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Human Rights

Joining UN Convention Against Torture Does Not Seem to Stop Police Brutality from Tormenting Vietnam

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Mrs. Nguyen Thi Mai, the mother of Do Dang Du the most famous case in the last two years involving deaths in police detention in Vietnam. Photo Credits: Chau Doan.

Vietnam soon faces the UN’s review compliance on the implementation of the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), which it became the 81st signatory on November 7, 2013.

Despite a showing of strong commitment from the Vietnamese Ambassador to the UN at the time of signing, Le Hong Trung, who condemned all “acts of torture and cruel, inhuman or degrading treatment of persons and to better protect and promote fundamental human rights”, police brutality and death in police detention remain some of the most urgent social issues in the country today.

Less than a year since the Vietnam’s National Assembly ratified UNCAT in November 2014 and submitted the ratification to UN on February 5, 2015, 17-year old Do Dang Du died from injuries to the head and body while being held in police custody at Chuong My District, Hanoi on October 10, 2015. His death shocked the nation.

Police records showed Do Dang Du was taken to Bach Mai hospital in early October 2015, where died from head injuries two days after. Photo credits: Anh Ba Sam blog

14 lawyers immediately petitioned to the Minister of Ministry of Public Security (MPS), the Chief Procurator of the Supreme People’s Procuracy, and the Chief of Hanoi Police Department to get the details of his arrest and detention.

As it turned out, Du’s death might have been avoided because he was not supposed to be detained at all.

According to some of the lawyers from this group of 14 who petitioned to review his case, under Section 2 of Article 303 of Vietnam’s Code of Criminal Procedures, a minor being alleged to have committed a “less serious” crime, such as theft, was supposed to be released on his own recognizance. Du’s mother confirmed that he was arrested in August 2015 for stealing two million VND (about 90 USD) from a neighbor and taken into police detention, where he was held until taken to the hospital due to injuries from a physical assault in early October 2015.

Yet, Chuong My District Police stood by and continued to affirm that their detention of Du for some two months was done according to laws. However, other facts surrounding this case compelled people to question police’s involvement in Du’s death and demanded more answers.

First, while Du’s three teenager cellmates were arrested and charged with the assault and battery which caused his death, their reasons for getting into an altercation with Du failed to convince the public and Du’s family. The main perpetrator, Vu Anh Binh, also 17-year old, confessed that he had assigned Du to wash their dishes, but because Du did not wash them well enough, leaving them still dirty, Binh got angry and beat him up.

Attorneys for Do Dang Du’s family after being assaulted. Photo credits: Tuoi Tre newspaper.

Du’s family then retained two attorneys, Le Luan and Tran Thu Nam, from the group of 14 to represent them in the matter of their son’s death, but the lawyers soon became victims of physical violence as well. On November 3, 2015, attorneys Luan and Nam were assaulted by a group of eight thugs on their way to visit Du’s mother. The victims identified one of the perpetrators to be Chuong My District police officer Cuu, and they also told the media that they believed the police had followed them since they agreed to represent Du’s family.

Speaking to BBC News – Vietnamese edition at the time, Attorney Tran Quoc Thuan, former Deputy Director for the Office of the National Assembly, demanded that an independent investigation unit should have been convened to invest the police officers of Chuong My District to avoid conflict of interest. Attorney Thuan also mentioned to BBC that some 226 people had died in police custody in recent years.

Attorney Thuan’s claim was based on Vietnam MPS’ own representation to his former employment, the Office of the National Assembly, in 2015 regarding deaths in police custody from 2011-2014, which curiously was not mentioned by the Vietnamese government in their report submitted in July 2017 to the UN regarding the first year of implementing UNCAT from 2015-2016.

However, in the report to the UN, the government did admit deaths and other incidents of police brutality indeed happened. But the numbers from the government, of course, are nowhere near 226. In fact, it is difficult to decipher the exact number from the 51-page report, which also did not include any allegations of death in police detention that Vietnamese newspapers and social media had reported in 2015 and 2016.

What more disturbing is the fact that the report from the Vietnamese government delineates the reality that police brutality often goes unpunished. Impunity is at the heart of this problem, and the government has yet to demonstrate they have dealt with it efficiently.

For example, Paragraph 100 of the report stated: “From 2010 to 2015, People’s Courts had not handled any cases regarding the obtainment of testimony by duress and bribing or forcing another person to give false testimony or provide false documents”.

Further, it provided that in the same five-year period, the Vietnamese courts “only handled and tried 10 cases with the total 26 defendants who committed torture offenses”. Eight out of those 10 cases involved police officers and prison’s guards. (In Vietnam, prison’s guards are also police officers because according to the laws, the MPS has direct control over all prisons in the country).

The family of a victim in one the newest deaths in police detention in Vietnam took his body to the streets to demand justice in July 2017. Police of Ninh Thuan, Phan Rang Province claimed Nguyen Hong De (26-year-old) had hung himself in the temporary holding cell.

Even when police officers were prosecuted and tried for having committed torture of suspects and/or prisoners, they often received very light sentence. Take for example the case of four police officers of Dak Trung prison in Dak Lak Province, listed in Annex 11 of the Vietnamese government’s report to the UN, none of the police officers involved in a prisoner’s death while in their custody was handed actual prison terms.

These four police officers admitted to using “corporal punishment” on a prisoner, Truong Thanh Tuan, during the morning of September 23, 2010. Tuan died on the way to the hospital the very same evening from “respiratory distress syndrome and cardiovascular collapse”. The officers were tried and convicted of “using corporal punishment” under Article 298 of Vietnam’s Penal Code, and their sentence was the minimum “penalty of warning”, which translated into “no jail time”.

Paragraph 45 of the report, the government acknowledged that their laws allow for many other penal code provisions to prosecute criminal acts that carry “torture nature”, some are specifically applicable to police officers, such as “causing death to people in the performance of official duties” (Article 97), “inflicting injury on or causing harm to the health of other persons while performing official duty” (Article 107), “ill-treating other persons” (Article 110), humiliating other persons (Article 121). Vietnam’s laws also allowed for charging perpetrators with multiple offenses for committing the same criminal conducts.

But in reality, the same report also showed that Vietnam’s justice system had not prosecuted any of the listed perpetrators with multiple charges, even when their laws allow for it. In all of the reported cases, the police officers were charged and tried for only one crime, “using corporal punishment” under Article 298.

Taking into consideration the facts and the applicable laws, people have to ask why the offending police officers were not charged with any other crimes besides “corporal punishment” and thus always received just a slap on the wrists for causing serious injuries and even death to suspects and prisoners?

The difference between only charging the offenders with one crime instead of multiple crimes in Vietnam is quite large, and we could see it by studying the facts in one of the most talked about cases involving police brutality in the past five years, the case of Ngo Thanh Kieu of Phu Yen Province.

According to the government report, the 20-year-old Kieu was arrested for theft in the morning of May 13, 2012. He was then interrogated by several police officers of Tuy Hoa District, Phu Yen Province that day, where he was handcuffed and beaten. He was interrogated multiple times on the same day and continued to be interrogated even after showing obvious signs of physical assault. By 5:40 pm, Kieu died on the way to the hospital from injuries to the head which had caused drama to his skull.

The police officers defendants in Ngo Thanh Kieu’s case at trial. Photo credits: Zing news.

While the involved officers were tried and sentenced to prison from nine months to eight years, they were charged, again, only with “applying corporal punishment” under Article 298. Moreover, the highest-ranking officer involved, Le Duc Hoan, Deputy Head of the Investigation Agency of Tuy Hoa District Police, was only charged with “negligence, causing serious consequences” while carrying out official tasks.

It was Hoan who had ordered the other police officers to conduct the interrogation of the victim even after Kieu had shown signs of suffering rounds of physical assault during the first questioning. Yet in the end, it was also Hoan that received the lightest sentence of nine months and was allowed to serve it on probation, meaning he did not have to spend a single day in jail.

The government’s report to the UN also failed to mention that two of the five defendants appealed and got their sentences reduced sufficiently in September 2016. Nguyen Than Thao Thanh was sentenced to eight-year imprisonment but got reduced to five years, while Nguyen Tan Quang’s two-year imprisonment became two-year probation.

Had they been charged with all of the criminal provisions applicable to their illegal conducts, the offending police officers who caused the death of Ngo Thanh Kieu could have faced up to 30 year-imprisonment on a combined sentencing under Article 50 of the Penal Code if convicted.

The story of Ngo Thanh Kieu is not the last to tell about torture and police brutality in Vietnam. In 2017, I have documented nine cases where people died in police detention from January 2016 to September 2017. To date, no one had yet been prosecuted in relation to these cases.

As long as the problem with impunity continues to be as serious as police brutality in Vietnam, it seems that there is still a long way to go for UN CAT to be effectively implemented. At the very least, however, Vietnam should begin aggressively investigating, prosecuting, and trying the perpetrators according to the standards of their current laws, where multiple charges should be filed against those who committed such horrendous crimes against the victims’ basic human rights and took away their most sacred one, their right to life.

Human Trafficking

Q&A: What You Should Know About The Human Trafficking Situation In Vietnam

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Photo credit: VnExpress/Nguyen Phuoc Vu (background photo), U.S. Department of State (screenshot photo). Graphic: The Vietnamese Magazine.

On July 1, 2021, the U.S. Department of State released its annual global report on human trafficking. The 2021 Trafficking in Persons report ranked Vietnam as a “Tier 2 Watch List” [1] for the third consecutive year.

According to the placement guiding [2], governments that fully meet the Trafficking Victims Protection Act’s (TVPA) minimum standards to eliminate human trafficking are placed on “Tier 1.” In contrast, countries that fail to meet minimum standards but make a significant effort to comply are ranked as “Tier 2.” 

However, these Tier 2 countries also risk being placed on a “Tier 3 Watch List” if they do not take “concrete actions” to combat the increasing number of human trafficking victims or if they fail “to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous year.” 

Without a further genuine effort to improve the current situation, Vietnam could be downgraded to “Tier 3,” which might lead [3] to restrictions on financial assistance from the United States, the freezing of officials’ assets, and restrictions on immigration.

Human trafficking map, East Asia & Pacific region. Source: U.S. Department of State.

What is Vietnam’s current situation?

In Vietnam’s case, the State Department declares that the Vietnamese government “does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so.”

The report acknowledges considerable efforts taken by Vietnam to eliminate human trafficking, including ramping up prosecutions against human traffickers, passing legal revisions to terminate hefty brokerage fees. Brokerage fees will make workers fall victim to debt bondage, and later they would be susceptible to forced labor. 

It also notices that Vietnam has enhanced worker protections, strengthened law enforcement, increased financial budgets to assist victims of trafficking, provided protection services for identified victims, and implemented extensive awareness programs in vulnerable ethnic communities.

Nevertheless, the country has not demonstrated sufficient effort regarding its anti-trafficking protocols, given the impact of Covid-19 on the overall capacity to combat illegal human trading activities, compared to the previous period. Furthermore, the report states that Vietnam has also fallen short on systematically identifying victims of trafficking, which results in “some victims [being] penalized for unlawful acts [that] traffickers [compel] them to commit.”

Who are the primary victims and offenders of trafficking activities?

The Blue Dragon Children’s Foundation, a non-profit charity that rescues and helps the victims of human trafficking in Vietnam, stated in a study [4] that over 60 percent of victims and traffickers come from ethnic minority groups, such as Hmong or Thai. Some of Vietnam’s northern border provinces, in which diverse groups of ethnic people dominate, witness the highest rates of illegal trafficking and border crossings.

According to the charity’s latest analysis [5], between 2012 and 2020, Hmong people accounted for over 32 percent of the total victims and 33 percent of the total traffickers, while only making up 1.4 percent of the country’s population.

Also, the traffickers, as well as their victims, share poor economic and educational backgrounds. Most of the prosecuted traffickers, around 80 percent, are illiterate or did not finish high school.

The lack of general knowledge about laws and human rights, coupled with grinding poverty, proves to be the main reason these people take up [6] trafficking or recruitment to generate extra income and “escaping” poverty.

At the same time, people between 19 to 25 years old are the most vulnerable to these illicit activities, while children under 16 account for 42 percent of the total number of trafficked victims. Based on gender, all of the 199 trafficked victims recorded by Blue Dragon were females. Meanwhile, male traffickers comprise nearly 60 percent of total prosecuted offenders.

In a majority of cases, the traffickers have close relationships with the victims. They could be their friends, family members, relatives, neighbors, or acquaintances.

Source: Blue Dragon Children’s Foundation. Graphic by South China Morning Post.

What are the common forms of trafficking?

Following the data compiled by the Blue Dragon Foundation, forced marriage and domestic servitude accounted for the majority of all prosecuted cases. The victims, mostly women, are often lured and misled by false promises of well-paid job opportunities in foreign countries, but they are eventually forced into marriage with Chinese men.

Other forms of human trafficking, which include [7] forced labor and commercial sex, are also ubiquitous.

Vietnamese workers, especially under labor export programs, are subject to forced labor when they cannot pay off their debts to their recruitment company. Meanwhile, some Vietnamese female workers travel to other Asian countries for brokered jobs [8] as hostesses in massage parlors, karaoke bars, or restaurants.

What are Vietnam’s prosecution laws against trafficking?

Overall, the Vietnamese government has displayed visible efforts in reinforcing its existing legal framework against human trafficking. The current anti-trafficking legislation [9] of Vietnam includes:

  • Article 150 of the Penal Code, which criminalizes labor trafficking and sex trafficking of adults. Offenders face up to 10 years of imprisonment and up to 100 million dong (US$4,330) in fines.
  • Article 151 of the Penal Code, which criminalizes labor trafficking and sex trafficking of children under 16. Offenders face up to 12 years of imprisonment and up to 200 million dong fines.

Despite being regarded as “sufficiently stringent” in the State Department’s report, current prosecution laws against trafficking in Vietnam still contain certain loopholes.

For example, the application of Article 150 to cases involving children between the ages of 16 and 17 remains ambiguous, leading them to be treated as adults. Therefore, the article does not fully constitute all forms of child trafficking.

Other notable shortcomings include the lack of law enforcement regarding domestic trafficking and forced labor, especially with male victims, and the insufficient training of law enforcement officers in handling such cases. These are some limitations that could hinder the country’s progress towards eliminating labor exploitation and the illegal activities of human trafficking.

What improvements could be made by Vietnam?

The State Department’s report proposed prioritized recommendations that the Vietnamese government could implement to improve the situation. 

These recommendations focus on:

  1. Bolstering collaboration with NGOs and civil society;
  2. Amending existing loopholes;
  3. Training law enforcement officials in domestic trafficking cases;
  4. Implementing policies;
  5. Increasing national funding for provincial-level authorities to assist victims of trafficking; and
  6. Inviting independent bodies to verify the government has terminated forced labor in rehabilitation centers.

Bibliography:

  1. Office To Monitor And Combat Trafficking In Persons. (2021, July 1). 2021 Trafficking in Persons Report: Vietnam. United States Department of State. https://www.state.gov/reports/2021-trafficking-in-persons-report/vietnam/
  2. Office To Monitor And Combat Trafficking In Persons. (2021a, July 1). 2021 Trafficking in Persons Report. United States Department of State. https://www.state.gov/reports/2021-trafficking-in-persons-report/
  3. Nguyen Dinh Thang. (2021, July 4). Buôn người: Việt Nam ở sát bờ vực chế tài theo luật Hoa Kỳ. Mach Song Media. https://machsongmedia.org/vietnam/chong-buon-nguoi/1727-buon-nguoi-viet-nam-o-sat-bo-vuc-che-tai-theo-luat-hoa-ky.html
  4. Sen, N. (2021, July 8). Young members of ethnic minority groups most at risk in Vietnam-China human trafficking trade: report. SCMP. https://www.scmp.com/week-asia/politics/article/3140227/young-members-ethnic-minority-groups-most-risk-vietnam-china
  5. Blue Dragon Children’s Foundation. (2021, July). Human Trafficking & Traffickers in Vietnam. Blue Dragon Children’s Foundation. https://www.bluedragon.org/wp-content/uploads/2021/07/Profile-of-trafficking-in-Vietnam.pdf
  6. Ibid., [4]
  7. Ibid., [1]
  8. RFA. (2021b, July 1). Việt Nam tiếp tục nằm trong danh sách cần phải theo dõi về tình trạng buôn người trong báo cáo của Bộ Ngoại giao Mỹ. Đài Á Châu Tự Do. https://www.rfa.org/vietnamese/news/vietnamnews/human-trafficking-report-vn-stay-in-watch-list-tier-2-07012021203901.html
  9. Ibid., [1]

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Death Penalty

A Spark Of Hope For Ho Duy Hai’s Family As New Alibi Emerges

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Photo credit (background): Canva. Photo credit (from left to right): Ho Duy Hai’s family, Nguyen Lan Thang. Graphic design: The Vietnamese Magazine

On June 24, 2021, Attorney Tran Hong Phong, the lawyer for Ho Duy Hai and his family in their petition for his wrongful death penalty case, published a letter on his Facebook account, providing a new alibi regarding the case. Five lawyers (including Phong), two journalists working for a law newspaper, and Ho Duy Hai’s family jointly signed the letter.

The letter, which had been previously sent to the Procurator of Supreme People’s Procuracy of Vietnam and the Vietnamese authorities, provides convincing proof [1] to demonstrate that Ho Duy Hai was not the murderer of two post office workers in Long An Province in 2008.

Alternatively, the new evidence shows that on the evening of January 13, 2008, Ho Duy Hai actually did not go to Cau Voi Post Office, where the murder took place, but rather attended the funeral of Ho Chi, also known as Tu Lan, a neighbor who lived just 500 meters from Hai’s house.

Furthermore, the new evidence also shows that Ho Duy Hai was at the funeral from 7:50 pm until 9 pm, which coincides with the time the Long An Police investigative agency alleged he had entered the Cau Voi Post Office, at around 7:30 pm, to murder the two victims at around 8:30 pm allegedly. Seven witnesses, who also attended the funeral, including the deceased’s wife, have confirmed this fact.[2]

Ho Duy Hai received a death penalty for his convictions of homicide and robbery, despite “serious procedural shortcomings”[3] and violations of the defendant’s right to a fair trial. 

This controversial and invalid case has set his family and their attorney on a decade-long journey [4] of calling for the suspension of his execution. They finally reached a cassation trial [5] in 2020, but Ho Duy Hai was once again declared guilty of the crimes and sentenced to death.[6]

Although the presumption of innocence has been recognized [7] in its 2015 Criminal Procedures Code, Vietnam has fallen short of actually practicing this principle in its criminal proceedings. Quite commonly, the number of cases and the speed at which a case must be solved dwarf the importance of proper due process to uphold a fair and just trial. 

A local lawyer explained [8] that investigative agencies could deploy “professional” methods to extract forced confessions from people since these agencies “often hold prejudices” against the accused. Also, earlier this month, the People’s Court of Dak Song District, in Dak Nong Province, held [9] nearly 60 “pretend” trials, to meet its quota for a local judge to be reappointed, without any real defendants or victims.

However, the new evidence provided by his attorney might prove that Ho Duy Hai was wrongfully convicted, which would be a spark of hope for both the defendant and his family as the possibility of retrial could be high.

To strengthen the validity of the new proof, Attorney Phong confirmed that all seven witnesses “voluntarily provided the information and confirmation letters to affirm that their testimonies are true and vowed to take full responsibility under the law […].” 

In their letter, the attorney and the signees demanded Vietnamese government officials expeditiously verify the evidence, review the cassation decision, release defendant Ho Duy Hai on bail while awaiting verification; and review and resolve their previous petitions and demands.

The case of Ho Duy Hai has drawn wide attention from both national and international audiences, as he was convicted of murder and later sentenced to death via an opaque and unfair trial.

Bibliography:

[1] RFA. (2021, June 25). Vụ án Hồ Duy Hải: Luật sư cung cấp bằng chứng ngoại phạm mới. Đài Á Châu Tự Do. https://www.rfa.org/vietnamese/news/vietnamnews/ho-duy-hai-case-lawyer-provides-new-proof-06252021081856.html

[2] HCMC Reporters. (2021, June 25). Vụ án tử tù Hồ Duy Hải: Luật sư cung cấp tình tiết bất ngờ. Dân Việt. https://danviet.vn/vu-an-tu-tu-ho-duy-hai-luat-su-cung-cap-tinh-tiet-bat-ngo-2021062515064789.htm

[3] Will, N. (2019, December 3). After Decade of Petitions, Vietnam to Re-consider Case of Death Row Inmate Ho Duy Hai. The Vietnamese Magazine. https://www.thevietnamese.org/2019/12/after-decade-of-petitions/

[4] Vi, T. Q. (2019, September 29). Wrongful Death Penalty Cases And The Families That The Inmates Left Behind. The Vietnamese Magazine. https://www.thevietnamese.org/2019/09/wrongful-death-penalty-cases-and-the-families-that-the-inmates-left-behind/

[5] Thereporter. (2020a, May 7). Ho Duy Hai’s Cassation Trial. The Vietnamese Magazine. https://www.thevietnamese.org/2020/05/ho-duy-hais-cassation-trial/

[6] Thereporter. (2020b, May 9). Ho Duy Hai’s Case Reaffirmed, Sentenced to Death Again. The Vietnamese Magazine. https://www.thevietnamese.org/2020/05/ho-duy-hais-case-reaffirmed-sentenced-to-death-again/

[7] V.L.L.F. (2018, June 1). Legal experts discuss presumption of innocence, due process principles in criminal proceedings. Vietnam Law and Legal Forum. https://vietnamlawmagazine.vn/legal-experts-discuss-presumption-of-innocence-due-process-principles-in-criminal-proceedings-6244.html

[8] Thi, D. (2021, June 25). Liệu có tái thẩm vụ án Hồ Duy Hải với chứng cứ ngoại phạm mới? Đài Á Châu Tự Do. https://www.rfa.org/vietnamese/in_depth/will-the-ho-duy-hai-case-be-retrial-with-new-alibi-dt-06252021114054.html

[9] Duong, D. (2021, June 6). Tòa huyện lập gần 60 vụ án “ảo” để. . . một thẩm phán được bổ nhiệm lại? Dan Tri. https://dantri.com.vn/xa-hoi/toa-huyen-lap-gan-60-vu-an-ao-de-mot-tham-phan-duoc-bo-nhiem-lai-20210606162322706.htm

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Internet Freedom

Vietnam: The New Code Of Conduct On Social Media Is Not Legally Binding

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Decision 847 from the MIC. Photo: Luat Vietnam, The Independent. Graphic: Luat Khoa Magazine.

On June 17, 2021, Reuters reported that Vietnam announced a national code of conduct for social media. This new code would be the national guidelines on social media behavior in Vietnam, where users are encouraged to post positive content about the country. There are certain prohibitions for social media users and companies, requiring that social media providers in Vietnam follow Vietnamese law when “requested by authorities to remove content from their platforms.” 

This national code of conduct is Decision 847/QĐ-BTTTT (Decision 847), and it was issued by the Ministry of Information and Communications (MIC).

There are specific prohibitions throughout this decision, and it also lists the individuals and entities that are subject to the regulations. Yet, at the same time, the extent to which it is a legally binding document and how the government will enforce it is still ambiguous. 

Nevertheless, we can safely conclude that right now, under Vietnamese law, Decision 847 is NOT a legally binding document.

Why is it not legally binding?

This so-called national code of conduct on social media was issued as a decision from the minister of the MIC. These kinds of decisions in Vietnam are not legally binding documents under the Law on Promulgation of Legislative Documents 2015

Under its Article 3.1, the Law on Promulgation of Legislative Documents 2015 requires that legally binding documents should be “general rules of conduct, commonly binding, and applied repeatedly to agencies, organizations and individuals nationwide or within a certain administrative division, promulgated by the regulatory agencies and competent persons in this Law, the implementation of which is ensured by the State.” 

A minister of any ministry is deemed incompetent to promulgate legal documents if he or she issues only a decision, such as this Decision 847. Only a circular or a joint circular issued by a minister will be deemed legally binding documents. Therefore, Decision 847 cannot be treated as a legally binding document under Vietnamese law. 

Decision 847 cannot regulate social media users and providers.

Technically, only binding legal documents can regulate its subjects, but Decision 847 is quite ambiguous. 

Article 2 of Decision 847 clearly defines the subjects that are being regulated, including official departments, state employees and officials who use social media. It also states that organizations and individuals who use social media and social media providers are all subjected to its regulations.

Yet, under Article 8, which sets the implementation of Decision 847, it states, “the social users and companies are encouraged to fully execute the content of this decision and propagandize it to other organizations and individuals who are also on social media.” 

If Decision 847 only encourages its subjects to follow and propagandize it, it completely defeats the purpose of regulating users and companies on social media in Vietnam. Moreover, the vagueness and ambiguity of this decision reaffirm that it should not be a legally binding government document.

Does the MIC want to regulate all the people, companies, and other governmental agencies in Vietnam with Decision 847? 

Typically, a decision from a minister would only affect his or her ministry. However, in developing this national code of conduct on social media, is it the intent of the minister of MIC to instruct and direct how citizens and other government departments should act on social media according to his standards of positivity and morality? Is it his or the government’s duty to coach citizens on behaving in our everyday life? 

Who will regulate the ethical and cultural values for the entire Vietnam? This country already lacks an independent court system, and this decision does not have any judicial oversight. So who will get to decide what ethics and culture are if Decision 847 is enforced? Is it the government’s decision to dictate good ethics, and what is a positive culture for Vietnam on social media? What will be the meaning of our freedom of expression if we actually behave and live like this?

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