Public consultation on laws regulating the freedom of assembly and association

Freedom of association is one of the rights of citizens recognized in the 2013 Constitution of Viet Nam. It is also regulated in the Law on Association promulgated in 1957 and in Decree 45 in 2010. However, many legal gaps remain when it comes to social organizations in Viet Nam. For example, there are some recently established social organizations that have problems being officially recognized because the government does not have a basis in law to say whether they are legally created. The need for a new Law on Associations is clear; to ensure the implementation of the right of citizens to form associations, and to promote the role of associations and enhance the effectiveness of the State management, a more enabling legal framework for them to operate and register is needed.

“Law on Associations will be the legal basis to ensure and create favourable conditions for citizens to exercise their right of association, and enhance the effectiveness of State management, while ensuring the implementation of Viet Nam’s international commitments on human rights” explained Dr. Nguyen Tat Giap, Deputy Director of Ho Chi Minh National Academy of Politics at the consultation.



Establishing an association is a fundamental right contained in the United Nations International Covenant of Civil and Political Rights, which was ratified by Viet Nam in 1982. In many countries, the right to form associations is also provided for in their Constitutions and domestic laws as a fundamental right.

“The Law on Associations is one of the most important pieces of legislation under development. It will govern how civil society organizations, possibly trade associations, and other not for profit groups can legally register and operate in Viet Nam. Getting feedback from the citizens and existing associations at the local level will help the Government understand the current constraints that exist that make it difficult for associations to provide social services locally. Their insights will help the Government draft a final version of the law that empowers civil society and provides clear and simplified rules for registering and operating nationally and locally”, Mr. Scott Ciment, UNDP Policy Advisor on Rule of Law and Civil Society highlighted.

According to official figures from the Internal Affairs Ministry, as of December 2014, there are 52,565 associations. Of this number, only 483 associations operate nationwide with the remainder on a local scale, and 8,792 have specific functions.

The consultation workshop is one of activities of the UNDP-funded project “Legal framework for social organizations in some countries and experiences for Viet Nam” in order to prepare a report on the draft Law on Association and other laws related to the creation of a legal framework for non-profit association to register and operate in Viet Nam. Other consultations will be organized in Ho Chi Minh city, Da Nang, Dak Lak, Can Tho and Ha Noi.

The draft law on association, comprising eight chapters and 36 articles were submitted to the National Assembly. It is expected that the new law will be adopted in November 2016.

For more information, please contact:

Phan Huong Giang

UNDP Communications Officer

Email: phan.huong.giang@undp.org



Scott Ciment

UNDP Policy Advisor on Rule of Law and Civil Society

Email: scott.ciment@undp.org