Ensuring the Right to Equality and Non-Discrimination in the Exercise of Public Duty

This article analyzes the rights to equality and non-discrimination as a core human rights requirement in the exercise of public duties, rather than merely a principle of administrative ethics. Through a substantive equality framework, the article examines how direct and indirect discrimination may arise when public officials exercise state power in their dealings with individuals. Vietnam's current legal framework, encompassing the 2013 Constitution, the Law on Cadres and Civil Servants (amended in 2019), specialized legislation protecting vulnerable groups, and existing grievance mechanisms, provides an important foundation. Significant gaps nonetheless remain in the identification of indirect discrimination, the recognition of administrative bias, the promotion of transparency and accountability, and meaningful access to remedies. The article proposes directions for reform grounded in substantive equality: clarifying legal criteria for discrimination in public service, strengthening accountability, protecting vulnerable groups, and improving mechanisms for compensation and the restoration of rights when violations occur in the exercise of public duty.