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Loc Hung Garden Incident: Government’s Forced Eviction Is Without Legal Merits

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Photo Courtesy: Facebook Uyen Vu.

January 8, 2019| The forced eviction in the area known as Loc Hung vegetable garden in Ho Chi Minh City continued at daybreak today.

At about 5:50 A.M., Facebookers in Vietnam reported that hundreds of police and plainclothes security police had resumed their demolishment at Loc Hung. By 6:00 A.M., the authorities have arrested Cao Ha Truc, one of the leaders representing the Loc Hung residents in their land dispute with the government during the last 20 years, along with his wife.

Truc is among the group of people that have lived at Loc Hung all their life, beginning with his grandparents and parents who were migrating from the North of Vietnam after the Geneva Accord took effect and divided the country in half. The Catholics Church had given his family the land they lived on since 1954, and according to him, they have used it to farm vegetables all these years.

In an interview conducted by an independent news media, Tin Mung Cho Ngươi Ngheo, on January 4, 2019, Truc openly challenged the government on their legal grounds to enforce the eviction of the Loc Hung residents’ homes, asserting that there was no land recovery decision from the authorities.

A land recovery decision (quyết định thu hồi đất) is the first legal requirement to start the process of enforced eviction under Vietnam’s laws. (Article 71, Law on Land 2013).

Attorney Trinh Vinh Phuc (who was one of the defense lawyers for Will Nguyen – a Vietnamese American convicted for inciting public disorder when joining the June 2018 protest), was among a few lawyers who openly supported the residents of Loc Hung.

On his Facebook page, attorney Phuc agreed with Truc and the other residents that the enforcing authorities have yet to produce a land recovery decision to start the eviction process.

Moreover, the law further requires that fair compensation must be provided for the affected residents and that the government must assist with relocation.

Loc Hung residents repeatedly claim that the government did not comply with any of those requirements under the law.

While the image of bulldozers tearing down homes in forced eviction has become a familiar scene in Vietnam’s land dispute cases, the legality of such conduct by the enforcing authorities is questioned. The Law on Land 2013 required that the enforcement team must move both the people and their property outside the enforced area, perform proper inventory, and notify the owners with information on how to reclaim them. The enforcement should also be carried out during regular business hours.

However, according to human rights activist, Nguyen Ho Nhat Thanh, close to one thousand police officers have been mobilized throughout today to demolish Loc Hung garden. More news on social media indicated that the police were preparing for the demolishment throughout the night, turning on public speakers at maximum volume and asking the residents to leave the area.

Other bloggers reported that there were at least five bulldozers at the scene, tearing down people’s houses. Cao Ha Truc and his wife were both arrested today because they have been recognized as the residents’ leaders.

Like the days before, the local authorities also blocked off streets leading to Loc Hung and stopped people from entering the area. The security police of Ho Chi Minh City even surveilled the Church of Redemptorists and prevented the priests from leaving so that they could not go to Loc Hung to show support for the Catholic community there.

Starting from last night, witnesses described Loc Hung’s residents were living in a war-like zone. People were panicking and beginning to move out their property throughout the night in fear that the forced eviction would soon resume.

In the middle of the chaos, yet many residents still managed to gather for a candlelight vigil in front of Lady Mary statute and sang their prayers.

The estimated value of the lost property which the residents will incur is going to be in the billions of VND.

One of the most vulnerable groups living in Loc Hung is the community of some elderly veterans from the South of Vietnam’s army who do not have an immediate family. Most of these men received injuries during the war and because they were soldiers of the “old regime,” they were not given any opportunities or even proper healthcare under the current regime. Now facing homelessness, their already uncertain future appears to be even bleaker.

The house of former political prisoners couple, Pham Thanh Nghien and Huynh Anh Tu, is also among those going to be soon torn down at Loc Hung garden. Both of them are well-known dissidents who remain critical of the government after their releases from prison. The couple has a one-year-old daughter with asthma conditions living with them.

Southeast Asia and the Pacific office of Amnesty International has issued a call for action today, asking the public to contact the local enforcement authorities in Vietnam to demand them to cease their eviction activities in Loc Hung immediately.

Press Release

The Vietnamese: On Our Second Anniversary

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On November 8, 2017, the editorial board of The Vietnamese launched our website with only one purpose: to bring more information on human rights and the political situation in Vietnam to the international audience.

Two years ago, we realized that foreigners don’t really understand Vietnam and that that they don’t know what Vietnam’s politics are really like. They may not know that the sunny and relaxed place of tourism in the tropics has been controlled by a single political party for more than seven decades in the North and for more than 40 years in the whole of the country. The Vietnamese people live under an authoritarian state and so have no free and fair elections. They do not elect any of the leaders of their country because those leaders are selected behind closed doors by the Vietnamese Communist Party. Vietnam’s government is the type of regime that the Umbrella Movement was trying to avoid for Hong Kong people in 2014 when protests broke out.

As democracy activists, it has been a bit mind-boggling for us to see the world wholeheartedly support the rights of the people of  Hong Kong but while just giving a pass to us Vietnamese – a people who also believe in democracy – who continue to suffer under an authoritarian regime.

It was then that we decided that we needed to write in English about Vietnam. We felt a need to bring the stories and the lives of those who suffer when their human rights are being violated by the state and to make these stories more widely seen within international communities.

For two years, we have been working mostly voluntarily to bring forward our magazine’s objectives. More importantly, we have brought out the stories of our people and our human rights activists to the world. It has been two years with not a lot of financial support, but it was also two years in which we received tremendous human resources for free. We know that we are heading in the right direction when more people reach out and try to work with us when we have no means to pay them. We believe that they are happy to contribute because they understand that the world needs to hear our voices. The good news is that in 2019, we were successful in raising enough funds to pay for our freelancers and we hope that more writers will join us since we issued our call for more pitches one month ago.

We thank you, our readers, for your support and belief in us. We thank you and call on writers to walk with us and realize our goal to be a platform to advocate for each and every Vietnamese individual’s human rights and democracy. We call on all of you to share and raise your voices for our dreams, our visions, and to support our daily struggle for Vietnam to become a democratic country where the rule of law and human rights are respected.

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Press Release

The Vietnamese: Call for Pitches

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Dear Readers and Writers:

For the last five months, The Vietnamese has not been publishing regularly, something that you may have noticed. Our magazine was short on staff and it affected our publication. We are very sorry about any inconvenience it may have caused you. But here comes the good news. 

Starting in September 2019, we have been back and starting to use a new working scheme for our publication. Now we are reaching out to freelancers to submit pitches and work on articles to be published on our platform. 

As we have written in our mission statement for The Vietnamese, this magazine will be “a platform for each and every Vietnamese individual – who shares our dreams, our visions, and our daily struggles for a democratic country where the rule of law and human rights are respected – to raise their voice and bring their issues to the world stage.” 

We have probably also noticed some of the same issues as many of you, that Vietnam’s human rights situation and political scene were not being demonstrated as clearly as we want them to be on the world stage. Many of the critical issues that Vietnamese people care and are concerned about were not discussed in English writings. And now, this is the time that you can submit your pitches and start writing about what concerns Vietnamese people the most in terms of human rights, democracy, and political concerns.

Please be aware that as a magazine, The Vietnamese quite often does not publish very time-sensitive or breaking news. We decide on pitches at our weekly editorial meetings, and so it may take up to at least one week to respond to your pitch. Once we accept a pitch, it typically takes two weeks to one month before it is published as our editorial team is also made up of freelance and part-time staff, which may delay our response time. 

A few times a year, we will also be considering a specific call for pitches for certain themes and we will send out updates when there are such calls.

OUR RATES:

– US$200 for text (approximately 1,500 words for written pieces)

– US$200 for 7-10 minute (edited) video clips with English subtitles, US$150 for a recorded op-ed or interview. 

Invoices should be submitted after the article has been published on our website. We are committed to paying timely and promptly.

PITCH FORMAT:

Please answer all of these questions in an email to be sent to editor@thevietnamese.org or vi.tran@thevietnames.org. 

– What is your name?
– What section are you pitch to, is it written form  or video?
– What’s your idea? (Please be as specific as you can.)
– Who could you talk to or have access to?
– What makes this story interesting or insightful?
– When can you submit the first draft?
– Will you submit photographs with the article that you or another person has taken?
– Please provide any links to your previous published articles or videos.

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Press Release

Pham Doan Trang Received Prize for Impact from Reporters Without Borders’ 2019 Press Freedom Awards

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Photo credits: RSF

On September 12, 2019, our editor Pham Doan Trang had received the Prize for Impact from Reporters Without Borders’ Press Freedom Awards 2019 in Berlin, Germany.

Trang was not able to travel and received her award in person. Instead, our editor Trinh Huu Long and also the editor-in-chief for Luat Khoa magazine was representing Trang to accept it.

Being her colleagues, The Vietnamese magazine’s staff is delighted and honored that Doan Trang received the Impact award. We have all been inspired and moved by her tireless efforts – as she stated – to make sure that “journalism is not a crime anywhere in the world.” Together with her, we all work for Vietnam to soon be a democratic country.

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