Section 2. Respect for Civil Liberties, Including:
d. Freedom of Movement
The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government imposed limits on the movement of individuals, especially those convicted under national security or related charges or outspoken critics of the government.
In-country Movement: Several political activists on probation or under house arrest, along with others not facing such legal restrictions, were officially restricted in their movements. Authorities continued to monitor and selectively restrict the movement of many prominent activists and religious leaders, including Nguyen Dan Que, Pham Ba Hai, Nguyen Hong Quang, Thich Khong Tanh, Tran Ngoc Suong, Le Cong Cau, and Duong Thi Tan. Authorities continued to prevent activists from travelling by preventing them from leaving their houses during events that might draw great public attention. Several activists reported authorities had confiscated their national identification cards, preventing them from traveling domestically by air or conducting routine administrative matters.
During the September trial of 29 villagers from Dong Tam (see section 1.a.), security forces prevented Dong Tam residents, family members of the defendants, and prominent activists from leaving their homes. Villagers alleged government security forces actively stymied their efforts to travel to Hanoi to attend the trial.
Religious leaders were required to specify geographical areas where they would be preaching. Some reported that authorities told them that preaching outside of the approved areas was illegal, although enforcement was inconsistent.
Government restrictions required citizens and resident foreigners to obtain a permit to visit border areas, defense facilities, industrial zones involved in national defense, areas of “national strategic storage,” and “works of extreme importance for political, economic, cultural, and social purposes.”
Citizens (or their hosts) must register with local police when staying overnight in any location outside of their own homes; the government appeared to enforce these requirements more strictly in some Central and Northern Highlands districts. Foreign passport holders must also register to stay in private homes, although there were no known cases of local authorities refusing to allow foreign visitors to stay with friends or family. There were multiple reports of police using the excuse of “checking on residency registration” to intimidate and harass activists and prevent them from traveling outside of their place of registration (see sections 1.d. and 1.f.).
Authorities did not strictly enforce residency laws for the general population, and migration from rural areas to cities continued unabated. Moving without permission, however, hampered persons from obtaining legal residence permits, public education, and health-care benefits.
Foreign Travel: Prospective emigrants occasionally encountered difficulties obtaining a passport or exit permission, and authorities regularly confiscated passports of activists and government critics, at times indefinitely. There were multiple reports of individuals crossing the land borders with Laos or Cambodia illegally because they were unable to obtain passports or exit permission; in some cases, this included persons wanted for crimes and political or other activism.
The Ministry of Public Security continued to use foreign travel prohibitions against certain activists and religious leaders. Authorities banned and prevented dozens of individuals from traveling overseas, withheld their passports on vague charges, or refused to issue passports to certain activists or religious leaders without clear explanation; activists believed that international travel authorization was denied to reduce those activists’ opportunities to speak out against the Vietnamese government. Authorities also refused to issue passports to the family members of certain activists.
In May authorities refused without explanation to renew the passport of Catholic priest Nguyen Van Toan. Father Toan, who had a record of making critical statements about the government and participating in protests, later said he found a notation stating his passport was not renewed because he “conducted activities aimed at overthrowing the people’s administration.”
Section 3. Freedom to Participate in the Political Process
Citizens could not choose their government through free, fair, and periodic elections based on universal and equal suffrage and conducted by a secret ballot that guaranteed free expression and the will of the people. Although the constitution provides the ability to elect representatives to the National Assembly, people’s councils, and other state agencies directly, constitutional and legal provisions established a monopoly on political power for the CPV, and the CPV oversaw all elections. National Assembly elections take place once every five years by secret ballot. The constitution sets the voting age at 18 and allows candidates to run for election to the National Assembly or people’s council at 21. The last National Assembly election took place in 2016; the next one was scheduled for 2021.
Elections and Political Participation
Recent Elections: The 2016 National Assembly elections allowed limited competition among CPV-vetted candidates but were neither free nor fair, and the government did not allow NGO monitoring. The CPV’s Fatherland Front chose and vetted all candidates through an opaque, multistage process. CPV candidates won 475 of the 496 seats. The remaining 21 were non-CPV candidates unaffiliated with any party. There were no candidates from a party other than the CPV.
According to the government, 99 percent of eligible voters cast ballots in the 2016 election, a figure activists and international observers considered improbably high. Voters may cast ballots by proxy, and officials charged local authorities with ensuring that all eligible voters cast ballots by organizing group voting and verifying that all voters within their jurisdiction had voted. There were numerous reports throughout the country that election officials stuffed ballot boxes to create the illusion of high turnout.
The law allows citizens to “self-nominate” as National Assembly candidates and submit applications for the VFF election-vetting process. In the months leading up to the 2016 National Assembly elections, an informal coalition of legal reformers, academics, activists, and human rights defenders attempted to register as self-nominated, non-CPV “activist independent” candidates. In contrast to the party’s candidates, these candidates actively used Facebook and social media to advertise their policy platforms. VFF officials refused, however, to qualify any of these candidates, and authorities instructed official media to criticize some of them. According to press reports, the VFF allowed two self-nominated candidates on final ballots, but both individuals were party members.
Political Parties and Political Participation: Political opposition movements and other political parties are illegal. Although the constitution states that “all Party organizations and members of the CPV operate within the framework of the constitution and the laws,” the CPV politburo in fact functioned as the supreme national decision-making body, although technically it reported to the CPV Central Committee.
Participation of Women and Members of Minority Groups: No laws limit participation of women or members of minority groups in the political process. The law sets a target of 35 percent of final candidates for the National Assembly and provincial people’s councils to be women and 18 percent of final candidates for the National Assembly to be from minority groups. The 132 women in the National Assembly comprise 27 percent of the body. The 86 ethnic minority delegates comprise 18 percent of the assembly.