Section 2. Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The constitution and law provide for freedom of expression, including for the press; however, in practice the government did not respect these rights in practice, and several laws specifically encroach on freedom of expression. The government continued to use broad national security and antidefamation provisions to restrict these freedoms. The law defines the crimes of “sabotaging the infrastructure of socialism,” “sowing divisions between religious and nonreligious people,” and “propagandizing against the state” as serious offenses against national security. It also expressly forbids “taking advantage of democratic freedoms and rights to violate the interests of the state or lawful rights and interests of organizations or individuals.”
Freedom of Expression: The government continued to restrict speech that criticized individual government leaders, criticized the party, promoted political pluralism or multiparty democracy, or questioned policies on sensitive matters, such as human rights, religious freedom, or sovereignty disputes with China. The government also sought to impede criticism by monitoring meetings and communications of journalists and activists, including in academic institutions.
On June 12, the National Assembly adopted the Law on Cybersecurity which included vague national security provisions prohibiting “distortion of history, denial of revolutionary achievements, undermining national solidarity, taking advantage of cybersecurity protection activities to violate national security, national interests or sovereignty, or disrupt public order.” The law states any violation of its regulations would be subject to criminal prosecution.
Numerous groups and individuals criticized current and former local and national officials or members of government affiliates on social media, particularly Facebook.
On July 5, Hanoi authorities arrested blogger Le Anh Hung and charged him with “abusing democratic freedom” for online posts criticizing political leaders. Hung was a regular political writer for the Vietnamese programs of Voice of America, Radio Free Asia, and the British Broadcasting Corporation, and also contributed to the Independent Journalists Association of Vietnam’s blog.
Press and Media Freedom: The CPV, government, and party-controlled mass organizations exercised legal authority over all print, broadcast, online, and electronic media, primarily through the Ministry of Information and Communications under the overall guidance of the CPV Propaganda and Education Commission. The law authorizes the government to fine journalists and newspapers, with fines ranging from five million to 10 million Vietnamese dong (VND) ($220 to $440) for journalists who fail to cite their sources of information and for journalists and newspapers that “use documents and materials from organizations and personal letters and materials from individuals.” In July the Ministry of Information and Communications ordered a three-month suspension and 220 million VND ($10,000) fine on Tuoi Tre Online, the online version of top daily Tuoi Tre, for attributing untrue remarks to the president and “disrupting national unity.” The suspension was one of the harshest punishments in years and had a chilling effect throughout the journalism sector.
Many nongovernmental entities produced and distributed publications in a variety of forms, e.g. by subcontracting, joint-publishing, or buying permits from government or public entities that were entitled to media activities and publishing. State-run media reported that private entities produced more than 90 percent of all publications in the country, although outright private ownership or operation of any media outlet or publishing house remained prohibited. Media independent of government authority operated on a limited basis online, primarily via blogs and social media, but independent journalists faced government harassment.
On March 11, the government consolidated several circulars implementing revised Decree 72 which governs on the management, supply, and use of internet services and online information. Decree 72 continues to require media to register and store user’s personal information, facilitate the removal of information that violated laws, and allow the revocation of licenses of violators, among other provisions.
The law allows the government to punish publishers if they publish “untruthful information” in the fields of statistics; atomic energy; management of prices, charges, fees, and invoices; education; civil aviation; vocational training; hydrometeorology; cartography; and health.
The law limits satellite television access to senior officials, foreigners, luxury hotels, and the press, but persons throughout the country continued to be able to access foreign programming via home satellite equipment or cable.
The government permitted foreign-based media outlets although the law requires foreign television broadcasts to run on a 30- to 60-minute delay to enable content monitoring. Such channels ran on a 10-minute delay, however. Viewers reported obstruction of various commentaries, documentaries, and movies on human rights incidents in the country, the Vietnam War, the Cold War, the Soviet era, or events in China and Venezuela.
Major foreign media outlets reported the government delayed or refused to issue visas for reporters who previously covered sensitive political topics, particularly reporters for the overseas Vietnamese-language press. In November consular officials did not issue a visa to a BBC journalist who intended to report on the anniversary of relations between the UK and Vietnam. His visa application remained pending in December.
Government regulations authorize the information ministry to revoke the licenses of foreign publishers, and each foreign publisher must reapply annually to maintain its license.
Violence and Harassment: There continued to be a significant number of reports of security officials attacking, threatening, or arresting journalists and independent bloggers because of their coverage of sensitive stories.
Plainclothes security officials detained and beat a prominent independent journalist and author Pham Doan Trang with their motorcycle helmets after she attended an unsanctioned concert in Ho Chi Minh City. She sustained a concussion.
Foreign journalists said they continued to be required to notify authorities about travel outside Hanoi when it was to an area considered sensitive, such as the Northwest or Central Highlands, or involved a story the government otherwise might consider sensitive.
Censorship or Content Restrictions: The Ministry of Information and Communications and the CPV Propaganda and Education Commission frequently intervened directly to dictate or censor a story.
Propaganda officials forced editors of major press outlets to meet regularly to discuss what topics were off-limits for reporting. More often pervasive self-censorship, including among independent journalists and bloggers, due to the threat of dismissal and possible arrest, enabled the party and government to control media content. The government continued its practice of penalizing journalists for failing to self-censor, to include revoking journalists’ press credentials.
In August a managing editor at a leading state-run daily said he was warned that he could be disciplined for what he wrote on Facebook. The newspaper said the contents he posted “undermined national unity” and provided fabricated and libelous information about organizations and individuals. He had written posts about state conglomerate Vinashin’s losses, among other issues.
National Security: The law tightly restricts media freedom and stipulates fines of 20 million to 30 million VND ($880 to $1,330) for journalists, newspapers, and online media that publish or broadcast information deemed harmful to national interests and up to 50 million dong ($2,200) for information considered as distorting history and the revolution’s achievements. In some cases these “violations” may be subject to criminal proceedings.
Citing laws protecting national security, police arrested and charged journalists to restrict criticism of government policies or officials.
The government restricted and disrupted access to the internet, censored online content, and monitored private online communications without legal authority. The limited number of licensed internet service providers (ISPs) were fully or substantially state-controlled companies. The government monitored Facebook posts and punished those who used the internet to organize protests or publish content critical of the government. On September 22, in separate trials, the People’s Court of Cai Rang district, Can Tho City, convicted Facebook users Nguyen Hong Nguyen and Truong Dinh Khang of “abusing democratic freedoms” and sentenced them to two years’ and one year’ imprisonment respectively. The government sometimes blocked websites it deemed politically or culturally inappropriate, including sites operated by overseas Vietnamese political groups in addition to the websites of Radio Free Asia, Voice of America, and the BBC Vietnamese news service. State-owned ISPs routinely blocked domestic Vietnamese-language websites that contained content criticizing the CPV or promoting political reform.
The law requires all companies and organizations operating websites providing content on “politics, economics, culture, and society” or social networks, including blogging platforms, to register with the government. The government also required such owners to submit detailed plans of their content and scope for approval. Such companies and organizations must locate at least one server in the country to facilitate requests for information from the government and store posted information for 90 days and certain metadata for up to two years.
The government forbids direct access to the internet through foreign ISPs, requires domestic ISPs to store information transmitted on the internet for at least 15 days, and requires ISPs to provide technical assistance and workspace to public security agents to allow them to monitor internet activities. The Ministry of Public Security has long required “internet agents,” including cyber cafes, to register the personal information of their customers, to store records of internet sites visited by customers, and to participate in government investigations of online activity. Internet cafes continued to install and use government-approved software to monitor customers’ online activities. The Ministry of Public Security enforced these and other requirements and monitored selectively.
On June 12, the National Assembly adopted a Law on Cybersecurity–scheduled to take effect on January 1, 2019–that requires foreign firms to store personal data locally and to open offices in the country. Members of the public protested the law and shared concerns that the law would make it easier for the state to pressure social media platforms to remove user-generated content or to hand over user information to security officials. Critics said it could undermine local businesses, which rely heavily on firms providing cross-border services online such as cloud-computing services.
The government continued to pressure firms such as Facebook and Google to eliminate “fake accounts” and content deemed “toxic,” including antistate materials. On July 9, the Ministry of Information and Communications announced that Google removed nearly 6,700 video clips, YouTube blocked six YouTube channels, and Facebook blocked nearly 1,000 links, 107 fake accounts, and 137 accounts that defamed the CPV and government.
Force 47, a special unit within the Ministry of National Defense monitored the internet for misinformation and antistate propaganda.
Authorities also suppressed online political expression by direct action against bloggers such as arrests, short-term detentions, surveillance, intimidation, and the illegal confiscation of computers and cell phones of activists and family members. The government continued to use national security and other vague provisions of the penal code against activists who peacefully expressed their political views online. Political dissidents and bloggers reported that the Ministry of Public Security routinely ordered disconnection of their home internet service. On September 17, the People’s Court of Tu Son town convicted citizen journalist Do Cong Duong of “disrupting public order” for filming a forced eviction, according to an NGO. He was sentenced to four years in prison. Duong was subsequently convicted of “abusing democratic freedoms” and sentenced on October 12 to an additional five years in prison.
Social network and blog users are required to provide their full name, national identification number, and address before creating an account. In-country website and social network operators must allow authorities to inspect local servers upon request and must have a mechanism to remove prohibited content within three hours of detection or notification by authorities.
According to the International Telecommunication Union, 49.6 percent of the population used the internet in 2017.
ACADEMIC FREEDOM AND CULTURAL EVENTS
The government restricted academic freedom and cultural events. Foreign academic professionals temporarily working at universities in the country could discuss nonpolitical topics widely and freely in classes, but government observers regularly attended classes taught by both foreigners and nationals. The government continued to require international and domestic organizations to obtain advance approval for conferences involving international sponsorship or participation. The government allowed universities more autonomy over international exchanges and cooperation programs, but visa requirements for visiting scholars and students remained onerous.
The government continued to prohibit any public criticism of CPV and state policy, including by independent scientific and technical organizations, even when the criticism was for a purely academic audience.
The government exerted influence over art exhibits, music, and other cultural activities by requiring significant permission procedures.
Many activists reported Ministry of Public Security officials threatened university leaders if they did not expel activists from their respective universities and pressured them and their family members not to attend certain workshops, although their political activities were peaceful. Multiple activists also reported academic institutions refused to allow them or their children to graduate due to their advocacy of human rights. In March at Hanoi Noi Bai airport authorities denied exit permission to a student from Song Ngoc parish in Nghe An province who was traveling to study overseas due to his involvement in Formosa-related protests.
b. Freedom of Peaceful Assembly and Association
FREEDOM OF PEACEFUL ASSEMBLY
The government restricted freedom of peaceful assembly. Law and regulations require persons wishing to gather in a group to apply for a permit, which local authorities issued or denied without explanation. Only those arranging publicized gatherings to discuss sensitive matters appeared to require permits, however, and persons routinely gathered in informal groups without government interference. The government generally did not permit any demonstrations perceived to be political. The law permits security forces to detain individuals gathering or protesting outside of courthouses during trials.
The Ministry of Public Security and local police routinely prevented activists from peacefully assembling. There were numerous reports of police dispersing gatherings of environmental activists, anti-China activists, land rights advocates, human rights defenders, bloggers and independent journalists, women’s rights, and former political prisoners.
Social media and multiple activists reported that on June 17, authorities took some 180 people, including those who were involved in protesting the draft SAEZ and cybersecurity laws and those observing the demonstrations, to Tao Dao stadium in Ho Chi Minh City. Some activists including Phan Tieu May said they were not protesting but were taken by authorities from their homes or cafes to the stadium Authorities searched, and beat those detained. Many of those involved said they sustained injuries to the head, and some lost consciousness. One individual required long-term hospitalization for his injuries.
On August 15, Ho Chi Minh City police and plainclothes individuals beat musician Nguyen Tin and other activists at Casanova Cafe in District 3 in Ho Chi Minh City after Nguyen Tin held an unregistered concert. They tied him to a chair and beat him over the head with his guitar, according to other activists.
FREEDOM OF ASSOCIATION
The constitution affords individuals the right of association, but the government restricted freedom of association severely. The country’s legal and regulatory framework establishes mechanisms for restricting freedom of NGOs to act and organize, including by restricting freedom of association. The government generally prohibited the establishment of private, independent organizations, insisting that persons work within established, party-controlled mass organizations, usually under the aegis of the VFF. The government used complex and politicized registration systems for NGOs and religious organizations to suppress unwelcome political and religious participation.
Laws and regulations governing NGOs restrict their ability to engage in policy advocacy or conduct research outside of state-sanctioned topics and prohibit organizations focused on social science and technology from operating in fields such as economic policy, public policy, political issues, and a range of other areas considered sensitive. Authorities also do not permit them to engage in the public distribution of policy advocacy positions.
The Law on Belief and Religions, which came into effect January 1, still requires religious groups to register with authorities and to inform officials of activities. Authorities had the right to approve or refuse religious activities. Some unregistered religious groups reported an increase in government interference.
Some registered organizations, civil society organizations including governance and environment-focused NGOs, reported increased scrutiny of their activities.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government imposed some limits on the movement of certain individuals, especially those convicted under national security or related charges or outspoken critics of the government.
Religious and ethnic minority groups, including Hmong and Montagnards who fled the Central Highlands for Cambodia or Thailand, some reportedly due to abuse (see Section 6), asserted that authorities pressured them to return by threatening their families that remained in-country. Authorities then abused, detained, or questioned them upon their return.
In-country Movement: Several political activists, amnestied with probation or under house arrest, along with others not facing such legal restrictions were officially restricted in their movements, including Bui Thi Minh Hang and Dinh Nhat Uy. Authorities continued to monitor and selectively restrict the movement of many prominent activists and religious leaders including Nguyen Dan Que, Pham Chi Dung, Pham Ba Hai, Nguyen Hong Quang, Thich Khong Tanh, Le Cong Cau, and Duong Thi Tan. Several activists reported authorities had confiscated their national identification cards, preventing them from traveling domestically by air or conducting routine administrative matters.
Some activists reported authorities prevented them and their family members from leaving their homes during politically sensitive events, (see also section 1.d.).
A government restriction regarding travel to certain areas required citizens and resident foreigners to obtain a permit to visit border areas, defense facilities, industrial zones involved in national defense, areas of “national strategic storage,” and “works of extreme importance for political, economic, cultural, and social purposes.”
Local police required citizens to register when staying overnight in any location outside of their own homes; the government appeared to enforce these requirements more strictly in some Central and Northern Highlands districts. Foreign passport holders also needed to register to stay in private homes, although there were no known cases of local authorities refusing to allow foreign visitors to stay with friends or family. There were multiple reports of police using the excuse of “checking on residency registration” to intimidate and harass activists and prevent them from traveling outside of their place of registration (see sections 1.d. and 1.f.).
Authorities did not strictly enforce residency laws for the general population, and migration from rural areas to cities continued unabated. Moving without permission, however, hampered persons from obtaining legal residence permits, public education, and health-care benefits.
Foreign Travel: Prospective emigrants occasionally encountered difficulties obtaining a passport or exit permission, and authorities regularly confiscated passports of activists, at times indefinitely. There were multiple reports of individuals crossing the land borders with Laos or Cambodia illegally because they were unable to obtain passports or exit permission; in some cases this included persons sought for alleged crimes or wanted for political or other activism.
The Ministry of Public Security continued to use foreign travel prohibitions against certain activists and religious leaders, including Bui Minh Quoc, Dinh Huu Thoai, Do Thi Minh Hanh, Pham Doan Trang, Nguyen Hong Quang, and Le Cong Dinh. Authorities banned and prevented dozens of individuals from traveling overseas, withheld their passports on vague charges, or refused to issue passports to certain activists or religious leaders without clear explanation. Authorities also refused to issue passports to the family members of certain activists.
On September 17, authorities prevented Nguyen Quang A from traveling to Geneva to attend a hearing with members of civil society for Vietnam’s Universal Periodic Review before the UN Human Rights Council. In October Nguyen Quang A was able to travel to Brussels to testify to the EU’s International Trade Committee, but reported having been intimidated by security officials the day of his departure.
PROTECTION OF REFUGEES
Access to Asylum: The law does not provide for granting asylum or refugee status, and the government has not established a system for providing protection to refugees.
According to the government, at the end of 2017 there were approximately 29,500 recognized stateless persons and persons of undetermined nationality living in the country. This was a substantial increase from the estimated 11,000 stateless persons acknowledged in 2016 and was due to increased government effort to identify such persons. The bulk of this population lived in border areas, but it also included a number of women who lost their citizenship after marrying a foreigner but then lost their foreign citizenship, primarily because of divorce. In the past the government naturalized stateless ethnic Vietnamese who had lived in Cambodia, but there was no information on naturalization efforts or options for those identified as stateless persons during the year.