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Vietnam has arrested and prosecuted eight people using Article 117 since the beginning of this year. Human rights groups say the provision allows the government to gag any dissent.

A university in the central coastal city of Danang has fired a lecturer for her “wrong statements” about Vietnam’s COVID-19 fighting measures.

Duy Tan University made the announcement Monday after a student posted on Facebook a video of the lecturer, Tran Thi Tho, part of the university’s English faculty, arguing with the student about government relief for those affected by the pandemic.

Tho said in the video that the government of Vietnam is letting people struggle with very limited help while the pandemic is raging all over the country.

She highlighted how thousands of people are fleeing the country’s southern provinces and Ho Chi Minh City on motorbikes to return to their hometowns thousands of kilometers away, just to escape the virus.

The student in the video accused Tho of disliking Vietnam and promoting negative stereotypes against Asian people.

The university has also reported the lecturer to the Ministry of Police, who said they are investigating the case.

Pham Minh Hoang, a former professor at Ho Chi Minh City Polytechnic, told RFA that dissent should be allowed in academia.

“People who dare to speak their criticisms at a university are a must. Schools, especially universities are obliged to train students into people who have their own opinions, not to become machines just acting on demand,” Hoang said.

“If we continue this way, when everything must be molded and any person who speaks their opinions differently from those of the government and state must face severe consequences, then it means Vietnamese will never strive for anything,” said Hoang.

‘Despicable’ firing

Nguyen Vi Yen, a Vietnamese student studying in Europe, wrote on Facebook that she felt Duy Tan University’s firing of Tho was “despicable.”

“Duy Tan does not deserve to be called a university, let alone its own name ‘Duy Tan,’ which means reform,” she said.

Tho declined to comment to RFA about her case.

Education Minister Nguyen Kim Son told the state-run Tuoi Tre newspaper before the firing that “the education system management needs to encourage criticism about social issues in general and educational policies in particular.”

Though the country struggles to effectively contain a fourth wave of the virus, Vietnam had been relatively successful compared to other countries during the first three waves. Of more than 224,000 confirmed cases during the pandemic, more than 220,000 were diagnosed since April 27, the start of the fourth wave.

With Vietnam’s media all following Communist Party orders, “the only sources of independently-reported information are bloggers and independent journalists, who are being subjected to ever-harsher forms of persecution,” the press freedom watchdog Reporters Without Borders (RSF) says in its 2021 Press Freedoms Index.

Measures taken against them now include assaults by plainclothes police, RSF said in its report, which placed Vietnam at 175 out of 180 countries surveyed worldwide, a ranking unchanged from last year.

Vietnam’s already low tolerance of dissent deteriorated sharply last year with a spate of arrests of independent journalists, publishers, and Facebook personalities as authorities continued to stifle critics in the run-up to the ruling Communist Party Congress in January. Arrests continue in 2021.

Authorities in Vietnam have arrested a Facebook user for posting mild criticism of government COVID-19 policies, while a university fired a lecturer after a student shared on her comments faulting Hanoi’s pandemic response on the social media platform.

The Tien Giang People’s Procuracy announced Tuesday that it would prosecute Tran Hoang Huan, 33, on charges of making, storing and spreading or propagandizing information or documents against the state under in accordance with the Article 117 of the Penal Code, according state media.

Huan, a resident of My Tho city in the far southern province of Tien Giang, had used a Facebook account under the name Huan Tran to post content against the Vietnamese Communist Party and the state on 186 occasions.

His Facebook account remains active and many of his recent posts opposed the use of Chinese-made COVID-19 vaccines, which many Vietnamese oppose because of their perceived low quality and because of longstanding animosity toward China over history and territorial issues.

Huan had earlier called on the government to provide relief to citizens by waiving electricity and water bills during the pandemic.

“The arrest and detention of Tran Hoang Huan marks yet another chapter in the grim tale of Vietnam’s crackdown on freedom of expression online,” Ming Yu Hah, the deputy regional director for campaigns at Amnesty International, told RFA.

“Huan had used his Facebook page to share information about COVID-19 vaccines, lockdowns and to call on the Vietnam government to subsidize electricity and water fees while many Vietnamese are facing economic hardships due to the pandemic. The Vietnamese authorities should listen to these calls, not repress them,” she said.

Ming Yu Hah said authorities had used Article 117 to detain Huan on “vague accusations” of causing public confusion or defaming the government so they could prevent dissent.

“Huan’s name now joins an ever-expanding list of Vietnamese activists detained merely for sharing peaceful criticism,” she said, and called for the release of Huan and other detainees.

“It is imperative that Vietnam’s leadership starts taking a radically different approach to human rights, and freedom of expression in particular,” she said.

Courts in Vietnam on Tuesday handed down prison terms to two Facebook users charged with posting articles opposing the country’s one-party communist state and calling for violence against judicial officials and police officers, according to state media reports.

In north-central Vietnam’s Nghe An province, Nguyen Van Lam, 51, was sentenced to nine years in prison for posting anti-state writings and sharing videos and other content, including broadcasts by RFA, considered politically subversive.

He was charged under Article 117 of Vietnam’s 2015 Criminal Code for “creating, storing, disseminating information and materials against the Socialist Republic of Vietnam,” a provision of Vietnamese law frequently used by authorities to stifle government critics and other peaceful voices of dissent.

Persons convicted of crimes under the law can be sentenced to from five to 20 years in prison.

According to the Nghe An Police Investigative Agency, Lam had posted numerous stories, images, and videos violating Vietnamese law from 2017 to November 2020, including livestream videos and stories from RFA and other online sources, and 18 stories written by himself on his mobile phone.

Among Lam’s posts available online, several mock authorities with sharp comments on news reports by RFA or other outlets.

On Oct. 26, 2020, Lam wrote: “The Vietnamese people do ask the international organizations, (and) Interpol to monitor the political and economic mechanism (of Vietnam).”

These comments had “smeared the regime, insulted Party and State leaders, called for a multi-party and pluralistic government, and distorted the actual situation in Vietnam,” state media reports said.

News reports did not mention the date of Lam’s arrest or whether he was assisted by a defense lawyer at his trial.

At least 14 Vietnamese people have been imprisoned following conviction on charges filed under Article 117 since January 2021. Pham Chi Dung, president of the Vietnam Independent Journalists Association has drawn the heaviest term so far this year at 15 years, followed by Nguyen Tuong Thuy, vice president of the Association, who was jailed for 11 years.

An independent Vietnamese journalist hunted by police for online writings called “anti-State” by authorities has been arrested after evading capture for more than a month, RFA has learned.

Le Van Dung, also known as Le Dung Vova, was taken into custody on Thursday by Hanoi police, state media reports said on July 1, adding that Dung had not resisted arrest and had shown a “cooperative attitude” when taken by police.

Speaking to RFA, Dung’s wife Bui Thi Hue confirmed news of Dung’s arrest, saying she had been informed of his capture by an acquaintance.

“I received the news from someone I know that my husband was arrested this morning,” Hue said. “They only told me about the arrest, though, and did not say they had seen it happen with their own eyes. I am just saying what I was told.”

Dung, also known as Le Dung Vova—owner of the Facebook-based online CHTV news channel—was away from home when police tried on May 25 to place him under arrest on charges under Article 117 of Vietnam’s Penal Code for reporting on corruption, land disputes, and other issues deemed politically sensitive by authorities.

Unable to arrest Dung, police left instead with a laptop computer and two mobile phones belonging to his wife Bui Thi Hue, Hue told RFA’s Vietnamese Service on May 25. Vietnamese authorities later issued a special warrant calling for Dung’s arrest, placing notices in major media outlets around the country.

Article 117 of Vietnam’s Penal Code imposes penalties for “creating, storing, and disseminating information, documents, items, and publications opposing the Socialist Republic of Vietnam” and is frequently used by authorities to stifle peaceful critics of the country’s one-party communist state.

Harsh forms of persecution

With Vietnam’s media all following Communist Party orders, “the only sources of independently-reported information are bloggers and independent journalists, who are being subjected to ever-harsher forms of persecution,” the press freedoms watchdog Reporters Without Borders (RSF) says in its 2021 Press Freedoms Index.

Measures taken against them now include assaults by plainclothes police, RSF said in its report, which placed Vietnam at 175 out of 180 countries surveyed worldwide, a ranking unchanged from last year.

“To justify jailing them, the Party resorts to the criminal codes, especially three articles under which ‘activities aimed at overthrowing the government,’ ‘anti-state propaganda’ and ‘abusing the rights to freedom and democracy to threaten the interests of the state’ are punishable by long prison terms,” the rights group said.

Vietnam’s already low tolerance of dissent deteriorated sharply last year with a spate of arrests of independent journalists, publishers, and Facebook personalities as authorities continued to stifle critics in the run-up to the ruling Communist Party Congress in January. But arrests continue in 2021.

Authorities in Vietnam’s central province of Quang Ngai have arrested three local Facebookers on the allegation of “abusing democratic freedom” under Article 331 of the Criminal Code for their posts on the social network most popular in the Southeast Asian nation.

Citing the information from the province’s Police Department, the state-controlled media reported that 34-year-old man Bach Van Hien, 38-year-old Phung Thanh Tuyen, and 41-year-old Le Trung Thu were detained on June 30. Their private residency was also searched by the local police.

The three men will be held in the next two months at least for investigation on the allegation of posting statuses with content criticizing the regime’s agencies including the People’s Court, the police, the army, the inspectorate, the Vietnam Central Television (VTV), and the Propaganda agency as well as the regime’s leaders.

Recently, Vietnam’s authoritarian regime has arrested many Facebookers with charges of “conducting anti-state propaganda” or “abusing democratic freedom” in a bid to silence the regine’s critics. The first charge may take the convicted ones to between seven and 12 years in prison while the second allegation would take the convicted ones to stay imprisoned up to seven years.

Last month, within a week, Vietnam’s authoritarian regime convicted two Facebookers named Dang Ngoc Minh and Cao Van Dung of “conducting anti-state propaganda” for their posts and sentenced them to seven and nine years in prison, respectively.

Reporters Without Borders (RSF) calls for the immediate release of Mai Phan Loi, a Vietnamese journalist who once ran an official law magazine but who, for the past five years, has provided his fellow citizens with reliable, independent information about economic, social and environmental issues. All charges against him must be dropped, RSF said. Hanoi police officially announced the investigation against Mai Phan Loi on 2 July, one week after he was initially arrested on 24 June, on a warrant with the extremely vague charge of “tax evasion,” which carries a possible seven-year prison sentence under article 200 of the penal code. It did not specify the nature of the alleged crimes or the amount supposedly evaded.

Loi made a name for himself in the Vietnamese blogosphere thanks above all to a series of interviews he conducted with experts on economic, social and environmental issues in Vietnam. Before that, he was the deputy editor of Phap Luat (The Law), a state-controlled magazine covering legal issues.

The authorities refused to renew Loi’s press card five years ago after he investigated the mysterious circumstances in which CASA 8983, a Vietnamese air force reconnaissance plane, disappeared in June 2016.

“We are not fooled by the tax fraud accusation brought against Mai Phan Loi,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “Everything indicates that it is just a pretext to silence a journalist who tried to do his job to inform his fellow citizens properly. We demand his immediate release and the withdrawal of this clearly trumped-up charge.”

Editorial freedom

The same charge of tax evasion was also used to arrest another expert on legal issues, Dang Dinh Bach, on the same day as Loi’s arrest.

As well as a journalist, Loi also made a name for himself as a defender of editorial freedom in the Vietnamese media. It was as such that he was included in a group of six civil society representatives who met then US President Barack Obama during Obama’s visit to Hanoi in May 2016.

Loi joins the growing list of Vietnamese journalists who began working for the state media and were arrested after later choosing to work freely and independently. The victims of the wave of arrests of such journalists, which began more than a year ago, include Pham Doan Trang, a recipient of the RSF Press Freedom Prize in 2019.

Vietnam is ranked 175th out of 180 countries in RSF's 2021 World Press Freedom Index.

On July 9, the People’s Court of Hanoi found political blogger Pham Chi Thanh (aka Pham Thanh) guilty of “conducting anti-state propaganda” under Article 117 of Vietnam’s Criminal Code for his online posts criticizing the country’s authoritarian regime.

After two and half hours, the first-instance hearing ended with the final judgment of five and half years imprisonment followed by five years of probation, his lawyer Ha Huy Son said on his Facebook page.

According to the indictment, Mr. Thanh’s writing including a book titled Thế thiên hành đạo hay Đại nghịch bất đạo (Holder of Mandate of Heaven or Great Immoral Traitor) and other posts on his blog Bà Đầm Xoè contains the information defaming the authoritarian regime’s leaders and distorting the regime’s policies.

In his defense statement, lawyer Son pointed out a number of shortcomings of the state agencies involved in the case, including the Hanoi City’s Department of Information and Communication which verificated the content of Mr. Thanh’s writing. However, the judge did not pay attention to the lawyer’s defense statement.

Mr. Thanh is a retired reporter and editor of the state-controlled Voice of Vietnam Radio (VOV). He has written several books critical of the ruling Communist Party of Vietnam and its leaders, including late President Ho Chi Minh and incumbent General Secretary cum President Nguyen Phu Trong. His posts on his blog Bà Đầm Xoè are mainly critical of the ruling Communist Party of Vietnam and its leader Trong. His latest book Holder of Mandate of Heaven or Great Immoral Traitor talked about activities of incumbent General Secretary Nguyen Phu Trong of the ruling Communist Party of Vietnam, which according to the author are harmful for the nation and beneficial for the red China.

On his blog Bà Đầm Xoè, Thanh also posted his writings on politics and social issues, including China’s violations of Vietnam’s sovereignty in the East Sea (South China Sea) and the weak response of the Vietnamese Communist regime, systemic corruption, widespread environmental pollution, human rights violations, etc.

His arrest on May 21 last year is part of Vietnam’s intensified crackdown on local dissent before and after the 13th National Congress of the ruling party.

One day before the trial, the New York-based rights group Human Rights Watch (HRW) issued a statement calling on Vietnam’s authoritarian state to release Mr. Thanh immediately and unconditionally since Mr. Thanh peacefully exercised his right to freedom of expression.

Mr. Thanh is the 17th activist being sentenced in 2021, according to Defend the Defenders’ statistics. Among others are President Pham Chi Dung and Vice President Nguyen Tuong Thuy of the unregistered professional group Independent Journalists Association of Vietnam who were also convicted of “conducting anti-state propaganda” and sentenced to 15 years and 11 years in prison, respectively.

According to Amnesty International, Vietnam is the largest jailer of prisoners of conscience with 170 activists being jailed while the latest statistics of Defend the Defenders shows that Hanoi is holding at least 258 prisoners of conscience. Reporters Without Borders regularly ranks Vietnam among the worst five countries on press freedom withhigh number of jailed bloggers. Vietnam’s communist government always denies it has any prisoners of conscience, saying it imprisons only law violators.

Vietnam’s authoritarian regime continues its crackdown on the local dissent even after the country’s new leadership for the next five years has been formed and the latest victim is former prisoner of conscience and democracy campaigner Do Nam Trung.

According to his girlfriend, Mr. Trung was caught by security officers of Nam Dinh province when he was on his way to a workplace in the morning of July 6. Later, police used his keys to break into his rent apartment in Hanoi which he shares with his girlfriend when she was sleeping. She reported on Facebook that around 20 police officers broke into their private residence, conducting house searches and confiscating some personal items.

Like in other political cases, Mr. Trung will be held incommunicado for at least four months. During the investigation period which may last two years or longer, he will not be permitted to meet with lawyers or his relatives.

According to the police notice, the 40-year-old human rights advocate and democracy campaigner is charged with “conducting anti-state propaganda” under Article 117 of the Criminal Code with potential imprisonment between seven years and 12 years, even to 20 years in prison.

Trung is among active participants in peaceful demonstrations in Hanoi in the last decade to protest China’s violations of Vietnam’s sovereignty in the East Sea (South China Sea) and demand human rights and multi-party democracy in the Southeast Asian country.

In 2014, while visiting southern provinces during the anti-China demonstration wave, Trung and two other activists was arrested and charged with “causing public disorder.” Later, he was convicted and sentenced to 14 months in prison.

Trung is a member of Brotherhood for Democracy, an organization co-founded by prominent human rights activist Nguyen Van Dai, who was forced to live in exile in Germany in 2018 after being sentenced to 15 years in prison. The organization was the main target of the persecution of the authoritarian regime in 2015-2020, with a dozen of key members being arrested and convicted of subversion and later were sentenced to between seven and 15 years in prison.

In the past few years, Trung was under constant harassment of security forces both in Hanoi and his home province of Nam Dinh.

Trung has been the 18th activist being arrested since the beginning of this year. Seven of them, including prominent human rights advocate Nguyen Thuy Hanh, were charged with “conducting anti-state propaganda.” The remaining 11 were alleged of “abusing democratic freedom” under Article 331 of the Criminal Code, with potential imprisonment up to seven years.

According to Defend the Defenders’ latest statistics, Vietnam is holding at least 259 prisoners of conscience. Hanoi always denies holding prisoners of conscience but only law violators.

Vietnam’s state media has reported that on June 9, the People’s Court of Quang Ngai province found a local resident named Cao Van Dung guilty of “Making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam” under Article 117 of the Criminal Code.

Mr. Dung, 53, was reportedly sentenced to nine years in prison and three years of probation as the judge decided that from February 2019 he used his Facebook account “Dung Caovan” for writing and sharing many statuses with the content harmful for the regime and affects social orders.

He was said to have formed an online secret group named “Brotherhood for democracy and human rights for Vietnamese.” His hard sentence was likely also due to his participation in the mass demonstration on June 10, 2018 where tens of thousands of people gathered on streets in Ho Chi Minh City and other localities in the southern and central regions to protest the Cyber Security and the Special Economic Zones bills.

It is unclear when Mr. Dung was arrested. It is unknown Mr. Dung had legal assistance during his pre-trial detention and the first-instance hearing.

His conviction is the second within a week. One week earlier, the People’s Court of the Mekong Delta province of Hau Giang sentenced Facebooker Dang Hoang Minh to seven years in prison followed by two years of probation. Mr. Minh was said to have posted numerous statuses on his Facebook account with the content harmful for the regime.

Vietnam’s authoritarian regime strictly controls the media and persecutes independent journalists and bloggers. Dozens of Facebookers and bloggers have been imprisoned while others are under regular harassment. The country has been placed in the groups of the countries in the bottom of the Press Freedom Index of the Paris-based Reporters Without Borders (RSF) for many years. In 2020, it was ranked 175th among 180 countries in the index.

In early 2021, the New York-based Committee to Protect Journalists (CPJ) said Vietnam is among the world biggest prisons for journalists, with 12 journalists and Facebookers being imprisoned.

According to Defend the Defenders’ latest statistics, Vietnam is holding at least 262 prisoners of conscience. Hanoi alway denies, saying it has jailed only law violators.

A court in southern Vietnam’s southern Hau Giang province on Wednesday sentenced a Facebook user to seven years in prison for posting writings said by prosecutors to have misrepresented state policies, Vietnamese sources said.

Dang Hoang Minh, 28, had been charged with “creating, storing, and disseminating information, items, and materials opposing the Socialist Republic of Vietnam” under Article 117 of Vietnam’s 2015 Criminal Code, state media reports said.

Reports by local media did not say when Minh—a resident of the Phu Khoi hamlet in Hau Giang’s Phung Hiep district—had been arrested or whether he had been represented by a lawyer at his trial.

Citing the provincial People’s Procuracy indictment against him, state media said Minh had posted several “untrue stories” concerning current and former leaders of Vietnam’s one-party communist government on his Facebook page from June to December 2020.

Former Vietnamese leader Ho Chi Minh, founder of the country’s communist party, was among the leaders Minh had defamed, prosecutors said, adding that Minh’s postings had been aimed at opposing the national government and ruling party and had caused “confusion and anxiety” to his readers.

Reporting by RFA shows that at least 21 Vietnamese citizens have been charged with political offenses involving social media posts since the beginning of the year, with 21 now serving prison terms following convictions under Article 117.

Among those jailed this year, former RFA blogger Nguyen Tuong Thuy, now in his 70s, was sentenced on Jan. 5 by a court in Ho Chi Minh City to an 11-year prison term following his conviction on charges under Article 117.

On Friday, April 23, a court in coastal Phu Yen province sentenced an independent journalist, Tran Thi Tuyet Dieu, to an eight-year prison term for writing “anti-state” stories and sharing them on social media.

And on May 5, a court in northern Vietnam’s Hoa Binh province sentenced land-rights activist Can Thi Theu and her son Tring Ba Tu to eight years in prison each for posting online articles and livestream videos criticizing the government for its handling of a deadly land-rights clash last year.

Harsh forms of persecution

With Vietnam’s media all following Communist Party orders, “the only sources of independently-reported information are bloggers and independent journalists, who are being subjected to ever-harsher forms of persecution,” the press freedoms watchdog Reporters Without Borders (RSF) says in its 2021 Press Freedoms Index.

Measures taken against them now include assaults by plainclothes police, RSF said in its report, which placed Vietnam at 175 out of 180 countries surveyed worldwide, a ranking unchanged from last year.

“To justify jailing them, the Party resorts to the criminal codes, especially three articles under which ‘activities aimed at overthrowing the government,’ ‘anti-state propaganda’ and ‘abusing the rights to freedom and democracy to threaten the interests of the state’ are punishable by long prison terms,” the rights group said.

Vietnam’s already low tolerance of dissent deteriorated sharply last year with a spate of arrests of independent journalists, publishers, and Facebook personalities as authorities continued to stifle critics in the run-up to the ruling Communist Party Congress in January. But arrests continue in 2021.

Police in Vietnam’s capital Hanoi tried on Tuesday to arrest an independent journalist charged with reporting on corruption and other issues deemed politically sensitive by authorities, but missed him at home, taking away a laptop computer and two mobile phones instead.

Le Van Dung, also known as Le Dung Vova—owner of the online CHTV news channel—was not at home when officers from the Hanoi Police Department’s Investigation Agency arrived at around 1:30 p.m., Dung’s wife Bui Thi Hue told RFA on Wednesday.

“Around 20 officers came to our house and read a warrant to search our home and to charge and temporarily detain my husband Le Van Dung in accordance with Article 117 [of Vietnam’s Criminal Code],” she said.

Article 117 of Vietnam’s Penal Code imposes penalties for “creating, storing, and disseminating information, documents, items and publications opposing the Socialist Republic of Vietnam” and is frequently used by authorities to stifle peaceful critics of the country’s one-party communist state.

Dung was away from home when the police arrived and is now “temporarily safe,” Hue said, adding that officers searching the house found nothing belonging to her husband, but left with a laptop computer and two mobile phones of her own.

Hue said that she had not touched or looked at the warrant that was read to her and had to stand back from the officers because of COVID concerns.

“They documented their search, but I didn’t sign the document, and therefore they didn’t leave me with any papers,” she added.

Dung’s CHTV channel has used Facebook’s live-broadcast feature to transmit information on social issues such as land disputes and corruption, and to give ordinary citizens a chance to discuss matters of concern, drawing the attention of law enforcement and security agencies.

'Useful and good'

Writing on his Facebook page on May 25, Dung said he had received repeated calls since January to report to local authorities for questioning concerning a denunciation filed against him by the government’s Cybersecurity Department, alleging he had created videos with “anti-State” content.

Half of the 12 videos used by police investigators to accuse him showed signs of outside editing, though, Dung said.

“I think that I’ve done is useful and good for other people and for our country. We need to join hands and work to create a better society,” Dung said, writing on his Facebook page. “What I have done is in line with my responsibilities as a citizen.”

“I understand that by telling the truth, my family and I may suffer. But I will always do this, even if I am imprisoned for doing what my conscience tells me to do,” he said.

With Vietnam’s media all following Communist Party orders, “the only sources of independently-reported information are bloggers and independent journalists, who are being subjected to ever-harsher forms of persecution,” the press freedoms watchdog Reporters Without Borders (RSF) says in its 2021 Press Freedoms Index.

Measures taken against them now include assaults by plainclothes police, RSF said in its report, which placed Vietnam at 175 out of 180 countries surveyed worldwide, a ranking unchanged from last year.

“To justify jailing them, the Party resorts to the criminal codes, especially three articles under which ‘activities aimed at overthrowing the government,’ ‘anti-state propaganda’ and ‘abusing the rights to freedom and democracy to threaten the interests of the state’ are punishable by long prison terms,” the rights group said.

Vietnam’s already low tolerance of dissent deteriorated sharply last year with a spate of arrests of independent journalists, publishers, and Facebook personalities as authorities continued to stifle critics in the run-up to the ruling Communist Party Congress in January. But arrests continue in 2021.

Vietnam’s authoritarian regime has convicted land rights activists and human rights defenders Can Thi Theu and her second son Trinh Ba Tu of “conducting anti-state propaganda” under Article 117 of the country’s Criminal Code for their peaceful activities which aim to protest illegal land seizure in their locality and human rights advocacy for other victims of legal miscarriage.

The conviction was made by the People’s Court of Hoa Binh province in the first-hearing instance on May 5. The conviction was made by the People’s Court of Hoa Binh province in the first-hearing instance on May 5. The court sentenced them to eight years in prison and three years of probation each.

The province’s government deployed large numbers of riot policemen, police, plainclothes agents and militia to block all roads leading to the court areas. Only Theu’s daughter and daughter-in-law were allowed to enter the courtroom while her husband Trinh Ba Khiem and dozens of other land petitioners were kept in streets far from the court areas.

According to Saigon-based human rights lawyer Dang Dinh Manh who provided legal assistance for the mother and the son, when the judge asked their identity, both answered that they are victims of land grabbers and the communist regime.

Tu, 33, said he was insulted by procuror Vu Binh Minh during the pre-trial detention while Mrs. Theu said she was placed in a 7-square-meter cell with 9 others some of them are infected with HIV in the Hoa Binh temporary detention facility operated by the province’s Police Department.

The procuracy representative in the trial said Theu and Tu posted a number of video clips on their Facebook accounts with the content causing confusion among the public, however, the two activists said any ordinary people have been confused but only the regime’s officials who were involved in land grabbing. Their posts aim to tell the truth about illegal land seizure in Vietnam and the regime’s persecution against farmers who protest the land grabbing so the general public and the international community understand the ongoing situation in the country.

This will be the third time Mrs. Theu was convicted of controversial allegations. In 2014-2018, she was twice imprisoned for a total 35 months for protesting Hanoi’s authorities to grab farming land in Duong Noi commune, Ha Dong district where her family lives. She was imprisoned for “resisting on-duty state officials” or “causign public disorders.” Her husband Khiem was also jailed for “resisting on-duty state officials.”

After her release in 2016, Theu and her family including two sons Tu and Trinh Ba Phuong involved in advocacy for other land petitioners nationwide whose number mounts to thousands and gather in Hanoi to daily go the government agencies to submit their petitions. Before and after the bloody attack of 3,000 riot policemen in Dong Tam commune on January 9, 2020, the trio provided great support for Dong Tam land petitioners, including posting news on the case, meeting with foreign diplomats to update information, and calling for financial supports for the families of detainees after the raid.

In order to suppress the support of local activists given for land petitioners in Dong Tam, Vietnam’s authorities arrested a number of people, including prominent political blogger and world-recognized human rights defender Pham Doan Trang, human rights advocate Nguyen Thuy Hanh who set up and managed the 50K Fund, and four human rights campaigners Theu, Phuong, Tu, and former prisoner of conscience Nguyen Thi Tam, all the four from Duong Noi commune, Ha Dong district, Hanoi.

Mrs. Theu and Mr. Tu were arrested on June 24, 2020 by the police of Ha Son Binh province while Mr. Phuong was detained by the Hanoi Police Department on the same day. The mother and the younger son were held incommunicado since their arrests until a few months ago when they were permitted to meet their lawyers to prepare for defense while Mr. Phuong has yet to be allowed to meet with his relatives or lawyers.

Since their arrests, many foreign governments and international human rights organizations have condemned the Vietnamese government’s acts and urged Hanoi to release them immediately and unconditionally. However, Hanoi claims that they were not arrested for their human rights activities but crime activities harmful for the regime. Two days ahead of their trial, Human Rights Watch issued a statement urging Vietnam’s authoritarian regime to free them, saying Hanoi should not imprison those who tell the trust like Theu and her sons.

The ruling Communist Party of Vietnam conducted its 13th National Congress on January 25-February 1 this year to select the country’s leadership for the next five years. With many conservative figures of the regime such as General Secretary Nguyen Phu Trong, former Prime Minister Nguyen Xuan Phuc now becoming state president, and Minister of Public Security To Lam, it is likely the crackdown on the political dissidents, social activists and human rights defenders which has been intensified since late 2015 will continue. Vietnam’s human rights records are unlikely to be improved in coming years after former police general Pham Minh Chinh gained power to become the government leader while other former police generals continue to hold leading positions in the procuracy and the court systems.

Since the beginning of this year, Vietnam has arrested at least ten activists, mostly on controversial allegations in the National Security provisions of the Criminal Code. So far, it has convicted 14 activists and sentenced them to a total 106 years in prison and 21 years of probation. The toughest imprisonment of 15 years in prison and three years of probation was given to PhD. Pham Chi Dung, the president of the unregistered professional group Independent Journalists Association of Vietnam who was convicted of “conducting anti-state propaganda.”

According to Defend the Defenders’ latest statistics, Vietnam holds at least 261 prisoners of conscience. Hanoi always denies holding prisoners of conscience but only law violators.

Vietnam’s security forces have arrested Mr. Nguyen Bao Tien, a shipper and a collaborator of the unregistered Liberal Publishing House (LPH), and charged him with “conducting anti-state propaganda” under Article 117 of the Criminal Code.

According to the state-controlled media, the Police Department of the central province of Phu Yen publicized the arrest and the criminal probe on May 5. The security forces were said to conduct a house search and confiscated dozens of books printed by LPH but considered harmful for the authoritarian regime in Vietnam.

According to the Phu Yen police, Mr. Tien, 35, participated in distribution of books illegally printed by LPH in August-October 2019. He was said to have received 68 postal boxes containing the illegally-printed, of which he handed over 24 to readers.

Phu Yen police said he was arrested recently while tried to send the books in a post office in Phu Yen province.

One day after the Phu Yen province’s police announced the arrest of Mr. Tien, LPH issued a statement confirming that Tien was among its collaborators, once time distributing its books when Vietnam’s authorities launched a campaign to halt activities of the unsanctioned publisher. It lost contact with him since early October 2019 while his Facebook and Whatsapp accounts were likely locked. The publisher suspected that the Phu Yen police arrested Tien in early October two years ago and kept him in police custody without informing his family.

Similar to other political cases, Mr. Tien will be held incommunicado for at least next four months.

LPH was established in February 2019 by a group of activists including prominent human rights defender and political blogger Pham Doan Trang who wrote a series of dissident books. It printed a dozens of books considered harmful to Vietnam’s authoritarian regime as their content is about human rights and democracy as well as bad nature of communism and communist regimes worldwide. Its uncensored products met great interest of Vietnam’s public. Due to its great work, in 2020, it was honored with Prix Voltaire of the International Publishers’ Association.

However, it met strong persecution from Vietnam’s security forces which detained several contributors of the publisher for interrogation. Some of them were brutally tortured in police custody and they were forced to relocate after being released or escaped from police. In October 7, Vietnam’s police arrested Ms. Pham Doan Trang on charges of “conducting anti-state propaganda” under Article 88 of the Penal Code (1999) and Article 117 of the Criminal Code (2015).

Tien’s arrest may be linked to the detention of Ms. Trang who may face imprisonment of between seven to 12 years in prison, even to 20 years. Due to fierce suppression of the Vietnamese government and its internal issues, LPH was forced to suspend its operation in 2020.

If Tien was truly arrested on May 5 as the Phu Yen police said, he would be 11th activist being detained so far this year and the 5th alleged with “conducting anti-state propaganda” while other six were charged with “abusing democratic freedom” under Article 331 of the Criminal Code, according to Defend the Defenders’ statistics. As of May 5, Vietnam’s regime has convicted 14 activists and sentenced them to a total 106 years in prison and 21 years of probation.

With his arrest, the number of prisoners of conscience in Vietnam rose to 261, the latest statistics of Defend the Defenders showed.

On April 23, the People’s Court in Phu Yen province convicted Dieu under Article 117 of the penal code, an anti-state provision that bans “creating, storing and disseminating information and materials” against the state, and sentenced her to eight years in prison, according to news reports.

Dieu, a former state newspaper reporter who as an independent journalist posted news and commentary on Facebook at “Tuyet Dieu Babel” “and “Tran Thi Tuyet Dieu Journalist” (which has been taken down), and the YouTube channel “Tuyet Dieu Tran,” was convicted in relation to 25 news stories and nine videos deemed to be anti-state, news reports said.

“Vietnamese authorities should reverse this outrageously harsh sentencing of independent reporter Tran Thi Tuyet Dieu and immediately and unconditionally set her free,” said Shawn Crispin, CPJ’s senior Southeast Asia representative. “Vietnam must stop treating journalists as criminals and allow them to report freely without fear of cruel and unusual punishment.”

Dieu was first arrested on August 21, 2020, and held in pretrial detention until her court hearing, according to CPJ research. Her lawyer, Nguyen Kha Thanh, said she pleaded innocent to the charges and that the trial lasted only three hours, news reports said. It was not immediately clear from the reports if Dieu plans to appeal the conviction. CPJ could not immediately locate contact information for Thanh.

Dieu’s reports on Facebook and YouTube covered socio-economic topics including corruption, the environment, and human rights, according to The 88 Project, an advocacy group that monitors the status of Vietnamese political prisoners.

The Ministry of Public Security did not immediately respond to CPJ’s emailed request for comment on Dieu’s conviction sent through its website.

Vietnam is among the worst jailers of journalists worldwide, with at least 15 behind bars at the time of CPJ’s annual prison census on December 1, 2020.

Authorities in southern Vietnam’s Dong Nai province arrested and later released an ethnic Khmer Krom youth and labor activist after he released a book about indigenous rights, drawing condemnation from a Khmer Krom advocacy group.

Yoeung Kaiy said in a post to his Facebook account following his release on Wednesday morning that he had been arrested a day earlier by “around 100 police officers” who raided his home allegedly without a warrant and confiscated some 100 books detailing the United Nations’ Declaration on the Rights of Indigenous Peoples, his cellphone, and his computer.

He said the police returned his cellphone and computer but kept the books and charged him with “publishing without permission” and “tax evasion.”

RFA’s Khmer Service was unable to reach Yoeung Kaiy on Wednesday for further comment but he told the Khmer Krom News outlet that despite his release he remains concerned about his security.

Yoeung Kaiy’s father told RFA on Tuesday that his son had been arrested “because of his activism” and discrimination by Vietnamese authorities. He said that his son has advocated for better working conditions for Khmer Krom workers in Vietnam.

The Khmer Krom—ethnic Khmer who live in what was historically southeastern Cambodia, but now controlled by Vietnam—face serious restrictions on freedom of expression, assembly, association, information, and movement in Vietnam, despite being recognized as one of 53 ethnic minorities in the country, according to U.S.-based Human Rights Watch.

The Vietnamese government has banned Khmer Krom human rights publications and tightly controls the practice of Theravada Buddhism by the minority group, which sees the religion as a foundation of their distinct culture and ethnic identity.

‘Contrary to international obligations’

Venerable Son Yoeng Ratana, information department director for the Khmer Kampuchea Krom Federation rights group, condemned Yoeung Kaiy’s arrest, which he said was ordered because authorities in Vietnam want to bar Khmer Krom from advocating for self-determination.

“This arrest is very unjust for Khmer Krom people because the young man simply disseminated the U.N.’s declaration on indigenous rights, which Vietnam has recognized,” he said.

“The Vietnamese authorities acted contrary to their international obligations. This shows they are continuing to abuse the human rights of Khmer Krom, who are an indigenous people.”

Yoeung Kaiy had recently launched a Facebook page to educate Khmer Krom workers on their labor rights. He also provides pro bono advice to Khmer Krom involved in labor disputes and hopes to set up unions for Khmer Krom factory workers.

Yoeung Kaiy told RFA in March that Khmer Krom workers in Vietnam were being forced to work overtime and refused time off for Khmer national holidays such as the Khmer New Year and the Pchum Ben Festival.

To date, the governments of only two of the 21 provinces Vietnam has claimed from Cambodia since the 17th century allow Khmer Krom workers to take days off during the Khmer New Year.

More recently, Yoeung Kaiy told RFA that that he has been regularly followed by Vietnamese authorities demanding that he stop his advocacy on behalf of the Khmer Krom and assaulted when he refused.

“When we express our views, they threatened to imprison us,” he said.

Recent harassment

At least three Khmer Krom youths were recently fined up to U.S. $300 for posting comments on Facebook about their indigenous history.

Another Khmer Krom youth, To Hoang Chhuong, was fined U.S. $300 for wearing a T-shirt marking the anniversary of the loss of Khmer territory to Vietnam. He recently told RFA that he plans to publish a guide to self-determination and distribute it for free to members of his ethnic minority.

“I am disseminating information on indigenous rights to raise awareness among the Khmer Krom of the laws governing indigenous people,” he said.

The latest harassment follows a March 29 raid by Vietnamese authorities on the printing house of a Khmer Krom man named Thach Sang who had created T-shirts declaring the ethnic group’s support for International Women’s Day on March 8, based on a customer’s order.

Thach Sang told RFA that he is seeking intervention from NGOs and human rights groups against the authorities, whose actions he said had disrupted his business.

“This was a threat and they tried to force me to ‘accept my mistakes,’” he said, noting that police demanded that he thumbprint a document at the time of the raid, but did not allow him to read it, so he refused to do so.

A court in Vietnam sentenced a journalist to eight years Friday for writing anti-state stories and sharing them on social media, her lawyer told RFA.

The People’s Court in the south-central coastal province of Phu Yen convicted Tran Thi Tuyet Dieu of violating article 117 of the Vietnamese penal code for “creating, storing and disseminating information and materials against the Socialist Republic of Vietnam.”

“The trial lasted three hours, which is quite fast. The prosecution carried a sentence range of five to 12 years and I think the 8-years is pretty harsh,” Nguyen Kha Thanh, Dieu’s lawyer told RFA’s Vietnamese Service.

“Ms. Dieu had a clean criminal record. This is her first offense,” Thanh said.

A former employee of a state-run newspaper, Dieu was arrested in August 2020, for managing a Facebook profile called “Tuyết Babel” and a YouTube account under the name “Tuyết Diệu Trần." According to the Vietnam News Agency, which cited the indictment, Dieu had used the websites to disseminate 25 news stories and nine videos deemed to be against the state.

She also stored seven other anti-state stories on her laptop and had published online written materials in support of democracy activist Nguyen Viet Dung, currently serving a six-year sentence for disseminating anti-state materials, including photos of himself in military garb in front of the flag of South Vietnam, defeated when the communist North unified the country in 1975.

After Dieu’s arrest, she was not allowed to contact anyone for months and could not meet her lawyer until November 2020.

“She pleaded innocent, saying that there were no victims of what she did. She did not accept the accusations as the trial failed to find a person harmed by her actions,” said the lawyer.

“But the court said her actions caused harm to the nation, a common tactic that allows them to not have to show any specific harmed individuals,” he said.

Thanh said as a regular citizen, Dieu’s writings were not done with the intention of opposing the government, and an individual’s writings are not strong enough to topple an entire government.

“In my view what she was doing was not in opposition to the authorities. I guess Ms. Dieu wrote those things because she was upset or something. She should have been charged with an administrative violation or for insulting an organization,” Thanh said.

Harsh forms of persecution

With Vietnam’s media all following Communist Party orders, “the only sources of independently-reported information are bloggers and independent journalists, who are being subjected to ever-harsher forms of persecution,” the press freedoms watchdog Reporters Without Borders (RSF) says in its 2021 Press Freedoms Index.

Measures taken against them now include assaults by plainclothes police, RSF said in its report, which placed Vietnam at 175 out of 180 countries surveyed worldwide, a ranking unchanged from last year.

“To justify jailing them, the Party resorts to the criminal codes, especially three articles under which ‘activities aimed at overthrowing the government,’ ‘anti-state propaganda’ and ‘abusing the rights to freedom and democracy to threaten the interests of the state’ are punishable by long prison terms,” the rights group said.

Vietnam’s already low tolerance of dissent deteriorated sharply last year with a spate of arrests of independent journalists, publishers, and Facebook personalities as authorities continued to stifle critics in the run-up to the ruling Communist Party Congress in January. But arrests continue in 2021.

Vietnamese authorities should immediately release journalist Nguyen Hoai Nam, drop any pending charges against him, and stop jailing journalists on trumped-up anti-state allegations, the Committee to Protect Journalists said today.

On April 3, authorities in Ho Chi Minh City detained Nam, an independent journalist who publishes commentary and reporting on Facebook, according to news reports.

On April 10, authorities announced that he was being investigated under Article 331 of the penal code, an anti-state provision that penalizes “abusing democratic freedoms,” and carries maximum seven-year prison terms for convictions, those reports said.

On his personal Facebook page, which has about 7,800 followers, Nam recently wrote about alleged government corruption, and frequently posted criticism of Communist Party officials, according to the U.S. Congress-funded broadcaster Radio Free Asia and CPJ’s review of his page. CPJ could not immediately determine which specific posts authorities cited in their allegations against Nam.

“Vietnamese authorities should immediately release journalist Nguyen Hoai Nam and drop any pending charges against him,” said Shawn Crispin, CPJ’s senior Southeast Asia representative. “If Vietnam’s government wants to be viewed internationally as a responsible actor, it must stop treating journalism as a crime, and must stop harassing members of the press over their work.”

Nam, who previously reported for state media outlets including Phap Luat (Law Journal), Thanh Nien (Youth Newspaper), and Voice of Vietnam Radio, will be held in pretrial detention at Ho Chi Minh City’s Chi Hoa Detention Center while authorities investigate his case, those news reports said.

CPJ emailed the Ministry of Public Security for comment, but did not receive any reply.

CPJ’s latest prison census found that Vietnam imprisoned at least 15 journalists for their work as of December 1, 2020, making the nation the second-worst jailer in Asia, trailing only China.

Yesterday, police in the southern city of Can Tho arrested the three journalists as part of an ongoing investigation into Truong Chau Huu Danh, founder of the independent Bao Sach (“Clean Newspaper”) Facebook-based news outlet, according to news reports. Authorities also seized documents relating to their work during the arrests, those reports said.

Nha, Giang, and Bao worked as reporters for Bao Sach before its Facebook page was deactivated following Danh’s arrest in December 2020, according to those reports and CPJ documentation from the time.

Danh is accused of violating Article 331 of the penal code, which bans “abusing democratic freedoms to infringe upon the interests of the State” and carries potential seven-year jail terms, according to CPJ’s coverage from the time, which called for his immediate release.

CPJ could not immediately determine whether Nha, Giang, and Bao are also accused under Article 331 of the penal code.

“Reporters Thanh Nha, Doan Kien Giang, and Nguyen Phuoc Trung Bao should all be immediately and unconditionally released,” said Shawn Crispin, CPJ’s senior Southeast Asia representative. “Vietnamese authorities must stop jailing journalists for their work, and should ensure that members of the press are able to work for independent outlets without fear of arrest and legal harassment.”

Bao Sach had more than 100,000 followers on Facebook at the time of Danh’s arrest last year; it covered topics including protests over alleged illegal toll collectors on local highway systems, and posted images of government officials arrested over their suspected involvement in such a scheme, as CPJ documented at the time.

Vietnam’s Ministry of Public Security did not immediately respond to CPJ’s request for comment on the reporters’ arrests and the status of Danh’s case, filed through its website.

Vietnam is among the worst jailers of journalists worldwide, with at least 15 behind bars when CPJ conducted its annual prison census on December 1, 2020.

On April 14, authorities in Thu Duc city arrested former police captain Le Chi Thanh on the allegation of “resisting on-duty state officials” under Article 330 of the Criminal Code for his efforts to monitor traffic police forces.

Mr. Thanh, 38, was a police officer of Thu Duc Prison camp. Last year, he was dismissed from the forces after filling denunciations accusing the prison camp’s senior managers of corruption and wrongdoings.

In recent months, he and his friends went on streets to film works of traffic police teams in many places. His activities are considered by the authorities disrupting the works of the traffic police which is seen as one of the most corrupted groups in Vietnam.

The Police Department of Ho Chi Minh City is considering to additionally charge him with “abusing democratic freedom” under Article 331 of the same code for his numerous Facebook livestreams on which he talked about bribery of traffic policemen.

A court in southern Vietnam’s Can Tho City on Thursday sentenced a Facebook user to two years in prison for posting articles and livestream videos criticizing Vietnam’s communist government online, family members and media sources said.

Le Thi Binh, born in 1976, was arrested in December and charged with “abusing the rights to freedom and democracy to threaten the interests of the state” under Article 331 of Vietnam’s 2015 Penal Code. Her elder brother, Le Minh The, had completed a two-year jail term on the same charge in July.

Binh’s lawyer argued at trial for a reduced sentence of 12 months, Binh’s son Nguyen Chi Thanh told RFA after the trial, “But the prosecutor recommended two and a half years, and my mom was finally sentenced to two years in prison.”

Quoting the indictment against her, state media said Binh had used her Facebook page from October 2019 to November 2020 to livestream, post, and share posts “conveying bad and reactionary viewpoints and ideas” aimed at opposing and defaming Vietnam’s Communist Party and party and state leaders.

Binh had also “seriously insulted” Communist Vietnam’s founding leader Ho Chi Minh in her posts and called for a multiparty and pluralistic state to replace the current political regime, state media said.

Binh’s arrest and jailing is only the latest in a continuing series of arrests of independent journalists, publishers, and Facebook personalities after authorities began last year to stifle critics in the run-up to the ruling Communist Party Congress in January.

With Vietnam’s media tightly controlled by the country’s ruling Communist Party, “the only sources of independently-reported information are bloggers and independent journalists,” the press freedoms watchdog Reporters Without Borders (RSF) said in its 2021 Press Freedoms Index.

Measures now taken against them include jailings under vague charges in the criminal code and assaults by plainclothes police, RSF said in its report, which placed Vietnam at 175 out of 180 countries surveyed worldwide, a ranking unchanged from last year’s.

Also ranked low in this year’s survey were Vietnam’s neighbors Laos at 172, Cambodia at 144, and Myanmar, whose ranking at 140 represents a one-point drop from last year’s score, RSF said.

On 7 April 2021, police officers in Hanoi city arrested woman human rights defender Nguyễn ThúyHạnh under Article 117 of the Criminal Code, which relates to conducting anti-state propaganda.Nguyễn Thúy Hạnh has been the target of judicial harassment since 2016 and arbitrarily detained multiple times for her human rights activities. The woman human rights defender is currently being detained at Prison Camp 2 in Thuong Tin district.Nguyễn Thúy Hạnh is a woman human rights defender and an active advocate for Vietnam’s prisoners of conscience, as well as victims of land appropriation. She frequently visits the families of prisoners of conscience and accompanies them to the detention facilities, and until recently assisted in the collection of funds for their support through the ‘50K Fund’ that she set up for this purpose in 2018. She was forced to shut down the fund just a few months ago, under mounting pressure from the authorities. The woman human rights defender is also active on social media,where she regularly voices her opinions on human rights issues in the country.On 7 April 2021, a group of about 30 police officers arrested woman human rights defender Nguyễn Thúy Hạnh at her home in Hanoi and cordoned off her apartment. She was taken to the Hanoi police department’s Security Investigation Agency and then later moved to Prison Camp 2 in Thuong Tin district. The defender was arrested on charges under Article 117 of the Criminal Code for “making, storing, or spreading information, materials or items for the purpose of opposing the State of the Socialist Republic of Viet Nam”, a charge that could carry a potential prison sentence of up to 20 years. Nguyễn Thúy Hạnh has requested the prison authorities grant her access to a lawyer, however the authorities have not responded to the request and so the woman human rights defender is yet to meet any lawyer or family member.Nguyễn Thúy Hạnh has come under frequent judicial harassment and persecution by Vietnamese authorities in the past several years for her human rights work. Following her efforts to raise funds for the family of a community leader who was killed in a police raid in Dong Tam village in January2020, Nguyễn Thúy Hạnh’s bank accounts were frozen, upon the instruction of the police. In March2018, following her participation in a peaceful protest against the Law on Cybersecurity and the Law on Special Economic Zones, the woman human rights defender was arrested and severely beaten during the interrogation, which resulted in injuries to her face.The woman human rights defender’s arrest comes after the recent sentencing of four other human rights defenders, Nguyen Tuong Thuy, Le Huu Minh Tuan, Pham Chi Dung and woman human rights defender Đinh Thị Thu Thủy, under the same charges under Article 117 of the Penal Code.On 14 January 2020, UN experts condemned the recent arrests in Vietnam and the dangerous and blatant usage of Article 117 of the Penal Code to silence critical voices and further restrict the right to freedom of expression in the country. Front Line Defenders condemns the arrest of woman human rights defender Nguyễn Thúy Hạnhand is seriously concerned by the shrinking space for freely exercising the right to freedom of expression in Vietnam without fear of consequence or retaliation, and the ongoing judicial harassment of human rights defenders. Front Line Defenders believes that Nguyễn Thúy Hạnh,like other human rights defenders recently arrested, is being targeted solely for her peaceful work in defence of human rights in Vietnam.

On April 15, the People’s Court of Ho Chi Minh City convicted Mr. Quach Duy of “abusing democratic freedom” under Article 331 of the Criminal Code and sentenced him to four years and six months in prison for his anti-corruption efforts.

Mr. Duy, 38, was an official of the city’s People’s Committee. He was arrested in September last year after posting on Facebook about corruption and wrongdoings of senior officials of the committee, including Vice Chairman Le Vinh Tuyen.

The court judged that his posts have defamed the local leaders and undermined the regime.

On 27 March, authorities in Ha Noi arrested Le Trong Hung under Article 117, who had applied to be an independent (or ‘self-nominated’) candidate for a National Assembly seat in Ha Noi city. Le Trong Hung is a citizen journalist and a member of Chan Hung TV, a media group which broadcasts Facebook livestreams about social and political issues. According to his family, Le Trong Hung was arrested while walking in his neighbourhood and taken to his home by police who then searched the house. It is unknown where he is currently being detained.

Vietnam’s communist regime has convicted four activists named Mr. Vu Tien Chi, Ms. Nguyen Thi Cam Thuy, Ms. Ngo Thi Ha Phuong, and Mr. Le Viet Hoa of “Making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam” under Article 117 of the country’s Criminal Code for their online activities.

In two separated trials held in the Central Highlands province of Lam Dong and the central coastal province of Khanh Hoa on March 30, the four activists were sentenced to a combined total 31 years in prison and six years of probation. The People’s Court of Lam Dong gave Mr. Chi 10 years in prison followed by three years of probation while the People’s Court of Khanh Hoa sentenced Ms. Thuy to nine years in prison and three years of probation, Ms. Phuong- seven years and Mr. Hoa- five years in prison.

According to the indictment, from the beginning of 2018, Mr. Chi shared 338 articles and conducted 181 livestreams on his Facebook page with content distorting the regime’s policies and defaming senior communist leaders, including late President Ho Chi Minh, who founded the communist regime. These online posts are harmful for the regime and affected the people’s beliefs in the ruling Communist Party of Vietnam and its government, the trial panel of the People’s Court of Lam Dong concluded.

The People’s Court of Khanh Hoa province concluded that Ms. Thuy, a former school teacher fired for her political opinion, was responsible for 181 livestreams and many posts on her Facebook accounts “Nguyễn Cẩm Thúy” and “Cẩm Thúy Cô” to defame the regime. She was also accused of burning the red flags of the ruling party and the regime as well as cutting portraits of senior leaders, including the regime founder Ho Chi Minh.

On March 29, the Khanh Hoa newspaper, the mouthpiece of the province’s Party Committee reported that the province’s People’s Court will hold the first-instance hearing on March 30-31 to try Ms. Thuy and two others named Ngo Thi Phuong Ha and Le Viet Hoa, however, the state-controlled media has not reported their activities which can be used for their conviction.

The state-run newspapers also reported that Mr. Chi and Ms. Thuy know each other, having a joint plan to expand a network of people sharing the same thoughts to establish a political opposition.

Both Chi and Thuy were arrested on June 24 last year. There is no information about their pre-trial detention. It is unclear whether the four activists have their own lawyers during their trials or not.

They are among 51 activists being imprisoned on the charge of “conducting anti-state propaganda” under Article 117 of the Criminal Code 2015 (or Article 88 of the Penal Code 1999) which is condemned by the international community as an effective tool to silence government critics. President of the unregistered professional group Independent Journalists Association of Vietnam (IJAVN) PhD. Pham Chi Dung and his deputy Nguyen Tuong Thuy as well as world-recognized human rights defender and well-known political blogger Pham Doan Trang were also arrested on this charge. Mr. Dung and Mr. Thuy were sentenced to 15 years and 11 years in prison, respectively, in early January this year while Ms. Trang is still held incommunicado in pre-trial detention after her arrest on October 7 last year.

A jailed Vietnamese blogger serving an 11-year prison term for writing articles criticizing Vietnam’s government is being denied family visits after being transferred to a new prison following his refusal to appeal his sentence, his wife said on Friday.

Nguyen Tuong Thuy, an independent journalist and former RFA blogger, was recently moved from a Ho Chi Minh City Police Investigation Agency detention center and sent to the Bo La prison in Binh Duong province, Thuy’s wife Nguyen Thi Lan said.

“Yesterday I went to the Bo La detention center to visit my husband. I arrived at 11:00 a.m. but couldn’t see him as the doors had been locked, and I had to wait until 1:30 p.m. to send him some food,” Lan said, adding that prison staff accepted her delivery of food but refused to let her visit or speak with Thuy.

“They explained that they were not allowed to do this, as they had to follow instructions from the Ho Chi Minh City police,” she said.

Lan said she was shown a February 2021 police notice suspending prison visits and consular contacts due to concerns over the spread of COVID-19, but insisted that this was still against the law. “The law stipulates that anyone temporarily detained is still allowed to see their family at least once a month.”

Even with concerns over COVID-19, the guards should have allowed her to see her husband at a distance or speak to him on the phone, Lan said.

“However, I had no choice but to accept their decision, as [the detention officers] are the ones who have the authority,” Lan said, adding she had heard that a prisoner being held on a drugs charge at the same facility had been allowed to call and speak to their family.

“I think the guards were just making excuses,” she said. “I don’t know why they would say what they did, but I believe they were just following their superiors’ instructions and not the law.”

Calls seeking comment from the Bo La detention center were not picked up on Friday.

Civil rights, freedom of speech

Nguyen Tuong Thuy, who had blogged on civil rights and freedom of speech issues for RFA’s Vietnamese Service for six years, was sentenced on Jan. 5 with two other bloggers—like Thuy members of the Vietnam Independent Journalists’ Association—who were handed lengthy jail terms at the same time.

Arrested in May 2020, Thuy was indicted along with Pham Chi Dung and Le Huu Minh Tuan on Nov. 10 for “making, storing, and disseminating documents and materials for anti-state purposes” under Article 117 of Vietnam’s Penal Code.

Sentenced with Thuy, Pham Chi Dung was given a 15-year prison term, while Le Huu Minh Tuan was jailed for 11 years.

Thuy later refused to appeal his sentence, tearing up a petition form given to his after prison guards told him what to write on it, Thuy’s lawyer told RFA in an earlier report.

Reporters Without Borders (RSF) ranked Vietnam 175 out of 180 in its 2020 World Press Freedom Index. About 25 journalists and bloggers are being held in Vietnam’s jails, “where mistreatment is common,” the Paris-based watchdog group said.

Vietnam’s already low tolerance of dissent deteriorated sharply last year with a spate of arrests of independent journalists, publishers, and Facebook personalities as authorities continued to stifle critics in the run-up to the ruling Communist Party Congress in January.

Police in north-central Vietnam’s Nghe An province arrested the owner of a private clinic on Monday, accusing the physician of undermining people’s trust in the Communist Party in a series of articles posted on social media, state media sources said.

Nguyen Duy Huong, a 34-year-old medical doctor and owner of the Duy Nhi clinic in the Yen Thanh district’s Vienh Tanh commune, was charged under Article 117 of the Criminal Code with “creating, storing, or disseminating information and documents against the Socialist Republic of Vietnam.”

Security services said that articles posted since 2018 on Huong’s Facebook page included a Feb. 20, 2021 story called “Why Should We Criticize Nguyen Phu Trong,” which criticized the ruling Communist Party general secretary, now serving his third term in office, for turning the party into “a swamp.”

Huong had written in the same article that he was willing to sacrifice even his family and job in order to change the Party and the country, according to a report in the Ministry of Public Security’s official newspaper.

“I have devoted my life to this [cause],” Huong wrote, quoted in the Ministry paper. “Reforms must be carried out so that our people can really be their own masters, the party can be cleaned up, and the country can move forward.”

Huong’s writings had undermined the Vietnamese people’s trust in their ruling party and the socialist regime and had harmed political and ideological unity in the country, and should therefore be “handled strictly,” the ministry paper said.

Prison wardens in southern Vietnam unleashed a hunting dog on a political prisoner serving an 11-year sentence for subversion to silence his complaints about solitary confinement in a cramped cell, his family told RFA.

Democracy advocate Nguyen Van Duc Do has been incarcerated since late 2018 at the Z30A detention center in Xuan Loc district of Dong Nai province for “activities aimed at overthrowing the government.”

Arrested in November 2016, Do and four other activists were convicted on Oct. 5, 2018 in a Ho Chi Minh City court after being found guilty in a one-day trial of involvement in the Vietnam National Self-Determination Coalition, a group that authorities deemed to have challenged Vietnam’s Communist one-party system.

Do’s inability to exercise in the small eight-square-meter (about 87 square feet) cell resulted in his physical condition deteriorating to the point where he often had chest pains and difficulty breathing, his brother said.

“My brother told me that yesterday, March 15, he banged on the door of his cell to call for help because he had pains in his chest and back that made it hard for him to breathe,” Do’s younger brother, Nguyen Van Duc Hai told RFA’s Vietnamese Service.

“He said that the prison was very large, so no one can hear you if you don’t shout. This is why he banged on the door shouting ‘Prisoners of conscience also need to live!’” said Hai.

This is when Do said the guards brought in a hunting dog to silence him.

“My brother said the dog was about to pounce on him, so he jumped back inside. Though it didn’t bite him, the dog barked loudly at him while standing at the door,” Hai said.

RFA attempted to contact the prison for comment but telephone calls went unanswered.

Do’s group had been charged under Article 79 of Vietnam’s Penal Code, one of a set of vague provisions in the law used to detain writers, activists, and bloggers, and had been held without trial for almost two years.

The group had previously been active in protesting the government’s handling of a massive chemical spill in April 2016 that devastated the country’s central coast, leaving fishermen and tourism workers jobless in four central provinces.

Group leader Luu Van Vinh was given 15 years. Nguyen Quoc Hoan was sentenced to 13 years, Tu Cong Nghia to 10 years, Phan Trung to 8 years, and Nguyen Van Duc Do to 11 years.

Nguyen Van Duc Hai said his brother Do had been in solitary confinement since May 2020, and since then had not been allowed to go out, even for exercise.

Hai also said that Do was being pressured by prison staff to plead guilty in exchange for a reduced sentence.

“My brother Do said they often bring him papers to file a guilty plea and asked him to sign, but he responded ‘I am innocent. The verdict was wrong. Am only a patriot!’” Hai said.

“They told him that if he pleads guilty, they can reduce his sentence by two months for every five years. But my brother said ‘I am innocent. How can I plead guilty? I was convicted wrongfully,’” said Hai.

Do also told Hai that prisoners at Xuan Loc are often beaten to the point of serious injury.

RFA reported in June 2020 that Do’s family had filed a petition demanding better treatment at Xuan Loc after he told them he had been physically assaulted, spent two days shacked in solitary confinement, then fed prison rations mixed with feces.

In October 2019 RFA reported that Do had joined other prisoners of conscience held at Xuan Loc who had also stopped eating to call for beater treatment at the facility.

According to a friend interviewed in that report, political prisoners at Xuan Loc were being charged four or five times higher for food than other prisoners there.

According to the 88 Project, an Illinois-based NGO that tracks political prisoners, Vietnam is currently holding 240 prisoners of conscience.

Trial for journalist

Authorities have set a trial date for detained journalist Tran Thi Tuyet Dieu on charges of “creating, storing, disseminating information, documents, items and publications against the Socialist Republic of Vietnam” as stated in Article 117 of the 2015 Criminal Code.

Dieu, also known by her pen name Dieu Anh, will stand trial at the Phu Yen People’s Court on March 22.

Dieu was arrested on Aug. 21, 2020 for posting on social media hundreds of stories, images, and video clips that authorities say were “content that opposed the Party, State and People, smearing President Ho Chi Minh and many other leaders of the Party and State.” The People’s Public Security Newspaper accused her of posting the content using multiple accounts on Facebook and other social media websites.

She was also accused of writing stories that ““distorted Vietnam’s Revolutionary history, inciting the overthrow of the people’s government, demanding multi-party pluralism, disseminating wrong information about the activities of law-enforcement bodies, showing uncooperative and opposing attitude when being invited to work with responsible authorities.”

If convicted Dieu could receive a sentence ranging from five to 12 years.

Dieu’s lawyer Nguyen Kha Than told RFA that Dieu will plead innocent and had refused to sign interview records compiled by investigation agencies.

“These days it seems Facebook users who post words that are different than the normal thinking of others are often prosecuted on this charge. Ms. Dieu said she was arrested after having quit Facebook for several months,” Than said.

Vietnamese land-rights activist Trinh Ba Phuong is being held in a state-run mental hospital after being transferred from his former detention center, according to his wife, who was informed of his whereabouts on Monday.

After visiting Hanoi police on March 22 to ask about her husband, Phuong’s wife Do Thi Thu was told he had been sent to the hospital in Hanoi’s Thuong Tin district for “evaluation” after refusing to cooperate with investigators, Thu told RFA on Monday.

“It was [investigating officer] Le The Bac who told me in person that my husband had been sent to the National Psychiatric Hospital No. 1 on March 1,” Thu said, adding she was told that her husband had been “uncooperative” with police, refusing to look at his interrogators or answer their questions.

“Because of this behavior, prosecutors asked that an assessment of Phuong’s health be carried out for around four to six weeks,” Thu said she was told.

Investigators had previously summoned Phuong’s family members on Sept. 3, 2020 to ask about Phuong’s behavior at home and whether there was a history of mental illness in the family, Thu said. “I told them that when he was at home, Phuong was healthy and loved his wife and children, and that there is no one in my family with mental health problems.”

“Then, in December, Phuong asked someone to call me, and that person told me that Phuong had said he would uphold his right to silence until he could see his lawyer. That person also said that Phuong wanted to remind us not to say anything to police ourselves, as we too have the right to silence.”

Calls seeking comment from the National Psychiatric Hospital No. 1 were answered by a receptionist who said she did not know of any patient there named Trinh Ba Truong and that there were over 600 patients in the hospital.

Calls to the hospital’s General Planning Department were not picked up on Monday.

The right to maintain silence

Speaking to RFA, Phuong’s defense attorney Dang Dinh Manh said his client was within his rights under Vietnam’s Criminal Code “not to give testimony against himself or to plead guilty,” adding that he plans to file a complaint in the case with prosecutors and the Hanoi Security Investigation Office.

“The Criminal Code stipulates that defendants have the right to maintain silence,” the lawyer said. “Thus I was very surprised to hear that not giving responses [to investigators] should be taken as a sign of mental illness and that ‘assessments’ are needed.”

“Because I got this information from Phuong’s family and not in an official notice given to me as his lawyer, I’ll ask the Security Investigation Office to confirm it," he said.

"And if they do, I’ll take further legal steps which could include filing a complaint about Phuong’s transfer for health assessments without legal justification."

A well-known land-rights activist in Hanoi, Trinh Ba Phuong was arrested on June 24, 2020 with his younger brother, Trinh Ba Tu, and his mother, Can Thi Theu, on charges of “creating, storing, and disseminating information, documents, items and publications opposing the Socialist Republic of Vietnam.”

The three family members had been outspoken in social media postings about the Jan. 9, 2020 clash in Dong Tam commune in which 3,000 police stormed barricaded protesters’ homes at a construction site about 25 miles south of the capital, killing a village elder.

They had also offered information to foreign embassies and other international figures to try to raise awareness of the incident.

While all land is ultimately held by the state, land confiscations have become a flashpoint as residents accuse the government of pushing small landholders aside in favor of lucrative real estate projects, and of paying too little in compensation to farming families displaced by development.

Police in Hanoi at the weekend summoned Trinh Ba Khiem—the husband of detained Dong Tam land-rights activist Can Thi Thieu and father of their two sons—ordering him to remove live-stream postings on Facebook they said were defaming the Communist Party.

“They said that the communist regime would arrest me and punish me harshly if I kept putting videos up on social media,” Khiem told RFA, adding that it’s likely now that he will be jailed following the arrests of his wife and sons.

“My wife and children are already in prison, so I’m not frightened at all, even if they jail me for 20 years or if I die in prison,” he said.

During his meeting with police, Khiem asked to see his son Trinh Ba Phuong, who was transferred from a detention center to a state-run psychiatric hospital in early March for “evaluation” after refusing to speak to police investigators – the third prisoner of conscience known to have been sent for psychiatric treatment.

A well-known land-rights activist in Hanoi, Phuong was arrested on June 24, 2020 with his younger brother, Trinh Ba Tu, and his mother, Can Thi Theu, on charges of “creating, storing, and disseminating information, documents, items and publications opposing the Socialist Republic of Vietnam.”

The three family members had been outspoken in social media postings about the Jan. 9, 2020 clash in Dong Tam commune in which 3,000 police stormed barricaded protesters’ homes at a construction site about 25 miles south of the capital, killing a village elder.

'Mentally strong'

Can Thi Theu meanwhile met on Tuesday with a defense lawyer for the first time since her arrest in June, her attorney, Le Luan, wrote on his Facebook page, describing his client as “mentally strong.”

Speaking to RFA on Wednesday, Theu’s daughter Trinh Thi Thao confirmed the meeting, adding she had given Le Luan a letter she had written to her mother, along with photographs of her mother’s four grandchildren.

“The lawyer said that we would meet with Trinh Ba Tu on another day,” she said.

Can Thi Theu had earlier served a 20-month prison term after being convicted in 2016 of “disturbing public order” for joining protests with others over their loss of land which was taken by the government to give to private companies without payment of adequate compensation.

While all land is ultimately held by the state, land confiscations have become a flashpoint as residents accuse the government of pushing small landholders aside in favor of lucrative real estate projects, and of paying too little in compensation to farming families displaced by development.

An appeals court in Vietnam’s capital Hanoi on Wednesday upheld the 12-year prison sentence handed to dissident writer Tran Duc Thach in December, sending him back to prison to serve his full term without hearing any arguments from his lawyer.

Thach, 69 and a founder of Vietnam’s online Brotherhood for Democracy, had heard only on Monday that the trial would be held, attorney Ha Huy Son told RFA on Tuesday.

Thach’s appeals hearing lasted just under two hours and was held without arguments between Thach’s defense attorney Ha Huy Son and government prosecutors, Son told RFA’s Vietnamese Service following the trial.

“It seems that the court had arranged its verdict ahead of time, as it was clearly made without any consideration being given to what Thach had actually done,” he said.

Arrested on April 23, 2020 Thach had been charged with “activities aimed at overthrowing the People’s Government” under Article 109 of Vietnam’s Criminal Code for Facebook postings exposing government corruption and human rights abuses.

The Brotherhood for Democracy is not recognized by the Vietnamese government, and many of its members have been imprisoned since its founding in 2013.

Speaking at Wednesday’s trial, a government prosecutor called Thach’s actions “dangerous to society,” saying they had threatened national security and undermined public trust in Vietnam’s political system.

Thach’s first trial had been compromised by “serious violations of legal proceedings,” Thach’s defense team said in a closing statement, noting that Thach had been tried on charges under the 2015 Criminal Code, which came into effect in early January 2018, well after his alleged offenses.

Prosecutors on Wednesday had also enjoyed full access to Thach’s case file, while defense lawyers were not allowed to have a copy of it, attorney Ha Huy Son said.

Thach had previously served a three-year jail term after being convicted in October 2009 of “conducting propaganda against the Socialist Republic of Vietnam,” and his return to prison now comes amid a new surge of jailings and convictions following a spate of arrests last year in the run-up to a top-level Communist Party conference in January.

'I'm not frightened at all'

Separately, police in Hanoi at the weekend summoned Trinh Ba Khiem—the husband of detained Dong Tam land-rights activist Can Thi Thieu and father of their two sons—ordering him to remove live-stream postings on Facebook they said were defaming the Communist Party.

“They said that the communist regime would arrest me and punish me harshly if I kept putting videos up on social media,” Khiem told RFA, adding that it’s likely now that he will be jailed following the arrests of his wife and sons.

“My wife and children are already in prison, so I’m not frightened at all, even if they jail me for 20 years or if I die in prison,” he said.

During his meeting with police, Khiem asked to see his son Trinh Ba Phuong, who was transferred from a detention center to a state-run psychiatric hospital in early March for “evaluation” after refusing to speak to police investigators – the third prisoner of conscience known to have been sent for psychiatric treatment.

A well-known land-rights activist in Hanoi, Phuong was arrested on June 24, 2020 with his younger brother, Trinh Ba Tu, and his mother, Can Thi Theu, on charges of “creating, storing, and disseminating information, documents, items and publications opposing the Socialist Republic of Vietnam.”

The three family members had been outspoken in social media postings about the Jan. 9, 2020 clash in Dong Tam commune in which 3,000 police stormed barricaded protesters’ homes at a construction site about 25 miles south of the capital, killing a village elder.

'Mentally strong'

Can Thi Theu meanwhile met on Tuesday with a defense lawyer for the first time since her arrest in June, her attorney, Le Luan, wrote on his Facebook page, describing his client as “mentally strong.”

Speaking to RFA on Wednesday, Theu’s daughter Trinh Thi Thao confirmed the meeting, adding she had given Le Luan a letter she had written to her mother, along with photographs of her mother’s four grandchildren.

“The lawyer said that we would meet with Trinh Ba Tu on another day,” she said.

Can Thi Theu had earlier served a 20-month prison term after being convicted in 2016 of “disturbing public order” for joining protests with others over their loss of land which was taken by the government to give to private companies without payment of adequate compensation.

While all land is ultimately held by the state, land confiscations have become a flashpoint as residents accuse the government of pushing small landholders aside in favor of lucrative real estate projects, and of paying too little in compensation to farming families displaced by development.