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Vietnamese Government Celebrates National Day By Violating Its Own Constitution

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Today| marks the 73rd year since Ho Chi Minh stood at Ba Dinh Square on September 2, 1945, and proclaimed that all people shall enjoy their natural rights in the pursuit of happiness. Thus, it is quite hard to imagine that the current regime – who is supposedly following Ho Chi Minh’s teachings – has decided to mark such an auspicious occasion with a stern, yet illegal, warning to all citizens: do not go out and protest.

But that is precisely how the Vietnamese authorities have decided to honor the birth of their nation this year, by loudly ordering the people not to participate in any form of public demonstration on Vietnam’s Independence Day.

Throughout August, high-ranking officials in the Vietnamese Communist Party have taken turns assaulting the human right to assembly, a right enshrined in Vietnam’s 2013 Constitution.

First, it was To Lam, head of the Ministry of Public Security (in charge of the national police force). Lam assured the Standing Committee of the National Assembly on August 13, 2018, that the police would take all possible measures to prevent people from participating in protests after he was admonished by Committee members for the mass protests that took place in June.

A few weeks later, Hanoi city leader and high-ranking police official Nguyen Duc Chung also vowed that he would not allow “any crowds to publicly gather” under his watch during Independence Day weekend.

Several state-owned media outlets during the past week “coincidentally” published articles condemning both the June 10th protestors and the call on social media accounts for a nationwide protest on September 2nd. The government seems to blame overseas groups, some of which have been declared “terrorist organizations” in recent years by Vietnamese authorities.

News has also surfaced both on social media and on official news agencies that the police have arrested a small number of individuals disseminating information “against the state”, including one who was caught trying to enter Vietnam through Cambodia with several weapons.

Minister To Lam has publicly congratulated the police forces of Binh Dinh and Phu Yen provinces for arresting the armed individual whom the government believes to be a member of Viet Tan, one of the aforementioned overseas groups. Viet Tan denied this accusation on the same day the individual was arrested.

While no protest broke out today, the political sphere remains tense, and Vietnam is not in much of a celebrating mood compared to previous years.

The Special Economic Zones draft bill is still dangling over citizens’ heads. The people are continuously wary of their country becoming ever more dependent on China.

The government is not exactly helping, with the national bank announcing last Thursday that the Chinese renminbi could soon be used in trading activities along the country’s northern border, starting in October.

There were also reports of the internet being down – again – due to cable issues during the last week of August (the fourth time in 2018 thus far). In Vietnam, internet outages often “coincide” with periods of social and political turmoil, as was observed when Vietnamese protested the Taiwanese steel mill, Formosa Ha Tinh, back in May 2016.

Earlier this month, activists were also brutally assaulted by police officers for simply gathering at a small concert in a Ho Chi Minh City cafe. Many of these activists were also placed under surveillance this holiday weekend.

Are the reactions from the Vietnamese government in August just overblown paranoia or do they have reason to fear the people?

It is difficult to say.

However, we do know from the writings of several state-owned newspapers that the government is extremely wary of anything remotely resembling the “color revolutions” or the Arab Spring in Vietnam. They prefer to take pre-emptive measures, using all means to prevent demonstrations, even if doing so would mean breaking their own laws and constitution.

Moreover, the Vietnamese government does not distinguish between peaceful dissidents and those who call for a violent overthrow of the government, and the case of one of their most famous political prisoners, Tran Huynh Duy Thuc, is the best example.

Thuc was sentenced to 16 years imprisonment back in 2009 for “subversion against the state,” and the evidence used to uphold the conviction included his writings pleading with the government to take rapid and immediate action to preserve economic growth and avoid over-dependence on China.

Before his arrest, Tran Huynh Duy Thuc was one of Vietnam’s most successful entrepreneurs, with the government unable to find any evidence of wrongdoing within his multi-million dollar business after raids. Western countries have offered Thuc political asylum on multiple occasions, but he refuses to leave his country to live in exile.

His latest defiant act—a hunger strike—protesting what he calls “an unjust judicial system,” again put the Vietnamese government in a predicament: they could not justify his imprisonment to the increasingly informed public. September 2, 2018 marks the 20th day of Thuc’s hunger strike.

Up until last month, Thuc had received the longest sentence for a political prisoner: 16 years imprisonment, followed by 5 years of house arrest.

In August, the record was surpassed by Le Dinh Luong, who was sentenced to 20 years imprisonment, again for “subversion against the state.” Luong was known by his peers as an activist who campaigned against the environmental destruction caused by corporations and development projects.

The VCP has managed – especially in recent years – to ensure that its human rights records rival that of its big Communist brother, China, with more suppression and harsher sentences against activists.

But will more suppression lead to a stable and peaceful society as the VCP hopes for, or will blurring “peaceful dissent” with “subversion against the state” further chip away at the government’s legitimacy? The answer remains unclear.

What we do know, however, is that history has never been on the side of regimes that refuse to engage in dialogue with dissenters, that refuses to heed the people’s discontent. One need only look at Vietnam’s own history to see this fact in action.

Human Rights

Legal Briefing On Democracy Activist Pham Thi Doan Trang’s Arrest

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Photo Courtesy: Pham Doan Trang Facebook.
Photo Courtesy: Pham Doan Trang Facebook.

Pham Thi Doan Trang, a leading democracy activist and a prominent Vietnamese journalist, was arrested on October 6, 2020 in Ho Chi Minh City by Vietnamese police.

Here is a legal briefing updated on the morning of October 9, Vietnam time.

What allegations has the Vietnamese government made against Pham Thi Doan Trang?

Doan Trang is charged with “conducting propaganda against the Socialist Republic of Vietnam” under Article 88 of the 1999 Penal Code, and “making, storing, spreading information, materials, items for the purpose of opposing the State of the Socialist Republic of Vietnam” under Article 117 of the 2015 Penal Code (revised in 2017).

This is a bit complicated. Why are they charging her with two crimes under two separate penal codes? Here is the context:

The 1999 Penal Code (revised in 2009) was replaced by the 2015 Penal Code. The 2015 Penal Code went into effect on January 1, 2018 after being revised in 2017.

The two crimes that Doan Trang is charged with are almost the same. Here is the text:

Article 88. Conducting propaganda against the Socialist Republic of Vietnam

1. Those who commit one of the following acts against the Socialist Republic of Vietnam shall be sentenced to between three and 12 years of imprisonment:

a) Propagating against, distorting and/or defaming the people’s administration;
b) Propagating psychological warfare and spreading fabricated news in order to foment confusion among the people;
c) Making, storing and/or circulating documents and/or cultural products with content against the Socialist Republic of Vietnam.

2. In the case of committing less serious crimes, the offenders shall be sentenced to between 10 and 20 years of imprisonment. 

Article 117. Making, storing, spreading information, materials, items for the purpose of opposing the State of the Socialist Republic of Vietnam

1. Any person who for the purpose of opposing the State of the Socialist Republic of Vietnam commits any of the following acts shall face a penalty of five to 12 years’ imprisonment:

a) Making, storing, spreading information, materials, items that contains distorted information about the people’s government;
b) Making, storing, spreading information, materials, items that contain fabricated information that causes dismay among the people;
c) Making, storing, spreading information, materials, items to cause psychological warfare.

2. An extremely serious case of this offence shall carry a penalty of 10 to 20 years’ imprisonment.

3. Any person who makes preparation for the commitment of this criminal offence shall face a penalty of 1 to 5 years’ imprisonment.

What does this mean?

Here is the date you need to remember: January 1, 2018. That’s the day the new and current penal code took effect.

The only reason Doan Trang is charged with the same crime under both the old and current penal codes is that the government has been “investigating” her activities both before and from January 1, 2018.

Some people suspect that Doan Trang is linked to the Dong Tam case as she authored and distributed two Vietnamese-English reports on Dong Tam (in February and September 2020). Some others think her case is mainly about her role at the Liberal Publishing House, a samizdat publisher founded in February 2019. But the two charges suggest that the police take the case further than that.

What did Doan Trang do before 2018?

Her famous book titled “Politics for the Common People” was published in 2017, and there was a report on the environmental disaster in central Vietnam in 2016. She has been involved in international advocacy work since 2013 and she also played a role in the environmental protest movement in Ha Noi in 2015, as well as other activities

Who is in charge of the investigation?

The Investigation Bureau of the Ha Noi Police. 

Although the arrest was jointly conducted by Ha Noi Police, the Ho Chi Minh City Police, and the Ministry of Public Security (MPS), the lead agency is the local government of Ha Noi.

According to the MPS website, the Investigation Bureau of the Ha Noi Police was the organization that opened the case and filed charges against Doan Trang. The People’s Procuracy of Ha Noi later approved these motions. It is unclear when the motions were filed and approved.

Where is Doan Trang now?

The latest information from the mainstream media is that Doan Trang has been transferred to Ha Noi. Ha Noi Police confirmed the information with the Tuoi Tre newspaper.

Where exactly is Doan Trang being detained? Her family told us that they were informed by Ha Noi Police in the evening of October 8 that she is being detained at Detention Center No. 1 (also known as the new Hoa Lo Prison) in Tu Liem district of Ha Noi.

How long is the pre-trial detention expected to be?

According to Article 173 of the Criminal Procedure Code, as the crime Doan Trang is charged with falls under either the very serious or extremely serious categories of both penal codes, the time limit for detention is four months, and can be extended once for three months.

However, if Doan Trang’s case is categorized as an extremely serious type, the procuracy can extend the detention twice, for four months each time.

The process may be prolonged due to requests for further investigation from the Procuracy or the provincial-level court of Ha Noi. In this case, it could become very complicated as with the case of blogger Nguyen Huu Vinh, who was detained for 22 months before going to trial.

When will Doan Trang be allowed to meet with attorneys and receive family visits?

It’s unclear whether or not Doan Trang will be allowed access to legal representation and to receive family visitation.

According to Article 74 of the Criminal Procedure Code, “the head of the Procuracy is authorized, when confidentiality of investigations into national security breach is vital, to sanction defense counsels’ engagement in legal proceedings after investigations end.”

Articles 88 and 117 fall under the national security chapter of the Penal Code, and therefore access to lawyers is not guaranteed. Even if a lawyer is granted permission to assist Doan Trang, his or her access to the accused, in practice, is not always guaranteed.

Family visitation, according to Article 22 of the Law on Temporary Detention and Custody, depends on the decision of the head of the detention facility. If the investigative agency requests the detention facility not allow the detainee to meet with relatives, the facility head may accept the request, and Doan Trang will not be able to see her family before trial. It’s highly unlikely the facility head would reject such a request by the police.

Here is what the law says:

Article 22. Meetings with relatives, defense counsels and consular access of persons held in custody or temporary detention

[…]
4. The head of a detention facility may not allow a visitor to meet a person held in custody or temporary detention in the following cases, for which he/she shall clearly state the reason:

a. The visitor, who is a relative of the person held in custody or temporary detention, fails to produce his/her personal identity papers or papers proving his/her relationship with such person, or the case-settling agency has requested in writing the detention facility not to let such person meet with his/her relatives for the reason that such a meeting may seriously affect the settlement of the case; the visitor, who is a defense counsel, fails to produce his/her personal identity paper or paper on the defense for the person held in custody or temporary detention;
[…]

If visitation is granted, Doan Trang’s family can visit her once a month, with each visit lasting no longer than one hour.

What’s next?

We don’t know when the investigation will be completed or when Doan Trang will be presented before the court. However, here is what we can expect:

  • The People’s Procuracy of Ha Noi will issue an indictment prosecuting Doan Trang.
  • The trial will be conducted by the People’s Court of Ha Noi, a provincial-level court.
  • After the trial, if Doan Trang appeals, the case will go up to the People’s High Court in Ha Noi, a tribunal higher than provincial level and lower than the supreme level. Usually, political cases stop after the appellate.
  • There is no chance that the case will be brought to the People’s Supreme Court, the highest tribunal of the land, as it requires motions filed by either the prosecutor general or the chief justice, both controlled by the very ruling Communist Party that wants to silence critics to protect their monopoly.

Contact Trinh Huu Long: long.trinh@liv.ngo.

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News

Ranked 32nd Most Powerful Country in the World, Communist Vietnam Set to Assume Greater International Role in 2020

Ranking comes on heels of defense white paper release detailing foreign policy, assumption of ASEAN chairmanship and UN seat

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U.S. News and World Report ranked Communist Vietnam the 32nd most powerful country in the world in 2019, placing it ahead of nearly all of its peers in the region, with the exception of Singapore, which came in 20th. Of the 80 countries included in the survey, Indonesia ranked 47th, the Philippines 51st, Myanmar 53rd, Thailand 54th, and Malaysia 58th.

The magazine defines powerful countries as those who “consistently dominate news headlines, preoccupy policymakers and shape global economic patterns” and forms its rankings “based on an equally weighted average of scores from five country attributes that related to a country’s power: a leader, economically influential, politically influential, strong international alliances and strong military.”

Communist Vietnam rose two spots in the rankings from 2018, bolstered in particular by its high score for “strong military”. The country’s weakest attribute was its lack of “strong international alliances”, an area which is unlikely to improve, according to the country’s recently released defense white paper.

Communist Vietnam released its 2019 defense white paper November 25, in both English and Vietnamese. It has released such reports irregularly, in 1998, 2004, and 2009. Photo: VNExpress

The paper was the first of its kind released in more than a decade, and at its official launch November 25, Deputy Minister of National Defense Senior Lieutenant General Nguyen Chi Vinh highlighted the “4 No’s” that would guide Communist Vietnam’s foreign policy: “Vietnam will not join any military alliances, will not associate with one party to oppose another, will not allow foreign countries to set up a military [base] in the country…” and “will not use force or threaten the use of force in international relations” unless it is under attack.

In an interview with VNExpress, Vinh defended the country’s policy of no military alliances, stating that “Being a part of such an alliance means you have to completely align with one side and possibly have to confront the other, which means more enemies. Vietnam does not stand by any side but peace, reason, justice, and international laws.”

In writing the white paper, the Central Military Commission (CMC, the highest party organ in Communist Vietnam on military policy) and the Ministry of National Defense (MND) said they consulted with representatives of former senior military leaders, as well as with members of the public who expressed reservations about non-alignment.

The CMC and the MND defended their position, equating non-alignment with independence: “Countries that are members of such an alliance will be placed under the leadership of one country, normally a large and powerful one, and will have to adhere to that union’s principles, even when they are not entirely compatible with the country. Member nations of such a bloc will no longer be independent and have the autonomy to decide things on their own.”

Vietnam watchers have acknowledged that the country’s one-party regime is in a difficult position politically, and an active alliance with either the US or China would bring about its own set of challenges, some existential.

The country’s policy of pacifism, self-defense, non-alignment, and multilateralism, however, belies the strong language it uses against encroachment in the East Sea and even stronger language wielded against “hostile forces” in the domestic realm.

Without explicitly calling out China as the culprit of “unilateral actions” and “power-based coercion”, a section in the white paper makes Vietnam’s opposition clear:

New developments in the East Sea, including unilateral actions, power-based coercion, violations international law, militarisation, change in the status quo, and infringement upon Viet Nam’s sovereignty, sovereign rights, and jurisdiction as provided in international law, have undermined the interests of nations concerned and threatened peace, stability, security, safety, and freedom of navigation and overflight in the region.

Communist Vietnam uses even less-restrained language for its domestic opponents, whom it considers to be at virtual war with:

The hostile forces who conspire with reactionaries and political opportunists inside the country have no given up their plots against the Vietnamese revolution. They focus on destroying political, ideological foundation with a view to eliminating the leading role of the CPV and the socialist regime in Viet Nam, “depoliticising” the VPA, sowing division in the entire nation’s great unity, and driving a wedge between the people and the CPV and the VPA.

“Hostile forces” and “reactionaries” “against the revolution” are blanket phrases that the Vietnamese Communist Party (VCP or CPV) reserves for those who seek to end the Party’s monopoly on power. State media routinely uses these terms to describe activists, dissidents, and those who advocate multi-party democracy and liberal values. That the Vietnamese communist revolution ended in 1986 with capitalist market reforms has not abated the usage of these anachronistic and binary terms.

The VCP also implicitly acknowledges the threat social media and online sources of information pose to “national defense”, and similar to other authoritarian, one-party states, conflates Party security with national security. A cybersecurity law that sparked nationwide protests in 2018 went into effect at the beginning of 2019, and the end of 2019 has seen an upsurge of Vietnamese citizens arrested for writing Facebook posts critical of the communist regime.

According to the white paper, Communist Vietnam’s defense spending totaled approximately 5.8 billion USD in 2018, equivalent to 2.3 percent of GDP, an increase from 2.23 percent in 2010. For comparison, the United States spends 3.2 percent of GDP on defense, while China spends only 1.9 percent.

The full English copy of Communist Vietnam’s 2019 defense white paper can be found here, courtesy of Carlyle Thayer, emeritus professor at The University of New South Wales, Canberra.

Communist Vietnam is also set to assume the rotating chairmanship of the Association of Southeast Asian Nations (ASEAN) from 2020-2021, where according to Thayer, the country will be “in a position to exert strong leadership on Code of Conduct issues [in the East Sea] through bilateral consultations with other ASEAN members and by setting the agenda and issuing the Chairman’s statement at all relevant ASEAN meetings and at all ASEAN Plus meetings.”

Though ideologically aligned with China, Communist Vietnam has often been the lone member of ASEAN to speak up forcefully against Chinese activities in the East Sea, a trend which looks to continue. Vietnam’s deputy foreign minister, Nguyen Quoc Dung, commented at a lecture at The Institute of Southeast Asian Studies in Singapore that he “hope[s…] during our chairmanship China will show restraint and refrain from these activities [that violate Vietnam’s Exclusive Economic Zone],” adding that “it wasn’t that other ASEAN countries supported China’s actions, but that they did not protest in the same way.”

Disputed claims in the East Sea (also known as the South China Sea or the West Philippine Sea). Photo: The Economist

The ASEAN chairmanship rotates through its ten members annually, in alphabetical order. Communist Vietnam last served in the position in 2010.

Concurrently, 2020 will also see Communist Vietnam serve as a non-permanent member of the UN Security Council (UNSC), a position which it bid on and won by unanimous vote. The two-year term will begin in January 2020, and joining the country on the UNSC will be Estonia, Niger, Saint Vincent and Grenadines, and Tunisia.

According to The Diplomat, “during [Vietnam’s] campaign for the seat and in comments thereafter, officials have indicated that [their goals] would generally include areas such as promoting sustainable development and advancing preventive diplomacy, drawing on Vietnam’s own historical experience with war and peace as well as contemporary events such as its hosting of the second Trump-Kim summit.” Communist Vietnam last held a seat on the UNSC in 2008-2009.

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Free Press

Minister of Propaganda Says Vietnam’s Press Should Serve Party, Prevent “Self-Evolution”

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At a conference on “Strengthening Party-building Work in Press Organizations” last Friday, Mr. Vo Van Thuong, head of Communist Vietnam’s Central Propaganda Committee, reminded attendees that the press must serve the Vietnamese Communist Party (VCP) and the revolution in order to function “stably” and “without error”. 

Referring to a government plan ratified earlier in the year to develop and manage press throughout the country until 2025, Thuong stated that the time for debate had passed and that strict implementation was now key. According to state media and in sentiment echoed by Thuong, the press serves as “an important channel to fight against incorrect information, fake news, news critical of the regime, and that which makes people lose trust in the Party-State.”

In his remarks at the conference, Thuong stressed the importance of ideological work in press organizations and making sure Party cadres and Party members guard against signs of political, ideological, and moral decay. In particular, Thuong warned against signs of “self-development” and “self-evolution”, negative terms that refer to the shift towards liberal democratic values–values which are anathema to the ruling Communist Party.

In this vein, Thuong took to admonishing journalists who lacked “proper training” and were critical of society but not sufficiently critical of themselves. He also stressed the importance of proper training for leadership and suggested greater oversight of the Party committees and organizations involved in press organizations, particularly when it comes to adherence to Party regulations.

“In order to help press organizations develop self-awareness and a more proper nature, we should do as a number of comrades have stated: ‘Sometimes those who educate [Party members and cadres] must themselves be educated’,” Thuong stated.

Thuong reminded attendees that Vietnam’s journalists were journalists of the revolution, journalists of the Party, and journalists of the state; as such, they should work closely with the Central Propaganda Committee, the Ministry of Information and Communication, various central Party committee blocs, and the Vietnamese Journalists Association, in order to strengthen the leadership of the Party.

The plan approved April 2nd of this year also seeks to streamline Communist Vietnam’s press environment, limiting government bodies to one newspaper and one magazine, with a shift to electronic rather than print forms, and with the “Vietnamese Communist Party E-Newspaper” and the Central Propaganda Committee serving as the “core” of the country’s press structure. 

Along with head of propaganda, Thuong is also currently a member of the Politburo (short for “Political Bureau”, the leading body of the Vietnamese Communist Party), and the secretary of the Central Committee (from which members of the Politburo are chosen). In the past, Thuong was deputy secretary of the Ho Chi Minh City (HCMC) Standing Committee, first secretary of the Central Committee of the HCMC Communist Youth Union, and secretary of the Quang Ngai Provincial Party Committee.

According to Reporters Without Borders, Vietnam ranks 176th out of 180 countries in terms of press freedom. Although freedom of the press is guaranteed by Article 25 of the 2013 Vietnamese Constitution, Communist Vietnam is a one-party, authoritarian state that does not tolerate challenges to its power. It controls all official media, newspapers, and publishing houses in the country and regularly censors material that does not conform to sanctioned historical or political narratives.

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