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Human Rights

Wife of Arbitrarily Detained Facebooker: He Only Exercised His Constitutional Rights

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Tran Thanh Phuong and his wife, Le Thi Khanh, with one of the couple's daughter. Photo courtesy: Le Thi Khanh.

The Prime Minister of Vietnam, Nguyen Xuan Phuc, announced today at a preparatory meeting for the DPRK-US summit in Hanoi that the country needs to “prove to the whole world that it is peaceful, friendly and orderly … as (the core of) its culture, a way of life of Vietnamese people.”

The price to pay for such an image could very well be the freedom of those who dare to exercise their constitutional rights like Le Thi Khanh’s husband, Tran Thanh Phuong.

For almost six months, Le Thi Khanh, a garment maker in Ho Chi Minh City, has not been able to see her husband who was taken away by the local authorities since September 1, 2018.

Her husband is Tran Thanh Phuong, a Facebooker who has been in police detention for attempting to participate in a protest during the celebration of Vietnam’s National Day.

As a pre-emptive strike, the police “invited” Phuong to come to the local station to talk to them, but they then detained him without a formal arrest warrant, according to his wife.

At first, Khanh could still bring her husband food and meet him once a day at the local police station of their ward.

But on September 7, 2018, when she went to see her husband, the police told her they had transferred him to a different location yet refused to tell her where.

Khanh then went to the District’s Police Department to look up her husband’s whereabouts.

There, the police asked her to provide them with her marriage certificate before allowing visitation. Once she did, they promised her that she would get to see him on October 10, 2018.

Came October 10, 2018, Khanh packed some food to bring to her husband with high hopes that she could see him, but again she was disappointed.

The District’s police told her they had transferred him to No. 4, Phan Dang Luu Street which is the detention center under the Ho Chi Minh City Police Department, The Security Investigative Unit.

She immediately went to No. 4 Detention Center and was able to confirm that her husband was, indeed, held there.

Since then, she was only able to send him food every two months, but the authorities have yet to allow visitation.

She also has no idea what crimes her husband has been charged with because no one would tell her anything.

But Khanh was aware that Phuong was using his Facebook to look up information relating to Vietnam’s Constitution, as well as the exercise of their constitutional rights.

“My husband often read different groups’ postings on Facebook about disseminating our Constitution. He said we should read to gain our own knowledge so that when the police arrest us, we could know what rights we have and demand them,” Khanh told us.

Not being to know how her husband has been doing was an ordeal which Khanh went through in the past six months while trying to make end’s meet to raise the couple’s two daughters, entirely on her own now.

Tran Thanh Phuong has effectively been held incommunicado by various police forces in Ho Chi Minh City since September 7, 2018.

Khanh also told us that on October 15, 2010, the police even tried to summon her 13-year-old daughter to come in for questioning on the 19th regarding their investigation of the case.

She, of course, refused to comply with the outrageous request.

Phuong was alleged to be a member of a dissident group calls “Constitution” (Hiến pháp).

The group’s members have been arrested and detained arbitrarily by the Vietnamese authorities from September 2018 to date.

While the members acknowledged that they participated in the June 10, 2018’s mass protest against the then draft bills of the cybersecurity and the Special Economic Zones law, all information surrounding their activities – including those coming from the authorities – could not openly show their criminal liability.

One of them has been arrested, tried, convicted and sentenced to five-year-imprisonment.

In that case, the defendant – Huynh Truong Ca – was alleged by the government to have live-streamed 40 clips on Facebook criticizing the government, the Communist Party, and calling on people to exercise their constitutional right: participate in demonstrations.

Such conduct, however, not only could not constitute the legal merits of a crime but also was a person’s political opinion which international human rights law protects.

Notwithstanding international law standards, the government of Vietnam often violates even its constitution while suppressing people during protests and arresting them.

The 2013 Constitution guarantees all Vietnamese people the right to assemble and to demonstrate peacefully.

The absence of a valid constitutional protection mechanism, however, has allowed the government’s unlawful activities continued.

Crowd control’s measures in Vietnam were recently broadcasted internationally when the Hanoi’s security police detained and questioned the Kim Jong-un and Donald Trump impersonators duo ahead of the DRPK-US summit.

The police’s intention to avoid any remote possibility of people gathering during the event was apparent when they demanded the two’s itinerary while in Hanoi and had since surveilled their movements.

Spontaneous gatherings in public are frown upon by the VCP because its leaders could not and would not risk the chance – however slim – of having a protest breaks out, especially during a highly observed event like the Kim-Trump peace summit.

Since September 2018 to date, The Vietnamese has documented over a dozen incidents of arbitrary arrest and detention. More than half of them involved the members of the Constitution group where Tran Thanh Phuong is a member.

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Freedom of expression

Reporters Without Borders Calls For The Release Of Pham Doan Trang

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Pham Doan Trang. Photo courtesy: Thinh Nguyen

On April 7, 2021, Reporters Without Borders (RSF) released a press statement condemning the arrest of jailed Vietnamese journalist Pham Doan Trang

Phan Doan Trang, co-founder and editor of the online magazines The Vietnamese and Luât Khoa, and a recipient of the 2019 RSF Press Freedom Prize for Impact, was arrested at her home on the night of October 6, 2020. She was taken away by plainclothes policemen and has not been heard from since She has been denied access to a lawyer and her family has also been unable to contact her. Currently, she faces up to 20 years in prison under Article 117 of the Vietnamese Penal Code, under the charge of engaging in “anti-state propaganda”. 

Daniel Bastard, the head of RSF’s Asia-Pacific desk, says: “The Vietnamese Communist Party’s current leadership… needs to understand that history will hold them to account for the crackdown on press freedom …. They can save face by freeing Pham Doan Trang and all of the other unjustly detained journalists.”

This is not the first time RSF has demanded her release. On October 7, 2020, just one day after her arrest, it published its first statement which echoes much of the same sentiments here. It has also launched an international awareness campaign to fight for her cause. 


Support from Other RSF Laureates 

Several other RSF awardees have called for Phan Doan Trang’s immediate and unconditional release. They have also released several videos in various social media outlets to show their support for her, and to help bring this situation to the attention of the international community. 

Tomasz Piatek, a Polish journalist and an RSF prize recipient in 2017, addressed Vietnam’s leaders:, “I am asking you to release my friend from prison immediately and stop harassing and tormenting her for writing the truth. If you want to present yourself to the world as politicians and leaders of the Socialist Republic of Vietnam, you must immediately stop harassing your citizens and give your citizens the right to the truth.”

Swati Chaturvedi, an Indian journalist and Reporters Without Borders prize awardee in 2018, said, “RSF stands for the fight of all journalists. Please help and speak out for my colleague, my Vietnamese colleague Pham Doan Trang right now.”

Can Dündar, a Turkish journalist, documentary filmmaker and 2016 RSF laureate, similarly asked that the Vietnamese authorities release Phan Doan Trang and to respect the freedom of the media.

Inday Espina-Varona, a Filipina journalist and awardee of RSF’s Prize for Independence in 2018, stated that Pham Doan Trang “has been charged with disseminating information that opposed the state of Vietnam… [it is] every journalist and citizen’s obligation to criticise and when necessary to oppose policies and actions inimical to the welfare and rights of people… it is also the duty of journalists and citizens wherever we are in the world to stand up when those who seek to do the right thing are battered for their efforts.”


Statement from the Publication: 

The Vietnamese joins Reporters Without Borders and our other international allies in demanding for the expedient release of Pham Doan Trang. The trumped-up charges against her are clearly false and the only thing she is guilty of is providing Vietnamese citizens with accurate and independent information free from the manipulation and misdirection of the Vietnamese government and its selfish misguided agenda.

The fight for freedom, democracy, and a better tomorrow for Vietnam continues and we at The Vietnamese will do our part to see this through till the end. 

To show your support for this cause, kindly consider signing this petition for the swift release of our co-founder, colleague, and friend. 

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Human Rights

The Women Of Possibilities

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From left: Pham Doan Trang, Can Thi Theu, Nguyen Thuy Hanh. Photo: Luat Khoa Magazine/PhotoMania.

This article was published in Vietnamese by Luat Khoa Magazine on March 8, 2019. The translation was done by Will Nguyen. More than two years after the Vietnamese article was published, all three women in this article have been arrested and charged with national security laws in Vietnam. We do not want their stories to go in silence, so we translate them to tell the world about who these women are: the women of possibilities.


March 8, is International Women’s Day, and Vietnam celebrates this holiday wholeheartedly.

However, no mainstream newspapers will write about the three women in this article. No organizations will honor them. No solemn ceremony will have them as guests. And among those who “care” about them the most are usually…the Vietnamese police.

They say things few people say.

They do things few people do.

They’ve accepted risks that few people dare accept. 

In actuality, they’re part of a world that few care about or dwell on; for these individuals, few are willing to stand by their side.

The women we speak of in this special piece represent the hidden aspirations, the beautiful reflections, the burning dreams of an entire nation. They’re singing for us a song of freedom, nurturing a better future for each and every one of us.

Nguyen Thuy Hanh

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Activist Nguyen Thuy Hanh. Photo: Huynh Ngoc Chenh. Graphic: Luat Khoa Magazine.

In February of 2016, a wave of independent candidates competed for seats in the National Assembly, setting off a movement that was the largest of its kind in post-1975 Vietnam. Approximately 30 candidates had signed up, only for the “consultation” process to remove them from the roster. Nguyen Thuy Hanh was among them.

Different from Party-nominated candidates, independent candidates announced their action plans. And different from nearly all independent candidates, Nguyen Thuy Hanh was the rare voice that included women’s rights in her platform. She called for stricter laws on violence against women and human trafficking, encouraged job creation, and pushed for education policies and legal support for women.

Born in 1963, Nguyen Thuy Hanh is a Hanoi woman whose soul is full of art and romance. She has participated in civil society struggles since the 2011 anti-China protests, when protesting was especially taboo not just in the minds of state officials but the vast majority of ordinary citizens.

Over nearly eight years, having participated in tens of protests and having been beaten and arrested many times, she has witnessed Vietnamese society slowly change, from opposing the right to protest to respecting and then supporting it. When boisterous, nationwide protests broke out on June 10th, 2018 and tens of thousands of people took to the streets to oppose the Special Economic Zones and Cybersecurity Laws, Nguyen Thuy Hanh was perhaps one of the most elated, for her contributions had normalized what had previously been one of the most “sensitive” acts in society. 

However, Nguyen Thuy Hanh’s name is more often connected to the “50k Fund”, which she created to financially support prisoners of conscience and their families.  The fund started at the beginning of 2018, originating from a brief, online fundraiser to help a number of activists on trial. Hanh had received several fold the amount requested and thus, the idea for a future fund to help activists at-risk unexpectedly came into being.

The 50k Fund aimed to help with difficult situations lesser known to the public, and its name was purposefully chosen to encourage people to donate small amounts, rather than >50,000 VND (~2.20 USD), popularly believed to be the minimum for charity. Such small amounts also assuaged donor fears of police harassment.

To this day, Nguyen Thuy Hanh’s 50k Fund has received thousands of donations, totaling many billions of VND (~hundreds of thousands of USD), all of which are documented in detail on her public Facebook account.  

The 50k Fund’s meaningfulness goes beyond providing prisoners of conscience everyday material support. It also awakens the emotions of ordinary citizens, encouraging them to care more about politics and helping them overcome the intangible fear constraining their hearts and minds. The 50k Fund normalizes and makes concrete that which is considered “political” or “sensitive”, bringing to citizens the full splendor and meaning of civil society struggle.

A lover of beauty and romance, Nguyen Thuy Hanh draws a long, brilliant stroke for the Vietnamese democracy movement.  

Can Thi Theu

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Peasant leader Can Thi Theu. Photo: RFA. Graphic: Luat Khoa Magazine.

People normally think of peasant leaders as something from their history classes, as figures only found in textbooks. But Can Thi Theu is a real-life, flesh-and-blood peasant leader, a heart beating strongly within the body politic.

The life of this courageous woman is connected to the phrase “Duong Noi’s disenfranchised citizens”. Duong Noi is a ward in Ha Dong District. Prior to 2008, it was part of Ha Tinh Province, but today, it has been incorporated into Hanoi. Can Thi Theu’s name is probably not mentioned very often in domestic or international press, and she doesn’t have her own English-language Wikipedia page. From 2007, she became one of thousands of disenfranchised citizens who lost their land when the government forcefully reclaimed agricultural and cemetery land in Duong Noi for new urban construction projects.

The “disenfranchisement” of farmers like Can Thi Theu lies in their complete exclusion from the process, from project planning all the way to land acquisition.

They were not consulted about compensation or relocation assistance, and the government did not provide them any kind of vocational training after taking away their livelihoods. Furthermore, the gravesites of their ancestors were leveled without notification of their displacement.

As a woman born in the year of the Tiger (1962), Can Thi Theu rose among the thousands of disenfranchised citizens to become leader, with her strategic mind, her ability to see in the short- and the long-term, and her skill in thwarting police tactics.

Her leadership skills also manifest in her ability to endure and sacrifice for others, forever taking the hit while protecting those in her care. She is patient and looks past the small, unimportant details to achieve the peasant movement’s longer-term goals. It must be remembered that these farmers lost their land 12 years ago; it’s not easy to keep Duong Noi a hot topic to this day.

The price that Can Thi Theu had to pay was not small. She was twice imprisoned (2014 – 2015 and 2016 – 2018) for a total of two years and 11 months, for obstruction of officials and disturbing public order.

From prison in the Central Highlands, she wrote a letter home to her fellow citizens before the 2017 Lunar New Year: “Fight to the end, to demand the return of our land, our right to live, and our rights as human beings, which the communist regime has stolen from my family and those who share our plight.”

You read that properly. Northern farmer Can Thi Theu is not afraid of calling out the “elephant in the room”, the direct perpetrators of the injustice that she and farmers like her have had to endure.

Can Thi Theu became the face of one of the greatest forms of injustice that Vietnamese citizens contend with, when she fell victim to the Vietnamese Communist Party’s larcenous land policy, which it has consistently carried out for decades.

She is also a living representative for those fighting to abolish “universal ownership” of land, seeking to establish legitimate, private land ownership rights for every individual. Every act in Vietnamese history has been intimately tied to land, and Can Thi Theu has placed herself center-stage for the next.

Pham Doan Trang

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Activist Pham Doan Trang. Photo: Tri Dung. Graphic: Luat Khoa Magazine.

If someone believed that it was impossible to be a bona-fide journalist in Vietnam’s mainstream media environment, then Pham Doan Trang proves the opposite. She has 12 years of experience as a sterling journalist at VnExpress, VietNamNet, and Ho Chi Minh City Law, with reams of critical stories and excellent documentations.

If someone believed that journalists and intellectuals in Vietnam faced insurmountable political restrictions, then Pham Doan Trang proves the opposite.

She constantly embarks on endless explorations to (un)cover the most sensitive, most dangerous, most censored topics.

She also does not limit herself within the rigid confines of mainstream newspapers; instead, she uses all the tools at her disposal to write and publish. Independent newspapers, overseas newspapers, blogs, social media, samizdat—Doan Trang has adeptly utilized them all to convey information to her readers.

For Doan Trang, the concept of “hitting the ceiling” is completely foreign; she is forever someone who lifts those ceilings so that others may have more breathing room.

If someone believed that they were unable to surmount material, physical, and even spiritual difficulties, then Pham Doan Trang proves the opposite.

A small and frail woman with numerous scars and injuries, she has had to endure countless assaults by police, drifting through more than 35 different locations across the country over the past 20 months to escape police pursuit and continue her work.

She lives frugally, no different from those provincial students in the 90s, who left to study in the city, but people would see her write consistently and prolifically.

Politics for the Common People, Non-violent Resistance, and Studying Public Policy Through the Case of SEZs are just some of the many titles she’s penned over the years.

Born in 1978, Doan Trang belongs to the post-war generation and grew up when the country and the world were changing at dizzying speeds. Unsatisfied with the disorderly state of the country, people like Doan Trang saw it as their role to address these disorders. For her, there is always work to do, and she does so, without rest.

Doan Trang swears by a lifetime oath: to never leave Vietnam, not even for a day, while it remains without democracy. 

Doan Trang personifies fierceness and does not compromise with evil or cowardice. But she is also full of romance and forever searches for beauty in the strums of a guitar.

She inspires people to stand up, to take steps and discover the beauty of politics. With knowledge and vigor, she represents for many the aspiration for a democratic Vietnam, the light of hope in the dark depths of despair, and the ability for oneself to embody that hope.

Doan Trang talks the talk and walks the walk, inspiring many with what could be; her life, simply put, is a powerful testament to what could be.


The three women in this piece embody the possibilities. They have defied political and gender stereotypes that weigh down their every step. The meaning of March 8th has never lain in flowers or gifts; it lies in the women who fight for what is right and just.

This March 8, we reserve flowers for women like Nguyen Thuy Hanh, Can Thi Theu, and Pham Doan Trang.

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Politics

Ho Chi Minh – From Political Monument To God Of Prayers – Part 2

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The religious teaching documents of the "Way of Ho Chi Minh as the Jade Buddha". Photo: phatgiao.org.vn.

This article was written in Vietnamese by Vo Van Quan and was previously published in the Luat Khoa Magazine on February 1, 2021. 


The religion Way of Uncle Ho aims to start a spiritual revolution in order to save the nation from foreign enemies, both past and present. This revolution also aspires to harmonize the balance between the worlds found in this religion’s metaphysical framework. These worlds include the Heavenly realm, the Buddha’s realm, the Earthly realm, and the Yin realm.

“A spiritual heavenly revolution.

Replace the old, change to the new. This religion will bring the people and our country up and we will no longer be slaves of others.

From now on there will be a new order. By the law of God, by the demand of our ancestors.”

According to the teachings of this religion, the Heavenly realm rules over the other three realms. However, the blasphemous behavior, attitude, and way of worship in the Earthly realm destabilizes the harmony of the other worlds.

This religion espouses that, because of Ho Chi Minh’s achievements, the purity of his soul, and his moral conduct on earth, his soul was “elected” to become the leader of the Heavenly Palace upon passing away. Henceforth, he leads the spiritual revolution which claims to promote the right path to reach heaven in the material world.

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Photo: Hochiminh.vn.

In Chapter 4 of “New Religions and State’s Response to Religious Diversification in Contemporary Vietnam,” the author Hoang Van Chung summarizes the eight issues that this revolution wants to address:

1. A mistaken understanding of the origins of the Vietnamese people and the their neglect of ancestor worship;

2. The overuse of joss paper and objects;

3. The incorrect performance of traditional rituals to the Mother Goddess;

4. A mistake in dating the death anniversary of Ho Chi Minh;

5. The invalidity of rituals of spiritual possession;

6. The pervasive worship of foreign spirits and gods, such as the Indian Buddha, Jesus Christ, and Chinese spiritual figures (Guan Yin or Bodhisattva);

7. Disrespect for heroic martyrs; and

8. Making mistakes in medical diagnosis and the treatment of illnesses caused by spiritual entities.

The religious texts of the Peace Society state:

“In the twenty-first century

The first Vietnamese Buddha was born.”

Monism has since become the motto of Ho Chi Minh’s religion. This religion states that the Vietnamese people can only worship the Vietnamese Buddha: “Uncle Ho.” Worship of any other foreign power also goes against their tenets and beliefs.

“Do not worship foreign gods

We worship our own Buddha in our country.”

Most importantly, Vietnam is seen as the leader of the entire revolutionary process that determines the future of mankind; this demonstrates a somewhat extreme form of nationalism.

“Vietnam is the eldest son of the Emperor.

Born first in the Earthly world.”

If people disobey the Jade Buddha’s commands, natural disasters, epidemics, wars, and social disorder will befall human society. This punishment is therefore not limited to  just one nation or to one group of people, but extends to the entire world. 

What is the Way of Uncle Ho’s religious practice?

The Ho Chi Minh religion has its own form of exorcism and this practice, in general, is very popular in the north. However, Madam Xoan believed that those who perform this act, if they come from the Mother Goddess religion or other popular sects, would often lose their cognitive abilities. On the contrary, Madam Xoan claimed she was a disciple of the Jade Buddha, so she could hear and preach the voice of the Jade Buddha without losing her reason.

As for worship, adherents of this religion are guided to worship Ho Chi Minh at home.

These worshipers have an altar that includes a statue or photo of Ho Chi Minh, the Communist Party’s version of the Vietnamese flag, and a bowl of incense. This altar should also be higher than all other altars in the house. Each day believers are required to offer fresh flowers, cakes, or fruits. Prayer is optional, but burning joss paper and other objects is prohibited. Their holidays also follow the official Vietnamese national holiday calendar which somewhat shows the religion takes a political stance.

One of the Ho Chi Minh Shrines in Ben Tre. Photo: The Vietnamese.

With respect to mass religious gatherings, the Peace Society spends most of its time performing activities such as the annual ancestral worship ceremony, which obviously includes Ho Chi Minh and the martyrs. They also provide magic spells and incantations.

It is also quite interesting to note that the Way of Uncle Ho has a very high anti-Chinese sentiment.

According to the leaders of the Peace Society, evil spirits are the wandering souls of the Chinese invaders who died years ago. They still haunt Vietnam, harm the people’s health, and negatively influence the future of the nation.

“Don’t listen to evil spirits. In the past, they were the enemy who deceived us and harmed us.

They admired evil and always wanted to invade our country.”

When the Hai Duong 981 drilling rig entered Vietnamese territorial waters in 2014, Madam Xoan and 400 other followers gathered, prayed, and condemned the behavior of the enemy in the north, the Chinese.

“I pray to Uncle Ho, he will pour out the safe water

[…] So that he could protect our sovereignty over seas and islands

from being  invaded, in heaven and on earth.”


Madam Xoan has repeatedly tried to register this religion with the Vietnamese government, but the answer from officials is usually to wait for a decision from their superiors. She is also believed to have close connections with more than 30 figures in the central government, including scientists working in state agencies, ministry officials, and intellectuals interested in studying and learning about this religion.

According to research estimates, there are believed to be more than 10,000 official followers of the Way of Uncle Ho, and major ceremonies take place with more or less a thousand believers in attendance. This is a significant figure if you consider the fact that other domestic religions are slowly dying.

In addition, although not officially recognized, the followers of Ho Chi Minh’s religions, such as the Jade Buddha, receive approval from the government, along with the ability to exercise their freedom of religion easier than others. 

However, these were the study’s conclusions up to the time of publication (2017). 

In more recent times, the Way of Uncle Ho as the Jade Buddha has also fallen under the close scrutiny of local authorities. For example, the People’s Public Security newspaper published an article that claimed the Way of Uncle Ho had used Ho Chi Minh’s image with “misguided claims,” such as alleging that it “received Uncle Ho’s blessings” and its leaders offered some medicinal leaves to cure all diseases of the people. The authorities of some provinces, such as Vinh Phuc, also warned that this religion was an act of “illegal” religious activities. 

The Vietnamese government is now in a dilemma. Should it maintain the treatment of Uncle Ho as a well-loved political figure and expect all Vietnamese citizens to continue worshiping his life? Or will the authorities rein in the Way of Uncle Ho and other cults and illegal religions involving Ho Chi Minh, and deal with these religious activities as it has often dealt with other different religions in the country? Only time will tell us how the authoritarian government of Vietnam will act on this issue. 

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