Reviewing Regulations on Rights of Persons with Disabilities in Vietnam to Advance the Implementation of the Convention on the Rights of People with Disabilities

Authors

  • Le Dinh Nghi Hanoi Law University

DOI:

https://doi.org/10.22437/jlj.5.1.39-65

Keywords:

Rights of Persons with Disabilities, CRPD, Persons with Disabilities, Law on Persons with Disabilities

Abstract

Viet Nam signed the International Convention on the Rights of Persons with Disabilities in 2007 and ratified it in 2014, recognizing all of the rights of PWDs included in the Convention without reservation. In addition, as a result of member states’ commitment, policies and legislation related to PWDs have been adjusted in order to adapt to socioeconomic developments in order to guarantee that PWDs can completely participate fully in society. However, there are relevant legal gaps between the 2010 Law on Persons with Disabilities and the International Convention on the Rights of Persons with Disabilities, particularly, in terms of obstacles, problems, and challenges in implementing rights to education, health care, and vocational training. Through analyzing the barriers, challenges, and legal gaps compared to the International Convention on the Rights of Persons with Disabilities, the article proposes some recommendations to ensure that Viet Nam fully implements its commitments under the Convention.

References

Legal Documents
United Nations, International Convention on the Rights of Persons with Disabilities, 2006;
United Nations, Convention No. 159 on Vocational Rehabilitation and Employment (Disabled Persons), 1983;
United Nations, Recommendation No. 168 Vocational Rehabilitation and Employment (Disabled Persons), 1983;
United Nations, Universal Declaration of Human Rights, 1948;
United Nations, Convention on the Child’s Rights, 1989;
Socialist Republic of Viet Nam, National Assembly, Constitution of 1992;
Socialist Republic of Viet Nam, National Assembly, Constitution of 2013;
Socialist Republic of Viet Nam, National Assembly, Labor Code 2012; amended 2019;
Socialist Republic of Viet Nam, National Assembly, Law on Occupational Safety and Health 2015;
Socialist Republic of Viet Nam, National Assembly, Law on Persons with Disabilities; 2010;
Socialist Republic of Viet Nam, National Assembly, Law on Employment 2013;
Socialist Republic of Viet Nam, National Assembly, Law on Occupational Safety and Health 2015;
Socialist Republic of Viet Nam, National Assembly, Law on Vocational Education 2014;
Socialist Republic of Viet Nam, National Assembly, Law on Education 2019;
Socialist Republic of Viet Nam, National Assembly, Law on Employment 2013;
Socialist Republic of Viet Nam, National Assembly, Law on Health Insurance 2008, amended 2014;
Socialist Republic of Viet Nam, Standing Committee of the National Assembly, Ordinance on Handicapped Persons;
Socialist Republic of Viet Nam, Prime Minister, Decision No.1019/QĐ-TTg dated 05 August 2012 on the project for supporting persons with disabilities for the period 2012-2020;
Socialist Republic of Vietnam, Prime Minister, Decision No.1717/QD-TTG on establish the Nation Council Committee on Persons with Disabilities;
Socialist Republic of Vietnam, Prime Minister, Decision No.1100/QD-TTg dated 21 June 2016 “Approving the plan to implement the United Nation’s Convention on the Rights of Persons with Disabilities in Viet Nam;
Socialist Republic of Viet Nam, Minister of Labour, Invalid and Social Affairs, Cirular No.763/VBHN-BLĐTBXH dated 28 February 2019 on Detailing and guiding a number of articles of the Law on Persons with Disabilities;
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Books and Reports
ACDC- USAID Vietnam, Literature Review on Disability Policy in Vietnam, Project “Monitoring and evaluating CRPD implementation in Vietnam”, May 2016.
General Statistics Office of Vietnam (GSO) and UNICEF, National Survey on People with Disabilities 2016-2017, (2019);
Handbook for Trainers of People with Disabilities Funded by the German Technical Cooperation Organization (GTZ) and the German Development Assistance Agency, Disability models and Policies, 2010.
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ILO Office in Viet Nam, Report of the Tripartite Technical and Consultative Conference, United Nations Convention Center in Bangkok, Employment for People with Disabilities - a Human Rights-Based Approach, January 2006;
Ministry of Health, Report on the implementation of the United Nations Convention on the Rights of Persons with Disabilities, Hanoi, 2 December 2016;
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Truong Viet Dung (editor), Nguyen Duy Luat, Health Organization and Management, Publishing House Medicine, Hanoi, 2007.
Report No. 168/TTr-CP dated October 10th 2009 on the Government's Disability Law Project to be submitted to the National Assembly;
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Nguyen Thi Minh Thuy, Tran Trong Hai, Journal of Public Health, No. 28, 2013, Need for assistance in daily life and social integration of people with disabilities.
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Other Documents
Ha Thi Lan (2014), "Protecting the rights of people with disabilities in Vietnamese labor law - Actual situation and solutions", Master's Thesis in Law, Faculty of Law - Hanoi National University;
Nguyen Thi Lan Anh, Director of the Action Center for Community Development (ACDC) (2016), Inclusiveness - Accessing and Empowering People with Ability.
“Difficulty in accessing medical services and healthcare”, tại địa chỉ: https://baophunuthudo.vn/article/31041/170/ky-3-kho-khan-trong-tiep-can-dich-vu-y-te-cham-soc-suc-khoe.
Hoa Cu, “In 2019: About 20,000 people with disabilities received basic vocational training” http://baodansinh.vn/nam-2019-khoang-20000-nguoi-khuyet-tat-duoc-dao-tao-trinh-do-so-cap-nghe-20191227160111885.html
Tran Thai Duong, “Securing the labor rights and employment of people with disabilities in Vietnam and accession to ILO Convention 159”: http://www.lapphap.vn/Pages/tintuc/tinchitiet.aspx?tintucid=206892
ILO (2019), “Vietnam ratifies ILO Convention 159 on Employment for Persons with Disabilities” at address: https://www.ilo.org/hanoi/Informationresources/Publicinformation/newsitems/WCMS_679337/lang--vi/index.html.s
Quynh Hoa, Giang Nguyen (2015), “Submit to the National Assembly for ratification of two United Nations Conventions”
https://congly.vn/thoi-su/thoi-cuoc/trinh-quoc-hoi-phe-chuan-hai-cong-uoc-cua-lien-hop-quoc-66370.html
Hanoi Law University, October 5, 2015, Proceedings of the Conference - Sharing experiences in teaching and researching the law of people with disabilities in law training institutions;

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Published

2022-05-31

How to Cite

Nghi, L. D. (2022). Reviewing Regulations on Rights of Persons with Disabilities in Vietnam to Advance the Implementation of the Convention on the Rights of People with Disabilities. Jambe Law Journal, 5(1), 39–65. https://doi.org/10.22437/jlj.5.1.39-65

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Articles