A number of terms are used to describe the modern age, such as 'the age of information,' 'the age of globalization,' 'the age of scientific and technological revolution,' or 'the age of the knowledge economy,' and sometimes it is even called 'the flat world.'
Whatever the term, however, and whatever opinion it is based on, it cannot be denied that our present world is still a community of countries and nations with various ideologies, historical traditions, cultures, political systems, and national institutions. At the same time, there is competition and conflict among countries in the form of hot wars, cold wars, weaponless wars, and 'color revolutions,' as well as political upheavals like the ones taking place in the Middle East and North Africa called 'jasmine revolutions.' The people who take an objective and wise view can understand that such contradictions, conflicts, and wars among countries are for their own spiritual and material interests rather than for the common values of democracy and human rights.
Democracy and Human Rights
According to experts in political science and law, there are more than 190 countries in the world with a variety of systems - democratic republic, monarchy, constitutional monarchy, republican presidential, parliamentary republic and religious state (Vatican). Each country has national rights in which no one, not even the United Nations, can intervene to choose its ideology -- capitalism or socialism, the political system -- multi-party or one party, an economic model -- liberalism or socialist market economy, nor may make decisions regarding its natural resources and assets.
All countries, either developed or developing, either in the West or in the East, have spiritual symbols reflecting their political systems and national institution, for example the royal families in the United Kingdom, Japan, Denmark, Sweden, Thailand, and religious dignitaries, especially in Muslim countries. Political regimes and these symbols that have been established over time are respected by the people and protected by constitution and law.
In Vietnam, the Democratic Republic and the current Socialist Republic were born from the revolution led by the Communist Party of Vietnam and President Ho Chi Minh to regain national independence and to remove the hundreds of years of the colonial feudal regime. The current system is protected and strengthened by the blood and toil of the whole nation in the wars against the most atrocious empires of the century. It is the result of more than a half century of struggle and sacrifice and is reflected in the constitutions. The constitution of 1992 is not only the basis of law but also the spiritual values of the nation.
National Interest and Dignity
It is a shame that there are a few people in our society who have an incorrect awareness of human and civil rights. They want their personal rights to be absolute, but ignore the interests of the community, the country, and the nation. Whenever their personal rights and interests are violated, they become disturbed and may even resort to violence. As for the national interest and dignity, it is no different from the proverbs 'everybody's business is nobody's business' or 'too many cooks spoil the broth.' Some people waste their breath libeling and despising the socialist regime.
Taking advantage of Article 19 on freedom of speech in the International Convention on Political and Civil Rights of 1966, some people think that they have rights to propagandize their personal opinions which are actually libel and defamation against the socialist system and national institutions. With regard to the State of Vietnam, they have said that 'the legislative and legal systems and the executive are mere tools of the Communist Party,' and 'Article Four of the Vietnamese Constitution is unreasonable and should be removed.' They even call Vietnamese legal system 'a monstrosity'...!
International Conventions
People who have studied the international conventions on human rights all know that Article 19 in the aforementioned convention allows member countries the right to statutory restrictions in order to:
(i) Respect the honor and rights of other people;
(ii) Defend the national security and public order, public health, and morality.'
As for the rights with reference to freedom of ideology, freedom of speech, and freedom of the press, Vietnamese law has the following regulations: Article 88 of the Penal Code of 1999 about 'the crime of propaganda against the state of the Socialist Republic of Vietnam.
People who have committed one of the following acts against the Socialist Republic of Vietnam shall be sentenced to between three and twelve years of imprisonment:
(i) propagating, distorting and/or defaming the people's administration;
(ii) Propagating psychological warfare and spreading fabricated news in order to foment confusion among people;
(iii) Making, storing and/or circulating documents and/or cultural products with contents against the Socialist Republic of Vietnam.
1. In the case of committing serious crimes, the offenders shall be sentenced to between ten and twenty years of imprisonment.
Article 13 of the National Security Law states as follows:
2. Organize, incite, forcibly control, and direct opposition against the people's administration and to abolish the leadership of the Communist Party of Vietnam.'
Article 14 regulates the public security mission as follows:
1. Defend the political system and the state of the Socialist Republic of Vietnam;
2. Defend ideological security and culture and the legal rights and interests of agencies, organizations, and individuals.
Article 10 of the Press Law, regulates 'items that are not allowed in the press':
1. Must not incite the people against the state of the Socialist Republic of Vietnam.
2. Must not report false news, distort, slander or violate honor and human dignity.
The aforementioned regulations in Vietnamese law are not contrary to international law.
As for the relationship between international law and national law, international conventions on human rights include not only absolute rights but also restricted rights, including the freedom of speech, which are flexible enough for countries to apply in their particular situations. International law on human rights is not direct legal regulations imposed on countries and nations. This is due to the simple fact that the world is not one country and the United Nations is not the central government and countries are not local governments. Similarly in the legal field, national law is not a village custom, but it is the national will. International law for member states is actually treaties which are applicable when that country joins and then approves those treaties. Respect for national independence and sovereignty has always been the leading principle of the United Nations.
Development and Improvement
We do not deny that our society has a lot of serious problems, which need to be solved, same as other countries, such as the gap between the rich and the poor, bureaucracy, corruption, and the degradation of morality and lifestyle of some officials and state employees. Civil rights are violated here and there. However, the solutions to those problems must be based on political principles, the correct ideology, and the principle of the law-governed state rather than on the propaganda of personal opinions which is used to slander and despise the social system.
Vietnamese democracy is still on the path of development and improvement, and it is not the job for 'brave democracy and human rights activists' nor does it mean downloading the politics of the West as someone said. It is the mission of the entire political system and the people.The national independence and sovereignty associated with the socialist system are the highest value for our nation. To defend the constitutional principle, including Article Four of the Constitution of 1992 on the leadership of the State and the Communist Party of Vietnam, means not only to protect the results of the revolution but also to respect the national dignity.
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