Vietnam Bill on Association Limits Freedom of Association: Legal Expert

Dr. Hoang Ngocj Giao, head of the Institute for Policy Research, Development Law and PLD

Dr. Hoang Ngocj Giao, head of the Institute for Policy Research, Development Law and PLD

The Vietnamese draft Law on Association has limited the citizens’ right of freedom of association as the government tries to intervene in the organization and activities of associations, said legal expert Dr. Hoang Ngoc Giao, head of the Institute for Policy Research, Development Law and PLD.

By Vu Quoc Ngu, July 8, 2016

The Vietnamese draft Law on Association would limit citizens’ right of freedom of association as it empowers the government to intervene in the organization and activities of associations, said legal expert Dr. Hoang Ngoc Giao at a seminar organized by the Vietnam Union of Science and Technology Associations on the bill in Hanoi on July 7.

The draft law stipulates that all associations work under supervision of the Ministry of Home Affairs and other state agencies. The regulation really limits the operations of associations, said Dr. Giao, who is head of the Institute for Policy Research, Development Law and PLD.

The criteria for association’s regulations and their leaders are unclear, creating difficulties for any group in seeking approval of government agencies for associations’ establishment, Mr. Giao noted.

Other experts said Vietnam’s government has tried to control all associations but ignore their roles in contributing opinions to the government and other state agencies on socio-economic issues.

They urged lawmakers and ministries responsible for formulating the draft law to collect opinions from experts and civil organizations to align the bill with real-life needs.

Vietnam has delayed passing the draft Law on Association for 25 years. The bill is expected to be submitted to the parliament in October for discussion and approval.

Vietnam has 500 civil associations and non-government organizations at the national level, 4,000 associations at the provincial level and 10,000 at district and communal levels.

The government has subsidized 8,792 civil associations, providing human and financial resources, and facilities for them.

According to the estimation of the Institute for Policy Research, Development Law and PLD, the operation costs of all association reach between VND45.6 trillion ($2.04 billion) and VND68.1 trillion annually, accounting for 1%-1.7% of the country’s gross domestic product (GDP).

Due to difficulties in registry, many associations remain unsanctioned. Many others have been under constant persecution of the local authorities.

Last year, then Minister of Public Security Tran Dai Quang, who is the incumbent president, labeled around 60 independent civil society organizations as “reactionary groups.”