Energy Policy Activist Ngo Thi To Nhien Sentenced to 42 Months in Closed-Door Trial

Key events:

• Hanoi Court Convicts Energy Policy Activist Ngo Thi To Nhien in Closed-Door Trial
• Vietnam Schedules Trial for Activist Nguyen Chi Tuyen for August
• U.S. Department of Commerce Postpones Ruling on Vietnam’s Market Economy Status

Hanoi Court Convicts Energy Policy Activist Ngo Thi To Nhien in Closed-Door Trial

According to Project88, the Hanoi People’s Court sentenced energy policy activist Ngo Thi To Nhien to three and a half years in prison in a closed trial on June 27 on charges of “appropriation of documents” under Article 342 of the Penal Code. The court did not disclose the details of Nhien’s conviction,

Nhien, executive director of the Vietnam Initiative for Energy Transition Social Enterprise (VIET), became the sixth civil society leader arrested and convicted since 2021. The Vietnamese government has also imprisoned several other climate change leaders, including Dang Dinh Bach and Hoang Thi Minh Hong, on “tax evasion” charges. This is a ploy the government uses to silence environmental activists.

Nhien's conviction came one month before the European Union representative in Vietnam announced that the EU High Representative for Foreign Affairs and Security Policy Josep Borrell planned to visit the country between July 29 and 31 to hold talks with Vietnamese leaders to enhance cooperation in security, renewable energy, and sustainable development.

Two advocacy groups, the International Federation for Human Rights and the Vietnam Committee on Human Rights, released a joint letter ahead of Borrell's arrival urging him to secure the release of Ngo Thi To Nhien and other imprisoned environmental activists Dang Dinh Bach and Hoang Thi Minh Hong.

The letter highlights Hanoi’s troubling initiation of a crackdown on nonprofit organizations that seek to steer the country away from its heavy reliance on fossil fuels to combat climate change. Both groups also called on Borrell to pressure Vietnam to regard human rights as a crucial part of its relationship with the EU and the EU-Vietnam Free Trade Agreement, which guarantees the participation of the civil society sector in monitoring the implementation of the agreement.

Vietnam Schedules Trial for Activist Nguyen Chi Tuyen in August

A Hanoi court has scheduled the trial for Vietnamese blogger and activist Nguyen Chi Tuyen for Aug. 15 following his arrest on charges of “distribution of anti-state propaganda” in February this year. Radio Free Asia (RFA) has obtained and verified a court notice dated July 22 showing Tuyen was prosecuted under Clause 1, Article 117 of the Penal Code. He could face a maximum sentence of 12 years imprisonment if convicted under this criminal code.

Tuyen, 50, has been reportedly held incommunicado since his detention, and his family said they could not visit him while he was in police custody and that they were only allowed to send him supplies. The Hanoi activist is prominently known for his participation in rallies and demonstrations against the encroachment of Chinese ships into Vietnamese maritime territory in the South China Sea. He also runs two YouTube channels that discuss multiple social issues and human rights violations of the Communist government.

Tuyen’s family has hired attorney Nguyen Ha Luan as the defense lawyer. Luan told RFA that he had met his client in detention and was preparing for the coming trial. The hearing, expected to be held at the Hanoi People’s Court, will be open to the public.

U.S. Department of Commerce Postpones Ruling on Vietnam’s Market Economy Status

The U.S. Department of Commerce has delayed a ruling on whether or not Vietnam should be designated as a market economy until Aug. 2; the result was initially scheduled to be announced on July 26. A spokesperson for the Commerce Department said the delay was due to a technological disruption within CrowdStrike Holdings Inc. that affected some anti-dumping and countervailing duty report filings, including the status case of Vietnam.

Hanoi argued that Washington’s designation of Vietnam as a market economy would substantially benefit its export-oriented economy, where trade accounts for nearly half of its total output. The U.S. currently classifies Vietnam as a “non-market economy,” subjecting its exporters to anti-dumping duties. The Southeast Asian country has been lobbying for an upgrade of its economic status following an elevation of bilateral diplomatic partnership during a visit by President Joe Biden last September. 

However, many U.S. lawmakers and Vietnam-focused human rights advocacy groups have opposed the potential elevation, citing the country’s heavily subsidized state-run industries and the lack of free bargaining between Vietnamese workers and management, which could possibly harm American businesses. Seven senators expressed similar concerns in a joint letter dated July 24 to Commerce Department Secretary Gina Raimondo.

In the letter, the Arizona, Mississippi, Louisiana, Alabama, and Arkansas lawmakers have raised concerns over Directive 24, issued by Vietnam’s  Politburo, which perceives international cooperation and commerce as “threats to national security.” The directive also designated civil society groups and trade unions as potential threats and ordered more restrictive measures to control and punish these actors.

The senators said the Department of Commerce has “a mandate to promote America’s interests.” They urged the Biden administration not to pursue a “misguided geopolitical strategy” by declaring Vietnam a market economy. “We urge you to honor this mandate and continue to treat Vietnam as a non-market economy,” the letter said.

Quick takes:

Rights Advocates Call on Thai Authorities Not to Extradite Montagnard Activist Y Quynh Bdap: 

A Human Rights Watch (HRW) researcher and a Thai senator have called on Thailand to reconsider the extradition of Montagnard activist Y Quynh Bdap to Vietnam at Hanoi’s request. A Thai court postponed the trial of Bdap, 32, until Aug. 1 after his lawyer said he needed more time to prepare for his defense. Sunai Phasuk, the HRW researcher, said during a seminar in Bangkok on July 25 that Bdap could possibly face torture, disappearance, or even death if he is returned to Vietnam. Meanwhile, Thai Senator Angkhana Neelapaijit urged the government to follow international standards on human rights and ensure all extradition requests go through the Court of Justice.

U.S. Congress Members Urge Thailand to Release Y Quynh Bdap:

Four U.S. Congress members have raised the case of Montagnard activist Y Quynh Bdap in a joint letter dated July 26  addressed to the Thai government, urging Bangkok to immediately release the activist and allow him to resettle in a third country. The letter, co-signed by representatives Michelle Steel, Lou Correa, John Moolenaar, and Chris Smith, expressed concerns that Bdap could face serious threats upon his return to Vietnam and that the extradition could be a warning for other Vietnamese refugees seeking asylum in Thailand on transnational repression. 

Royal Thai Police Detain Three Vietnamese Asylum Seekers in Pathum Thani: 

Thai Police on July 23 detained three Vietnamese asylum seekers on charges of violating Thailand’s migration laws, indicating that they could be deported to Vietnam. Nguyen Van Long, Nguyen Thanh Khai, and Thach Phum Rich were arrested at their workplace in Khu Khot District, Pathum Thani Province, where around 100 Vietnamese families sought refuge. These asylum seekers reportedly did not have passports or other relevant documents. According to RFA, each refugee received a fine of 9,000 baht (US$250) for violating Thailand’s immigration laws following a hearing on July 26. They are currently in detention.

Police General Denounces Accusations of the Detention of Political Prisoners: 

Maj. Gen. Nguyen Van Ky, deputy chief of the Permanent Office for Human Rights, rejected Vietnam’s detention of political and religious prisoners on July 19 after the Tom Lantos Human Rights Committee called for the release of journalist Pham Doan Trang, entrepreneur Tran Huynh Duy Thuc, and two religious activists Y Yich and Y Pum Bya. Ky said Vietnamese citizens “have democratic freedoms, but these rights must stay within the framework of the law.” According to human rights groups, including Amnesty International and the Committee to Protect Journalists, Vietnam currently detains dozens of prisoners of conscience and journalists due to the exercise of their basic civil rights.

Ho Chi Minh City Bar Association Disbars Tinh That Bong Lai Lawyer:

Attorney Dao Kim Lan, one of the defense lawyers of the Buddhist temple Thiền am bên bờ vũ trụ (A Small Zen Hermitage on the Edge of the Universe), has had his membership in the Ho Chi Minh City Bar Association revoked because he “had not paid membership fees for many years.” Lan and two other defense lawyers, Dang Dinh Manh and Nguyen Van Mieng, fled to the U.S. in June last year. They sought political asylum after the Long An Provincial Police Department filed a search warrant against them because they defended the Thiền am bên bờ vũ trụ. A court in Long An convicted and imprisoned six monks and nuns of this temple on the charge of “abusing democratic freedoms” under Article 331 in July 2022.

Vietnam Insight: Learn more about Vietnam

What Vietnam’s leadership change could mean for Beijing and the South China Sea dispute

South China Morning Post/ Shi Jiangtao/ July 26

“Despite the political turmoil, [Zachary] Abuza said he expected “absolutely no change” in Vietnam’s foreign policy, with Hanoi remaining “studiously neutral” – with deep economic ties to both China and the US and its allies.

But the new leader could look to make changes on the economic front.

“I think the next general secretary will be more pragmatic. Economic growth is the key to the party’s legitimacy. But I expect there to be few changes before the 14th party congress in January 2026. The leadership is consumed with preparations for the party congress and is more or less in a lame-duck session.”