Human Rights in Vietnam – A Current Reality

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Introduction

Human¹ rights in Vietnam are often understood as natural and inherent human needs and interests. That is recognized and protected in national laws and international legal agreements. [Nguyễn Đăng Dung et al. 2015: 40] Human rights are the ability to exercise natural and objective privileges of human, as a person and as a member of society, guaranteed by a system of national policies, laws, and international legal agreements on human values in material relations, physical, cultural, spiritual, freedom and development needs [Chu Hồng Thanh 1997: 23]. With this in mind, it is clear to Vietnam that no country has the right to judge another state on the human rights situation if it is not based on broad recognition by international conventions. Therefore, in the process of integration, the Communist Party of Vietnam and the State of Vietnam pay special attention to dialogue and international cooperation to narrow differences, increase understanding in the approach to human rights in Vietnam [Bộ ngoại giao 2018: 7–8].

When studying the reality of the human rights situation in Vietnam in recent times, many foreigners and Vietnamese have also done research related to the human rights situation in Vietnam. The outstanding research work of V.M. Mazyrin has pointed out many issues concerning civil liberties and human rights. According to Mazyrin, "despite serious limitations, compliance with civil rights and liberties in Vietnam has improved" and said that "the norms of liberal democracy, established by Western human rights defenders consider it natural, but their demands are not relevant to the local population” [Mazyrin 2007: 88]. In our opinion, although the above perception has acknowledged the progress and improvement of the human rights situation in Vietnam, it is perhaps no longer appropriate because up to nowadays, those remarks existed 14 years ago. Therefore, this article with specific examples, updated positively, will have many new insights into the reality of the human rights situation in Vietnam today.

It can be seen right in the Russian Journal of Vietnamese Studies, the article by A.P. Tsvetov and P.Yu. Tsvetov when referring to “the public protests in Vietnam that took place in its largest cities…. These protests in the context of the civil society development as evidence of increased activity of public forces in the country under the influence of new opportunities to mobilize them for protests, including through social networks” [Tsvetov, Tsvetov 2018: 16]. This article of Tsvetovs has raised the question of whether the public reaction in Vietnam is a manifestation of the human right to freedom or the limitations of the State on human rights. In another approach, we focus extra on the first value – the manifestation of the right to freedom. Human rights in Vietnam must be more liberal. So we will analyze the issue in more detail in this article.

Other articles such as by Tsvetov P.Yu. “The new constitution of Vietnam: growing emphasis on human and civil rights” [Tsvetov 2014] or by Britov I.V. “Is Vietnam threatened by a ‘color revolution’?” [Britov 2021] although do not directly address human rights issues in Vietnam, they mention tools to ensure progress on human rights issues in Vietnam. And that is also the basis for the stable and sustainable development of Vietnam. That is the constitution of Vietnam and the ruling Communist Party of Vietnam.

For the values of human rights in Vietnam, Tran Thi Minh Tuyet has analyzed the achievements and limitations in democratization [Tran Thi Minh Tuyet 2019-2: 18-27]. In addition, we can see that the research works reflect the human rights situation sporadically, such as the study of Mother Goddess worship (Tín ngưỡng thờ Mẫu) in Vietnam to make human rights claims [Salemink 2020: 129-154]. Or very specialized research on the human rights situation in Vietnam as reflected in the constitution [Giao Cong Vu 2017: 235–262].

Such studies will not be exhaustive, nor will they reproduce vivid human rights activities in Vietnam. Therefore, to provide more awareness about human rights in the country, the article will analyze human rights recognized in the international community, expressed in the United Nations conventions on civil, political, economic, cultural, and social rights. With that analytical framework, this article will partly contribute to human rights activities carried out in Vietnam.

This article, moreover, also contributes to a clear answer to the questions that some Western countries often ask specifically about human rights in Vietnam: Do Vietnamese people have freedom of speech? Press freedom? In Vietnam, is there oppression of ethnic minorities or disadvantaged groups in society? Do Vietnamese people have freedom of religion?

Civil and political rights

The current Vietnam Constitution approved by the National Assembly in 2013 marks a crucial step in awareness of human rights as well as the responsibilities of organizations and individuals to recognize, respect, protect, and guarantee human rights and citizen rights in all fields.

The 2013 Constitution has 11 chapters, 120 articles.² In particular, the chapter on human rights, common rights, and obligations of citizens is the chapter with the highest number of articles, including 36 articles (from article 14 to 49). That is an important chapter because it concerns the relationship between citizens and state agencies. From 2014 to the end of November 2019, the National Assembly amended, supplemented, and promulgated more than 100 new laws and ordinances related to the warranty of human rights and civilian rights under the 2013 Constitution. The considerable achievements in legislation and law enforcement that Vietnam has achieved in more than 30 years of implementing the renovation are the factors that protect law so that everyone has the opportunity and favorable conditions to enjoy human rights.

The 2015 Penal Code institutionalizes the policy of increasing the applicability of sanctions. It does not deprive freedom but limits the imprisonment penalty and institutionalizes the policy of restricting the application of the death penalty. The principle of presumption of innocence states that no one is convicted twice for the same crime, litigation in a trial is guaranteed. The 2015 Civil Code has added general principles on the establishment, implementation, and protection of civil rights, stipulating the responsibilities of courts and other competent agencies in protecting the civil rights of individuals and legal entities [Thành Trung: 28.08.2020].

All above decrees comply with the 2013 Constitution, in which there are two basic principles as follows: firstly, “The State ensures and promotes the rights to mastery; recognizes, respects, protects, and guarantees human and citizen rights; realizes the goal of rich people, strong country, democracy, justice, civilization, ... (Article 3); secondly, “The Communist Party of Vietnam closely associated with the People, serves the People, is subject to the supervision by the people, and is accountable to the People for its decisions” (Article 4).

Notably, the revised content and new laws have shown new perceptions and views of the State of Vietnam in the field of human rights. For example, the Law on Beliefs and Religions (2016) not only simplifies licensing procedures for religious practices, canon law, and religious rituals but ensures the rights of all religious persons. They are Vietnamese citizens or foreigners, whether free men or serving sentences [Cao Đức Thái: 28.01.2019].

Along with efforts to improve the domestic legal system, Vietnam also strengthens international cooperation to protect and promote human rights. Vietnam became a member of 7/9 essential international conventions on human rights. It is the Covenant on Civil and Political Rights (1982); Convention on Economic, Social and Cultural Rights (1982); Convention on the Elimination of All Forms of Discrimination against Women (1982); Convention on the Elimination of All Forms of Racial Discrimination (1982); Convention on the Rights of the Child (1990); Convention on the Rights of Persons with Disabilities (2015); Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (2015). In addition, Vietnam also joined many other international treaties related to protecting human rights and international humanitarian law and the International Labor Organization (ILO) conventions on human rights and international humanitarian charter, and the protection of worker rights [Hà Kim Ngọc: 18.12.2015]. These conventions are all codified in the Vietnamese legal system.

Vietnam commits to comply with international treaties to which Vietnam is a member. It reflects the Constitution, the Law on International Treaties, and the Law on Promulgation of Legal Documents. If a domestic legal document and an international treaty have different provisions on the same issue, the provisions of that international treaty shall apply, except for the Constitution (Article 6. Law of International Treaties).

Vietnam seriously implements the Universal Periodic Review (UPR);³ actively participates in many important UN mechanisms on human rights such as the Peoples’ Rights Council for the 2014– 2016 term, the Socioeconomic Council for the 2016–2018 term. In addition to dialogues with all UN members within the framework of the UPR, Vietnam has also conducted dialogue or bilateral consultations with several partners interested in human rights. In the five years alone (from 2015 to 2020), Vietnam has had six human rights dialogues with the US, five with the EU, three with Norway, and four with Switzerland [Hoàng Nam: 10.10.2020]. These dialogues aim to exchange views and learn from each other to further enhance the enjoyment of rights by people in each country. The activity has contributed to helping other countries better understand Vietnam’s interests. It includes differences, priorities and explores cooperation opportunities in human rights.

In 2019, at the Human Rights Council, Vietnam, together with Bangladesh and the Philippines, introduced the Resolution on the rights of disabled people with 49 co-sponsors. As a society representing ASEAN voice in Human Rights Council’s events on women rights, Vietnam also introduced related initiative. Vietnam is considered a core member of the Human Rights Council in promoting the settlement of human rights.

During their tenure as a nonpermanent member of the United Nations Security Council in 2008– 2009, Vietnam chaired and pushed for the adoption of Security Council Resolution 1889 on the role of women in the postwar period. Building on that result, Vietnam expected to host several important events related to this content, especially about the role of women in negotiation, peace-building, postwar reconstruction [Hồng Điệp, Diệp Trương: 10.12.2019].

In addition, Vietnam is studying the possibility of joining some human rights conventions, such as the International Convention for the Protection of All Persons from Enforced Disappearance (CPED), the International Convention on the Protection of the Rights of All Migrant Workers and Members of their families (ICRMW). As for the optional Protocols of the Convention, Vietnam will continue to study and consider them in the coming time.

The people’s right to rule is reflected in the right to vote and stand for election. The results of the 15th National Assembly (term of 2021–2026) election have shown this. There were 69,243,604 voters (99.60% of the total number) who went to the polls. The structure of elected delegates reflects the right to choose deputies. The specific results are following: of the 499 delegates, ethnic minorities are represented by 17.84% of delegates, young delegates under 40 years old by 9.42%; non-Party members by 2.81%. For the first time in the National Assembly terms, the percentage of National Assembly deputies who are women is 30.26%, the highest ever [Tỉ lệ đại biểu quốc hội: 10.07.2021]. In addition, the people’s right to participate state management is reflected in the voices of their representatives in the National Assembly. In recent terms, the National Assembly sessions televised live for the citizens to watch; question-and-answer sessions are of particular interest for them. Hot issues are discussed directly in the hall between delegates and relevant ministry leaders [Cao Đức Thái: 28.01.2019].

The rapid growth of organizations, associations, and clubs proves that rights to freedom of assembly and association are respected and guaranteed. The number of dignitaries, monks, and professional religious activists is constantly increasing year by year. Religions approved by the State of Vietnam have the right to establish schools, the right to training institutions for dignitaries, publish scriptures, participate in social activities. Vietnam has 41 organizations belonging to 16 religions, 29,977 total worshiping facilities, 55,839 total dignitaries [Ban tôn giáo chính phủ 2020].

With 13.2 million religious followers accounting for 13.7% of the total population, this is both a resource and a good source of capital.⁴ There are more than 8,000 religious festivals every year, attracting a lot of believers, and the masses. As of 2018, there are 12 newspapers and magazines related to religion. Most religious organizations have their websites [Chu An: 07.07.2020]. In 2008, 2014, 2019, the United Nations chose Vietnam as the venue for successful holding of the Great Buddha Birthday etc.

The establishment of religious organizations reflects the State’s interest for consistent exercising the right to freedom of belief and religion. And it affirms that Vietnam does not discriminate between people of some religion or beliefs. It does not discriminate against any religion endogenous or transmitted from abroad, whether it is a long-established or a newly recognized religion. Moreover, the religious freedom of ethnic minorities is always guaranteed [Chu An: 07.07.2020].

In the context of the 4.0 industrial revolution, to ensuring human rights, citizenship, promoting economic and social development, Vietnam has established a National Committee on e-Government [Quyết định 1072/QĐ-TTg: 28.08.2018] to provide online public services. It improves the efficiency of receiving feedbacks and recommendations from people and businesses. And officials, agencies, and organizations listen to opinions and solve all legitimate needs of the people [Hồng Quang: 05.12.2020].

Economic, cultural, and social rights

After seven years (since 2007) as an observer at the Human Rights Council, Vietnam was elected to the United Nations Human Rights Council for the 2014-2016 term with 184/193 valid votes. Become the country receiving the highest number of votes among the 14 selected countries [Những bước tiến: 11.12.2020].

In all economic sectors, qualified persons are helping to participate in the development process. [Minh Duyên 2019] In 2019, Vietnam first appeared in the group of 60 creative economies of the world [Đội lốt “theo dõi nhân quyền”: 10.01.2020].

One of the remarkable human rights achievements is that Vietnam has paid attention to promoting, protecting, and ensuring fundamental rights for vulnerable groups in society. Thus, the multidimensional poverty rate in Vietnam decreased from 9.88% (in 2015) to 3.73% (in 2019). There are nearly 3 million poor and disadvantaged people in the country granted free health insurance cards. In 2020, the Government will submit to the National Assembly for approval of the investment policy of the National Target Program for Socioeconomic Development in ethnic minority and mountainous areas to prioritize resources, invest in target poverty reduction faster. State programs help the poor in different forms have resulted in the average poverty of the whole country decreased by about 1.43 per/year. The reform of medical examination and treatment procedures creates the most favorable conditions for participators of health insurance to access high-quality medical services. 2019 spent about 32,300 billion VND (accounting for medical expenses about 35%) to support the poor and policy beneficiaries participating in health insurance, contributing to the health insurance coverage rate of nearly 89% of the population by June 2020.⁵

In terms of freedom of speech, press, cyberspace, and social networks, the State guarantees ideology, politics, and technical basis (invested by the State). Currently, Vietnam has 858 printing press companies, 105 electronic news offices, 207 websites of general information of press agencies. In 2018, the National Assembly of Vietnam promulgated the Law on Cybersecurity (effective January 1, 2019). This law guarantees the right to access information for Vietnamese and foreigners who live and work in Vietnam. In Vietnam today, there are major news agencies and newspapers such as CNN, BBC, TV5, NHK, DW, Australia Network, KBS, Bloomberg... Through cyberspace, Vietnamese people today can access news, articles from foreign news agencies, and the press, websites operating in Vietnam. The Law on Cybersecurity defines the rule of law principle of Vietnam while respecting and ensuring human rights (Article 4). According to a report by internet research organization – We Are Social, Vietnam population of approximately 96.9 million people, January 2020, there are 68.17 million internet users, accounting for 70% of the residents, and up to 65 million social network users, accounting for 67% of the population. With this rate, Vietnam is one of the leading countries in Southeast Asia in internet and social network usage.⁶

In education, the scale of education continues to increase at all levels and disciplines, meeting the growing learning needs of the people. Sixty-three provinces and cities have achieved universalization of preschool education for five-year-old children. And universalization of primary education.

Continuing difficulties

In fact, for a long time, Vietnam has been an underdeveloped country, having to face many wars that drain the economy, destroy the environment, and have resources that affect the implementation of many goals in social policy related to human rights. Recently, along with positive socioeconomic development results, Vietnam has made efforts to address human rights issues. However, resources are still limited in ensuring human rights. Moreover, the level of socioeconomic development is not uniform across regions and population groups. Vietnam is facing the problem of a shortage of resources for evolution, especially in carrying out the policies to support and guarantee the rights of disadvantaged and vulnerable groups in society. The risks of climate change, natural disasters, epidemics, and other nontraditional security issues, which the vulnerable groups are troublesome hit, remain a significant challenge for Vietnam. Some outdated customs and practices hinder women and vulnerable groups such as children, people with disabilities, and ethnic minorities from actively protecting their rights. The ideology of respecting men and disrespecting women, home violence still exists, especially in places with low educational attainment. These problems affect each citizen in enjoying their rights, also challenge state agencies in formulating and implementing policies to improve the material and spiritual life of people. Along with the lack of resources, despite many efforts, the coverage of the current social security system is still modest, affecting the full enjoyment of economic and social, and cultural rights of the people.

Although human rights education has been paid attention to and promoted, there is still a particular gap to compare the requirements. The content of teaching on human rights is still elementary. Almost stop at providing information and content of legal regulations. On the other hand, the legal framework on human rights in Vietnam is still perfect. The capacity to organize the application of the law is still limited, and the understanding and awareness of law enforcement are not high. While the necessary and sufficient conditions to ensure the effective implementation of the law are not always thoroughly guaranteed, which has affected the achievement of the set objectives and affected the performance of the international law and conventions. These challenges do not only directly affect each resident but also disperse the resources of the country. Reduce the effectiveness of policies to encourage and promote the development of civil and political rights.

Conclusion

Vietnam has had a moderately early awareness of human rights, ratified many international conventions related to human rights, and has its views. The views and policies on human rights coincide with the common perceptions of the international community. The practice of civil, political, economic, cultural, and social issues in Vietnam has clearly shown that.

However, due to different approaches and assessments, many activities in Vietnam are still considered to have not met human rights standards. So, Vietnam needs to pay attention to the path and settlement to satisfy the general conditions of international human rights. And still, bring the good traditional humanitarian values of Vietnam.

Therefore, in relations between countries, political institutions should have equality and independence. The values, concepts, and standards of human rights in one country cannot apply or measured, or assessed in another country. Even if force another country to follow. What states need to follow are common human rights standards that are accepted by the international community. Differences and resolving those differences need an objective, scientific, and biased view toward bringing freedom and happiness to people.

 

¹The authors received financial support from the VNU University of Social Sciences and Humanities, Hanoi for the research, and publication of this article.

²The constitutional legacy has been reflected in each constitution in Vietnam since the 1946 Constitution, 1959 Constitution, 1980 Constitution, 1992 Constitution, and 2013 Constitution.

³UPR has been regulated by the United Nations Human Rights Council since 2008. It is a periodical (every 4-5 years) review mechanism on the protection and promotion of human rights in all UN member states, in the spirit of equality and constructive dialogue. Vietnam has participated in the UPR and fully implemented the recommendations from the previous reporting sessions. The Third Periodic Universal Report (first time, 2009; second time, 2014) clearly shows its views on human rights issues in Vietnam. In the Third Report (January 22, 2019), Vietnam first clarified the implementation of the recommendations from the Second report. In October 2018, Vietnam had implemented 175 out of 182 (96.2%). The seven recommendations remaining are considered for implementation at the appropriate time.

⁴According to the statistics announced by the Central Population and Housing Census Steering Committee on December 29, 2019. Retrieved on 20.03.2020 from URL: http://baochinhphu.vn/Tin. However, according to stats of the Government Committee for Religious Affairs, as of June 2017, Vietnam has about 25.3 million followers, accounting for 27% of the country’s population. Retrieved on 20.06.2020 from URL: http://btgcp.gov.vn/.

⁵The number of people participating in health insurance was only 3.8 million (5.4% of the population) in 1993.

⁶Average internet and social media users in Southeast Asia are 66% and 63%, https://wearesocial.com/digital-2020.

About the authors

Anh Cuong Nguyen

Vietnam National University

Email: nguyenanhcuong@ussh.edu.vn
ORCID iD: 0000-0003-0687-4430

Ph.D. (Political Sciences), Associate Professor, Vice Dean of the Faculty of Political Science, University of Social Sciences and Humanities

Viet Nam, Hanoi

Dinh Cuong Nguyen

Dong Thap University

Email: ndcuonght@gmail.com
ORCID iD: 0000-0001-5600-8907

Ph.D. (Political Sciences), Lecturer

Viet Nam, Cao Lanh, Vietnam

Thi Hien Do

Industrial University of Ho Chi Minh City

Author for correspondence.
Email: dothihien@iuh.edu.vn
ORCID iD: 0000-0002-9093-8566

Ph.D. (Political Sciences), Lecturer, Faculty of Political Theory

Viet Nam, Ho Chi Minh

References

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