New decree keeps associations under control of Vietnam’s Communist Party: Project 88

A recently decree that increases restrictions on associations in Vietnam is aimed at ensuring they stay under the control and do not threaten the absolute power of the ruling Communist Party, a new report said Monday.

On Nov. 26, Vietnam’s government enacted Decree 126, which makes it more difficult to establish an association and gives the government more power to control and monitor the activities and funding sources of associations once they are up and running.

Decree 126 replaces an earlier decree known as Decree 45 and grants the government the power to suspend and dissolve associations in Vietnam — a power it did not have previously.

Ben Swanton, co-director of human rights group Project 88, said in a statement accompanying an analysis of the new decree that it is part of “a new wave of repression that is shaping policymaking in a way that will further suppress civil society.”

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In issuing Decree 126, Vietnam’s government said the additional restrictions were needed to “ensure party control over associations,” “prevent foreign influence on domestic affairs,” and “clarify the role of associations in policymaking.”

“Taken together, the government’s reasons for replacing Decree 45 paint a picture of paranoid leaders who want to tighten their chokehold on associations in the country,” Project 88 said.

On July 13, 2023, the Communist Party issued Directive 24, which labels foreign influence a threat to Vietnam’s national security and orders further restrictions on local organizations. The Ministry of Home Affairs named Directive 24 as a driving force behind the need to replace Decree 45 with Decree 126.

According to the Ministry of Home Affairs, as of December 2022, there were 71,669 registered associations operating in Vietnam. Student groups, community organizations, and civil society advocacy coalitions, as well as artistic collectives and social clubs, fall within the parameters of the decree, Project 88 said.

Contradictions

Project 88 said in its analysis that the new decree contradicts both Vietnam’s constitution and international law.

“Vietnamese citizens have a constitutional right to free association, which is also guaranteed under international law,” the group said. “But Decree 126 grants the government unfettered authority to stop people from forming associations and to stop associations from operating independently.”

The new decree also introduces new controls over the activities of associations, which “can only engage in policy advocacy at the request of the state.”

“They must abide by all government regulations, and cannot do anything to harm national security, social order, morality, or the cultural identity of the nation,” Project 88 said. “None of these terms are defined by the decree, leaving it up to the discretion of public officials to determine what precisely constitutes a harm to one of these government interests.”

Project 88 said that Decree 126 establishes a database to track the members and activities of all associations permitted to operate in the country, and gives authorities the right to request unlimited information of associations.

Latest policy targeting associations

The decree is the latest in a series of policy measures targeting associations in Vietnam, Project 88 said.

In addition to Directive 24, earlier policies imposed onerous requirements for those that receive foreign funding and required government approval to host a conference related to national sovereignty, security, human rights, ethnicity, or religion.

“The fears of the communist party towards an independent civil society have been known for some time,” the report said. “In various fora, the party has expressed concern about the potential for an independent Vietnamese civil society to interfere with the [party’s] control over the country’s internal affairs, particularly with regards to setting government policy.”

The group said that a major goal of Decree 126 is “to ensure that associations in Vietnam will remain under state control.”

“A related objective is to tighten control over associations as the country further integrates with the international community,” it said.

Project 88 called on the Vietnamese government to repeal Decree 126 and Directive 24, and “stop enacting policies … that impose onerous requirements on associations.”

The group also urged the government to stop forcibly closing associations, ensure that associations can engage in policy advocacy without fear of intimidation, and develop training programs to improve the knowledge of officials about freedom of association.

Edited by Joshua Lipes and Malcolm Foster.