Two Possible Outcomes after the Trial of Truong Huy San

Đức Nhân wrote this article in Vietnamese, which was published in Luat Khoa Magazine on February 28, 2025. Thúc Kháng translated it into English for The Vietnamese Magazine.

On Feb. 27, 2025, Truong Huy San — also known as Huy Duc or "Osin" Huy Duc — was sentenced to 30 months in prison for "abusing democratic freedoms to infringe upon the interests of the state, as well as the legitimate rights and interests of organizations and individuals."

Following this verdict, there are two possible scenarios for Truong Huy San.

Limited Information from the Trial 

On the morning of Feb. 27, after nearly nine months in pre-trial detention, Truong Huy San was brought to the Hanoi People’s Court on charges of “abusing democratic freedoms to infringe upon the interests of the state, as well as the legitimate rights and interests of organizations and individuals,” under Clause 2, Article 331 of the 2015 Penal Code (amended and supplemented in 2017).

It is unclear whether the trial was held behind closed doors. However, state-run media outlets have all cited information from the Vietnam News Agency (TTXVN).

Additionally, no independent or international news organizations have reported directly from the courtroom, nor have there been independent accounts from those who attended the trial.

According to the Vietnam News Agency, the trial panel consisted of a presiding judge and two lay judges. The Supreme People’s Procuracy was represented by two prosecutors responsible for litigation and courtroom oversight. 

Initially, only one lawyer was registered to defend Truong Huy San. However, his family later retained a second attorney. As of now, neither lawyer's identity has been disclosed.

During the trial, Truong Huy San confirmed that he independently created, managed, and operated the Facebook account “Truong Huy San (Osin Huy Duc).”  He stated that he personally wrote all the posts on the page and was responsible for gathering, compiling, and evaluating the information shared.

The journalist asserted that he had no intention of opposing the Communist Party or the state. However, he acknowledged that some of his posts had affected and infringed upon the rights and interests of the state, certain organizations, and individuals. 

He expressed regret and accepted responsibility for his actions. 

Before the court reached a verdict, Truong Huy San appealed for a more lenient sentence.

The trial concluded with the court sentencing him to 30 months in prison under Clause 2, Article 331 of the Penal Code. His sentence will be counted from the date of his arrest. 

Two Possible Outcomes After the Trial

Based on the trial proceedings, the prosecution's arguments did not significantly differ from previous cases involving the charge of "abusing democratic freedoms." A notable example is the case of Atty. Tran Dinh Trien, who was sentenced on Jan. 10.

During the trial, Truong Huy San admitted owning, managing, and operating his Facebook account. He also acknowledged that the 13 posts cited in the indictment had infringed upon certain organizations' and individuals' rights and interests.

Given his sentence, it is evident that no aggravating circumstances were applied. On the contrary, the court may have considered his cooperative attitude and expressions of remorse, leading to the application of Clause 1, Point s, Article 51 of the Penal Code as a mitigating factor during sentencing.

What can Truong Huy San do after the trial?

First, he can appeal the verdict within 15 days of the first-instance ruling.

In this case, he may request a reduced or a suspended sentence based on Article 65 of the Penal Code and Article 2 of Resolution 02/2018/NQ-HĐTP. The conditions for receiving a suspended sentence include:

• Prison sentence not exceeding three years:  He was sentenced to 30 months (2 years and 6 months), which falls within the allowable limit.
• Good personal background: He has no prior criminal record or history of serious administrative violations.
• At least two mitigating circumstances: He admitted to the charges, expressed remorse, and apologized to the affected parties.
• Clear place of residence or employment: Authorities have verified his address, ensuring the feasibility of monitoring if a suspended sentence is granted.

Truong Huy San could also appeal the entire first-instance verdict, requesting the appellate court to review the case and declare him not guilty.

If the prosecution fails to prove that his actions violated Article 331 — such as identifying the specific harmed parties and the extent of the damage — the appellate court could overturn the first-instance ruling and dismiss the case.

Second, Truong Huy San may choose not to appeal. In this situation, the first-instance verdict issued by the Hanoi People’s Court will take legal effect after 15 days, and he will have to serve the full sentence.

Trương Huy San was taken into custody on June 8, 2024. As of Feb. 27, he has been detained for nearly nine months. With a 30-month prison sentence, he still has over 21 months left to serve. As such, he is expected to complete his sentence in early December 2026.

In this scenario, he may also seek a sentence reduction or a special pardon if he meets the legal requirement.

Charges Based on 13 Facebook Posts

On June 7, 2024, the Ministry of Public Security’s Investigative Security Agency announced that it had initiated criminal proceedings under Article 331 for “abusing democratic freedoms to infringe upon the interests of the State, as well as the legitimate rights and interests of organizations and individuals.”

Luat Khoa Magazine and The Vietnamese Magazine have previously published an article, “Article 331 Of The Vietnam Penal Code Is Completely Redundant,” arguing that the provision has been misused to restrict freedom of expression and other democratic rights. Another piece, “The Case Against Osin Huy Duc: Unpacking the Controversial Article 331” examined how the law has been applied to suppress dissent.

After getting approval from the Supreme People’s Procuracy, the Ministry of Public Security executed an arrest warrant for Truong Huy San and conducted searches at his residence and workplace.

Before official media reports confirmed the arrest, rumors of his disappearance had circulated online since June 1. His personal Facebook page, “Truong Huy San (Osin Huy Duc),” which had 350,000 followers, suddenly vanished.

On Feb. 12, state media reported that the Supreme People’s Procuracy had finalized its indictment against Truong Huy San, charging him under Clause 2, Article 331 of the 2015 Penal Code (amended in 2017). 

The case was then transferred to the Hanoi People’s Court for trial.

According to the indictment, Trương Huy San published multiple posts on his Facebook page, 13 of which allegedly contained clear violations of the law. 

Authorities argued that these posts generated significant engagement (such as reactions, comments, and shares), thereby affecting public order and social stability.

However, the government has yet to publicly disclose the content of these 13 posts.

"You Are Not Alone!"

These were the words of Vietnamese actress Hong Anh in support of Truong Huy San after his sentencing. She recalled their shared experiences in forest restoration efforts and offered words of comfort: "The trees will grow, the forest will turn green again, and good things will always endure. You are not alone!"

Dr. Nguyen Phuong Mai wrote: “Today, Huy Duc stands trial — not, ironically, for the groundbreaking book he wrote in 2012 — but for a few Facebook posts from 2015.” She suggested that Truong Huy San’s case “will be thoroughly examined, analyzed, and discussed, leaving behind a more enduring and objective legacy.”

Meanwhile, several state-affiliated media outlets claimed that Truong Huy San had abused freedom of speech to spread misinformation, negatively impacting public security and social order.

International media also covered the trial. According to Reuters, the arrest and sentencing of Trương Huy San reflected an undemocratic system with tightened censorship: “[...] Although Vietnam has undertaken sweeping economic reforms and is increasingly open to social changes, the ruling Communist Party continues to strictly control the media and tolerate little criticism.”

Al Jazeera reported: “Vietnam, a one-party state, has no free press and aggressively suppresses dissent. According to Reporters Without Borders (RSF), it is one of the world’s leading jailers of journalists.”