The legal system and institutions for guaranteeing and promoting the rights of ethnic minorities in Vietnam

Keywords: Legal system; Human rights; Ethnic minority people; Vietnam.

1. Introduction

The 1948 Universal Declaration of Human Rights (UDHR) and the 1966 International Covenant on Civil and Political Rights (ICCPR) are two foundational international legal instruments recognizing fundamental civil and political human rights; within this framework, the rights of ethnic minorities are considered a fundamental right within that group of civil and political rights.

International human rights law stipulates that the state bears the primary obligation to ensure human rights. The State has the obligation to ratify or accede to international human rights treaties, practice democracy, and apply the rule of law in social governance, with the aim of ensuring that everyone enjoys fundamental rights and freedoms without discrimination based on race, ethnicity, skin color, gender, language or religion.

Ensuring the full realization of human rights requires the State to fulfill three levels of obligation: to respect, to protect and to fulfill. These obligations are closely interrelated and mutually reinforcing and are widely recognized by many countries and international organizations.

Adopted in 1965, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) condemns racial discrimination and establishes an obligation for member states to adopt all necessary measures without delay to eliminate discrimination based on race, color, descent or national or ethnic origin.

Vietnam is a multi-ethnic nation comprising 53 ethnic minority groups and has been a party to the CERD Convention since 1982. The country has successfully defended its national reports on the Convention’s implementation on five occasions: in 1983, 1993, 2000, 2012 and 2023. One of the elements of the national report is the need to demonstrate the results achieved in developing the legal system and the institutions that safeguard and promote the rights of ethnic minority groups in Vietnam.

2. Research results

Firstly, regarding the obligation to respect

This obligation requires the State to take the following actions: enshrining fundamental human rights within the national legal system; establishing specific human rights standards across political, civil, economic, cultural and social spheres; and consistently focusing on raising awareness among civil servants and public employees in state agencies, social organizations, and businesses, as well as among the general public.

In fulfillment of its obligation to show respect, the State of Vietnam has dedicated Chapter II comprising 36 of the 120 articles in the 2013 Constitution (the document with the highest legal force in the nation’s legal system) to explicitly and clearly stipulate human rights as well as the fundamental rights and obligations of citizens, including the rights of ethnic minority groups in Vietnam.

From 2013 until now, the Vietnamese legal system has continuously been built and improved relatively synchronously, basically meeting human rights, including ensuring the legitimate rights and interests of ethnic minorities. Over the past decade, the National Assembly of Vietnam has enacted 125 laws, including 352 provisions directly related to the rights and obligations of ethnic minorities. “Up to now, there are 188 policies implemented in ethnic minority and mountainous regions that are still in effect, issued by the Government and the Prime Minister, including 136 ethnic policies (Ethnic policies include: (1) Programs and policies specifically designed for ethnic minority communities and ethnic minority and mountainous areas; (2) Programs and policies applicable nationwide but containing provisions for priority support for ethnic minority communities and ethnic minority and mountainous areas)”.

In addition to the continued implementation of the two National Target Programs on New Rural Development and Sustainable Poverty Reduction, the National Assembly issued Resolution No. 88/2019/QH14 approving the master scheme; The 15^th National Assembly issued Resolution No. 120/2020/QH15 approving the investment policy and the Prime Minister issued Decision No. 1719/QĐ-TTg approving the National Target Program for socio-economic development in ethnic minority and mountainous areas for the period of 2021-2030 (with Phase 1 covering 2021-2025), comprising 10 component projects. he Program was developed by reviewing, amending, supplementing, and integrating the contents of various programs, projects, and ethnic minority policies, marking a historic milestone as Vietnam establishes a National Target Program for ethnic minority areas for the first time.

Overall, the current system of policies and laws concerning ethnic minority and mountainous areas is relatively comprehensive, covering the economic, cultural, social, national defense and security sectors; it establishes a legal framework that facilitates the promulgation and implementation of ethnic policies, ensures the respect, promotion and protection of ethnic minority rights and defines the legal basis for the rights of the beneficiaries.

Secondly, regarding the obligation to protect

Article 16 of the 2013 Constitution stipulates: “1. Everyone is equal before the law. 2. No one shall be discriminated against in political, civil, economic, cultural or social life”. Article 20. “1. Everyone has the right to physical inviolability and is protected by law regarding their health, honor and dignity; no one shall be subjected to torture, violence, coercion, corporal punishment or any other form of treatment that violates their body or health, or insults their honor or dignity. 2. No person shall be arrested except pursuant to a decision of the People's Court, or a decision or sanction of the People’s Procuracy, except in cases of flagrant offenses. The arrest, detention and custody of persons shall be prescribed by law”. Article 21. “1. Everyone has the right to the inviolability of their private life, personal secrets and family secrets; and the right to the protection of their honor and reputation. Information regarding private life, personal secrets and family secrets is guaranteed safety by law. 2. Everyone has the right to the privacy of their correspondence, telephone conversations, telegrams, and other forms of private communication. No one shall unlawfully open, control or seize the correspondence, telephone conversations, telegrams or other forms of private communication of others”. Article 30. “1. Everyone has the right to lodge complaints or denunciations with competent agencies, organizations, or individuals regarding unlawful acts committed by agencies, organizations or individuals. 2. Competent agencies, organizations, and individuals must receive and resolve complaints and denunciations. Aggrieved persons have the right to compensation for material and non-material damages and to the restoration of their honor in accordance with the law. 3. Strictly prohibit retaliating against persons who file complaints or denunciations or abusing the right to file complaints or denunciations to slander or falsely accuse others”.

The aforementioned regulations aim to curb and prevent human rights violations by state agencies, enterprises, social organizations, and individuals; to prevent discrimination or the emergence of forces that threaten human rights across various sectors; in order to effectively address human rights violations; and in order to prevent, investigate and punish violations while restoring infringed rights or providing compensation whenever possible…

Thirdly, the obligation to perform

Through proactive and initiative-taking efforts, the State of Vietnam has established an institutional framework encompassing organizational structures, administrative machinery, and human resources to ensure the realization of laws and standards about human rights in general and the rights of ethnic minorities in particular.

Within the state organizational structure, the Ministry of Ethnic and Religious Affairs is a government agency responsible for state management of the following sectors and fields: ethnic affairs; beliefs and religions; and state management of public services falling under the Ministry’s jurisdiction, in accordance with the law.

The Ministry of Ethnic and Religious Affairs has various duties and powers, such as submitting to the Government bills, draft National Assembly resolutions, draft ordinances, draft resolutions of the National Assembly Standing Committee, and draft Government decrees in accordance with the Government’s annual law-making program and plan, as well as resolutions, projects and schemes assigned by the Government or the Prime Minister. Submiting to the Government and the Prime Minister for subsequent submission to the National Assembly, policies regarding ethnic groups, beliefs and religions that fall within the Ministry’s scope of state management. Submiting to the Government and the Prime Minister strategies, master plans and long-term, medium-term, and annual development plans, as well as nationally important projects and works falling within the Ministry’s state management scope. Submiting to the Prime Minister draft decisions, directives, national target programs and other documents within the scope of state management of the Ministry or as assigned by the Government and the Prime Minister. Issuing circulars, decisions, directives and other documents falling within the scope of the Ministry’s state management… (Decree No. 41/2025/ND-CP dated February 26^th, 2025, of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Ethnic and Religious Affairs).

At the local level, effective July 1^st, 2025, under the two-tier government model, the Department of Ethnic and Religious Affairs shall serve as a specialized agency under the provincial People’s Committee; it shall advise and assist the provincial People’s Committee in state management regarding ethnic affairs, beliefs and religions, and perform duties based on the decentralization or authorization by the provincial People’s Committee or its Chairperson, in accordance with the law. The Culture and Social Affairs Division advises and assists the commune-level People’s Committee in performing state management functions across various sectors; notably, the “internal affairs” scope includes ethnic, belief, and religious affairs (pursuant to Circular 02/2025/TT-BDTTG dated June 24^th, 2025, issued by the Ministry of Ethnic and Religious Affairs, which provides guidelines on the functions, tasks, and powers of the Department of Ethnic and Religious Affairs under provincial-level People’s Committees, as well as the management of ethnic, belief and religious affairs by specialized divisions under the People’s Committees of communes, wards and special administrative-economic units).

About the obligation of implementation, the State of Vietnam is responsible for creating a favorable environment and providing support to facilitate access to human rights for ethnic minority groups during the development process. About this matter, the National Assembly issued Resolution No. 120/QH15 approving the investment policy for the National Target Program for Ethnic Minority and Mountainous Areas, which serves to concretize the provisions of Clause 5, Article 70 of the 2013 Constitution: “The National Assembly determines the State’s ethnic minority policies”. Pursuant to the National Assembly’s resolution, the Prime Minister issued Decision No. 1719/QĐ-TTg approving the National Target Program for ethnic minority and mountainous areas. These two documents demonstrate the strong determination of the National Assembly and the Government to integrate various policies, schemes, and projects into a single program, thereby avoiding fragmentation and minimizing overlaps about content and implementation areas. Policies and mechanisms have undergone significant reforms, shifting towards targeted investment that prioritizes the most disadvantaged areas and addresses the most pressing, urgent issues, with a particular focus on the development of ethnic minority groups facing significant or unique challenges. The State prioritizes resources for the implementation of ethnic minority policies, with the state budget playing a decisive role; these resources are allocated on both medium-term and annual bases, essentially meeting policy requirements, particularly for National Target Programs.

3. Conclusion

The rights of ethnic minorities are among the fundamental human rights recognized by international legal instruments; they are essential rights to which ethnic minority groups in all countries are entitled. Our State has established a legal system to ensure that ethnic minority people enjoy the right to equality before the law, as well as the full range of civil and political rights prescribed by law. Due to specific factors regarding the level of development and socio-economic and cultural characteristics, the law also prescribes specific provisions or relevant policies to ensure and promote the exercise of rights for ethnic minority communities. The legal framework governing the rights of ethnic minority groups clearly reflects the stance, guidelines and policies of the Party and State of Vietnam regarding these groups, at the same time serving as both a goal and a driving force for national development.

References

1. The 2013 Constitution.

2. Report No. 1533/BC-UBDT dated November 11^th, 2020, on the results of the review of policies and laws concerning ethnic minority and mountainous areas.

3. Decree No. 41/2025/ND-CP dated February 26^th, 2025, of the Government, defining the functions, tasks, powers and organizational structure of the Ministry of Ethnic and Religious Affairs.

4. Circular No. 02/2025/TT-BDTTG dated June 24^th, 2025, of the Ministry of Ethnic and Religious Affairs, providing guidelines on the functions, tasks, and powers of the Department of Ethnic and Religious Affairs under the People’s Committees of provinces and centrally-run cities, on ethnic, belief and religious affairs handled by specialized divisions under the People’s Committees of communes, wards and special administrative-economic units within provinces and centrally-run cities.