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VIETNAM: WHY RELIGIOUS FREEDOM AND HUMAN

RIGHTS ARE CRITICAL TO U.S. NATIONAL

INTERESTS

HEARING

BEFORE THE

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, 

GLOBAL HUMAN RIGHTS, AND 

INTERNATIONAL ORGANIZATIONS

OF THE

COMMITTEE ON FOREIGN AFFAIRS 

HOUSE OF REPRESENTATIVES

ONE HUNDRED FIFTEENTH CONGRESS

FIRST SESSION

MAY 25, 2017

Serial No. 115–32

Printed for the use of the Committee on Foreign Affairs

(

Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or

http://www.gpo.gov/fdsys/

(II)

COMMITTEE ON FOREIGN AFFAIRS 

EDWARD R. ROYCE, California, Chairman 

CHRISTOPHER H. SMITH, New Jersey 

ILEANA ROS-LEHTINEN, Florida 

DANA ROHRABACHER, California 

STEVE CHABOT, Ohio 

JOE WILSON, South Carolina 

MICHAEL T. MCCAUL, Texas 

TED POE, Texas 

DARRELL E. ISSA, California 

TOM MARINO, Pennsylvania 

JEFF DUNCAN, South Carolina 

MO BROOKS, Alabama 

PAUL COOK, California 

SCOTT PERRY, Pennsylvania 

RON DESANTIS, Florida 

MARK MEADOWS, North Carolina 

TED S. YOHO, Florida 

ADAM KINZINGER, Illinois 

LEE M. ZELDIN, New York 

DANIEL M. DONOVAN, JR., New York 

F. JAMES SENSENBRENNER, JR., 

Wisconsin 

ANN WAGNER, Missouri 

BRIAN J. MAST, Florida 

FRANCIS ROONEY, Florida 

BRIAN K. FITZPATRICK, Pennsylvania 

THOMAS A. GARRETT, JR., Virginia 

ELIOT L. ENGEL, New York 

BRAD SHERMAN, California 

GREGORY W. MEEKS, New York 

ALBIO SIRES, New Jersey 

GERALD E. CONNOLLY, Virginia 

THEODORE E. DEUTCH, Florida 

KAREN BASS, California 

WILLIAM R. KEATING, Massachusetts 

DAVID N. CICILLINE, Rhode Island 

AMI BERA, California 

LOIS FRANKEL, Florida 

TULSI GABBARD, Hawaii 

JOAQUIN CASTRO, Texas 

ROBIN L. KELLY, Illinois 

BRENDAN F. BOYLE, Pennsylvania 

DINA TITUS, Nevada 

NORMA J. TORRES, California 

BRADLEY SCOTT SCHNEIDER, Illinois 

THOMAS R. SUOZZI, New York 

ADRIANO ESPAILLAT, New York 

TED LIEU, California

AMY PORTER, Chief of Staff THOMAS SHEEHY, Staff Director

JASON STEINBAUM, Democratic Staff Director 

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH, GLOBAL HUMAN RIGHTS, AND

INTERNATIONAL ORGANIZATIONS

CHRISTOPHER H. SMITH, New Jersey, Chairman 

MARK MEADOWS, North Carolina 

DANIEL M. DONOVAN, JR., New York 

F. JAMES SENSENBRENNER, JR., 

Wisconsin 

THOMAS A. GARRETT, JR., Virginia 

KAREN BASS, California 

AMI BERA, California 

JOAQUIN CASTRO, Texas 

THOMAS R. SUOZZI, New York 

(III)

C O N T E N T S 

Page

WITNESSES 

Quan Q. Nguyen, M.D., chairman, Rallying for Democracy ................................ 11

Nguyen Dinh Thang, Ph.D., president and chief executive officer, Boat People 

SOS ........................................................................................................................ 22

Mr. T. Kumar, director of international advocacy, Amnesty International ........ 29

LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING 

The Honorable Christopher H. Smith, a Representative in Congress from 

the State of New Jersey, and chairman, Subcommittee on Africa, Global 

Health, Global Human Rights, and International Organizations: Prepared 

statement .............................................................................................................. 4

Quan Q. Nguyen, M.D.: Prepared statement ........................................................ 15

Nguyen Dinh Thang, Ph.D.: Prepared statement ................................................. 25

Mr. T. Kumar: Prepared statement ....................................................................... 32

APPENDIX 

Hearing notice .......................................................................................................... 48

Hearing minutes ...................................................................................................... 49

The Honorable Eliot L. Engel, a Representative in Congress from the State 

of New York: Letter to Secretary Tillerson on human rights in Vietnam ....... 50

The Honorable Gerald E. Connolly, a Representative in Congress from the 

Commonwealth of Virginia: Prepared statement .............................................. 52

The Honorable Alan S. Lowenthal, a Representative in Congress from the 

State of California: 

Letter on Lien Tri Buddhist Temple .................................................................. 54

Followup letter on Lien Tri Buddhist Temple ................................................... 56

(1)

VIETNAM: WHY RELIGIOUS FREEDOM AND 

HUMAN RIGHTS ARE CRITICAL TO U.S. 

NATIONAL INTERESTS 

THURSDAY, MAY 25, 2017

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON AFRICA, GLOBAL HEALTH,

GLOBAL HUMAN RIGHTS, AND INTERNATIONAL ORGANIZATIONS,

COMMITTEE ON FOREIGN AFFAIRS,

Washington, DC. 

The subcommittee met, pursuant to notice, at 12:36 p.m., in room 

2172 Rayburn House Office Building, Hon. Christopher H. Smith 

(chairman of the subcommittee) presiding. 

Mr. SMITH. The hearing will come order and good afternoon to 

everyone. 

Before we start, I just want to recognize one of my constituents 

who’s here, Joseph Fischer, a Vietnam War veteran, a combat veteran who is down visiting. He’s from Freehold and I want to thank 

him for his service. 

He was and continues to be totally committed to human rights 

and fairness for the people of Vietnam and I want to thank him 

for joining us today. Thank you, Joe. 

Ladies and gentlemen, over the past 42 years, much has changed 

in Vietnam. Today’s people are a little richer but they still have 

very few rights. 

The Vietnamese Communist Party has opened up a bit to the 

outside world but remains closed to democratic reforms and the 

rule of law. 

U.S.-Vietnamese relations have warmed because Vietnam fears 

China’s increasing economic power and its incursions in the South 

China Sea, but we see few human rights improvements emerge 

from the better relations. As a matter of fact, there has been a profound reversal in the area of human rights protection. 

Over the past 2 years, Human Rights Watch has used the words 

dismal and abysmal to describe Vietnam’s human rights record. 

Vietnam scored a seven, the lowest score on Freedom House’s Freedom in the World index. 

From sex and labor trafficking to the censorship of the press and 

the Internet, from restrictions on independent labor unions to severe repression of faith communities, the Vietnamese Government 

and the Communist Party is one of the world’s worst abusers of 

human rights. 

2

For too long Vietnam has gotten a free pass on human rights. 

Diplomats are so focused on the fact that Vietnam is not China 

that this oppressive police state is granted trade and security benefits without conditionality. 

There is a silent human rights crisis going on in Vietnam that 

must be addressed. Human rights should be a top part of the meeting with President Trump’s next meeting next week with Vietnam’s 

Prime Minister, Nguyen Xuan Phuc. Doing so will advance U.S. 

economic and security interests and, above all, it’ll advance the 

cause of the people of Vietnam who deserve better than the dictatorship that they are living under. 

The President has a real opportunity to bring about tangible reform to Vietnam and that is why we are meeting. The proximity 

of this hearing is precisely designed to try to let the President 

know how important it is that he raise these issues robustly with 

the Prime Minister. 

I have been to Vietnam several times on human rights trips. I 

have met with advocates and young activists for decades, like imprisoned rights activist Nguyen Van Dai. I know there is a younger 

generation in Vietnam, 66 percent of who are under the age of 40, 

that looks to the U.S. as a land of opportunity and freedom. 

They want the same liberties enjoyed by their relatives in California, Texas, Virginia, Louisiana, and so many other places where 

former Vietnamese refugees have flourished. The Vietnamese people want the United States to be a voice for freedom because their 

voice in-country is silenced. 

No government that represses its own people or restricts fundamental freedoms can be a trusted ally of the United States. 

No government that censors the Internet, tortures and jails dissidents, and crushes civil liberty and civil society should be given 

generous trade or security benefits, again, without strong conditionality. 

The President will face pressure from his advisors, I am sure, 

and especially the business community, to look at Vietnam through 

the lens of trade deals and the containment of China. 

Hopefully, he will be able to see the situation more clearly than 

past administrations both Republican and Democratic. 

Failing to press for real and concrete human rights improvements underestimates U.S. leverage and will disappoint the young 

generation of Vietnam who are the country’s dynamic future. 

It should be clear by now that Vietnam needs the U.S. markets 

and security commitments much more than the United States 

needs Vietnam’s markets and security cooperation. 

If history is any guide, the President’s championing of individual 

rights will meet with some success. If his interest in human rights 

is sustained, those successes could be tangible and even far reaching. 

The Vietnamese Government has responded to concerns expressed by the last two administrations when they linked human 

rights improvements to better U.S. relations whether to gain entry 

into the World Trade Organization, the TPP—Trans-Pacific Partnership, or to address U.S. concerns over religious freedom abuses. 

3

The Vietnamese Government, at least for a time, took steps toward reform when pressed by past American Presidents. It is when 

the U.S. loses interest in human rights that conditions regress. 

The Communist leaders in Hanoi take our trade benefits and security commitments and continue repressing those seeking political 

reform and universally recognized freedoms. 

The business of the Communist Party is to stay in power and repressing those they believe will challenge their power. They will 

not embrace human rights improvements or the rule of law unless 

it is a firm condition of better relations with the United States. 

I am circulating a letter for signatures to other Members of Congress detailing the strategic opportunities available for the United 

States and the Vietnamese people if the President pursues a robust 

human rights agenda. 

The letter urges the President to pursue Internet freedom, religious freedom, independent labor unions, and release of prisoners 

of conscience as a condition of U.S. assistance. 

I wrote today to Secretary Rex Tillerson to urge more robust 

human rights diplomacy as well in Vietnam, particularly on the 

issue of religious freedom. 

We, I believe, and the U.S. Commission on International Religious Freedom, or USCIRF, recommended that Vietnam be designated as a country of particular concern for severe and egregious 

religious freedom restrictions. 

That report provides compelling evidence of egregious and ongoing religious freedom violations in Vietnam. 

The President should follow USCIRF’s recommendation and immediately, without any delay, designate Vietnam as a CPC for its 

religious freedom violations. The designation carries with it potential sanctions and visa denials for Vietnamese Government officials 

complicit in religious freedom abuses. 

No Vietnamese Government official who tortures political dissidents or restricts their activities should profit from access to the 

United States and let me say that violence and intimidation faced 

by the Hmong and Montagnard by Khmer Krom Buddhists, by 

independent Cao Dai groups is outrageous. 

The torture faced by Ms. Tran Thi Hong is absolutely shocking. 

She was on her way to meet U.S. Ambassador-at-Large for International Religious Freedom David Saperstein, who did a magnificent job in the last administration for religious freedom. 

She was on her way to meet with him to push for the release of 

her husband, Pastor Nguyen Cong Chinh, and she was horribly 

mistreated. 

If there are religious prisoners, if forced renunciations into faith 

are happening, if pagodas and churches and places of worship are 

forcibly closed, how does Vietnam not meet the criteria for CPC, as 

our good chairman, Ed Royce, has asked repeatedly as well? 

Over and over again, he has asked the administration redesignate them as a CPC country. 

I will be working closely with the State Department on this and 

without objection my full statement will be made a part of the 

record. I’d like to yield to my friend and colleague, Ms. Bass. 

[The prepared statement of Mr. Smith follows:]

4


25559d-1.eps

Cli!l!STOPHE!l R 51\ll!TH 

DEAN, NEW JEflSF.Y OEL.f.GAifON 

Why Religious Freedom and Human Rights are 

Critical to lJ.S. National Interests 

f?epresentativ::: Christopher i i. Smith 

2017 

Over the past forty-two years, much has changed in Vietnam. The Vietnamese people 

are a little richer, but still have few rights. 

The Vietnamese Conmmnist Party has opened up a bit to the outside world, but remains 

closed to democratic refonns and the rule oflaw. 

U.S.-Vietnamese relations have wanned because Vietnam fears China's increasing 

economic power and its incursions in the South China Sea, but we see few human rights 

improvements emerge from better relations. 

Over the past two years, Human Rights Watch has used the words "dismal" and 

··abysmal" to describe Vietnam's human rights record. Vietnam scored a 7, the lowest score, 

on Freedom House's "Freedom in the World" index. 

From sex and labor trafficking to the censorship of the press and internet; from 

restrictions on independent labor unions to severe repression of faith communities, the 

Vietnamese Government and Communist Party is one of the world's worst abusers of human 

rights. 

For too long Vietnam has gotten a free pass on hwnan rights. Diplomats are so focused 

on the fact that Vietnam is "not China" that this oppressive police state is granted trade and 

security benefits without condition. There is a silent human rights crisis going on in Vietnam 

that must be addressed. 
5


25559d-2.eps

H1m1an rights should be a top talking point when President Tnunp's meets next week 

with Vietnam's Prime Minister Nguyen Xuan Phuc. Doing so will advance U.S. economic 

and security interests and it will be warmly welcomed by the Vietnamese people. 

The President has a real opporturtity to bring about tangible reforms in Vietnam if he 

links better U.S.-Vietnam relations to tangible hmnan rights improvements. 

I have been to Vietnam. I have met with its rights advocates and yom1g activists for 

decades now, like imprisoned rights activist Nguyen Van Dai. I know there is a younger 

generation in Vietnan1-66% of Vietnam is tmder the age of 40-that looks to the U.S. as a 

land of opportm1ity and freedom. They want the same liberties enjoyed by their relatives in 

California, Texas, Virginia, Louisiana and so many other places were former Vietnamese 

refugees have flourished. 

The Vietnamese people want the U.S. to be a voice for freedom-because their voice is 

silenced. 

No government that represses its own people or restricts ftmdamental freedoms can be a 

trusted ally of the Urtited States. No govermnent that censors the Intemet, tortures and jails 

dissidents and crushes civil society should be given generous trade or security benefits without 

conditions. 

The President will face pressure rrom his advisors and the business community to look 

at Vietnam through the lens of trade deals and the containment of China. Hopefully, he will 

be able to see the situation more clearly than past Administrations. 

Failing to press for real and concrete hmnan rights improvements underestimates U.S. 

leverage and will disappoint the young generation in Vietnam who are that country's dynamic 

future. 

It should be clear by now that Vietnam needs the U.S. markets and security 

commitments much more than the U.S. needs Vietnam's markets and security cooperation. 

If history is any guide, the President's championing of individual rights will meet with 

some success. If his interest in human rights is sustained, those successes could be tangible 

and far-reaching. 

The Vietnamese govennnent has responded to concems expressed by the last two 

Administrations when they linked human rights improvements to better U.S.-Vietnam 

relations. Whether to gain entry into the World Trade Organization (WTO), the Trans-Pacific 

Partnership (TPP) or to address U.S. concems over religious freedom abuses, the Vietnamese 

govemment took steps toward reform when pressed by past American Presidents. 

It is when the U.S. loses interest in human rights that conditions regress. 
6


25559d-3.eps

The Communist leaders in Hanoi take our trade benefits and security commitments and 

continue repressing those seeking political reform and universal freedoms. 

The business of the Communist Party is staying in power and repressing those they 

believe will challenge their power. They will not embrace human rights improvements or the 

rule oflaw unless it is a firm condition of better relations with the U.S. 

I am circulating a letter for the signatures of other of Members of Congress detailing the 

strategic opportunities available for the United States and the Vietnamese people if the 

President pursues a robust human rights agenda. 

The letter urges the President to pursue Internet freedom, religious freedom, 

independent labor unions, and the release of prisoners of conscience -as a condition of U.S. 

assistance. 

These fundamental freedoms are directly related to U.S. interests in a better business 

climate, less cormption, investor confidence, expansion of economic freedom, and civil 

society development. 

I also wrote today to Secretary Rex Tillerson to urge more robust human rights 

diplomacy in Vietnam, particularly on the issue of religious freedom. 

I urged the Secretary to use the authorities given him by the Frank Wolf International 

Religious Freedom Act and the Global Magnitsky Act, legislation I introduced, that was 

passed into law last year to hold individual govemment officials accountable for human rights 

abuses and restrictions on religious freedom. 

The U.S. Commission on lntemational Religious Freedom (USClRF) recommended 

that Vietnan1 be designated as a "Country of Particular Concem" for severe and egregious 

religious freedom restrictions. That report provides compelling evidence of egregious and 

ongoing religious freedom violations in Vietnam. 

The President should follow USClRF's recommendation and immediately designate 

Vieh1a111 as a CPC for its religious freedom violations. This designation carries with it 

potential sanctions and visa denials for Vietna1nese govemment officials complicit in religious 

freedom abuses. 

No Vietna1nese government official who tortures political dissidents or restrictions the 

activities of religious connnunities should profit from access to the U.S. or our fina11cial 

system. 

Let me say that the violence and intimidation faced by Hmong and Montagard 

Christians, by Khmer Krom Buddhists, by the independent Hoa Hao a11d Cao Dai groups is 
7


25559d-4.eps

outrageous. The torture faced by Ms. Tran Thi Hong is shocking. She was on her way to meet 

religious freedom Ambassador David Saperstein to advocate for the release of her husband 

Pastor Nguyen Cong Chinh. 

If there are religious prisoners, if forced remmciations of faith are happening, if 

pagodas and churches and places of worship are forcibly closed-how does Vietnam not meet 

the criteria for CPC? We know it does. Politics should not play a part in designations. 

I will be working closely with the State Department to make sure international religious 

freedom is a diplomatic priority. This fi.mdamental freedom is not merely a humanitarian 

issue with little strategic value-it is critical to our security and prosperity. 

Research shows that countries that embrace and protect religious rreedom are more 

economically successful, protect women's rights, and experience less terrorism and political 

instability. There is not a single com1try that respects religious freedom that poses a security 

threat to the U.S. In fact, just the opposite is true-countries who are the worst violators of 

religious freedom are often those who seek to do Americans the most harm and seek to tear 

down democratic values and institutions. 

These facts alone should give us pause in expanding relations with Vietnam. 

President Trmnp should not prop up Vietnam's Conm1unist old guard because they are 

not Vietnam's future. That future lies with Nguyen Van Dai and the many bloggers and 

advocates of political reform and human rights who seek our freedoms more than our trade. 

U.S. policy must send the unmistakable message to the Government of Vietnam that 

human rights improvements are fundan1ental to better relations, critically linked to our mutual 

economic and security interests, and will not be ignored or bargained away. 
8

Ms. BASS. Well, once again, thank you, Mr. Chair, for your leadership in general on human rights but especially on human rights 

in regard to Vietnam. 

I think this is going to be an important hearing today. I want 

to thank the witnesses for taking the time to come and provide testimony and I know on all of our parts pushing for human rights 

and democracy around the world is really critical and one of the 

reasons why we are concerned about the level of cuts and reductions to the State Department. So appreciate you for taking your 

time out today. 

Mr. SMITH. I want to thank Ranking Member Bass. Thank you 

so very much. 

I would like to yield to the distinguished chairman of the full 

committee, Congressman Ed Royce. 

Mr. ROYCE. Well, thank you, Chairman Smith, and thanks for 

calling this important hearing today. 

As we all recall, we had a similar hearing—I think it was 1 year 

ago—and I wish there were no need to revisit these critical issues. 

But, unfortunately, Vietnam’s one-party Communist state continues to oppress its citizens and deny them fundamental human 

rights and this is why we are here today. We do have a growing 

relationship with Vietnam, particularly in the security and trade 

areas. 

But for us, as Americans, human rights are a core value and we 

cannot segregate them from our ongoing engagement with that government. And I am grateful to our witnesses for participating in 

this hearing. 

It’s good to see many of them again here—some old friends here. 

They will detail for us the many cases of violence and intimidation 

directed by the state toward religious people of many faiths in Vietnam. 

In addition to those crimes, and there is no other word for it than 

crimes, the state’s effort to control every aspect of religious practice 

is a continuous violation of human rights, one with no end in sight, 

and for those who don’t understand exactly what I am saying, 

when the state tears up the historic Buddhist texts and replaces 

it, that’s what we are talking about. 

The Vietnamese Prime Minister arrives next week to meet here 

with President Trump, and alongside everything else that’s discussed, the United States must call for the Government of Vietnam 

to respect its people’s fundamental freedoms and among those none 

could be more important or more personal than the right to freedom of religion. 

Yet, in Vietnam the state continues to intimidate and harass citizens for nothing more than attempting to practice their faith, their 

religion freely and openly. 

Almost two decades ago I met with the Venerable Thich Quang 

Do, now the supreme patriarch of the Unified Buddhist Church of 

Vietnam. Well, frankly, he was in the same position then and he 

was under house arrest then, 2 decades ago. And, sadly, for all 

those years, he’s been under arrest, still persecuted by that Communist government. And Thich Quang Do is not alone, the chairman mentioned Pastor Nguyen Cong Chinh. 

9

I’ve seen the photographs of the results of the beatings that he 

has taken at the hands of the police and the security apparatus. 

We have heard the pleas from his wife and we saw the treatment 

meted out to her. 

So for 5 years now he has remained behind bars on the questionable charges of undermining national security. What we call for 

today and what I urge the administration to call for in its meeting 

with the Prime Minister is respect for religious freedom. 

The Vietnamese Constitution provides for it. One must ask, then, 

why officials can obstruct and interfere with this constitutionally 

guaranteed right to worship freely. We must ask further that if 

this constitutional right can be ignored, what weight can we give 

any other constitutional or legal rights in Vietnam? 

I am pleased that the U.S.-Vietnam relations are warming and 

I hope for a stronger and more productive relationship between our 

countries. 

However, continued cooperation and improvements in our relationship must be predicated on a mutual respect for human rights 

and for the rule of law. It is who we are. It is what I hope they 

are. But it is up to them in that government to show it, to show 

respect for their constitution with respect to these rights. 

So, Mr. Chairman, thank you again for bringing attention to this 

important issue and I, again, thank the witnesses. 

I yield back. 

Mr. SMITH. I want to thank the distinguished chairman for his 

tenacious promotion of human rights in Vietnam. You have made 

sure the full committee keeps a very sharp focus on this and I want 

to thank you for your great leadership. 

I would like to now yield to Mr. Lowenthal. 

Mr. LOWENTHAL. Thank you, Mr. Chairman. Thank you for allowing me to join with you today. I am very much appreciative. I 

am very pleased to be here and also to share with you, as one of 

the co-chairs on the Congressional Caucus on Vietnam. 

As you pointed out, first of all, we are holding this—and I applaud your leadership, because this is a very timely hearing—in 

advance of Prime Minister Nguyen’s visit to the White House next 

week to meet with President Trump. 

As we all know, the situation of human rights in Vietnam is dire. 

During my time in Congress, although there have been small selective attempts to improve the human rights condition at times, we 

have also seen tremendous backsliding and, I would say right now 

as was pointed out by my colleagues, I have not really seen any 

true improvement on the way the Vietnamese Government deals 

with its and treats its own citizens. 

On religious freedom, as was pointed out, the government’s 

record is especially troubling. I adopted the case, and I think both 

my colleagues have pointed out the case—I have adopted the case 

of Pastor Nguyen Cong Chinh, a Lutheran pastor imprisoned since 

2012. 

I adopted his case as a prisoner of conscience through the Tom 

Lantos Human Rights Commission. 

But what have we seen? We have seen Pastor Chinh face tremendous mistreatment in prison while his wife, Tran Thi Hong, 

was detained, beaten by security forces last year after she met with 

10

the visiting U.S. Ambassador-at-Large for International Religious 

Freedom. 

I was also offended when the Vietnamese Government, after multiple letters from myself, from the chairman and also Chairman 

Royce and other Members of Congress, when the government proceeded to demolish the Lien Tri Temple in Saigon, a place of worship, an important religious center, that we raised this issue even 

after multiple entreaties from ourselves to really respect the rights 

of the temple. That did not occur. 

Mr. Chairman, I also ask for unanimous consent to insert two 

letters to the Vietnamese Ambassador urging him to intervene to 

stop the demolition of the Lien Tri Temple to which we have received no response at all. 

Thank you and I will reserve the rest of my time for questions. 

Mr. SMITH. Mr. Lowenthal, thank you very much and without objection your request will be in order. 

Mr. LOWENTHAL. Thank you. 

Mr. SMITH. I would like to now introduce our very distinguished 

witnesses for today, beginning with Dr. Nguyen Dinh Thang, and 

many who came to the United States as a refugee from Vietnam 

in 1979. 

After earning his Ph.D., he began volunteering with Boat People 

SOS in 1988 and became the head of Boat People SOS for the past 

25 years. 

And I would just say, on a very personal note, in the mid-1990s 

when I assumed the chairmanship when the Republicans took control in 1994, one of the first people I met with was Dr. Thang, and 

Joseph Rees, who was then my staff director for the subcommittee, 

worked very closely with him and we held a long series of hearings 

starting off with trying to ensure that the refugees that were in 

High Island and I went and visited High Island in Hong Kong 

where boat people were falsely screened out as nonrefugees. 

They didn’t have any well-founded fear of persecution and under 

a very coercive process about 40,000 were told as the Comprehensive Plan of Action was ended that they are not going to come to 

the United States. We held four hearings on that alone and Dr. 

Thang was a true inspiration to this subcommittee and to me personally on how there was a false narrative that people could go 

back and there would be no retribution, even though they had 

spent time in High Island and other camps dotting that area of the 

world. 

I will never forget we were told they were repatriation monitors 

and it turned out there were seven of them so I held a hearing on 

it, and they told me that when they met with people who were coercively sent back against all of the norms of refugee protection 

that they were retaliated against and they were visited by the repatriation monitors. 

The person in tow with them was from the secret police. So open 

are you going to be when you have a thug sitting right next to you? 

Dr. Thang helped us put together an amendment to deny any 

U.S. assistance for forcible repatriation. I offered that amendment 

of the floor. It passed overwhelmingly in bipartisan fashion and 

from that came the ROVR program and more than 20,000 people 

then got rescreened and were included and came as refugees to the 

11

United States, one example of many of Dr. Thang’s leadership and 

I want to thank him or that. 

We will then have the testimony of Dr. Quan Nguyen, who is 

with Rallying for Democracy in Vietnam. Dr. Quan went to medical 

school in Saigon, served in the South Vietnamese Army with the 

rank of Captain in the medical corps. 

When South Vietnam fell into the hands of the Communists in 

1975, he escaped by boat and became a refugee in the United 

States. 

In addition to his medical practice in Virginia, Dr. Quan has 

been actively involved in advocating freedom, democracy, and 

human rights in Vietnam, and again, he too has done it for over 

a quarter of a century. 

He is the brother of Dr. Nguyen Dan Que, a man that I met in 

Saigon on one of my many trips there—a courageous campaigner 

of human rights. He is in Saigon and he has been imprisoned numerous times and is still serving a type of house arrest as we meet 

here today. 

Dr. Quan has campaigned continuously with the United States 

Congress. He’s worked very closely with the AFL-CIO to pressure 

the Vietnamese Government to improve human rights. 

Then we will hear from an old friend of this subcommittee, Mr. 

T. Kumar of Amnesty International. He’s the advocacy director for 

Asia, Europe, and the United Nations. 

He has testified before the U.S. Congress on numerous occasions 

to discuss human rights abuses. He has served as a human rights 

monitor in many Asian countries as well as in Bosnia, Afghanistan, 

Guatemala, Sudan, and South Africa. He also served as direct of 

several refugee ships and camps. T. Kumar has been a political 

prisoner himself, having served over 5 years in Sri Lanka for his 

peaceful human rights activities. 

Amnesty International adopted him as a prisoner of conscience. 

He started his legal studies in prison and eventually became an attorney and devoted his entire practice to defending political prisoners. 

We are joined by Mr. Garrett from Virginia, if you’d like to make 

any comments. 

I would like to now go to Dr. Thang. 

STATEMENT OF NGUYEN DINH THANG, PH.D., PRESIDENT AND 

CHIEF EXECUTIVE OFFICER, BOAT PEOPLE SOS 

Mr. THANG. Mr. Chairman and distinguished members of the 

committee, around this time last year some optimistic ones out 

here have had some cautious hope and expectation that with a new 

leadership coming in to play in Vietnam there would be a better 

day for the country and her people. 

Instead, over the past 12 months, we have observed a crackdown 

against independent religious communities intensify significantly. 

We have documented close to 100 religious prisoners at this time, 

with over 60 percent of them being Montagnard Christians in the 

Central Highlands. Less than a month ago, Pastor A Dao, whom 

I know personally, of the Montagnard Evangelical Church of Christ 

in Kontum Province, was sentenced to 5 years in prison on bogus 

charges. 

12

Following his arrest the authorities in five provinces mounted a 

very well-coordinated effort to force members of his church to renounce their faith. So far, they have succeeded because out of the 

1,500 regional members of the church, 1,000 have signed a statement to abandon the church, to leave the church. 

The following chart illustrates the gravity of religious persecution in the Central Highlands over the past few years. In green are 

forced conversion—incidents of forced conversion in three provinces 

across a number of years. 

In yellow are incidents that involve torture. In red are incidents 

of death caused by torture and in blue are prison sentences in each 

of those years. 

So, clearly, persecution against independent churches in Vietnam 

has not subsided and the government frequently uses torture as its 

tool for religious repression. Perhaps best known to the State Department and Members from Congress is the case of Ms. Tran Thi 

Hong, and Chairman Royce and Congressman Lowenthal have 

mentioned that case. 

But let me add one thing here. There is a picture of Ms. Hong 

after the first working session with the public security. She was 

beaten up, tortured. She couldn’t walk at all, and her neighbors 

had to drag her into her home. 

Fortunately, the torture after almost 2 months stopped only because Ambassador-at-Large Saperstein made a phone call himself 

to the Vietnamese Embassy expressing great concern and also because six U.N. human rights experts jointly and publicly denounced 

the violation of human rights against Ms. Hong. 

We have received many reports of death by torture. As an example, Pastor Ksor Xiem of the Dega Church Gia Lai Province was 

arrested on Christmas Eve of 2015 so that he could not hold Mass 

for his followers. His captors tortured him brutally as he refused 

to renounce his faith and disband his church. He was left to go 

home but he died 15 days later. 

Around Christmastime last year, Y Ku Knul, a member of the 

Montagnard House Church in Dak Lak Province, was abducted 

while working the field. Two days later, his wife found his body 

hanged on a tree and all covered with bruises, and this is his body 

before burial. The public security had demanded him, the victim, 

to deliver his own younger son, 21 years old at the time, who was 

doing missionary work in Cambodia, to the public security police 

and he refused, and the surviving wife believed that his death was 

a result of that. And now his son is seeking asylum in Thailand. 

Most tragic was the death, perhaps in police custody earlier this 

month, of Nguyen Huu Tan, 38 years old. He came from a very respected Hoa Hao Buddhist family. His father is a Buddhist monk 

with the UBCV. 

That is Unified Buddhist Church of Vietnam, which has been 

outlawed by the Government of Vietnam for the past 42 years. On 

May 2nd—that is about 3 weeks ago—some 80 public security 

agents searched his home—Tan’s home—without a search warrant. 

They collected receipts of money transfer from the U.S. and a small 

piece of yellow cloth. 

13

Based on that, the public security charged that Tan had received 

money from reactionary forces abroad to work on a plan to fly the 

South Vietnamese flag in public someday. 

Actually, the receipts came from the monthly remittance sent by 

Tan’s oldest sister from Savannah, Georgia, and the yellow cloth is 

the lining of a gift box also from the same sister. 

Tan was taken away at 2:00 a.m. At 7:00 a.m., his family was 

told to report to the provincial department of public security of 

Vinh Long Province. Hours later, Tan’s wife and father were 

brought inside to see his body. 

His throat was thoroughly slit. The authorities said that Tan had 

cut his own throat with a letter opener only this long. And here is 

Tan. I apologize for the gruesome picture. His family did not believe in that story and demanded an autopsy by an independent 

professional and proper investigation. The authorities now are 

threatening to arrest the two brothers of Tan unless the family 

drops its demand. 

Tan’s older sister, the one who sent money home to Tan over the 

years, is Ms. Nguyen Thi My-Phuong. She and her husband arrived 

in town from Savannah yesterday to be at this hearing. So I would 

like to acknowledge their presence here. This is Ms. My-Phuong, 

flying in from Savannah. 

Expropriation of properties is another form of persecution often 

used by the government to cripple independent religious organizations. 

Of the thousands of facilities belonging the Hoa Hao Buddhist 

Church before 1975 only one temple remains to this day, the 

Quang Minh Tu Temple in An Giang Province, and the government 

is determined to take it. The independent Cao Dai groups now control only 5 percent of its 532 pre-1975 religious facilities and the 

government is targeting the remaining facilities one by one. 

Similarly, about 90 percent of all pagodas belonging to the 

United Buddhist Church of Vietnam have been expropriated and 

turned over to the government-created Vietnam Buddhist Sangha. 

The government demolished the Lien Tri Pagoda last year and 

is targeting half a dozen other pagodas in Danang City, Ba RiaVung Tau, and Dong Nai Provinces. Entire Catholic parishes have 

been targeted as well. Located near the now infamous Formosa 

Steel Plant in Ha Tinh Province, the century-old Catholic parish of 

Dong Yen is facing extinction. 

On March 17, 2015, one of the districts of Ha Tinh Province sent 

in the police to seize land, destroy homes, and bring down religious 

facilities. 

They beat up parishioners, causing injuries to many, including 

one pregnant woman and a Catholic nun. The government then 

barred 153 children of the parish from going to school for more 

than 2 years as punishment. 

Of the 1,000 original families in the parish, 158 continue to fight 

to preserve their church and their community. And this subcommittee has held many hearings on the Catholic parish of Con 

Dau in Danang City. In May 2010, the police assaulted mourners 

attending the funeral of a 93-year-old parishioner. Over 100 parishioners were injured, 62 arrested and tortured for days or weeks, 

14

and some of those victims have testified before this subcommittee, 

six sentenced to prison terms. 

One parishioner who initially escaped capture was caught and 

beaten to death. The government then handed 110 acres they had 

took from Cao Dau Parish to Sun Group, a private developer, to 

sell to individual investors for a total price estimated at 1.2 billion 

U.S. dollars. 

Ironically, Danang City were host of this year’s APEC Summit, 

which President Trump will attend in November, and key summit 

activities will be held at a five-star resort in Danang City owned 

by none other than Sun Group. 

This would give the appearance that the U.S. Government tolerates religious persecution, land grabbing, and the use of torture. As 

he welcomes Vietnamese Prime Minister Nguyen Xuan Phuc to the 

White House next week, President Trump should insist that APEC 

Summit be moved to another location and its venue not be at any 

facility owned by Sun Group. 

I further recommend that in its enforcement of the Global 

Magnitsky Human Rights Accountability Act and the Frank Wolf 

International Religious Freedom Act, our State Department should 

investigate information that we have provided to them on close to 

100 religious prisoners and close to 200 government officials implicated in gross violations of human rights. 

Finally, I’d like to propose and recommend that concerned Members of Congress establish an ongoing communication mechanism 

to raise concern directly with the Vietnamese Government on reported gross violations of human rights as they arise. 

While hearings like this are very important, they shed light on 

the most recent and most egregious violations, there is a need for 

an ongoing mechanism that offers the same level of attention to reported violations between hearings. 

Thank you. 

[The prepared statement of Mr. Thang follows:]

15


25559b-1.eps

Vietnam: 

Dr. Nguyen Dinh Thang 

CEO & President, Boat People 505 

Email: bpsos@bpsos.org 

Statement at Hearing on 

Freedom and Human 

U.S. National Interests 

are Critical to 

Before the Subcommittee on Africa, Global Health, Global Human Rights and International 

Organizations, House Committee on Foreign Affairs 

May 25,2017 

Mr. Chairman and distinguished Committee members, 

Vietnam's new leadership in the Communist Party and in government has finally shown its true 

and brutal nature. Over the past twelve months we have observed a major backsliding in the 

overall human rights conditions in Vietnam. Of particular concern to us is the worsening 

situation of independent religious communities and the government's increasing use of torture 

and land expropriation to target such communities. 

I would like to start with the case of Pastor Nguyen Cong Chinh and his wife, Mrs. Tran Thi 

Hong. Pastor Chinh was sentenced to 11-years in prison for his pastoral services to Montagnard 

Christians in the Central Highlands. In prison, he was subjected to different forms of torture, 

including solitary confinement, beatings, and denial of medical treatment. Prison guards even 

mixed pieces of broken glass and fragments of lead wire in his daily food rations. 

His wife, Mrs. Hong, has to take care of the couple's four children and an adopted son. A very 

petite and frail woman, every month she treks 500 km each way to visit Pastor Chinh in prison. 

Still she never missed an opportunity to advocate for her husband's freedom. On March 30 last 

year, she met with then-Ambassador-At-Large David Saperstein during his visit to the Central 

Highlands; she asked for urgent intervention as her husband's health rapidly deteriorated. 

Fifteen days later she was taken in for interrogation by the public security. They wanted to 

know what she had told the U.S. Ambassador-At-Large. As she refused to satisfy their demand, 

they tortured her. The police later dumped her in front of her home. She was unable to walk 

and had to be carried into her house by neighbors. She suffered injuries to her head, knees, 

legs, hands, and feet. She experiences pain and difficulty moving her arms. Here is a picture of 

Mrs. Hong after the interrogation. 

The interrogation session went on, almost every day for a month and a half, except for a week's 

interruption around President Obama's state visit to Vietnam. It miraculously stopped in early 

June after Ambassador At Large Saperstein called the Vietnamese embassy in the U.S. and the 

UN Special Rapporteurs on FORB and on Torture issued a stern public statement. 
16


25559b-2.eps

The persecution aimed at Pastor Chinh and Mrs. Hong is not the random act of renegade public 

security agents. It reflects the consistent policy of the leadership ofthe Communist Party and 

the central government: to eradicate all independent Christian house churches in the Central 

Highlands. In July 2002, the Communist Party created the Central Highlands Steering 

Committee to oversee the implementation of this policy. In 2004, the Ministry of Public 

Security established its Central Highlands Security Bureau (PA90) to execute the plans set by 

the said Steering Committee. The Ordinance on Belief and Religion of 2004 did not change that 

policy. That only thing that changed was the tactics used by the government of Vietnam in 

order to get off the CPC list. 

On February 27,2015, the website of General Tran Dai Quang, then Minister of Public Security, 

published an article extolling the exploits of the public security forces in the Central Highlands: " ... When 

I arrived in the Central Highlands, our task of rescuing the people from the evil HaMan cult was 

accomplished only recently. The Security Team of the Police Force of the Town of Kontum performed 

deeds that were representative of the indefatigable efforts of security forces throughout the Central 

Highlands in our fight against reactionary enemy forces disguised as ethnic religious groups ... Unlike the 

clear front line facing the regular police when it fights crimes related to drugs, financial misdeeds, and 

typical crimes, the security front is not clearly delineated. It is not easy to tell who our enemies are ... " 

General Quang is now Vietnam's President. 

Over the past three and a half years we have systematically documented incidents of torture, 

forced renouncement of faith, arrest and imprisonment and extrajudicial killings targeting 

ethnic Christians in the Central Highlands. According to our latest information, there are 

currently at least 53 Montag nard Christians in prison because of their faith. We have also 

documented 94 incidents afforced renouncement of faith, 11 incidents of torture, and 3 cases 

of extrajudicial killing. In 2016 and the first five months of this year, there have been 9 new 

prison sentences. The most recent one involves Pastor A Dao of the Montagnard Evangelical 

Church of Christ in Kontum Province. He was arrested soon after returning from the Conference 

on FORB in Southeast Asia, which BPSOS co-organized, in Dili, East Timor last August. On April 

28, he was sentenced to 5 years in prison on the fabricated charge of aiding Montagnards to 

illegally flee Vietnam. During the eight months pre-trial detention, his interrogators cruelly 

tortured him as he rejected their false allegations. After his arrest, public security agents in the 

provinces of Oak Nang, Dak Lak, Gia Lai, Kontum and Quang Ngai threatened and detained 

many members of his church, forcing them to renounce their faith. Facing threats of 

imprisonment and torture, two thirds of this church's 1,500 members have reluctantly joined 

government-controlled Mennonite and Baptist churches. The Montagnard Evangelical Church 

of Christ has practically been eliminated in Quang Ngai and Kontum Provinces. 

We have also documented at least 2 cases of extrajudicial killings of Montagnard Christians. 

Pastor Ksor Xiem of the Dega Church in Gia Lai Province was taken to the police station on 

Christmas eve of 2015. He refused to recant his faith and got brutally beaten by his 

interrogators; 15 days later he died of fatal injuries caused by torture. The public security then 

proceeded to force Pastor Xiem's assistant, Preacher Ksor Phuong, to disband the Dega Church. 
17


25559b-3.eps

Two days after last year's Christmas, Y Ku Knul, member of a Montagnard house church that 

belongs to Christian and Missionary Alliance (CMA) in Oak Lak Province, did not return home 

after his regular farming work. Two days later his wife found his body hung on a tree. There 

were bruises on his chest and marks on his lower body and legs similar to those left by police 

electric batons. The public security prohibited his family from seeking autopsy by an 

independent medical professional. The public security had targeted his family since 2014, when 

the victim's youngest son, 21 years old, started doing missionary work in Cambodia. On 

December 4-7 of last year, this young man participated in a training seminar on freedom of 

religion or belief and human rights in general, which BPS OS organized in Bangkok, Thailand with 

the support of international human rights organizations such as Amnesty International, 

Christian Solidarity Worldwide, International Committee of Jurists, FORUM-ASIA, etc. He is now 

seeking asylum in Thailand. 

As you may remember, Mr. Chairman, these two cases are reminiscent of the case of Deacon 

Hoang Van Ngai, a Hmong Christian in Oak Nong Province in the Central Highlands. In March 

2013 he was beaten to death in police custody, but the police informed his families that he 

committed suicide by electrocution- he reportedly inserted his finger into an electric outlet. 

The problem was, there was no electric outlet in the cell where he was held. In April2014, his 

cousin, Hoang Van Sung, in Cao Bang Province was taken to the police for being behind a 

petition demanding investigation into Ngai's death. Ten days later Sung's corpse was delivered 

to his family in a coffin. The police ordered his family not to open his coffin and stood watch 

until it was buried. They threatened all members of these two victims' extended family that 

they would suffer the same fate if they ever speak about the victims' death in police custody. 

This brings us to the recent case of a young Hoa Hao Buddhist who died earlier this month in 

the custody of the public security of Vinh Long Province. On May 2, Nguyen Huu Tan was 

abducted by the police and taken to the Provincial Public Security Department. That evening, 

some 70-80 public security agents escorted him home to search his home, without a search 

warrant. They found receipts of money transfer from the U.S. and a small piece of yellow cloth. 

The public security accused him of receiving money from reactionary forces in the U.S. and 

planning to display the flag of the defunct Republic of Vietnam (aka South Vietnam) and took 

him away without arrest warrant. It was 2:00am on May 3. At 7am the police called Tan's 

family members to the detention center of the provincial public security department. At 

around 11am they saw people carrying a coffin walking in. Shortly thereafter, Tan's father and 

wife were taken inside the detention center and shown the corpse of Tan- his throat was 

thoroughly slit. The public security authorities explained that Tan had committed suicide with a 

letter opener, at 11:03am. If that story were to be believed, then the Vietnamese authorities 

must have displayed uncanny prescience: They had already ordered the coffin before Tan's 

suicide. Very much like the case of Hoang Van Sung, Tan's body was delivered to his home in a 

coffin. His family's request for an independent autopsy was denied. The family was told to 

immediately bury the victim and not to invite any neighbors or relatives to the funeral. The 

Vietnamese authorities now threaten to arrest two surviving brothers of Tan unless Tan's family 

drops their demand for investigation. 
18


25559b-4.eps

According to Tan's surviving wife, the piece of yellow cloth found by the public security was 

actually the lining of a gift box; the receipts that they found were for remittance sent to the 

family by Tan's older sister who lives in Savannah, Georgia. This sister is here, in the audience. 

Accompanied by her husband, Mrs. Nguyen Thi My-Phuong arrived last night to be at this 

hearing. I would like to acknowledge her presence. 

The use of torture remains rampant in Vietnam despite the UN Convention Against Torture in 

2013, which Vietnam signed in 2013. 

The other form of persecution against religious and indigenous communities often used by the 

Vietnamese authorities is expropriation of their lands, temples, churches and other real 

properties. The Vietnamese government has expropriated 95% of the over 532 original religious 

properties of the Cao Dai Religion. The government continues to expropriate the few remaining 

facilities such as Tuy An Temple in Phu Yen Province in April2015, An Ninh Tay Temple in Long 

An Province in March 2016, and Phu Thanh A Temple also in Long An Province in March of this 

year. 

Similarly, 90% of all pagodas belonging to Unified Buddhist Church have been expropriated; last 

year the government demolished Lien Tri Pagoda near Saigon and is threatening to take over 

Phuoc Buu Pagoda, Ph at Quang Pagoda, Phap Bien Pagoda in Ba Ria-Vung Tau; Ba La Mat 

Pagoda and Long Tho Pagoda in Dong Nai; An Cu Pagoda in Danang City. 

Of the thousands of facilities belonging to the Hoa Hao Buddhist Church, only one temple 

remains: The Quang Minh Tu Temple in An Giang Province- it has been under attack by the 

police for years. Its clergy members served long-term prison sentences. Their followers have 

been blocked from attending important religious ceremonies. 

Entire Catholic parishes have been targeted. Last week, Thong Nguyen, a young Catholic activist 

from the Diocese ofVinh, presented to Mr. Chairman the situation of Dong Yen Parish, an allCatholic fishing community. In 2011 the government of Ky Anh District in Ha Tinh Province 

ordered the relocation of all parishioners to make way for the Formosa Steel Plant. Oft he 

original4,000 parishioners, 800 have refused to move; they are determined to fight for the 

preservation of their century-old parish. On March 17, 2015, the government sent in its mobile 

police to seize land, destroy homes, and bring down religious edifices, turning a once thriving 

community into a desolate sight. As the demolition team cordoned off the Dong Yen church for 

destruction, female parishioners used themselves as human shields to protect the most 

important symbol of their community and faith. The police brutally attacked them causing 

injuries to several parishioners, including four women- one of them being pregnant- and a 

Catholic nun. As punishment, 153 children were barred from education for more than two 

years. 

As you remember, Mr. Chairman, your Sub-Committee has held many hearings on the case of 

Con Dau Parish in Danang City. Seven years ago, the government of Danang City sent in 

hundreds of anti-riot police officers to brutally break up the funeral of a 93-year old 

parishioner, steal the casket and beat up the mourners. More than 100 parishioners were 
19


25559b-5.eps

injured, including children, pregnant women and the elderly. Sixty-two parishioners were 

arrested and brought to the police station, where they were all subjected to torture, some for 

two weeks. Six of them were later sentenced to prison terms. One parishioner who escaped 

arrest was later caught and tortured to death. Over 130 parishioners fled to Thailand and 

Malaysia to seek refugee protection. 

The Danang City government has since handed the 110 acres of land that belonged to Con Dau 

Parish to Sun Group Corporation. This private developer divides up the 142-years old Con Dau 

Parish into small lots to sell to individual investors for a total worth estimated at 1.2 billion US 

dollars. Among the victims of this massive land expropriation are many U.S. citizens who 

inherited real properties in Con Dau from their parents. Of the original400 families, 93 are still 

fighting for their parish. 

Ironically, the 2017 APEC Summit will be hosted later this year by the government of Danang 

City, known to have blood on its hands. The Chair of Danang City People's Committee, who in 

his former capacity of Director of Department of Planning and Investment delivered Con Dau 

Parish to Sun Group, would most likely be the one welcoming President Trump at the Summit's 

opening ceremony. Sun Group Corporation is priding itself, through public ads, that its 

InterContinental Peninsula Sun Danang Resort has been selected as the main venue for summit 

activities. 

In view of President Trump's meeting with Vietnam's Prime Minister Nguyen Xu an Phuc at the 

White House next week and attendance of the APEC Summit in Vietnam later this year, I offer 

the following recommendations: 

(1) At the meeting with the Prime Minister of Vietnam, our President should deliver a very 

strong and clear message that expansion of trade and other areas of cooperation with 

the U.S. is contingent upon Vietnam's commitment to: 

a. End its use of torture against members of independent religious communities, 

dissidents, bloggers, journalists and human rights advocates; 

b. Cease all attempts to force people of faith to renounce their faith or abandon 

their religious affiliation; and 

c. Move the APEC Summit away from Danang City and summit activities away from 

any facility owned or operated by Sun Group. 

(2) Our State Department should: 

a. Verify the list of religious prisoners that I am providing to this Sub-Committee 

and report their conditions to Congress; 

b. Investigate close to 200 Vietnamese government officials implicated in gross 

violations of human rights that we have documented in over 100 incident 

reports submitted to UN Special Procedures; and 

c. Place those found to be responsible for such gross violations on the sanctions list 

under the Global Magnitsky Human Rights Accountability Act and/or on the 

Designated Persons List under the Frank Wolf International Religious Freedom 

Act. 
20


25559b-6.eps

(3) Concerned members of the U.S. Congress should select a number of typical persecution 

cases to test the Vietnamese government's good faith in complying with international 

human rights treaties that it has signed, including the UN Convention Against Torture 

and the International Covenant on Civil and Political Rights. The Vietnamese 

government should demonstrate such compliance by investigating all reported incidents 

and prosecuting government officials who violate the basic human rights of others. 

Photos: 

Mrs. Tran Thi Hong after the interrogation 

session on April14, 2016 

Hoang Van Ngai's death in police custody, Dak 

Nang Province, March 17,2013 

Y Ku Knul, member of Montagnard house 

church in Dak Nang, December 29, 2016 

Nguyen Huu Tan's death in police custody, Vinh 

Long Province, May 3, 2017 
21


25559b-7.eps

2013 2014 2015 

Fore1ll:l Conver'>ion 

brture & f(>feed t<l«vl!!ffi<m 

2016 

1111 Vl£~~1mdl~d 

l>rl~!m S&ntl!f!re 

2017 
22

Mr. SMITH. Dr. Thang, thank you very much for your testimony 

and recommendations. 

We have a substitute for Dr. Quan. I just have to—under orders 

of his cardiologist Dr. Quan was told he—it would be better not to 

be here just because of that. 

But we do have Mr. Dave Nguyen, who has also been very active 

in the human rights fight who will read Dr. Quan’s testimony. 

STATEMENT OF QUAN Q. NGUYEN, M.D., CHAIRMAN, RALLYING 

FOR DEMOCRACY 

Mr. NGUYEN. Thank you. Honorable Chairman Chris Smith and 

distinguished members of the subcommittee, I’m here to read a letter on behalf of Dr. Quan Nguyen, the chairman of Rallying for Democracy in Vietnam. 

The letter: Forty-two years ago when the Communist forces 

began to occupy South Vietnam, I left my country on a small boat 

and escaped to America. 

I have been lucky to be able to rebuild my life here and it’s truly 

an honor to testify before the distinguished subcommittee about the 

long struggles of Vietnamese people. 

Thank you for holding this hearing, allow me to share some important issues that I believe should be brought to light. 

As we all know, Vietnam is a one-party system where there is 

no separation of administrative, judiciary, and legislative branches. 

The situation in Vietnam is ripe for transformation. The people in 

Vietnam deserve support for their quest for freedom and democracy 

from the international community, particularly the United States. 

In that spirit, I would like to draw attention to the important 

issue of religious freedom. To the Government of Vietnam, religion 

is opium and the Hanoi government’s policy has always been to repress religious freedom. 

There is an unfortunate misconception from the West that the 

mere existence of churches and temples in Vietnam implies that 

there is freedom of religion. That is far from the truth. Per the latest report on the U.S. Commission on International Religious Freedom, religious freedom in Vietnam has deteriorated significantly. 

The Vietnamese Communists used Decree 92 issued in August 

2012 to strictly control all religions in Vietnam. All churches need 

to be registered and accepted by the government. 

The registration procedure allows the government to refuse application of a church considered to be nonfriendly to the government. 

For years now the Communist government has refused to recognize the Unified Buddhist Church. So if you want to become a 

monk, nun, or priest, you have to notify and get permission from 

the local government. 

All promotions and appointments inside a church have to be accepted by the government. Even if the Vatican wants to appoint a 

new cardinal or bishop, it needs to inform and get approval from 

the Vietnamese Government. 

So at the end of every year each church is required to notify the 

local governments of its detailed plans for the next year such as 

the dates and times of events being held and what are the purpose 

and how many people will attend. Bishop of Kontum Patriarch 

23

Hoang Duc Oanh was actually refused permission to organize a 

Christmas Mass. 

Father Nguyen Van Ly, the Most Venerable Thich Quang Do, 

Pastor Nguyen Cong Chinh, and several leaders of local indigenous 

Cao Dai and Hoa Hao Churches are all examples of how religious 

leaders who advocate religious freedom are continued to be imprisoned and placed under house arrest. 

The recent death of Mr. Nguyen Huu Tan, Hoa Hao Buddhist follower, in the police station in Vinh Long where his neck was cut 

by the police and the violent attacks of the Vietnamese security 

forces on peaceful manifestations of the Catholics in central Vietnam against the destruction of the environment have caused people’s anger and upset. 

The government continues to seize several properties belonging 

to the Catholic and Buddhist churches. Last year, they pressured 

Lien Tri Temple to stop activities and to sell its lands to the local 

government for a development project. 

The local government also pressured the Fathers of the 

Redemptorists Vietnam—Dong Chua Cuu The Viet Nam—to stop 

its health care program for the veterans of the south. 

In light of this religion freedoms violation, the U.S. Government 

should push for the following course of action. The Vietnamese 

Government should implement U.N. principles on religious freedom 

including the release of those in prison for beliefs and practices and 

fully restore the rights of citizenship, property, and residence permits. 

The Vietnamese Government should stop repressing indigenous 

religious subsets, Hoa Hao and Cao Dai. They should also stop promoting its state churches to interfere with the Buddhist and Catholic religions. 

Lately, on November 18, 2016, the National Assembly finally rectified a law of belief and religion even with the extensive criticism 

from human rights and religious groups. 

In fact, in an open letter to the Vietnamese Government prior to 

the ratification of the law, a number of organizations and lawmakers reject the clause stating that ‘‘religious groups must be registered and approved by the government in order to practice.’’

This clause should be omitted as it gives the government the 

power to continue to oppress the people. In fact, the law will go in 

effect starting January 2018. The current situation in Vietnam on 

human rights, labor rights, transparency, intellectual property, 

copyrights really do not meet the requirements of the U.S. Government as a trusted bilateral economic partner. 

We are truly looking to Congress to emphasize that Vietnam 

needs to carry out fundamental reforms in these areas and to make 

sure that they become reality before Vietnam can be taken off the 

CPC list. 

There should be no waivers or delays implementing these requirements. International monitors need to strictly enforce treaty 

provisions before written and verbal agreements with Vietnam. 

The reforms that Vietnam must carry out will ultimately help to 

democratize Vietnam. Only a democratic Vietnam can be the U.S.’s 

true reliable strategic partner in Asia. 

24

Therefore, now is the golden opportunity for the U.S., especially 

with the upcoming visit by the Prime Minister of the Communist 

regime of Vietnam, to convince the Hanoi’s government to embark 

on this win-win journey for all which would allow Vietnam to become a more democratic country and to simultaneously secure a 

comprehensive strategic partnership with the United States in 

Asia. 

This would bring prosperity to Vietnam, bring peace and security 

to the region and neutralize the pressure from China. Vietnam 

should see this opportunity and react positively by ensuring more 

human rights. 

Last but not least, Mr. Chairman and distinguished Members of 

Congress, I have been lucky to live in America’s free society where 

I can express my own opinion without being intimidated or harassed. 

Therefore, I believe that is my responsibility to speak for my 

compatriots back home who do not have at all these privileges. 

Thank you for giving me the opportunity for today. Respectfully 

yours, Dr. Quan Q. Nguyen. 

[The prepared statement of Dr. Quan follows:]

25


25559a-1.eps

Testimony ofQuan Q. Nguyen, M.D. 

Chairman of Rallying For Democracy in Vietnam 

Before the House Committee on Foreign Affairs 

Subcommittee on Africa, Golba! Health, Global Human Rights and International Organizations 

on May 25'", 2017 

Regarding: "Vietnam: Why religious freedom and human rights are critical to US national 

interestsCurrent Human Rights Situation In Vietnam 

With Emphasis On Religious Freedom" 

Honorable Chairman Chris Smith and Distinguished Members of the Subcommittee: 

42 years ago, when the communist forces began to occupy South Vietnam, T left my country on a 

small boat, and escaped to America. l have been lucky to be able to rebuild my life here, and it 

is truly an honor to testify before this distinguished Subcommittee about the long struggles of the 

Vietnamese people. Thank you for holding this hearing and allowing me to share some important 

issues that T believe should be brought to light. 

Overview 

At the beginning of the 21st century, the Vietnamese people are still suffering from a totalitarian 

regime. Vietnam is a one party system where there is no separation of administrative, judiciary, 

and legislative branches. The Vietnamese Communist Party (VCP) strictly controls the 

government at all levels, manipulates the National Assembly, controls all mass media, and 

deprives the Vietnamese people of all basic human rights. There are no free and fair elections, 

and no independent unions to protect the millions of Vietnamese workers. People who disagree 

and express their own opinions in a peaceful way are imprisoned. 

The VCP and their cruel offspring have driven Vietnam to the brink of bankruptcy through a 

centrally oriented economy and wasteful, inefficient investments. Incredible wealth is in the 

hands of corrupted apparatchiks, while the majority of people live in poverty. The cost of living 

is soaring; the price of electricity, water, and gasoline are rising day by day; the Vietnamese 

"dong" is losing its value while wages and salaries are stagnant. Workers have to toil day and 

night, yet cannot make a decent living. The situation in Vietnam is ripe for transformation The 

people in Vietnam deserve support for their quest for freedom and democracy from the 

international community, particularly the U.S. In that spirit, I would like to draw attention to the 

following important issues: 

Religious Freedom 

To the communists, "religion is opium" and they strictly follow that crazy ideal The Hanoi 

government's policy has always been to repress religious freedom. There is an unfortunate 

misconception from the West that the mere existence of churches and temples in Vietnam 

implies that there is freedom of religion. This is far from the truth. Per the latest report of the 

U.S. Commission on International Religious Freedom, religious freedom in Vietnam has 

deteriorated significantly. The Vietnamese Communist uses Decree 92 issued in August 2012 to 

strictly control all religions in Vietnam. All Churches need to be registered and accepted by the 
26


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government. The registration procedure is very complicated and allows the government to refuse 

applications of Churches considered as non friendly to the government. For years now, the 

communist government has refused to recognize The Unified Buddhist Church. lf you want to 

become a monk, nun, or priest, you have to notify and get permission from the local government. 

All promotions or appointments inside the Church have to be accepted by the government. Even 

if the Vatican wants to appoint a new Cardinal, Archbishop, or Bishop, it needs to inform and get 

approval from the Vietnamese government. 

At the end of every year, each Church is required to notify the local government of its detailed 

plans for the next year, such as the dates and times of events being held, what are the purposes, 

and how many people will attend. Bishop of Kontum Patriarch Hoang Due Oanh was actually 

refused permission to organize a Christmas Mass. The government of Vietnam uses force and 

imprisonment to keep priests and monks following the party line. Father Nguyen Van Ly, The 

Most Venerable Thich Quang Do, Pastor Nguyen Cong Chinh and several leaders of local 

indigenous Cao Dai & Hoa Hoa Churches are all examples of how religious leaders who 

advocate religious freedom or criticize the government on it serious violations are imprisoned or 

placed under house arrest. 

The overnight death of Mr. Nguyen Huu Tan, a Hoa Hao Buddhist followers in a police station 

in Vinh Long, and the violent attacks of Vietnamese security forces on peaceful manifestations 

of Catholics in Central Vietnam against the destruction of the environment have caused people's 

anger and upset. 

The government continues to seize several properties belonging to the Catholic and Buddhist 

Churches. Last year, they pressured Lien Tri Temple to stop its activities and to sell its land to 

the local government for a development project. The local government also pressured the Fathers 

of the The Redemptorists Vietnam (Dong Chua Cuu Th~ Vi~t Nam) to stop its healthcare 

program for the veterans of the South. Tn light of these religious freedom violations, the US 

government should push for the following actions: 

I. The Vietnamese government should implement the UN principles on religious freedom, 

including the release of those imprisoned for beliefs and practices, and fully restore their rights 

of citizenship, property, and residence permits. 

2. The Vietnamese government should stop repressing indigenous religious groups such as Hoa 

Hao and Cao Dai. They should also stop promoting its state church to interfere with the 

Buddhist and Catholic religions. 

3. The Vietnamese government should allow religious freedom, otherwise, they will be placed 

back on the CPC, be punished, and suffer damaging consequences. 

On November 18, the National Assembly finally ratified the Law on Belief and Religion amid 

extensive criticism from human rights and religious groups. They are worried that the law 

restricts religious freedoms rather than protects them. In an open letter to the Vietnamese 

government prior to the ratification of the law, several organizations and lawmakers rejected a 

clause stating that "religious groups must be registered and approved by the government in order 

2 
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to practice". This clause should be omitted as it gives the government the power to continue to 

oppress the people. The law will go into effect starting January 2018. 

Freedom of Information & Expression 

The Vietnamese government strictly controls all mass media including the internet, and censors 

all information to the people. According to 2017 Reporters Without Borders' World Press 

Freedom Index, Vietnam ranks 175/180 countries. The Committee to Protect Journalists, also 

ranked Vietnam among the 10 worst countries worldwide. Several dissidents and human rights 

activists have been harassed, arrested, and tried over the last 5 years on criminal charges 

including espionage and other vague crimes against "national security" for peaceful expression 

of their opinions on the internet. Vietnam's authorities rely on a combination of restrictive laws, 

Internet controls, and outright repression to block the free flow of infonnation, but thanks to 

social media, Vietnamese citizens are increasingly gaining access to independent sources of 

news. Vietnam is second in the world only to China in the number of jailed netizens. The cases 

of Lawyer Nguyen Van Dai, "Mother Mushroom" Me Nam, Pastor Nguyen Cong Chinh, and 

Tran Huynh Duy Thuc are good examples. They have committed no crime, and have only 

expressed their own opinions in a peaceful way. They should be released immediately without 

any conditions. 

Labor Rights 

There are no independent unions to protect the millions of workers in Vietnam. Vietnamese 

workers have no health insurance, no worker compensation, no rights to go on strikes, nor 

collective bargaining. Most of the workers have to resort to bribery to get jobs. They are 

required to work overtime without pay, while frequently being subjected to abuse and 

maltreatment. The unique Vietnam General Confederation of Labor (VGCL) is strictly controlled 

by the Communist Party. It represents the party and employers, but not the workers. Prominent 

worker leader, Nguyen Hoang Quoc Hung, who tried to form an independent union outside of 

the VGCL is currently in jail. 1 am glad to hear that President Trump scrapped the TPP, because 

if it were to remain, Vietnam certainly does not meet the requirements to become a member. 

Civil Societies 

After the US-VN Human Rights Dialogue in April2013, the State has been very quiet on the 

Civil Society front. It was only after State President Truong Tan Sang's meeting with U.S. 

President Barack Obama in July 2013 that Civil Society began to be referred to as "having a 

feedback characteristic." By the end of2013, people started to talk about the contributing voice 

of Civil Society and "Civil Society with Vietnamese Characteristic." Activists started to fonn 

organizations, groups, societies, etc. without being disbanded. Recently, a new proposition was 

advanced-- that Civil Society exists not just in capitalism, but in socialism as well. However, 

this new viewpoint has yet to be included in textbooks on socialism. It is highly recommend that 

the U.S. delegation push more for the freedom to form NGOs. Furthennore, the Vietnamese 

government should officially recognize them and allow them to function appropriately. 

Bilateral Human Rights Dialogue: 

A 2-day bilateral human rights dialogue with the Communist was recently concluded. Bilateral 

dialogues can play an important role in increasing understanding and narrowing differences. 

However, dialogue without concrete progress is not just an empty exercise, but 
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counterproductive. By making concrete progress on human rights, the Vietnamese government 

will pave the way to becoming a major partner to the U.S., and play an important role in bringing 

stability and prosperity to the region. 

The Coming Visit Of Prime Minister Nguyen Xuan Phuc 

So far, The Vietnamese government has not made any significant strides in improving on human 

rights issues. Mr. Phuc' s invitation to visit the US at this moment will send a wrong signal to 

the Vietnamese Communist regime that they have the nod from our government to arrest and 

attack dissidents without legitimate cause. 

Steps to Improve The Human Rights Condition In Vietnam 

Vietnam is suffering an ill economy, trade deficit, discontent, and anger from the people, as well 

as serious threat from China. In that context, Hanoi is looking to the USA and other Western 

countries to save its tattered economy and sagging regime. However, the current situation in 

Vietnam on human rights, labor rights, transparency, intellectual property rights, etc. DO NOT 

meet the requirements from the USA. We are looking to Congress to emphasize that Vietnam 

needs to carry out fundamental reforms in these areas, and to make sure they become reality 

before Vietnam is considered a true strategic partner of the US in the region. There should be no 

waivers or delays implementing the requirements. International monitors need to strictly enforce 

treaty provisions beyond written or verbal agreements with Vietnam (since the Vietnamese 

communist leaders are known for breaking their commitment and promises, as exhibited after 

entering the WTO). 

The reforms that Vietnam must carry out will ultimately help to democratize Vietnam. Only a 

democratic Vietnam can be U.S.'s true reliable strategic partner in Asia. Therefore, this is a 

golden opportunity for the U.S. to convince the Hanoi government to embark on this win-win 

journey for all, which would allow Vietnam to become a democratic country and to 

simultaneously secure a comprehensive strategic partnership with the United States. This will 

prosper Vietnam, bring peace and stability to the region, and neutralize the pressure from China. 

Vietnam should seize this opportunity and react positively by ensuring more human rights. 

A comprehensive road map for Vietnam to follow would be helpful. 

Mr. Chairman & distinguished members of Congress: 

T have been lucky to live in America's free society where T can express my own opinions without 

being intimidated or harassed. Therefore, I believe that it is my responsibility to speak for my 

compatriots back home who do not have these privileges. Thank you for giving me the 

opportunity to do so today. 

Respectfully yours, 

Quan Nguyen, M.D. 

Chairman, Rallying For Democracy in Vietnam 

4 
29

Mr. SMITH. Mr. Nguyen, thank you very much for your personal 

leadership for reading Dr. Quan’s statement. Tell him how we hope 

he feels better. 

I would like to now yield to Mr. Kumar. 

STATEMENT OF MR. T. KUMAR, DIRECTOR OF 

INTERNATIONAL ADVOCACY, AMNESTY INTERNATIONAL 

Mr. KUMAR. Thank you very much, Congressman and Chairman 

Smith, and other members of the committee. 

Before I start, I would like to urge chairman to admit our statement in the record. 

Mr. SMITH. Without objection, so ordered. 

Mr. KUMAR. Thank you. I also want to mention about you, Chairman Smith, about your unwavering and strong commitment to 

human rights and this hearing is an example of that, and thank 

you again from Amnesty International. 

Today we are here to discuss Vietnam’s Prime Minister’s visit to 

Washington to meet with President Trump. We were also here 

when the annual U.S.-Vietnam Human Rights Dialogue is on its 

way now and we are also here before President Trump will be visiting Vietnam for the APEC Summit. Even though it’s not bilateral, 

it’s a visit by President Trump. 

So we are looking at three opportunities. The first opportunity is 

taking place at the moment. I hope State Department, which is 

leading the discussion, is very clear and firm in highlighting the 

cases and the abuses that are happening, including religious freedom issues. 

We hope that reflects in the Prime Minister of Vietnam’s visit to 

Washington when he makes statements. We will know the results 

when he comes, whether dialogue is making any difference or not. 

So going into the issue of what’s happening in Vietnam from the 

human rights perspective, I just want to touch on the overarching 

issue. The institutions which guarantee human rights, freedom, 

and even fair existence are the two main institutions—their judiciary and media. 

Both are under the complete control of the government there. We 

know that the party is in control—the Communist Party—but even 

these institutions are not free. So what the results is when there 

is an abuse against an individual, a citizen of Vietnam, he or she 

has no way to get justice there. Media can’t report because they are 

under the control of the government. 

They can’t go to the judiciary. The judiciary is under the control 

of the government. That’s why international pressure is extremely 

important to make changes in the country so that citizens of Vietnam can have some basic protections to live as human beings and 

enjoy their rights. 

What we have documented over the years is that there are hundreds of political prisoners who have been arrested, tortured, some 

died during torture, and have been incarcerated in gruesome manners in that country purely for peaceful political expression of 

views including the latest online actions. 

That also extends to the religious freedom issues where religious 

minorities as well as independent religious groups are facing the 

difficult times in that country. 

30

One other issue that disturbs us there is that Vietnam is extremely numb when it comes to international pressure. The only 

country or few countries that have some leverage on Vietnam are 

the U.S. and some other countries in Europe. That’s why U.S. leadership is extremely important in this. 

If the U.S. fails to speak, you can’t expect any other countries in 

Asia or any other country, even European will dump it, saying 

‘‘Okay, the powerful country is just ignoring the plight of the people—why should we get involved?’’

On the other side of the coin is that the Vietnamese Government 

takes it extremely serious about what the U.S. is saying. Congressman Smith, you know, you have visited Vietnam. 

I presume you even visited some prisoners or prisoner families 

that need changes there. Even you have seen changes when there 

is a threat of Vietnam being put on the list for religious freedom 

issues. 

That shows they take it very serious. So the question today is 

now a great opportunity is happening in a week’s time and whether 

President Trump will take advantage of that. That’s what the big 

question now we are having. 

So this particular hearing is of extreme importance on that note. 

President Trump and his advisors will be watching this and we 

hope that’ll translate into some action in terms of human rights. 

The issue of religious freedom—coming back to the issue—there 

are two issues that disturb us. One is the new draft law now which 

has become a law, per se, on religion and belief. 

It’s pretty much tightened the noose—pretty much tightened the 

control of the government on religious issues. They are religious 

freedom for religious groups there. Even the registration aspects 

make it very difficult to register. 

So you throwing a new law that the group wanted to register. It 

makes it impossible to register because the cumbersome nature of 

the registration makes it very difficult. 

Number two, the law is written in such a way that the government authorities have numerous openings to interfere in religious 

activities. Legally they can interfere. 

When this draft law came up, Amnesty International and numerous international human rights organizations who take a strong 

view on every country—Chairman, you know, even in—on this 

country we take strong views—so we have taken a very strong view 

and said wait a minute, you have this draft law. 

Make sure you change the law so that—make edits so that it will 

have some impact on the—so that religious groups can act freely 

and have freedom. It did not happen. 

So President Trump can raise that from the religious point of 

view. This is the beginning, by the way, there. We don’t what else 

is going to come up there. Second issue is the forced renunciation 

of religious groups. 

Okay, they don’t not only allow people to worship as they wish 

or belong to a group or a religious group as they wish. They come 

after you and force individuals to renounce religion. 

So even these two issues should shake the conscience of the 

White House and President Trump. We hope he will take note of 

this and take advantage of the meeting he’s having. We all know 

31

that security will be on the top of the agenda. We have nothing 

against it. 

We know that South China Sea issues are going to be on the 

agenda. We know that trade deals will be on the agenda, even 

though TPP is out, they will be discussed. What we are asking is 

to raise the concern of the people of the country. 

We have all these deals—trade deals, security deals. But hold the 

people of that country—you are dealing with a leader who is not 

an elected leader. It’s a one-party state. So you have a duty and 

responsibility to ensure that you raise human rights. 

What type of human rights issue should President Trump raise? 

As I mentioned on the religious freedom issue, two issues at least 

he should raise. 

One is the new draft law should be amended. Number two, forced 

renunciation should stop right away. He should also demand immediate and unconditional release of political prisoners and religious 

leaders and religious prisoners there. 

The other one he should urge is when he arrives in November 

for the APEC Summit, at least some prisoners should be released. 

That call should be there. Chairman Smith, you know what happened when President Obama visited last time. 

They not only did not release any prisoners, they started arresting people, and President Obama kept quiet and came out. The 

same impression should not be given by President Trump. 

President Trump should not give the impression to Vietnamese 

that he will keep quiet when he’s there when they start arresting 

and harassing civilians and other human rights defenders, he will 

keep quiet. 

So the message should be given here next week. One more thing, 

while he’s in Vietnam in November he should also meet with families of the political prisoners. It’s a goodwill gesture. Nothing is 

going to happen to President Trump for meeting there. 

The message should be also very clear to Vietnamese authorities 

that if they go after the families whom he is meeting, they will pay 

a dear price. Hope that happens. 

So we are talking about an issue here from three opportunities. 

One is happening now, the dialogue. Second is next week’s meeting. Third is the APEC conference. 

Whether the new administration under President Trump will 

take the lead issue, we are not asking that human rights become 

the top priority. 

We are asking human rights be one of the issues you’ll discuss. 

And always after the event—after the dialogue, after the meeting 

here that both leaders come and address the press. 

We have an appeal to the press, please ask questions on human 

rights, and we have an appeal to President Trump, to ensure that 

before even there’s a question on human rights you proactively say 

what he cares—that he cares about human rights. 

Thank you, Chairman, for inviting Amnesty International, and 

once again, we applaud your leadership on human rights issues. 

Thank you. 

[The prepared statement of Mr. Kumar follows:]

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AMNESTY 

lflf£RHABDNAl 

Amnesty International Testimony 

Human Rights in Vietnam 

Before the 

Committee on Foreign Affairs 

U.S. House of Representatives 

By 

T. Kumar 

Advocacy Director 

Asia, Europe and United Nations 

Amnesty International USA 

May 25, 2017 

Thank you Chair and distinguished members of this committee. Amnesty International is 

pleased to testify at this important hearing. 

This hearing is taking place on the eve of the Vietnamese President's visit to the White 

House and before President Trump's visit Vietnam in November to attend the annual 

APEC Conference. 

These two opportunities are important openings for President Trump to raise concerns 

about human rights issues in Vietnam and to urge the Vietnamese government to 

release prisoners of conscience. We urge President Trump not to miss these 

opportunities. 

The human rights situation in Vietnam has been of concern to Amnesty International for 

years. We have published reports, news releases, and Urgent Actions to highlight our 

concerns. We also testified last year before this Committee after former President 

Obama's visit to Vietnam. 
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Main Human Rights Concerns: 

• Restrictions on freedom of expression, assembly and association; 

• The continuing imprisonment of political prisoners; 

• The use of national security legislation and the criminal code to suppress criticism of 

the government, including in relation to the Internet; 

• The application of the death penalty. 

• The continuation of repressive practices in some ethnic minority areas- notably the 

Central Highlands; 

• The state of the independence of judiciary; 

• Restrictions on religious freedoms - continued intolerance of non-state sanctioned 

religions and denominations; 

During 2016 severe restrictions on the rights to freedom of expression, of association 

and of peaceful assembly continued. The media and the judiciary, as well as political 

and religious institutions, remained under state control. Prisoners of conscience were 

tortured and otherwise ill-treated, and subjected to unfair trials. Physical attacks against 

human rights defenders continued, and prominent activists awere subjected to daily 

surveillance and harassment. Peaceful dissidents and government critics were arrested 

and convicted on national security charges. Demonstrations were repressed, with 

participants and organizers arrested and tortured. The death penalty was retained. 

Background 

The five-year leadership change took place in January at the congress of the 

Communist Party of VietNam. In May, a general election for the 500 seats in the 

National Assembly was contested by 900 Communist Party members nominated by 

central or local authorities and 11 independent candidates. Over 100 non-party 

candidates who attempted to register, including prominent government critics such as 

Nguyi'in Quang A, were disqualified on tenuous administrative grounds. Some were 

subject to harassment and intimidation. 

The implementation of key new laws, scheduled for July, was postponed due to flaws in 

the amended Penal Code. They included the Criminal Procedure Code, the Law on the 

Organization of Criminal Investigation Agencies, the Law on the Implementation of 

Custody and Temporary Detention, and the amended Penal Code itself 

Repression of dissent 

Peaceful criticism of government policies continued to be silenced through judicial and 

extra-legal means. There was extensive surveillance and harassment of activists, 

including those who demonstrated against the Formosa ecological disaster which 

2 
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affected the lives of an estimated 270,000 people. Attacks against human rights 

defenders were commonplace1 

The authorities continued to use vaguely worded legislation to convict peaceful activists 

under the national security section of the 1999 Penal Code, in particular: Article 258 

"abusing democratic freedoms to infringe upon the interests of the state, the legitimate 

rights and interests of organizations and/or citizens"; Article 88 "spreading propaganda 

against the Socialist Republic of Viet Nam"; and Article 79 "carrying out activities aimed 

at overthrowing the people's administration". 

In an eight-day period in March, seven activists and government critics were convicted 

and sentenced to imprisonment for the peaceful expression of their views. They 

included Nguyen HCru Vinh, founder of the popular blog site Anh Ba Sam, and his 

assistant Nguyen Thi Minh Thuy who were convicted under Article 258 and given fiveand three-year prison sentences respectively 2 They had spent nearly two years in pretrial detention. 

Prominent human rights lawyer Nguyen Van flai and his assistant Le Thu Ha remained 

in incommunicado detention following their arrest on charges under Article 88 in 

December 2015.;1 

In October, well-known activist Nguyen Ngoc NhU' Quynh, known as blogger Me N~m 

(Mother Mushroom), was arrested on charges under Article 88 in connection with her 

blog postings criticizing the government.1 The Article carries a three- to 20-year prison 

sentence. 

Routine beatings of human rights defenders and their relatives continued. In April, Tr~n 

Thi H6ng, wife of prisoner of conscience Pastor Nguyen C6ng Chfnh, was arrested and 

severely beaten in custody soon after she met with a US delegation visiting Viet Nam.2 

Freedom of assembly 

Large peaceful demonstrations over the Formosa disaster were frequent. Weekly 

demonstrations in urban centers around the country in April and May resulted in mass 

arrests and attacks against participants by police and individuals in plain clothes 

believed to be police or working under police orders. Many of those detained were 

tortured or otherwise ill-treated, including with beatings and the use of electric shocks§ 

Demonstrations continued throughout the year, with those in provinces affected by the 

Formosa disaster gathering momentum. There were reports that 30,000 people 

demonstrated in August in Vinh City, Nghe An province. 

Land disputes 

In July, a demonstration of around 400 ethnic minority Ede villagers in Bu6n Ma Thui;Jt, 

flak Lak province protesting against the sale of 100 hectares of the community's 
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ancestral land to a private company was violently repressed by security forces; at least 

seven demonstrators were arrested and held in incommunicado detentionZ 

In August, land activist C~n Th! Theu was convicted under Article 245 of "causing public 

disorder" by a court in the capital HaNoi and sentenced to 20 months' imprisonment.§ 

She was accused of inciting protests against reclamation of land in Ha Dong district, Ha 

Noi, by posting photographs online. 

Torture and other ill-treatment 

Torture and other ill-treatment, including incommunicado detention, prolonged solitary 

confinement, beatings, withholding of medical treatment, and punitive transfers between 

facilities were practiced on prisoners of conscience throughout the country.§i At least 88 

prisoners of conscience were held in harsh conditions after unfair trials, some of whom 

were subjected to beatings, prolonged solitary confinement, deprivation of medical 

treatment and electric shocks. They included bloggers, labor and land rights activists, 

political activists, religious followers, members of ethnic groups and advocates for 

human rights and social justice. 

Land rights activist Bui Thi Minh Hang, and Hoa Hao Buddhist Tran Thi Thuy continued 

to be denied adequate medical treatment since 2015; Catholic activist D.;tng Xuan Di$u 

was held in solitary confinement for prolonged periods and tortured; and Tran Huynh 

Duy ThCfc had been transferred between several prisons since 2009, apparently as a 

punishment or to intimidate him. 

Refugees and asylum-seekers 

In April and May, in two separate cases, eight asylum-seekers among groups 

intercepted en route to Australia and forcibly returned to Viet Nam were sentenced to 

between two and four years' imprisonment under Article 275 of the Penal Code for 

"organizing and/or coercing other persons to flee abroad or to stay abroad illegally''.1Q 

Right to an adequate standard of living 

An ecological disaster in early April killed huge numbers of fish stocks along the coast of 

Ngh$ An, Ha Tinh, Quang Binh, Quang Tr! and Thll'a Thien-Hu~ provinces, affecting 

the livelihoods of 270,000 people. After a two-month investigation, the authorities 

confirmed allegations by the public that a steel plant owned by the Taiwanese Formosa 

Plastics Group had caused toxic waste discharges. At the end of June, Formosa 

publicly acknowledged responsibility and announced that it would provide compensation 

of US$500 million. In October, a court in Ha Tinh rejected 506 cases filed by those 

affected. The plaintiffs were calling for increased compensation in damages for the 

impact on their livelihoods. 

4 
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Death penalty: Death sentences continued to be imposed, including for drug-related 

offences. Official statistics remained classified as a state secret. Death sentences were 

reported in the media but no information was available about executions. 

Religious Freedom: 

Viet Nam's draft Law on Belief and Religion 

VietNam's draft Law on Belief and Religion undermines basic guarantees of the right to 

freedom of religion or belief by imposing difficult registration requirements and 

facilitating excessive state interference in the activities of religious organizations .. 

Amnesty was one of the signatories in an October 2016 Open Letter from civil society 

organizations which called for the draft Law to be revised, in consultation with religious 

community representatives, including those of non-recognized religious communities, 

and experts in international human rights law, to ensure that the law protects the right to 

freedom of religion or belief in line with article 18 of the International Covenant on Civil 

and Political Rights. 

The National Assembly ratified the Law in November 2016. Among the concerns groups 

outlined in the open letter were: 

1 The definition of a religion should be made consistent with Article 18 of the 

International Covenant on Civil and Political Rights (ICCPR). In the current draft, a 

religious organization has been defined as "a group of people ... which is recognized by 

the government" (Article 2.13). This leaves members of religious organizations who 

cannot or choose not to register with the authorities in a legal limbo, with no legal 

safeguards for conducting religious activities. 

2. Registration with the government should not be made a pre-requisite for the exercise 

of freedom of religion or belief. The onerous and complex registration process requires 

approval from the authorities for religious activities, operations and status as an 

organization. The guarantees outlined in Article 18 of the ICCPR are independent of 

and cannot be conditioned on any domestic process of notification, authorization, 

recognition or registration. 

3. The law must not allow officials to arbitrarily interfere in the internal affairs of religious 

organizations. Provisions in the law allow the authorities to interfere excessively in the 

internal decisions, appointments, training, teachings and programs of religious 

organizations. Limitations on the manifestation of freedom of religion or belief must 

never exceed in either purpose or scope those permitted in article 18(3) of the ICCPR. 

As the UN Special Rapporteur on Freedom of Religion or Belief, Dr. Heiner Bielefeltd, 

said after his visit to Vietnam in 2014, " ... registration should be an offer by the State but 

not a compulsory legal requirement." 

4. Ambiguous and potentially discriminatory language should be removed. The draft law 

contains ambiguous language regarding "good traditional cultural values" (Article 10.1) 

5 
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and "sowing division" (Article 5.4), that could be used to discriminate against ethnic and 

indigenous minorities, independent groups and those whose religion or belief is seen as 

"foreign" (Article 2.12). 5. Provisions should be made to establish legal channels and 

mechanisms for people to file complaints, and have those complaints 

independently investigated and acted on, in cases of alleged violations of the right to 

freedom of religion or belief. 

Other concerns: 

• Vietnamese officials continue to force Montagnard Christians to sign 

renouncing their religion. and tbese minorities have been fleeing !o other 

East Asian countries seeking asylum 

• In July 2014, the United Nations Special Rapporteur on Freedom of Religion or 

Belief, Heiner Bielefeldt visited Vietnam on an official mission. this visit, 

police intimidated and put manv lowland dissidents and religious under 

house arrest so could not meet him. Fearing for the of other activists. 

Bielefeldt cut snort visits to tr1ree locations, the Central 

Highland Lai and Kon Tum. He concluded that the "t1ght control 

that tr1e exerc1ses on religious communities" means that the 

"autonomy and activities of independent religious or belief communities, !11at 1s, 

unrecogr11zed communities. remain restricted and unsafe, with the rights to 

freedom of relig1on or belief of such communities grossly violated.' 

In February of 2017, hundreds of peaceful marchers were attacked by police as 

they marched to file complaints against Formosa Plastics, a company 

responsible for an ecological disaster in VietNam. Most of the marchers were 

Catholic. ln addition to this, Father £lang HCfu Nam, Nguyen Van Trang and 

Paulus LeVan SO'n have been involved in organizing activities calling for 

transparency and accountability in relation to the disaster, including 

compensation for those affected. Father El$ng HCfu Nam, a Catholic priest has 

been helping to organize mass protests. 

The three men have also faced severe harassment which has intensified after 

their activities linked to the ecological catastrophe Father Nam has been 

subjected to surveillance, death threats, arrests and beatings by security police 

and individuals in plain clothes. 

In January of 2017, 3 unrelated Human Rights defenders were held 

incommunicado, including Nguyen Van Oai, a former prisoner of conscience and 

Catholic social activist, was arrested on his way home from a fishing trip in 

Hoang Mai town, central VietNam late on 19 January 2017. His family were 

informed the following day that he was being accused of resisting officials on 

duty under Article 257 of the Penal Code. Nguyen Van Oai is currently serving a 

6 
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three year probation period after he was released in August 2015 following a four 

year prison sentence. He is being held at Ngh$ An provincial prison, and faces a 

possible seven year sentence if convicted. He is in weak health after his previous 

imprisonment. 

C§n Th! Theu, a well-known land rights activist, was tried and convicted by a 

court in Ha N9i in September 2016 and sentenced to 20 months' imprisonment 

on charges of "disturbing public order" under Article 245 of the 1999 Penal Code. 

Human rights defender Nguyi\n NgQc NhU' Quynh, known as blogger Me N§m 

(Mother Mushroom) was arrested in October 2016 and has been charged with 

"conducting propaganda" against the state under Article 88 of Viet Nam's Penal 

Code. She is at risk of torture and ill-treatment. It is not known where she is 

currently detained. 

Two examples of Prisoners of Conscience: 

The Most Venerable Thich Quang Do, head of the banned Unified Buddhist Church of 

VietNam (UBCV), is a leading advocate of religious freedom, human rights and 

democracy. He is confined to the Thanh Minh Zen monastery in Ho Chi Minh City, as a 

prisoner of conscience. He has protested peacefully against repressive government 

policies in Viet Nam since the 1950s, and has spent almost three decades either in 

prison, detained without trial or under house arrest in "internal exile," far from his 

home. The UBCV was founded in 1964, but has been banned since 1975. Its 

members have come under varying degrees of repression for their peaceful activities, 

including imprisonment for terms of eight years or more, arbitrary detention and house 

arrest. Thich Quang Do opposed the establishment of the state-controlled Viet Nam 

Buddhist Church in 1981, which was created to lessen the influence of the UBCV. He 

resisted government efforts to force the UBCV to join this body. As a result, he was 

arrested in February 1982 and kept under house arrest for 10 years in internal exile. In 

February 2001, Thich Quang Do wrote an eight-point plan for peaceful democratic 

change, Appeal for Democracy in VietNam, addressed to senior members of the 

government. The appeal received support both inside VietNam, where it was circulated 

secretly, and from some Members of the European Parliament, and US Congress, after 

it was smuggled overseas. This prompted the authorities to arrest him again, and in 

June 2001 he was sentenced to two years' administrative detention. He was held 

incommunicado for two years at Thanh Minh Zen monastery, and released on 27 June 

2003. He was arrested again in October 2003, while returning to Ho Chi Minh City with 

other Buddhist monks from a UBCV meeting in another province. Security officials told 

him that he had been placed in administrative detention for an indefinite period. He was 

not told why he had been arrested, or whether he had been charged with any offence. 

He is still confined to the Thanh Minh Zen monastery. In May 2005 the UN Working 

Group on Arbitrary Detention decided that his "deprivation of liberty" was arbitrary, in 

contravention of Article 18 of the International Covenant on Civil and Political Rights 

(ICCPR), to which Viet Nam is a state party. 

7 
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Tran Huynh Duy Thuc, a successful entrepreneur, was sentenced to 16 years' 

imprisonment followed by five years' house arrest on 20 January 2010 for blogging 

about political and economic issues in VietNam. He declared during his trial that he 

was tortured while in detention to force him into making a confession. Tran Huynh Duy 

Thuc was initially accused of "theft of telephone lines" before being prosecuted under 

Article 88 of the Criminal Code for "conducting propaganda against the State". However, 

he was later charged with "attempting to overthrow the people's administration" under 

Article 79 of VietNam's Criminal Code through his establishment of the "Chan research 

group" and his connection with so-called reactionary individuals abroad. Tran Huynh 

Duy Thuc was transferred to Xuan Moe prison, Ba Ria- Vung Tau province in early July 

2013, along with four other dissident prisoners. It is not known why he was moved and 

his family only found out when they went to visit him at the detention facility where he 

was previously held. He is currently in a cell on his own in a section of the prison for 

political prisoners. In May 2013, Tran Huynh Duy Thuc was held for 10 days in solitary 

confinement in a small, dark and dirty cell. 

Recommendations: 

President Trump should: 

1) Personally urge President of Vietnam to release all prisoners of conscience 

immediately and unconditionally. 

2) Urge that the draft Law on Belief and Religion be revised, in consultation with 

religious community representatives, including those of non-recognized religious 

communities, and experts in international human rights law, to ensure that the 

law protects the right to freedom of religion or belief in line with article 18 of the 

International Covenant on Civil and Political Rights. 

3) Urge the government to stop the practice of forced renunciation of religion. 

4) Publicly call for the respect for and protection of human rights during his press 

interactions after the meeting, including during the joint press conference. 

5) Meet with the families of prisoners of conscience during his visit to Vietnam 

Thank you for inviting Amnesty International to Testify. 

T. Kumar 

Advocacy Director 

Asia, Europe and United Nations 

Amnesty International USA 

8 
40

Mr. SMITH. Mr. Kumar, thank you very much for your stellar 

leadership, your personal commitment, having served as a political 

prisoner, served in prison. 

Just incredible, and now you speak out on behalf of others. Your 

recommendations were, I think, extraordinarily incisive. So thank 

you for that. 

I’d like to yield to Mr. Garrett. 

Mr. GARRETT. Thank you, Mr. Chairman, gentlemen, Mr. Kumar 

in particular, for your leadership not only in word but deed as it 

relates to the important issue of human rights. 

I see stark parallels as it relates to the previous administration’s 

visit to Vietnam and the impact it had on the religious dissident 

community with testimony we heard before this subcommittee I believe last week as it related to religious minorities in China that 

President Obama was to meet with them. 

They did not show up at the meeting and ultimately 2 hours 

after he was on Air Force One returning to the United States a 

group was rounded up and arrested, many of whom we believe are 

still imprisoned, some of whom we don’t know the status of their 

well being at all. 

And that same thing repeating itself in Vietnam is indicative of, 

I think, a lack of attention by the media globally, here in the 

United States and abroad as it relates to these important issues. 

I will tell you that you are correct that human rights are an 

issue but not the only issue. Certainly, security and stability are 

foci of the United States and I would welcome a strong relationship 

with a prosperous Vietnam as a stabilizing force in the region and 

the counterbalance to regional dominance by China. 

However, it’s very difficult if you sit here where I do or where 

Chairman Smith does, to have any desire to promote prosperity 

and enhanced relations with a nation that treats its religious minorities the way the current Government of Vietnam does. 

One of the things that troubles me in the short period of time 

that I’ve been here is the concept that perhaps we’ll have these 

meetings and instead of helping in the subject we will by virtue of 

having brought light to it hurt people in places like Vietnam who 

are exposed by the courage of individuals such as yourselves to 

speak. 

And so my immediate question to myself is what can I do to 

make sure that this meeting is for a net positive, for the better? 

And so while I have to leave and should have left about 10 minutes for a meeting that I can’t get around, I will promise everyone 

in this room the following: I will draft a letter to the President and 

copy the Vice President relating to the upcoming meetings with the 

Vietnamese Prime Minister on any future travels to Vietnam. 

In that letter I will ask that the President speak directly to 

human rights violations to Vietnam and articulate hopefully on behalf of himself and certainly on behalf of members of this committee and this elected legislative body that there will be hesitance 

to enhance relations, be they security relations or trade relations 

with any nation that oppresses individuals who exercises their 

God-given right to worship as they choose. 

I find it ironic but not humorous that there are individuals so devoted to a belief structure that they are willing to be beaten and 

41

in some instances killed and will not abandon that belief structure 

and yet a government such as that in Vietnam, after 42 years, for 

example, of trying to stymie the UBCV, still can’t put out that 

light. 

You would think that at some point the government would realize that human beings will continue to make decisions for themselves and change their policy. 

To the extent that my voice might be helpful to prompting that 

outcome, I promise you it will be heard by our administration and 

I hope that our administration will carry it to the Government of 

Vietnam. 

Chairman Smith, I thank you for holding the hearing. I hope 

that you all will keep us abreast as it relates to developments following meetings between our head of state and that of Vietnam because I want to hope that changes for the better will be made and 

I want to hear if they are or are not so that we can act accordingly, 

moving forward. 

Thank you. 

Mr. SMITH. Mr. Garrett, thank you very much for your leadership 

and for your very, I think, very appropriate remarks. 

Mr. GARRETT. And a sincere apology on having to depart. But 

thank you all for having the courage to be here and we will certainly be a voice on your behalf. 

Mr. SMITH. Thank you. 

Mr. Kumar, you made an excellent point in reminding us that 

when President Obama went to Vietnam in May 2016 that things 

got worse as he left and that is—and what was the consequence? 

Zilch. 

There was no consequence to that kind of abuse of individuals, 

almost as if they were trying to insult and in some way degrade 

the Presidency of the United States. 

I know the President had time to meet with the celebrity chef, 

Anthony Bourdain, while he was there on May 23, 2016, but not 

with political prisoners or their families, which I think would have 

sent a very clear and unambiguous message to Hanoi as to what 

U.S. priorities really are. 

Shaking hands and big smiles only go so far. Yes, meet with the 

Prime Minister. Meet with the top leadership. But only meet with 

them if you’re prepared to raise individual cases and raise the larger human rights issues and I think all three of our distinguished 

witnesses have outlined that so very, very well today. 

I think it needs underscoring with exclamation points that when 

Ms. Hong met with Rabbi Saperstein, who I have a tremendous 

amount of respect for, and he certainly personally intervened after 

the fact when he realized, again, in an affront to a high American 

official, in this case the Ambassador-at-Large for International Religious Freedom. 

She, as you pointed out, as you all have, certainly, T. Kumar as 

well and Dr. Thang made reference to, she met with Rabbi 

Saperstein on March 30 of last year. She urged intervention for her 

husband, whose health was deteriorating, and for that she was interrogated 15 days later by the public security police. 

She was tortured for meeting a high official of the United States 

Government. That should have invited an immediately snapback 

42

by the United States Government, by the Obama administration in 

terms of sanctioning. 

CPC should have been immediate—a reimposition of Country of 

Particular Concern and the imposition of sanctions for that outrageous action against her and the picture you’ve provided us, Dr. 

Thang, of her, Ms. Hong, her inability to even walk just underscores the brutality of the secret police in Vietnam. 

And my hope is next week and now with the State Department 

in terms of their contacts with the Vietnamese that we will say, 

those days are over, and I, frankly, will be unceasing as chairman 

of the human rights subcommittee in trying to ensure that those 

days of gross violations of human rights and especially with the 

proximity of that visit. 

Two visits, President Obama, Rabbi Saperstein—retaliation that 

follows almost immediately thereafter. So my hope is that maybe 

you might want to expand upon that. 

How is Ms. Hong doing now and, again, I remember just an example, in 1982, I was in the Soviet Union. 

I met with Natan Sharansky’s mother, who pleaded with me and 

Sam Gejdenson and members of the National Conference on Soviet 

Jewry to try to get humanitarian assistance to her son, Natan 

Sharansky, who was dying, or at least she thought he was very, 

very sick, in the gulag of the Soviet Union. She was not retaliated 

against by the Soviet leadership for making that plea to a congressional delegation and a National Conference on Soviet Jewry delegation. 

The mom was not retaliated against. Sharansky’s situation actually improved when we raised his case with the Soviet officials. 

They responded. How can Vietnam do just the opposite and make 

matters even worse? 

Again, the reason and the proximity of this hearing is to say to 

President Trump and Vice President Pence—and I’ve known the 

Vice President for many years—he is a deeply committed believer, 

very faithful man who believes in human rights—that they need to 

be very clear and bold, and I think, Mr. Kumar, you said it doesn’t 

have to be the top priority. 

I hope that it would be. But we need it to be a major priority 

at the very least in this dialogue and with this conversation with 

the Prime Minister. So if you might want to speak to Ms. Hong as 

to how she’s doing now, and then just a few other questions that 

I will put on the table. 

You know, the Office of International Religious Freedom hopefully will soon have an Ambassador-at-Large. I would hope that the 

first thing that he does, if it is who I think it will be, will be to 

redesignate Vietnam as a Country of Particular Concern. 

Let’s not forget that before the bilateral agreement between the 

United States and Vietnam agreed to, Ambassador John Hanford 

removed CPC status because he was told that there was a whole 

series of what he called deliverables, and ending of forced renunciations of faith was one of those and a greater expansion of freedom. 

I travelled to Vietnam, went to Hanoi, Hue, and Saigon. Met 

with about 60 pastors. I went and visited with the Venerable Thich 

Quang Do in his pagoda and another high-ranking leader of the 

43

Unified Buddhist Church, who was also under house arrest in another pagoda, and they were all hopeful. 

We were told the Vietnamese Government, with the trade agreement things would change. Almost immediately after that bilateral 

trade agreement went into effect, there was a snapback and retaliation has been brutal ever since and many of the people who 

signed Bloc 8406 and that wonderful manifesto for freedom and 

human rights became a hit list for the Vietnamese Government. 

So we have to be forewarned, eyes wide open that we are not kidding as a government. Vietnam has to change in a very significant 

way. 

Free the political prisoners, end the renunciations of faith and I 

think the Danang concern that you’ve raised, Dr. Thang, is an excellent one because we had, as you recall, hearings on how that 

land was stolen and how people were killed and you reiterated 

some of that today. 

So if you’d like to speak to any of those points and then we’ll conclude. 

Mr. THANG. Yes, Mr. Chairman. Ms. Hong, we got words from 

her a few days ago. Last week she did go to make a prison visit 

to her husband in prison. 

His health doesn’t look promising. He’s still being denied access 

to medical care. Ms. Hong herself was in very frail health and 

therefore she had to skip for the past 2 months a prison visit to 

her husband. 

I’d like to point out Vietnam’s response to the official communication from six human rights experts from the U.N. 

Just last month they came with a response claiming that Ms. 

Hong wasn’t tortured, wasn’t beaten, but she bumped her head 

against the taxi, the car that was taking her to the People’s Committee office and injured herself, and she was very aggressive and 

abusive. 

She was a menace to the public security agents. That’s their response. But, you know, she is very petite and very frail herself. 

So I couldn’t imagine that she could pose any threat to those bullying public security agents at all. But the positive aspect of it is 

is that they stopped harassing her since the day that Rabbi 

Saperstein made the phone call directly to the Vietnamese Embassy in town and the U.N. special rapporteurs came out with a 

public statement denouncing the mistreatment of Ms. Hong. 

That points to the fact that the more attention given to people 

inside Vietnam, the communities who are under persecution inside 

Vietnam, the more intense the attention, the better off they are. 

That’s why I suggested that Members of Congress take all the 

available opportunities to communicate directly their concerns to 

the Vietnamese Government. 

Now, the persecution against Pastor Nguyen Cong Chinh and 

Ms. Hong is just reflective of a long-term consistent policy from the 

top leadership of the Communist Party of Vietnam to eradicate all 

independent house churches in the Central Highlands. 

In 2002, the Communist Party set up the so-called Central Highlands Steering Committee to oversee the implementation of that 

policy and then 2 years later the Ministry of Public Security estabVerDate 0ct 09 2002 13:25 Jun 23, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 6633 Sfmt 6633 Z:\WORK\_AGH\052517\25559 SHIRL
44

lished the so-called Central Highlands Security Bureau to execute 

that policy. 

And therefore the ordinance on belief and religion of 2014 didn’t 

change that policy at all. The designation of CPC status for Vietnam and the lifting of that designation didn’t change that policy at 

all. 

On February 27, 2015, on the Web site of General Tran Dai 

Quang there is an article. At the time he was the Minister of Public Security. 

There was an article extolling the exploits of the public security 

forces in Central Highlands and this is the verbatim statement:

‘‘When I arrived in the Central Highlands, our task of 

rescuing the people from the evil Ha Mon cult . . .’’

Hai Mon is actually a Catholic variance based on the common belief that the Virgin Mary did appear in Ha Mon location and that 

stirs a lot of Montagnard to become Catholics.

‘‘. . . was accomplished only recently. The Security Team 

of the Police Force of the Town of Kontum performed deeds 

that were representative of the indefatigable efforts of 

safety forces throughout the Central Highlands in our 

fight against reactionary enemy forces disguised as ethnic 

religious groups.’’

Unfortunately, General Tran Dai Quang, the former Minister of 

Public Security, is not Vietnam’s President, and that might explain 

why things have gotten worse over the past 12 months. 

And I would like to also add one point here about APEC Summit. 

It shouldn’t be held in Danang City because Prime Minister 

Nguyen Xuan Phuc knows very well about that incident. 

He’s fully aware about that incident, about Con Dao Parish. The 

Con Dao parishioners have twice engaged and talked directly to 

him when he was still the Vice Prime Minister and after he had 

become the Prime Minister, the parishioners of Con Dao also 

talked with him directly one more time. 

So he’s fully aware of that incident and he should understand 

why we have so much concern about having the APEC Summit 

held in Danang City. That would bring all the issues about religious persecution, torture, land grabbing into sharper focus. 

Thank you. 

Mr. SMITH. Let me just ask, if I could, your recommendations to 

the President and to the State Department, and I think it bears 

underscoring how important it is to—and it’s the law. 

And as you know, I am the author of the Frank Wolf International Religious Freedom Act that was signed at the end of last 

year and that requires designated persons lists and the idea of a 

religious prisoners list so we know who it is regardless of their denomination or faith tradition that are being held and are prisoners 

of conscience. 

You did ask that the State Department investigate 200 Vietnamese Government officials implicated in gross violations of 

human rights. 

They certainly can be made inadmissible to the United States 

pursuant to the Magnitsky Act—brand new human rights legislaVerDate 0ct 09 2002 13:25 Jun 23, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 6633 Sfmt 6633 Z:\WORK\_AGH\052517\25559 SHIRL
45

tion—and they ought to be and have to be, and we can do identical, 

in a parallel way, with the new International Religious Freedom 

Act, make them—those who persecute based on faith inadmissible 

to the United States and other things as well like not being able 

to use our financial system. 

I think what should go forward from this hearing is that we are 

calling on the Trump administration to implement the law 

robustly. 

Not a cursory way, not just a few individuals but to be as comprehensive as possible and I think this is an engraved invitation 

to you, to Mr. Kumar, and others what you do already but to all 

of us, when we know of someone or have lists to get it to State, 

get it to the White House, get these people on the list if the information is accurate, and I know you painstakingly seek accuracy, so 

that we focus on those who are committing these crimes. 

In 2004, I authored a bill called the Belarus Democracy Act and 

that had these similar provisions like we put into the Frank Wolf 

International Religious Freedom Act and that was to hold individuals to account. 

So if you’re part of a regime that tortures and abuses, you can’t 

come here nor can your family. We don’t want you here. We think 

you should be prosecuted, frankly, but that’s probably not going to 

happen but at least the inadmissibility to the U.S. has to become 

a mainstay of our human rights work and it will make a difference. 

So, again, if you wanted to elaborate or speak to that issue and 

also on the issue of human trafficking and we have had specific 

hearings on human trafficking and the abuse of labor trafficking 

especially by the Vietnamese Government. 

I wrote the Trafficking Victims Protection Act and the very first 

case prosecuted by the U.S. Government was a Vietnamese case 

which has never been adequately resolved with Daiwa. 

And, you know, it just shows the past is prologue. They still, I 

believe, with a great deal of impunity, violate the rights of their 

own citizens by turning into commodities people’s labor, completely 

in contravention of ILO standards. 

So if you wanted to speak to that as well and then we will conclude. 

Mr. THANG. Yes, Mr. Chairman. 

I would like to elaborate on the fact that since January 2014 our 

organization, Boat People SOS, has joined with two other organizations, one based in England and the other one based in Germany, 

to train people inside Vietnam, especially members of independent 

religious communities and indigenous communities, on how to compile and prepare reports to the U.N. special rapporteurs and so far 

they have generated over 100 reports—incident reports, and we 

have shared most of them with the State Department. 

And in those reports there is a very elaborate process to identify 

government officials who are behind the violations and we have 

lists of witnesses. 

We have contact information. So it has been very, very thoroughly worked on we are very confident about the accuracy of the 

information in there. 

46

And we continue to train people inside Vietnam to become 

rapporteurs themselves. So we will continue to produce and submit 

reports to your subcommittee. 

Regarding human trafficking, things haven’t changed at all. Most 

alarming is that—you still remember the case in Jordan, and you 

talk with the King of Jordan, the Queen of Jordan about that case. 

That involved over 250 Vietnamese workers who are under slavery 

conditions in Jordan. 

At the time, we got a copy of a communique from Vietnam to an 

interagency delegation from Hanoi Center, Jordan—Amman, Jordan—to identify the strike leaders and take them home for punishment and the one who authored that or approved that order was 

none other than the then Minister of Labor, Invalids, and Social 

Affairs (MOLISA) and she’s now the Chairwoman of Vietnam’s National Assembly. 

So I don’t think that things would change at all with regard to 

the fight against human trafficking by the Vietnamese Government. So she got promoted, and you know many other instances 

where the perpetrators got promoted. Those who committed or who 

are complicit in human trafficking got promoted to higher positions 

in the Government of Vietnam before. 

Mr. SMITH. Mr. Kumar? 

Thank you both, all three of you, for your very, very incisive testimony, for your leadership. You know, we will be looking at some 

additional legislation toward Vietnam. 

Four times the House passed the Vietnam Human Rights Act, 

which I was a sponsor of, with great input from both of you, and 

each time it failed in the Senate, even though we had overwhelming bipartisan support in the House. 

So we are looking at a new imitative and above all right now we 

are asking the President to raise these issues and the State Department, and you have provided tremendous insight as to what 

those issues ought to be and also to enforce our law and hold the 

country itself responsible and also individuals who are perpetrating 

these horrific crimes. 

The hearing is adjourned. 

[Whereupon, at 1:57 p.m., the committee was adjourned.] 

(47)

A P P E N D I X 

MATERIAL SUBMITTED FOR THE RECORD

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SUBCOMMITTEE HEARING NOTICE 

COMMITTEE ON FOREIGN AFFAIRS 

U.S. HOUSE OF REPRESENT A TTVES 

WASHINGTON, DC 20515-6128 

Subcommittee on Africa, Global Health, Global Human Rights, and International 

Organizations 

Christopher H. Smith (R-NJ), Chairman 

May 25,2017 

TO: MEMBERS OF THE COMMITTEE ON FOREIGN AFFAIRS 

You are respectfully requested to attend an OPEN hearing of the Committee on Foreign 

A±Iairs, to be held by the Subcommittee on Africa, Global Health, Global Human Rights, and 

International Organizations in Room 2172 of the Rayburn House Otllce Building (and available 

live on the Committee website at http://www.ForeignAlTairs.hoL!Se.gov): 

DATE: 

TIME: 

SUBJECT: 

WITNESSES: 

Thursday, May 25, 2017 

1230p.m. 

Vietnam: Why Religious Freedom and Human Rights Are Critical to U.S. 

National Interests 

Quan Q. Nguyen, M.D. 

Chairman 

Rallying for Democracy 

Nguyen Dinh Thang, Ph.D. 

President and Chief Executive Otlicer 

Boat People SOS 

Mr. T. Kumar 

Director of International Advocacy 

Amnesty International 

By Direction of the Chairman 
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COMMITTEE ON FOREIGN AFFAIRS 

M l N UTES 01' SUBCOMMl'lvfEE ON Africa. Gtobrilllealtll, GfolHlt IImmm Rights, amlllltcmaricmal Otgnm'zatilms HEARING 

Day __ 7:_7'-'-"'--'-'-"''-'-l<-"tJ'--' __ Date, ___ ll_1_a"'y_2_5"-,_2_11_Tc_7 __ ,ll.oom 2172 Rayb11rn HOB 

Starting Time, 12:36p.,11J., Ending Time, 1:5Jf!:!!!::_ ,_ 

Recesses L!i _ -~ L_to __ ) L_to __ ) L_to ______) L_to ______) L_to __ ) L_to __ ) 

P•·eshling Memher(s) 

llep. Chris Smith 

Check all oftltefo/lowittg //tat app(1•: 

Open Session [Z] 

Executive @sed) Session D 

Televised 0 

TITLE OF HEAUINC: 

Electronically UecordWj'taped) [Z] 

Stenographic Record L£J 

Vietnam: Why Religious Freedom mul Human Rights Arc Cl'iticalto U.S. National Interests 

SUBCOMMITTEE MElHBERS PRESENT: 

Rep. Karen Ba.\·.~ra·, Rep. Tom Garrett 

NON-SUBCOJ'IIMlTTEE MEMBERS PRESENT: (Mark with an* if they are not members qffii// commillee) 

Rep. Ed Royce, Rep. Ahm Lowenthal* 

HEARL~C WITNESSES: Same as meeting notice attached? Yes [2] No 0 

(If "nv ",please lis/ belmt: and indude title, agency, depart men/, or organizafion.) 

STATEMENTS FOR THE RECORD: (List any statements submitted for the record.) 

Opening Statement of Rep. Cfuis Smith, submitted by Rep. Cfll'is Smitlt 

Letterji'OJII Rep. Engel to Sec. Tillersonon hum"nri~:hts in Vietmtm, submitted by Rep. Eliot Engel 

Stateme/11 of Rep. Geny Connolly, submitted by Rep. Geny Comwlly 

l:elle•· on Uen Tl'i Buddhist Temple, submitted by Rep. Alan rmveuthal 

Followup letter on Lien Tl'i Budd/tis/ Temple, submitted by Rep. Alan Lowenthal 

TIME SCHEDULED TO RECONVENE ___ _ 

or 

TlMEADJOURNED 1:57p.m. 

Subcommittee aff Associate 
50

MATERIAL SUBMITTED FOR THE RECORD BY THE HONORABLE ELIOT L. ENGEL, A

REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK


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The Honorable Re-x Tillerson 

May 22,2017 

Page Two 

l believe that respect for human rights and human dignity are. in facl, not American 

values, but universal values. I also believe that our advocacy for more free open societies 

around the worlrl is not just our moral obligation, but indeed fundarnentaJ. to our national interest. 

Thank you for your attention to this critical issue :md llook forward to your response. 

Sincerely, 
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25559f-1.eps

Statement for the Record 

Submitted by Mr. Connofly of Virginiu 

Despite increased cooperation between the United States and Vietnam in recent years, the Vietnamese 

people continue to suffer human rights abuses and the suppression of religious freedom. The Vietnamese 

Communist Party restricts freedom of expression by arresting members of the media and harassing those 

critical of the government. The State Department's 2016 Human Rights Report states "the most 

significant human rights problems in the country were severe government restrictions of citizens' 

political rights.'' The Vietnamese Government forces religious groups to register with the government in 

order to obtain official recognition. However, the government denies or refuses to answer many of these 

requests. When a religious group does register, the government tends to interfere with its operations or 

victimize its adherents. 

In my Northern Virginia district, we have a vibrant Vietnamese American community. I have heard 

tirsthand from my constituents the stories of abuse experienced at the hands of the Communist Party. 

Our local Vietnamese community includes some of the nearly 130,000 refugees who tled Vietnam for 

the U.S. in 1975 at the end of the Vietnam War and some of the more than 500,000 political refugees 

who came to the U.S. over the last 30 years. They have integrated into our schools, our workplaces, and 

our places of worship. Many of these first-generation immigrants have worked to imbue our concept of 

global human rights with an understanding of the depredations occurring in Vietnam, home to the 

greatest number of political prisoners in Southeast Asia 

Congress has traditionally played an important role calling attention to the human rights abuses in 

Vietnam and condemning the Government of Vietnam for limiting freedom of speech and religion and 

suppressing political dissent and workers' rights. I am a proud member of the Congressional Caucus on 

Vietnam, which provides Congressional support for initiatives that advance the cause of human rights in 

Vietnam. Last Congress, I joined with my colleague, Rep. Chris Smith (R-NJ), to introduce the Vietnam 

Human Rights Act (H.R. 2I40), which prohibits U.S. non-humanitarian assistance to the Government of 

Vietnam that exceeds the amount appropriated in FY2014 unless the Government of Vietnam meets 

important human rights benchmarks. Since President Obama announced the complete litling of the anns 

embargo against Vietnam, my colleagues and I have been monitoring closely and opposing any security 

assistance proposal that could imperil the human rights of the Vietnamese people. For FY2017, the U.S. 

will provide over $100 million on aid programs in Vietnam, and we must ensure that those U.S. foreign 

assistance dollars promote economic reform and governance programs that are consistent with our 

values. 

The hard truth is that when the U.S. does not act as a forceful advocate for our values and our interests 

abroad, we leave a vacuum. That is certainly the case in Vietnam, where China would be glad to play a 

greater role either through increased trade or improved security cooperation. The United States had an 

historic opportunity to promote our values in Vietnam with the Trans-Pacific Partnership, which would 

have strengthened ties to emerging partners like Vietnam and established labor rights, environmental 

standards, and human rights protections as a pre-requisite for close trade ties. Unfortunately, the Trump 

Administration abandoned TPP and retreated further by sending Congress a budget that cuts U.S. 

development and diplomacy programs by 31 percent. We don't make America great again by 

withdrawing from the world. When U.S. leadership retreats, instability rises and adversaries who do not 

share our interests and values till the vacuum. 
53

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It is no coincidence that right after we walked away from TPP, the Chinese moved ahead with their own 

alternative trade agreement, the Regional Comprehensive Economic Partnership, which meets none of 

the standards that the U S. fought so hard to include in TPP. Countries like Vietnam should be exhorted 

to improve their human rights record if they want to integrate into the international community. 

Together, Congress and the human rights community should continue to work to improve the lives of 

the Vietnamese population suffering at the hands of the government and its oppressive policies. I hope 

we can continue decades of concerted action on Capitol Hill between Vietnam human rights advocates 

and Congress to advance this important cause. I look forward to hearing from our witnesses on how 

advancing American values including human rights and religious freedom is critical to US. national 

interests. 
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As the planned seizure and demolition of the temple is scheduled to take place sometime this 

month, we respectfully urge your immediate intervention, Thank you for your prompt attention 

to this matter and we look forward to hearing from you, 

Sincerely, 

ALAN LOWENTHAL 

Member of Congress 

of£),~ LORETTASANCHEZ zrMember of Congress 
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MATERIAL SUBMITTED FOR THE RECORD BY THE HONORABLE ALAN S. LOWENTHAL, A

REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA


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Sincerely, 

Member of Congress 

Member of Congress