LIMITATION OF CONSTITUTIONAL RIGHTS IN THE CONTEXT OF COVID-19 IN VIETNAM

Abstract

The COVID-19 pandemic is causing severe impacts on the world and Vietnam. Not only does it affect the lives and health of each individual, but it also threatens the economy, politics, and social stability of countries all over the world. Many countries have taken different response measures within their capabilities. But these epidemic prevention and control measures have raised concerns about their effect on the constitutional rights of people in society. This research paper aims to provide an analysis of limitations on constitutional rights in Vietnam in the context of the COVID -19, the deficiency of Vietnamese law on this issue. To achieve its objective, general and specific scientific scholarly research methods, including those denominated concrete-historical, logically historical, system-based, comparative legal (law), among others, are carried out. The paper clarified the legal provisions on constitutional rights, scientific views on the limitation of rights, and the fact of rights limitation in Vietnam in the COVID-19. At the same time, point out the inadequacies in the provisions of Vietnamese law and offer some solutions. The authors argue that the Government of Vietnam has enacted several legal documents restricting constitutional rights at different levels; however, the legality of these documents is a matter of controversy. At present, in Vietnam, the constitutional jurisdiction mechanism is still quite opaque, processes of power control, so far, have not been built in special situations of the society, and there is a lack of tools to assess the reasonableness of limitation of rights. The most important task here is to build completeness and enhance the effectiveness of the legal system, including constitutional norms.