From human rights proclaimed in the declaration of independence to achievements gained in the era of innovation

Declaration of Independence - crystallizing human rights in Ho Chi Minh thought

Born and raised in the dispersal of family and nation, lived in a traditionally patriotic family, earlyparticipated in the movementsof struggle against French colonialism, President Ho Chi Minh always concerned about the deprivation of Vietnamese human rights. Tramping about through thick and thin for 30 years, President Ho Chi Minh laid the foundations for establishing international relations, exploring the nature of human rights in the countries where such ideas were derived from. In France, He noticed that the French in France were better and more polite than the French in Indochina. In the United States, He absorbed the value of the human rights ideology in the American Declaration of Independence in 1776 with the content of sacred personal freedom. But better than anyone else, He realized that behind this recognition of divine personal freedom is a discrimination between people and between classes whose differences in the social position existed between the rich and the poor, the rulers and the ruled, the white and the colored people. It was class distinction in capitalist and imperial society.

On January 28, 1941, returning to the Fatherland after 30 years abroad, He directly led the Vietnamese revolution and was the soul of the August Revolution victory in 1945. On September 2, 1945, on behalf of the Provisional Government, in Hanoi’s Ba Dinh square, President Ho Chi Minh read the Declaration of Independence drafted by Himself, declaring to the whole Vietnamese people andto the world about the abolition of feudal colonialism and the establishment of the Democratic Republic of Vietnam. In the Declaration of Independence, the human rights of Vietnamese people were solemnly proclaimed by President Ho Chi Minh: All men are created equal. They are endowed by their Creator with certain unalienable rights, among them are Life, Liberty, and the pursuit of Happiness. After denouncing the atrocities committed by the colonists, feudal officials and their lackeys for nearly a century, President Ho Chi Minh affirmed Vietnamese people’s indispensable basic national rights. He declared to the whole Vietnamese people and also to the world: Vietnam has the right to be a free and an independent country - and in fact is so already. The entire Vietnamese people are determined to mobilize all their physical and mental strength, to sacrifice their lives and property in order to hold firm their independence and liberty.

Exercising Vietnamese human rights after the proclamation of Declaration of Independence

Following the basic spirit of the Declaration of Independence, the Party and State of Vietnam weresorely concerned about protecting human rights in civil-political, socio-economic and cultural fields. On September 3, 1945, at the Provisional Government’s first session of the Democratic Republic of Vietnam, President Ho Chi Minh stated: “In the past, under the dictatorial monarchy, then the no less dictatorial colonial regime, our country had no constitution. Our people could not enjoy democratic freedoms. We must have a democratic constitution. I propose the Government to hold a GENERAL ELECTION as soon as possible by universal suffrage”. On November 9, 1946, the first Constitution of the Democratic Republic of Vietnam was adopted by National Assembly. This Constitution has paid special attention to ensuring the rights and freedom of citizens, affirming that all state powers belong to the entire Vietnamese people regardless of race, gender, economic conditions, social class, and religion… All Vietnamese persons shall be equal before the law, before the courts and tribunals, in all areas of political, economic and cultural life.

Inheriting the 1946 Constitution, then the 1959, 19801992 and 2013 Constitutions, human rights in Vietnam are constantly being supplemented, expanded and developed in practice, expressed in detail through the amendments of the Constitution in accordance with the country's socio-economic conditions. The Platform of national construction during the transitional period towards socialism(supplemented and developed in 2011), adopted at the 11th National Party Congress continues to assert: "Building a socialist rule-of-law state of the people, by the people and for the people”. In order to specify the Platform supplemented and developed in 2011, the 11th Party Central Committee’s 5th plenum Resolution determined a number of basic contents that need to be amended and supplemented in the 1992 Constitution in accordance with the period of accelerating industrialization, modernization and international integration. The Resolution emphasized, institutionalized, specifically and deeply advocated the promotion of socialist democracy, ensuring that all state powers belonged to the people and affirmed that:

- The democracy in Vietnam is democratic socialism. Socialist democracy is both a goal and a driving force for national development; ensuring to encounter democracy to be appliedin real life; democracy must be associated with rules and disciplines...

- State powers belong to the people; people exercise state power through the form of direct democracy and representative democracy. It is necessary to continue to improve the form of representative democracy, ensuring that the people exercise their full mastership through the National Assembly, the People's Councils, other State agencies and the whole political system.

The Constitution of the Socialist Republic of Vietnam (2013) affirms that the Socialist Republic of Vietnam is a socialist rule-of-law State of the People, by the People and for the People. The Socialist Republic of Vietnam is mastered by the People; all state powers belong to the people and are based on an alliance among the working class, the peasantry, and the intelligentsia. In order to continue building and perfecting the socialist rule of law state, the Constitution first of all must establish and institutionalize the principles of the rule-of-law state in the regulations on organizing and operating the state apparatus as well as in the whole content of the Constitution, thus it can be said that the Constitution content itself is the highest legal basis for the organization and operation of the rule-of-law state, ensuring the validity and efficiency of the State’s operation, for the benefit of the people, human rights and civil rights.

The 2013 Constitution states that the socialist rule-of-law State of the People, by the People and for the People is organized on the principle that "all state powers belong to the people andare based on an alliance among the working class, the peasantry and the intelligentsia" (Clause 2, Article 2). This principle runs through the entire Constitution. The Constitution supplements the principle "The State power isunified and delegated to state bodies, which shall coordinate with and control one another in the exercise of the legislative, executive and judiciary powers" (Clause 3, Article 2). Recognizing this principle is a legal basis for a clear assignment and close coordination among legislative, executive and judicial agencies to bring into full play their roles and responsibilitiesin implementing effectively and efficiently their functions, tasks and powers assigned by the people; at the same time, it is the firm legal foundation for building mechanisms to control the exercise of state power, to prevent state power abuse, to fight against bureaucracy, corruption and waste,to ensure that state power truly belongs to the people and serves the people.

The state agencies are readjusted by the 2013 Constitution to be more transparent and clearer in functions, tasks and power of each agency in the state apparatus. Fully grasping human rights under the Constitution of the Socialist Republic of Vietnam (2013), the 12th Congress of the Party affirmed: "Perfecting and promoting the socialist democracy and the people's right to mastership". The Congress drew up important lessons: "... must always thoroughly grasp the idea that "The people are the root of a country", for the benefit of the people, relying on the people, promoting their role of mastership, their sense of responsibility and creativity, and their all resources”. In implementing the Resolution of the 12th Party Congress, socialist democracy continued to be promoted, ensuring that all state powers belong to the people. All guidelines and policies of the Party and State should stem from the legitimate interests, aspirations and opinions of the people. Democracy must be practiced fully and seriously in all aspects of social life. Ensuring people to participate in all stages of the decision-making process relating to people's lives and interests, from providing initiatives, participating in discussions and debates to monitore the implementary process.

Some achievements in human rights assurance and issues raised

On the basis of the practical review, the 6th Party Congress, with the spirit of "looking at the truth", "assessing the truth" and "telling the truth" has initiated and led a comprehensive renovation path of the country that firstly renews its theoretical thinking, focuses on economic innovations, and gradually renews politics. The respect and guarantee of civil rights has been affirmed in the document of the 6th Congress, along with taking care of people's lives, the state agencies must respect and ensure the civil rights prescribed by the Constitution. This view has been concretized in the guidelines and policies of the Party and the State, so the awareness of human rights in our country has been increasingly enhanced. In the The Platform of national construction during the transitional period towards socialism(1991), for the first time, the concept of "human rights" was mentioned, the State set out laws to define civil rights and human rights, while asserting that rights were associated with obligations and responsibilities. At the 7thand 8th Party Congresses, the thinking and awareness of human rights are increasingly renewed, especially documents of the 9th Party Congress affirmed to care for people, protect the rights and legitimate interests of the people; to respect and implement international human rights treaties that Vietnam has signed or acceded to. The document of the 11th National Congress of the Party goes one step further in protecting human rights with the affirmation, "Must ensure human rights, civil rights and conditions for all people to be fully developed". It can be affirmed that the documents of 9th, 10th, 11th, 12th Party Congresses have shown an important step forward in cognitive thought, in the changes of theoretical thinking about human in general and human rights in particular, creating a premise leads to profound changes in the process of making, organizing and implementing policies and laws, in order to better ensure human rights in the period of renovation and international integration.

During the renovation period, Vietnam had a profound transformation, the first and most important achievement was the revision and adoption of the 1992 Constitution. On the basis of reaffirming the viewpoints and principles highlighted in the 1980 Constitution, the 1992 Constitution marked a new development step in affirming, expanding and expressing more deeply the content of some human and civil rights. The 1992 Constitution added new rights to a set of civil rights, such as the right to participate in state and social management, the right to complaint and denunciation, and the right to freedom of business in accordance with the law, the property rights to the means of production and other assets, the right to work, the right to rest and leisure, the right to participate in scientific research, inventions and patents, the right to access to information, etc. Especially for the first time in Vietnam's basic law, the concept of "human rights" was raised and recorded as a separate clause.

Since 1986, the State of the Socialist Republic of Vietnam has issued more than 1,300 legal documents including more than 40 important laws and codes, such as Civil Code, Criminal Code, Criminal Procedure Code, Labor Code, Law on Protection of People's Health, Law on Marriage and Family, Law on Organization of People's Councils and People's Committees, Law on the election of deputies to the National Assembly and People’s councils; Law on Complaints and Denunciations; Law on the Press; Law on Social insurance; Law on Gender Equality; Law on Domestic Violence Prevention and Control... Along with perfecting the legal system, Vietnam has conducted organizational and operational reforms of judicial agencies, clarifying and enhancing the roles and functions of elected bodies, raising the effectiveness of state administrative agencies and considering this as an important content in the process of reforming the state apparatus, building a law-governed socialist state means to better secure the human rights of the people.

Socio-economic development strategy for the renovation period of the Party and the State places people at the center of development to wake every potential of individuals, organizations and the whole nation. The persistent view of the Party and the State in the process of socio-economic development is to develop rapidly, effectively and sustainably, economic growth must go along with the implementation of social progress and justice; increasing awareness on the people's role of mastership and participation in economic development and management, expanding the democratic regulations, perfecting the mechanism for people to contribute their opinions. There has also been regulation on information provision and accountability of state agencies to the people for their social criticism and supervision on the activities of the Party and the State. Respecting people's right to freedom of business to enrich themselves and contribute to society. However, besides the achievements gained during the renovation process, we still face many difficulties and challenges that require us to strive to overcome. For a long time, we only focused on "collectivism", "collective people", but somewhat underestimated the rights and interests of each individual. We can be proud of the results achieved in ensuring human rights in our country, but we also have faced too multiple difficulties and challenges both subjectively and objectively. In order to better ensure basic human rights, in the coming time, some solutions need to be carried out:

Firstly, continue to strengthen the organization, enhance the role of legislative, executive and judicial agencies in ensuring human rights, improve the electoral mechanism not only to ensure the right to free election and the right to stand for election of the people, but also to really choose the righteous and talented individuals to serve the country and the people.

Secondly, review the current legal system, identify issues that need amendments and supplements, ensure consistency in legal and sub-law documents, and continue to internalize the provisions of international treaties on human rights that Vietnam has signed in accordance with the national legal system, create a solid legal basis for ensuring national independence and human rights, strictly handle intentional cases of human rights violations.

Thirdly, closely combine economic development policies with social policies for "economic growth associated with social justice", enhance international cooperation, and take advantage of investment attraction to improve the material and spiritual life for all people, have more preferential policies and measures for special target groups, narrow the gap between the rich and the poor, create a basis for the better implementation of the people's equal rights and democratic freedoms.

Fourthly, raise the awareness of the people and state agencies on human rights issues through education in the school system and training courses for officials at all levels from the short, medium to long term./.