Industrial revolution 4.0 and its impact on the protection of constitutional human rights: a reflection from the Vietnamese context

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ASIAN CONSTITUTIONAL LAW: RECENT DEVELOPMENTS AND TRENDS

INDUSTRIAL REVOLUTION 4.0 AND ITS IMPACT

ON THE PROTECTION OF CONSTITUTIONAL HUMAN RIGHTS:

A REFLECTION FROM THE VIETNAMESE CONTEXT

A/Prof. Nguyen Thi Thanh Hai 
Institute for Human rights, Ho Chi Minh National Academy of Politics
Abstract

The fourth industrial revolution has had a profound impact on all areas of social life, including 
constitutional human rights. In order to promote opportunities and minimize negative impacts of this
development process, countries like Vietnam need to ensure that law and policy are adjusted to
protect fundamental human rights.

Keywords: The fourth industrial revolution, constitutional human rights, Vietnam.
Introduction

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economy and to ensure sustainable development.1 The rapid development and application of new

technologies is impacting on a wide range of human rights. This paper analyses the impact of the
Industrial Revolution 4.0 on constitutional human rights by assessing the effects of technological
achievement on human rights in both positive and negative ways and identifying legal gaps in current
laws on the protection of human rights in Vietnam.

1. Protection of human rights in Vietnam’s Constitution

Human rights are inherent standards to which everyone is entitled. Today human rights are
universal values recognized by all states. States have an obligation to respect, protect and fulfil
human rights without discrimination based on gender, language, race, nationality, religion, place of
residence, occupation, disability, social standing or any other status. Human rights are recognized by
law through international treaties, customary laws, and incorporated into domestic laws.

Vietnam has ratified 7 core human rights treaties and many ILO conventions; therefore, it has
obligations to incorporate human rights principles and standards into national legislation.2

Human rights were agreed in the first Constitution in 1946 and further affirmed by later
Constitutions in 1959, 1980, 1992 and 2013.3 In the 2013 Constitution, Vietnam established a strong

recognition of all fundamental civil, political, economic, social and cultural human rights in Chapter 2
(from Articles 14 to 49). Compared to the previous version of the Constitution, the 2013 Constitution
contains many new developments including affirming that human rights belong to everyone. These
were originally considered as citizens’ rights in the 1992 Constitution. The 2013 Constitution also
provides a further recognition of other human rights such as the right to life (Article 19), the right
to donate human body parts and the human body (Article 20), the right to privacy (Article 21), the
right to social security (Article 34), the right to marry and divorce (Article 36), the right to one’s
own culture (Article 41), the right to determine one’s nationality, to use one’s mother language, and
to select the language of communication (Article 42), and the right to a clean environment (Article
43)4. More importantly, the 2013 Constitution takes into consideration the nature of human rights by

changing the emphasis from the idea of seeing human rights as a “gift” from the state to that of an
inherent right. Accordingly, the state has an obligation to recognize, respect, protect and guarantee
(Article 3) all fundamental human rights for everyone. 5 Such constitutional recognition of human

rights standards has created a legal foundation for further codification of human rights in Vietnam.
1 Central Committee of the Comunist Party of Vietnam, Resolution of the Politburo on some viewpoints and policy

to actively participate in the Fourth Industrial Revolution, (No. 52-NQ/TW). Available in Vietnamese at: http://

tulieuvankien.dangcongsan.vn/he-thong-van-ban/van-ban-cua-dang/nghi-quyet-so-52-nqtw-ngay-2792019-cua-bo-chinh-tri-ve-mot-so-chu-truong-chinh-sach-chu-dong-tham-gia-cuoc-cach-mang-cong-5715.

2 Vietnam has ratified 7 out of 9 core human rights treaties. Vietnam has also ratified 23 ILO conventions in which 6 of 8 
fundermental conventions; 3 of 4 governance conventions and 15 of 177 technical conventions.

3 See: The statistics of Constitutional Provisions on Human Rights in Vietnam in 1946 1959, 1980, 1992 and 2013 
Constitution in Giao Cong Vu, Kien Tran, Constitutional Debate and Development on Human Rights in Vietnam, 
Asian Journal of Comparative Law, 11 (2016), pp. 235–262.

4 Vu Cong Giao, Nguyen Son Dong, Những điểm mới tiến bộ về quyền con người, quyền công dân trong Hiến pháp

2013 và việc thực thi, (The advancement and process in human rights, citizen’s rights in the 2013 Constitution and

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Industrial Revolution 4.0 and its impact on constitutional human rights

Industrial Revolution 4.0 can be associated with human rights in several ways. On the one hand,
applications of this industrial revolution provide tools that help expand the recognition, promotion
and protection of human rights and create new opportunities for human rights promotion in diverse
contexts and settings. For example, new technologies can contribute to improving availability and
accessibility to the right to education. The right to access information is executed more quickly and
comprehensively with the support of the internet, big data, the development of online information
systems, social networks, etc. Big data makes it easier to collect and analyse data, so that there can
be a basis to support and monitor discrimination against vulnerable groups. Information on human
rights violations can also be shared more quickly, so governments, NGOs and responsible parties
can obtain access and provide timely support measures. New technologies, especially those related

to health and education, can help increase service access and improve socio-economic development
indicators, thereby improving the people’s ability to exercise their rights to health and education,
the right to food, the right to entertainment, and the right to benefit from the development of science
and technology. Digital technology also makes the exercise of freedom of expression more effective.
Media and social networks are increasingly becoming an important channel for people to exercise
their right to freedom of expression and freedom of speech around the world. New technology can
enable better service delivery for vulnerable groups. Artificial intelligence can be used as a tool to
promote the right to equality and non-discrimination on grounds such as race, gender or disability1.

Artificial intelligence technology, for example, contributes to increased access to services and reduced
support costs for people with disabilities and enabling them to have the opportunity to use more
advanced devices to support themselves. The development of gene technology also makes it easier to
investigate crimes, especially against women and children.

On the other hand, new applications of Industry 4.0 present a number of new challenges for the
promotion and protection of human rights in many fields. The development and widespread usage of
the internet and social media platforms serve as an important channel to promote rights to information,
promote human rights education, and to exercise freedom of expression, but also pose new challenges
for online violence, aggression, discrimination and fake news. Easy access to personal information and
data has even led to the infringement of democratic rights in the political system, for example, the use
of big data technological applications to interfere with national elections. Most recently, there have been
allegations against Facebook that 50 million records were harvested without explicit consent of users and
were used by the data corporation Cambridge Analytica to influence the outcome of the US Presidential
election, giving Donald Trump an advantage during his run for US president in 2016.2 Artificial intelligence

technologies such as facial recognition can have serious impacts on the right to privacy.

The right to privacy can be violated when personal data can flow easily and quickly across
borders. The development of algorithms and artificial intelligence has, in many cases, gone beyond
1 Australian Human Rights Commission, Human Rights and Technology: Discussion Paper (2019). Available at: https://

www.humanrights.gov.au/our-work/rights-and-freedoms/publications/human-rights-and-technology-discussion-paper-2019. Accessed Feburuary 15 2020.

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the capacity to protect rights in the legal system such as online privacy as well as the right to protection
of data and personal information. For example, the rapid dissemination and spread of information on
social networks can lead to privacy breaches because information once shared will be difficult to
correct or delete if necessary. Currently, many countries around the world have passed laws on the
protection of personal data in the context of technological development, in which special emphasis is
placed on the responsibilities of businesses, on protecting privacy rights and personal information.1

The negative impact of technology on human rights can also be seen in many other ways. Unequal
access to artificial intelligence technology may lead to increases in inequality and discrimination. AI
also creates paradoxes in its potential applications. Self-driving aircraft technology can provide rapid
help in emergency relief situations (such as transporting blood and flood relief) but can also be used
as a weapon against humanity.

The development of automated or robot technology, on the one hand, helps to free up labour
for people and increase labour productivity but on the other hand also threatens millions of people
who face the risk of losing their jobs. Many traditional industries and businesses will continue
to disappear in the future. For example, in 1998, the Kodak camera company employed 170,000
workers, accounting for 85% of the market for photographic paper in the world, but subsequently
this business field completely disappeared as digital technology replaced paper-based photography.
Craft industries may also disappear and may be replaced with the emergence of new occupations that
require highly developed skills. According to estimates in research by the McKinsey Global Institute,
by 2030 there will be 400-800 million current jobs in the world that will be replaced by automated

technology.2 The birth of “smart factories”, in which machines are connected to the internet and

linked together through a system that can visualize the entire production process to make decisions,
will gradually replace previous production line structures and systems. Industrial Revolution 4.0
will also lead to the trend for countries with technological advantages and capital investment to take
back production to their countries based on the application of “smart factory” technology rather than
investing in countries which have advantages in low-cost labour resources. This is a big challenge,
especially for countries with a large low-skilled labour force such as Vietnam, requiring the country
to have a strategic vision to carry out the transformation of the mindset regarding skills, careers,
contractual systems and industrial relations for employees.

Along with the development of technology is the emergence of the gig economy and new
business models in the form of self-employment and freelance labour. The current gig economy
gives employees more opportunities to find jobs and increase their income more flexibly, for example
through sharing services when using Uber, Grab, or freelance employment services on technology
platforms such as Taskrabbit. However, the situation of “temporary labor”, “free labor” without
labour contracts also poses a big challenge in terms of how to ensure the rights of workers, including
the right to adequate working conditions, the right to bargain collectively and the right to association.
1 See: Open Global Rights, Addressing the Potential Human Rights Risks of the Fourth Industrial Revolution. Available 
at:
Accessed November 15 2019.

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Industrial Revolution 4.0 specifically affects vulnerable groups such as women, people with
disabilities, children and the elderly. These are the groups that need special assistance in accessing
and protecting the implementation of their human rights. The advent of digital technology with online
platforms can contribute to promoting gender equality by supporting women to access information
and education and to connect with development opportunities. However, there is also increased risk
that they will be attacked, harassed or sexually assaulted online. For example, a study conducted in
2016 showed that 76% of women under the age of 30 have been harassed online.4 New technology can

provide learning and information opportunities for children, but also raises new risks for children’s
rights, including increasing opportunities for modern slavery and exploitation of child labor, violent
abuse, online child abuse such as children trafficking, child pornography and many other violations
of children’s privacy.

It can be said that the effects of Industry 4.0 on promoting and protecting human rights are quite
clear. Therefore, governments need to have specific strategic vision and action plans to ensure human
rights in the development context of the 4.0 revolution to promote advantages and minimize risks of
human rights violations, especially the risks caused by the private sector (enterprises).

The table below provides some examples of the positive and negative impacts of Industrial
Revolution 4.0 on specific human rights that have been recognized in the 2013 Constitution of
Vietnam.1

Human rights Impact of Industry 4.0

The right to equality and
freedom from discrimination

New technologies, especially those related to health and education, can
improve access to services and improve socio-economic development
indicators.

Big data makes it easier to collect and analyze data, so that there can be a
basis to support and reduce discrimination against vulnerable groups.

New technology may limit access to the rights of certain vulnerable groups in 
society.

The right to freedom of
expression

New technology opens up many options and opportunities for exercising the
right to freedom of expression for different groups in society.

An increase of expression in the form of aggression, provoking violence

The right to work Open up many job opportunities in new technology fields

Workers without education and skills will find it very difficult to gain employment
The risk of losing jobs in handicraft occupations is low

The right to benefit from
scientific and technical
advances

Applying new science and technology to improve the quality of life, improve the
capacity to exercise human rights in health, education, food and entertainment

Some target groups may lose / have restricted access to their rights

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Right to privacy Technology applications can help keep personal information data better
Easy access to personal information and data makes it difficult to implement
the laws on privacy protection.

The rapid dissemination and spread of information on social networks can 
lead to privacy breaches because information once shared will be difficult to 
correct or delete.

There is a risk that ‘surveillance states will infringe on all aspects of personal 
privacy

Right to education New technology helps diversify types of education, increase access to
education for everyone

The application of new forms of education and training may hinder access to 
some target groups: the elderly, people with disabilities, etc.

Right to a fair trial Artificial intelligence can be used as a tool in procedural support and legal
analysis to ensure impartial adjudication.

New technology can help support victims of violence or violate their right to
justice.

The application of technology in the legal system may discriminate against 
some vulnerable groups.

Rights of persons with
disabilities

New technology will increase access to services for people with disabilities
New technology helps reduce the costs of supporting people with disabilities

New technologies can increase barriers for people with disabilities if they do 
not include people with disabilities in the process of design and programming.

Women’s Rights The development of DNA technology will make the process of identifying and
prosecuting sex offenders easier.

An increase in the threat of online violence, trolling and human trafficking

Children’s Rights The opportunity to access more information and enhance education

Vulnerability to misleading or false information that is not mediated by teachers
The emergence of forms of violence and child abuse online: child trafficking, 
child pornography

2. Impact of Industrial Revolution 4.0 on human rights in Vietnam

The requirement for Vietnam, in the context of the rapid development of the current 4.0 industrial
revolution is to have strategic vision and clear action plans to seize opportunities, protect against
vulnerabilities and solve resulting challenges. When considering the impact of the 4.0 Industrial
Revolution, all countries need to pay attention to the multifaceted impact not only on the economy,
production technology, management model but also on social and legal impacts and human rights.
The 4.0 revolution will give countries the opportunity to prosper, connect and integrate more quickly
and easily, potentially ensuring better human rights, but also posing to them the challenges of labour
rights and employment rights, inequality, increasing vulnerability for certain social groups and issues
of increased state surveillance and control.

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Minister’s Cabinet in Thailand approved the human rights platform and program to be incorporated into
that country’s 4.0 strategy. This platform includes the following specific content:

• Raising awareness about respect for human rights;

• Developing a monitoring system for human rights violations;
• Building a rights-based culture;

• Establishing a network to monitor rights implementation;
• Improving data on rights violations;

• Revising laws to respond to change;

• Raising awareness for state officials on human rights;
• Reducing violations and abuse of human rights;
• Building typical models of human rights and;

• Taking measures to implement human rights proposals.1

The Australian Government has taken a range of initiatives in relation to Industrial Revolution
4.0. In 2016, the Prime Minister of Australia established a government task force on the 4.0 revolution
to cooperate with the German government to implement industry 4.0 in the fields of: architecture,
setting standards, support for small and medium enterprises, an industry 4.0 test station, network
security system, employment and education and training.2 The National Committee for Human

Rights of Australia has implemented a major research project on technology and human rights with
extensive consultation and seminars to understand current issues; conduct research and organize
public consultations on the best way to address opportunities and tackle human rights challenges in
the context of new technology; and, finally to develop a roadmap of appropriate reforms.3

Industrial Revolution 4.0 presents inherently paradoxical opportunities and threats to all countries
and their citizens and this is particularly the case with respect to Vietnam. Vietnam belongs to a group
of countries that are in the transitional phase of the 4.0 technology revolution with many development
opportunities in the fields of production, services, agriculture, banking, finance and related areas. The
development and application of new technological opportunities will bring about economic growth

for Vietnam, contributing directly to improving the exercise of human rights for people in many
fields. For example, the application of digital technology has helped to create jobs for a number of
new business sectors in Vietnam such as transportation, Airbnb rental services and other similar online
business, thereby making a positive contribution to ensuring the right to employment and the right
to a satisfactory standard of living for the people. Technological breakthroughs will also help create
applications in medicine to positively support access to health services and ensure health rights – for

1 Ministry of Foreign Affairs of Thailand, Announcement of National Program “Human rights are fundamental elements 
of Thailand 4.0, towards sustainable development.” Available at:
Accessed November 10 2019.

2 Ministry of Industry, Innovation and Science, Industry Task Force 4.0. Available at: />industry/Industry-4-0/Pages/PMs-Industry-4-0-Taskforce.aspx. Accessed November 15 2019.

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example, online diagnosis services will enable doctors and paramedical professionals to treat patients
in remote regions of the country, thus enhancing the right to quality health care for minority and other
rural communities. The rapid development of internet and online services is also a great opportunity
to promote and exercise the right to access to information and freedom of expression provided that the
country invests in high speed broadband services that are universally accessible across the country.

However, at present, Vietnam’s access to the 4.0 Industrial Revolution is still at a low level.
According to a review of the Ministry of Science and Technology published in April 2017, Vietnam’s
access to the Industrial Revolution 4.0 is only at 4.9 / 10 points in terms of its readiness for the 4.0
revolution. Therefore, Vietnam needs to have guidelines, policies and programs to approach the Industrial
Revolution 4.0 with a long-term vision and taking into account impacts and risks in the fields of economy,
society, laws and human rights. There is also a need to invest in the technological infrastructure that will
enable access to Industrial Revolution 4.0 for all businesses, communities and citizens.

As with other countries, the impact of the Industrial Revolution 4.0 on human rights is quite clear
both in terms of formulating human rights laws and in ensuring their enforcement in practice. Some
human rights challenges in Vietnam in the context of Industrial Revolution 4.0 are now elaborated.

The development of the Internet and social platforms poses many legal and wider challenges to
recognizing and ensuring human rights in Vietnam. Regarding privacy, some of the new issues that
need to be codified need to be legalized with regards to the right to protect personal data, the right to be
forgotten on the internet, etc. Vietnam also needs to recognise, in its human rights architecture, issues
that relate to the emerging surveillance society. Surveillance societies are societies which function, in
part, because of the extensive collection, recording, storage, analysis and application of information
on individuals and groups in those societies as they go about their lives. Retail loyalty programmes,
website cookies, national identity schemes, routine health screening and traffic monitoring cameras all
qualify as components within a surveillance society. Each feature, in different measures, the routine
collection of data about individuals with the specific purpose of governing, regulating, managing or
influencing what they do in the future. Emerging big data management systems enable governments
and other agencies to link data from each together in order to create a comprehensive profile of
individual and community behaviour. Although stipulated in the 2013 Constitution, Vietnam has not
yet passed a separate privacy law to regulate these new legal issues.

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continuous training serves to protect citizens’ rights to education and employment in the rapidly
changing context of Industrial Revolution 4.0, but it requires major state investment.

At the same time, the emergence of a gig economy with new business models and labour
relations forms a new workforce, such as online businesses, drivers for ride-sharing services like
Uber, Grab. While providing ease in the delivery of needed services and offering flexible economic
opportunities especially to those who are unable to commit to the rigidity of regular employment
(such as mothers and students), the gig economy also presents serious challenges to upholding labour
rights in Vietnam by being linked with precarious work, enforced casualisation, uncertain hours,

poor pay and involuntary overtime. These business models are outliers in terms of the regulation of
Vietnamese labour laws and social insurance laws. The current Vietnamese constitution and labour
law does not recognize some newly formed rights in the context of 4.0 Industrial Revolution such as
the right to disconnect and labour protections for people working in the gig economy.1

In the future, the Party, National Assembly and Government of Vietnam need to have breakthrough
policies that are comprehensive, stronger and backed by public investment so that Vietnam can seize
opportunities and overcome challenges, proactively participating in this revolution. More specifically,
when formulating policies, laws, strategies, and programs on the 4.0 revolution, Vietnam needs to
take into account the responsibility to ensure that the human rights obligations of the State are met,
by limiting the risks of human rights violations under the influence of the 4.0 Industrial Revolution.
Vietnam needs to apply a rights-based approach when implementing socio-economic development
programs and there is little doubt that this will require extensive investment of both financial and
moral capital.

Conclusion

This paper uses a human rights approach to identify and analyze the challenges and opportunities
for human rights protection and promotion in the context of new and emerging technologies. It
considers the implications on human rights, and how Vietnam should respond to address the legal
gaps on human rights.

There is little doubt that Industrial Revolution 4.0 presents major opportunities for an emerging
economy such as that of Vietnam. It has the potential to place the country and its economy at the heart
of the global economy and enhance its standing across a wide range of primary, manufacturing and
service sectors. At the same time, Industrial Revolution 4.0 presents real challenges with respect to
the existing economy in Vietnam and some of the country’s main sources of wealth and employment
will be severely threatened by the likely changes.

In the area of human rights, there are opportunities to enhance human rights in Vietnam regarding

education, employment, health, information and individual safety for all citizens, especially those groups
that are currently disadvantaged such as women, youth, the disabled and minorities. At the same time,
there are potential threats to rights in all these areas unless careful consideration is given to up-dating and
monitoring human rights by the State in line with technological and economic changes. Human rights
considerations must not be neglected in the rush to capitalise on Industrial Revolution 4.0 in Vietnam
1 Recently a number of countries such as France and the Philippines have revised labor laws to recognize the right to

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and commitments in the 2013 Constitution need to be updated as the wider technological, economic
and social changes are better understood. Balancing technological progress, economic development and
respect for individual rights will be the biggest challenge of all for the country.

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