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Human Rights

Vietnam: State-Owned People’s Army Newspaper Defamed Independent Media, Civil Society Organizations

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The defaming article was broadcasted on VTV1 - the national TV Broadcast in Vietnam. Photo credits: Facebook Hien Trinh.

On March 25, 2019, in what could have been a classic libel case, the online newspaper of the Vietnamese Armed Forces defamed some independent newspapers, media, and civil society organizations, including our Vietnamese site – Luat Khoa magazine in an article written by author Nhat Minh.

Vietnam’s national television VTV 1 also broadcasted the same article during its morning news on the same day.

The article accused Luat Khoa magazine and its editor-in-chief, Trinh Huu Long, to have received support from Viet Tan, an overseas Vietnamese political party that has been classified as a “terrorist organization” by the regime.

Among other things, it also alleged that independent newspapers, media, and civil society organizations such as Luat Khoa, Cong Hoa TV, Vietnam Path Movement, and so forth, were promoting “fake democracy,” and that the real intention of these organizations was to misrepresent information about the Vietnamese Communist Party and the government by portraying them in a negative light.

According to the author, some forms of citizen journalism and blogging by individuals who exposed wrongdoings and injustice in society could be criminal conducts.

Examples of bloggers recently imprisoned for exercising their freedom of expression, such as Phan Kim Khanh and Nguyen Van Hoa, were named in the article to support the writer’s position.

The article, in many ways, reinforced the Vietnamese government’s view of independent media in the country. It was this very same view which probably had put Vietnam at number 176 out of 180 on the Reporters Without Border’s World Press Freedom Index in 2018.

It may be a challenge for Vietnam to name one independent media from the list of over 800 news outlets it often uses to prove press freedom exists in the country.

Nevertheless, the article suggested criminal prosecution against the activists and journalists operating these organizations. It also called for stronger and more effective collaboration from the tech companies – such as Facebook and Google – in compliance with the new cybersecurity law.

The article reconfirmed what the Vietnamese government has continued claiming in the past one and a half years, that Facebook has already established a separate channel to resolve requests from Vietnam regarding any information deemed to have violated the country’s social media (rules).

It also paraphrased an unnamed official from the Cybersecurity Bureau of the Ministry of Public Security (Vietnam’s National Police Department) and declared that “Google and Facebook both found Vietnam’s cybersecurity law is ‘suitable’ and will research on amending their policies to be in line with Vietnam’s law.”

The article included a quote from Ann Lavin – Google’s Director of Public Policy and Government Affairs in Asia-Pacific – stating that “Google would respect and follow the domestic laws of host countries, including Vietnam.”

However, the author failed to make it clear to the readers that Ms. Lavin’s quote was taken from a conversation she had with the then Minister of Information and Communication, Truong Minh Tuan, in January 2018 – almost one year before the new cybersecurity took effect. The fact that she is no longer working at Google was also left out.

The article did provide statistics on the removals of contents allegedly done by Google and Facebook upon the government’s request.

It stated that by “the end of June 2018, Google had removed 6,700/7,800 clips from YouTube – a Google’s product – including 300 clips carried subverting contents, inciting subversion against the VCP and the government and 6 YouTube channels got blocked completely.”

It further claimed that “Facebook also removed 1,000 links (out of 5,000 requests) which were deemed to have violated Vietnam’s laws, 107 fake accounts, 137 accounts that defamed, misrepresented, and propagandized against the VCP and the government.”

The information listed on the Google Transparency Report and Facebook’s Government Requests Report for 2018 does not seem to exactly collaborate the claims in the People’s Army Newspaper’s article.

However, these companies’ reports did show a worrying trend of increasing content restrictions in Vietnam and the seeming willingness of tech giants to comply with the government’s requests.

Among the four requests for contents removal from Vietnam listed by Google during the reporting period dated between January-June 2018, we found a particularly troubling one.

Accordingly, the Authority of Broadcasting and Electronic Information, Ministry of Information and Communications in Vietnam had asked Google to remove “over 3,000 YouTube videos that mainly criticized the Communist Party and government officials.” Google admitted that they “restricted the majority of the videos from view in Vietnam, based on Decree 72.”

Decree 72 is a controversial legal document, seeking to curtail the people’s ability to share information on the internet in Vietnam since 2013, half a decade before the cybersecurity law came into existence.

As for Facebook, their reports indicated that the company had complied with a total of 265 content restrictions requests from the Vietnamese government during the first six months of 2018 compares to 22 requests from July-December 2017.

Facebook also released some Vietnamese users’ data to the government upon requests under legal process and emergency requests.

From January-June 2017, Facebook received four requests involving five accounts where they released some information to 25% of the requests. From July-December 2017, Facebook released information in response to 38% of the eight requests, affecting 12 user accounts.

In the first six months of 2018, however, the Vietnamese government made a total of 12 requests which involved 26 accounts, but Facebook only released data in response to 17% of the requests.

The above statistics showed a concerning trend because, before 2017, Facebook’s transparency report indicated that it had never released users’ data to the government under any circumstances.

Reports from Vietnamese activists on the grounds in the past 12 months, however, also indicated a much larger number of accounts removal and content restrictions on Facebook.

Death Penalty

After Decade of Petitions, Vietnam to Re-consider Case of Death Row Inmate Ho Duy Hai

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After more than 10 years of petitioning the Vietnamese government, Nguyen Thi Loan (pictured above) says a huge weight has been lifted off her shoulders. Her son, Ho Duy Hai, who had been found guilty of murder in 2008 and was sitting on Vietnam’s death row for eleven years, now has another chance at life.

On November 30, 2019, the country’s highest prosecutor’s office (the Supreme People’s Procuracy, or SPP) announced that “Ho Duy Hai’s case suffered from serious procedural shortcomings that affected the quality of evidence gathered” to prosecute him.

As such, the SPP has requested that Vietnam’s Supreme Court toss out all previous rulings, including the original 2008 conviction by a Long An provincial court, as well as a 2009 appellate judgment by the Ho Chi Minh City Supreme Court of Appeals which upheld the death sentence. The SPP’s latest request also supersedes its own October 2011 refusal to halt the sentence after repeated petitions from Loan.

Ho Duy Hai’s 2008 case involves the murder of two sisters, Nguyen Thi Thu Van, 22, and Nguyen Thi Anh Hong, 24, who were killed at Cau Voi Post Office in Long An province, which borders Ho Chi Minh City to the southwest. The women, who both lived and worked at the post office, were found at the foot of a set of stairs, two meters apart, with their necks slit and their heads showing signs of blunt force trauma. The robbery and double murders occurred on the evening of January 14, 2008, about 4.5 kilometers from Hai’s house. It was not until two months later that Hai was implicated. He had known the two employees and could not provide an alibi the night of the murders. Police subsequently arrested him and charged him with murder on March 21, 2008.

Ho Duy Hai during his trial on December 1, 2008. Photo: Hoang Phuong / Thanh Nien.

Hai was only 23 when he was sentenced to death on December 1, 2008, but both he and his mother have consistently proclaimed his innocence. Though Hai could not remember clearly what he was doing the night of the murders, he claimed police beat and tortured him into falsely confessing.

Other cited shortcomings in the investigation included a lack of fingerprints at the scene of the crime to corroborate Hai’s “confession”, an inability to confirm the murder weapon(s), purchased items used to replace “lost” evidence at the scene of the crime, inconsistent witness testimonies, and a lack of time of death for the two victims to corroborate Hai being at the scene, among others.

For more than a decade, Hai’s mother petitioned all levels of government to intercede in her son’s case, even holding banners in front of the General Secretary, Prime Minister, and the President’s offices. She also enlisted the help of activists, dissidents, and human rights groups on social media to spread awareness. In December 2014, when Hai was only a day away from lethal injection, the Long An provincial court decided to temporarily suspend his sentence due to uproar over the nagging inconsistences in Hai’s case.

The case became so high-profile that National Assembly (NA) representative Le Thi Nga, who was the deputy head of the NA’s Judicial Committee at the time, became involved. She personally investigated the case’s inconsistencies, confirming that “there were serious violations committed by the police and prosecution in Hai’s case.” Her tenacity, attention to detail, and personal care for Hai’s mother has earned her praise on social media, who have held her up as a model NA representative.

Ms. Le Thi Nga, National Assembly representative, and deputy head of the NA’s Judicial Committee from 2007-2016. She is currently head of the Judicial Committee. Photo: Hoang Long / Vietbao

If the Vietnamese Supreme Court accepts this latest SPP request, then there are two possible outcomes for Hai: his case will either be suspended and all charges dropped or he will be re-investigated and re-tried.

If the Supreme Court decides the former, then Hai will walk away from death row a free man. If it decides the latter, then Hai’s case is essentially back to square-one, as if he had just been arrested. Hai would remain in police custody (i.e. virtually imprisoned, as is Vietnamese custom for those who have been arrested but not yet charged with a crime). The murders for which he was convicted would be re-investigated by police, after which the Long An prosecutor’s office would decide whether to charge Hai with a crime. If they do, then the trial, sentencing, and appeals process would repeat itself. If they don’t, then Hai has yet another path to freedom.

Regardless of the outcome, Hai’s mother is all gratitude for what has been achieved so far: “I want to thank every soul, both inside and outside the country, for caring so deeply for Hai. I will be grateful to you all for the rest of my life, for supporting my family and walking together with us on this long path.”

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Freedom of expression

Two Human Rights Groups Issue Joint Statement Against Harassment of Independent Publishing House

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Amnesty International and Human Rights Watch have condemned the Vietnamese government for their escalating harassment of an independent publishing house.

Liberal Publishing House, established February 14th, 2019, seeks “to promote human rights and freedom of information in Vietnam by printing and publishing books without censorship from the Vietnamese government”, in a mode similar to samizdat operations in former communist countries of Eastern Europe.

In a statement issued November 27th, Amnesty International and Human Rights Watch stated that Vietnamese “police have harassed and intimidated dozens of people connected to the Liberal Publishing House […] in what appears to be a targeted campaign” against both the publishing house’s readers and workers.

The statement also describes a situation in which police “detained and allegedly tortured a man in custody on October 15 in Ho Chi Minh City, allegedly to force him to confess to working for the publisher. Police detained him for more than 12 hours, during which time he was repeatedly beaten until his nose bled. Since being released he has gone into hiding, fearful of re-arrest.”

The police harassment has been nationwide, striking the three major Vietnamese cities of Hanoi (north), Hue (center), and Ho Chi Minh City (south), as well as the central provinces of Quang Binh and Quang Tri, the south-central province of Phu Yen, and the southern province of Binh Duong. Readers have reportedly been called into police stations for questioning and forced to sign statements declaring they will no longer purchase books from Liberal Publishing House; workers have reportedly been ensnared in police traps while carrying out deliveries.

Liberal Publishing House has acknowledged the police harassment and issued to its readers a series of precautions to take when ordering books, as well as what and what not to say when confronted by police. It has also made available for free a digital copy of its book A Handbook for Families of Prisoners to inform readers of their rights and guide them through the legal process.

Liberal Publishing House’s other titles include Politics for the Common People, Non-Violent Resistance, and the English-language title Politics of a Police State. Dissident blogger Pham Doan Trang, who recently received the 2019 Press Freedom Prize for Impact from Reporters Without Borders in September, is one of the publishing house’s main contributors.

Although freedom of the press is guaranteed by Article 25 of the 2013 Vietnamese Constitution, the Socialist Republic of Vietnam is a one-party, authoritarian state that does not tolerate challenges to its power. It controls all official media and publishing houses in the country and regularly censors material that does not conform to sanctioned historical or political narratives. 

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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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