14/06/2016
1. Definition of “Civil society”
The concept of “civil society” can be understood in different ways not only in Việt Nam, but also in the world. Basically, “civil society” is a group of social organizations which are non-Governmental, non-family, non-business (market). They aggregate citizens in activities for the common purpose. It can be said that the important element of “civil society” is associations among people and communities.
Until now in Việt Nam, Party and State’s documents do not manifest the concept of “civil society”. However, in the fact, the Party and State begin building regulations and legal basis for membership in “civil society” and its role in the social life.
According to the Decree No. 45/2010/ND-CP on the organization, operation and management of associations, social organization may be called differently as society, union of associations, confederation, club and other voluntary, self-management associations which are exterior to socio-political organizations including Vietnam Fatherland Front, Vietnam General Confederation of Labour, Ho Chi Minh Communist Youth Union, Vietnam Farmers’ Union, Vietnam Veterans’ Association, Vietnam Women’s Union and religion associations.
According to Chapter 1, Article 2, an association under this Decree means a voluntary organization of Vietnamese citizens or institutions with the same business or interest or in the same circle that unite for a common goal and operate regularly and disinterestedly to protect lawful rights and interests of the association, its members and the community; and support one another to operate effectively, contributing to national socio-economic development.
Based on legal entities of the Civil Code 2005, Article 100, types of legal entities of civil society include socio- political and professional organizations, voluntary organizations, social funds and charity funds.
Accordingly, civil society organizations in Việt Nam consists of the Fatherland Front, the biggest civil society organizations with unions of Labour, Women, Youth and Farmers, professional organizations, non-governmental organizations and residential communities
One among manifestation of civil society’s role and involvement is the policy “people know, people discuss, people act, people examine.” The role of civil society in protecting the environment is based on the policy.
2. The role of civil society in protecting in protecting the environment
The legal regulation on environment information (people know)
In comparison with the Law on Environmental Protection (LEP) 2005, the LEP 2014 has some new regulations on environment information.
According to Article 145, socio-political organizations, socio-occupational organizations have the rights to be granted access to and the right to ask for information of environmental protection in accordance with the law.
Article 146 says representatives of local communities under environmental effects of production, business and service entities have the right to ask the owners of those production, business and service entities to provide information of environmental protection through direct dialogs or in writing; organize practical enquiry into environmental protection tasks by production, business and service entities; collect, supply information to competent agencies and take responsibility for the information supplied.
Representatives of residential community in the area under environmental effects of production, business and service entities have the right to ask state management agencies concerned to supply results of investigation, inspection and handling of the entities.
Legal regulations on the involvement of civil society in building guideline, policy, plan and regulations on protecting the environment (people discuss)
The Vietnam Fatherland Front is in charge of consulting, criticizing and supervising the protecting environment policy enforcement under the law. The State-level management agencies have the responsibility to creating a good condition for the Vietnam Fatherland Front to participate in protecting the environment.
The socio-political and socio-occupational organizations have the rights to consult at projects relating to their function, mission and authority; to criticize and question the State-level management agencies and owners of relevant production, business and service entities on protecting environment in accordance with the law.
Representatives of the residential communities have the right to evaluate the result of production, business and service entities in protecting environment; to implement the methods to protect the rights and benefit of the residential communities in accordance with the law.
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Youth Union participating in environmental cleaning |
Legal regulations on the involvement of civil society in environment protection activities (people act)
Article 43 of the Constitution of the Socialist Republic of Việt Nam in 2013 says everyone has the right to live in a clean environment and has the obligation to protect the environment. Article 4 of the LEP 2014 defines that environmental protection is the responsibilities and obligations of every agency, organization, family household and individual. All entities including “civil society” in the society have the obligations to protect the environment, hence.
The participation [to fulfill an obligation to protect the environment] of the social organizations and residential communities can be expressed through founding self-management organizations on environmental protection. These organizations have the responsibility to build and implement conventions on environmental protection. They also mobilize and call for people to discard unsound customs and habits which are unhygienic and harms the environment and people’s health.
One among new features in the law is that socio-political and socio-occupational organizations have the rights to recommend the competent State agencies to handle with acts breaking the law on environment protection; represent the residential communities to evaluate the result of production, business and service entities in protecting environment; and implement the methods to protect the rights and benefit of the residential communities in accordance with the law.
So, the LEP in 2014 regulates quite sufficiently the participation of socio-political and socio-occupational organizations and residential communities in protecting environment.
Legal regulations on the involvement of socio-political and socio-occupational organizations and residential communities in supervising and detecting acts breaking the law of environment protection (people examine)
Self-management organizations on environment protection have the rights to supervise the law enforcement on environment protection of production, business and service entities on the area.
The socio-political and socio-occupational organizations have the rights to inspect environment protection at the production, business and service entities which are under the organizations’ authority. The organizations can recommend the competent State agencies to handle with acts breaking the law on environment protection.
3. Conclusions and recommendations
It can be said that the LEP 2014 comprises more advanced rules than LEP 2005 in the involvement of the socio-political and socio-occupational organizations and residential communities to consult, criticize, supervise and examine the law enforcement of other organizations and individuals.
However, these rules are still unspecific and they need a guideline to implement. These rules can be brought into play or not, it depends on the guideline and mechanism to make sure that the social organizations and residential communities would perform them.
The establishment of law adjusting the relationships resulted when socio-political and socio-occupational organizations and residential communities join environment protection will create a firm legal basis to ensure the involvement of socio-political and socio-occupational organizations and residential communities in protecting environment.
So, it is necessary to complete the law system by bringing out specific regulations to guarantee the participation of socio-political and socio-occupational organizations and residential communities in solving environmental issues.
The law’s rules should identify the fields and bounds of the participation of socio-political and socio-occupational organizations and residential communities; rights and obligations of the legal entities relating to the participation of socio-political and socio-occupational organizations and residential communities in environment protection activities.
To guarantee the role of socio-political and socio-occupational organizations and residential communities, these rules should be strict to matter of principle such as ensuring the community’s right, equality and reasonableness in environment protection and sustainable development.
Dr. Nguyễn Văn Phương
Hanoi Law University
