Democracy Activist Phan Van Bach Sentenced to 5 Years

Key events:

Hanoi Court Sentences Democracy Activist Phan Van Bach to 5 Years in Prison on ‘Anti-State’ Charges
Court Rejects Lawyer’s Appeal of ‘Abusing Democratic Freedoms’ Conviction
Cybersecurity Police Continue to Fine Internet Users Accused of ‘Spreading False Information’ Regarding Flooding Situation

Hanoi Court Sentences Democracy Activist Phan Van Bach to 5 Years in Prison on ‘Anti-State’ Charges

The Hanoi People's Court on Sept. 16 sentenced Phan Van Bach, a democracy activist and former contributor to the independent YouTube channel CHTV, to five years in prison on charges of “distributing anti-state propaganda” under Article 117 of the Penal Code.

Bach, 49, who requested his lawyers allow him to defend himself, was convicted in a trial that lasted just about one hour. The procuracy charged the former activist under Section 1 of Article 117, which prohibits activities such as “making, storing, disseminating or propagandizing anti-state information,” “sowing confusion among the people,” and “committing psychological warfare.”

Bach was arrested last December after the police alleged he had produced and published articles and video clips on social media that contained anti-state content. According to the indictment, between 2018 and 2022, Bach had used a Facebook account under his name to post 12 articles and six video clips that allegedly “distorted the policies of the party and the state,” “denied the leadership role of the Vietnamese Communist Party,” and “defamed state leaders and incited the masses to oppose the government.”

Le Van Luan, one of Bach’s defense lawyers, said that although his client admitted what he did, he knew that what he published on social media could violate the Penal Code. Furthermore, according to Luan, Bach proposed that Article 117, under which he was prosecuted, be amended. The democracy activist does not plan to appeal the conviction, the lawyer added.

Before Bach's trial on Sept. 12, Human Rights Watch called on the Vietnamese authorities to “drop all charges and release” him. The rights group noted that Bach is an active campaigner for democracy and human rights and has participated in numerous demonstrations to protest the Law on Cybersecurity and the maritime pollution disaster caused by Formosa Ha Tinh Steel Co. in 2016.

Nguyen Thi Yeu, Bach’s wife, also informed the public on social media that her husband had suffered from scabies and intestinal illnesses while in custody, making him lose nearly 25 kg (55 pounds) since his arrest. In a statement published on X after the trial, Freedom House, a watchdog for freedom of expression, urged the Vietnamese government to provide Bach with “necessary medical care” and “facilitate his immediate and unconditional release.” The Washington D.C.-based nonpartisan watchdog group also called the sentencing “unjust” and said they are “deeply concerned” about his health.

Court Rejects Lawyer’s Appeal of Charge of ‘Abusing Democratic Freedom’

An appellate court in Ho Chi Minh City on Sept. 17 rejected the appeal of attorney Tran Van Sy, who received a two-year sentence under Article 331 of the Penal Code for “abusing democratic freedoms” last March. Sy was accused of “defaming and violating the confidentiality of personal information and privacy” of media influencer Nguyen Phuong Hang, her husband Huynh Uy Dung, and their company, Dai Nam Joint Stock Co. Hang became widely popular on social media after she appeared on her talk shows in 2023 and made allegations against many other influencers, lawyers, and celebrities.

In September 2023, Hang was similarly tried and convicted under Article 331 and sentenced to three years in prison. Sy, 67, and Dang Thi Han Ni, a journalist, were targeted by Nguyen Phuong Hang, who alleged they committed fraud. Sy and Ni were arrested and prosecuted after appearing on other live streams and talk shows to counter Hang's arguments. Sy was sentenced to two years in March this year, while Ni received one and a half years in prison under Article 331. After the conviction, Sy appealed and requested a sentence reduction or an exemption from criminal liability due to medical issues.

However, the appellate court rejected the appeal, stating that the medical conditions Sy suffers “do not diminish the danger he poses to society” and because he has “committed his crimes more than once.” The indictment of Sy declared that between August and October 2021, Sy had used the YouTube account under his name, “Lawyer Tran Van Sy,” to publish eight videos that “contained fabricated information to defame the honor, reputation, and dignity of Nguyen Phuong Hang, Huynh Uy Dung, and the Dai Nam Joint Stock Co.”

Cybersecurity Police Continue to Fine Internet Users Accused of ‘Spreading False Information’ Regarding the Flooding Situation

Vietnam has been grappling with a heavy death toll and devastating consequences as a result of Typhoon Yagi, which hit the country last week and caused severe landslides and floods in many of the northern provinces. The cybersecurity police have continued to discipline internet users accused of “publishing false information” about the region's disasters.

On Sept. 13, the Department of Cybersecurity and High-Tech Crime Prevention of the Ha Nam Provincial Police fined two social media users named Q.N. and K.N., who live in Ly Nhan District and Phu Ly City, 7.5 million dong ($304) each for uploading two photos showing the severe flooding in Phu Ly on their Facebook account with the caption “Ha Nam has fallen.” The police claimed that such information was “false” and aimed at “instilling fear and confusion in the public.” They also ordered social media users to remove the postings and not repeat the same offense.

In another incident, the Department of Information and Communications of Thai Nguyen Province on Sept. 16 imposed a fine of 7.5 million dong on P.P.T.G., 40, who lives in Vo Thuong Commune, under Article 101 of the cybersecurity decree 15/2020/ND-CP. P.P.T.G. was accused of sharing unverified information about the existence of a rescue helicopter that he claimed could assist residents in the flooded areas. He wrote that residents who were stranded by the flooding could climb on the roof of their houses and signal for help. The authorities declared the information “fabricated,” resulting from the user not knowing social media law.

Preliminary estimates by The Ministry of Planning and Investment show that Typhoon Yagi has inflicted damage worth about $1.6 billion on the Vietnamese economy and could hamper its growth by 0.15% this year. Meanwhile, the Ministry of Agriculture and Rural Development said that as of 5 p.m. on Sept. 14, flash floods and landslides caused by the typhoon resulted in at least 276 dead, including 27 children who lost their lives in an avalanche of rocks and soil that swept away an entire village. Meanwhile, stranded 76 other people were reported missing.

Quick takes:

Gia Lai Police Discipline Facebook User After He Declares Ho Chi Minh a Member of an Illuminati Group

The Chu Se Commune Police in Gia Lai Province on Sept. 15 fined Nguyen Duy Anh, 37, a social media user living in the province, a 7.5 million VND fine under Article 101 of the cybersecurity Decree 15/2020/ND-CP for allegedly “insulting the reputation and honor of state and party leaders.” The police declared that as they scrutinized cyberspace, they found a Facebook account named “Anh Duy Nguyen” that uploaded a “distorted” video saying that Ho Chi Minh is a member of an Illuminati group and that his name is associated with Satanism. The authorities found that Anh owned that social media account and summoned him for questioning.

The Dam Ha Commune Police in Quang Ninh Province on Sept. 16 fined a 22-year-old social media user named H.T.T. 5 million dong for the alleged defamation of another “individual's reputation, honor and dignity” in cyberspace. The police said they received a report from a person living in Quang Ninh named B.T.L., who claimed that a Facebook account owner, H.T., had posted insulting content about her on the social network. The Dam Ha Commune Police declared that H.T.T. owned that account, and they requested she remove all the “defamatory” information.

Vietnam Insight: Learn more about Vietnam

To Lam Signals No Honeymoon for Vietnamese Journalists and Dissidents

The Diplomat/ Luke Hunt/ Sept. 11

“Additionally, rights groups say Vietnamese police arrested at least 269 people on similar offenses when [To] Lam was head of the Ministry for Public Security between April 2016 and May 2024.

Since then, Human Rights Watch (HRW) has counted seven people who have been sentenced for criticizing the government, including Nguyen Chi Tuyen – also known as Anh Chi – who was jailed for five years in August, after his initial detention alongside [Nguyen Vu] Binh on February 29.

Estimates vary, but human rights groups say there are about 170 political prisoners in Vietnam, many of them bloggers or well-intentioned citizen journalists. In other words, they are amateurs in trouble but worthy of support.”