C1.1.1. Legal framework for defining and recognising ethnic minorities and local communities

In Viet Nam, the term “indigenous peoples” has not been used after 1945, and Viet Nam instead refers to “ethnic minorities”. The State has sought to implement equal policy development for all ethnic groups, preserving and developing traditional cultures of ethnic minorities. This is reflected in the Constitution - from the first Constitution in 1946 to the latest revision of the Constitution in 2013.^[1]  

An ethnic majority group in Viet Nam is defined as “an ethnic group with a population accounting for over 50% of the country's total population according to national population survey,” while an ethnic minority group is defined as “an ethnic group with a population smaller than that of the ethnic majority group within the territory of the Socialist Republic of Viet Nam”.^[2] These include “very low population” ethnic minority groups, defined as “ethnic minority groups with a population below 10,000 people”.^[3] 

Viet Nam defines members of local communities as households and individuals living in the same village, hamlet or similar population quarters, typically having shared traditions and customs, shared descent or same family name.^[4] Local communities in Viet Nam may comprise households and individuals from either the ethnic majority group or from ethnic minority groups.

 

^[1] Constitution of Viet Nam (2013), Article 5

^[2] Article 4(2,3) Decree No. 05/2011/ND-CP of the Government dated January 14, 2011 on Ethnic work

^[3] Article 4(6) Decree No. 05/2011/ND-CP of the Government dated January 14, 2011 on Ethnic work
^[4] Article 5(3) Law on Land (2013); Article 3 (13) Law on Land (2024); Article 2 (24) Law on Forestry (2017)