Freedom House Declares Vietnam’s Internet ‘Not Free;” Rights Groups Urge Thailand to Stop Extradition of Y Quynh Bdap

Key Events

• Freedom House: Vietnam’s Internet is ‘Not Free’
• Foreign Affairs Spokesperson: Hanoi Will Coordinate with Thai Authorities to Extradite Y Quynh Bdap
• Trinh Ba Tu and Bui Van Thuan, Prisoners of Conscience, Continue Hunger Strikes for Nearly Three Consecutive Weeks

Freedom House: Vietnam’s Internet is ‘Not Free’

Freedom House, a  pro-democracy NGO based in Washington D.C., has classified Vietnam as “not free” when it comes to internet freedom. The ranking was made in the organization’s  annual report released on Oct. 16. This year, the Southeast Asian country received a score of 22 out of 100, similar to that in 2023. The score is analyzed based on three criteria: Obstacles to Access, Limits on Content, and Violations of User Rights. According to Freedom House, countries with the highest score of 100 are considered the most free.

Vietnam receives 12 points out of 25 on “Obstacles to Access,” six out of 35 on “Limits on Content,” and only four out of 40 when it comes to “Violations of User Rights.” Freedom House’s evaluation shows that the government has continued to restrict Vietnamese citizens’ right to a liberal internet environment by punishing internet users, forcing social media platforms to comply with content moderation and censorship requests.

The Ministry of Information and Communications has issued numerous internet and information control decrees. One of them is a draft decree introduced to replace Decree 72/2013/ND-CP, which would require social media platforms to verify the identity of their users and block unverified accounts from accessing their services. This decree also authorizes internet providers to suspend services of individuals accused of sharing information that endangers “national security” and is deemed “critical of the regime.”

Last year, the authorities suspended and fined Zing News, an e-magazine, twice in June and July 2023, a total of 423 million dong ($17,400) for creating and publishing news, which is not a part of their registered mandate. Only state-owned newspapers are allowed to produce and publish news articles. Meanwhile, access to the webpages of Vietnamese language services of foreign news outlets, such as Radio Free Asia (RFA), Voice of America (VOA), and the British Broadcasting Corp. (BBC), has primarily been blocked. Other independent blogs that promote human rights and religious freedom may face being blocked inside the country but to a lesser extent.

The government also persecuted and imprisoned human rights defenders, bloggers and internet users for their online activities. Most dissidents and critics were charged under Article 117 and Article 331 of the Penal Code, which criminalizes “making, storing, disseminating, propagandizing antistate information and materials” and “abusing democratic freedoms to infringe on other individuals and organizations’ legitimate interest.”

In March this year, Nguyen Van Lam, administrator of a dissident web page called “The Diary of Patriots,” received an eight-year sentence under Article 117. Other well-known activists, such as Nguyen Chi Tuyen and Nguyen Minh Son, were imprisoned for their publication of materials considered “insulting the Communist leadership.” In January and February this year, the police interrogated Tran Mai Son and Ngo Thi Oanh Phuong, two social media users who often shared posts critical of Vingroup’s business model and its rights violations, prompting Son to seek asylum abroad.

Foreign Affairs Spokesperson: Hanoi Will Coordinate with Thai Authorities to Extradite Y Quynh Bdap

A spokesperson for Vietnam’s Ministry of Foreign Affairs declared in a regular press conference on Oct. 17 that Vietnam would cooperate with Thai authorities to enforce the extradition of Montagnard activist Y Quynh Bdap and that he would be subject to prosecution under the provisions of the law in Vietnam once he is extradited.

Pham Thu Hang, the spokesperson, also alleged that Bdap was the perpetrator of attacks against two government headquarters in Dak Lak Province last June. He said Bdap “directly recruited, incited, and carried out” the assault and “caused severe consequences.” The Security Investigation Bureau of Dak Lak issued a wanted warrant for Bdap in August last year, saying that he and the organization he co-founded, Montagnards Stand Up for Justice (MSFJ), were responsible for the incident. A court in Dak Lak tried Bdap in absentia in January this year and sentenced the 32-year-old activist to 10 years in prison on charges of “committing terrorism against the people’s administration.”

“The extradition of Y Quynh Bdap to Vietnam is appropriate to ensure that all criminals are punished according to the law,” Hang said, adding that “Vietnam will coordinate with Thai authorities to punish [Bdap] under the provisions of both countries’ law.”

The foreign affairs ministry’s statement came a day after independent United Nations human rights experts said they were “deeply troubled” by the Bangkok Criminal Court decision to extradite Y Quynh Bdap and expressed concern that the human rights activist could be at risk of “enforced disappearance, torture or other ill-treatment or punishment and arbitrary detention.” The decision also violated the international obligation of non-refoulement, according to the press release published on the web site of the Office of the High Commissioner for Human Rights.

UN human rights experts said that the Vietnamese mobile court's lack of independence and transparent legal proceedings in Bdap’s trial, was “a prejudicial tool to shame the defendants collectively.” They condemned the terrorism charges against Bdap, saying the allegations were "vague and overly broad. 

The experts highlighted the fact that indigenous Montagnards and religious minorities in Vietnam have faced systemic discrimination and ill-treatment, which prompted some to relocate to Thailand to seek asylum. Meanwhile, the experts noted that the Thai government must also recognize these refugees in their domestic law and provide them with protection and residency status as they await their resettlement.

On Oct. 18, more than 30 international civil society organizations sent a letter to Thailand’s prime minister and foreign minister expressing their concern over the safety of Y Quynh Bdap and calling on the government to comply with international laws and to reject his extradition. The letter stated that the repatriation of Bdap would be a violation of Thailand’s own laws and international obligations to provide shelter to individuals at risk of persecution and torture. They also highlighted Hanoi's long-standing reputation for its repression of indigenous rights.

Trinh Ba Tu and Bui Van Thuan, Prisoners of Conscience, Continue Hunger Strikes for Nearly Three Consecutive Weeks

Prisoners of conscience Trinh Ba Tu and Bui Van Thuan, who are held in Nghe An Province’s Prison Camp No. 6, have been on hunger strikes for at least 19 days while their health has shown signs of deterioration, their families said on social media.

On Oct. 16, Trinh Thu Thao, Tu’s sister-in-law, and her father, Trinh Ba Khiem, paid Trinh Ba Tu a visit at the Nghe An detention facility at around 8 a.m. According to Thao, Tu said that he and two other prisoners, Dang Dinh Bach and Bui Van Thuan, went on a hunger strike to demand the correctional authorities release all political prisoners and immediately end the “tiger cage” as a form of punishment for these prisoners. This method of detention resembles that of an animal cage, which limits the inmates’ movements and interactions with each other when they are placed inside for violations of rules in the prison.

Tu said that he and Thuan continued their strikes, while Bach stopped after 10 days due to his worsening health. He added that Bach’s health gradually recovered two days after he ceased fasting. During the visit with her brother-in-law, Thao said five police officers monitored their conversation, which  was carried out over a phone as they were separated  by a thick, blurry glass partition.

On Oct. 13, medical staff of the Nghe An detention facility conducted a health examination for Trinh Ba Tu. The results showed no signs of threatening illnesses, but Tu’s weight has dropped from 68 kilograms to 59 kilograms. Meanwhile, Bui Van Thuan lost weight and had severe joint pain. Their fellow inmates also petitioned the prison leadership to improve Thuan's living conditions and ask his wife to send him medicines. Thuan refused to end his strike despite urging  by fellow cellmates, Thao said, adding that he is determined to carry out the protest. Thuan’’s health slightly improved in the two days before the visit, and he could walk a little.

Quick Takes

Plastic Surgery Company Fined under Cybersecurity Decree for Posting Video of a ‘Tattooed Policeman”

A plastic surgery business in Hanoi on Oct. 16 received a fine of 15 million dong ($596) after they posted a video clip of a man getting tattoos at their store on TikTok and revealing that the person was, in fact, a policeman. The Ha Dong District Police Department declared that the video contained “false information” and had “affected the reputation and dignity of the public security forces.” This police agency fined the plastic surgery company under Section 1, Article 101 of the Cybersecurity Decree 15/2020, for “distributing and sharing false information that insults the honor and dignity of individuals.” Circular No. 62/2023 of the Ministry of Public Security states that individuals who wish to join the police forces must not have tattoos and piercings (except for women).

Vietnam Issues New Decree on Assembly

The government has issued a new decree for organizing, operating, and managing civil assemblies and groups. Decree 126/2024, announced on Oct. 8, could pave the way for creating and passing the Law on Assembly, a legislation that national lawmakers have postponed since their last discussions in 2016. This decree applies to all Vietnamese citizens who want to establish, operate, and manage civil groups and associations. However, the decree requires that all associations register with the local authorities and that the Ministry of Home Affairs has the authority to approve the establishment or dissolution of any groups that operate within the country.

National Assembly Holds 8th Plenary Session

On Oct. 21, Vietnam's National Assembly will host its 8th session to discuss personnel matters and other critical national development goals. During the meetings, the legislature is expected to elect a new president and appoint the Supreme People's Court judges. Vietnamese lawmakers are scheduled to review 39 key tasks, including 29 items on legal issues, 10 others on socio-economic development and the state budget. Another crucial proposal that will be discussed is the North-South high-speed railway project that runs from Hanoi to Ho Chi Minh City with an estimated construction cost of around $68 billion. This process will typically take place for over a month in Vietnam, and we will know who is going to be the next president of the country soon.

Vietnam Insight: Learn more about Vietnam

Cambodia’s Trilateral Deal Pullout Strains its Relations with Vietnam

Fulcrum/ Huynh Tam Sang/ Oct. 17

“In an astounding turn of events, Cambodia has withdrawn from the Cambodia-Laos-Vietnam Development Triangle Area (CLV-DTA). The 25-year-old sub-regional framework had been in place to strengthen socio-economic, migration and defence ties between the three neighbours through interprovincial cooperation. The CLV-DTA, encompassing 13 provinces (four in Cambodia, four in Laos and five in Vietnam), was motivated by a shared desire to enable economic exchanges across the three countries’ borders.

While acknowledging that the CLV-DTA “has been immensely beneficial” for countries involved, the Cambodian Ministry of Foreign Affairs officially informed Vietnam in a letter that “the cooperation mandate has reached its objectives”.

In August, Vietnamese spokesperson Pham Thu Hang underlined the strategic importance of the economic pact, highlighting that it helped “promote economic, trade and people-to-people exchanges between the three countries”. Pham also pledged to work closely with Cambodia and Laos to ensure the smooth organisation of the CLV-DTA Summit, which was scheduled to be held in Cambodia later this year.”

Vietnam’s Grand Strategic Architecture Amid the Russia-Ukraine War

The Diplomat/ Alexander L. Vuving/ Oct. 17

“Hanoi’s response to the war in Ukraine has been to strengthen its existing foreign policy paradigm entailing a delicate and dynamic omnidirectional balancing act, especially between the great powers.

Vietnam’s foreign policy paradigm resulted from its own historical experiences dealing with a Ukraine-like situation. As with Russia’s invasion of Ukraine in 2022, China in 1979 attacked Vietnam without provocation. The Chinese invasion occurred after Vietnam had secured a mutual defense treaty with the Soviet Union, a nuclear-armed great power. As Beijing explained it, the war was to “teach Vietnam a lesson.” But Hanoi did not learn the lesson once and for all. The lesson it learned has evolved over time, reinforced or modified by subsequent experiences.”