Human rights and citizen rights in Vietnam

In comparison with the Constitution 1959, 1980, and 1992, the Constitution 2013 represents a turning point on codifying human rights set forth under international instruments because it emphasizes he respect of human rights and it largely expands the scope of citizen’s rights.

The explicit provisions on human rights are observed in Chapter II of the Constitution 2013, such as the right to business freedom (Article 33); right to owner ship (including means of production, capital, and other assets in enterprises or in other economic organizations) (Article 32); freedom of movement and residence inside the country and of departure for the return from foreign countries (Article 23); right to receive information (Article 25); freedom of belief and religion and equality of religions (Article 24); right to be considered innocent of a crime until a verdict has been reached by the Court and has come into effect (Article 31); the State protects the legitimate rights and interest of oversea Vietnamese (Article 18) by confirming that they are an inseparable part of community of Vietnam.

In addition to the 1992 Constitution, which provides basic human and citizen’s rights, Vietnam has enacted numerous legislation to prescribe and to protect human rights, as well as to implement its commitments under international instruments. Legislation prescribing individual freedoms has increased and become more comprehensive; for example, human rights are addressed in: The 2005 Civil Code, the 1999 Criminal Code (and amendments), the 2003 Criminal Procedural Code, the 1994 Labor Code  (and amendments), the 2005 Law on Commerce, the 2008 Law on Housing, the 2005 Law on Residence of Foreigners in Vietnam, and so on.

With the efforts of the Communist Party and the State in renovating and developing the private economy, the Human Development Index of Vietnam has risen from 0,683 (in 2000) to 0,733 (in 2008), ranking 100/177. Thus, Vietnam belongs to the high-average group. Vietnam has also completed 6/8 Millennium Development Goals (MDG) of the United Nations for developing countries to 2015.

The Vietnamese Government has continuously supplemented and amended its rules, as well enacted new rules, to align with international norm and standards on human rights and social-economic changes of the country. Vietnamese law and regulations are now largely in compliance with the international standard of human rights and the protection of these rights are even more advanced in comparison with international customary law and domestic law of other countries. 

However, the protection of human rights in Vietnam still face with some problems due to lack of awareness of officials, lack of facilities and materials necessary for the ensuring human rights, and lack of information, among other issues. In addition to adopting international provisions on human rights through domestic law, Vietnam conducts various activities to implement its commitments under international instruments to ensure these rights in practice. With the view of central role of human rights and with the view that human beings are driving force, as well as objective, of the country’s development, various new policies initiated by the Communist Party of Vietnam have has positive impacts on economy and society. Furthermore, these policies strongly affect the awareness and protection of human rights in Vietnam.