Article 17 of the 2013 Constitution states: "Vietnamese citizens living abroad are protected by the State of the Socialist Republic of Vietnam".
Along with the trend of integration, the number of Vietnamese citizens going abroad is increasing in number and composition.
Along with the trend of integration, the number of Vietnamese citizens going abroad is increasing in number and composition, such as: overseas students, overseas trainees, overseas workers, travellers, going abroad for business purposes, for marrying foreigners,...
According to the State Committee for Overseas Vietnamese Affair, there are about 4.5 million Vietnamese residing in other countries and territories. Each year, more than 100,000 Vietnamese citizens work abroad under contracts (in the first 11 months of 2019, there were 13,802 Vietnamese employees working in various forms in more than 40 countries and territories and tens of thousands of people marrying with foreigners).
According to the criteria of the International Organization for Migration (IMO), overseas Vietnamese also basically include: international labor migration under definite-term contracts; academic migration; migration due to marriage with foreigners or those with foreign nationality; migration because of adoption; migration through human trafficking (illegal).
From a legal perspective, the protection of citizens is provided when the legal rights and interests of Vietnamese citizens abroad are violated. The responsibility to protect citizens also includes support activities in all aspects that the State provides for Vietnamese citizens abroad, including public services such as issuing passports, administrative documents for citizens; supportive activities such as financial assistance for citizens when they encounter difficulties, helping citizens in transferring information, preserving papers and assets ...; consular visits when Vietnamese citizens are arrested, detained, taking necessary measures to protect their legitimate rights and interests on the basis of compliance with the provisions of the laws of host countries or international laws.
Protecting the legal rights and interests of Vietnamese citizens abroad in general and of Vietnamese workers abroad in particular is one of the top goals of the management of migration.
The Government of Vietnam has a consistent policy of promoting legal migration, combating illegal migration, and facilitating internal and international migration in accordance with the law of Vietnam and the law of the host countries.
Article 17 of the 2013 Constitution states: "Vietnamese citizens living abroad are protected by the State of the Socialist Republic of Vietnam". In addition, Vietnam has also issued a system of legal documents governing social relations related to the migration of Vietnamese citizens abroad. Currently, Vietnam has about 53 laws and by-law documents related to migration.
The Politburo's Resolution No. 36-NQ/TW dated March 26, 2004 on the overseas Vietnamese affairs also emphasizes: The protection of the legal rights and interests of Vietnamese citizens and legal entities abroad is essential, demonstrating the responsibility of the State to citizens, contributing to improving the political position and reputation of the Vietnamese State to the world as well as in the eyes of Vietnamese people abroad, contributing to encourage the contributions of overseas Vietnamese in the cause of national construction and defense.
The protection of the rights and interests of Vietnamese legal entities and citizens abroad is prescribed in most important legal documents of the State of the Socialist Republic of Vietnam, such as the 2013 Constitution (Article 17, Clause 3), the Law on Vietnamese Nationality 2008 (Article 5); The Law on Representative Offices of the Socialist Republic of Vietnam Abroad dated June 18, 2009 (Articles 8 and 9), Decision No. 119/QD-TTg dated July 25, 2007 of the Prime Minister on setting up the Fund for Protection of Vietnamese Citizens and Legal Entities Abroad with VND20 billion spent for the initial activities of this work and the Directive No. 1737/CT-TTg on strengthening the protection of rights and the legitimate interests of Vietnamese citizens abroad in the current situation (which specifies the specific tasks of the concerned ministries, branches and local People's Committees in the protection of the rights and legitimate interests of Vietnamese citizens during their migration process).
In today's fast-changing, unpredictable world, the diversity shown in each case relates to each different situation and object and different needs and in each case, a different package of solutions is needed. If making good use of the opportunities created from the new situation, the protection of citizens will bring more successes in the task of protecting the rights and interests of Vietnamese citizens abroad, effectively supporting Vietnamese citizens when they face difficulties. It is also the primary objective of migration management in the new situation.
Compiled by Thu Uyen