The right to education in Vietnam nowadays

n in Vietnam nowadays; Studies in foreign countries have not yet paid attention to comprehensively assess the RTE mechanism of countries (mechanisms and institutions); most focus on assessing the principle of equal access to RTE enjoyment ; on solutions to strengthening goverment responsibility, socialization of education . Third, the proposed perspectives and solutions: Most studies suggest perspective and propose solutions for improvement of policies on Education 8 and Training; some propose perspectives and solutions but only applicable to ensuring the implementation of RTE within the scope of the group; there is no synchronous viewpoint and solution to ensure the implementation of RTE for everyone; There are not many recommendations on improving mechanism, institutions, and enhancing the responsibility for effective operation of institutions to ensure the implementation of RTE in Vietnam nowadays. 1.3. Issues that need to be solved in the dissertation The dissertation is the first direct, comprehensive and in-depth research on RTE in Vietnam nowadays. Therefore, the dissertation focuses on interpreting the following basic contents: First, in theory: Research the theoretical issues of RTE , in which focus on analyzing and explaining basic issues of concepts, characteristics, roles, RTE content , and legal adjustments of RTE ; Factors affecting RTE . Second, on the status assessment: Research analyzing and assessing the current situation of RTE in Vietnam nowadays: Clarifying the current situation of RTE implementation; the status of factors affecting to RTE; The achievements, limitations and causes of the limited achievements in the implementation of RTE in Vietnam nowadays. Third, on proposing perspectives and solutions: The study identifies the perspectives and proposes solutions for RTE implementation in the current integration and development context of our country. Research outputs must have more convincing arguments about related solutions mentioned by other research projects, suggest total solutions. can be strategic and feasible for the current RTE implementation in Vietnam. Chapter 2 THEORETICAL ISSUES OF THE RIGHTS OF EDUCATION 2.1. The concept, characteristics, role, content of the right to education 2.1.1. The Right to Education concept From researching related concepts: the right to education , human rights; The concept of international and Vietnamese on the right to education , the author has introduced the concept: The right to education is an objective human need recognized in international and national law, to protect by the Goverment and authorized entities to ensure equal 9 opportunities to access and enjoy the standards and quality of education of people at all levels, to improving knowledge and skills and develop each person, fostering understanding, tolerance among individuals, communities, peoples and between nations within the human community. 2.1.2. The Right to Education characteristics The right to education carries the basic characteristics of human rights; RTE carries the characteristics of a "right to empowerment”; The beneficiaries of the right to education and the right holders of education are very diverse and rich; The process of implementation the right to education is subject to a particular impact in the development stages of each region, of each country - nation. 2.1.3 . The role of the right to education First, the RTE is the most important set of rights among cultural rights, called the “ Empowerment ”. Second, the role of RTE comes from the role of education which has important implications for individuals as well as the whole society, ensuring the development of individuals and society. Third, RTE implementation is an important pillar that constitutes a sustainable development strategy in Vietnam . By education , training is the most important tool of society to build up strength for the country, investing education and training is one of the main directions of development investment; is a driving force to bring the country out of poverty . 2.1.4. The content of the rights to education First, the content of the RTE of the beneficiary of the right: i), approaching from age, there is national content of children and adults; ii), approaching from conditions, capacity to access and enjoy the rights of each person. Second, the content of the empowering entity’s RTE: i), approach from the perspective of the empowering entity's obligations. ii), from the perspective of the empowering entity: The empowering entity has a need for and is guaranteed to ensure the National Assembly according to the training level appropriate to the job position and personal conditions to raise awareness, skills, self-improvement and full capacity to fulfill the responsibility of empowerment. 2.2. Regulating the law on the right to education 10 2.2.1. The concept and perpective of regulating the law on the right to education 2.2.1.1. The concept of regulating the law on the right to education Regulating of the law on the right to education is the process in which the goverment uses the law (as a regulatory tool) to influence the relationships between the empowering entity and the beneficiary of the right in the exercise of RTE. To make those relations develop in a certain direction, in order to achieve the Goverment-set goals that everyone has the opportunity to access and enjoy the right to education. 2.2.1.2. The view to regulating the law on the rights of education: Regulating the law on RTE must aim to achieve the goal of protecting and strengthening social relationships arising in the process of ensuring RTE in accordance with the development law, meeting the common interests of the society and the need to access and enjoy RTE of all citizens. Second, the rights-based approach must be in the regulatory stages of RTE. 2.2.2. The content of regulating the law on the right to education The content of regulating the law on the RTE in Vietnam includes: i) Documentation of the national government in the law; ii) Adjusting the law on the protection of the national country; iii) Regulate the law on ensuring the implementation of RTE. The institutional system that has the function of ensuring the implementation of the RTE includes: i) The institutions that have the function of ensuring the common one; ii) Other institutions: socio-political organizations, associations with specific characteristics; media institutions, press; Besides, there are more private organizations participating in training in private schools. 2.3. Factors affecting the right to education 2.3.1. Political environment: The political environment in which the main lines and policies of the ruling party have a positive or negative impact on the process of building, perfecting the law and deciding the effectiveness of the implementation of the law on RTE. 2.3.3. Economic condition: Economic condition is the necessary physical premise for the implementation of the RTE. Therefore, strong economic development will have resources to positively impact the implementation of the RTE. In contrast, slow economic development and lack of resources will create barriers to the implementation of RTE. 11 2.3.4. The level of human rights culture: The cultural level of human rights includes the following elements: knowledge, awareness of people, behavior has a strong impact on the implementation of the RTE. Human rights culture has a close relationship with legal culture and legal awareness of citizens, customs and traditions, traditional culture should have an impact on the implementation of RTE. 2.3.5. The social environment: Social environment includes: politics, economy, culture, sports, history, education,etc ... revolving around people, who take it as a source of life, as their goal. With a good social environment, the factors constituting the environment will complement each other, living people will fully enjoy the rights: living, working, dedicating, enjoying, in which RTE holds an important position because RTE is the right to empower and vice versa. Chapter 3 CURRENT SITUATION OF THE RIGHTS TO EDUCATION IN VIETNAM NOWADAYS 3.1. The current situation of factors affecting the right to education in Vietnam nowadays 3.1.1. The political environment affects the right of education in Vietnam nowadays: First, positive impacts: i) The political orientation of the Party for building institutions and institutions to implement RTE in Vietnam. ii) Goverment officials, Party members and people strictly implement the RTE must always be placed on the top position. iii) Vietnam's political environment is stable, ensuring the smooth operation of the institutions responsible for RTE allocation. Second, negative effects : i) The socialist- oriented market mechanism in education raises many issues that need further clarification to prevent barriers to ensuring RTE. ii) The corruption of power has created barriers for people to access and enjoy RTE. 3.1.2. The degree of perfection of the legal institutions affecting the right of education in Vietnam nowadays: First, positive impacts: Vietnam has essentially internalized international standards on RTE, concretized the Vietnam Communist Party's lines and policies on RTE; RTE legislation is interested in building, amending, and supplementing in the direction of becoming more complete and comprehensive, contributing 12 to the implementation of RTE for all subjects of all ages equivalent to school levels, the training degree of the education system. Second, the negative impact is due to the limitation in perfecting the legal institutions: the institutionalization of the Party's views, undertakings and lines on "Education is the first national policy" is still slow; the law on education and training is slow to be reformed; There are still many loopholes leading to the emergence of acts of taking advantage of corruption in education and training. 3.1.3. Economic conditions, the impact to the right to education in Vietnam nowadays: First, positive impacts: Vietnam's economy has achieved many successes; people's living standards have been improved; The Goverment has conditions to set aside investment budget for RTE implementation; Prioritize the arrangement of economic opportunities to create equal opportunities, to assist vulnerable groups to access and enjoy RTE. Second, the negative impacts: Vietnam is still in the middle income group country, so the funding for education and training has not met the practical requirements; the market economy produces a material oriented midset mentality; increasing the gap between the rich and the poor, creating inequality in access to and enjoyment of RTE; lack of facilities; Investment promotion from the private sector was not synchronous and not really equal between public and private schools. 3.1.4. The level of human rights culture affects the right of education in Vietnam nowadays: First, positive impacts: The highlight in Vietnamese traditional culture is preferential for learning; The Party and Goverment are consistent with the view that “ Education is the top national policy”; Ensuring HR including RTE is both the goal and the driving force for the nation's construction and development. Therefore, there should be the spread in the whole society, from which the cultural level of human rights in Vietnam has increasingly had a new development. Second, the negative impact of the limitations on human rights culture: Some backward cultural traditions of Vietnam create barriers to opportunities to study and enjoy RTE: the thinking of preferentia for men over women; diploma mindedness; conservative thought, stagnation, etc., is the cause of arising negative status in educational administrations; limiting the poor's opportunities to access education, etc. ... 13 3.1.5. The social environment affects the right of education in Vietnam nowadays: First, positive impacts: RTE has been paid attention from a social perspective; Vietnam has developed movements to build a learning society, lifelong learning; The Vietnam Association for Study Promotion has played its role in mobilizing resources for development of study promotion, talent promotion, and building a learning society. Second, the influence of movement-based psychology, achievement disease; building a learning society that is not really based on development, the connection and linkage between formal education and continuing education is not good; There are still many shortcomings in the priority for vulnerable objects to access education for life, etc ... 3.2. The current situation of adjusting the law on educational rights in Vietnam nowadays 3.2.1. The results of recognition of the right to education in the current Vietnamese law 3.2.1.1. The constitutional process on the right to education: First, the Vietnamese Constitution has internalized international standards on the right to education, institutionalized the views of the Communist Party of Vietnam on the right to education; Second, the inheritance and development of the right to education in the Vietnamese Constitutions of 1946 to The 2013 Constitution in the direction of increasingly perfect, recognizes and respects everyone's RTE, creating a foundation for concrete RTE in legal documents, sub-law documents, in Goverment policy on RTE. 3.2.1.2. The right to education is concretized in current legal documents and sub-law documents in Vietnam: First, RTE in legal documents; Second, RTE in the bylaws: From 2014 to June 2018 only, the National Assembly and the Government issued 186 documents; The Goverment has issued many national strategies and programs to ensure that RTE and its implementation; the review, systematization of legal documents on national government also focused; The Communist Party and Goverment have a political determination to build and perfect policies and laws to create a legal basis to respect, protect, and ensure the implementation of national government in Vietnam. 3.2.2. Limitations in recognizing the right to education in the current Vietnamese law: 14 First, the law has not promptly legalized, synchronized international standards on RTE, and has not promptly institutionalized the Party's views and policy lines on RTE. Second, the law on RTE is slow to reform, there is still confusion in the implementation of institutionalization of education reform policy. Third, although Vietnam's legal framework on RTE has been gradually being completed, it still has not ensured consistency and uniformity. Fourth, the regulations on ensuring equal opportunities in accessing and enjoying RTE of vulnerable groups are still inadequate. Fifth, regulations on sanctions for violations of the law on RTE are insufficient and inconsistent; 3.3. Outcomes and limitations in implementing the right to education of institutions 3.3.1. Results of the implementation of responsibility in implementing the right to education of institutions 3.3.1.1. Overview of the institutions responsible for the empowerment of the right to education in Vietnam nowadays: First, the implementation of RTE in Vietnam is influenced by the global and regional institutions developed by the international community that ensure the implementation of RTE at multiple levels. Second, Vietnam has organizations with general functions to ensure RTE: i) the Communist Party of Vietnam; ii) State, which include: National Assembly (legislature); President; Government (law enforcement authorities); Judicial agencies (Courts, Procuracies, agencies with legal aid functions); Local government. Other institutions (social institutions): i) Socio-political organization; ii) Specific social organizations; iii) Socio-professional organizations; iv) Press and media organizations; Besides, there are private organizations participating in training at private schools. 3.3.1.2. Implementing the responsibility of giving RTE of institutions in Vietnam today: Implementing the responsibility of giving the RTE of institutions that have a common guarantee function: First, the leadership of the Communist Party of Vietnam with exercising the right to education; Second, exercise the responsibility of giving the educational power of goverment institutions. Fulfill the responsibility of empowering the RTE in the operation of other institutions: i) Social institutions; ii) 15 Socio-political organizations iii) Socio-professional organizations; iv) Media and media institutions; v) Social organizations; vi) Private institutions participating in training in private schools at all training levels. 3.3.2. Limitations in performing the responsibilities given the right to education of institutions 3.3.2.1. Limitations in the implementation of the responsibility to grant RTE of the institutions that have a common guarantee function: First, the limitation in implementing the responsibility of the Communist Party of Vietnam to grant RTE; Second, implementing the responsibility of giving RTE of the Goverment’s institutions. 3.3.2.2. Limitations in contributing to the empowerment of other institutions (social institutions): The activities of social institutions to grant RTE in Vietnam still faced many barriers, so the contribution of these institutions is not commensurate with their positions and roles. 3.4. An overview of the exercise of the right to education in Vietnam nowadays 3.4.1 . Basic achievements in exercising the right to education First, Vietnam has made many achievements in recognizing the right to education in the law: attaching importance to recognizing RTE in the law to ensure the direction of increasingly harmonizing Vietnamese law with international law on RTE with political, economic, cultural and social conditions, ensuring feasibility. Our Party and Goverment have paid attention to socio-economic development, ensuring availability, accessibility, acceptable, and adaptable criteria; Attempts have been made to implement RTEs for all subjects of all ages and training levels. Second, Vietnam has made many achievements in the implementation of the responsibility of empowering institutions: empowering actors (common guaranteed institutions, other institutions). Judicial agencies have made great efforts in the process of investigating, prosecuting and strictly judging crimes against the law on RTE, with the consent of the public and the people. 3.4.2. Limitations in exercising the right to education First, recognizing the RTE in the law still has many limitations: Internal legalization of international standards on RTE , concretizing the Party's views, lines and policies on RTE are not sufficient and timely; the 16 legal basis for educational socialization, empowerment of training institutions, equality between the public and private education system has not been completed; lack of regulations guaranteeing academic freedom in education; lack of sanctions to handle the RTE violations, perfect the law on HR protection , including RTE in the context of the impact of the fourth industrial revolution; etc ... Second, the limitation in exercising the responsibility to empower the RTE of institutions: i) The awareness of some subjects responsible for giving the right to education (institutions that guarantee the right to education ) is still limited; ii) A number of actors fulfill their responsibilities given RTE is not really effective ; iii) The inequality in opportunities to enjoy RTE for everyone has not been overcome ; iv) The goverment has not yet overcome the lack of resources to exercise the RTE in Vietnam (not timely availability and access to everyone); v) The implementation of the obligation to protect the right to education has some limitations ; vi) Not paying enough attention to promoting positive impacts and taking measures to limit negative impacts of factors to ensure RTE ; Third, for RTE beneficiaries : having correct and sufficient awareness of their own RTE , mainly the subject belongs to the group of vulnerable people. From the lack of basic knowledge about RTE , these subjects limit their ability to enjoy RTE. 3.4.3.The causes of the achievements and limitations in exercising the right to education in Vietnam nowadays 3.4.3.1. The causes of the achievements in exercising the right to education in Vietnam nowadays * Objective cause : First, the awareness about RTE around the world has not stopped increasing; In order to maintain its reputation before the international community and stem from the internal needs of the country, our Party and Goverment must have a political determination to ensure RTE in Vietnam. Second, Vietnam is making efforts to approach the achievements of the fourth industrial revolution in national construction and development. Third, investment to secure RTE is investment in development. A country cannot flourish if it fails to invest in education, which has a big impact on the Party and Goverment's political determination to ensure RTE in Vietnam. 17 * Subjective reasons : First, the Vietnamese people have a tradition of fondness for learning. Second, the Party's theoretical awareness development, the people's awareness of the importance and significance of RTE have been raised markedly. Third, the Goverment has made great efforts to harmonize national laws with international laws on RTE; Legal institutions of the Rule of Law are increasingly perfect, creating a framework to ensure the reality of RTE. Fourth, political stability, socio- economic development achievements have created a physical premise to ensure RTE. Fifth , the management of education, the quality assessment of education, the inspection and examination have many positive changes, contributing to the protection of RTE for everyone . Sixth , thanks to patriotism, love for people, love of profession, sense of responsibility, the efforts of the teachers and the determination to innovate of the education sector have significantly contributed to the good implementation of the task education. 3.4.3.2. The cause of the limitation in exercising the right to education in Vietnam nowadays * Objective cause : First, many theoretical issues about RTE in Vietnam in the new period have not been fully studied to serve as a basis for renewing thinking about RTE; Second, the management level of educational administrations not caught up with reality and development needs. Third, due to a lack of resources to ensure implementation. Fourth, Vietnam currently has a specialized agency (national human rights agency ...) on the promotion and protection of HR, including the RTE. * Subjective reasons: First, Goverment sectors and levels do not attach importance to and properly pay attention to the propaganda, dissemination, inspection and supervision of legal compliance on RTE. Second, the Goverment’s management agency on Education (Ministry of Education and Training) hasn’t performing well the function of advising to ensure RTE. Third, education is still considered a private job of the education sector. It has not created the linkage and synchronous coordination among branches, levels, and social forces, thus affecting the assurance of the National Development Program. Fourth, there is a lack of policies and conditions to attract social resources to invest in education, slow implementation, not keeping up with the development situation, the level of achievement is uneven between regions between provinces, city, locality. 18 Chapter 4 VIEWPOINTS AND SOLUTIONS TO IMPLEMENT THE RIGHTS OF EDUCATION IN VIETNAM NOWADAYS 4.1. Current viewpoints of exercising the right to education in Vietnam nowadays 4.1.1. The exercise of the right to education in Vietnam nowadays: requires a thorough understanding of the Party and Goverment's views on national education development: The implementation of national government in Vietnam now requires a deep understanding to effectively implement the views of the Party and the Goverment that consider education and training as the "top national policy", fundamentally renovating education and training; create human resource development; to develop and apply science and technology. 4.1.2. Exercising the right to education in Vietnam is the responsibility of the Goverment, family,