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The Vietnamese government has passed cybersecurity decree Decree No. 147/2024 on managing, providing and using the internet and online information. This decree, which replaces Decree 72/2013 on the regulation of online activities, was approved on Nov. 9 and will take effect on Dec. 25, 2024. Decree No. 147/2024 contains several notable provisions on the regulation of cyber activities and the privacy rights of Vietnamese internet users.
Article 23 of this legal document stipulates that cross-border social media platforms, which include Facebook, YouTube, and TikTok, must store users’ personal data, such as names, dates of birth, and phone numbers, if they register their accounts from Vietnam. This article also mandates that social network companies must sign cooperation agreements with state-run news agencies when they provide information extracted from any Vietnamese media on their platforms.
The decree also requires these service providers authenticate social network user accounts with their Vietnamese phone numbers or personal identification numbers. It declares that only successfully authenticated accounts can share, comment, livestream, or publish information on social networks. These social media companies must “have at least one server located in Vietnam” that stores their users’ data and allows the government to inspect and examine it at any time.
Additionally, the providers have 48 hours to block users and remove pieces of content that contain “anti-state materials,” “denial of revolutionary achievements,” and “sabotage the great national unity bloc,” as stipulated under Article 8 of the Cybersecurity Law, after they receive reports from the authorities. Article 39 of this new decree orders video game providers to develop a management system that limits the playing time of people under 18 to less than 60 minutes a day for each game and a combined 180 minutes for all other games.
The stringent regulations introduced in this new decree could potentially limit the freedom of speech and affect the privacy rights of internet users, especially when they prefer to remain anonymous on social media to comment on sensitive political issues. Freedom House, a Washington-based nonprofit organization, announced in its 2024 report that Vietnam is “not free” regarding internet freedom. The country only received 22 out of 100 points based on three criteria: Obstacles to Access, Limits on Content, and Violations of User Rights.
The Internal Security Bureau of the Hai Duong Provincial Police announced on Nov. 10 that they have decided to prosecute three members of “Nang Luong Goc Trong Dong Vietnam” (NLG Energy Source), a spiritual group that promotes a new method to treat illnesses and maintain well-being in the 21st century. These members were charged under Section 2, Article 288 of the Penal Code, which prohibits the “illegal publication of information on computer and telecommunications networks that could endanger social order and security.”
The police have not publicized the identity of the detained individuals but only said that they were core members of the NLG Energy Source. Le Van Phuc, 68, a Vietnamese-American citizen, established this spiritual well-being group in 2016. The group’s mandate says it seeks to solve problems related to poverty and illnesses by guiding followers to perform five magical elements of compassion. However, according to the indictment, NLG Energy Source activities were “fraudulent” and took advantage of psychological and spiritual beliefs to “force participants to believe in their propaganda.”
The People’s Police, a mouthpiece of the Ministry of Public Security, reported that the coordinated investigation of the Hai Duong Provincial Police, the Ministry of Health, and the Government Committee for Religious Affairs had found materials shared by this group contained “superstitions” and “reactionary ideology.” One of the group’s guidelines suggested that the star on the Vietnamese national flag be turned upside down so the country could prosper. The prosecutors also accused members of this group of receiving membership fees from the public to organize classes that teach well-being and treatment methods for chronic diseases such as cancer.
The Permanent Mission of Vietnam to the United Nations Office in Geneva has responded to a joint communication prepared by three UN Special Rapporteurs, who raised concerns over the government’s alleged retaliation against human rights lawyer Dang Dinh Manh due to his defense of political dissidents in Vietnam.
The response letter, dated Nov. 1, rejected allegations that the government had launched a criminal investigation and prosecution against attorney Dang Dinh Manh due to his alleged violation of Article 331 (which prohibits abusing democratic freedoms). It added that Hanoi ensures the operation of lawyers and law firms “in providing legal services in and out of criminal proceedings in accordance with international human rights conventions to which Vietnam is a party.”
In 2023, the Long An Provincial Police summoned attorneys Manh and Nguyen Van Mieng, his colleague, for questioning several times. The police alleged that they had received a criminal report from the Department of Cybersecurity and High-Tech Crime Prevention accusing them of sharing articles, images, and video clips on social media that potentially violated Article 331.
Attorneys Manh and Mieng were part of a defense team for the monks and nuns at Thiền Am Bên Bờ Vũ Trụ (A Small Zen Hermitage on the Edge of the Universe), a local Buddhist monastery in Long An. The two lawyers left Vietnam for Thailand in 2023 and sought political asylum in the United States - where they now live in exile - to avoid government persecution due to their legal work.
Although the diplomatic mission’s letter declares that the authorities had not initiated any criminal investigation or legal procedures against Manh, the lawyer told Radio Free Asia (RFA) on Nov. 12 that he believes the Vietnamese government is not honest and that he was the victim of this regime for publicly denouncing the wrongdoings of investigative agencies in political cases. Manh accused the Long An Provincial Police of using fabricated evidence to prosecute the spiritual practitioners at the Buddhist monastery that he defended.
Fulcrum/ Le Hong Hiep/ Nov. 13
“The rise in Chinese investment in Vietnam helps strengthen the relationship between the two countries. From Beijing’s point of view, closer economic ties with Vietnam will solidify its influence over the country and help prevent Vietnam from aligning with its strategic rivals, particularly the US. Meanwhile, Vietnam appreciates Chinese investments as an important source of resources to facilitate its goal of becoming a high-income, developed economy by 2045. More Chinese money parked in Vietnam also means that the latter will be in a better bargaining position to deal with Beijing’s aggressiveness in the South China Sea.
However, increased Chinese FDI also presents Vietnam with new challenges. Despite there being no explicit pressure from the US on Vietnam to limit economic interactions with China, there is a possibility that the US may hesitate to deepen its ties with Vietnam if Hanoi continues to grow closer to Beijing economically. This is due to the fear that America’s strengthened trade and investment ties with Vietnam, particularly in high-tech sectors, could ultimately benefit Beijing. Such a perception may also spill over into strategic cooperation, further weakening mutual trust and damaging bilateral ties in the long run.”
The Diplomat/ David Hutt/ Nov. 9
“A memorandum of understanding was signed last month, while CPV chief To Lam was visiting the United States, by officials from the Trump Organization, the People’s Committee of Hung Yen province, and Kinh Bac City Development Holding. Trump himself attended the signing ceremony and was photographed sitting next to his son Eric Trump and Dang Thanh Tam, chairman of Kinh Bac City and a tycoon with significant political influence.
This development surely raises the possibility of a potential conflict of interest under the next Trump presidency – or, at least, it means the specter of self-interest will stalk his dealings with Vietnam. Hung Yen, the site of the planned resort, is the home province of To Lam and his vast and dominant provincial faction, including the new Public Security Minister Luong Tam Quang and the new Justice Minister Nguyen Hai Ninh. Through this deal, Trump’s family firm is now tied to the ascendant faction within the CPV.”
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It has become widely recognized that the Vietnamese government is steadily eroding the right to free speech and expression. This
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