
Most provincial-level associations shared the common opinion that Decree 88 has made it difficult to establish district-level associations because before Decree 88, district-level associations were sanctioned by district-level People's Committees, but now it is decided by provincial-level People's Committees, causing inconvenience for both district-level associations and provincial-level People's Committees.
- Certain state agencies, when discussing difficulties and inadequacies two years after the implementation of Decree 88/2003/ND-CP in the Report on the Results of research and survey of the implementation of Decree 88/2003/ND-CP dated July 30, 2003, by the Government of Vietnam on the organization, operation, and management of associations from state management agencies, mostly proposed simplifying administrative procedures concerning association activities. The authors of the report assessed that: In reality, the coordination among state agencies in the licensing process, as currently conducted, is still limited. Decree 88 has not thoroughly resolved this issue, leading to the establishment procedure for associations not being genuinely straightforward and swift.
Another reality is that during the implementation of Decree 88, some local authorities either do not fully understand or apply the decree too rigidly, causing difficulties for associations.
A potential cause of the above situation might be that during the drafting process of Decree 88, the drafting body did not consult the opinions of associations, which are directly affected by the decree. Consequently, the content of Decree 88 is detached from reality and impractical. Thus, the legal framework on associations needs revision and completion.
Simultaneously, the operational needs of civil society, state management roles concerning associations and social organizations, and the demands of international integration trends are high-priority factors affirming the necessity of issuing a relatively comprehensive legal framework in the form of a law. This endeavor aims, on one side, to fully implement the people’s right to association, harness the role of civil society, and on the other side, ensure effective state management of associations and social organizations, moving towards a rule-of-law state. In this context, the Ministry of Internal Affairs has been tasked by the Government of Vietnam with leading the proposal to draft the Law on Associations.
Source: Vietnam Chamber of Commerce and Industry
