1.

Notion
1.1. The concept of vulnerable people
In our country, Clause 4 Article 3 of the 2013 Law on Natural Disaster Prevention and
Control stipulates, "vulnerable people include children, the elderly, women who are pregnant
or nursing children under 12 months old, people with disabilities, people with serious
illnesses and the poor". Thus, although no common formal definition has been given to
vulnerable groups, however, from human rights documents and practices, it can be understood
that: Vulnerable group is a general concept referring to groups and communities with political
status, Socially or economically lower than other ordinary people, putting them at greater risk
of neglect or violations of human rights, therefore, they need special attention to protection
compared to other groups and communities.
1.2. The concept of people with disabilities
A person with a disability is a person who has a defect in one or more body parts or has a
functional impairment manifested in the form of a disability that makes working, living, or
learning difficult. (According to Clause 1, Article 2 of the Law on People with Disabilities
2010).

2. International situation on human rights

A person with a disability (PWD) is a person who has one or more physical or mental
impairments that cause significant and long-term impairment in the ability to perform
daily activities or activities. According to the classification of the World Health
Organization, there are 3 degrees of impairment: defective, disabled, and handicapped.
In 1981, the United Nations launched the International Year of Persons with Disabilities
through its 1982 Disability Programme of Action, to establish a just society for all by 2010.
To date, the United Nations and many other international organizations have issued many
documents to promote the rights of people with disabilities. In particular, the International
Convention on the Rights of Persons with Disabilities (adopted by the United Nations
General Assembly on 13/12/2006, to protect the rights and dignity of persons with
disabilities).
The rights of persons with disabilities are also embodied in the United Nations Disability
Action Plan (1982) and its document called "Equal Standards of Opportunity for Persons
with Disabilities" (1993). At the regional level, the Americas region has the Inter-American
Convention on the Elimination of All Forms of Discrimination against Persons with
Disabilities (1999).
The Convention on the Rights of Persons with Disabilities (CRPD) was born to better protect
and promote the rights of persons with disabilities. By the time the United Nations adopted the
convention (in 2007), people with disabilities in many parts of the world were considered
recipients of social assistance rather than human rights subjects.
The CRPD was adopted by the United Nations General Assembly in March 2007, establishing an
international mechanism to protect the rights of 650 million people with disabilities worldwide.
This is the first international treaty on human rights in the twenty-first century. It has given the
status and guarantee of the rights of persons with disabilities, based on recognizing disability as a
human rights issue rather than a purely charitable issue. The CRPD is also particularly significant
in changing the way disability is viewed as a social rather than medical issue and establishing a
shift from a humanitarian approach to a human rights approach.
The 2006 UN Convention on the Rights of Persons with Disabilities defines persons with
disabilities as persons with long-term physical, mental, intellectual, or sensory impairments
that, when interacting with various barriers, may undermine their effective and full
participation in society on an equal basis with others.
Based on the provisions of the Convention, national legislation also has more specific provisions
on persons with disabilities, in general the definitions refer to the ability to participate fully in
society, disability is not a physical deficiency, but also the lack of opportunities to integrate into
society.
Some Disability Rights in CRPD
Some civil and political rights
Right to life
The right to equality before the law and equal protection by law
The right to freedom of movement, freedom to choose nationality and place of residence
,...
2.1. Certain economic, social, and cultural rights
The right to an adequate standard of living and social protection
Right to education
Right to health care
Right to support for rehabilitation
This is a specific right of persons with disabilities, to enable persons with disabilities to
achieve independence to the maximum extent of their professional, social, mental, and
physical capacities, and to be fully integrated in all aspects of life.
Right to labor and employment
This is the area where discrimination based on disability is most common and persistent. In
countries, the proportion of people with disabilities who are unemployed is two to three
times higher than the average person. Where people with disabilities have jobs, they are often
only allowed to work in low-wage jobs and are often cut off from the labor market. On the one
hand, labor rights help people with disabilities generate income for themselves, on the other
hand, they also help them rehabilitate and integrate into the community.
To date, the UN and other international organizations have issued many political and legal
documents to protect and promote the rights of people with disabilities. The International
Covenant on Civil and Political Rights (ICCPR) and the International Covenant on
Economic, Social and Cultural Rights (ICESCR), although they do not contain separate
provisions on the rights of people with disabilities, provide for the promotion and
protection of the rights of people in general, including people with disabilities, through
provisions providing for non-discrimination.
Provisions related to disability are also reflected in several other international treaties such
as: the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment (CAT), the Convention against Discrimination against Women (CEDAW), the
Convention on the Rights of the Child (CRC)... In particular, the UN General Assembly
adopted the Convention on the Rights of Persons with Disabilities (CRPD) on 13 December
2006, whose aim is to promote and ensure that people with disabilities enjoy their rights
equally and fully while promoting respect for their inherent dignity.

3. The situation of human rights in Vietnam

According to the National Survey Report on People with Disabilities in 2016, in our
country at present, about 7.06% of the population are people with disabilities aged 2 years or
older. The number of people with disabilities today is about 6.2 million. The number of
people with disabilities living in urban areas is 1.5 times higher than in rural areas. The
number of people with disabilities tends to increase because of various reasons such as the
aging population, traffic accidents, environmental pollution, etc. About 17.8% of people with
disabilities aged 2 years and older are living in multidimensional poor households. People
with disabilities still face many challenges and barriers in accessing and participating in
social life. Disability affects not only people with disabilities, but also their families because
families with people with disabilities often have to pay for expenses for people with
disabilities such as medical treatment, specialized education, and other expenses.
People with disabilities are often unable to access the health care system due to barriers,
such as inadequate access to health facilities or transport systems, or a lack of specialized
doctors who treat people with disabilities. Likewise, people with disabilities also face
difficulties in learning participation because the educational environment does not provide
access such as a lack of sign language, assistive technology (reading software), or elevators.
Vietnam has acceded to the CRPD since 2007 and ratified the Convention in 2014
without applying any reservation provisions. The 2013 Constitution and the Law on Persons
with Disabilities contain provisions to protect the rights of persons with disabilities and
ensure that persons with disabilities are not discriminated against and discriminated against
in political, civil, economic, cultural, and social life. Article 16, Clause 2 of the 2013
Constitution stipulates: "No one shall be discriminated against in political, civil, economic,
cultural or social life." Stigma and discrimination against persons with disabilities are strictly
prohibited (Article 14, Paragraph 1 of the Law on Persons with Disabilities).
The Law on Persons with Disabilities, enacted by the National Assembly on June 17,
2010, "stipulates the rights and obligations of persons with disabilities; responsibilities of the
 State, family and society" (Article 1). The Law on Persons with Disabilities is an important
legal document that has made significant strides compared to the Ordinance on Persons with
Disabilities in 1998. In particular, policies and laws have been changed from a "charitable,
humanitarian" to a human rights-based approach, which reflects the spirit and content of
CRPD. Legal documents specifying each field such as health, education, construction, labor,
and information technology must comply with the provisions of the Law on Persons with
Disabilities to ensure the rights of persons with disabilities in each specific field in daily life.
In addition, the Government, ministries, and ministerial-level agencies also issue Decrees
and Circulars to guide the implementation of the Law on Persons with Disabilities. These
laws provide a legal framework to support persons with disabilities to access education,
employment, and social inclusion. However, there are still some limitations in the
implementation of these legal documents.

3.1. Disability rights in Viet Nam

For people with disabilities, in recent years, people with disabilities are a disadvantaged group
that has received a lot of attention from our Party and State. Vietnam recently ratified ILO
Convention 159 on Occupational Rehabilitation and Employment for People with Disabilities.
The Convention sets out requirements for the rehabilitation of working capacity and
employment for persons with disabilities and provides for the adjustment and evaluation of
vocational guidance, vocational training, employment placement, and unemployment services
for persons with disabilities. The ratification of the Convention is a step forward in improving
Viet Nam's existing legal framework to support persons with disabilities.
To ensure equality of access to employment for people with disabilities together with the Law
on Persons with Disabilities, Vietnam has issued many legal documents recognizing and
ensuring the labor and employment rights of people with disabilities. The State has also
implemented schemes and plans to support people with disabilities in accessing jobs.
However, despite much progress, due to various reasons, the situation of people with
disabilities not having jobs is still widespread. Notably, discrimination against workers with
disabilities still occurs in many places.

4. Solutions
4.1. International solution
Full and effective implementation of the CDRP is the most important solution. To do so,
Member States should pay attention to and consider the following issues:
First, this is an international convention, formed based on basic international standards, so
to implement it at the national level, member states need to internalize the provisions of
this convention into their legal systems. It is necessary to ensure that the legal system in the
country is consistent with the provisions of the convention. In the legislative process, when
developing regulations related to people with disabilities, it is necessary to encourage the
participation of the disability community, because no one can understand people with disabilities
better than themselves.
Secondly, to thoroughly and fully implement the provisions of the Convention relating to
the rights of persons with disabilities, especially specific provisions such as Article 26 on
Rehabilitation, Article 9 on Access, Article 24 on Education, Article 27 on Labour and
Employment, etc Article 12 on Equality before the law. These are 5 specific areas directly
related to the rights of people with disabilities that need to be fully implemented.
Third, state parties shall establish a Commission on the Rights of Persons with Disabilities,
or National Committee, for the implementation of the Convention. Implementation of the
Convention requires not only appropriate laws and policies but also adequate financial resources
and the ability to implement them. The Convention encourages States Parties to define a
coordination mechanism at different levels from local to central[18], which ensures the
participation of persons with disabilities, organizations of persons with disabilities, and other
social organizations.

4.2. Solutions in Vietnam

First, it is necessary to study and revise the definition of people with disabilities more
comprehensively, more in line with the CRPD's definition of people with disabilities.
Accordingly, people with disabilities need to be defined from both a medical perspective; The
social and rights aspect, applied according to the social model rather than the current health
model, to ensure that all types of disabilities are identified and that disability certificates can
be issued so that people with disabilities can access essential services. The authors believe
that we can completely consider Article 2 of the Malaysia Persons with Disabilities Act 2008
as a reference model. This law adheres closely to CRPD regulations, which fully address all
types of disabilities.

Second, there should be a separate law recognizing the right of persons with disabilities to
legal aid with the three full functions of legal advice, extra-judicial representation, and
assistance in the process of participating in legal proceedings. The Law on Persons with
Disabilities 2010 and the Law on Legal Aid 2017 both recognize the right of people with
disabilities to legal aid. However, regulations on the content of the right to legal aid of people
with disabilities are very fragmented and difficult to fully and fully access. At the same time,
when considering the perspective of international law, the authors find that we can refer to the
provisions of Romanian law when the country stipulates somewhat practical and closer to the
concept of the right to legal aid under the right to justice of people with disabilities.

Third, an additional regulation should directly recognize the right of persons with disabilities
to access justice. Procedures and authorities for certifying persons with disabilities should
ensure adequate access for all persons with disabilities, regardless of locality or level of
disability. In this regard, we can learn from the general recognition of access to justice
stipulated by Romania. Because the recognition of the law is an important factor, the most
effective platform for everyone, especially people with disabilities, to grasp their legitimate
rights and interests.
Fourth, amend and supplement Clause 1, Article 4 of the current Law on Persons with
Disabilities to ensure that persons with disabilities have all rights and freedoms protected by
CRPD, without discrimination of any kind. In addition, it is necessary to provide a specific
definition of discrimination, specify certain specific acts that are considered discriminatory,
expand this concept to include direct as well as indirect discrimination, and add
discriminatory acts committed by organizations in addition to discriminatory acts made by
individuals. Thus, sanctions must be stricter and should be stipulated, supplementing
regulations on the liability of organizations when violating obligations stipulated by law in the
Law on Persons with Disabilities and other relevant documents, along with the development
of enforcement mechanisms and remedial measures for victims of discrimination. In addition,
offenses against persons with disabilities should be considered aggravating circumstances.

Fifth, it is necessary to develop a continuation provision in the Constitution, recognizing the

group of rights to access the judicial system, similar to the provision on equality before the
law of everyone in Article 16 of the 2013 Constitution.