More Social Media Users Convicted Under Articles 117 and 331 of the Penal Code

Key events:

Social Media User and Activist Persecuted Under Article 117 for Posting ‘Anti-State Propaganda’
Facebook User in Tuyen Quang Province Imprisoned Under Article 331 for Defaming Local Judges
National Assembly Appoints Key Government Personnel, Includes Three New Deputy Prime Ministers

Vietnamese authorities have used Article 117 of the Penal Code, which prohibits the “distribution of anti-state propaganda,” to imprison a social media user and prosecute another person for sharing and posting information that the government alleged was politically inappropriate.

On Aug. 26, the People's Court of Ha Tinh Province tried and sentenced Phan Dinh Sang, 57, a social media user living in Huong Khe District, to six years in prison and two years of probation under Article 117 due to his posting and sharing of information that “distorted history and slandered the authorities.” According to the provincial procuracy, between 2016 and 2023, Phan Dinh Sang had created and managed five different Facebook accounts to bring together reactionary opposition groups and associations in cyberspace “due to his dissatisfaction with the government.”

The Security Investigation Agency of the Ha Tinh Provincial Police arrested and prosecuted Sang in March after it found him “spreading propaganda in an attempt to oppose the Socialist Republic of Vietnam.”

Meanwhile, the People’s Procuracy of Hanoi said in an announcement dated July 19 that it had officially prosecuted Phan Van Bach, an activist who formerly contributed to a YouTube channel named Chấn Hưng TV that discussed social issues and injustices under Article 117. Bach, 49, also joined public demonstrations in 2018 to protest China’s excursions in the South China Sea and the maritime pollution caused by steel maker Formosa Co. However, he has ceased activism recently and is now focused on his business.

The investigation results of the Security Investigation Bureau showed that between 2018 and 2022, Bach had used his Facebook account to post 12 articles and six video clips that allegedly “distort the Party's policies and defame the Socialist Republic of Vietnam.” He was also accused of posting information that attempted to “deny the leadership of the Communist Party of Vietnam” and “defame state ladders and incite the masses [to oppose the government.]”

Nguyen Thi Yeu, Bach’s wife, told Radio Free Asia (RFA) that she first met her husband on June 4, 2024, after being detained in December 2023. Yeu said that Bach only weighed around 40 kilograms (88 pounds) when she visited him in detention, adding that he’d lost roughly 25 kg since his arrest. She said that Bach had developed intestinal disease and had scabies all over his body while living in a small detention cell that held more than 30 people.

Facebook User in Tuyen Quang Province Imprisoned Under Article 331 for “Defaming” Local Judges

After a two-day virtual hearing beginning on Aug. 21, a court in Tuyen Quang Province convicted Le Phu Tuan, 52, a Facebook user in Chiem Hoa District. It sentenced him to four years and eight months on charges of “abusing democratic freedoms to infringe upon the interests of the state and the legitimate rights and interests of other organizations and individuals” under the contentious Article 331 of the Penal Code.

According to the court indictment via state media, in the three months between September and December 2023, Le Phu Tuan had used his personal Facebook account to livestream and post a total of 21 videos that “violated the interests of the state and the legitimate rights of other provincial and district agencies.” The court said such content had attracted public attention, reduced the civilians’ trust in the state, and damaged the reputation of other government agencies.

The indictment declared that Le Phu Tuan had previously filed two civil lawsuits to the court of Chiem Hoa District and the provincial court of Tuyen Quang, and these courts have reportedly resolved the issue. However, due to his dissatisfaction with the results, Tuan used his personal Facebook account to “distribute false and fabricated information” that “negatively affects the reputation of the judges and prosecutors assigned to solve the cases,” the court said. The Investigation Bureau of Chiem Hoa District Police also determined that Tuan’s activities had “caused insecurity and disrupted order in the area.”

National Assembly Appoints Key Government Personnel, Includes Three New Deputy Prime Ministers

Vietnam’s National Assembly appointed three new deputy prime ministers, two ministers, the chief justice of the Supreme People’s Court, and the director of the Supreme People's Procuracy after convening an extraordinary session on Aug. 26. The session occurred after President To Lam assumed his role as general secretary of the Vietnamese Communist Party earlier this month.

The legislature is also scheduled to elect a new state president this October following a resolution of the Central Party Committee, its general secretary, Bui Van Cuong, said during a press conference on the same day.

According to the official announcement, the assembly’s lawmakers had voted in near unanimity to approve three new deputy prime ministers: Nguyen Hoa Binh, former justice of the Supreme People’s Court, Ho Duc Phoc, minister of finance, and Bui Thanh Son, minister of foreign affairs. On that same day, the national legislature also appointed Do Duc Duy, secretary of the Yen Bai Provincial Party Committee, as the minister of natural resources and environment, and Nguyen Hai Ninh, secretary of the Khanh Hoa Provincial Party Committee, as minister of justice.

At the same time, the Supreme People’s Court and the Supreme People’s Procuracy had their new leaders in this significant reshuffle of government positions for the 2021-2026 term. During the extraordinary meeting, the National Assembly elected Nguyen Huy Tien, deputy director of the Supreme People's Procuracy, as the new leader of this prosecution agency. The legislature’s lawmakers also voted in near unanimity and handpicked Le Minh Tri, former director of the supreme procuracy, as the new chief justice of the Supreme People’s Court.

Quick take:

Foreign Affairs Ministry of Foreign Affairs spokesperson Commends Fulbright University Vietnam Following Online Disinformation Campaign:

A Ministry of Foreign Affairs spokesperson on Aug. 26 hailed the Fulbright University Vietnam as “the achievement of educational cooperation between Vietnam and the United States, especially in high-quality human resource training.” The announcement was made after the university became a target of an online disinformation campaign that accused it of nurturing a “color revolution” in the country, a term frequently used by Hanoi to frame popular dissident movements. Pham Thu Hang, the spokesperson, added that Vietnam wanted the university to “continue its practical contribution to the development of the friendship and cooperation between Vietnam and the U.S.”

PEN America Urges the Under Secretary of the U.S. State Department, Uzra Zeya, to Push Hanoi to Release Imprisoned Writers:

PEN America on Aug. 26 urged Under Secretary of State for Civilian Security, Democracy, and Human Rights Uzra Zeya to call on Hanoi to free imprisoned writers, including journalists Pham Doan Trang and Le Huu Minh Tuan, ahead of Zeya’s visit to Vietnam this week. The trip is said to “advance [bilateral] partnerships on human rights, humanitarian cooperation, and human-centered civilian security,” Under Secretary Zeya wrote on X. According to PEN America, Vietnam is the world’s third largest jailer of writers, with 19 of them are behind bars as of 2023. The freedom of expression advocate also mentioned the worsening health of Trang and Tuan, emphasizing the importance of their immediate release.

German Parliament Member Andreas Jung Announces Sponsorship of Dang Dinh Bach:

Andreas Jung, a member of the German parliament, the Bundestag, announced on Aug. 23 that he would assume the political sponsorship of lawyer and civil society leader Dang Dinh Bach, who was imprisoned under “tax evasion” charges under the “Parlamentarier schützen Parlamentarier” (Parliamentarians protect parliamentarians - PsP) program. Jung said in an announcement that he admired the “brave and determined commitment” of Bach, director of the Law and Policy of Sustainable Development Research Center (LPSD), for his advocacy of Vietnam’s transition into a green and sustainable economy. The German parliament member also raised concerns about Bach’s frail health in prison due to the lack of medical care and maltreatment of the disciplinary authorities.

Vietnam Insight: Learn more about Vietnam

Vietnam Party Boss To Lam Surrounds Himself with Police Allies

Nikkei Asia/ Lien Hoang/ Aug. 28

“[Nguyen Phu] Trong was secretary of the Vietnamese Communist Party until his death in July, leaving the powerful post to [To] Lam, one of the country's longest-serving security ministers. [University of Oregon political scientist Tuong] Vu sees the latest round of musical chairs as yet another step to remove rivals and surround Lam with allies like Binh, a major general from the security ministry, and chief justice Le Minh Tri, who has experience in national and local security and anti-corruption.

In mid-August, the party Politburo added Security Minister Luong Tam Quang as a member. As a result, six of 15 members of the top decision-making body derive from public security.”