Law on Association is not a drawback of human rights implementation (Part I)

11/08/2015


The right to association, recognized in the Universal Declaration of Human Rights 1948 and International Covenant on Civil and Political Rights 1966, is a fundamental right of the humans and plays an important role in promoting other human rights. In Vietnam, the right to establishment of associations is stipulated in Article 25 of the amended Constitution 2013. Through the establishment and participation in associations, individuals connect to protect their rights, as well as to help each other in social, cultural and economic activities. In the field of politics, the right to freedom of association also plays a vital role in institutionalizing the rights to election, candidature and to management of the country.
As we know right of association is part of human rights, and in respecting and ensuring human rights Vietnam’s National Asembly has drafted a new and more detailed “Law on association” in recent years. The new draft law on associations set for review at Vietnam’s National Assembly in October this year. The law would cover all non-governmental organizations (NGOs) which are operating in Vietnam now.
First, we should know more about NGOs which are also often referred to as "civil society organizations" or CSOs.
A non-governmental organization is a not-for-profit group, principally independent from government, which is organized on a local, national or international level to address issues in support of the public good. Task-oriented and made up of people with a common interest, NGOs perform a variety of services and humanitarian functions, bring public concerns to governments, monitor policy and programme implementation, and encourage participation of civil society stakeholders at the community level. Some are organized around specific issues, such as cultural exchange, technology, environment, etc.
Numerous local, regional and international NGOs have played an essential role in national rule of law reform processes and at the global and international level. Some conduct research and analysis in the legal and other fields (e.g. sociology, economics) relevant to the rule of law. In many cases, they produce reports with policy recommendations, for use in their advocacy. NGOs often serve as early warning mechanisms and help monitor and implement international agreements. Others group professionals or other NGOs in specialized fields or professions into associations, networks or commissions with a view to exchanging knowledge and good practices, and facilitating the provision of rule of law assistance.
In Vietnam, there are different forms of associations in Vietnam, including groups which are either registered or not with state agencies, or groups operating at local, national or international levels, or groups working in areas of economics, culture or social issues... But, much of the legal framework for NGOs in Vietnam is in regulations or administrative practice and not in laws. The 1957 "Law on Association" and the later Civil Code (1996) regulate the NGO sector with scant detail. The Civil Code recognizes three types of entities within the NGO sector: social and socio-professional organizations; social and charitable funds, and other organizations, as provided by law. Due to lack of a law, some associations which may not register to the authorities have conducted activities in opposite with the Vietnamese laws, causing chaos and instabilities in our society.
So, we need a Law on association. The law will help protect and enforce people’s right of association. The National Assembly has accepted the draft law which says "The citizen shall enjoy freedom of opinion and speech, freedom of the press, the right to be informed and the right to assemble, form associations and hold demonstrations in accordance with the law."
The proposed law stipulates that membership of any association and participation in its activities must be voluntary, regular, autonomous and accountable before the law. The association must be self-financing, non-profit making and abide by both the law and its regulations. The law will help clearly define the types of associations that must be registered. (To be continued)
Chia sẻ bài viết ^^
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All comments [ 10 ]


MaskOf Zero 11/8/15 21:34

Yeah, the law is aimed to protect human rights, and it is criticized by ignorant people who consider themselves human rights activists.

Deck Hero14 11/8/15 21:37

Not just law, Vietnam's Party and State have issued many policies creating good conditions and environment for variety of organizations to develop.

LawrenceSamuels 11/8/15 21:38

Vietnam should be hailed for its implementation of human rights and democracy.

yobro yobro 11/8/15 21:42

The law will help protect and enforce people’s right of association, just biased and narrow-minded elements who hold tightly on their own interests still trying to deny it.

John Smith 11/8/15 21:46

But Vietnam should review and draw experience from Cambodia's government when it passed the same law.

Love Peace 11/8/15 21:49

I think despite of how good the law is, how democratic and human rights is, reactionary individuals and organizations like bloggers and self-claimed activists would still criticized.

Jane smartnic 11/8/15 21:51

I agree with Love Peace, so hard to satisfy those elements.

Only Solidar 11/8/15 21:53

The citizen shall enjoy freedom of opinion and speech, freedom of the press, the right to be informed and the right to assemble, form associations and hold demonstrations in accordance with the law.

Gentle Moon 11/8/15 21:55

I totally support the law, many countries have their laws on association, and it is a normal legal process.

Pack Cassiopian 11/8/15 21:58

The new draft law on associations set for review at Vietnam’s National Assembly in October this year.

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