On October 23, 2018, General Secretary Nguyen Phu Trong took the oath of office as the new president of Vietnam. He was the only candidate introduced by the Central Committee of the Vietnamese Communist Party (VCP).
Earlier in the day, the National Assembly confirmed Trong by 99.79% in a secret vote, effectively making him one of the most powerful men in the history of the VCP, right up there next to Ho Chi Minh and Le Duan.
Approximately one month after the funeral of the late president, Tran Dai Quang, the country is about to face a new era under the absolute leadership of Trong.
Being both the leader of the VCP and the head of state, Trong now possesses the kind of power that has been unseen in Vietnam during the past several decades.
As state-owned media praises his accomplishments and compares him to Ho Chi Minh, for better or worse, Trong now has the opportunity to lead the country towards an unprecedented future.
However, great power indeed comes with great responsibilities. For the time being, President Trong’s agenda should take a serious look at a few urgent matters.
Vietnam’s Cybersecurity Law of 2018
International human rights groups, such as Amnesty International and Human Rights Watch, have rebuked Vietnam with harsh criticisms regarding its new cybersecurity law throughout this year.
In a country that ranks 175/180 on the latest Reporters Without Borders’s Press Freedom Index, and is listed as “not free” by Freedom House, the internet plays a vital role in providing Vietnamese citizens with an alternative public sphere. It is where they could express themselves, criticize the authorities, and even mobilize opposition.
With the new bill, the government seeks to further restrict the people’s freedom of expression and their freedom to access the internet.
The government plans to do this by targeting service providers and tech giants, such as Facebook and Google, requiring them to store users’ personal data inside Vietnam and to turn such data over to the police upon request.
The seemingly unlimited power of the police in enforcing the new law – which appears to lack any judicial oversight as detailed in the draft decree released in early October 2018 – raised the most concerns. It also prompted civil society groups to call on the government to indefinitely halt its effective date of January 1, 2019.
A few even suspected that Vietnam’s new cybersecurity law could very well be the late president’s brainchild. After all, it was during Tran Dai Quang’s tenure as the head of the Ministry of Public Security in 2014 that the national police force formed the Bureau of Cybersecurity.
Quang also authored the book “Cyberspace: Future and Action” published in 2015 by the MPS, where he outlined the very concept that has become the backbone of the new law which emphasizes the issue of national sovereignty in cyberspace.
Even in his last days, Tran Dai Quang still refused to take any action on the controversial bill.
According to Vietnam’s laws, once the National Assembly passes a bill, the president will have 15 days to sign an order publicizing it to complete the process. But back in June 2018, Quang disregarded the plea made by close to 30,000 Vietnamese netizens via an online petition asking him not to publicize the new law.
However, the new President Trong may not be able to ignore the mounting opposition to the cybersecurity bill.
As the third cycle of Vietnam’s Universal Periodic Review (UPR) is rapidly approaching in January 2019, one of the most controversial items to be discussed is expected to be this new law.
Moreover, just this month, Vietnam is one step closer to sealing the deal with the EU for a Free Trade Agreement, one that is believed to be the most ambitious trade deal in which the EU has made with a developing country.
The EV-FTA, nevertheless, comes with a human rights clause where a material breach could allow the other side to suspend the entire agreement unilaterally.
Both domestic and international rights groups have analyzed and concluded that the new cybersecurity law violated numerous international human rights standards.
It is likely that Vietnam, under President Trong’s leadership, will have to address and provide a reasonable resolution regarding this issue before the EU Parliament meets in the spring of 2019 to consider whether it should ratify the FTA.
Wrongful Death Penalty Cases
The life of Dang Van Hien, a farmer who killed three workers of an investment company that was involved in land disputes with him and other farmers in his village in Dak Nong Province in almost a decade, is now in the hands of President Trong.
The case had captured the attention of the entire nation, raising serious questions about the reality of land disputes and land grabbing in Vietnam.
Over 3,000 people signed an online petition immediately after an appellate court in Ho Chi Minh City affirmed Hien’s death sentence, asking the government to spare his life.
People believed that there were extenuating circumstances in the case that should overturn the death sentence given to Hien, and they were calling on the president of Vietnam to grant him a reprieve.
In response to the people’s plea, about one month before his passing, Tran Dai Quang had taken notice of Dang Van Hien’s death sentence.
In a letter addressed to both the Supreme People’s Court and the Supreme People’s Procuracy Office, Quang requested them to review and report the case to the president’s office.
Dang Van Hien would be the fourth death penalty case which requires President Trong’s immediate attention.
During the past decade, three wrongful death penalty cases also captured national attention in Vietnam: Ho Duy Hai, Nguyen Van Chuong, and Le Van Manh.
Under Vietnam’s laws, the president has the power to pardon death-row inmates and grant a reprieve in criminal cases.
Since 2005, Le Van Manh had undergone a total of seven court hearings, including three trials, three appeals, and one cassation trial. In total, he has been on death row for 13 years.
Nguyen Van Chuong has been kept on death row for 11 years, while Ho Duy Hai was sentenced to death ten years ago.
All the requests for cassation trials and reviews of their sentence were ignored, leaving these three men languishing on death row for more than a decade while their family members, with minimal means, have tried desperately to save them.
As recent as October 10, 2018, on World Day Against the Death Penalty, these families again attempted to raise public awareness by advocating for their release in Hanoi.
During Truong Tan Sang’s presidency (2011-2016), he had granted reprieves for 179 death row inmates. In December 2014, President Sang also personally signed an order indefinitely halting Ho Duy Hai’s execution after a public outcry about his case erupted on social media.
These four well-publicized death penalty cases should become one of President Trong’s priorities.
It is not only a matter of saving lives, but these cases also carry the Vietnamese people’s hope to see justice being carried out.
The Ongoing Fight Against Corruption
The VCP has meticulously crafted President Trong’s image as a “clean” politician.
It was his public dedication to fight corruption in Vietnam that distinguished him from his political foe, former Prime Minister Nguyen Tan Dung, during their rivalry for the VCP’s top leadership position, in which Trong came out as the winner in February 2016.
However, the strong demand for Trong to disclose his personal assets as required by law, first initiated by a group of former VCP members back in May 2018, has been making headlines again in recent months.
Feeling the pressure mounting during the days leading to his inauguration, the Party provided statements from members of the National Assembly on the same day he took office as the new president, asserting that they had reviewed his assets declaration and that it showed that Trong was “absolutely clean.”
Corruption remains a critical problem for Vietnam, and it will require President Trong’s immediate attention as it is believed to be the roots of other social and political issues in the country.
According to Transparency International’s Corruption Perception Index in 2017, Vietnam was rated 35/100, putting the country among the group of “highly corrupted” nations.
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
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.
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.”
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.
Minister of Propaganda Says Vietnam’s Press Should Serve Party, Prevent “Self-Evolution”
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.
New Visa Rules Make It Easier for Foreigners to Work, Invest in Vietnam’s Coastal Economic Zones
On November 25, the National Assembly (NA) of Vietnam passed amendments to its Law on Entry, Exit, Transit, and Residence of Foreigners that would allow visa-free entry into coastal economic zones, as well as enable visa status changes from inside the country. The amendments were approved with 83.6% of the vote and go into effect July 1, 2020.
The amendments stipulate that in order for a coastal economic zone to quality for the visa-free exemption, it must be separate from the mainland, possess clearly defined territory and boundaries, have an international airport, and must not compromise national security or national defense.
Of note in the amendments is the alternate phrasing “special administrative-economic unit” used to refer to areas affected by the new law. The phrase “special economic zone” (SEZ) is considered sensitive after nationwide protests broke out in June of 2018, in opposition to a Special Economic Zones (SEZ) law that was being considered before the NA. The law would have established SEZs in Van Don, Bac Van Phong, and Phu Quoc, but widespread concern that the SEZs would be overrun by Chinese investors prompted the NA to shelve the law.
Some Vietnamese have noted that Van Don and Phu Quoc of the previously-shelved SEZ law both qualify for visa-free entry under the new amendments, sparking concerns that the government is attempting to circumvent popular opposition. Representatives of the NA themselves have expressed concerns that opening up these areas to visa-free travel may pose a national security threat and have requested greater government regulation.
But Vo Trong Viet, chairman of the NA Committee on National Defense and Security, has argued that “the amendments would make it easier for foreigners to stay in Vietnam to learn about the market, and look for jobs and investment opportunities without wasting time and money on immigration procedures.”
Also included in the amendment is a stipulation allowing foreigners to change or renew their visa status while inside Vietnam, instead of having to leave the country entirely, as was previous practice. The amendment allows for visa changes by individuals in specific circumstances: “visitors who can prove they are investors or representatives of foreign organizations that make legal investments in Vietnam” and their family members, as well as foreign workers who receive job offers or enter with e-visas (provided they have the requisite work permit or work permit exemption).
Vietnam’s National Assembly, elected in 2016 and currently in its 14th session, consists of 496 members, 475 of which belong to the Communist Party (the remaining 21 are independents). Though largely considered a “rubber stamp” parliament due to a lack of public consultation and debate, discussions over pieces of legislation have increased in recent years, and the NA has begun to assume a larger political role in the eyes of the public. The NA meets twice a year to formally ratify laws, with individual members serving five-year terms.
Elections for the 15th session of the NA are set to take place in 2021.
Updated Report on Freedom of Religion in Vietnam – December 2019
Updated Report on Freedom of Religion in Vietnam – November 2019
Updated Report on Freedom of Religion in Vietnam – October 2019
Updated Report on Freedom of Religion in Vietnam – September 2019
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