Nowadays, the establishment and development of social organizations are the concrete and lively manifestations of the people’s right to association enshrined in the country’s Constitution. Social organizations have actively participated in the management of the State and society and guaranteed the legitimate interests of their members.
Characteristics of social organizations
In
Though each social organization has its peculiar structure, purpose and activities, all of them have the common features different from state bodies and economic organizations.
First, social organizations are formed on the principle of free will of their members who are of the same social class or have the same interests, profession or hobby. The free will is clearly manifest in people’s freedom to opt for participation or non-participation in a social organization without coercion by anyone. However, each social organization sets certain criteria for those who wish to join it.
Second, social organizations participate in state management activities as provided by law in their own names, except special cases prescribed by law where they operate in the name of the state. This characteristic stems from the fact that social organizations are not components of the state apparatus. In certain cases, the State permits social organizations to resort to the state power in the name of the State. For instance, trade unions are empowered by the State to work with state bodies in formulating and promulgating joint legal documents related to the interests of workers.
Third, social organizations operate under the self-management regime in accordance with law and their respective statutes formulated by their own members. The State does not use its power to arrange leaders of social organizations. In the course of operation, the organizations handle their internal affairs without state interference unless their activities are unlawful.
Fourth, social organizations operate for non-profit purposes, but for the protection of the rights and legitimate interests of their members. This feature differentiates social organizations from economic organizations.
At present, there exist in
Socio-political organizations
Socio-political organizations are strictly structured at different levels for operation nationwide. They include:
- The Vietnam Fatherland Front, which is a political alliance and voluntary association, demonstrating the national unity bloc. Its members are social organizations and individuals that voluntarily join the Front.
- The Trade Union, which is the socio-political organization of the working class and laboring people, which represents and protects the rights and legitimate interests of laborers.
- The Ho Chi Minh Communist Youth Union, which is the socio-political organization of the youth.
- The Vietnam Women’s
- The Vietnam Farmers’ Association, which is the socio-political organization of the peasantry.
- The Vietnam War Veterans’ Association, which represents the will and interests of war veterans.
Socio-professional organizations
These constitute a type of social organizations set up at the State’s initiative, whose professional activities are placed under the management of competent state bodies for supporting and coordinating with state agencies in handling a number of social affairs. However, socio-professional organizations still bear such typical characteristics of social organizations as free will, self-management and without state power.
Arbitration centers and bar associations are typical socio-professional organizations.
Arbitration centers are socio-professional and non-governmental organizations, which have competence to settle disputes arising in commercial activities, are organized and operate under the 2003 Ordinance on Commercial Arbitration. There are at present three arbitration centers in
Bar associations are socio-professional organizations of lawyers, which are organized and operate under the 2008 Law on Lawyers. At present, there exist in the country the Vietnam Bar Federation and bar associations in almost all provinces and centrally run cities.
Self-management organizations
Social organizations of this type are established at the State’s initiative and operate under state regulations for the purpose of performing self-management to a given extent of affairs which the State does not directly manage. They are loosely organized without any organizational tie among those performing the same tasks. They are diverse in form, including the people’s inspection organizations, street quarter groups, civil guard teams, etc.
Societies set up according to professional signs, hobbies or other signs
These social organizations are diverse in form and great in membership as compared to other types of social organizations. Bearing different names such as association, union, society, league, club, etc., they operate in different fields nationwide or in a given locality.
Organizations set up according to professional signs include the Gardeners’ Society, the Bee-Keepers’ Association, Vietnam Fishery Union, Vietnam Stage and Cinematographic Association, etc. Those established according to hobbies or other signs comprise the Sports Lovers’ Association, the Blind’s Society, etc.
Legal-administrative statutes of social organizations
The legal-administrative statutes of social organizations are collections of legal provisions on social organizations in state administration, comprising provisions on the establishment and operation of social organizations and their legal rights and obligations.
By defining the rights and obligations of social organization, that is to confirm their legal status and capability, the State creates favorable conditions for them to participate in the management of the State and society. At the same time, the State sets forth legal guarantees to prevent acts of hindering activities of social organizations.
Previously, the
The State provides that citizens are entitled to form associations and examines the constitutionality and legality of the establishment and operation of social organizations through licensing their establishment and approving their statutes. Under current law, this jurisdiction is prescribed as follows:
- The Minister of Home Affairs permits the establishment, separation, merger and dissolution of societies and associations operating nationwide or in many provinces and centrally run cities, and approves their statutes.
- Chairpersons of provincial-level People’s Committees permit the establishment, separation, merger of societies operating within a province or centrally run city, and approve their statutes.
The statutes of social organizations are drafted and decided by themselves and reported to competent state bodies for approval upon their establishment registrations.
These regulations aim to guarantee citizens’ right to association, the free will and self-management of social organizations as well as their legal status, thus acknowledging their legal rights and obligations.
Social organizations and state agencies are bound together in a relationship of cooperation and mutual assistance in the process of formation, existence and development. In their capacity as state administration agencies, state agencies are competent to manage the process of formation, existence and development of social organizations. In other words, social organizations, like citizens and other organizations, are obliged to abide by law.
Meanwhile, social organizations also have rights with respect to state bodies, including the right to have their existence and development legally guaranteed by state bodies and the right to directly or indirectly participate in state administration activities. Some of them are financially assisted by the State and have the right to nominate or recommend persons to join the state apparatus.
Different social organizations have different specific rights and obligations in relation to state bodies, depending on their roles in the political system. For instance, such socio-political organizations as the Vietnam Fatherland Front, the Trade Union, the Ho Chi Minh Communist Youth Union,… are partially provided funds by the State for their operation and have the right to nominate their members as candidates to state-power organs.
Particularly, trade unions, that represent the rights and legitimate interests of laborers, are entitled to coordinate with state bodies in managing social insurance and caring for laborers’ lives.
Such socio-professional organizations as commercial arbitration centers and bar associations are encouraged and assisted by the State in their professional activities.
Self-management organizations are also materially and professionally assisted by related state bodies.
Article 87 of the Constitution of the Socialist Republic of Vietnam provides: “The
Article 5 of the Trade Union Law states: “Trade unions join state bodies in formulating laws, policies and regimes on labor, wages, labor protection and other social policies related to the rights and obligations of laborers.”
Decree No. 88/2003/ND-CP confirms that social organizations are entitled to comment on legal documents related to their operations under law.
In reality, social organizations have contributed many opinions on draft laws, reflecting the feelings and aspirations of people of various strata while helping lawmakers address shortcomings in their legislative activities and raising the feasibility of legal documents. Social organizations being members of the Vietnam Fatherland Front have coordinated with state agencies in promulgating numerous joint legal documents to regulate matters related to the rights and obligations of their members.
When formulating draft laws and ordinances related to the fundamental rights and obligations of citizens, or to the functions and powers of the Vietnam Fatherland Front and its member organizations, the drafting agencies are required by law to forward the drafts to the Vietnam Fatherland Front and its member organizations for comment.
Social organizations are entitled to inspect and supervise the law enforcement by state bodies, organizations and individuals; to notify and request competent state bodies to handle law-breaking acts.
Through inspection and supervision, social organizations have already actively participated in the management of the State and the society, contributing to the prevention of violations, raising the sense of responsibility of public employees and preventing and combating corruption.
Social organizations have the right and obligation to raise the sense of law observance for their members and people at large by launching mass movements or organizing public gatherings for law dissemination.
They participate in the settlement of disputes in social life, contributing to stabilizing social order.
Regarding law enforcement, some social organizations, like trade unions, bar associations and people’s inspectors and grassroots conciliation teams, play a particularly important role. For instance, trade unions may inspect activities of state bodies in labor protection, disciplining of public employees and distribution of social welfare. Conciliation teams in street quarters, villages or residential areas are elected by inhabitants to reconcile and settle minor disputes and help inhabitants establish a cultured lifestyle and sense of law observance.
Nowadays, the role and legal status of social organizations in Vietnam are further guaranteed and considered an important factor in the course of building a law-governed state and a civil society.-