Vietnam Sentences Activist Nguyen Chi Tuyen to Five Years of Imprisonment

Key events:

• Court Sentences Democracy Activist Nguyen Chi Tuyen to Five Years in Prison
• Vietnam Delays Response to UN Special Rapporteurs’ Letter Concerning Repression of Religious Minorities
• To Lam Travels to China in First State Visit as Party General Secretary

Nguyen Chi Tuyen Receives Five Years Imprisonment Under Article 117

The pro-democracy activist and YouTuber Nguyen Chi Tuyen on Aug. 15 received five years in prison on a charge of “distributing anti-state propaganda,” a violation of Clause 1 of Article 117 of the Penal Code, the Hanoi People’s Court declared. He was arrested in February this year and kept in solitary confinement, and only his lawyer, Le Dinh Viet, has been able to see him in custody.

Tuyen, also known as Anh Chi, was indicted for publishing two videos on his YouTube channel in 2021 that allegedly violated Article 117. The videos discussed corruption and suggested that opening the country to political pluralism could help Vietnam effectively prevent and combat this chronic issue. The lawyers asked the court to summon officials from the Hanoi Department of Information and Communications, who reviewed the alleged videos, to inquire about their evaluation methods. However, these people have requested to be absent.

The 50-year-old activist is also a vocal critic of China’s expansionism in the South China Sea and has joined similar demonstrations demanding more urgent actions by the Vietnamese government to uphold its sovereignty.

Radio Free Asia (RFA) said the trial lasted about five hours. Only Tuyen’s three lawyers, Le Dinh Viet, Nguyen Ha Luan, Pham Le Quyen, and his wife were allowed inside the courtroom. However, the court declared that it was an open trial. His friends and relatives could only stand near the perimeter of the court.

One of the lawyers said that the activist has not pleaded guilty to these allegations, arguing that Tuyen only exercised his constitutional rights and freedom of expression as guaranteed by the International Covenant on Civil and Political Rights, which Hanoi has ratified. The lawyer, who declined to be named, added that Tuyen would consider whether or not to appeal his sentence in the next two weeks.

The Committee to Protect Journalists (CPJ), in a statement released on Aug. 15, condemned the conviction and called for his immediate release. CPJ’s senior Southeast Asia representative Shawn Crispin said that Tuyen’s sentencing “is the latest outrage against Vietnam’s free press and should be promptly reversed.” In another diplomatic protest, the European Union Delegation to Vietnam on Aug. 16 urged Hanoi to release Nguyen Chi Tuyen. They also regret that the court had not responded to several EU diplomatic missions’ requests to observe the trial.

“We recall that Vietnam is party to the International Covenant on Civil and Political Rights since 1982 and recognises the right to freedom of expression,” the EU Delegation statement said. “The freedoms of opinion and expression - online and offline - are fundamental pillars of democracy, and make vital contributions to ensuring transparency, social justice, sustainable, inclusive development and sustained stability and prosperity.”

Vietnam Delays Response to UN Special Rapporteurs’ Letter Concerning Repression of Religious Minorities

The Vietnamese diplomatic mission in Geneva has requested a two-month delay in responding to a United Nations Special Rapporteurs’ Communication regarding the government’s repression of religious minorities in the Central Highlands. The UN letter, dated June 14, 2024, raised concerns over Hanoi’s discrimination and persecution of ethnic minorities, such as the Montagnards, by designating their religious organizations as “terrorist groups” and pursuing Montagnard believers who are living in exile in Thailand.

Additionally, the UN Special Rapporteurs expressed their concern over the mysterious death of Y Bum Bya, a member of the Protestant group Evangelical Church of Christ in the Central Highlands (ECCCH). According to reports, Y Bum Bya was found hanging in a cemetery near his house after the police summoned him for questioning about his religious activities. The Protestant follower was reportedly forced to renounce his faith and abandon his improvised house church.

At the same time, the communication also raised alarms over the visit of Vietnamese public security officers to a neighborhood in Bangkok where Vietnamese refugees who fled the country to avoid police persecution of their spiritual practices live. The police officers persuaded these refugees to return to Vietnam in exchange for government financial support. The special rapporteurs noted that such a visit violated the principle of non-refoulement, in which the host country must not extradite refugees to their home country, where they can face physical risks and abuses.

In their joint letter, a coalition of 13 UN human rights experts requested that the Vietnamese government clarify the reasons for the arrests of suspects in the June 2023 attack in Dak Lak and whether the suspects were treated under international human rights law, such as the right to lawyers and freedom from torture or cruel, inhumane treatment. The experts also demanded the government provide an explanation of its framing of religious organizations as “terrorist groups” and whether or not these methods infringe on the right to freedom of religion and beliefs of the indigenous communities.

Early in the morning on June 11, 2023, an unidentified group of individuals wielding firearms carried out an assault on the police headquarters situated in Ea Tieu and Ea Ktur communes. The attack claimed the lives of several officers and civilians while also leaving numerous others injured. 

To Lam Travels to China in First State Visit as Party General Secretary

The General Secretary of the Vietnamese Communist Party and President To Lam landed in the city of Guangzhou in southern Guangdong Province on Aug. 8, marking the start of his three-day visit to China at the invitation of President Xi Jinping. State media in Vietnam have hailed the trip as “a significant occasion” for developing a diplomatic partnership between the two countries and the two Communist parties.

Reuters reported, citing confirmation from several government officials and diplomats. This would be his first foreign trip since he ascended to the post of general secretary earlier this month following the demise of his predecessor, Nguyen Phu Trong. The visit will consolidate Hanoi’s relationship with Beijing, Vietnam’s largest trading partner and export market. Lam is expected to meet with President Xi Jinping and other key officials in China.

The Global Times, a Chinese government mouthpiece, wrote that To Lam’s visit “underscored the unique and strategic significance of China-Vietnam relations” and indicated that “cooperation with China is a top priority of Vietnam's foreign policy in the post-Trong era.” The state-controlled media outlet also quoted several officials who revealed that one of To Lam’s primary purposes for the visit is to hold high-level discussions with Chinese officials on developing strategic cooperation between the two parties.

Quick takes:

Social Media User Jailed Under Article 331 for ‘Defaming’ Local Chief Justice:

Tran Minh Loi, a Facebook user living in Cu Kuin District, Dak Lak Province, received a five-year sentence on a charge of “abusing democratic freedoms” after he was convicted of “defaming and insulting several individuals and organizations,” including the district chief justice. According to state media, Loi owns a consultancy firm that provides legal advice and services for local defendants, although the authorities alleged that his firm is unauthorized. The court announced that when resolving civil disputes, Loi has reportedly used his social media account to post “false, baseless and unverified information” about different officials and police officers in Dak Lak Province.

Ministry of Home Affairs to Increase Control over Religious Organizations:

Vietnamese authorities have directed different governmental agencies, including the Government Committee for Religious Affairs, to assert greater state control over the publication of religious teachings and preachings on social media that are “controversial” and “inconsistent with the doctrines of Buddhism and the culture of Vietnam.” The Ministry of Home Affairs announced they had established three inspection teams to monitor religious practices in Quang Ninh and Ba Ria-Vung Tau provinces and Ho Chi Minh City. According to state media, the ministry also ordered state-controlled religious organizations to supervise its dignitaries and strictly discipline those who “violate the law.”

Public Security Minister Luong Tam Quang Becomes Politburo Member:

The Party Central Committee on Aug. 16 approved the election of Lt. Gen. Luong Tam Quang, Minister of Public Security, as a member of the 13th Politburo for the 2021-2026 term. Quang became the leader of the influential public security ministry after his predecessor, To Lam, ascended to the presidency. The lieutenant general also became the first minister to serve in this national police force without having a Politburo membership, a requirement for high-level politicians. However, Quang was appointed as a Politburo member, although he had yet to serve a full term in the Central Committee, violating Regulation 214-QD/TW, which elaborates on personnel appointments.

Vietnam Insight: Learn more about Vietnam

As Vietnam tightens leash on criticism, scores are jailed and exiled

The Washington Post/ Rebecca Tan/ Aug. 14

“Vietnam experienced a period of political liberalization in the 2000s but has grown more repressive with the rise of hard-liners in the Communist Party, Vietnam analysts say. The party has further tightened its grip amid an internal power struggle in recent months that has resulted in To Lam rising to the top of the party.

Organizations that developed over the past three decades to support free speech and hold the government accountable have been “completely decimated,” said Ben Swanton, director of the 88 Project. Independent publishing houses, journalist associations, think tanks and nonprofits have closed in quick succession, outlawed by the government or shuttered by leaders fearing arrest.

“There’s no one left inside able to put up any organized resistance,” Swanton said. Human Rights Watch, the Committee to Protect Journalists and Amnesty International have sounded similar alarms.”

Vietnam’s Plan to Populate Social Media with Interactive Propaganda Faces Challenges

Fulcrum/ Nguyen Thanh Giang/ Aug. 13

“In March, the then chairman of Parliament Vuong Dinh Hue publicly admired “private livestreaming shows on TikTok and YouTube, with hundreds of thousands of viewers each time” and urged the government to organise similar media events for legal debates. In June, Minister of Information and Communications Nguyen Manh Hung promised to help the new operation with “capacity-building and technical training”, so the interactive sessions with the participation of policy experts and influencers could attract a mass audience. Extra funding was planned for this recruitment.

The implementation of this new plan is, however, hindered by very tight media control, the plan’s lack of compatibility with social media, and the public’s low trust in the government’s messages.”