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Vietnam: Court Sentenced Doctor For Involuntary Manslaughter, Ignited Public Outrage

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Dr. Hoang Cong Luong at his first trial in 2018. Photo courtesy: vietbao.vn

On January 30, 2019, The People’s Court of Hoa Binh Province found Dr. Hoang Cong Luong guilty of involuntary manslaughter and sentenced him to 42-month-imprisonment.

The verdict caused an outcry across different sectors in Vietnam’s society, especially among other doctors who did not agree with the court’s reasoning.

They believed that Dr. Luong did not breach his duty of care as a medical doctor.

Dr. Luong was a former nephrologist at Hoa Binh General Hospital who was charged with involuntary manslaughter for failing to check the RO (reverse osmosis) water before initiating a hemodialysis treatment in May 2017, causing 18 patients to suffer anaphylactic-like symptoms – eight of whom later died as a result.

A total of seven people were put on trial this year for “involuntary manslaughter” under Article 98 and “negligence of responsibility, causing serious consequences” under Article 285 of the 1999 Penal Code.

The case was initially tried in May 2018 where Dr. Luong was charged with Article 285. The court dismissed the case and returned the file to the prosecution for re-investigation in June 2018.

The prosecution came back and formally filed charges against Dr. Luong for involuntary manslaughter in December 2018. The second trial commenced in January 2019.

According to the trial court’s verdict of yesterday, Dr. Luong was guilty because he failed to wait for the documentation confirming the water’s safety before initiating the dialysis. Instead, Dr. Luong relied on the verbal confirmation of the staff in charge.

The court’s reasoning also put Dr. Luong in the position of a gatekeeper, which many doctors disagreed and argued that would have required nephrologists to be more than medical service providers.

According to these Vietnamese doctors, the failure to wait for the appropriate documentation was only an administrative mistake, not enough to constitute his criminal culpability.

They also argued that other doctors would have used the same method as Dr. Luong because having the documentation – in reality – does not make any difference compares to the verbal confirmation of the staff before starting the dialysis. Delaying the dialysis to wait for the documentation could also cost the patients their lives.

According to the community of doctors standing with Dr. Luong, when faced with such circumstances, whether he had waited for the documentation or went ahead with a verbal confirmation, nothing could have changed the fact that the water was contaminated and Luong could never detect such contamination.

The evidence at trial also established that the water in question was contaminated due to improper cleaning performed by the maintenance staff.

One of the witnesses, Nguyen Huu Dung, the Head of the Dialysis Department of Bach Mai Hospital in Hanoi, testified that the responsibility to maintain the water safety was one of the maintenance department, not the treating physician.

Regardless of the testimony from the experts and the doctors’ community standards, the court still decided Dr. Luong had committed involuntary manslaughter.

Throughout the process, not only the public and the doctors’ community stood by Dr. Luong, but all of the victims’ families have also pleaded with the court to exonerate him. Their action constituted one of the conditions under Vietnam’s laws which could exempt Dr. Luong from criminal liability under Article 29, Penal Code of 2015.

While the new penal code only took effect on January 1, 2018, which was after the alleged medical malpractice had happened, Vietnamese laws allowed the retroactive application of any section that could have benefited the accused.

For his defense, Dr. Luong should have been able to use any section involving the extenuating circumstances, and other exemptions from criminal liability under the recently amended 2015 Penal Code, to defend his action. That did not happen.

The public outrage, in this case, started since its commencement where the director of the hospital, Truong Quy Duong, was first exempt from prosecution and was able to leave the country to go abroad to Canada back in 2018.

Due to public pressure and Dr. Luong’s lawyers’ argument, he was later charged with negligence and had to return to stand in the second trial.

Other doctors had pointed out that the absence of a national standard for dialysis procedures should make the Ministry of Health liable in this case as well.

The case also revealed more unanswered questions regarding the maintenance of the RO water system being used in dialysis at Hoa Binh General Hospital.

As the director of that hospital, should the responsibility of overseeing the maintenance and operation of all departments belongs to Truong Quy Duong, and that he should have been ultimately held liable for the death of the patients?

The case of Dr. Hoang Cong Luong has become one of the most controversial criminal cases in recent years, underlining issues that challenge Vietnam’s legal system today and in years to come.

People questioned the neutrality and fairness of the court and the role of the prosecution in this case. Was the prosecution’s decision to file charges against Dr. Luong for involuntary manslaughter done according to laws?

Not only there is a lacking of the standard of care for doctors in medical malpractice cases in the country, but also, there are other criminal procedures’ issues that urgently need reform, such as evidence admissibility and the standard for expert witnesses’ testimony.

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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New Visa Rules Make It Easier for Foreigners to Work, Invest in Vietnam’s Coastal Economic Zones

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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.

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Freedom of expression

In Prolific Day, Vietnam Sentences Six Dissidents to Prison for “Anti-state” Activities

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Nguyen Chi Vung (top), Pham Van Diep (middle), Vo Thuong Trung, Doan Viet Hoan, Ngo Xuan Thanh, and Nguyen Dinh Khue (bottom, left to right) . Photo sources: Kien Thuc, Binh An, and Nguoi Lao Dong newspaper, respectively. Composite photo created by Will Nguyen.


In a particularly damaging day for Vietnamese dissidents, six individuals were sentenced to a total of 26 years in prison for opposing the Vietnamese Communist Party (VCP) and the Socialist Republic of Vietnam (SRV). The convictions on November 26, 2019 bookend an active month for Vietnamese security forces, who have arrested and convicted numerous individuals for their on- and offline “anti-state” activities. 

Nguyen Chi Vung, 38, was sentenced to six years in prison by a court in the southern Mekong Delta province of Bac Lieu. Vung was convicted under Article 117 of the 2015 Penal Code for “Making, storing, distributing or disseminating information, documents and articles against the SRV”. According to Reuters, Vung had “held 33 livestream sessions on Facebook ‘to share distorted information’ and ‘encourage people to participate in protests during national holidays’”.

Pham Van Diep, 54, was convicted under the same article, with a north-central Vietnamese court in Thanh Hoa sentencing him to nine years in prison and five years probation. His indictment stated that he had a nine-year history of expressing online dissent and that he made frequent Facebook posts criticizing the VCP leadership and SRV policies. According to Tuoi Tre newspaper, he had previously printed and distributed anti-SRV flyers in the Lao capital city of Vientiane. On June 28, 2016, Diep was arrested by Laotian authorities, tried in February of 2018, and sentenced to 21 months in prison for “using the territory of the Lao People’s Democratic Republic to oppose neighboring countries”. Lao authorities took him to the Vietnamese border one month after his trial, where he was allowed to re-enter Vietnam.

In Dong Nai, a province bordering the southern hub of Ho Chi Minh City, four individuals were convicted under Article 118 for “Disruption of security”. According to Vietnamese Human Rights Defenders, “[t]he four convicted were arrested on April 25, 2019, for their intention to participate in a peaceful demonstration scheduled on April 30 to mark the 34th anniversary of the fall of the US-backed Saigon regime”. Vo Thuong Trung, 42, and Doan Viet Hoan, 35, were each sentenced to three years in prison, while Ngo Xuan Thanh, 49, and Nguyen Dinh Khue, 41, each received 28 months.

The convictions of these six individuals in one day comes a little over a week after 43-year-old music teacher Nguyen Nang Tinh was sentenced to 11 years in prison and five years house arrest for violating Article 117. According to his lawyers, a Facebook account making anti-SRV posts used the same name as their client. However, they said the account did not, in fact, belong to him. Tinh was arrested May 29, 2019 and convicted on November 16 in the north-central province of Nghe An.

Last week also saw the high-profile arrest of Pham Chi Dung, a journalist with a doctorate in economics, and a founding chairman of the Independent Journalists Association of Vietnam. Dung, 53, is a former VCP member and is known for his incisive political and economic critiques of both the VCP and SRV. He has written for Voice of America, BBC, Radio Free Asia, NBC News, Nguoi Viet, and Asian Nikkei Review.

Dung’s arrest has been noted by the European Union and condemned by Reporters Without Borders, who hailed him as “an outspoken Vietnamese journalist and leading press freedom defender who for years has been trying to help create an open and informed civil society in Vietnam that is not controlled by its Communist Party.” He is currently being held at the Phan Dang Luu Detention Center in Ho Chi Minh City, one of two centers in the city where political dissidents are usually held while they are being investigated (the other being Chi Hoa Prison). He faces up to 12 years behind bars.

Although freedom of speech, press, and assembly are all guaranteed by Article 25 of the 2013 Vietnamese Constitution, the SRV is a one-party, authoritarian state that does not tolerate challenges to its power. It routinely arrests and convicts activists under Articles 117 and 118 of the penal code, as well as Article 331, which cites  “Abusing democratic freedoms to infringe upon the interests of the State”. Such broadly defined articles are regularly used as a catch-all to target citizens who criticize the VCP or demand political reform. The SRV has long claimed that it does not jail prisoners of conscience, only individuals who violate the law. Human rights groups say the two are not mutually exclusive.

Addendum: On November 28, 2019, two more individuals in Dong Nai were convicted under Article 117. Huynh Minh Tam, 41, and his sister Huynh Thi To Nga, 36, were sentenced to nine and five years of prison, respectively, for making Facebook posts critical of the SRV.


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