Viet Nam’s Universal Periodic Review under the Second Cycle
4. In its State Report before its previous UPR in 2014, Viet Nam outlined that it was
considering accession to “UN Convention on Statelessness”.4
5. Ethiopia and Mexico noted Viet Nam’s birth registration campaign and Ethiopia
specifically referenced Viet Nam’s progress in reducing statelessness.5
6. Viet Nam received no recommendations regarding the need to address statelessness and
uphold the right to a nationality in Viet Nam.6
Viet Nam’s International Obligations
7. Viet Nam as a member States of the United Nations is obliged by the UN Charter to
promote “universal respect for, and observance of, human rights and fundamental
freedoms for all without distinction as to race, sex, language, or religion”.7 These human
rights and fundamental freedoms are specified in the Universal Declaration of Human
Rights (UDHR), many of which are also recognised as principles of customary international
law.8
8. Viet Nam has also acceded to most of the core human rights instruments.9 Of the treaties
ratified, many guarantee the universal right to a nationality without discrimination. This
includes the International Covenant on Civil and Political Rights (“ICCPR”) (Article 24), the
Convention on the Rights of the Child (“CRC”) (Articles 7 and 8), the Convention on the
Elimination of All Forms of Discrimination against Women (“CEDAW”) (Article 9), and the
International Convention on the Elimination of All Forms of Racial Discrimination (“CERD”)
(Article 5). Of particular significance is Article 7 of the CRC, which enshrines every child’s
right to be registered immediately after a birth and to acquire a nationality and protects
all children from statelessness. Similarly, in relation to the right to a nationality, CERD
provides that ‘’States Parties undertake to prohibit and to eliminate racial discrimination
in all its forms and to guarantee the right of everyone, without distinction as to race,
colour, or national or ethnic origin, to equality before the law’’.
4
National Report Submitted in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21: Viet
Nam, UN GAOR, 18th sess, UN Doc A/HRC/WG.6/18/VNM/1 (8 November 2013) para 19.
5
Report of the Working Group on the Universal Periodic Review: Viet Nam, UN GAOR, 26th sess, Agenda Item 6, UN Doc
A/HRC/26/6 (2 April 2014) paras 97 and 143.214.
6
Ibid.
7
Charter of the United Nations, art 55(c). According to Article 56 of the Charter, it is the obligation of all member states of
the UN to take “joint and separate action in cooperation with the Organization for the achievement of the purposes set
forth in Article 55”.
8
‘Draft Articles on Diplomatic Protection with commentaries’ (2006) II(2) Yearbook of the International Law Commission
49.
9
OHCHR, The Core International Human Rights Instruments and their monitoring bodies
<https://www.ohchr.org/EN/ProfessionalInterest/Pages/CoreInstruments.aspx>.
3