SOME INTERNATIONAL AND VIETNAMESE REGULATIONS
ABOUT VULNERABLE GROUPS
 

Section 1. International regulations on vulnerable groups

1. International regulations for people with disabilities

Before the United Nations adopted the Convention on the Rights of Persons with Disabilities, there was no international treaty that specifically addressed the rights of persons with disabilities. The Charter and the human rights conventions ratified by countries from the mid-1940s to the late 1960s did not mention persons with disabilities.
It was not until the 1970s that the disadvantages faced by people with disabilities, their isolation from society, and their discrimination, became more clearly recognized internationally and the rights of people with disabilities were raised as an issue. The 1970s of the 20th century marked a new perspective on the issue of disability. The concept of human rights for people with disabilities has been accepted in many countries around the world and recognized by the international community, affirming that people with disabilities are also equal subjects of human rights.
In 1981, the United Nations launched the International Year of Disabled Persons through the Programme of Action for Disabled Persons in the 1980s (1982). In 1992, December 3 was recognized as the International Day of Disabled Persons.
Thus, before the International Convention on the Rights of Persons with Disabilities, the United Nations had adopted basic international documents related to persons with disabilities, which, although not legally binding, had great moral values such as:

• The Declaration on the Rights of Persons with Mental Disabilities was adopted by the United Nations General Assembly on December 24, 1971.
• The Declaration on the Rights of Persons with Disabilities was adopted by the United Nations General Assembly on December 9, 1975.
• Principles for the protection of persons with mental illness and for the improvement of mental health care were adopted by the United Nations General Assembly on 17 December 1991.
• The Standard Rules on the Equalization of Opportunities for Persons with Disabilities were adopted by the United Nations General Assembly on December 20, 1993.

In particular, the United Nations adopted the International Convention on the Rights of Persons with Disabilities adopted by the United Nations General Assembly on December 13, 2006 (CRPD), with the aim of protecting the rights and dignity of persons with disabilities ^[1]. In addition to the definition of persons with disabilities, CRPD has specific provisions on general principles on the rights of this social group (Article 3), including:
“1. Respect for inherent human dignity, individual autonomy, including freedom of choice, and respect for individual independence.

2. No discrimination.
3. Participate and integrate fully and effectively into society.
4. Respecting differences and accepting people with disabilities as part of humanity's diversity…

The principle of equality and non-discrimination is also specifically provided for in Article 5 of the CRPD. This requires member states to take appropriate measures to prohibit all discrimination on the basis of disability and to effectively protect persons with disabilities from all forms of discrimination.
People with disabilities have the same basic rights as others in society, in all civil, political, economic, social and cultural fields. Specifically: The right to life; the right to equality before the law and to be equally protected by law; the right to personal freedom and safety; the right to freedom of movement; the right to education; the right to health care; the right to equality in labor and employment; the right to participate in cultural, recreational and sports activities; the right to support for rehabilitation; the right to integration and support to integrate into the community; the right to support in traveling...
This is the first international human rights treaty in the 21st century, giving status and guarantees to the rights of persons with disabilities, based on the recognition of disability as a human rights issue rather than a purely charitable issue. The CRPD is also significant in changing the way disability is viewed by viewing it as a social issue rather than a medical issue and establishing a shift from a humanitarian to a human rights approach ^[2].
As of the date of Vietnam's ratification, 158 countries had signed the Convention and 141 countries had ratified it. As of May 2018, the number of countries participating in the CRPD had increased to 177 countries. The Government of Vietnam signed the CRPD Convention on October 22, 2007, becoming the 118th member of the Convention. The 13th National Assembly ratified the Convention by Resolution No. 84/2014/QH1 dated November 28, 2014 at the 8th session. The National Assembly's ratification of the CRPD Convention is the final step in the procedure for Vietnam to become a member of the Convention. During Vietnam's first term as a member of the United Nations Human Rights Council for the 2014-2016 term, the National Assembly's simultaneous ratification of two key United Nations human rights conventions (the CRPD Convention and the CAT Convention) marked an important step forward in the implementation of human rights in Vietnam.
In order to fully and effectively implement the convention, member states need to pay attention to the following issues:
Firstly , member states need to take steps to incorporate the provisions of this convention into their national legal systems. They need to ensure that their domestic legal systems are consistent with the provisions of the Convention. When developing regulations related to people with disabilities, they need to encourage the participation of the disabled community.
Second , thoroughly and fully implement the provisions of the convention related to the rights of persons with disabilities.
Third, member states should establish a Committee on the Rights of Persons with Disabilities, also known as a National Committee, to implement the Convention. The Convention encourages member states to identify a coordination mechanism at different levels from local to central, ensuring the participation of persons with disabilities, organizations of persons with disabilities and other social organizations.
          2. International regulations relating to ethnic minorities

2.1. Universal Declaration of Human Rights

The Universal Declaration of Human Rights (Declaration) was adopted by the United Nations on December 10, 1948. This is a comprehensive and important legal document with general principles on human rights, the original document that lays the foundation for equality between people in general and gender equality in particular. The Declaration affirms that all human beings are born free and equal in dignity and rights, and should be treated with humanity; everyone is entitled to all the rights and freedoms set out in the Declaration, without distinction of any kind such as race, color, sex, language, religion , political or other opinion, national or social origin, property, birth or status, and no one may be subjected to torture or cruel, inhuman or degrading treatment. Therefore, there cannot be discrimination on the grounds of some individuals having different characteristics such as race, color, sex.

2.2. International Convention on the Elimination of All Forms of Racial Discrimination 1965

This Convention was adopted and opened for signature and ratification by the United Nations General Assembly Resolution No. 2106 A (XX) dated 21 December 1965, and entered into force on 4 January 1969. Vietnam joined on 9 June 1981. The Convention affirms that discrimination between people on the basis of race, skin color and national origin is an obstacle to friendly and peaceful relations between nations, a factor undermining peace and security among peoples, as well as undermining harmony between peoples living together in the same country.
“Racial discrimination ” means any distinction, exclusion, restriction or preference made on the basis of race, colour, descent, national or ethnic origin, which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal basis, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life (Article 1, paragraph 1 of the International Convention on the Elimination of All Forms of Racial Discrimination 1965).
The Convention provides that the Member State shall review the policies of the central government and local authorities to ensure that there is no racial discrimination anywhere; each Member State shall prohibit and eliminate racial discrimination by any individual, organization or group of individuals by all appropriate means, including by legislation where necessary; undertake to encourage measures aimed at eliminating barriers between races, and to discourage anything which may reinforce racial discrimination” (Point c, de, Clause 1, Article 2); take special and concrete measures in the economic, social, cultural and other fields to ensure the adequate development and protection of certain racial groups or individuals belonging to such races, with a view to enabling them to enjoy fully and equally all human rights and fundamental freedoms (Clause 2, Article 2).

2.3. International Covenant on Civil and Political Rights 1966

The International Covenant on Civil and Political Rights was adopted by Resolution 2200A (XXI) of 16 December 1966 of the United Nations General Assembly, and entered into force on 23 March 1976. Vietnam joined the Convention on 24 September 1982. The Convention recognizes that every human being has the right to inherit life and no one shall be arbitrarily deprived of their life; men and women have equal rights and are not subject to discrimination; victims of inequality and discrimination must be assisted.
In order to ensure the rights recognized by the Convention for human beings, the Convention also provides for the responsibilities of States:
- “The States Parties to the present Covenant undertake to respect and to ensure to all individuals within their territory and subject to their jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” (Article 2.1 of the Covenant).
- “The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant” (Article 3 of the Covenant).

2.4. International Covenant on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights was adopted by the United Nations on December 16, 1966. Vietnam joined the Convention on September 24, 1982. The Convention affirms that recognition of the inherent dignity and equal rights of all members of the human community is the foundation of freedom , justice and peace in the world.
The Convention provides that “States Parties undertake to guarantee that the rights set forth in the present Convention will be exercised without discrimination of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status” (Article 2.2 of the Convention).
1. All forms of propaganda for war are prohibited by law.
The Convention provides: “Any advocacy of national, racial or religious hatred which constitutes incitement to discrimination, hostility or violence shall be prohibited by law” (Article 20 of the Convention).

2.5. The United Nations Convention against All Forms of Discrimination against Women (CEDAW) and the United Nations Declaration on the Elimination of Violence against Women

Convention against all forms of discrimination against women and the United Nations Declaration on the Elimination of Violence against Women has provisions and recommendations for women in general, including ethnic minority women.
- CEDAW was adopted by the United Nations on December 18, 1979. Vietnam joined the Convention on February 17, 1982. To date, 186 countries in the world have ratified or signed the Convention, accounting for more than 90% of the United Nations members. Countries that ratify this Convention are required to incorporate gender equality into their national laws, abolish all discriminatory provisions in their laws, and promulgate new regulations to protect against discrimination against women. In addition, countries must commit not only to ensuring by existing laws but also to taking necessary actions to ensure women enjoy equality.
“Discrimination against women” means any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field ( Article 1 of the Convention). Article 2 of the Convention expresses the strong condemnation of discrimination against women by States Parties; recognizes 07 basic principles on policies and measures to eliminate discrimination against women CEDAW stipulates that “ States Parties shall take all appropriate measures, including legislative measures, in all fields, especially in the political, social, economic and cultural fields, to ensure the full development and advancement of women, for the purpose of ensuring their exercise and enjoyment of human rights and fundamental freedoms on an equal basis with men.” (Article 3). Part II of the Convention addresses the issue of ensuring equality between men and women in the political field. Accordingly, member states must take all appropriate measures to eliminate discrimination against women in the political and public life of the country. Part III of the Convention (from Article 10 to Article 14) stipulates the obligations of member states in ensuring women's equality in rights in the fields of education, employment, health care and in other areas of economic and social life. Part IV of the CEDAW Convention consists of 2 articles, regulating the guarantee of women's equality with men before the law in civil law, in litigation, freedom of movement, choice of residence, accommodation... Member states must apply all appropriate measures to eliminate discrimination against women in all matters related to marriage and family relations. Part V (from Article 17 to Article 22) of the Convention stipulates in detail the establishment, functions, tasks and activities of the Committee on the Elimination of Discrimination against Women (CEDAW Committee). Part VI (from Article 23 to Article 30) of the Convention deals with the commitments of member countries to fully implement the obligations recognized in the Convention; regulations on procedures for ratifying and joining the Convention; on the settlement of disputes between two or more countries surrounding the interpretation and application of the Convention; on the rights and procedures for proposing amendments and supplements to the Convention; on the effectiveness of the Convention...
- United Nations Declaration on the Elimination of Violence against Women
The United Nations Declaration on the Elimination of Violence against Women was adopted by the United Nations on December 20, 1993. Accordingly, women are entitled to the equal enjoyment and protection of all human rights, including the right to life, equality, liberty, security of person, equal protection before the law and the right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment. The Declaration stipulates that states should condemn violence against women and should not resort to any custom, tradition or religious obligation as a means to avoid their obligations to eliminate violence against women. States should pursue, through appropriate measures and without delay, a policy to eliminate violence against women.

3. International regulations relating to victims of domestic violence

Gender-based violence, including domestic violence, is a long-standing issue in history but is a new content in international law. Before the 1980s, many people believed that violence against women belonged to private relationships between individuals and family members. Therefore, all acts of violence against women were outside the scope of international law in general, and international human rights law in particular. In recent years, although significant progress has been made in improving the equal status of women, due to many different factors, in many places around the world, violence against women still occurs regularly in many different forms and levels. Therefore, efforts to eliminate gender-based violence, including the establishment of an international legal framework, are extremely necessary. Some international conventions and treaties related to gender-based violence and domestic violence include:
The Universal Declaration of Human Rights in 1948 affirms that all human beings are born with the right to life, liberty, security of person, equal dignity and rights, not to be held in slavery or servitude, and not to be discriminated against on any grounds, according to which “no one shall be subjected to torture or cruel, inhuman or degrading treatment”. This is an important international document, serving as the basis for the promulgation of human rights, including family members.
International Covenant on Civil and Political Rights (ICCPR): is one of the important international treaties on human rights. The importance and significance of ICCPR is shown by the fact that 168 countries have ratified this Convention (as of July 2015). Vietnam joined ICCPR on September 24, 1982. ICCPR regulates basic human rights in the category of civil and political rights. Regarding the prevention and control of domestic violence, ICCPR has the following provisions:
- Every human being has the right to inherit life and no one can arbitrarily deprive them of their life; men and women have equal rights and are not subject to discrimination (Article 3, Article 6);
- No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks (Article 17).
          International Covenant on Economic, Social and Cultural Rights (ICESCR): States Parties to the Convention are committed to providing individuals with economic, social and cultural rights, including the right to trade unions and the right to health, the right to education and the right to an adequate standard of living. Vietnam joined the ICESCR on September 24, 1982. The Convention affirms that recognition of the inherent dignity and equal rights of all members of the human family is the foundation of freedom, justice and peace in the world (Preamble).
1989 Convention on the Rights of the Child ( UNCRC) : The UNCRC comprehensively addresses the basic rights that children around the world must be guaranteed, such as: the right to life, development, care and protection; the right to participate in family, cultural and social life (stated in Part I of the Convention). Children shall not be deprived of their liberty unlawfully or arbitrarily (Article 37). Vietnam was the first country in Asia and the second country in the world to ratify the Convention on the Rights of the Child on February 20, 1990.
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW): adopted by the United Nations General Assembly on December 18, 1979 and effective from September 3, 1981. This is an important international treaty on the protection of women's human rights. As one of the first countries in the world to join CEDAW, the representative of the Government of Vietnam signed on July 29, 1980, and the State Council ratified it on November 27, 1981. CEDAW came into effect in Vietnam on March 19, 1982. The Convention stipulates equality between men and women in civil, political, economic and cultural rights (Article 3). However, the Convention does not have provisions specifically addressing the issue of violence against women in general and domestic violence in particular. This is considered one of the biggest limitations of this Convention. The Convention Monitoring Committee (CEDAW Committee) adopted General Recommendation No. 19 in 1992, which affirmed that gender-based violence is "a form of discrimination which severely restricts the ability of women to enjoy rights and freedoms on an equal basis with men". The general comment also stated that gender-based violence includes domestic violence.
- United Nations Principles on Older Persons, 1991 : The United Nations General Assembly adopted Resolution 46/91 on “Ethical Principles for Older Persons” as the basis for developing all international and national action programs, which affirmed: “ Older persons should be treated fairly regardless of age, sex, racial or ethnic origin, disability or other status, and their independent economic contribution should be respected.”
In addition to the above mentioned international conventions and treaties, many United Nations conferences have adopted documents (declarations, declarations, etc.) which contain provisions directly or related to the prevention and control of gender-based violence and domestic violence. Although these documents are not legally binding on countries, they demonstrate the unity of views and attitudes of the international community and thereby have the effect of promoting the actions of the international community in the fight against domestic violence. Among these documents, the following documents are of important significance:
- Report adopted at the World Conference of the United Nations Decade for Women: Equality, Development and Peace held in 1982 in Copenhagen (Denmark). The conference recognized that there was a gap between the rights guaranteed to women and the ability to exercise these rights. Three areas required measures for equality, development and peace: Equal access to education; Equal access to employment opportunities; Equal access to adequate health care services. The final report of the conference stated that "a review and assessment of the progress made over the past five years shows that the mainstreaming of women in development has been officially accepted by most Governments as a desirable planning objective. Many countries have made significant efforts, a number of activities, measures and established institutional and administrative mechanisms for the integration of women in development."^[3]
- The final report adopted at the Third World Conference on Women in Nairobi (Kenya) acknowledged that gender equality is not a single issue but covers all areas of human activity. Women need to participate in all areas, not just those related to gender.^[4]
- The Vienna Declaration and Programme of Action adopted at the Second World Conference on Human Rights, held in Vienna (Austria) in June 1993, stated: “Gender-based violence and all forms of sexual harassment and exploitation, including those rooted in cultural prejudice and international trafficking, are contrary to human dignity and worth and must be eliminated. This can be achieved through legal measures, national actions and international cooperation in the fields of economic and social development, education, safe motherhood, health care and social assistance. Women's rights must be considered an integral part of the United Nations' human rights activities, including the promotion of the implementation of all international human rights instruments relevant to women”.
- The Beijing Declaration and Platform for Action at the Fourth World Conference on Women held in Beijing (China) in 1995 recognized gender mainstreaming as a global strategy to promote gender equality. It is an agenda for action with the aim of removing all obstacles to women's active participation in all areas of public and private life. It includes gender mainstreaming in women's education and training; the economy; power and decision-making; institutional mechanisms that benefit women; human rights and the environment.
- The United Nations Declaration on the Elimination of Violence against Women was adopted under Resolution No. 48/104 dated December 20, 1993 of the United Nations General Assembly. This is a document issued by the United Nations. The Declaration has a worldwide impact, meaning a declaration of general principles of the international community on opposing, preventing, combating and stopping violence against women. This is also the first official document of the United Nations specifically and solely addressing the issue of violence against women. Regarding the prevention and control of domestic violence, the Declaration states: “- Women have the right to equal enjoyment and protection of all human rights, including the right to life, equality, liberty, personal security, the right to equal protection before the law and the right not to be tortured or treated, punished in a cruel, inhuman or degrading manner”.
- Model Law on Domestic Violence (Model Legislation on Domestic Violence, February 1996) of the United Nations : Based on the recommendations of the Model Law, countries can develop domestic violence laws and adjust them to suit the economic, political and social situation in the host country. For example, the Model Law encourages countries to define the scope of relationships that give rise to domestic violence as broadly as possible, including: wives, live-in mistresses; ex-wives or ex-lovers; girlfriends (including those who do not live together); female relatives (such as sisters, daughters, mothers) and female domestic workers.
- The United Nations Agenda for Sustainable Development Goals by 2030 (SDGs) has 17 general goals and 115 specific goals; of which, goal number 5 is on equality between men and women, minimizing all forms of violence against women and girls, creating the most favorable conditions for everyone in society to have opportunities and conditions for development in a fair environment.
Some rights of victims of domestic violence under international conventions

Right to life	This right is stated in Article 8 of the Universal Declaration of Human Rights (UDHR), Article 6 of the International Covenant on Civil and Political Rights (ICCPR) and in many other international treaties on human rights. According to these documents, everyone has the right to life. This right is protected by law, no one can be arbitrarily deprived of life. The right to life provision in international human rights law provides a legal basis for the fight to prevent and eliminate the worst forms of domestic violence.
The right to inviolability of body, honor and dignity	This right is stated in Articles 5, 9, 12 of UDHR, Articles 7, 17 of ICCPR and a number of other international treaties on human rights. According to the spirit of these articles, the body, honor and dignity of an individual are inviolable. No one is allowed to arbitrarily harm the body, honor and dignity of another person.
Right to equal protection before the law	This right is provided for in Article 7 of the UDHR, Articles 14 and 16 of the ICCPR and several other international human rights treaties. According to these provisions, everyone, regardless of gender, age, etc., has equal status before the law and is entitled to equal protection of the law.
The right to equality without discrimination	This right is provided for in Articles 1 and 2 of the UDHR; Article 3 of the ICCPR and several other treaties. In the context of domestic violence, this right is mainly referred to as equality between men and women. In that sense, this right becomes the basis for preventing and combating domestic violence, because domestic violence is fundamentally caused by inequality between women and men.

 

Section 2. Vietnam's regulations on people with disabilities, ethnic minorities and victims of domestic violence

1. Some legal documents on human rights, access to justice and the right to legal aid of people with disabilities

- Constitution: Along with participating in international conventions related to people with disabilities, our State's concern for people with disabilities is also specifically expressed in domestic law, first of all by internalizing the Constitution - the basic law of Vietnam. The Constitutions of 1946, 1959, 1980, 1992 and especially the 2013 Constitution affirm that "The State creates equal opportunities for citizens to enjoy social welfare, develops the social security system, has policies to support the elderly, people with disabilities , the poor and people in other difficult circumstances" and "The State prioritizes the development of education in mountainous areas, islands, ethnic minority areas and areas with particularly difficult socio-economic conditions; prioritizes the use and development of talents; creates conditions for people with disabilities and the poor to study culture and learn a trade."
- Law on Persons with Disabilities:
The Law on Persons with Disabilities stipulates prohibited acts in the treatment of persons with disabilities: Discrimination against persons with disabilities; Violating the body, dignity, honor, property, rights and legitimate interests of persons with disabilities; Enticing, enticing or forcing persons with disabilities to commit acts that violate the law or social ethics; Taking advantage of persons with disabilities, organizations of persons with disabilities, organizations for persons with disabilities, images, personal information, and status of persons with disabilities for personal gain or to commit acts that violate the law; Not fully performing the responsibility of raising and caring for persons with disabilities as prescribed; Obstructing the right to marriage and the right to raise children of persons with disabilities; Deception in determining the level of disability. Persons with disabilities are guaranteed the following rights:
a) Participate equally in social activities;
b) Live independently and integrate into the community;
c) Exemption or reduction of certain contributions to social activities;
d) Receive health care, rehabilitation, cultural education, vocational training, employment, legal aid, access to public works, means of transport, information technology, cultural services, sports, tourism and other services appropriate to the type and level of disability;
d) Other rights as prescribed by law
- Codes of Procedure:
All procedural codes have provisions to ensure the rights of people with disabilities. The Codes, procedural laws and the Law on temporary detention and temporary imprisonment 2015 also stipulate provisions to ensure the right to legal aid . For example, Clause 1, Article 76 of the Criminal Procedure Code stipulates that "In case the accused has a physical disability and cannot defend himself/herself; a person has a mental disability or is under 18 years of age" in case the accused, their representative or relative does not invite a defense attorney, the competent authority conducting the proceedings must appoint a defense attorney for them. The agency conducting the proceedings must request or propose the State Legal Aid Center to send a Legal Aid Officer or a defense attorney for a person eligible for legal aid who is a disabled person with financial difficulties if they fall into the cases specified in Clause 1, Article 76 of the Criminal Procedure Code.
- Legal Aid Law:
According to the provisions of Point d, Clause 7, Article 7 of the Law on Legal Aid, people with disabilities who have financial difficulties are eligible for legal aid. In addition, people with disabilities who have contributed to the revolution, ethnic minorities residing in areas with particularly difficult socio-economic conditions, the poor, children and other subjects as prescribed in Article 7 of the Law on Legal Aid are also eligible for legal aid.
Based on the provisions of the Law, many guiding documents were issued such as:
- Decision No. 1190/QD-TTg dated August 5, 2020 approving the Program to support people with disabilities for the period 2021-2030 (previously, the Prime Minister issued Decision No. 1019/QD-TTg approving the Project to support people with disabilities for the period 2012-2020)
Decision No. 1190/QD-TTg The general objective is to promote the implementation of the United Nations Convention on the Rights of Persons with Disabilities and the Law on Persons with Disabilities to improve the quality of life of persons with disabilities; create conditions for persons with disabilities to participate equally in social activities; build a barrier-free environment to ensure the legitimate rights of persons with disabilities and support persons with disabilities to develop their abilities. In particular, the objective of legal assistance is 80% of people with disabilities with financial difficulties are provided with free legal services in accordance with the law on legal aid when needed in the period 2021 - 2025; and 100% of people with disabilities with financial difficulties are provided with free legal services in accordance with the law on legal aid when needed in the period 2026 - 2030.
- Decision No. 1100/QD-TTg dated June 21, 2016 of the Prime Minister Approval of the Plan for Implementation of the United Nations Convention on the Rights of Persons with Disabilities
On the basis of the United Nations Convention on the Rights of Persons with Disabilities, the Prime Minister issued Decision No. 1100/QD-TTg dated June 21, 2016 approving Plan to implement the United Nations Convention on the Rights of Persons with Disabilities, in which the content on legal aid includes 04 contents: (i) Communication on legal aid for persons with disabilities through appropriate activities; (ii) Developing programs, documents and organizing training, fostering knowledge and skills on legal aid for persons with disabilities for staff implementing legal aid; (iii) Researching international commitments and experiences of other countries on legal aid for persons with disabilities in Vietnam; (iv) Implementing legal aid for persons with disabilities integrated with regular legal aid activities at the local level.
To implement Decision No. 1019/QD-TTg and Decision No. 1100/QD-TTg, every year, the Minister of Justice issues a Plan to implement the legal aid policy for people with disabilities. Based on the Plan of the Ministry of Justice, every year, the Department of Justice advises the Provincial People's Committee to issue a plan to implement the legal aid policy for people with disabilities in their locality. - Decision No. 753/QD-TTg dated June 3, 2020 of the Prime Minister promulgating the Plan to organize the implementation of Directive No. 39-CT/TW dated November 1, 2019 of the Secretariat of the 12th Party Central Committee on strengthening the Party's leadership over work for people with disabilities.
The purpose of the Plan is to organize research, thoroughly understand and seriously and effectively implement Directive No. 39-CT/TW, creating a clear change in awareness, responsibility and action of sectors, levels and classes of people regarding work for people with disabilities.
The tasks and solutions set out in the Plan are: Strengthening information, propaganda and dissemination of policies and laws on people with disabilities; improving the effectiveness and efficiency of state management in implementing policies and laws on people with disabilities; promoting the role and responsibility of the Vietnam Fatherland Front, socio-political organizations and social organizations towards organizations of people with disabilities; improving the quality and efficiency of operations of organizations of people with disabilities; carrying out inspection, supervision and reward work; ...
          Below are some basic rights of people with disabilities according to the CRPD Convention and legal documents that Vietnam has internalized the provisions of the CRPD Convention:

Rights of Persons with Disabilities under the CRPD Convention		Vietnam's security measures
Thing	Human rights of people with disabilities	Constitution	Other documents	Law on Persons with Disabilities
5 & 12	Equality and non-discrimination	Article 15	Article 5 of the Civil Code; Article 1 of the 2008 Nationality Law; Article 9 of the 2015 Civil Procedure Law; Article 8 of the 2015 Civil Procedure Law	Article 4 of the Law on Persons with Disabilities
10	Right to life	Article 19	Article 33 of the 2015 Civil Code; Articles 123 to 156 of the 2015 Penal Code stipulate crimes against life, health...	Clause 7, Article 2 of the Law on Persons with Disabilities
13	Access to the justice system		Clause 1, Article 76 of the 2015 Criminal Procedure Code. Law on Legal Aid 2017
16	The right to freedom from exploitation, violence and abuse	Article 37	Children's Law	Clause 2, Article 14 of the Law on Persons with Disabilities
17	Right to protection of personal integrity			Article 26 of the Law on Persons with Disabilities
18	Freedom of movement and nationality	Article 22,23	Article 31 of the Civil Code, Article 3 of the 2020 Law on Residence
19	The right to live independently and be part of the community			Clause 5, Article 5 and Clause 1, Article 4 of the Law on Persons with Disabilities
21	Freedom of expression, opinion and access to information	Article 25	Press Law, Law on Access to Information	Article 43 of the Law on Persons with Disabilities
22	Right to privacy	Article 21	Article 38 of the Civil Code on the right to personal life, personal secrets, family secrets	Clause 3, Article 7; Clause 2, Article 8; Clause 6, Article 14
23	The right to respect the family home	Article 21	Clause 4, Article 2 of the Law on Marriage and Family 2014	Article 8 of the Law on Persons with Disabilities
24	Right to education		Joint Circular No. 42/2013/TTLT-BGDĐT-BLĐTBXH-BTC dated December 31, 2013 on regulations on education policies for people with disabilities	Chapter IV Law on Persons with Disabilities
25	Right to health care		Law on Social Insurance 2014, Law on Health Insurance 2008 (amended and supplemented in 2014), Law on Employment 2013	From Article 21 to Article 26 of the Law on Persons with Disabilities.
27	The right to work and employment	Article 61	Law on Vocational Training 2006
28	The right to an adequate standard of living and social security	Article 15; Clause 2, Article 59	Decree No. 28/2012/ND-CP guiding the implementation of the Law on Persons with Disabilities; Circular No. 01/2019/TT-BLDTBXH determining the level of disability; Decree No. 136/2013/ND-CP regulating social assistance policies for social protection beneficiaries	Articles 44, 45, 46, 47 of the Law on Persons with Disabilities;
29	The right to participate in political and community life	Articles 27, 28 and 29	Law on election of National Assembly deputies, law on election of People's Council deputies	Article 4 of the Law on Persons with Disabilities
30	The right to participate in cultural life, entertainment, recreation and sports	Clause 2, Article 16; Clause 3, Article 61		Point d, Clause 1, Article 4 of the Law on Persons with Disabilities

2. Some legal documents on human rights, access to justice and legal aid rights of ethnic minorities

Ethnic policy is one of the Constitutional principles, stipulated in the 2013 Constitution: “All ethnic groups are equal, united, respect and help each other to develop; all acts of ethnic discrimination and division are strictly prohibited. The national language is Vietnamese. All ethnic groups have the right to use their own language and writing, preserve their national identity, promote their fine customs, traditions and culture. The State implements a comprehensive development policy and creates conditions for ethnic minorities to promote their internal strength and develop together with the country ^[5]; “Citizens have the right to identify their ethnicity, use their mother tongue, and choose their language of communication” ^[6]; “The State and society invest in developing the cause of protecting and caring for the people's health, implementing universal health insurance, and having a policy of prioritizing health care for ethnic minorities, people in mountainous areas, islands and areas with especially difficult socio-economic conditions...” ^[7]; “The State prioritizes development Education in mountainous areas, islands, ethnic minority areas and areas with especially difficult socio-economic conditions...." ^[8].
          For women in general, including ethnic minority women, the 2013 Constitution stipulates: “Male and female citizens are equal in all aspects. The State has policies to ensure gender equality rights and opportunities. The State, society and family create conditions for women to develop comprehensively and promote their role in society. Gender discrimination is strictly prohibited” (Article 26).
          In recent years, along with the consistent implementation of equality and national solidarity, the State has issued many important policies and guidelines to improve the material and spiritual life of the Vietnamese ethnic community, especially ethnic minorities. On January 14, 2011, the Government issued Decree No. 05/2011/ND-CP on ethnic affairs, which stipulates policies for ethnic minorities. On October 10, 2024, the Government issued Decree No. 127/2024/ND-CP amending and supplementing a number of articles of Decree No. 05/2011/ND-CP dated January 14, 2011 of the Government on ethnic affairs.
          Some legal documents on human rights, access to justice and the right to legal aid of ethnic minorities, including ethnic minority women, are as follows:
          The 2015 Criminal Procedure Code, the 2015 Civil Procedure Code, and the 2015 Administrative Procedure Law all stipulate the principle that everyone is equal before the law, regardless of ethnicity, gender, belief, religion, social class and status. Anyone who commits a crime will be prosecuted according to the law ^[9]; the prosecuting agency and the prosecutor must keep state secrets and work secrets according to regulations; preserve the nation's fine customs and traditions , protect minors, keep professional secrets, business secrets, personal secrets, and family secrets of the litigants according to their legitimate requests ^[10]; Litigants have the right to use their own language and writing ; in this case, an interpreter must be present ^[11].
          In addition, ethnic minorities in general and ethnic minority women in particular also enjoy preferential policies in areas such as: in the field of health, ethnic minorities living in areas with difficult socio-economic conditions are covered by health insurance by the state ^[12]. Ethnic minorities who are unable to use Vietnamese, people with language disabilities when examining and treating patients "must register for medical examination and treatment and request language with the medical examination and treatment facility so that the medical examination and treatment facility can arrange a practitioner or interpreter who can use the language that the patient uses. In case the medical examination and treatment facility cannot arrange, the patient must arrange an interpreter himself and be responsible for the content of the interpretation". In case at the time of emergency, the medical examination and treatment facility does not have a practitioner who can speak the patient's language or does not have an interpreter but only has staff who can speak the patient's language, that staff may be used to assist in the medical examination and treatment. The staff performing the interpretation shall not be responsible for the results of the interpretation.^[13]
In the field of education, the Law on Education stipulates: The State encourages and creates conditions for ethnic minorities to learn their own language and writing according to the Government's regulations. Learning is the right and obligation of citizens. All citizens, regardless of ethnicity, religion, belief, gender, personal characteristics, family background, social status, and economic circumstances, have equal opportunities to learn. ^[14]Therefore, ethnic minorities, including women, have the right to create conditions and equal opportunities to learn.
          Legal aid is one of the preferential policies of the State for people eligible for legal aid, including ethnic minorities residing in areas with particularly difficult socio-economic conditions . The 2017 Law on Legal Aid stipulates that ethnic minorities residing in areas with particularly difficult socio-economic conditions are eligible for legal aid ^[15]. In addition, ethnic minorities who have contributed to the revolution, the poor, children and other subjects as prescribed in Article 7 of the Law on Legal Aid are also eligible for legal aid. In order to strengthen legal aid for ethnic minorities, the Ministry of Justice and the Committee for Ethnic Minorities have jointly issued Joint Circular No. 01/2012/TTLT-BTP-UBDT dated January 17, 2012 guiding the implementation of legal aid for ethnic minorities.
The Prime Minister approved the National Target Program on Socio-Economic Development in Ethnic Minority and Mountainous Areas for the 2021-2030 period, Phase I: from 2021 to 2025 (approved with Decision No. 1719/QD-TTg dated October 14, 2021). Accordingly, in content No. 3, sub-project 1 of Project 10 of the Program stipulates the content "Strengthening and improving the ability to access and enjoy quality legal aid activities for ethnic minority and mountainous areas".
3. Some legal documents on human rights, access to justice and the right to legal aid of victims of domestic violence
A strict legal system plays a very important role in protecting and supporting victims of domestic violence, as well as preventing and combating domestic violence. The law is also the legal basis for authorities, organizations, communities and individuals in coordinating and implementing domestic violence prevention and control: from reporting and handling reports of domestic violence to measures to protect and support victims, handle violations, and criminally prosecute subjects with domestic violence behaviors, etc.
(i) 2013 Constitution
Domestic violence is an act that violates the law, infringing on the health, life, dignity, and economy of family members. Meanwhile, the right to physical inviolability of citizens is one of the most important human rights, related to the right to life. The 2013 Constitution stipulates that citizens have the right to physical inviolability and the right to residence inviolability. The right to physical inviolability of citizens is understood to mean that no one has the right to infringe on the health, honor, or dignity of others. In addition, men and women have equal rights before the law. Gender discrimination is strictly prohibited.
(ii) Law on Gender Equality: stipulates principles, measures and responsibilities of agencies, organizations and families in ensuring gender equality in all areas of social and family life. Husband and wife have equal rights and obligations in owning common property and using common income in the family, each person has the responsibility to share household chores. At the same time, clearly stipulates prohibited acts, obstructing and discriminating against gender equality ^[16]. All acts violating the law on gender equality must be detected and prevented promptly. Handling of violations of the law on gender equality must be carried out promptly, fairly and thoroughly.
(iii) Law on Domestic Violence Prevention and Control: clearly defines what domestic violence is, acts of domestic violence, principles of domestic violence prevention and control, State policies on domestic violence prevention and control, rights and responsibilities of victims of violence, responsibilities of people involved in domestic violence, regulations on domestic violence prevention; responsibility to detect, prevent and promptly handle acts of domestic violence according to regulations; protect, help and support victims in a timely manner in accordance with their circumstances and the country's socio-economic conditions; prioritize the protection of the rights and legitimate interests of children, the elderly, the disabled and women. ^[17]Victims have the right to request protection of their health, life, dignity, rights and other legitimate interests; request the application of measures to prevent, protect and prohibit contact; be provided with medical services, psychological and legal counseling; be arranged a temporary shelter, and have their temporary shelter and other information kept confidential.
Regarding the responsibility to protect and support victims of domestic violence: People who discover domestic violence must promptly report it to the nearest police agency or the People's Committee of the commune or the head of the residential community where the violence occurs. When discovering or receiving reports of domestic violence, these agencies are responsible for promptly handling or recommending and requesting competent agencies and individuals to handle it; keeping personal information confidential and, if necessary, applying measures to protect the person who discovers or reports domestic violence.
Preventive and protective measures are applied promptly to protect victims of domestic violence, stop acts of violence, and minimize the consequences caused by acts of violence such as: forcing immediate cessation of acts of domestic violence; providing first aid to victims; preventive measures according to the provisions of the law on handling administrative violations or the law on criminal proceedings against people who commit acts of domestic violence; prohibiting people who commit acts of domestic violence from approaching the victim; using the phone or other means of communication to commit acts of violence against the victim; prohibiting contact; using shelters or trusted addresses in the community, medical examination and treatment facilities, etc.
(iv) Law on Prevention and Control of Human Trafficking: regulates the prevention, detection and handling of human trafficking and other violations of the law on prevention and control of human trafficking; mechanisms for receiving, verifying, protecting and supporting victims and their relatives; ^[18]responsibilities of the Government, agencies, organizations and individuals in preventing and controlling human trafficking.
(v) The 2015 Criminal Procedure Code and the 2015 Criminal Procedure Code both have provisions on procedural matters related to the protection of the rights and legitimate interests of vulnerable groups, especially children and people under 18 years of age. Article 33 of the 2015 Civil Code stipulates the right to safety of life, health and body. The 2015 Penal Code, amended in 2017 , specifically regulates acts of bodily harm and prescribes appropriate sanctions corresponding to each such violation. Article 10 of the 2015 Criminal Procedure Code on ensuring the right to inviolability of the body.
(vi) The Law on Children has internalized the Convention on the Rights of the Child into 25 groups of children's rights such as: the right to life; the right to be protected from violence, sexual abuse, abandonment, neglect; the right to not be exploited for labor, not to be bought, sold, kidnapped, swapped, or appropriated; the right to develop, to be respected, listened to, and to be protected in litigation and handling of administrative violations...
(vii) Law on Legal Aid 2017 : According to the provisions of Point e, Clause 7, Article 7 of the Law on Legal Aid, victims of domestic violence who have financial difficulties are entitled to legal aid. In addition, victims of domestic violence who are ethnic minorities residing in areas with particularly difficult socio-economic conditions, people with meritorious services to the revolution, the poor, children and other subjects as prescribed in Article 7 of the Law on Legal Aid are also entitled to legal aid.
In general, current legal regulations have created an important legal basis for the prevention and control of domestic violence; recognizing the rights and mechanisms to support and protect victims of domestic violence.