2017 marks changes in the view of civil society in Vietnam to the extent
that CSOs’ space is shrinking. CIVICUS’ tracking civic space shows that the
state of civil society in Vietnam is closed (updated in Nov 2017). CIVICUS
explains that “Independent associations are discouraged through significant legal and
administrative barriers, and the state exerts power over the activities of
civil society groups. Assemblies, including meetings, relating to sensitive
topics are restricted through a requirement for prior authorisation, and
through harassment and detention of organisers and participants. Those
expressing critical opinions on sensitive topics are similarly targeted. Media
outlets are heavily censored, and dissenting journalists and bloggers routinely
arrested and imprisoned under vague criminal laws”[1]. It is noted that that space is not closed for the work of Vietnamese
Civil Society Organizations (VCSOs) but also for international non-governmental
organizations (INGOs) working in Vietnam while the draft decree on Decree on
Sanction of Administrative Violations in the Organization of International
Conferences and Workshops in Vietnam, the Operation of Foreign Non-Governmental
Organizations in Vietnam, and Consular Certification and Legalization
Activities was proposed by
Ministry of Foreign Affairs (MoFA) which regulates the sanction for organizing
international workshops, seminars[2].
The ideology of ruling party does not favour civil society and shows
its hesitation towards civil society which is considered as ‘opposite actor’.
Following Resolution 4 of the Communist Party in 2016 which mentioned
“…inquiring for ‘the separations of three powers’; ‘civil society’; ‘pluralism
and multi-party system’” was one of the signals of internal change of the Party’s
member, term 3b of Article 7 of the Regulation 102-QĐ/TW (Nov 15 2017) imposes a sanction that the member
of party is excluded from the Party in case of “…inquiring for ‘the separations
of three powers’; ‘civil society’; ‘pluralism and multi-party system’”.
Regarding children’s rights and child protection, Vietnam launches
National Action Plan on the implementation of SDGs, including target 16.2 which
was translated into Vietnamese context as ‘Preventing and substantially
reducing (not the term ‘ending’ in original SDGs) abuse, exploitation,
trafficking and all forms of violence against and torture of children and
adolescents” (p.69, National Action Plan). Ministry of Labour, Invalid and
Social Affairs (MOLISA) is appointed as lead agency and 15 other agencies are
in charge as coordinating agencies (including MOPS, MOJ, MOCST, MOET, MOFA, VOV,
VTV, etc). Furthermore, Law on Children and Decree 56/2017 under the law come
into effect and replace Law on Child care, education and protection (2004) and
according Decree since July. With the emergent voice of media and VCSOs on
different cases of child sexual abuse, in March, Designation 18 on enhancing
solutions on preventing abuse and violence against children was issued. It
requires the role and responsibilities of different agencies and actors including
various ministries, mass organizations, VACR, the Supreme People’s Court and the
Supreme People’s Prosecutor. Besides, the law on legal aid (amendment), which
was approved in 2017, entitled children (below the age of 16 according to the
Law on Children) to receive full and free support. It shows the progression in
child protection rather than the previous Law which only mentioned street
children to receive free legal support.
At global level, the State has obligation of reporting the
implementation of CRC, CAT and CRPD in 2017. However, according to the website
of OHCHR, only State’s report on CAT was submitted, the others have not been
submitted although due dates are over.
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