No legal status for “virtual organizations”

Photo for illustration

Photo for illustration

While Vietnamese people with common sense have considered the public opinion poll a national-scale democratic activity and actively provided their constructive opinions and good ideas to the bill, reactionaries and political opportunists have issued a “statement.” In their statement, they ask for the “real right” to participate in the law-making process. In so doing, they are outspoken about human rights. Their statement reads: “We are determined not to be excluded from the law-making process… We will never give up the right to form associations because it is the core right of citizens that can promote other human rights.”

QDND | Nov 14, 2015

A number of “virtual organizations” have recently been founded in the cyber network. They in fact have no legal status but often issue “statements” and call on people to “sign” on the statements. To attract more people to their “statements”, they make use of domestic events and complex regional situations, especially those relating to Vietnam’s sovereignty over the seas and islands and maritime navigation in the East Sea (South China Sea). Accordingly, they have made statements on the patrol of USS Lassen in the East Sea, Chinese Party General Secretary and President Xi Jinping’s visit to Vietnam and the Draft Law on Association discussed in the National Assembly.

People with common sense when reading their statements by accident can easily recognize who they are and for what purpose they have made these statements. In fact, all their statements are the distortion of the Party’s and State’s viewpoint and policy. By making such statements on the internet, they, hostile forces and political opportunists, try to lower the Party’s credibility, undermine people’s trust in the Party, cause socio-political instability and advocate the western multiparty and pluralism model, alien to the Vietnamese people. Besides, they also believe that they could build their virtual role and charisma by enhancing their online operations, and when the situation becomes beneficial to them, they could then enter the real political arena.

To better understand their plot and tricks, it is useful to analyze their statement on the Draft Law on Association. As everyone knows, after the 2013 Constitution was passed by the National Assembly and came into effect, a number of bills are then discussed in the National Assembly. Like other bills, the Draft Law on Association is made public for public opinion.

While Vietnamese people with common sense have considered the public opinion poll a national-scale democratic activity and actively provided their constructive opinions and good ideas to the bill, reactionaries and political opportunists have issued a “statement.” In their statement, they ask for the “real right” to participate in the law-making process. In so doing, they are outspoken about human rights. Their statement reads: “We are determined not to be excluded from the law-making process… We will never give up the right to form associations because it is the core right of citizens that can promote other human rights.”

It is more ridiculous when they say that the right to form association is guaranteed by the Constitution and that all citizens have the right to form and join associations; therefore, the law on association should not require citizens to ask State agencies for permission.

They also refer to the 2013 Constitution and then incorrectly interpret it for their negative purpose. In fact, the 2013 Constitution has one chapter, Chapter 2, which articulates human rights and citizenship as well as relations between the State and people and principles to control citizens’ rights. Chapter 2 indeed defines human rights and citizenship in accordance with international conventions on human rights. For instance, Article 14 reads: “1. In the Socialist Republic of Vietnam, human rights and citizens’ political, civil, economic, cultural, social rights are recognized, respected and guaranteed under the Constitution and laws. 2. Human rights, citizens’ rights may be limited for defence, national security, social order and safety, morality and public health reasons.” What is more, Article 25 clarifies that practicing citizens’ rights are defined by laws.

Such articles and the Constitution as a whole totally agree with the Draft Law on Association. In fact, few countries allow its citizens to form any kinds of associations without permissions and specific limits. In other words, reactionaries and political opportunists are unreasonable and irrational when denying the Draft Law on Association and making absurd requests.

In doing so, they are losing a good opportunity to participate in the law-making process by offering their opinions and ideas to the draft law. The Draft Law on Association was first made public in June 2015. According to the current laws, all Vietnamese citizens have the right and duty to contribute their opinions to the draft law. So far, the National Assembly has received a large number of constructive opinions and good ideas from responsible citizens.

In contrast, reactionaries and political opportunists have founded “virtual organizations” to call on people to protest the draft law. First, their action of founding organizations (even virtual ones) goes against the current laws of the State of Vietnam. Second, as their organizations are not legally recognized, their claims for the right to change the content of the draft law are not legitimate. Furthermore, by raising claims and questions relating to the draft law via illegal virtual organizations, they have provided themselves with a status higher than other Vietnamese citizens and legal entities.

Regarding the role and position of the Party in Vietnam, their statement argues that Article 4 of the Constitution must be omitted. That view is strange to the Vietnamese political system and historical revolutionary process.

National history displays that the Communist Party of Vietnam is the single deserving leader of the nation. It liberated the Vietnamese people from feudalism and colonialism, gained national independence and freedom, and founded the Republic of Vietnam in 1945. During the wars, the Party led the nation to defeat all foreign invaders. In peacetime, it has led the nation to obtain numerous achievements in socio-economic development, national defence and security, and external affairs.

In the 85 years since its birth in 1930, the Party has been striving for independence, peace and development of the country, along with the prosperity and happiness of the Vietnamese people. All Vietnamese people with common sense understand this very well; therefore, no hostile forces or reactionaries could separate people from the Party nor undermine people’s trust in the Party even though they could apply any plots and tricks in their campaigns against the Party and State of Vietnam.

Written by Bac Ha

Translated by Thu Nguyen