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Rights to freedom of speech and press, and access to information and citizens’ obligations (Part 1)

20/6/18
Vietnam’s legal framework for citizens’ rights to freedom of speech and press, and access to information is technically adequate, synchronous and completely squared with international laws on human rights in which it clearly stipulates citizens’ rights and obligations and restrictions to these rights in specific circumstances for the sake of national interests and others’ legitimate rights and interests.
1. The relationship between the rights to freedom of speech and press, and access to information and citizens’ obligations. According to all of international and domestic legal documents, the definition of “right” always includes rights and obligations in which the rights to freedom of speech and press, and access to information and citizens’ obligations are a fundamental one enshrined in the Universal Declaration of Human Rights (1948) and institutionalized in the “International Covenant on Civil and Political Rights” (1966), which specifies rights and duties of beneficiaries of rights to freedom of speech and the press. Accordingly, citizens have the rights to freedom of speech and to the use of press and information facilities, the Internet, and social networks prescribed by the law. Yet, those who exercise these rights have an obligation to observe the provisions of the law and accept restrictions to these rights. The exercise of these rights must be associated with obligations and special responsibilities and may be subject to certain restrictions in order to respect rights and prestige of other persons and protect national security, public order and societal health or morality.
In Vietnam, “the right to freedom of speech and freedom of the press, and the right of access to information, the right to assembly, the right to association, and the right to demonstrate” have been stipulated in the Constitution of the socialist Republic of Vietnam (2013) and institutionalized in many laws and decrees, namely the Press Law (2016); Law on Access to Information (2016); Decree No 72/2013/NĐ-CP, dated15-07-2013 by the Government on management, supply and use of Internet services and online information. Those assert and institutionalize our Party and State’s consistent viewpoints on respecting and guaranteeing the exercise of rights to freedom of speech and the press, and access to information. The right to access to information is specified more widely; on the one hand, information is made public by state agencies in a passive manner; on the other hand, information is provided by state agencies and organizations as requested in an active manner. In cyberspace, our State promulgated provisions on the rights to freedom of speech and the press, and access to information in which citizens have a right to use Internet services with the exception of banned services prescribed by the law and have an obligation to abide by regulations on information safety and security; and take responsibility for their content on social networks, etc.
Yet, like people’s other rights, the exercise of the rights to freedom of speech and press, and access to information must be within the framework of the law and                
prescribed by the law; clearly stipulates the relationship between citizens’ rights and obligations; “must not infringe on national interests and lawful rights and interests of other persons”. Therefore, “the right to access to information shall be restricted in compliance with the laws, and if it is deemed necessary to protect the national defense, national security, social order and safety, social ethics, and the community health”. The acts of posting and publishing information to libel and negate governments; to confuse the public; to falsify history and negate revolutionary achievements; to offend the Homeland and national heroes; to slander and damage the reputation of agencies and organizations, and honour and dignity of individuals, etc. must be handled by the law. The right to access to information is closely associated with the regulations on classifying information accessed by citizens and disallowed to be supplied by agencies and organizations. Thus, “citizens’ rights and obligations are inseparable; “special obligations and responsibilities” or “certain restrictions” prescribed by Vietnamese laws are entirely squared with international laws on human rights.


At present, the right to freedom of speech and the press in Vietnam is not merely properly guaranteed, but acts as an active factor to combat societal negative manifestations. Before being discovered by competent authorities, numerous corruption cases have been exposed by the press as evidenced by Trinh Xuan Thanh’s corruption case. In recent years, mass organizations and Homeland Fronts have taken active part in providing supervision and feedback on state policies. “Individuals and organizations’ rights to comment on domestic and global situations” and to offer supervision and feedback have been encouraged and respected. However, offering feedback must be objective without detriment to people, society, and the nation.
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All comments [ 10 ]


Alian 20/6/18 13:22

The Vietnamese Party and State always respect, ensure, and promote human rights, including press freedom, in line with its commitments to international agreements.

Kevin Evans 20/6/18 13:23

Press development in Vietnam shows that press policies have been implemented effectively.

Duncan 20/6/18 13:26

Freedom of press is defined in international law that all people should enjoy freedom of expression, which covers freedom to seek, receive, and impart information and ideas through any media and regardless of frontiers.

Roger Brown 20/6/18 13:27

But freedom of expression is subject to certain restrictions.

Egan 20/6/18 13:28

In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

Enda Thompson 20/6/18 13:48

Vietnam’s law, which is in line with international law, has ensured the development of the press. Vietnam now has 859 print newspapers, 135 online newspapers, 258 websites, and 67 radio and TV stations. Vietnamese and foreigners in Vietnam have free access to information from public media.

Robinson Jones 20/6/18 13:50

Vietnam is one of the leading countries in the region in the development of internet and social networking.

Jacky Thomas 20/6/18 13:51

The Vietnamese press has the freedom to develop and get involved in all social areas, including fighting corruption, political and moral degradation, self-evolution, and self-transformation.

For A Peace World 20/6/18 13:52

The Vietnamese Party and State deem it necessary to continue to ensure freedom of speech and the press as a driving force for social development.

Gentle Moon 20/6/18 13:52

Vietnam’s comprehensive socio-economic development in recent years refutes accusations that Vietnam has no respect for human rights or press freedom.

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