Vietnam Free Expression Newsletter No. 34/2024 – September 1-13

Greetings from Project88. We bring you news, analysis, and actions regarding human rights and civil society in Vietnam from Sept. 1-13.

Journalist Nguyen Vu Binh was sentenced to seven years in prison this week. And next week, another journalist, Phan Van Bach, faces trial; he is in dire health behind bars, currently weighing only 88lbs. Press freedom in Vietnam remains extremely limited; many are eager to see what will happen when the New York Times opens its office there in October. This week, we are also reporting on two additional arrests and four trials, as well as new data on Vietnam’s use of the death penalty.

This week also marks one year since the U.S. and Vietnam formally elevated diplomatic ties. At least 48 activists and dissidents have been arrested or convicted since last September. See our timeline of major human rights events in the past year, here. U.S.-Vietnamese relations show no signs of cooling, as U.S. Secretary of Defense Lloyd J. Austin III met with Vietnamese Minister of Defense Gen. Phan Van Giang last week, and General Secretary To Lam headlines an event at Columbia University later this month while in New York for the United Nations Summit of the Future. Columbia is where climate leader Hoang Thi Minh Hong— who was jailed while To Lam was Minister of Public Security– studied when she was an Obama Foundation scholar.

And in tragic news, thousands of people have been evacuated from Hanoi as the Red River’s waters rose to a 20-year high, flooding streets days after Typhoon Yagi battered the country’s north, killing at least 179 people. While it is too early to fully understand what could have been done to prevent such a high death toll, we do know that it is possible that deforestation might have caused more severe landslides and flooding. Moreover, it is possible that the bridge collapse in Phu Tho was a result of poor construction or perhaps even government corruption. Finally, the storm has revealed many underlying problems, not the least of which is the government’s unpreparedness to handle major environmental catastrophes. We will continue to follow the post-storm developments to see what else might come to light.

HUMAN RIGHTS & CIVIL SOCIETY

Political Persecution


Nguyen Vu Binh

Journalist, democracy activist, and former political prisoner Nguyen Vu Binh was sentenced on Sept. 10 to seven years in prison under Article 117. A two-time Hellman-Hammett Award winner (2002, 2007), Binh was previously sentenced to seven years in prison in 2002 for espionage under Article 80 of the 1999 Criminal Code for slandering the Vietnamese state in a written testimony Binh provided to the US Congress in July 2002 regarding human rights abuses in Vietnam. We will update the details of Binh’s latest trial as more information becomes available.


Phan Van Bach

Former Chấn Hưng Việt Nam TV (CHTV) journalist Phan Van Bach faces trial on September 16 under Article 117. Bach’s wife and lawyer have both raised alarms about Bach’s serious weight loss from GI issues. He now only weighs 88 lbs, down from 143 lbs since his December 2023 arrest, and has so far been denied medical treatment. At CHTV, Bach covered hot topic issues, such as land rights. He attempted to self-nominate for the 2016 National Assembly election, has participated in numerous protests, and voiced support for political prisoners. He faces up to 12 years in prison if convicted.


Le Trong Hung

Another CHTV journalist, Le Trong Hung, has begun his third annual hunger strike in Prison No. 6 in Nghe An. According to his wife, Do Le Na, hunger strikes are “the only method at this time for my husband to show his unshakable resolve about the path he has chosen.” Hung, who also previously tried to self-nominate to the National Assembly, is serving five years in prison.


Y Quynh Bdap

After the conclusion of a series of hearings on September 2, Y Quynh Bdap’s verdict in his immigration hearing is expected on Sept. 30, per his lawyer. Bdap was convicted of terrorism in Vietnam in connection with the June 11, 2023 attack on government buildings in Dak Lak Province. In January 2024, he was sentenced in absentia to 10 years in prison. After the trial, the Vietnamese government announced that it would seek to extradite Bdap to Vietnam. Bdap was in Thailand at the time of the attack and has asserted that he was not involved in in any way. Despite charging him with terrorism, Vietnam has not made public any evidence against Bdap to substantiate the charge.


Nguyen Ngoc Anh

Activist Nguyen Ngoc Anh was released from Xuan Loc Prison after serving a six-year sentence for spreading “anti-state propaganda.” Anh reported to us that his eyesight and hearing deteriorated while in prison, but he remains defiant, telling RFA he was proud to have stood strong against injustice, that he only exercised his rights to free speech and never committed any crime. Anh still has to serve five years on probation in Ben Tre Province, his hometown. During Anh’s incarceration, his wife Nguyen Thi Chau was a frequent victim of harassment by the local police for posting updates about her husband on social media.


Bui Van Khang (L) and Phan Ngoc Dung at trial, Source: Vietnam Express

On September 4, attorney Bui Van Khang, 75, from Nam Dinh Province was sentenced to two years in prison under Article 331 by a court in An Giang. Also tried was a female Youtuber from An Giang Province named Phan Ngoc Dung, 69, who was sentenced to three years in prison as a “co-conspirator.” In October 2021, Dung started a channel called “Tiếng Nói Lòng Dân” – “Voices From the People’s Hearts” – and subsequently invited Khang, a member of the Nam Dinh Lawyers Association, to participate as a panelist to answer legal questions. According to state media, Khang and Dung “took advantage of the trial of [deathrow inmate] Ho Duy Hai to set up multiple online discussion sessions on YouTube and Facebook and distributed over 1,200 videos,” some of which allegedly discredited the judges of the People’s Supreme Court. Dung turned herself in to the police on Jan. 22, 2024. It is not clear when Khang was detained, but police began their investigation in 2023, according to the government.

On Sept. 4, a court in An Giang sentenced Tran Van Khanh to seven years in prison under Article 117 for postings on his Facebook page since 2019 that were allegedly “anti-state propaganda.” State media did not provide any specific details on the alleged offending posts.

On Sept. 10, a court in Hanoi sentenced Hoang Tung Thien to six years in prison under Article 117 for postings on his Facebook page that allegedly discredit Party leaders and call for a multi-party political system. According to state media, Thien set up two websites named “Ước Mơ Việt” (Vietnamese Dream) and Đảngđoàn.org to attract people to join him. Prosecutors allege that Thien planned to found a political party named “Lạc Hồng” in the second phase of his movement; however, as of the trial date, no one has joined Thien’s group.

Two people associated with the self-proclaimed Provisional Government of Vietnam, led by Dao Minh Quan in the U.S., were arrested and accused of attempting to overthrow the state. Pham Hoang, 66, was arrested in Nam Dinh on August 29; Vuong Van Hong Nam was arrested in Hau Giang province on August 31. Both are accused of planning to distribute leaflets ahead of the national Independence Day on September 2.

International Advocacy

Vietnam: Free Journalist Arrested for Dissent. HRW; 2024-09-08. The Vietnamese authorities should immediately drop all charges and release the prominent blogger Nguyen Vu Binh, Human Rights Watch said today. Hanoi police arrested Nguyen Vu Binh, 55, on February 29, 2024, for expressing views critical of the Communist Party of Vietnam. He was charged with conducting propaganda against the state under article 117 of the penal code. A Hanoi court is scheduled to hear his case on September 10. If convicted, he faces up to 12 years in prison.

Question of the death penalty. UN Human Rights Council; 2024-07-16. According to the UN Human Rights Council, Vietnam sentenced at least 34 people to death for drug-related offenses in 2023 and one person to death for fraud. However, because Vietnam classifies data on the use of the death penalty as a state secret, information is hard to find.

In Vietnamese: Nhiều tổ chức kêu gọi EU không cấp quy chế kinh tế thị trường cho Việt Nam. VOA Tieng Viet; 2024-08-29.

VIETNAM IN THE WORLD

South Korea’s Yoon and Vietnam’s To Lam agree on stronger defense, tech ties, Yoon’s office says. Reuters; 2024-09-03. South Korean President Yoon Suk Yeol and Vietnam’s new leader, To Lam, held talks by telephone and agreed to strengthen strategic cooperation in comprehensive areas including defense and high-tech industries, Yoon’s office said on Tuesday.

Revisiting the CPC Designation. US Commission on International Religious Freedom; 2024-09. The US Commission on International Religious Freedom released a report which assesses the U.S. government’s use of “country of particular concern,” or CPC, designations over the 25 years since the International Religious Freedom Act of 1998 (IRFA) was enacted and makes recommendations to improve the effectiveness of these designations. It includes Vietnam as a case study.

Austin Hosts Vietnamese Counterpart, Builds on Momentum of U.S.-Vietnam Ties. US Department of Defense; 2024-09-09. Secretary of Defense Lloyd J. Austin III reaffirmed the United States’ commitment to continue strengthening ties with Vietnam as he met with Vietnamese Minister of Defense Gen. Phan Van Giang at the Pentagon. Austin said the U.S. remains focused on overcoming the legacies of war as the two countries continue to build on the recent elevation of U.S.-Vietnam relations to a comprehensive strategic partnership.

Columbia University Speaker: General Secretary, President Tô Lâm of Viet Nam. Columbia University World Leaders Forum. General Secretary To Lam will speak at Columbia University on September 23rd.

Editor’s note: Columbia is where Hoang Thi Minh Hong, who is currently imprisoned, studied when she was an Obama Scholar.

FACT SHEET: One-Year Anniversary of the U.S.-Vietnam Comprehensive Strategic Partnership. US Embassy in Vietnam; 2024-09-10. In the year since the historic elevation of the U.S.-Vietnam relationship to a Comprehensive Strategic Partnership, announced  by President Joseph R. Biden Jr. and late General Secretary of the Communist Party of Vietnam Nguyen Phu Trong, bilateral cooperation has expanded across all key areas. The fact sheet touches on human rights in the country, but does not provide any specifics on how human rights have improved over the past year.

The New York Times opens office in Vietnam. Tuoi Tre News; 2024-09-06. The New York Times on Thursday received a license to open an office in Vietnam. The office is set to begin operations in October. Deputy Minister of Foreign Affairs Le Thi Thu Hang handed over the license to a representative of the newspaper at the headquarters of the Vietnamese Ministry of Foreign Affairs on Thursday. According to Deputy Minister Hang, the license allows The New York Times to better conduct journalistic activities in the Southeast Asian country.

ADDITIONAL NEWS AND ANALYSIS

Thousands evacuated from Hanoi as Typhoon Yagi death toll climbs to 179. Al Jazeera; 2024-09-11. Thousands of people have been evacuated from Vietnam’s capital Hanoi as the Red River’s waters rose to a 20-year high, flooding streets days after Typhoon Yagi battered the country’s north, killing at least 179 people. Asia’s most powerful typhoon this year, Yagi brought gales and heavy rain as it moved westwards after landfall on Saturday, causing the collapse of a bridge this week while it scythed through provinces along the Red River, the area’s biggest.

Leading renewables firm Enel to exit Vietnam, sources say. Reuters; 2024-09-10. Italy’s Enel is preparing to exit Vietnam, three people briefed on the matter told Reuters, in what would be the latest move by a western firm to scrap renewable power projects in a country struggling to implement its decarbonisation plans. The Italian utility had said in 2022 it wanted to invest in plants to generate up to 6 gigawatts (GW) of renewable energy in Vietnam, without specifying in which type but noting the country’s potential in wind and solar energy. Last month, Reuters reported that Norway’s Equinor to invest in Vietnam’s offshore wind sector, while Denmark’s Orsted said last year it would pause plans to invest in large offshore wind farms in the country.

APPEC Japan’s JERA considering Vietnam gas-fired power plant investment. Reuters; 2024-09-11. Japan’s top utility and largest power generator JERA plans to invest in a natural gas-fired power plant in Vietnam, a senior executive told Reuters on Wednesday, as it bets on a transition from coal to cleaner fuels in Asia. Power plants using domestic gas and imported liquefied natural gas (LNG) are set to become a crucial source of power in Vietnam by 2030, jumping to 37.33 GW, or 24.8% of its total installed capacity, with LNG accounting for the lion’s share.

To Lam Signals No Honeymoon for Vietnamese Journalists and Dissidents. The Diplomat; 2024-09-11. When leaders change in autocratic countries, hopes are raised in the West that a new chief at the helm will signal a shift in attitudes toward transparency and fairness, along with a relaxation of the hard lines imposed by their predecessors. That feel-good hype has never been the case in Vietnam, where journalist Nguyen Vu Binh, 56, was jailed for seven years on Tuesday for conducting propaganda against the state after he criticized the Communist Party of Vietnam (CPV) through a YouTube post.

In Vietnam, environmental defense is increasingly a crime. Mongabay; 2024-09-03. In the past two years, six prominent environmental defenders have been imprisoned in Vietnam, sending a chill across civil society in the one-party state. In the past, activists in Vietnam were often charged with spreading anti-state propaganda. More recently, ambiguous tax laws have been used against environmental experts and advocates, and 2023 saw the use of a novel charge: misappropriation of state documents.

EXPLAINED: Who are Vietnam’s Montagnards and what are their grievances? RFA; 2024-09-02. Montagnard activist Y Quynh Bdap from Vietnam is on trial at Bangkok’s Criminal Court, facing extradition back to Vietnam where he has been convicted of “terrorism” in connection with a deadly 2023 attack, which he denies. Bdap is a founding member of Montagnards Stand for Justice, or MSFJ, which campaigns for the rights of the indigenous group in Vietnam. Vietnam listed it as a terrorist organization in March. A verdict in Bdap’s trial in Thailand, where he was living when the 2023 attack took place in Vietnam, is due on Sept. 30 at 1 p.m., a court was told on Monday.

Authorities probe orphanage after Buddhist abbot praises ‘barefoot’ monk. RFA; 2024-08-30. Vietnamese authorities are investigating a monastery orphanage’s child-rearing activities after a Buddhist abbot delivered a lecture expressing admiration for a monk who became an internet sensation in May. Abbot Thich Minh Dao founded the Minh Dao Monastery in southeastern Ba Ria-Vung Tau province in 2006. It has become known for its charitable work in raising and educating abandoned children. Minh Dao recently made positive comments about Monk Thich Minh Tue, whose barefoot pilgrimage across Vietnam attracted attention on TikTok and other social media platforms from supporters who were drawn to his simple lifestyle and humble demeanor.

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