Deputies propose the Parliament to consider carefully the provisions of the Law on Associations15-10-2016 - 16:07 - 821 lượt xem
Pa Ve Su
The draft Law on Associations was discussed National Assembly XIII, XIV National Assembly is expected to discuss and adopt Session 2. Those activities Society wants a Law on Association guaranteed the right to form, part Social integration and operation of all individuals in Vietnam
We have studied the draft Law on Associations dated 10.10.2016 and petition Congress has not passed legislation to continue the study and modify. If this draft is adopted will restrict the rights of the individual associations have been provided for in Article 25, the Constitution of 2013; inconsistent standards on freedom of association and the principle of non-discrimination is recognized in the international conventions on human rights to which Vietnam is a member country; goes against the trend of integration and international cooperation.
In the draft Law on Associations have more content to be modified to ensure that Articles 3, 16, 25, 26 of the 2013 Constitution is implemented and the commitments made by Vietnam on the promulgation of a law on associations in compliance with the standards and principles set forth in the conventions on human rights, contribute to building a democratic society, healthier, we cite some examples:
1. Article 4 defines "Society is organized ... state agencies are authorized to issue a certificate of registration of the establishment and recognition of the charter and the head" will dismiss and denied the unregistered associations are exist due to various political organizations, civil society and establish operating in Vietnam. The association defines such concerns seem manageable, the state, this is a wrong way of thinking, inappropriate human tendency increasingly rising social ownership.
2. Clause 5 of Article 8 stipulates that "Congress is not affiliated, joined the foreign association, received no foreign funding; special cases stipulated by the government. " This goes against the trend of integration and international cooperation, including international cooperation on ensuring human rights have been implemented since the renovation, limiting people's external activities. Moreover, it goes against the principle of self-financing association activities and will contribute to the burden of the state budget to maintain the operation of the Assembly.
3. The provisions of Chapter II of the association establishment procedure is very strict, ask-give mechanism, which requires people to register 2 times troubling about administrative procedures and costly in terms of cost compliance with procedures. It also creates risks to public officials violate freedom of association rights of the people, to interfere in the internal activities of the association. This contradicts the principles of voluntariness, autonomy and self-management, self-financing activities and take responsibility before the law of association is stipulated in Article 5. The provisions of the founding members must be citizens Vietnam from 18 years or older, have good health and reputation in the field of scheduled activities invisible discriminatory solution for vulnerable groups and expatriates living in Vietnam
4. Some of the provisions of Article 9 has expanded too much considering regulations on limiting human rights, civil rights stipulated in Paragraph 2, Article 14 of the Constitution of 2013. The concept of "cultural traditions and national identity "; "Divisive national unity bloc"; "Left propaganda policies and laws of the State"; "Negatively affect the image of the country, luminaries, national heroes" included in the bill but not defined clear and coherent, easily lead to arbitrary interpretation and application of material shortage switches.
5. The Law on Associations lacks provisions on the principle of non-discrimination and the role of the State in ensuring freedom of association of the vulnerable groups. Not only that, throughout the draft has no provision on the right of association of foreigners living in Vietnam. We urgently petitioned Congress added a provision for "non-discriminatory" in paragraph 4 of Article 5 and the additional terms, "The State shall ensure the right to form, join and also those who organized activities vulnerable ".
In the spirit of democracy and international integration, the Law on Associations not only to promote and protect the right to association as stipulated in Article 25 but also to ensure the spirit of Article 3 and Article 14 of the Constitution of 2013 on the responsibility of the State water in the recognition, respect, protect and ensure the rights of every individual associations. At the same time, a progressive Law on Associations also must show the spirit of Article 16 and Article 26 of the 2013 Constitution of all individuals without discrimination in the political sphere and the state's responsibility to create conditions for people promote their role in society. A progressive Law on Associations have also expressed willingness of Vietnam in implementing the international conventions to which Vietnam is a member state including provisions relating to freedom of association of all walks of life people, especially vulnerable groups, foreigners residing in Vietnam; promote international integration process and enhance the role of public diplomacy.
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