The legal system and institutions that guarantee and promote the rights of ethnic minorities in Vietnam

Keywords: Legal system; Human rights; Ethnic minorities; Vietnam.

1. Introduction

The 1948 Universal Declaration of Human Rights (UDHR) of the United Nations and the 1966 International Covenant on Civil and Political Rights (ICCPR) are two fundamental international legal documents that recognize the basic legal rights of human beings in civil and political matters, with the rights of ethnic minorities considered fundamental within that group of civil and political rights.

International human rights law stipulates that the state has a primary obligation to guarantee human rights. The State has the obligation to ratify or participate in international treaties on human rights, practice democracy and apply the principle of the rule of law in social management in order to ensure that everyone enjoys fundamental rights and freedoms without discrimination on the basis of race, ethnicity, color, gender, language, religion.

Ensuring full human rights requires the State to fulfill its obligations at three levels: respect, protection and implementation. These obligations are closely related, complementary, widely recognized in many countries and international organizations. Established in 1965, the Convention on the Elimination of All Forms of Racial Discrimination (CERD) condemns racial discrimination and establishes the obligation for member states to take all necessary and immediate measures to eliminate all forms of discrimination based on race, color, ancestry, ethnicity or ethnic minority origin.

Vietnam is a multi-ethnic country, with 53 ethnic minority groups and has been a signatory to the CERD Convention since 1982. Vietnam has successfully defended its National Report on the Implementation of the Convention five times, in 1983, 1993, 2000, 2012, 2023. One of the key elements of the National Report is to showcase the achievements in building a legal system and institutions that guarantee and promote the rights of ethnic minorities in Vietnam.

2. Research results

Firstly, regarding the obligation to respect

This obligation requires the state to take the following actions: Recognizing fundamental human rights and freedoms in the national legal system; Establishing specific standards for human rights in the political, civil, economic, cultural and social areas; Regularly focus on raising awareness among civil servants and employees in state agencies, social organizations, businesses and the people.

In fulfilling its obligation to respect human rights, the Vietnamese State has dedicated Chapter II, with 36 articles out of a total of 120 articles in the 2013 Constitution - the highest-ranking legal document in the nation’s legal system to directly and clearly regulate human rights, fundamental rights and obligations of citizens, including the rights of ethnic minorities in Vietnam.

From 2013 to the present, the Vietnamese legal system has been continuously developed and improved in a relatively comprehensive manner, fundamentally meeting human rights standards, including ensuring the legitimate rights and interests of ethnic minorities. Over the past 10 years, the Vietnamese National Assembly has enacted 125 laws, including 352 articles directly related to the rights and obligations of ethnic minorities.

“Up to now, there are 188 policies implemented in ethnic minority and mountainous areas 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 for ethnic minorities and ethnic minority and mountainous areas; 2) Programs and policies that apply nationwide but prioritize support for ethnic minorities and ethnic minority and mountainous areas”).

In addition to continuing the implementation of the two national target programs on building new rural areas and sustainable poverty reduction, the National Assembly issued Resolution No. 88/2019/QH14 approving the overall plan; the 15^th National Assembly issued Resolution No. 120/2020/QH15 approving the investment policy; the Prime Minister issued Decision No. 1719/QD-TTg approving the national target program for socio-economic development in ethnic minority and mountainous areas for the period of 2021-2030, phase 1 from 2021-2025, with 10 component projects (National Target Program for Ethnic Minorities). This program was developed based on a review, revision, supplementation, integration of various contents of programs, projects and ethnic policies, marking a historic milestone as the first time Vietnam has had a National Target Program for Ethnic Minorities.

Overall, the current system of policies and laws related to ethnic minority and mountainous areas is relatively complete, comprehensively regulating the economic, cultural, social, national defense and security sectors, creating a legal framework that ensures favorable conditions for the promulgation and implementation of ethnic policies, and establishing a legal framework for respecting, promoting and protecting the rights of ethnic minorities; creating a legal framework that ensures favorable conditions for the promulgation and implementation of ethnic policies, creating a legal framework for respecting, promoting, and protecting the rights of ethnic minorities; establishing a legal basis for the rights of the beneficiary.

Secondly, regarding the obligation of protection

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, social life”. Article 20. “1. Everyone has the inviolable right to physical integrity, is protected by law regarding health, honor and dignity; they shall not be subjected to torture, violence, persecution, corporal punishment or any other form of treatment that infringes upon their physical integrity, health, honor or dignity. 2. No one shall be arrested without a decision of the People’s Court, a decision or approval of the People’s Procuracy, except in cases of flagrant offenses. The arrest, detention, custody of persons shall be governed by law”. Article 21. “1. Everyone has the inviolable right to privacy, personal secrets and family secrets; the right to protect their honor and reputation. Information about private life, personal secrets and family secrets is protected by law. 2. Everyone has the right to privacy of correspondence, telephone calls, telegrams and other forms of private communication. No one is permitted to unlawfully open, inspect, or seize the letters, telephone calls, telegrams and other forms of private communication of others. Article 30. “1. Everyone has the right to file complaints and denunciations with competent agencies, organizations, individuals regarding illegal actions of agencies, organizations and individuals. 2. Authorized agencies, organizations, individuals must receive and resolve complaints, denunciations. Those who suffer damage have the right to compensation for material and moral losses and restoration of honor in accordance with the law. 3. Retaliation against complainants, whistleblowers or the abuse of the right to complain, report to slander or falsely accuse others is strictly prohibited”.

These regulations aim to curb and prevent human rights violations by state agencies, businesses, social organizations and individuals; preventing discrimination, or forming forces that threaten human rights in various fields; effectively addressing human rights violations; preventing, investigating, punishing and restoring violated rights or providing compensation whenever possible…

Thirdly, the obligation to perform

Through proactive and assertive action, the Vietnamese State has built an institutional framework regarding organization, structure, personnel to ensure that laws and standards on human rights in general, the rights of ethnic minorities in particular are realized. Within the state apparatus, the Ministry of Ethnic and Religious Affairs is a government agency that performs the function of state management in the following sectors and fields: Ethnic affairs; beliefs, religions and state management of public services within the sectors and fields under the Ministry’s state management as prescribed by law.

The Ministry of Ethnic and Religious Affairs has many duties and powers, such as: Submitting to the Government draft laws, drafting resolutions of the National Assembly, draft ordinances, draft resolutions of the Standing Committee of the National Assembly, drafting decrees of the Government according to the Government’s annual legislative program and plan, as well as resolutions, projects, schemes as assigned by the Government and the Prime Minister. Submitting to the Government and the Prime Minister for submission to the National Assembly for promulgation ethnic policies and policies on beliefs and religions within the scope of the Ministry’s state management. Submitting to the Government and the Prime Minister strategies, plans, long-term, medium-term, annual development plans and national important projects and works within the ministry’s area of ​​state management. Submitting to the Prime Minister draft decisions, directives, national target programs and other documents within the scope of the ministry’s state management or as assigned by the Government or the Prime Minister. Issuing circulars, decisions, directives and other documents within the scope of the ministry’s state management... (Decree No. 41/2025/ND-CP dated February 26^th, 2025 of the Government stipulating the functions, tasks, powers and organizational structure of the Ministry of Ethnic and Religious Affairs).

At the local level, from July 1^st, 2025, a two-tiered government model is implemented. The Department of Ethnic and Religious Affairs is a specialized agency under the Provincial People’s Committee; advising and assisting the Provincial People’s Committee in state management of ethnic affairs, beliefs, religions and according to the decentralization or authorization of the Provincial People’s Committee and the Chairman of the Provincial People’s Committee as prescribed by law. The Department of Culture and Social Affairs advises and assists the People’s Committee at the commune level in performing its functions of state management in various fields, including internal affairs such as ethnic affairs, beliefs, religions. (Circular 02/2025/TT-BDTTG dated June 24^th, 2025, of the Ministry of Ethnic and Religious Affairs guiding the functions, tasks and powers of the Department of Ethnic and Religious Affairs under the People’s Committee of at provincial level and centrally-administered cities and the ethnic, belief, religious affairs of specialized departments under the People’s Committee at commune level, wards and special zones in provinces and centrally-administered cities).

Regarding its obligations, the Vietnamese State has the responsibility to create a favorable environment and support access to human rights for ethnic minority groups in the development process. Regarding this matter, the National Assembly issued Resolution No. 120/QH15 approving the investment policy for the National Target Program for Ethnic Minorities, which is a concrete step in implementing the content stipulated in Clause 5, Article 70 of the 2013 Constitution: “The National Assembly decides on the State’s ethnic policy”. Based on the National Assembly’s Resolution, the Prime Minister issued Decision No. 1719/QD-TTg approving the National Target Program for Ethnic Minorities. These two documents demonstrate the strong determination of the National Assembly and the Government to integrate numerous policies, schemes, and projects into a single program, aiming to avoid fragmentation and minimize overlap in content and implementation areas. The policy mechanism has undergone many innovations towards focused and targeted investment, prioritizing investment and support for the most disadvantaged areas, addressing the most pressing and urgent issues and focusing on the development of ethnic minorities who still face many difficulties, there is specific challenges. The State prioritizes resources for implementing ethnic policies, in there state budget funds playing a decisive role, allocated in the medium term and annually, basically meeting the needs of the policies, especially national target programs.

3. Conclusion

The rights of ethnic minorities are among the fundamental human rights, recognized by international legal instruments, to be very basic rights that ethnic minority groups in all countries are entitled to enjoy. Our State has built a legal system to ensure that ethnic minority people enjoy the right to “equality before the law for all citizens”, at the same time fully enjoy all civil and political rights stipulated by law. Due to the specific factors related to development levels and socio-economic characteristics, the law also stipulates additional specific provisions or relevant policies to ensure and promote the implementation of rights for ethnic minority people. The legal system stipulating the rights of ethnic minorities clearly reflects the views, guidelines and policies of the Vietnamese Party and State towards ethnic minorities, at the same time is also a goal and driving force of the country’s development.

References

1. The 2013 Constitution.

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

3. Government Decree No. 41/2025/ND-CP dated February 26, 2025, stipulates 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, issued by the Ministry of Ethnic and Religious Affair, providing guidance on the functions, tasks and powers of the Department of Ethnic and Religious Affairs under the People’s Committees at provincial level and centrally-administered cities and on ethnic, belief, religious affairs of specialized departments under the People’s Committees at commune level, wards and special zones within provinces and centrally-administered cities.