(VOVworld) – The draft Law on Association compiled by the Ministry of Home Affairs was discussed this week by the National Assembly Standing Committee. Developing and fine tuning the Law on Association is a positive sign of realizing democracy and ensuring the people’s right of mastery in national affairs.
The 6th Congress of the Hanoi Young Business Association for the 2014-2017 term (photo: tapchicongthuong.vn) |
Freedom of association is a basic citizen’s right acknowledged and respected by the Vietnamese state and defined in the Constitution and law.
Association activities in Vietnam
A large number of civil groups and associations are operating in Vietnam. The Ministry of Home Affairs reports that as of December, 2014, Vietnam had 52,565 associations of which 483 were on a national scale. The rest were local or provincial. Some associations have identified themselves as socio-political or political-social-occupational associations. Most of the associations are social-occupational or social-humanitarian associations, which are voluntary and self-financed. 31 state-financed associations perform social welfare activities and promote national culture and literature.
Associations and groups, particularly those in the economic sector, have contributed greatly to national construction and defense, enhanced connection between its members and the administration, and supported its members in production and business, improving competitiveness, resolving disputes, and sharing market information. Associations have an increasingly important position in criticism and consultation on Party guidelines, State policies, and government socio-economic development programs.
The right of association is respected
The Vietnamese State ensures and promotes citizens’ rights, including the right of association, a fundamental right defined in the Constitution. Article 10 of the 1946 Constitution says Vietnamese citizens have a right to freedom of speech, publication, association, and meeting and a freedom of belief, residency, and traveling inside and outside the country. Article 25 of the 1959 Constitution specifies that Vietnamese citizens have a right to freedom of speech, press, association, meeting, and demonstration. The State ensures the necessary conditions for its citizens to enjoy these rights. Article 67 of the 1980 Constitution says citizens have a right to freedom of speech, press, association, meeting, and demonstration in line with the interests of socialism and the people. Article 69 of the 1992 Constitution says citizens have a right to freedom of speech, press, being informed, association, meeting, and demonstration in line with the law. Article 25 of the 2013 Constitution says citizens have a right to freedom of speech, press, information, meeting, association, and demonstration.
The Vietnamese State also ensures and protects freedom of association in line with Article 22 of the 1966 International Covenant on Civil and Political Rights, which says: “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.”
Building laws to better ensure freedom of association
The 1966 International Covenant on Civil and Political Rights, of which Vietnam is a member, says: “No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.” Therefore, the establishment of associations will not be allowed if it harms national interests or the rights and freedoms of others. Vietnam’s Constitution and law respect freedom of association and no one will be restricted if their association benefits the people and their interests. But the establishment of independent organizations which oppose the organizations in Vietnam’s political system runs counter to the interests of the people and violates Vietnamese and international law. The 13th National Assembly’s decision to formulate a Law on Association is intended to ensure and protect freedom of association and a citizen’s right to join associations. It is in the spirit of ensuring human rights and freedom of association of Vietnam’s 2013 Constitution and the International Covenant on Civil and Political Rights.