Be indispensable to understand freedom of association under the Constitution

14/07/2014
Under current law, if an association is established within a province or city, it shall be approved by Chairman of the city and if it operates across many provinces or cities, it must be approved by Minister of the Interior.
However, the independent associations almost never register or ask permittion that all express no respectation of the law. They also invoked the Vietnam Communist Party is an organization “without permission” but forget that the role and activities of the Party has been clearly stated by many of our country's Constitution ever.
To deceive the public, the democrats always argue that, a group of intellectuals naturally formed can not violate the law. They deliberately forget that Article 25 of the Constitution of the Socialist Republic of Vietnam has very clearly defined: “Citizens have the right to freedom of speech and freedom of the press, and have the right of access to information, the right to assembly, the right to association, and the right to demonstrate. The exercise of those rights shall be prescribed by law”.
Thus, our State recognizes the right to freedom of association but to exercise this right must be regulated by law (including the Constitution and the other laws or bylaws). At this moment, there is no law of association but the association rules are reflected in legislation such as Decree No. 102/SL/L004 dated May 20, 1957, the Civil Code of Vietnam in 2005, the Law on Governmental Organization, Decree No. 45/2010/ND-CP and Decree No. 33/2012/ND-CP of the Government.
Currently, most of the above independent organizations are not operating in accordance with Constitution and other law. At the conference titled “Review legislation to ensure the provisions of the Constitution of human rights” held on June 20 by the Office of the Permanent Steering Committee for Human Rights of the Government in collaboration with the Ministry of Justice, there were many opinions about this issue. According to Mr. Pham Van Ba, Deputy Chief of the Permanent Steering Committee for Human Rights, the Congress has put law of Protesting into legislative program in 2015 and a number of other laws such as the Law on referendum, the law of association, religion... will continue to be improved in the future. But now, there are many bylaws guide this issues leading to a fact that though the Constitution was in effect, the rights of association are still “prescribed by law” in accordance with the Constitution. According to Mr. Pham Van Ba, many signals show that independent unions are illegal organizations.
Prof. Dr. Pham Huu Nghi (Institute of State and Law), a researcher for Human Rights has analyzed, in the International Covenant on Civil and Political Rights 1966, in Clause 1, Article 22 states that: "Everyone has the right to freedom of association, including the right to form and join trade unions for the protection of his interests". However, paragraph 2, Article 22 points out: “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 (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others...”. Thus, the right of association is recognized in the 2013 Constitution of Vietnam fully consistent with international law. It can not be arbitrary to create an association if that association is detrimental to national interests, public and freedoms of others.
Prior to that, Mr. Phan Trung Ly, Chairman of the Legal Committee of the National Assembly affirmed: “The laws on demonstrations and association have been mentioned much because Vietnam National Assembly realizes that their quality is unsatisfied. According to the requirements of the Constitution, those laws will be formed”.

The reality shows that the State of Vietnam always recognizes, respects and increasingly completes as well as ensures better enforcement of citizens’ rights of association. These arguments for calling establishment of illegal associations, independent trade unions to slander Vietnam violated human rights or put into a condition when Vietnam joins the TPP are sophistry and contrary to the reality in Vietnam.
Chia sẻ bài viết ^^
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All comments [ 10 ]


Hoàng Lân 14/7/14 21:57

The plot of taking advantage of these civil society organizations by the hostile forces is truly wicked.

Hùng Quân 14/7/14 21:58

I do not understand the function of these organizations!

Quốc Cường 14/7/14 21:59

Civil society organizations must show their role and effectiveness in the development of our country so that this category is recognized by society itself.

Huy Lâm 14/7/14 22:01

This concept is not new but its connotation is variable in each society. If carrying connotations of Ưestern society to Vietnam, it is necessary to reconsider.

Quốc Kiên 14/7/14 22:04

I support civil society if it works for the advancement of society.

Phạm Hiếu 14/7/14 22:06

Do not exaggerate the importance of the matter, civil society will not be an impact on a solid society under the policies of the Vietnam Communist Party.

Lê Tín 14/7/14 22:07

Pluralistic in Vietnam is clear intrigues of the hostile forces.

Vân Nhàn 14/7/14 22:09

Do not allow civil society to become the signboards for hostile forces to execute their personal interests and political intrigues.

Huy Quốc 14/7/14 22:10

We should learn and study carefully for profound nderstanding of the civil society as well as how to develop civil society correctly in Vietnam.

Quân Hoàng 14/7/14 22:12

Many individuals and organizations have taken advantages of this issue to execute every scheme to their personal interests.

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