Freedom of association in line with the Constitution

Chia sẻ
(VOVworld) – Freedom to establish associations is a basic right of Vietnamese people stipulated in the Constitution and law. This right has been ensured and promoted in society. But abuse of the right to organize associations in order to sabotage the nation is illegal. VOV comments:
(VOVworld) – Freedom to establish associations is a basic right of Vietnamese people stipulated in the Constitution and law. This right has been ensured and promoted in society. But abuse of the right to organize associations in order to sabotage the nation is illegal.

Freedom of association in line with the Constitution  - ảnh 1
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Article 25 of Vietnam’s 2013 Constitution specifies that citizens have freedom of expression, press, accessing information, meeting, association, and assembly. The enforcement of the rights are defined in many legal documents including Decree 102/SL/L004 issued on May 20, 1957, Civil Code in 2005, the Law on Government Organization, and government Decree 45/2010/ND-CP and Decree 33/2012/ND-CP on the organization, performance and management of associations.

Hundreds of associations, thousands of organizations are operating

The Constitution and law stipulate that all Vietnamese citizens have the right to join or not join associations. The State supports and finances special associations like the Farmers’ Association, the Women’s Union and the Trade Union. The administration at all levels offers incentives for professional associations of writers, journalists, arts and literature, and economic associations of enterprises and businesspeople which promote national interests and social norms. Vietnam has 460 social and professional associations and organizations operating nationwide, 20 inter-sector trade unions, and 36,000 associations, unions, and clubs in various social areas. They are involved mainly in charity, educational services, healthcare, sports, and environmental protection.

The associations, especially the economic associations, have contributed enormously to national development and served as bridges between their members and the administration. They support their members in production and trade, boost competitiveness, deal with trade disputes, and distribute information. The associations have promoted their role in shaping and criticizing Party guidelines, state policies, and the government’s socio-economic development programs.

Disguised associations

Taking advantage of the right to association and the government’s incentives for the operation of associations and unions, subversive have formed front associations to undermine the Vietnamese state.

Recently, the hostile Viet Tan organization established the so-called “Friends of Viet Tan” and “Friends of Nguyen Quoc Quan” pages on Facebook to incite and rally people to national security violations. Some people, under the cloak of democracy, have advocated the establishment of an “Independent Journalists Association” for bloggers against the government. Others have appealed for the establishment of an “Independent Writers Association”, written articles to provoke a “jasmine revolution”, and called on writers to stage a demonstration similar to the “Arab spring” revolution. Organizations registered as the Democratic Youth Gathering, the Women’s Association for Human Rights, the Association of Prisoners of Conscience, and the Independent Trade Union all aim to remove the leadership of the Communist Party of Vietnam, disrupt the political system, and protest government organizations. These organizations have slanderously accused Vietnam of violating the freedom to organize associations and called on other countries to put pressure on Vietnam during the Trans-Pacific Partnership negotiations.

Freedom to organize associations in line with the Constitution

Vietnam has a great number of associations, unions, and clubs because the state guarantees and promotes the legitimate right of its citizens to organize associations. It follows the International Convention on civil and political rights to which it is a signatory. Clause 1, Article 22, of the Convention says every person has the right to form or join associations and federations to protect their rights. Clause 2, Article 22, says the exercise of this right is only limited by law for the essential need of a democratic society to protect national security, public safety, order, and health, ethics, other people’s rights.

Vietnam’s Constitution and law respect the right to organize associations if the associations serve public interests. Forming associations against the national political system harms public interests and violates Vietnamese and international law. It’s unacceptable in Vietnam.

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