New Constitution clarifies human and citizen rights

Vietnam’s viewpoint on the recognition, respect, protection and guarantee of human rights as well as the fundamental rights and obligations of citizens has been firmly clarified in the amended Constitution, which was passed by almost all of legislators in November last year and was enforced on the first day of 2014.
Vietnam’s viewpoint on the recognition, respect, protection andguarantee of human rights as well as the fundamental rights andobligations of citizens has been firmly clarified in the amendedConstitution, which was passed by almost all of legislators in Novemberlast year and was enforced on the first day of 2014.

According to NA Vice Chairman Uong Chu Luu, who is also Vice Chairmanof the Committee for Drafting Amendments to the 1992 Constitution, the2013 Constitution has been designed to prevent any violation andlimitation of citizens’ rights.

He affirmed that allbasic civil, economic, cultural, and social rights and obligations ofcitizens are stipulated by the Constitution, and any limitation ofrights must be specified by law.

He pointed toArticle 14, Chapter II of the 2013 Constitution which says,“In theSocialist Republic of Vietnam, human rights and citizens' rights in thepolitical, civil, economic, cultural and social fields shall berecognised, respected, protected and guaranteed in accordance with theConstitution and law,” and “Human rights and citizens' rights may not belimited unless prescribed by a law solely in case of necessity forreasons of national defense, national security, social order and safety,social morality and community well-being.”

Though this specific stipulation, the revised Constitution has created afirm legal foundation for all people to protect and practice theirrights, he added.

Mentioning the new points of theConstitution, Associate Professor Le Minh Thong, Deputy Chairman of theNA Law Committee, said the document moves the contents of citizen rightsfrom Chapter V to Chapter II, which demonstrates a great change inawareness of the State towards the guarantee of human rights and citizenrights following the model of a law-governed socialist state.

The specification of human rights and added content on citizens’rights is based on the outcome of human development efforts throughnearly 30 years of the country’s renewal, he emphasised.

This is not merely a step forward in terms of law-making, but alsospreads a clear message that the Party, Government and nation ofVietnam respect, acknowledge, and guarantee human rights and citizenrights in line with international conventions that Vietnam isinvolved in.

Meanwhile, Ngo Trung Thanh, head of theLaw Department of the NA Office, said the content related to humanrights and citizen rights received feedback from 7.5 million people fromall walks of life, most of whom agreed with and welcomed the amendmentsin this area.

In addition, chapters stipulatingissues related to the Government, the People’s Procuracy and People’sCourt clarify the responsibility of ensuring human rights and the rightsof citizens, he noted.

At the same time, AssociateProf. Hoang The Lien, Deputy Minister of Justice, held that in order forthe revised Constitution to be applicable in reality, it is crucial toperfect the country’s legal system, especially regulations on humanrights and the rights of citizens.

Ministries andsectors should promptly design a law-building programme to ensure theimplementation of the amended Constitution, he said.

In addition, state agencies should also be aware of theirresponsibility in publicising the new content of the document and itsimplementation, he added.

The amendments concerninghuman rights are a specific move demonstrating Vietnam ’s commitmentto realising International Covenants on Civil and Political Rights andon Economic, Social and Cultural Rights, as well as the 1948 HumanRights Declaration.

For this reason, lawmakersconsider the amended Constitution a move in the right direction forVietnam, enabling the country to fulfill its obligations and commitmentsas a member of the United Nations Human Rights Council for the2014-2016 tenure.-VNA

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