Some international experiences in improving legislation to ensure the right to association in Vietnam

Abstract

The article analyzes international experience in developing and refining legislation on the right to association, thereby offering policy recommendations for Vietnam. Based on references to international law (especially the ICCPR Convention) and the experience of countries such as France, Germany, and the United States, the author focuses on clarifying two key aspects: (1) the legal nature of associations; (2) the way the State manages associations. Regarding the legal status of associations, many countries view associations as voluntary, non-profit civil associations. The legal status of associations often depends on registration, but is not a mandatory condition for the association to exist and operate. Some countries also apply tax incentives to non-profit associations. In Vietnam, however, current legislation has yet to distinguish purely civil associations from socio-political organizations or associations assigned by the State. This leads to inequality in operations and enjoyment of public funding. Regarding association management, the article argues that the current management model in Vietnam is still heavily controlled and administrative, with many complicated procedures (such as the mandatory establishment of an advocacy committee, multi-level licensing procedures, etc.). Meanwhile, international experience encourages simplified procedures, shifting from “applying for permission” to “notifying”, and delegating authority to local administrative agencies or even courts to ensure independence. Accordingly, the study recommends that Vietnam: (1) clearly separate types of associations; (2) develop separate laws to regulate purely civil associations only; (3) simplify establishment procedures; and (4) remove regulations that deeply interfere with the internal operations of associations. Such reforms would foster a more vibrant association life, while also meeting integration requirements and ensuring human rights according to the Constitution and international law.