Abstract
This chapter reviews the law and policies relating to human security in Vietnam and demonstrates that the seven elements of human security listed in the Human Development Report 1994 can be implicitly found in the Vietnamese legislation. In responding to the question of how to address human security issues, most interviewees indicated that the government should take the lead in protecting people against threats to human security. Although not familiar with the idea of human security, the interviewees were generally able to quickly link the three freedoms, as well as various threats to human security, to specific examples from their own lives. In Vietnam, human security is “a jigsaw puzzle, in which the pieces are identified and well grasped, but have not been put together.”
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Notes
- 1.
The most important legal document in the Vietnamese legal system is the Constitution passed by the National Assembly in 1992 and amended in 2013. Under the Constitution there are laws, ordinances, decrees, and other affiliated legal documents, including orders issued by the State President, government decisions issued by the Prime Minister, and circulars issued by individual ministries. Also, the resolutions of the Communist Party of Vietnam are considered to provide guidelines for all laws and regulations to be adopted by the authorities, even though they are not legal documents and have no binding effect.
Besides the law, Vietnamese policies can be ascertained in national action plans, national targeted programs, and national strategies issued by the Government to set specific goals for the implementation of each policy. Although these are not legal documents, they are still strictly followed and implemented by governmental organs in specific localities. For the full list of laws and policies analyzed in this chapter, please see annex 2.
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Interviews
Academic Source #1. 2014. Vietnam National University. Interviewed by author in Hanoi, April 25
Civil Society Source #1. 2014. East Meets West (NGO). Interviewed by author in Hanoi, April 19
Civil Society Source #2. 2014. The Ho Chi Minh Communist Youth Union of the Diplomatic Academy of Vietnam. Interviewed by author in Hanoi, July 8
Civil Society Source #3. 2014. The Women’s Union. Interviewed by author in Nam Dinh Province, July 1
Government Source #1. 2014. Ministry of Defense. Interviewed by author in Hanoi, July 20
Government Source #2. 2014. Ministry of Foreign Affairs. Interviewed by author in Hanoi, April 16
Government Source #3. 2014. Ministry of Public Security. Interviewed by author in Hanoi, June 11
Media Source #1. 2014. Vietnam News Agency. Interviewed by author in Hanoi, July 20
Media Source #2. 2014. Vietnam Television Corporation (VTC). Interviewed by author in Hanoi, April 18
Private sector Source #1. 2014. Cuu Long Joint Stock Company. Interviewed by author in Hanoi, April 15
Private sector Source #2. 2014. Mai Linh Taxi Corporation. Interviewed by author in Hanoi, July 15
Private sector Source #3. 2014. Mai Linh Taxi Corporation. Interviewed by author in Hanoi, July 15
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Appendices
Annex 1 Interview Questions
12.1.1 The Concept of Human Security
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Have you ever heard of the term “human security?” If yes, in what context did you hear of this term?
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How do you understand the term? What comes into your mind when you hear this term?
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When did you first hear of the term “human security?” In what context does the concept of human security consists of three elements: “freedom from fear,” “freedom from want,” and “freedom to live in dignity.” Can you think of an example for each of these elements?
12.1.2 Threats to Human Security
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What do you think are the major threats to human security in Southeast Asia? By governmental protection of those who suffer or by capacity building for the people so that they can cope with risks and threats by themselves?
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What do you think are the major threats to human security in Vietnam in both the short and long term?
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How do you think such issues should be tackled?
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Do you (or does your organization) engage in resolving such issues in some way?
12.1.3 The Value of the Concept of “Human Security”
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If you and the people around you were equipped with a better understanding of “human security,” do you think that there would be any change in policy, making and the protection of human security in Vietnam?
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Do you think a better understanding of the term “human security” helps to tackle global issues today?
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What do you think are major obstacles to the use of human security? How can we overcome such difficulties?
12.1.4 Scenarios
Four specific scenarios were discussed with the interviewees, namely (i) Receiving Assistance in Case of Natural Disasters; (ii) Receiving Assistance in Case of Escalation of Violence; (iii) Providing Assistance in Case of Natural Disasters, and (iv) Providing Assistance in Case of Escalation of Violence.
For the first two scenarios, the interviewees were placed in the specific hypothetical situation that his/her country is being affected by each of the above-mentioned scenarios. The question normally asked was whether he/she thinks that his/her country should accept assistance from outside. And then, if the answer was positive, what kind of organizations and what methods did they think would be acceptable to such operations and why?
For the latter two scenarios, the affected area was expanded to the surrounding region of his/her country or another country and its magnitude is supposed to be beyond the control of a single government, risking the lives of many people, and whether the organizations of his/her own country would be able to give effective support. The question is how he/she or their organizations should deal with this situation in the case that the government of the affected country is reluctant to accept foreign assistance.
Annex 2 Relevant Vietnamese Legislation
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1.
The Constitution 1992 (as amended in 2013).
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2.
The Penal Code (as amended in 2009).
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3.
The Labor Code (as amended in 2013).
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4.
The Criminal Procedure Code (19/2003/QH12).
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5.
Law 52/2005/QH11 of November 20, 2005, on Environmental Protection.
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6.
Law 03/2007/QH12 of November 21, 2007, on Prevention and Control of Infectious Diseases.
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7.
Law 05/2007/QH12 of November 21, 2007, on Product and Goods Quality.
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8.
Law 40/2009/QH12 of November 23, 2009, on Medical Examination and Treatment.
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9.
Law 55/2010/QH12 of June 17, 2010, on Food Safety.
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10.
Law 66/2011/QH12 of March 29, 2011, on Human Trafficking Prevention and Combat.
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11.
Law 33/2013/QH13 of June 19, 2013, on Natural Disaster Prevention and Control.
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12.
Resolution of the 7th Vietnamese Communist Party Conference, 2004.
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13.
Resolution of the Government 30a/2008/NQ-CP of December 27, 2008, The Support Program for Fast and Sustainable Poverty Reduction in 61 poor districts.
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14.
Resolution of the Government 63/NQ-CP of December 23, 2009, on National Food Security.
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15.
Resolution of the Government 80/2011/NQ-CP of May 19, 2011, on Directions for Sustainable Poverty Reduction (2011–2020).
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16.
Resolution of the 13th National Assembly 10/2011/QH13 of November 8, 2011, Approving the Five-year Socio-economic Development Plan for the 2011–2015 period.
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17.
Resolution of the Vietnamese Communist Party 24/NQ-TW of June 3, 2013, on Actively Coping with Climate Change, Increasing Natural Resources Management and Protecting the Environment.
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18.
Decision of the Prime Minister 138/1998/QD-TTg of July 31, 1998, Approving the National Program on Crime Prevention and Combat.
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19.
Decision of the Prime Minister 130/2004/QD-TTg of July 14, 2004, Approving the Action Program on Prevention and Combat of Women- and Children-Trafficking Crimes from 2004 to 2010.
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20.
Decision of the Prime Minister 172/2007/QD-TTg of November 16, 2007, on the National Strategy for Natural Disaster Prevention, Response and Mitigation to 2020.
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21.
Decision of the Prime Minister 1427/QD-TTg of August 18, 2011, Approving the Program of Action to Prevent and Combat the Human Trafficking Crime during 2011–2015.
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22.
Decision of the Prime Minister 2139/QD-TTg of December 5, 2011, on the National Strategy for Climate Change.
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23.
Decision of the Prime Minister 1489/QD-TTg of October 8, 2012, Approving the National Targeted Program for Sustainable Poverty Reduction in the period of 2012–2015.
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24.
Decision of the Prime Minister 449/QD-TTg of March 12, 2013, Approving the Ethnic Monitory Affairs Strategy through 2020.
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25.
Decree of the Government 92/2010/ND-CP of August 30, 2010, Detailing the Implementation of the Law on Infectious Disease Prevention and Control, Regarding Biosafety in Laboratories.
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26.
Decree of the Government 87/2011/ND-CP of September 27, 2011, Detailing and guiding a number of articles of the Law on Medical Examination and Treatment.
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27.
National Strategy on Climate Change, issued by Prime Minister Nguyen Tan Dung in Decision 2139/QĐ-TTg of December 5, 2011.
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28.
National Strategy on Environmental Protection to 2020, with Vision towards 2030, Approved by Prime Ministerial Decision 1216/QĐ-TTg on September 5, 2012.
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29.
National Strategy on Food Safety in the period 2011–2020, with Vision towards 2030, approved by the Prime Minister on December 12, 2013.
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30.
National Green Growth Strategy, approved by Prime Ministerial Decision 1393/QD-TTg on September 25, 2012.
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31.
National Strategy for Natural Disaster Prevention, Response and Mitigation to 2020, approved by Prime Ministerial Decision 172/2007/QD-TTg of November 16, 2007.
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32.
Platform on National Construction in the Period of Transition to Socialism (Revised and Supplemented in 2011).
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33.
Strategy for People’s Health Care and Protection 2001–2010, approved by Prime Ministerial Decision 35/2001/QD-TTg on March 19, 2001.
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34.
Unemployment Insurance Policy (effective in 2009).
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35.
Vietnam’s Ten Year Socio-Economic Development Strategy (SEDS) for 2011–2020.
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Pham, L.D., Nguyen, N.L., Bui, B.T., Ngo, T.T., Nguyen, T.G. (2019). The Concept of Human Security in Vietnam. In: Mine, Y., Gómez, O.A., Muto, A. (eds) Human Security Norms in East Asia. Security, Development and Human Rights in East Asia. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-97247-3_12
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