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Human Rights

Vietnam’s Cybersecurity Draft Law: Made in China?

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Photo credit: Asia Times.

During the first part of last year’s November, the National Assembly of China passed the Law on Cybersecurity and established its effective date to be June 1, 2017.

Then come June 2017, five days after said law went into effect in China, the Vietnam’s Ministry of Public Security (MPS) sent their own proposal regarding a draft of the Cybersecurity Law to the Vietnamese government. It has been claimed that this draft law was the result of a legislative process which began to take place since July 2016, when the National Assembly scheduled Cybersecurity Law as one of its agenda’s items then. The MPS then also established their own drafting team and an editing group to work on the drafts of Vietnam’s Cybersecurity Law in late March this year.

After going through various collections of public comments and four draft versions of the law, the final draft (Draft Law) now is in the hands of the National Assemblymen and women. It would be among the items to be discussed when they meet at the end of 2017, and if all things go according to plan, Vietnam’s Cybersecurity Law will get approved and signed into laws by the middle of next year.

Yet, whether purposefully or unintentionally, Vietnam’s Draft Law has shocked many people because it is almost identical to that of China’s.

In their proposal submitted to the government, the MPS stressed that they have researched, and thus taken into considerations Cybersecurity laws from China, Japan, the Czech Republic, South Korea, and the U.S when drafting the Draft Law.

I have to make it clear that I do not have any evidence to conclude the Vietnamese government has indeed copied China’s Cybersecurity Law. Moreover, if both countries are functioning under an identical political system, then the use of identical legislative tools would be very understandable. This is even more likely when the MPS openly admitted that they have considered Chinese laws as stated. Besides, copying or learning from other countries’ legislative experiences do not necessarily mean negative consequences.

However, let’s just go straight to comparing Vietnam’s 4th draft of the Cybersecurity Law currently sitting on the desks of the National Assembly’s members and the English translation of the Chinese laws, to see how much they are alike to one another, and whether such similarities will bring negative consequences to Vietnamese people.

1. Two documents, one technical term

There is one technical term in the Vietnamese Draft Law that one should pay close attention to, which is the “critical information system regarding national security” in Article 9.

In the China’s version, there is a similar technical term: “critical information infrastructure” in Article 31.

Both laws centered on these two technical terms, and their definitions are also very much alike. Both are used to define any information, that if being under attack, they would bring harms to national security, social order and public safety.

That information – as mentioned in both Vietnam’s and China’s Cybersecurity Law – would then include energy, finance, transportation, media, and publications, as well as electronic governance.

However, the Draft Law of Vietnam also includes military-security, national secrets, banking, natural resources and environment, chemicals, medicine, and other national security structures.

The Draft Law also does not distinguish between private companies and government agencies when applying the concept of “critical information system regarding national security”. Based on the context of said law’s wordings, the targeted entities are implied to be both of them. The government and the enforcing authorities could also interpret this law as broad as possible.

Baker & McKenzie, in their analysis of the Chinese Cybersecurity Law, has warned all companies whose may have established relationships with those entities which fall under the regulatory perimeters of said law, that this law could very well be applicable to them.

The agencies and enterprises who are within the application of this law shall abide the technical measures and regulations as set by the government, and submit themselves to be under the direct control and observation of the MPS. They will have to obtain all necessary business permits to operate and maintain their equipment while at the same time, must cooperate with the authorities in monitoring users’ information.

These regulations between Vietnam and China are identical.

2. Directly target information considered to be dangerous to the regime

It is not surprising to learn that both Vietnam and China are extremely concerned about cybersecurity.

As detailed in the proposal from the MPS, the Draft Law of Vietnam focuses on underlining the importance of “preventing, fighting against, and neutralizing all activities using cyberspace to intrude national security; subverting against the Socialist Republic of Vietnam; propagandizing to destroy the ideology, the internal affairs, and the common national unification; inciting mass protests; and obstructing cybersecurity, from the reactionary forces and those who are enemies of the State”.

Further, Article 22 of the Draft Law clearly states that the Vietnamese government would apply all necessary technical methods to treat such information.

Article 12 of the Chinese Cybersecurity Law has a similar provision when it prohibits Internet users from using “the network to engage in activities endangering national security, national honor, and interests, inciting subversion of national sovereignty, the overturn of the socialist system, inciting separatism, undermining national unity, advocating terrorism or extremism, inciting ethnic hatred and ethnic discrimination, disseminating violent, obscene or sexual information, creating or disseminating false information to disrupt the economic or social order, as well as infringing on the reputation, privacy, intellectual property or other lawful rights and interests of others, and other such acts”.

3. Requiring all Internet users to provide true identity

Article 47 of the Vietnamese Draft Law specifically demands all Internet service providers to require “users to provide true and correct personal information. If any user refuses to comply, the service providers shall have the responsibility to deny that user service”.

At the same time, Internet service providers must establish their own verification system to ensure the accuracy and veracity of the information provided by the service users according to Article 33.

Article 24 of the Chinese Cybersecurity Law has the same language as those contained in the Vietnamese Draft Law’s Article 47.

Once businesses and the State can obtain users’ detailed personal information, there will be no guaranty that they would not use it for improper purposes, and would not harm such users.

4. The server is required to be localized within Vietnam’s territory and the providers will have to transmit their data overseas

This requirement has proven to be the most controversial in the past few days among the public in Vietnam.

Article 34 of the Draft Law requires “foreign corporations and providers, in order to provide telecommunications and Internet services in Vietnam, must … obtain business permits to operate, maintain a local representative agency, and the server which manages Vietnamese users’ data shall be stored within the national territory of the Socialist Republic of Vietnam”.

Article 48 further provides, all personal information and important data concerning national security shall be stored within the national territory of Vietnam. In the event that someone wants to transfer such information overseas, then a security assessment shall be performed according to the related governmental agencies’ requirements.

These rules and regulations have caused many Vietnamese concerns, that Google, Facebook, other social media platforms, email providers, and cloud computing service providers will soon pack up and leave Vietnam’s market.

Surprisingly, Article 37 of the Chinese version also provides for similar regulations as the two above-mentioned Draft Law’s articles.

As recent as this past June, tech giant Apple had to cooperate with a Chinese corporation to invest in a database center to comply with this specific provision. Microsoft, IBM, and Amazon had complied as well.

5. Forcing users and providers to act as informants

If the Draft Law gets passed into law, Internet users, telecom and Internet providers must cooperate thoroughly with the government.

Article 45 requires those who engage in activities using cyberspace must strictly comply with the government’s guidelines and shall allow the government to enforce their cybersecurity’s measures and safeguards.

Moreover, all service providers must work with the government to provide actual identities of those Internet users, while at the same time, shall have the responsibility to fend off all information which is deemed to be detrimental to the State, according to Articles 46 and 47.

Again, we find the same regulating language in China’s Cybersecurity Law. This time is located at Article 28, which demands that “network operators shall provide technical support and assistance to public security organs’ and state security organs; lawful activities preserving national security and investigating crimes”.

6. Forcing tech companies to follow government’s technical standards

Article 46 mandates all businesses involved in the production and putting in commerce digital products, as well as providing Internet services, shall be in accordance with the provisions of laws and with the “mandatory quality assurance of State standards”, before releasing their products to the market.

The State also shall pass laws which set the standards for the hardware and software to be used with the above-mentioned technical measures, as well as make sure that the applicable entities shall comply.

This provision also serves as the legal basis for the State to enact the necessary decrees and orders, regulating the specificity of the technical measures mentioned and how to enforce such measures.

Compare to China, the Chinese government had required all new computers to be pre-installed with the automatic content-control software – Green Dam – and also forced businesses, including Google, to have this software installed on all their computers.

The fact that the Vietnamese government had become increasingly more and more interfering with the technical measures regarding the high-tech market highlights the fact that it has opened the doors for corruption and abuse of power from the MPS, the Ministry of Defense (MOD), Ministry of Science and Technology, and other related governmental agencies.

7. Forcing all entities that have relations with “critical information” to be evaluated by the State when buying hardware and software.

Articles 11, 16, and 48 of the Draft Law gives the MPS, the MOD, and other State’s agencies, the authority to review equipment, networks products, and services which may be related to the national critical data system before they could be put into use or upgrade.

This is similar to Article 35 of China’s Cybersecurity Law.

Accordingly, this regulation means that any governmental agency or private business – who maintains an information system which related to energy, national finance, banking, transportation, chemicals, medicine, natural resources and environment, media, news and publishing, shall go through the MPS and/or the MOD when purchasing the necessary hardware, software, Internet service provider for their operation.

It probably makes sense to see this regulation being applied to government’s agencies, but the fact that it is stepping into fields such as banking, medicine, news, and publishing, raises questions about the State’s ambition in controlling information in society at large.

These regulations would grant the police and military the all-access key to both government’s agencies’ and private businesses’ hardware and software. This would be an opportunity for them to exert pressure on other agencies, businesses, as well as putting the whole society at risk for corruption and abuse of power.

The above were only seven strikingly obvious similarities between the Vietnam’s Draft Law and China’s Cybersecurity Law. With an in-depth reading of both documents, one probably finds, even though smaller, much more alike features.

This article is translated into English by Tran Vi from the article “Dự luật An ninh mạng: Hàng Việt Nam ‘Made in China’?“ that was published on Luat Khoa magazine on November 4th, 2017.

Land Rights

Land Dispute in Hanoi Prompted Police Officers To Protest, Is That Illegal?

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Police protested in Hanoi, Vietnam
Police's banner calling to end corruption during their land dispute protest in Hanoi, Vietnam. Photo credits: YouTube

On the morning of  November 12, 2019, a protest over a land dispute broke out in the Vietnamese capital of Hanoi. However, unlike in other recent protests, the protesters were not beaten up and arrested by the local authorities. This is probably because the people protesting were police officers of Dong Anh District and so their protest was not deemed illegal by the Hanoi government. This scenario was rare and not the typical case for most of those who protest in Vietnam because in most cases protesters have been assaulted and arrested by local authorities. 

During the last few years, whenever I have had an opportunity to speak with foreigners, I have defended the right of the Vietnamese people to engage in peaceful assembly, which is protected by Vietnam’s Constitution. The problem is that the  government of Vietnam has always classified the right to demonstrate and gather for peaceful assembly as a “disruption of public order,” and so the authorities have arrested hundreds and thousands of its citizens over the years because they joined protests. 

As it turns out, many foreigners have the false belief that demonstrating is illegal in Vietnam and that people are not allowed to protest. The largest protest in Vietnam after our civil war ended in 1975  happened last year, in June 2018. And at that same time, The Vietnamese also clarified that the right to protest was not only legal, but it was a people’s constitutional right. Yet government officials continued to condemn the people’s right to demonstrate and have vowed that they will not allow any crowd to gather publicly. One of the most strident officials supporting the  banning of all protests is To Lam, the minister of public security – the head of the national police force of Vietnam. 

On November 12, 2019, social media and non-governmental media of Vietnam began to report that these police officers had gathered to protest a land dispute involving houses being constructed in Dong Anh district in Hanoi. The cause of the demonstration was very similar to the case of many farmers who had lost their land because of rapid plans for real estate developmental projects in recent years. Those protesting police officers had paid substantial amounts of money to purchase their homes some 17 years ago, but they had not yet received them. The police officers suspected corruption and went to protest against it. In Vietnam’s state-owned media, these protesters were classified as retired police officers who are not currently on active duty. It is likely that the government wants to soften up the fact that it was a case of actual, currently on duty went on protest for their land right to call these protesters as “retired.” However, the land dispute was confirmed to be true as was the fact that these officers did not receive their houses which they had already paid for. 

Whether these officers are retired or not, this is one of the very few incidents in which people who belong to a police unit have found themselves in the same position as other victims who have lost their land. In this case, it was the land rights of former police officers that had been violated and they could not find a proper way to resolve the problem. Protesting against alleged corruption was the only option for them to raise their voices and to address this issue. 

Police forces in Vietnam have always played a close role in carrying out the government’s actions and will. They have been cast as active members of the Vietnamese Communist Party (VCP)  who were assigned to fight opposition movements and the people who do not agree with the way the VCP leads. During the November 12, 2019 incident, the protest by these police officers was not abruptly stopped by the authorities. None of the retired officers got arrested and none were classified as “reactionary forces” in Vietnam’s state-owned media, as has been the  case with others who have protested.

This is an indication of the big difference in how the government treats its own police officers versus how it treats Vietnamese citizens during protests. Nevertheless, the protest by police in Dong Anh district earlier this month has underpinned that land disputes are becoming a wild beast in Vietnam. This social problem will not exclude government workers and police who will soon join the masses of people in the country who have suffered the injustice of seeing their land taken from them. 

Earlier this year inJanuary, in the Loc Hung Garden Incident, local authorities wrongfully evicted and destroyed over 100 households in Tan Binh district in Ho Chi Minh City. The residents of Loc Hung have filed their petitions and they are continuing their legal struggle with the authorities right up until now. In a major city such as Ho Chi Minh City, the Loc Hung residents have only faced losing their homes and their land but in other remote areas, the victims have faced physical harm and some  have even lost their lives. That is the story of death-row inmate Dang Van Hien. 

Dang Van Hien and his neighbors from Village 1535, Quang Truc ward, Tuy Duc district, who come from different areas of the country, have become adjusted to living in poverty since the time they were born. They gradually saved up enough money and bought a small piece of land, but all they could afford was property in areas off the  beaten track or remotely placed in the jungle. They have been living as the modern “les miserables” in a remote area in Dak Nong province in the Central Highland of Vietnam. 

These farmers were there to farm and live peacefully until a private company – Long Son Investment & Commercial – came and disputed their land ownership. Tragedy struck when the government granted Long Son 1,079 hectares of forest land without first doing a proper land  survey, which resulted in the company’s claims overlapping the parcels of land owned by these poor farmers. Over the last 10 years, these farmers have tried everything they could to petition the government to correct the improper land assessment. At the same time, Long Son used force to destroy their crops and tried to kick them off their lands and out of their homes. 

On October 23, 2016, a deadly altercation happened involving Hien, his friends and the workers of Long Son. Hien fired a self-made gun killing three workers and injuring some others when workers invaded his farm with bulldozers and weapons. He was sentenced to death in 2018 and the highest court upheld his sentence this year. His life may be spared if President Nguyen Phu Trong grants him a reprieve. However, there is no indication that this will happen.

The Vietnam Land Law has faced a lot of controversies and criticisms in public because its ambiguity has resulted in the many land disputes that people have been facing. Yet, because the state wants to securely own all of the land in the country, individuals and private entities cannot own land and can only receive land use rights from the state. As a socialist country, the Communist Party does not allow private property ownership, and yet the law defines nicely that land ownership in Vietnam “belongs to the entire people” “with the State acting as the owner’s representative and uniformly managing land.” The State also gives itself the power to “hand over land use rights to land users in accordance with this Law.” (Article 4, Land Law 2013). This clause that the state shall “hand over land use rights” has created land disputes in Vietnam over the past decades and continues to do so because of corruption. 

With the recent story of police officers protesting for their land rights this month in Hanoi, we can see that disputes involving land will continue to be a problematic social issue growing inside the country and that no one will be spared, including government workers and police officers. And if the president of Vietnam does not save the life of Dang Van Hien, Hien will be the first person to be executed due to a land dispute and his case may put more pressure on land administration in Vietnam.

To protect their land rights everyone has to fight, from a poor farmer living in the Central Highlands to the police officers in Vietnam’s capital. The consequences each of them may face for protesting for their rights may be very different. But they all have no other choice but to oppose those who violate their rights. The people have waited patiently and petitioned for 10 or 20 years to protect their rights, but they still have not gotten any response from the judicial system. Corruption and secret deals between some local authorities and real estate developers coupled with an ambiguous law on land administration have worked together to prevent victims of land disputes from having their day in court and receiving justice. 

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Religion

Updated Report on Freedom of Religion in Vietnam – August 2019

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Focus:

  • The Pure Hoa Hao Buddhist sect objected to the plan to change the original tiles of its An Hoa Tu Pavilion of Ancestral Worship.
  • The first observance of the International Day Commemorating Victims of Acts of Violence Based on Religion or Belief has demonstrated that many independent religious sects in Vietnam practice their religions inside their homes. 
  • Vietnam began a Human Rights Dialogue with Australia on August 29, 2019, in Canberra.
  • Prime Minister Nguyen Xuan Phuc met with leaders of government-approved religious institutions to guide, propagandize, and manage religious practice to be in accordance with the state authorities.

Changes in the law regarding religious practices

The government did not propose any new legal changes to religious practice in Vietnam this month.

Events that stood out during the month of August

Events by religious institutions

1. At the beginning of August 2019, the Pure Hoa Hao Buddhist sect – a religious organization that is not recognized by the Vietnamese government – objected to a plan to replace the original tiles of the An Hoa Tu Pavilion of Ancestral Worship. The tile replacement plan was proposed and was to be carried out by the government-approved Central Executive Committee of the Hoa Hao Buddhist Organization. 

An Hoa Tu is a pavilion of ancestral worship, a common house for all Hoa Hao Buddhists, and where they organize all of their devotions. An Hoa Tu was built in the early years of the 20th century and founder Huynh Phu So selected it to be the center of the Hoa Hao sect. Therefore, it is a temple consisting of many spiritual beliefs. Its pillars, its tiles, or even just a tree, can carry a special meaning for the Hoa Hao Buddhists. The religious teaching of the Hoa Hao also encourages prudence in building temples and worshipping practices. It is why the replacement plan of the tiles has caused the Hoa Hao Buddhists to worry that this may go against the religious sect’s tenets and the teaching of their founder. 

The Pure Hoa Hao Buddhist sect is an independent religious organization. Its members often are harassed by the local authorities because their religion is practiced independent of the state. These members are not allowed to organize their worshipping ceremonies publicly according to the traditions of their religion because the state only allows the Central Executive Committee of the Hoa Hao Buddhist Organization to have the right to organize such activities. The conflict between the two institutions has lingered for many years.

2. On August 22, 2019, many religious groups solely organized their observance ceremonies for the International Day Commemorating Victims of Acts of Violence Based on Religion or Belief. We have not received any reports that the state interfered with these ceremonies. The Cao Dai, Buddhists, Hoa Hao Buddhists, Catholics, and Protestants all proceeded with their ceremonies on private lands and not at their public places of worship. This event strongly demonstrated that many religious groups could not register their activities officially and so could only practice their religions on private premises. For example, regarding the Hoa Hao Buddhists, the state only recognizes the Central Executive Committee of the Hoa Hao Buddhist Organization. If the Hoa Hao Buddhists organize any ceremonies with people gathering, they would be deemed to have violated the law. 

There are also no reports of government-recognized and registered religious organizations that have organized to observe this day.

State events

1. On August 9, 2019, Prime Minister Nguyen Xuan Phuc and senior officials met with 126 religious leaders from all the government-approved religious institutions in Danang City. This meeting was held to promote the state’s management and propaganda among the leaders of these religious organizations. 

According to the People’s Daily newspaper, Nguyen Xuan Phuc acknowledged that Vietnam leads the world in religious equality because it is a country that does not have ethnic or religious intolerance.

According to the government’s electronic gateway, the prime minister has alleged that there have been situations where people have abused religious freedom for the purpose of engaging in national separationism, and to complicate security, social order, and to affect Vietnam’s reputation. Nguyen Xuan Phuc declared two extreme points to guide religious practice in the country:

  •  All religions must join with the government, follow the laws, and resolve all conflicts with openness and goodwill along with the authorities.
  • All religious leaders and their members must  be loyal to the great ethnic unity of the state, and refuse to be used by civil society groups that have activities related to “democracy, human rights, and religious freedom.”

2. On August 29, 2019, Australia proceeded with the Human Rights Dialog with Vietnam in its capital in Canberra. It was the 16th dialogue between the two countries. In the previous dialogue, Australia expressed its concerns to Vietnamese authorities about the limitations on civic space for civil society organizations, limits on civil and political rights, and the increase in harassment, arrests, and the detention of human rights activists.

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Religion

Updated Report on Freedom of Religion in Vietnam – July 2019

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Introduction to the first report

Dear Readers:

Religion and beliefs play an essential part in everyone’s life. There are people who practice their faith by going to a church, a temple, or just praying in their own homes. This colorful picture of religious practice is actively ongoing with many different patterns.

Religious institutions also play a role in the background of a country’s civil society. Before 1975, there were many religious institutions maintaining schools, hospitals, charity organizations, and more in the south of Vietnam. Throughout Vietnam’s history, religious institutions have played a significant role in the life of our people.

However, after the war ended in 1975, and the country was united into one, freedom of religion in Vietnam became lamentable. While the government has begun to recognize the polychromy of religions, at the same time, severe violations of freedom of religion continue to happen in Vietnam.

Because of the issues mentioned above, The Vietnamese and Luat Khoa magazines wish to share with our readers news about the freedom of religion in Vietnam through our monthly newsletter. You are reading the first update on this topic. 

Starting from July 2019, we began doing monthly updates on the situation of religion in Vietnam via a newsletter in Vietnamese published by Luat Khoa and with an English version appearing on The Vietnamese web site.

We sincerely hope to receive your feedback regarding improving our upcoming newsletters via the email address editor@thevietnamese.org

 The focus of the July 2019 Report:

  • Ho Chi Minh City authorities attempted to force the Thu Thiem Congregation of the Lovers of the Holy Cross and Thu Thiem Church to donate their lands for a road-building project along the Saigon River.
  • Two activists from Vietnam who focus on freedom of religion met with US President Donald Trump in mid-July 2019 to share information regarding violations of religious freedom in Vietnam in conjunction with a meeting with victims of religious persecution around the world.
  • Vietnam’s Ministry of Foreign Affairs alleged that the US Department of State’s International Religious Freedom Report was not objective because it relied on what it termed biased evidence.
  • Many baptized Vietnamese Montagnards living in Thailand seeking asylum were arrested and detained by Thai police this year, including women, on charges of illegal residence.

Changes in the law regarding religious practices

There were no legal changes regarding the issue of religion in Vietnam in July 2019. We will soon share with our readers the statutory regulations and how they affect freedom of religion in Vietnam.

Events that stood out during the month of July

Events by religious institutions

On July 17, 2019, together with many international victims who suffered violations of their freedom of religion, two activists from Vietnam – Luong Xuan Duong from Cao Dai Buddhism and Protestant minister A Ga – met with US President Donald Trump. They presented the US   president with details regarding the current situation of freedom of religion in Vietnam. Both Mr. Duong and Minister A Ga were being sponsored for political asylum in the United States and faced danger while advocating for religious freedom in Vietnam. This meeting took place at the second  US Ministerial Meeting to Advance Religious Freedom, which was attended by more than 100 foreign ministers and victims of religious persecution from around the world.

At the beginning of July 2019, a Luat Khoa journalist visited Vietnam’s Protestant Montagnards who fled their homes in the Central Highlands to seek asylum in Bangkok, Thailand. As of now, there are approximately 500 Montagnards who have sought refuge in Bangkok. After the arrest and detention of 133 Montagnards in August 2018, the community believed that the Thai authorities were still holding their relatives for illegal residence in the country. The Montagnards said that they had to flee from Vietnam because the authorities harassed, abused, and imprisoned them for their Protestant beliefs.

State events

On July 4, 2019, Vietnam’s Ministry of Foreign Affairs raised its objection to the International Religious Freedom Report that the US Department of State published. This report contains allegations that the current state of religious freedom in Vietnam is just as miserable as in previous years. It also raises the case of six members of Hoa Hao Buddhism being harassed by local authorities, the persecution of Protestants in the Central Highlands, as well as individual members of religious institutions that the local authorities have not allowed to practice their religion. The Vietnamese Ministry of Foreign Affairs stated that the US Department of State received incorrect information and so was unable  to objectively judge freedom of religion in Vietnam. Le Thi Thu Hang, spokesperson for MFA, said that Vietnam would cooperate and that it would enter into a dialogue with the US regarding freedom of religion in the country.

According to Thanh Nien newspaper, the Ho Chi Minh City People’s Committee has decided to join with the People’s Committee of the Second District to sternly advocate the Church of Thu Thiem and the Thu Thiem Congregation of the Lovers of the Holy Cross turn over their lands to be used in a project to build roads along the banks of the Saigon River, which is the site of the Thu Thiem New City project.

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