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Vietnam

Executive Summary

The Socialist Republic of Vietnam is an authoritarian state ruled by a single party, the Communist Party of Vietnam (CPV), and led by General Secretary and President Nguyen Phu Trong, Prime Minister Nguyen Xuan Phuc, and Chairwoman of the National Assembly Nguyen Thi Kim Ngan. The most recent National Assembly elections, held in 2016, were neither free nor fair, despite limited competition among CPV-vetted candidates.

The Ministry of Public Security is responsible for internal security and controls the national police, a special national security investigative agency, and other internal security units. The Vietnam People’s Army aids civilian authorities to provide relief in times of natural disaster. Civilian authorities maintained effective control over the security forces.

Significant human rights issues included: unlawful or arbitrary killings by the government; forced disappearance; torture by government agents; arbitrary arrests and detentions by the government; political prisoners; significant problems with the independence of the judiciary; arbitrary or unlawful interference with privacy; the worst forms of restrictions on free expression, the press, and the internet, including arbitrary arrest and prosecution of government critics, censorship, site blocking, and criminal libel laws; substantial interference with the rights of peaceful assembly and freedom of association; significant restrictions on freedom of movement including exit bans on activists; restrictions on political participation; significant acts of corruption; outlawing of independent trade unions; trafficking in persons; and use of compulsory child labor.

The government occasionally took corrective action, including prosecutions, against officials who violated the law, but police officers and state officials generally acted with impunity.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Expression, Including for the Press

The constitution and law provide for freedom of expression, including for the press; however, in practice the government did not respect these rights, and several laws specifically encroach on freedom of expression. The government also continued to use broad national security and antidefamation provisions to restrict freedom of expression. Such laws establish the crimes of “sabotaging the infrastructure of socialism,” in addition to “sowing divisions between religious and nonreligious people” and “propagandizing against the state” as serious offenses against national security. It also expressly forbids “taking advantage of democratic freedoms and rights to violate the interests of the state or lawful rights and interests of organizations or individuals.”

Freedom of Expression: The government continued to restrict speech that criticized individual government leaders or the party, promoted political pluralism or multiparty democracy, or questioned policies on sensitive matters, such as human rights, religious freedom, or sovereignty disputes with China.

Representatives from state-run organizations and progovernment groups visited activists’ residences and attempted to intimidate them into agreeing the government’s policies were correct, according to social media and activists’ reports. Family members of activists also reported numerous incidents of physical harassment, intimidation, and questioning by Ministry of Public Security officials. Harassment also occurred at workplaces and included threatening telephone calls and insulting activists in local media and online and attacks on activists’ homes with rocks, shrimp paste, and gasoline bombs. There were reports such abuses caused injury and trauma requiring hospitalization.

Press and Media, Including Online Media: The CPV, government, and party-controlled mass media organizations exercised legal authority over all print, broadcast, online, and electronic media, primarily through the Ministry of Information and Communications under the overall guidance of the CPV Propaganda and Education Commission. The law requires editors in chief to be CPV members; many outlets apply this to additional managers as well. One of the leading newspapers, Thanh Nien, demoted 13 managing editors and deputy editors who were not party members in November 2018.

Many nongovernmental entities, however, produced and distributed publications by subcontracting, joint-publishing, or buying permits from government or other public publishing entities. State-run media reported private entities produced more than 90 percent of all publications in the country, although outright private ownership or operation of any media outlet or publishing house was prohibited. Media independent of government authority operated on a limited basis online, primarily via blogs and social media, but independent journalists faced government harassment.

By law the government may fine journalists and newspapers from five to 10 million Vietnamese dong (VND) ($220 to $440) for failing to cite their sources of information or for using “documents and materials from organizations and personal letters and materials from individuals.”

The law allows the government to punish publishers if they publish “untruthful information” in the fields of statistics; atomic energy; management of prices, charges, fees, and invoices; education; civil aviation; vocational training; hydrometeorology; cartography; and health.

In November 2018 the CPV publicly denounced Chu Hao, who at that time was director and editor in chief of the Tri Thuc Publishing House, for “disobeying the Party’s regulations” and “self-evolution.” Hao, a former vice minister of science and technology and a prominent intellectual, had directed Tri Thuc to publish books with themes of freedom and democracy, such as John Stuart Mill’s On Liberty, which the CPV viewed as contrary to the official party line. Hao left the CPV, and as a result also lost his position at Tri Thuc.

The law limits satellite television access to senior officials, foreigners, luxury hotels, and the press, but persons throughout the country continued to access foreign programming via home satellite equipment or cable.

The government permitted activities of journalist employed by foreign-based media outlets. The law requires “live” foreign television programming to run on a 30- to 60-minute delay to enable content monitoring. In fact, such programming ran on a 10-minute delay. Viewers reported obstruction of various commentaries, documentaries, and movies on human rights incidents in the country, the Vietnam War, the Cold War, the Soviet era, or reports involving trade tensions between the United States and Vietnam.

Major foreign media outlets reported the government delayed or refused to issue visas for reporters who previously covered sensitive political topics, particularly reporters for the overseas Vietnamese-language press. In May an international journalist was refused a visa request to report on the 50th anniversary of the Battle of Hamburger Hill. This same reporter had previously written an article likely seen by the government as unfavorable.

The information ministry may revoke the licenses of foreign publishers; foreign publishers must renew their licenses annually.

The government also sought to impede criticism by monitoring meetings and communications of journalists.

Violence and Harassment: There continued to be a significant number of reports of security officials attacking, threatening, or arresting journalists because of their coverage of sensitive stories. Independent journalists faced restrictions on freedom of movement, various forms of harassment, and even physical attacks in the form of staged motorbike accidents if they reported on sensitive topics.

Foreign journalists required formal permission to travel outside Hanoi for reporting. When foreign journalists requested access to an area considered sensitive, such as the Northwest or Central Highlands, or report a story the government might consider sensitive, authorities often either intentionally delayed their response or denied permission to travel.

Censorship or Content Restrictions: The Ministry of Information and Communications and the CPV Propaganda and Education Commission frequently intervened directly with media to dictate or censor a story.

Propaganda officials forced editors of major media outlets to meet regularly to discuss what topics were off-limits for reporting. More often, pervasive self-censorship, including among independent journalists and bloggers, due to the threat of dismissal and possible arrest, enabled the party and government to control media content. The government punished journalists for failing to self-censor, including by revoking journalists’ press credentials.

In August, two protests against Beijing’s maritime survey seeking information on petroleum reserves in an offshore area in the country ‘s exclusive economic zone took place in front of the Chinese Embassy in Hanoi and a third protest near a site popular with Chinese tourists in Danang received no local media coverage.

National Security: The law stipulates administrative fines of 20 million to 30 million VND ($880 to $1,330) for journalists, newspapers, and online media that publish or broadcast information deemed harmful to national interests and up to 50 million dong ($2,200) for information considered to be distorting history and the revolution’s achievements. In some cases, these “violations” may lead to criminal proceedings.

Citing laws protecting national security, police arrested and ordered journalists to restrict criticism of government policies or officials.

b. Freedoms of Peaceful Assembly and Association

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport/.

d. Freedom of Movement

The constitution provides for freedom of internal movement, foreign travel, emigration, and repatriation, but the government imposed some 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 Chi Dung, Pham Ba Hai, Nguyen Hong Quang, Thich Khong Tanh, Le Cong Cau, and Duong Thi Tan. Several activists reported authorities had confiscated their national identification cards, preventing them from traveling domestically by air or conducting routine administrative matters.

Religious leaders are required to specify no more than two to three geographical areas where they will be preaching. They reported that preaching outside of the approved areas was illegal, although enforcement of the law 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 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 also needed to 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, 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, including seven Catholic priests. 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 although 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.

Section 3. Freedom to Participate in the Political Process

The ability of citizens to 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 was severely limited. 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 of political power for the CPV; the CPV was the only party allowed to put forward candidates for office and it 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.

Section 4. Corruption and Lack of Transparency in Government

Although the law provides criminal penalties for corruption by officials, the government did not implement the law effectively, and officials engaged in corrupt practices with impunity. There was, however, a noticeable increase in the number of high-profile arrests and prosecutions of high-ranking officials for corruption. This included existing and retired officials from the Politburo, central party, military, and public security services.

Corruption: The lack of public consultation on land-use plans and government land compensation frameworks was the primary driver of corrupt land transfers, the major type of corruption. Corruption in financial, banking, natural resource mining, and public investment sectors also remained significant political and social problems.

A new Anticorruption Law came into effect July 1. Highlights include provisions enabling stricter and more effective scrutiny of income and assets of public officials.

The Ministry of Public Security reported it processed 181 corruption cases in the first nine months of the year. Media reported that, in the first six months of the year, the CPV punished 256 party members for corruption, an increase of 21 cases compared with the same period in 2018. Among those punished were a deputy prime minister and 12 leaders of ministries or their rank equivalent. In February, two former ministers punished by the CPV in 2018 were arrested on accusations of receiving bribes in excess of $three million from a private businessman.

Financial Disclosure: The new Anticorruption Law requires all state officials, commissioned officers of police and military forces, career military personnel, holders of positions as deputy manager and above in public service agencies and state-owned enterprises, and state enterprise financial management officers to disclose to their agency their income and assets within 10 days from the date of designation or employment. Any change of at least 300 million VND ($15,000) requires an additional declaration. Directors of provincial departments and higher ranks, or persons in charge of official management, management of public funds, public property or public investment or who have influence over the operation of other entities as prescribed by the government are required to submit annual disclosures. Nominees to be National Assembly and People’s Councils’ delegates are required to do so in line with voting law. The law provides for reprimand, warning, suspension, or removal for noncompliance.

The government reported that in 2018 approximately 1,136,902 government workers disclosed their assets and incomes, accounting for 99.8 percent of those required to do so. Only 44 of these statements were verified, of which six were identified as incorrect. Media, however, reported many cases of nondisclosure or false disclosure that were not followed up.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights

The government did not permit independent, local human rights organizations to form or operate, nor did it tolerate attempts by organizations or individuals to criticize its human rights practices publicly.

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