C2.2.1 Policies, laws and regulations on ethnic minority and local community rights
In Viet Nam, the rights of ethnic minorities and members of local communities include the rights that accrue to all citizens of Viet Nam, as set out in the Constitution of Viet Nam (2013), as well as specific rights that have been set out and highlighted in specific policies, laws and regulations.
The Constitution of Viet Nam (2013) states that all ethnicities are equal and all acts of national discrimination and division are strictly forbidden. It also recognizes the right for every ethnic group to use its own language customs, tradition and culture, and regulates human rights of all Vietnamese citizens, such as rights on survival, to protection and to privacy.”[1]
The right to non-discrimination is also supported by the Civil Code (2015).[2]
Local communities may hold rights to land use and forest use, and to have their lawful rights to use this land and the land-attached assets protected. Ethnic minorities have the same legal rights to land use and forest land as any other Vietnamese citizens. Communities, including ethnic minority communities, can be allocated forests for use and management in accordance with respective Law on Land (2024) and Law on Forestry (2017).[3] Further information on rights to land and forests is provided under Safeguard B.2.
There are also a number of policies to promote the economic development and inclusion of ethnic minorities, such as: forest protection contracts, reforesting planted forest, infrastructure support, and production development for poor communities; supporting ethnic minorities in education, employment, healthcare, and legal aid; and the National Target Program on Socio-economic Development of Ethnic Minorities and Mountainous Areas, 2021-2030.[4] Under the Law on Forestry (2017), the development of forest planning should ensure the participation of organizations, households, individuals and communities including ethnic minorities.[3]
The legal framework related to the right to receive benefits from forests and other natural resources is covered under Safeguard B.2; right to information access under Safeguard B.1; and right to access justice under Safeguard B.3.
In addition, free, prior, and informed consent (FPIC) is an important principle set out in the United Nations Declaration on the Rights of Indigenous People (UNDRIP), which Viet Nam has adopted, and which is relevant to addressing and respecting Safeguard C. This is covered under SIS C2.2.2.
[1] Article 19, 20 and 21 of the Constitution of Viet Nam (2013)
[2] Article 4 of Civil Code Law (2015)
[3] Article 5, Law on Land (2013); Article 4, Law on Land (2024); Articles 4 and 14, Law on Forestry (2017)
[4] Decision No. 1719/QD-TTg dated October 14, 2021 on National Target Program on Socio-economic Development of Ethnic Minorities and Mountainous Areas, 2021-2030