English - CEDAW Southeast Asia

A Gendered and Rights-Based Review of Vietnamese Legal Documents through the Lens of CEDAW
II.1.7 THE VIET NAM FATHERLAND FRONT
The Viet Nam Fatherland Front is defined by the Constitution as a “political alliance and a voluntary
union of political organizations, socio-political organizations, social organizations and
individuals representing their social classes and strata, nationalities, religions, and overseas
Vietnamese.” 66 The Viet Nam Fatherland Front and its member organizations “constitute the
political base of the people’s administration.” 67 It operates under its own statute: the Law on
Viet Nam Fatherland Front (No. 14/1999/QH10 of June 12, 1999) (Law on Viet Nam
Fatherland Front). Member organizations must comply with the law, but they still retain independence
from the Viet Nam Fatherland Front in pursuing their own directions. 68
The Viet Nam Fatherland Front inherited the historic role of the National United Front,
which was founded and led by the Communist Party of Viet Nam. 69 Its members include the
Communist Party of Viet Nam (which also leads the Viet Nam Fatherland Front), mass organizations
(the Ho Chi Minh Communist Youth Union, Viet Nam Farmers Association, Viet Nam
General Confederation of Labour, Viet Nam Women’s Union and Viet Nam War Veterans
Association) and the Viet Nam Armed Forces. 70
The tasks of the Viet Nam Fatherland Front include to: (a) “rally and build up the entire
people’s great solidarity bloc”; (b) enhance the political and unity of the people; (c) mobilize
the people to bring about their mastery of policies and laws; (d) mobilize the people to observe
policies and laws; (e) supervise the operations of State agencies and other public officials and
employees; (f) gather the peoples’ opinions and petitions and report them to the State or
Communist Party of Viet Nam; (g) participate in building the peoples’ administration; and (h)
work with the State in protecting the peoples’ rights and interest. 71
The Viet Nam Fatherland Front can also take part in legislative work to a certain degree,
such as: (a) proposing to the Government or Standing Committee draft programmes as bases
for laws and ordinances; (b) submitting to the National Assembly or Standing Committee bills
and draft ordinances; and (c) joining competent State agencies in promulgating resolutions
and circulars to guide implementation of law provisions that are within its responsibility to participate
in State management. 72
II.1.8 CIVIL SOCIETY AND NGOS
Based on a very broad definition of ‘civil society’, the main categories of civil society organizations
in Viet Nam are: (a) mass organizations, (b) professional associations and umbrella organizations;
(c) non-governmental organizations (NGOs); and (d) community-based organizations. 73
43
66
Constitution, Article 9
67
Ibid.
68
Law on Viet Nam Fatherland Front, Article 4
69
Ibid., Preamble
70
Norlund, Irene, Filling the Gap: The Emerging Civil Society in Viet Nam, Viet Nam Union of Science and Technology,
SNV Netherlands Development Organization and UNDP, Ha Noi, January 2007 (Norlund), pp. 11-12
71
Law on Viet Nam Fatherland Front, Article 2
72
Ibid., Article 9
73
Norlund, p. 11. The definition of civil society used by Norlund to identify the categories is broad; that is, the arena outside
family, state and market where people associate to advance common interests.
The political and legal framework of Viet Nam