Internationally, freedom of movement was enshrined for the first time in Article 13 of the 1948 Universal Declaration of Human Rights. According to this, everyone has “the right to move freely within a state and to freely choose their place of residence. Everyone has the right to leave any country, including his own, and return to his country. ”
The free movement of people is important because it creates preconditions for everyone to exercise the civil, political, economic and social rights of states. The freedom of movement of every person is a condition for promoting the social and economic development of any country. Free movement is an important part of cooperation between countries. Because the exchange of visits and information help the people with different cultures to understand each other.
The inappropriate restriction on freedom of movement not only harms human rights, but also the development of society. That is why freedom of movement was enshrined and guaranteed in the constitution and laws of many countries very early on. In Vietnam, freedom of movement is enshrined as a fundamental and human right in Article 23 of the 2013 Constitution: Citizens have the right to move freely within the country and freely choose their whereabouts, and they have the right to leave and return . This content is similar to the document on human rights under international law. Rules for the movement and residence of Vietnamese and foreigners in Vietnam are also precisely defined in the Civil Code, the Citizenship Act, the Investment Act, the Residence Act and numerous legal provisions. The government has also signed 78 bilateral agreements and arrangements with other countries to visa waiver for their citizens and to allow citizens on all sides to move freely across borders.
During the Covid-19 epidemic, despite difficulties, the party and state of Vietnam went to great lengths to ensure international obligations for the free movement of residents. When the Covid-19 pandemic was not yet under control, the prime minister's decision on social distancing across the country was necessary. It complied with international law and Vietnamese law and guaranteed the free movement of residents, just as it is in Article 12 of the International Covenant on Civil and Political Rights of 1966. According to this, freedom of movement can be restricted in order to protect national security, public order, social health and morality or the freedom of others. This also corresponds to Paragraph 2 Article 14 of the Vietnamese Constitution 2013.
When community health was threatened by the Covid-19 pandemic, the prime minister's decision on social distancing was necessary. She was supported by the population. The successful social distancing has helped Vietnam bring the pandemic under control.
However, the party and the state strictly controlled entry and exit during the epidemic. From March 17th, Vietnam stopped issuing visas to foreigners for 30 days. This corresponded to Article 12 of the International Covenant on Civil and Political Rights of 1966 which states that entry permits are dependent on the rights of the respective country. This also corresponded to the Vietnamese rights, because freedom of movement is not an absolute right and can be restricted in urgent situations, namely for national defense, national security, social security and morality as well as community health.
During the pandemic, the Vietnamese state party and state operated return flights for nearly 50000 Vietnamese citizens from 48 countries.
Since the Covid-19 epidemic has been substantially under control from September 15 commercial flights from Vietnam to some Asian countries have been restored and certain passengers have been allowed to enter.
The party and the state will continue to guarantee the fundamental rights of citizens, including free movement, which is in line with Vietnamese and international law.
Thu Hoa
