Deputy Minister of Justice Nguyễn Thanh Tịnh. — VNA/VNS Photo

A Vietnamese delegation, led by Deputy Minister of Justice Nguyễn Thanh Tịnh, will attend a dialogue session on the International Covenant on Civil and Political Rights (ICCPR) Implementation at the 144th session of the United Nations Human Rights Committee in Geneva, Switzerland. The deputy minister speaks to the press about the important event.

When did Việt Nam join the ICCPR?

ICCPR is an important multilateral international treaty with a large number of participating countries (173 countries).Its content stipulates the people’s rights from birth to the end of life, including the right to life, the right to security, personal safety, freedom of speech, the right to association, the right to belief, religion and the right to participate in social management.Some rights in the ICCPR were later developed by the United Nations (UN) into separate international treaties, such as the right not to be tortured and the right to gender equality.Việt Nam joined the ICCPR on September 24, 1982. At the third dialogue session between Việt Nam and the UN Human Rights Committee on the ICCPR realisation, which took place on March 11-12, 2019, in Geneva, Switzerland, Việt Nam presented its third report on the field.The UN Human Rights Committee made recommendations after the dialogue session, and Việt Nam has made efforts to implement these recommendations, while continuing to improve its legal framework and practices for civil and political rights.

What is the significance of implementing this major policy in protecting and promoting human rights?

Ensuring and promoting human rights is a consistent and pervasive viewpoint of the Party and the State.The 13th National Party Congress said: “The people are the centre of the Fatherland renovation, construction and protection. All guidelines and policies must truly originate from the people’s lives, aspirations, rights and legitimate interests, taking the people’s happiness and prosperity as the goal to strive for”, and “The Party and the State promulgate guidelines, policies and laws to create a political and legal foundation, respect, ensure and protect the people's right to mastery”.Regarding the judicial agencies’ activities, the 13th National Party Congress determined: "Continue to build a Vietnamese judicial system that is professional, fair, strict, honest, serving the Fatherland and the people. Judicial activities must have the responsibility to protect justice, human rights, civil rights, the socialist regime, the State’s interests, the legitimate and legal rights of organisations and individuals."A law State is essentially a State in which the law plays a supreme role. Therefore, our Party and State carry out the policy of building a law State to ensure human rights, individual freedom and ensure fairness and equality in society.From that perspective, in building and perfecting the legal system, organising law enforcement and judicial reform, the Party has issued many resolutions and conclusions to promote and protect human rights.I cite Resolution No 27-NQ/TW issued on November 9, 2022, of the 13th Party Central Committee’s sixth conference on building and perfecting the socialist rule-of-law state of Việt Nam in the new period.The resolution requires continued institutionalisation, timely and complete concretisation of the Party's viewpoints and policies and the Constitution’s provisions on human rights, citizens’ basic rights and obligations, internalisation of international treaties on human rights to which Việt Nam has participated.The resolution clearly defines the State agencies’ responsibility in respecting, ensuring and protecting human rights and civil rights.It is necessary to properly implement the principle that citizens are allowed to do everything that is not prohibited by laws; civil rights are inseparable from civil obligations; civil rights must not infringe upon national interests, the legitimate rights and interests of organisations and individuals.The Politburo’s Resolution No 66-NQ/TW promulgated on April 30 this year on innovation in law-making and enforcement to meet the national development requirements in the new era also has very clear messages about perfecting the legal system, such as "seizing every opportunity, paving the way, unleashing every resource, turning institutions and laws into competitive advantages, solid foundations and strong driving forces for development, creating room to promote ‘double-digit’ economic growth and improving people's lives…" as well as "substantially ensuring the right to freedom of business, property ownership rights and freedom of contract, equality between enterprises of all economic sectors; the private economy is the most important driving force of the national economy".These contents are all aimed at promoting social development, ensuring freedom, equality, happiness and prosperity for everyone, that is, better ensuring human rights.

How have the Party's policies on respecting, ensuring and protecting human rights and civil rights been institutionalised?

The viewpoint that identifies people as the centre, most important resource and goal of development has been fully institutionalised in the Constitution and laws of Việt Nam.The Constitution 2013 recognised the rule: “In the Socialist Republic of Việt Nam, human rights and citizens' rights in the political, civil, economic, cultural and social fields are recognised, respected, protected and guaranteed in accordance with the Constitution and the law”.At the same time, it also clearly stipulates that everyone has the obligation to respect others’ rights, and the exercise of human rights and citizens' rights must not infringe upon national and ethnic interests, or the others’ legitimate rights and interests.In recent years, Việt Nam has passed many laws and resolutions of the National Assembly related to human rights and citizen rights; thereby contributing to concretising the Constitution 2013 as well as international treaties on human rights to which Việt Nam is a member.Along with that, the order and procedures for promulgating legal documents have also been improved with regulations on principles, order and procedures for collecting public opinions to ensure the rights of the affected subjects, also ensuring human rights and citizen rights.At the same time, increasing the participation of people and society in law-making work to ensure that legal regulations are soon put into practice, meeting the requirements.Acts of violating human rights are prevented through improving the legal framework for handling these acts.Regulations to ensure social order, security and safety, thereby better protecting people's rights, are increasingly improved.In addition, Việt Nam is actively improving the concerned legal framework to create conditions for individuals to enjoy their rights to the highest possible extent.We are also constantly bettering the legal framework on the State apparatus organisation, improving law enforcement effectiveness, promoting administrative reform, aiming at the highest goal of better serving the needs of people, businesses and society.A series of national target programmes, plans and action programmes have been issued to create resources to enhance socio-economic development, and then improve the people’s material and spiritual life in all aspects. Thanks to that, Việt Nam has reached many achievements in ensuring and promoting human rights, which have been recognised by the international community.

How did the Vietnamese delegation prepare for the dialogue session?

In preparation for the report on realising the ICCPR in Việt Nam, the Ministry of Justice (MoJ) established a drafting committee to develop the report with the participation of ministries and sectors directly related to the convention’s contents.The draft report was consulted with relevant agencies and organisations in accordance with the Human Rights Committee’s guidance.On March 22, 2023, Việt Nam submitted its report to the Human Rights Committee.Based on Việt Nam's national report, according to the procedures of the UN Human Rights Committee, on May 28 last year, the UN Human Rights Committee issued a List of Issues of Concern for Việt Nam's fourth ICCPR Report.Based on the list, the MoJ coordinated with relevant ministries and branches to develop a report in response and the report was submitted by Việt Nam on December 19 last year to the UN Human Rights Committee.Besides, in preparation for the dialogue, the MoJ has submitted to the Prime Minister for approval a plan to defend the fourth ICCPR report.Based on the PM's approval, the MoJ founded an interdisciplinary working group with the participation of representatives from nine relevant ministries.They are units with many contents related to the ICCPR specific provisions, including difficult and complicated contents.The MoJ and relevant ministries have reviewed the List of Issues of Concern in 2024, the 2019 recommendations of the Human Rights Committee and more than 50 reports of non-governmental organisations on the convention implementation in Việt Nam to proactively prepare the content for the dialogue with the UN Human Rights Committee.

What are the goals and plans of the Vietnamese delegation at the dialogue session?

We consider the dialogue as an opportunity for Việt Nam to report on its efforts and achievements in implementing the ICCPR. Therefore, the Vietnamese delegation will participate in the dialogue in an open, sincere, cooperative and constructive spirit.During the dialogue, we will focus on messages such as Việt Nam is focusing on carrying out many revolutionary breakthroughs to bring Việt Nam into a new era of development, including innovating law building and enforcing, continuing to build a socialist rule-of-law State of the people, by the people and for the people.Expanding democracy and creating conditions for people to participate in State management are increasingly focused on, ensuring and better protecting the civil and political rights of the people.Affirming that Việt Nam always pays attention and prioritises the best possible resources and will conduct synchronous measures to promote, protect and better ensure civil and political rights.The information and evidence presented in the report as well as the dialogue session, will be a clear answer, refuting incorrect information about the human rights situation in Việt Nam.Regarding issues that are mentioned but are not accurate about the human rights situation in Việt Nam, we are determined to have a frank dialogue, not to avoid them.For the clear contents, we will inform immediately, and for the issues that are not yet fully informed, we will request information to be provided for checking and responding later.We also determined to join the dialogue session with openness and receptiveness to promote the contents that we have implemented well. At the same time, we also have an appropriate approach to push up the ICCOR implementation more effectively. — VNS