NGUYỄN VĂN ĐÀI

The Right to Establish Political Parties

In the first few months of 2006, we have witnessed a robust development and coming of age of the democratic movement inside Viet-Nam that includes people both within and without the Communist party. The goal and aspiration of the entire Vietnamese populace is to build a free, fair democratic, and humane society under a pluralist, multi party system. In order to achieve those goal and aspiration, we must reestablish the operation of political parties that had existed before, such as the Socialist, Democratic, Vietnamese Nationalist Party, Dai Viet, etc. as well as the birth of new political parties.

I am an attorney who has practiced in the area of human rights and freedom of religion for many years. Following, I am presenting my views and findings regarding the right to establish political parties in history and in accordance with the constitution and current laws. I earnestly hope for the contribution as well as the debate from other attorneys, jurists, legislators, political analysts both in and outside of Viet-Nam in the hope of promoting the restoration of activities, as well as the establishment of new political parties in Viet-Nam.

1) Historical Precedent:

Before the August Revolution of 1945 in Viet-Nam, there were numerous political parties who operated on equal footing with the Communist party, all shared the same goal of independence for Vietnamese people. And on September 2, 1945, in the first declaration of independence for the Democratic Republic of Viet-Nam, president Ho chi Minh declared to the people of Viet-Nam and the world: “All men are created equal. Their creator has endowed them with unalienable rights, among these are, the right to life, liberty and the pursuit of happiness. Those immortal words are taken from the American declaration of independence in 1776. To expound further, it means all the people in the world are all born equal, that any race has the right to exist, the right to happiness and liberty. The declaration of civil and human rights of the French Revolution of 1791 also states: “People are born equal in rights; they must always have their freedom and equal rights.” Those are words that no one can deny…”

(Excerpt from the Democratic Republic of Viet-Nam’s Declaration of Independence of September 2, 1945)

The first Constitution of the Democratic Republic of Viet-Nam in 1946 stipulates in Article 1: “All the rights in our country belong to the entire Vietnamese populace, without regard to race, sex, wealth, status, class or religion.”

Article 5 prescribes: “ All the citizens of Viet-Nam are equal in all spheres: politics, economics, culture.”

Article 7: “All Vietnamese citizens are equal before the law, all have the right to participate in government…”

Thus right from the start, beginning with the Declaration of Independence that gave birth to the Democratic Republic of Viet-Nam’s and the first constitution, the majority of the Vietnamese people have chosen and affirmed that Viet-Nam is a pluralist, multi-party political system. This fact is concretized in the first establishment of government of the Democratic Republic of Viet-Nam as a pluralist government. In that government, aside from the Nationalist party, which existed only for a short period, the Socialist and Democratic parties have operated and coexisted with the Communist party until 1988, which was the year they self disbanded after proclaiming that they had completed their historical purposes (although in reality there maybe other reasons)

The emergence of past political parties, including the Communist party under French colonial rule, relied on the support of the populace which they represented, and subsequently and automatically proclaimed their formation, but not for having followed any legal procedures nor been duly registered or granted permission by any legal entity. The very establishment of the Vietnamese Communist Party was done in China, not in Viet-Nam.

Thus, more than 60 years ago, on Vietnamese soil (in our country), we had had a democratic government, multi party with a very progressive constitution given the background of internal strife and external threats. Today, in a peaceful and unified country and a general democratization movement worldwide, there is no reason to restrict or prevent the people of Viet-Nam from establishing a civil society, democratic and pluralist, allowing all people the chance to participate in the development of our fatherland.

2) Regarding current laws

Presently, there are no clause or provision in the constitution and laws of Viet-Nam that prohibit or restrict the citizenry from founding a political party. Therefore the citizens of Viet-Nam have the right to implement whatever the law does not forbid. In the current constitution of Viet-Nam:

Article 2 establishes: The government of the Socialist Republic of Viet-Nam is the government of the people, for the people, and by the people. All the power and rights of the government belong to the people…”

Article 50 stipulates: “In the Socialist Republic of Viet-Nam, the political rights of the people… are respected…”

Article 53 states: “Citizens have the right to participate and manage the government and society…”

Article 69 determines: “Citizens have the right to form associations…”

Therefore all the power of the State belongs to the people and derives its power from the people; the people have the right to participate and manage the state by forming different political parties to represent themselves, since there are no law or provision in the constitution that prohibit the formation and operation of other parties.

Article 4 states that the Communist Party of Viet-Nam assumes the leadership role for the State and society but it does not specify that the Communist party is the only organization that should exist and develop. Therefore the Communist party is just a political organization that is on the same rank with other parties and organizations that operate within the framework of the constitution and the law.

3) In reality:

In the evolution of human civilization, based on both historical and legal aspects, there has never been a political entity that legitimizes or confers the right for another political party to exist or operate. The political parties are established based on the support of a segment of a population that they represent.

Normally in many countries, political parties are free to form. And in a number of countries, they have a constitutional court where people can register to operate or they have a central electoral committee, where different parties can register and compete for votes. Presently the Vietnamese Communist Party has roughly 3 millions members out of a population of 83 millions Vietnamese, so the party only garners a small percentage of Vietnamese population. While there are 80 millions people who possess many ideas and different perspectives on how to develop Viet-Nam, and they have the right to belong to one or various legitimate parties - aside from the communist party - to represent their rights and their voices.

Therefore based on historical, legal and practical aspects, all Vietnamese regardless of race, gender, religions or beliefs…did and do have the right to form parties.

How to establish a political party in Viet-Nam?

This is a question that many Vietnamese are seeking answer. Based on my personal findings, perhaps the following methods are appropriate:

First of all, any and all citizens who would like to form a new political party should start to establish a Committee that is called the Committee to campaign for the organization of Parties (this committee does not need to get permission) After drafting temporary by-laws and guidelines, this committee should circulate them in public to enlist support . The Committee should prescribe a certain number to reach (100, 500, or 100.000, etc.) before they can inaugurate their party in front of the people of Viet-Nam friends and supporters around the world.

In the face of pressing and frustrating demands for the democratization process for Viet-Nam. the old members of the Democratic and Socialist parties and their descendants have complete right to restore the activities of their parties. Members of these two parties need only to declare in front of the people of Viet-Nam and the world their need to restore their operation without asking for permission or registration simply because they had disbanded on their own accord in the past, so now they can self restore their activities.

“Viet-Nam in the inexorable march towards a civil and democratic society based on a pluralist, multi-party system is the self-evident truth. And once that truth is out no one can deny its existence. I believe the young generation of Viet-Nam will rise up on their own volition to seize their power and opportunity, they will not wait passively for the blessing of others.”

In the first few months of 2006, we have witnessed a robust development and coming of age of the democratic movement inside Viet-Nam that includes people both within and without the Communist party. The goal and aspiration of the entire Vietnamese populace is to build a free, fair democratic, and humane society under a pluralist, multi party system. In order to achieve those goal and aspiration, we must reestablish the operation of political parties that had existed before, such as the Socialist, Democratic, etc... as well as the birth of new political parties.

I am an attorney who has practiced in the area of human rights and freedom of religion for many years. Following, I am presenting my views and findings regarding the right to establish political parties in history and in accordance with the constitution and current laws. I earnestly hope for the contribution as well as the debate from other attorneys, jurists, legislators, political analysts both in and outside of Viet-Nam in the hope of promoting the restoration of activities, as well as the establishment of new political parties in Viet-Nam.

1) Historical Precedent:

Before the August Revolution of 1945 in Viet-Nam, there were numerous political parties who operated on equal footing with the Communist party, all shared the same goal of independence for Vietnamese people. And on September 2, 1945, in the first declaration of independence for the Democratic Republic of Viet-Nam, president Ho chi Minh declared to the people of Viet-Nam and the world: “All men are created equal. Their creator has endowed them with unalienable rights, among these are, the right to life, liberty and the pursuit of happiness. Those immortal words are taken from the American declaration of independence in 1776. To expound further, it means all the people in the world are all born equal, that any race has the right to exist, the right to happiness and liberty. The declaration of civil and human rights of the French Revolution of 1791 also states: “People are born equal in rights; they must always have their freedom and equal rights.” Those are words that no one can deny…”

(Excerpt from the Democratic Republic of Viet-Nam’s Declaration of Independence of September 2, 1945)

The first Constitution of the Democratic Republic of Viet-Nam in 1946 stipulates in Article 1: “All the rights in our country belong to the entire Vietnamese populace, without regard to race, sex, wealth, status, class or religion.”

Article 5 prescribes: “ All the citizens of Viet-Nam are equal in all spheres: politics, economics, culture.”

Article 7: “All Vietnamese citizens are equal before the law, all have the right to participate in government…”

Thus right from the start, beginning with the Declaration of Independence that gave birth to the Democratic Republic of Viet-Nam’s and the first constitution, the majority of the Vietnamese people have chosen and affirmed that Viet-Nam is a pluralist, multi-party political system. This fact is concretized in the first establishment of government of the Democratic Republic of Viet-Nam as a pluralist government. In that government, aside from the Nationalist party, which existed only for a short period, the Socialist and Democratic parties have operated and coexisted with the Communist party until 1988, which was the year they self disbanded after proclaiming that they had completed their historical purposes (although in reality there maybe other reasons)

The emergence of past political parties, including the Communist party under French colonial rule, relied on the support of the populace which they represented, and subsequently and automatically proclaimed their formation, but not for having followed any legal procedures nor been duly registered or granted permission by any legal entity. The very establishment of the Vietnamese Communist Party was done in China, not in Viet-Nam.

Thus, more than 60 years ago, on Vietnamese soil (in our country), we had had a democratic government, multi party with a very progressive constitution given the background of internal strife and external threats. Today, in a peaceful and unified country and a general democratization movement worldwide, there is no reason to restrict or prevent the people of Viet-Nam from establishing a civil society, democratic and pluralist, allowing all people the chance to participate in the development of our fatherland.

2) Regarding current laws

Presently, there are no clause or provision in the constitution and laws of Viet-Nam that prohibit or restrict the citizenry from founding a political party. Therefore the citizens of Viet-Nam have the right to implement whatever the law does not forbid. In the current constitution of Viet-Nam:

Article 2 establishes: The government of the Socialist Republic of Viet-Nam is the government of the people, for the people, and by the people. All the power and rights of the government belong to the people…”

Article 50 stipulates: “In the Socialist Republic of Viet-Nam, the political rights of the people… are respected…”

Article 53 states: “Citizens have the right to participate and manage the government and society…”

Article 68 determines: “Citizens have the right to form associations…”

Therefore all the power of the State belongs to the people and derives its power from the people; the people have the right to participate and manage the state by forming different political parties to represent themselves, since there are no law or provision in the constitution that prohibit the formation and operation of other parties.

Article 4 states that the Communist Party of Viet-Nam assumes the leadership role for the State and society but it does not specify that the Communist party is the only organization that should exist and develop. Therefore the Communist party is just a political organization that is on the same rank with other parties and organizations that operate within the framework of the constitution and the law.

3) In reality:

In the evolution of human civilization, based on both historical and legal aspects, there has never been a political entity that legitimizes or confers the right for another political party to exist or operate. The political parties are established based on the support of a segment of a population that they represent.

Normally in many countries, political parties are free to form. And in a number of countries, they have a constitutional court where people can register to operate or they have a central electoral committee, where different parties can register and compete for votes. Presently the Vietnamese Communist Party has roughly 3 millions members out of a population of 83 millions Vietnamese, so the party only garners a small percentage of Vietnamese population. While there are 80 millions people who possess many ideas and different perspectives on how to develop Viet-Nam, and they have the right to belong to one or various legitimate parties - aside from the communist party - to represent their rights and their voices.

Therefore based on historical, legal and practical aspects, all Vietnamese regardless of race, gender, religions or beliefs…did and do have the right to form parties.

4) How to establish a political party in Viet-Nam?

This is a question that many Vietnamese are seeking answer. Based on my personal findings, perhaps the following methods are appropriate:

First of all, any and all citizens who would like to form a new political party should start to establish a Committee that is called the Committee to campaign for the organization of Parties (this committee does not need to get permission) After drafting temporary by-laws and guidelines, this committee should circulate them in public to enlist support . The Committee should prescribe a certain number to reach (100, 500, or 100.000, etc.) before they can inaugurate their party in front of the people of Viet-Nam friends and supporters around the world.

In the face of pressing and frustrating demands for the democratization process for Viet-Nam. the old members of the Democratic and Socialist parties and their descendants have complete right to restore the activities of their parties. Members of these two parties need only to declare in front of the people of Viet-Nam and the world their need to restore their operation without asking for permission or registration simply because they had disbanded on their own accord in the past, so now they can self restore their activities.

“Viet-Nam in the inexorable march towards a civil and democratic society based on a pluralist, multi-party system is the self-evident truth. And once that truth is out no one can deny its existence. I believe the young generation of Viet-Nam will rise up on their own volition to seize their power and opportunity, they will not wait passively for the blessing of others.”