Tag: Internet Freedom

  • Joint Statement for the EU-Viet Nam Human Rights Dialogue

    Legal Initiatives for Vietnam, in collaboration with ARTICLE 19 and other Vietnamese and international organizations, issued a joint statement today addressing the European Union ahead of the upcoming EU-Vietnam Human Rights Dialogue. The statement expresses significant concerns regarding the state of Internet freedom in Vietnam.

    Please see the full text here and below.


    On the occasion of the 12th EU-Viet Nam Human Rights Dialogue, held on 4 July 2024 in Brussels, ARTICLE 19 and the undersigned organisations and individuals call on the European Union (EU) to urge the Viet Nam government to repeal and/or amend repressive laws and regulations and drop prosecution and harassment of journalists and activists and others who exercise their freedom of expression. The EU, as a staunch advocate for human rights, has a critical role in protecting the rights of freedom of expression and association globally. We call on the EU to urge the Viet Nam government to respect its obligations under international human rights standards. We also hope that the EU will continue to support the civil society in Viet Nam and undertake further engagement with the tech sector to improve their adherence to human rights standards in the country.

    The annual EU-Viet Nam Human Rights Dialogue is an important forum for the EU and Viet Nam to outline their commitments to human rights, exchange views on challenges and measures for improvement, and stress the importance of cooperation with UN Human Rights mechanisms. 

    We, the undersigned human rights and civil society organisations are concerned that Viet Nam continues to severely restrict human rights, in particular the rights to freedom of expression and association, in violation of its obligations under international human rights law. According to ARTICLE 19’s Global Expression Report 2024 which highlights a significant decline in freedom of expression globally, Viet Nam is classified in the “in crisis” category due to severe restrictions on freedom of expression.

    In particular, we would like to bring the following two  key issues to the attention of the EU representatives and urge them to raise them with the Viet Nam Government:

    1. Amend legislation that fails to meet international human rights standards such as the Penal Code (2015),  Cybersecurity Law (2018), and the Decree 72/2013/ND-CP. 

    The Viet Nam Government should reform restrictive laws that target political activism and dissent and penalise online expression. Restrictive provisions under the  Penal Code (Articles 109, 117, and 331), the Cybersecurity Law (2018), and a new draft of Decree 72 may soon require social media users to use real identities and mandate platforms to verify users’ identities. 

    We urge the EU to put pressure on the Viet Nam government to repeal or amend these laws and emphasise the necessity of aligning Vietnamese national laws with international human rights standards. 

    2. Stop targeting and prosecuting journalists, human rights defenders, activists, and others for exercising their right to freedom of expression and association.

    A recent report by Legal Initiatives for Vietnam (LIV) indicates that the Viet Nam government has systematically targeted activists, journalists, and others who express dissenting views on digital platforms, using vaguely defined laws to justify arrests and censorship. Restrictive provisions of the Penal Code, which criminalises activities deemed to undermine the state, have been used to arrest and intimidate journalists, activists, and NGO leaders. These include the Independent Journalists Association of Vietnam (2019), Phạm Đoan Trang (2020), Báo Sạch group (2021), Trương Huy San (2024), and ordinary social media users such as Nguyễn Văn Nhanh (2021), Võ Thanh Thời (2022), Lê Thạch Giang (2023).

    We urge the EU to exert strong pressure on the Viet Nam government to overturn the criminal convictions of prominent journalists and activists and to unequivocally demand an end to any efforts that suppress freedom of expression in Viet Nam.

    We also urge the EU to continue its support for civil society organisations and human rights defenders in Viet Nam, enabling them to amplify their voices and contribute to positive change. 

    Last but not least, we call on the EU to encourage tech companies operating in Viet Nam to take all possible means to protect freedom of expression. They should adhere to the UN Guiding Principles on Business and Human Rights (UNGPs) and respect human rights, including freedom of expression. Tech companies must challenge blocking and removal orders issued by the Viet Nam authorities and must ensure that they do not cause, contribute to, or become complicit in human rights abuses. Even in situations where the Viet Nam Government neglects its obligations, and where domestic laws or orders conflict with international human rights standards, companies should seek ways to minimise the adverse human rights impacts of such measures in full consultation with the Viet Nam civil society.

    We firmly believe that the EU, as a dedicated advocate for human rights, should take decisive action to address these concerns and take a firm and unwavering stance in safeguarding human rights in Viet Nam. 

    Should you be willing to sign up for the statement please drop a message to svetlana.zens@article19.org or yan.myint@article19.org or long.trinh@liv.ngo 

    Endorsed by:

    ARTICLE 19: Global Campaign for Free Expression
    Civil Society Forum – Dr. Nguyễn Quang A, Coordinator
    Legal Initiatives for Vietnam – Trần Quỳnh Vi, Executive Director
    Open Net -Kyung Sin Park, Director
    Vietnamese Advocates for Change
    Manushya Foundation -Emilie Palamy Pradichit, the Founder & Executive Director 
    Asia Democracy Network (ADN)
    ASEAN Coalition to #StopDigitalDictatorship

  • Vietnam Briefing: Vietnam Steps Up Crackdown On Internet Freedom With Proposed Social Media Regulations

    Vietnam Briefing: Vietnam Steps Up Crackdown On Internet Freedom With Proposed Social Media Regulations

    The Vietnam Briefing, which is released every Monday morning Vietnam time, looks at Vietnam’s social and political developments of the past week.

    Source:  The Vietnamese Magazine


    Vietnam proposes new social media regulations to take down ‘illegal content:’ Reuters sources

    • Reuters on April 21 reported based on information from people with knowledge of the matter that Vietnam is planning to adopt new regulations requiring foreign social media companies to “take down content it deems illegal within 24 hours.”
    • The move is seen as another effort by the Vietnamese authorities to crackdown on internet freedom and tighten control over online discourse in a country where the government already shows little tolerance for dissenting opinions or criticisms of the regime.
    • According to Reuters, the planned amendments to current cyber laws will require foreign media platforms to take down “illegal content and services” within the 24-hour time frame while “illegal live streams” must be blocked within three hours of notice, and content that “harms national security” must be taken down immediately.
    • Reuters sources also said that these amendments currently remain confidential and are expected to be signed into law by Prime Minister Pham Minh Chinh in May and become effective in July. Social media companies that fail to take down “illegal content” within the permitted time frame risk having their platforms blocked in Vietnam, the sources added.
    • Representatives from popular social media platforms in Vietnam, including Meta’s Facebook and Google-owned Youtube, declined to comment. Meanwhile, the Chinese-owned video sharing platform Tiktok told Reuters that it would comply with local laws “to ensure TikTok remains a safe space for creative expression,” adding that the company would “take down content that breaks platform guidelines.”
    • Vietnam, with a population of nearly 100 million, continues to rank among Facebook and Youtube’s top markets by user numbers and “is more profitable than many European markets,” according to Reuters sources. It is estimated that Facebook has up to 70 million users in Vietnam while Youtube has 60 million and TikTok has 20 million.
    • The new proposed regulations have raised concerns from human rights organizations that they could be used as a repressive tool to worsen the already restrictive internet environment in Vietnam.
    • “In Vietnam, social media, including Facebook, is one of the very few places for local people to express their opposition,” said Ming Yu Hah, deputy regional director of campaigns in East and Southeast Asia for Amnesty International, in the face of the threats posed by the proposed new laws.
    • “They face the risk of being imprisoned for years if their posts are deemed to violate the law,” she said, adding that such laws are “an existential threat to the freedom of expression in Vietnam.”

    Vietnamese court upholds citizen journalist Le Trong Hung’s sentencing in an opaque appeals trial

    • Do Le Na, wife of the currently jailed citizen journalist Le Trong Hung, wrote on her Facebook account on April 22 that a Hanoi Court had held an appeals trial for her husband on April 19 and consequently upheld his previous sentencing of five years in prison and five years probation.
    • Most notably, Na said that the court had neither informed her nor Hung’s lawyer about the appeals trial, adding that she only learned about the court results when she went to Hanoi Detention Center No. 1 on April 22 to send some necessities to her husband while asking for the procedures regarding his visitations.
    • Na said that there was a heavy plainclothes police presence guarding her and other local activists’ houses on the date of Le Trong Hung’s appeals hearing, but that she was unsure about their motive at the time. She added that she was “surprised” and “angry” about the Vietnamese authorities’ unlawful prevention of the Hung family from attending the hearing, even though the court previously announced that it would be an open trial.

    Vietnam court jails 12 people with links to a U.S.-based organization on subversion charges

    RFA:

    • RFA reported that a court in Vietnam’s Ho Chi Minh City on April 18 had sentenced 12 Vietnamese to prison on charges of supporting a U.S.-based exile group classified as a “terrorist organization” by Hanoi. The convicted people’s sentencing ranges from three to 13 years in prison while their defense attorneys said the trial was flawed and that it violated legal principles.
    • Prosecutors charged the group with “carrying out activities aimed at overthrowing the government,” under Article 109 of Vietnam’s Penal Code, for recruiting others to join the foreign-based Provisional Government of Vietnam. Defendant Tran Thi Ngoc Xuan, who received a 13-year prison term, was described by prosecutors as the most active member of the alleged plot.
    • However, attorney Nguyen Van Mieng, who defended Xuan, told RFA in an interview that standards of fairness in the trial were violated and jeopardized, given the Ho Chi Minh City court’s decision to try different defendants gathered from separate parts of the country in the same trial.
    • “This trial violated legal procedures, as it gathered nine cases from different provinces and cities and then combined them in a single trial,” Mieng said. “These 12 people had no relationship or links with each other,” he added.
    • Based in Orange County, California, the Provisional Government of Vietnam was founded in 1991 by former soldiers and refugees loyal to the South Vietnamese government, which was in power prior to 1975. At least 18 Vietnamese have been jailed in recent years for their alleged involvement with the group.

    Vietnamese organizations urge UN members not to vote for Vietnam’s candidacy in Human Rights Council

    • On April 18, a group of eight Vietnamese organizations published an open letter calling for United Nations members to prevent Vietnam from joining the UN Human Rights Council for the 2023-2025 term.
    • They cited Hanoi’s opposition to the resolution to suspend Russia from the Human Rights Council on April 7 and its previous abstentions to condemn Moscow’s war-waged against Ukraine as the contributing reasons for their petition.
    • According to the letter, these organizations included Vietnam Human Rights Network (Mạng Lưới Nhân Quyền Việt Nam), Defend The Defenders (Tổ Chức Người Bảo Vệ Nhân Quyền), Assembly For Democracy Of Vietnam (Họp Mặt Dân Chủ), Humanistic Socialist Party (Đảng Nhân Bản Xã Hội), The Great Viet Party (Đại Việt Quốc Dân Đảng), Vietnam Democracy Federation (Lực Lượng Dân Tộc Cứu Nguy Tổ Quốc), The Independent Journalists Association of VietNam (Hội Nhà Báo Độc Lập Việt Nam), and Vietnam Democracy Radio (Đài phát thanh Đáp Lời Sông Núi).
    • The open letter also added that the systemic violations of human rights committed by the Vietnamese government and its pro-Kremlin stance consequently made Vietnam ineligible for a role in the Human Rights Council.
    • “Before seeking membership of the Council, the Vietnamese government must improve its human rights record, strictly enforce international human rights conventions on human rights, and contribute to the international community to build a peaceful and prosperous world,” the letter said.

    Vietnam expected to hold joint military training drills with Russia

    RFA:

    • Russian state media reported on April 19 that Russia and Vietnam, Moscow’s closest ally in Southeast Asia, are preparing to hold a joint military training exercise. They added that the initial planning meeting for the drills was held virtually between the leaders of Russia’s Eastern Military District and the Vietnamese army.
    • According to Russian state media, the two countries “agreed on the subject of the upcoming drills, specified the dates and venue for them” and “discussed issues of medical and logistic support, cultural and sports programs.” No other details were given.
    • The spokeswoman for the Vietnamese Foreign Ministry Le Thi Thu Hang confirmed on April 21 that  Vietnam’s mutual military training agenda with Russia, which is set to be named “Continental Alliance 2022,” during a press briefing and said that these activities were meant to “foster friendship and trust.”
    • Hang reiterated that Hanoi’s consistent policy of defense cooperation with other countries was only meant to “bolster friendship, solidarity, mutual trust, and understanding, for the sake of peace, cooperation and development in the region and in the world.”
    • RFA reported that Vietnamese media had remained silent on the meeting and had not reported on the proposed military exercise. Vietnamese officials were not available for comment.
    • “This is a totally inappropriate decision on Vietnam’s part,” said Carlyle Thayer, professor emeritus at the New South Wales University in Australia, and a veteran Vietnam watcher, in an interview with RFA.
    • “The U.S. is hosting a special summit with Southeast Asian leaders in May,” Thayer said. “How will the Vietnamese leader be able to look Biden in the eye given the U.S. clear stance on the Ukrainian war and the Russian invasion?” “This is not how you deal with the world’s superpower,” he added.
    • Meanwhile, Vietnam could be hit with US sanctions over its continuing military relations with Moscow under the Countering America’s Adversaries Through Sanctions Act (CAATSA), which was passed by the United States in 2017, writes David Hutt in The Asia Times. However, several experts noted that the chances Vietnam would get sanctioned under the CAATSA are low as the Biden administration could face a dilemma in pursuing contradictory objectives.

    Vietnam arrests former coast guard chief over “embezzlement” case

    Reuters:

    • “Vietnam’s Defense Ministry has detained a former commander of its coast guard on suspicion of embezzlement, the government said on Monday, in the latest arrest as the ruling Communist Party intensifies its long-running crackdown on graft.
    • Lieutenant General Nguyen Van Son was arrested last Wednesday along with six other senior coast guard officials for their involvement in an “embezzlement case,” the government said in a statement that did not elaborate on the alleged offense.
    • The state-run Tuoi Tre newspaper cited the Defense Ministry as saying that Son was responsible for violations committed by the coast guard between 2015 and 2020, including “financial mismanagement” and “procurement irregularities.”

    U.S. Ambassador to Vietnam Marc Knapper calls for the upgrading of the Vietnam-United States relationship

    • During a press conference in Hanoi on April 20, U.S. Ambassador Marc Knapper said that the United States and Vietnam have deepened mutual cooperation on multiple strategic issues and that it is time for the two countries to upgrade their bilateral relationship from comprehensive to a strategic level.
    • “Upgrading the relationship with Vietnam to strategic partnership is a priority, not just for myself but the U.S. government,” Knapper said when he was asked by the local news agency VnExpress about what he sees as the priorities during his incumbency.
    • Meanwhile, Vietnam’s Prime Minister Pham Minh Chinh will attend the U.S.-ASEAN summit in Washington D.C. from May 12 to 13 at the invitation of President Joe Biden, according to the confirmation from the Vietnamese Foreign Ministry.
    • Foreign Ministry Spokeswoman Le Thi Thu Hang said that Vietnam “stands ready to work with the Biden administration on further strengthening and deepening bilateral relations” with an aim to promote regional and international “peace, stability, cooperation, and development.”

    Vietnam Insight: Learn more about Vietnam

    Corruption is the Worst Enemy of the Vietnamese Army

    Fulcrum/ Le Hong Hiep/ April 22

    “The Vietnamese military is involved in a wide range of commercial activities, facilitated by its dominant role in Vietnamese politics. This sometimes causes civilian authorities to defer to military officials’ requests, including for resources and preferential treatments, which creates opportunities for corruption to thrive. The existence of military-owned businesses, both genuine ones and front companies set up to support intelligence gathering and operational purposes, also makes rent-seeking activities by corrupt individuals difficult to detect due to the blurred distinction between commercial and defence-related activities.”

    How Does Inviting Autocrats to the White House Make Asia More Free?

    The Diplomat/ John Sifton/ April 22

    “The Biden administration needs to adopt more coherent principles for supporting nations in Asia without sacrificing the promotion of human rights. A key problem in the Biden administration’s Asia rhetoric is that it too often conflates human freedoms and rights with the “freedoms” and “rights” of governments not to be coerced by other governments (i.e., by the Chinese government). When Blinken in December cited a “rules-based order” in Asia meant to “protect the right of all countries to choose their own path, free from coercion, free from intimidation,” he was not talking about human freedoms. He was dressing up “countering the Chinese government” in the language of liberty.”

    US-Vietnam Partnership Goes Beyond Strategic Competition with China

    U.S. Institute of Peace/ Nguyễn Khắc Giang/ April 19

    “U.S. rapprochement with Vietnam is more than a way to “contain” China (as if this could be done). A long-term, stable friendship should not be based solely on mutual concern about a rising regional hegemon. Washington should not only focus on economic and security partnerships but needs to support Vietnam in areas that it is lagging behind, particularly institutional reforms and the increased repression of civil society. A more democratic and open Vietnam will not only be good for the Vietnamese but a more trusted regional partner. A friendship based on shared values is much more sustainable than the one based purely on security and economic interests.”

    Nuclear moves up the list of Vietnam’s power mix

    Southeast Asia Globe/ Govi Snell/ April 18

    “The potential scarcity of electricity comes amid discussion around what will be included in Vietnam’s eighth national power development plan, or PDP8.

    Some see a turn towards nuclear energy as a long-term solution for Vietnam to meet its energy needs while reducing fossil fuels. However, building nuclear power plants in Vietnam would be an expensive and time-consuming process and public support for nuclear energy is low in the country.”


    💡
  • LIV and Trinh Huu Long in Freedom House: Freedom On The Net 2021

    Legal Initiatives for VIETNAM and it’s co-director Trinh Huu Long were acknowledged as report authors for Freedom on the Net 2021, an annual survey and analysis of internet freedom around the world.  

    Freedom on the Net is a collaborative effort between Freedom House staff and a network of more than 80 researchers, who come from civil society organizations, academia, journalism, and other backgrounds, covering 70 countries.

    Title: Freedom On The Net 2021
    Publish Date: September 16, 2021
    Publisher: Freedom House


    Excerpt:

    Data sovereignty as an excuse for surveillance

    A draft decree released in February 2021, as part of the implementation of Vietnam’s Cybersecurity Law, expands requirements for large and small online platforms to store data on Vietnamese servers, including users’ names, birth dates, nationality, identity cards, credit card numbers, biometric files, and health records. Authorities can access user data under vaguely defined pretexts related to national security and public order. Full compliance with Vietnamese law by social media companies would put activists, journalists, and human rights defenders at risk, given the one-party regime’s harsh suppression of perceived political dissent.


    Download:

  • LIV’s Trinh Huu Long in SSRN- Vietnam: Data Privacy in a Communist ASEAN State

    Legal Intiatives for Vietnam co-director Trinh Huu Long was cited in a research paper on Data Privacy in Vietnam.  


    Excerpt:

    Processing personal data without the person’s consent (including for secondary processing) is only allowed in various situations of public interest, emergencies, for statistics or research after de-identification, and where ‘according to the provisions of law’ (art. 10). One criticism of this last exception is that it is ‘a loophole that is widely used in the legal system of Vietnam to give the government’s executive branch, especially ministries, an almost unlimited ability to interpret laws and regulations using circulars and executive decisions’. [12] There are no ‘legitimate interest’ exceptions allowing such processing.

    [12] Trinh Huu Long ‘9 Takeaways From Vietnam’s Draft Decree On Personal Data Protection’ Luat Khoa Magazine 19 February, 2021 <https://www.thevietnamese.org/2021/02/9-takeaways-from-vietnams-draft-decree-on-personal-data-protection/>


    Download:

  • LIV in ISEAS – Yusof Ishak Institute Placate the Young and Control Online Discourse: The Vietnamese State’s Tightrope

    Vietnam’s top echelons have indicated that the task of controlling cyberspace has never been more crucial.  But how to do so in a country that boasts 72 million social media users without alienating the growing cadres of Internet-savvy youths is a daunting question.


    This landmark development was instrumental to youth-led online movements. But on the other side of the spectrum, the drafting process for Vietnam’s Cyber-Security Law was mooted as early as July 2016, just right on the heels of the Formosa protests.


    Download:

  • LIV’s Vi Tran in Freedom House: Freedom on the Net 2020 – Vietnam

    Legal Initiatives for VIETNAM co-director Quiynh-Vi Tran, was cited in the report on digital media and internet freedom (reporting period June 2019 – May 2020) by Freedom House.


    Excerpt:

    Digital mobilization in Vietnam tends to be local, rather than national, in scale, and often revolves around environmental issues, as well as concerns about the expansion of China’s influence. In January 2019, before the current coverage period, a group of environmentalists created the Facebook page Save Tam Đảo to protest a project by the real estate developer Sun Group in the Tam Đảo National Park. The page received thousands of likes and followers within a few weeks.[54]

    [54] Quiynh-Vi Tran, “#SaveTamDao: A Cry for Help from Vietnam’s Primary Rainforest,” The Vietnamese, January 22, 2019, https://www.thevietnamese.org/2019/01/savetamdao-a-cry-for-help-from-vi….


    Download: