I 

116TH CONGRESS 

1ST SESSION H. R. 1383 

To advance United States national interests by prioritizing the protection 

of internationally recognized human rights and development of the rule 

of law in relations between the United States and Vietnam, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2019 

Mr. SMITH of New Jersey (for himself, Ms. LOFGREN, and Mr. LOWENTHAL) 

introduced the following bill; which was referred to the Committee on 

Foreign Affairs 

A BILL 

To advance United States national interests by prioritizing 

the protection of internationally recognized human rights 

and development of the rule of law in relations between 

the United States and Vietnam, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Vietnam Human Rights Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title. 

Sec. 2. Statement of policy. 

Sec. 3. Release of political and religious prisoners in Vietnam. 

Sec. 4. Application of Global Magnitsky Human Rights Accountability Act. 

Sec. 5. International religious freedom. 

Sec. 6. Internet freedom. 

Sec. 7. Annual country reports on human rights practices. 

Sec. 8. United States assistance to support counting of women and girls in 

Vietnam. 

Sec. 9. Illegal expropriation of properties of United States citizens by the Government of Vietnam. 

Sec. 10. Prioritize ethnic minority development in Vietnam. 

Sec. 11. United States public diplomacy. 

Sec. 12. Sense of Congress on sales of lethal military equipment or services to 

the Government of Vietnam. 

Sec. 13. Annual reports on United States-Vietnam human rights dialogue meetings. 

Sec. 14. Restrictions on nonhumanitarian assistance to the Government of Vietnam. 

1 SEC. 2. STATEMENT OF POLICY. 

2 (a) STATEMENT OF POLICY.—It is the policy of the 

3 United States to— 

4 (1) support a strong, prosperous, and inde5 pendent Vietnam that promotes and protects human 

6 rights, embraces fully the rule of law, and allows an 

7 open space for civil society, media, and independent 

8 religious institutions and labor unions; 

9 (2) strengthen the bilateral relationship with 

10 Vietnam while recognizing that continued progress 

11 and the success of the United States-Vietnam stra12 tegic partnership will depend on the Government of 

13 Vietnam’s commitment to abide by its international 

14 commitments, adhere to universal standards, and 

15 protect the fundamental human rights of the Viet16 namese people; 


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1 (3) hold an annual results-based dialogue fo2 cused on human rights issues with senior officials of 

3 the Government of Vietnam, informed by prior con4 sultation with the Vietnamese-American community, 

5 human rights groups, and other experts and non6 governmental organizations about issues of concern; 

7 (4) embed human rights concerns across the 

8 full spectrum of official interactions between the 

9 Government of the United States and the Govern10 ment of Vietnam, including in all aspects of the 

11 United States-Vietnam Comprehensive Partnership, 

12 recognizing the relevance of human rights improve13 ments in Vietnam for United States national inter14 ests and the relevance of a ‘‘whole of government’’ 

15 approach to human rights promotion that views con16 crete improvements as key parts of an ongoing dis17 cussions on trade, security, humanitarian coopera18 tion, and economic development; 

19 (5) assess Vietnam’s progress toward respecting 

20 the basic rights of workers, as described in each re21 port required by section 702 of the Foreign Rela22 tions Authorization Act, Fiscal Year 2003 (Public 

23 Law 107–228; 22 U.S.C. 2151n note) and in light 

24 of the commitments specified in the United States25 Vietnam Plan for Enhancement of Trade and Labor 


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1 Relations, notwithstanding the fact that the Trans 

2 Pacific Partnership did not go into effect; 

3 (6) press for ratification of ILO Conventions 

4 No. 87 (Freedom of Association and Protection of 

5 the Right to Organize) and No. 98 (Right to Orga6 nize and Collective Bargaining) and the recognition 

7 of independent labor unions; 

8 (7) evaluate future trade negotiations with the 

9 Government of Vietnam in accordance with the cri10 teria set forth for country eligibility under sub11 sections (b)(2) and (c) of section 502 of the Trade 

12 Act of 1974 (19 U.S.C. 2462), relating to the Gen13 eralized System of Preferences, and in accordance 

14 with the provisions of the Bipartisan Congressional 

15 Trade Priorities and Accountability Act of 2015 

16 (title I of Public Law 114–26; 19 U.S.C. 4201 et 

17 seq.); 

18 (8) assess whether there are any foreign per19 sons working directly or indirectly for the Govern20 ment of Vietnam who, based on credible evidence— 

21 (A) are responsible for extrajudicial 

22 killings, torture, enforced disappearances, or 

23 prolonged detention without trial against indi24 viduals in Vietnam who seek— 


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1 (i) to expose illegal activity carried 

2 out by government officials; or 

3 (ii) to obtain, exercise, defend, or pro4 mote internationally recognized human 

5 rights and freedoms, such as the freedoms 

6 of religion, expression, association, and as7 sembly, and the rights to a fair trial and 

8 democratic elections; 

9 (B) acted as agents of or on behalf of a 

10 foreign person in a matter relating to an activ11 ity described in subparagraph (A); 

12 (C) are government officials, or senior as13 sociates of any such official, who are respon14 sible for, or complicit in, ordering, controlling, 

15 or otherwise directing, acts of significant cor16 ruption, including the expropriation of private 

17 or public assets for personal gain, corruption 

18 related to government contracts or the extrac19 tion of natural resources, bribery, or the facili20 tation or transfer of the proceeds of corruption 

21 to foreign jurisdictions; or 

22 (D) have materially assisted, sponsored, or 

23 provided financial, material, or technological 

24 support for, or goods or services in support of, 

25 an activity described in subparagraph (C). 


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1 SEC. 3. RELEASE OF POLITICAL AND RELIGIOUS PRIS2 ONERS IN VIETNAM. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) Since January 2017 at least 35 human 

5 rights activists and bloggers have been arrested in 

6 Vietnam. Nineteen of these individuals have already 

7 been convicted and sentenced to jail terms and the 

8 other 16 individuals have been formally charged and 

9 placed in pre-trial detention. These individuals have 

10 been sentenced to an estimated 1,000 years of im11 prisonment to be followed by 204 years under house 

12 arrest. 

13 (2) There are over 100 Vietnamese currently 

14 detained or imprisoned for political or religious rea15 sons. Prisoners include human rights defenders, 

16 bloggers, lawyers, religious leaders, trade unionists, 

17 land rights activists, political dissidents, environ18 mental campaigners, and others arrested for exer19 cising their internationally guaranteed rights, such 

20 as the right to freedom of expression, to promote 

21 and protect the rights of others. 

22 (3) There are also a significant number of reli23 gious prisoners affiliated with independent religious 

24 communities, including some who have actively en25 gaged in the promotion and protection of freedom of 

26 religion and others who have been detained simply 


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1 for professing or practicing their faith outside gov2 ernment approved limits. 

3 (4) The charges most commonly used against 

4 political and religious prisoners include charges 

5 under— 

6 (A) Article 79 (relating to carrying out ac7 tivities aimed at overthrowing the people’s ad8 ministration); 

9 (B) Article 87 (relating to undermining 

10 national unity policy); 

11 (C) Article 88 (relating to conducting 

12 propaganda against the Government of Viet13 nam); 

14 (D) Article 89 (relating to disrupting secu15 rity); 

16 (E) Article 245 (relating to causing public 

17 disorder); 

18 (F) Article 247 (relating to performing su19 perstitious practices); 

20 (G) Article 257 (relating to resisting per21 sons in the performance of their official duties); 

22 and 

23 (H) Article 258 (relating to abusing demo24 cratic freedoms to infringe upon the interests of 

25 the state). 


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1 (5) In 2013, the Prime Minister of Vietnam 

2 issued Decree 72 to further restrict internet freedom 

3 in Vietnam. 

4 (b) REPEAL OF CERTAIN LAWS AND ADMINISTRA5 TIVE DECREES.—The Secretary of State, in discussions 

6 with the Government of Vietnam, should— 

7 (1) urge the Government of Vietnam to repeal 

8 laws and administrative decrees restricting freedom 

9 of expression, association, and peaceful assembly in 

10 Vietnam, including laws relating to ‘‘propaganda 

11 against the state’’ and ‘‘taking advantage of demo12 cratic freedoms to injure the national unity’’; 

13 (2) urge the Government of Vietnam to repeal 

14 articles 109, 116, 117, 118, and 331 of the Penal 

15 Code and bring its penal code in conformity with the 

16 International Covenant on Civil and Political Rights 

17 (ICCPR); 

18 (3) urge the Government of Vietnam to revise 

19 the Law on Cyber Security and bring it into compli20 ance with international human rights standards; and 

21 (4) urge the Government of Vietnam— 

22 (A) to stop arresting prodemocracy 

23 bloggers and other individuals who use the 

24 internet to criticize the government; and 


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1 (B) to release those prodemocracy bloggers 

2 who are imprisoned. 

3 (c) RELEASE OF POLITICAL AND RELIGIOUS PRIS4 ONERS.—The Secretary of State, in discussions with the 

5 Government of Vietnam, should seek, as a critical condi6 tion of stronger United States-Vietnam relations, the im7 mediate and unconditional release all political and reli8 gious prisoners, including Dao Quang Thuc, Tran Thi 

9 Xuan, Nguyen Van Tuc, Nguyen Bac Truyen, Pham Van 

10 Troi, Pastor Nguyen Trung Ton, Truong Minh Duc, 

11 Nguyen Trung Truc, and the Most Venerable Thich 

12 Quang Do. 

13 SEC. 4. APPLICATION OF GLOBAL MAGNITSKY HUMAN 

14 RIGHTS ACCOUNTABILITY ACT. 

15 Officials of the Government of Vietnam who are re16 sponsible for or complicit in torture, extrajudicial killings, 

17 the arbitrary detention of political and religious prisoners, 

18 or other gross violations of internationally recognized 

19 human rights should be, as warranted, sanctioned con20 sistent with section 1263 of the Global Magnitsky Human 

21 Rights Accountability Act (subtitle F of division A of title 

22 XII of the National Defense Authorization Act for Fiscal 

23 Year 2017 (Public Law 114–328; 22 U.S.C. 2656 note)). 

24 SEC. 5. INTERNATIONAL RELIGIOUS FREEDOM. 

25 (a) FINDINGS.—Congress finds the following: 


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1 (1) The promotion and protection of the univer2 sally recognized right to the freedom of religion is a 

3 priority of United States foreign policy as stated in 

4 section 402 of the International Religious Freedom 

5 Act of 1998 (22 U.S.C. 6442) and the Bipartisan 

6 Congressional Trade Priorities and Accountability 

7 Act of 2015 (title I of Public Law 114–26; 19 

8 U.S.C. 4201 et seq.) which requires the Administra9 tion to take religious freedom into account when ne10 gotiating trade agreements. 

11 (2) Countries that protect religious freedom are 

12 more prosperous, stable, peaceful and democratic. 

13 Thus, the severe restrictions faced by religious 

14 groups in Vietnam, such as members of the United 

15 Buddhist Church of Vietnam (UBCV), Catholics, 

16 and independent Hoa Hao Buddhists, Cao Dai, and 

17 Protestants groups, are detrimental to the interests 

18 of both the United States and Vietnam. 

19 (3) Since 2016, the Government of Vietnam has 

20 reportedly stepped up its efforts to force 

21 Montagnard and Hmong Christians to renounce 

22 their faith, expropriate lands and other real prop23 erties belonging to independent religious commu24 nities, destroy Hoa Hao Buddhist and Cao Dai 

25 houses of worship, and arrest and detain religious 


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1 leaders. Religious leaders and advocates of religious 

2 freedom remain in prison. 

3 (b) STATEMENT OF POLICY.—Since the protection of 

4 religious freedom is vital to peace, stability, and pros5 perity, and countries with the highest levels of restrictions 

6 on religious freedom are often those countries seeking to 

7 undermine United States national interests, it is the policy 

8 of the United States to— 

9 (1) prioritize religious freedom in bilateral rela10 tions, including with the Government of Vietnam, by 

11 fully implementing the provisions of the Frank R. 

12 Wolf International Religious Freedom Act (Public 

13 Law 114–281); and 

14 (2) strategically employ sanctions and other 

15 tools under the International Religious Freedom Act 

16 of 1998 (22 U.S.C. 6401 et seq.). 

17 (c) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) Vietnam should be designated as a country 

20 of particular concern for religious freedom under 

21 section 402(b) of the International Religious Free22 dom Act of 1998 (22 U.S.C. 6442(b)) because there 

23 are a significant number of individuals imprisoned 

24 for their religious activity or advocacy for religious 


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1 freedom and for ‘‘systematic, egregious, and ongo2 ing’’ violations of religious freedom; 

3 (2) the President, in making the annual des4 ignations under section 402(b) of such Act, should 

5 take into account the annual report of the United 

6 States Commission on International Religious Free7 dom under section 203 of such Act and the Commis8 sion’s assessment that the designation of Vietnam as 

9 a country of particular concern for religious freedom 

10 from 2004 to 2006 led to tangible improvements in 

11 religious freedom conditions while trade and security 

12 cooperation increased; and 

13 (3) because the Government of Vietnam tightly 

14 controls religious institutions and then persecutes 

15 those individuals who establish or operate inde16 pendent religious institutions and genuinely non17 governmental organizations, the Secretary of State 

18 should— 

19 (A) use all available diplomatic, develop20 ment, economic assistance, and political tools to 

21 ensure that independent religious and civil soci22 ety organizations can operate freely and without 

23 restriction in Vietnam; and 

24 (B) raise these issues in all appropriate 

25 statements, dialogues, reports, and negotiations 


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1 between the United States and Vietnam and in 

2 multi-lateral institutions where the United 

3 States and Vietnam are members. 

4 SEC. 6. INTERNET FREEDOM. 

5 (a) FINDING.—Congress finds that Vietnam con6 tinues to have one of the world’s most restrictive internet 

7 environments, with pervasive filtering of content and the 

8 frequent arrests of bloggers and others whose only offense 

9 is to advocate online for positions different than those held 

10 by the government. 

11 (b) STATEMENT OF POLICY.— 

12 (1) FINDING.—Congress finds that a free and 

13 open internet and the free flow of news and informa14 tion— 

15 (A) are fundamental components of United 

16 States foreign policy because they foster eco17 nomic growth, protect individual liberties, and 

18 advance national security; 

19 (B) are critical to the advancement of both 

20 United States economic interests and inter21 nationally recognized human rights globally; 

22 and 

23 (C) are severely hindered by Vietnam’s Cy24 bersecurity Law which would allow the Viet25 namese Government to access private data, spy 


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1 on users, require United States businesses to 

2 turn over personally identifiable information or 

3 block content of users, including outside of 

4 Vietnam, and further restrict already limited 

5 online speech. 

6 (2) STATEMENT OF POLICY.—It is the policy of 

7 the United States to— 

8 (A) pursue an open and free internet in 

9 Vietnam; 

10 (B) engage all appropriate instruments of 

11 United States influence to promote the free 

12 flow of news and information in Vietnam, with13 out interference or discrimination through the 

14 internet and other electronic media; and 

15 (C) assist United States businesses in Viet16 nam which are required to store data locally 

17 and disclose user data or block user content at 

18 the request of government authorities in resist19 ing such mandates. 

20 (c) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) the United States should pursue trade poli23 cies with Vietnam that expand the information econ24 omy in Vietnam by— 


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1 (A) ensuring the free flow of information 

2 and across the global network; 

3 (B) promoting stronger international 

4 transparency rules; and 

5 (C) ensuring fair and equal treatment of 

6 online services regardless of country of origin; 

7 (2) that Department of State, together with the 

8 Department of Commerce, should assist United 

9 States internet companies to fulfill their stated mis10 sions to promote openness and connectivity by push11 ing back against the Vietnamese Government’s re12 quests to remove political speech or the content of 

13 citizen journalists, especially when content is re14 moved from the accounts of users in the United 

15 States; and 

16 (3) the Office of Internet Freedom within the 

17 United States Agency for Global Media and the 

18 Internet Freedom and Business and Human Rights 

19 Section within the Bureau of Democracy, Human 

20 Rights, and Labor of the Department of State 

21 should prioritize— 

22 (A) the distribution of anti-censorship cir23 cumvention tools for computers and smart 

24 phones in Vietnam; and 


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1 (B) projects to ensure the safety and pri2 vacy of bloggers and journalists in Vietnam. 

3 SEC. 7. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 

4 PRACTICES. 

5 (a) REPORT RELATING TO ECONOMIC ASSIST6 ANCE.—Section 116 of the Foreign Assistance Act of 

7 1961 (22 U.S.C. 2151n) is amended by adding at the end 

8 the following new subsection: 

9 ‘‘(h)(1) The report required by subsection (d) shall 

10 include an assessment of freedom of expression with re11 spect to electronic information in each foreign country. 

12 Such assessment shall consist of the following: 

13 ‘‘(A) An assessment of the extent to which gov14 ernment authorities in each country inappropriately 

15 attempt to filter, censor, or otherwise block or re16 move nonviolent expression of political or religious 

17 opinion or belief via the internet, including electronic 

18 mail, as well as a description of the means by which 

19 such authorities attempt to block or remove such ex20 pression. 

21 ‘‘(B) An assessment of the extent to which gov22 ernment authorities in each country have persecuted 

23 or otherwise punished an individual or group for the 

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1 logical opinion or belief via the internet, including 

2 electronic mail. 

3 ‘‘(C) An assessment of the extent to which gov4 ernment authorities in each country have sought to 

5 inappropriately collect, request, obtain, or disclose 

6 personally identifiable information of a person in 

7 connection with such person’s nonviolent expression 

8 of political, religious, or ideological opinion or belief, 

9 including expression that would be protected by the 

10 International Covenant on Civil and Political Rights. 

11 ‘‘(D) An assessment of the extent to which wire 

12 communications and electronic communications are 

13 monitored without regard to the principles of pri14 vacy, human rights, democracy, and rule of law. 

15 ‘‘(2) In compiling data and making assessments for 

16 the purposes of paragraph (1), United States diplomatic 

17 personnel shall consult with human rights organizations, 

18 technology and internet companies, and other appropriate 

19 nongovernmental organizations. 

20 ‘‘(3) In this subsection— 

21 ‘‘(A) the term ‘electronic communication’ has 

22 the meaning given such term in section 2510 of title 

23 18, United States Code; 


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1 ‘‘(B) the term ‘internet’ has the meaning given 

2 such term in section 231(e)(3) of the Communica3 tions Act of 1934 (47 U.S.C. 231(e)(3)); 

4 ‘‘(C) the term ‘personally identifiable informa5 tion’ means data in a form that identifies a par6 ticular person; and 

7 ‘‘(D) the term ‘wire communication’ has the 

8 meaning given such term in section 2510 of title 18, 

9 United States Code.’’. 

10 (b) REPORT RELATING TO SECURITY ASSISTANCE.— 

11 Section 502B of the Foreign Assistance Act of 1961 (22 

12 U.S.C. 2304) is amended— 

13 (1) by redesignating the second subsection (i) 

14 (relating to child marriage status) as subsection (j); 

15 and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(k)(1) The report required by subsection (b) shall 

19 include an assessment of freedom of expression with re20 spect to electronic information in each foreign country. 

21 Such assessment shall consist of the following: 

22 ‘‘(A) An assessment of the extent to which gov23 ernment authorities in each country inappropriately 

24 attempt to filter, censor, or otherwise block or re25 move nonviolent expression of political or religious 


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1 opinion or belief via the internet, including electronic 

2 mail, as well as a description of the means by which 

3 such authorities attempt to block or remove such ex4 pression. 

5 ‘‘(B) An assessment of the extent to which gov6 ernment authorities in each country have persecuted 

7 or otherwise punished an individual or group for the 

8 nonviolent expression of political, religious, or ideo9 logical opinion or belief via the internet, including 

10 electronic mail. 

11 ‘‘(C) An assessment of the extent to which gov12 ernment authorities in each country have sought to 

13 inappropriately collect, request, obtain, or disclose 

14 personally identifiable information of a person in 

15 connection with such person’s nonviolent expression 

16 of political, religious, or ideological opinion or belief, 

17 including expression that would be protected by the 

18 International Covenant on Civil and Political Rights. 

19 ‘‘(D) An assessment of the extent to which wire 

20 communications and electronic communications are 

21 monitored without regard to the principles of pri22 vacy, human rights, democracy, and rule of law. 

23 ‘‘(2) In compiling data and making assessments for 

24 the purposes of paragraph (1), United States diplomatic 

25 personnel shall consult with human rights organizations, 


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1 technology and internet companies, and other appropriate 

2 nongovernmental organizations. 

3 ‘‘(3) In this subsection— 

4 ‘‘(A) the term ‘electronic communication’ has 

5 the meaning given such term in section 2510 of title 

6 18, United States Code; 

7 ‘‘(B) the term ‘internet’ has the meaning given 

8 such term in section 231(e)(3) of the Communica9 tions Act of 1934 (47 U.S.C. 231(e)(3)); 

10 ‘‘(C) the term ‘personally identifiable informa11 tion’ means data in a form that identifies a par12 ticular person; and 

13 ‘‘(D) the term ‘wire communication’ has the 

14 meaning given such term in section 2510 of title 18, 

15 United States Code.’’. 

16 SEC. 8. UNITED STATES ASSISTANCE TO SUPPORT COUNT17 ING OF WOMEN AND GIRLS IN VIETNAM. 

18 (a) FINDINGS.—Congress finds the following: 

19 (1) Vietnam remains a ‘‘source and, to a lesser 

20 extent, a destination country . . . for sex trafficking 

21 and forced labor.’’. 

22 (2) Vietnamese men and women are subject to 

23 forced labor in ‘‘rehabilitation’’ centers, detention 

24 centers, and prisons and, according to the 2016 An25 nual Report on Trafficking in Persons. 


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1 (3) Vietnamese migrants working in ‘‘state2 owned, private, or joint-stock companies’’ live in 

3 ‘‘situations of exploitation’’ in the construction, fish4 ing, agriculture, mining, logging and manufacturing 

5 sectors in other countries. 

6 (b) IMPLEMENTATION OF THE GIRLS COUNT ACT OF

7 2015 IN VIETNAM.— 

8 (1) FINDINGS.—Congress finds the following: 

9 (A) Vietnam’s male to female sex-ratio dis10 parity has increased despite the Vietnamese 

11 Government’s ending of its policy limiting mar12 ried couples to 2 children. 

13 (B) Experts believe sex ratio disparities 

14 have critical economic and social ramifications 

15 that effect United States interests, exacerbating 

16 the vulnerabilities of women to trafficking, child 

17 marriage, and reducing the ability of women to 

18 seek employment and participate in educational 

19 opportunities and civil society. 

20 (2) AUTHORIZATION.—The Secretary of State 

21 is authorized to establish and support programs to— 

22 (A) monitor and halt bride and sex traf23 ficking of girls and women in Vietnam and 

24 women from other countries in Asia, including 

25 China, as appropriate; and 


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1 (B) address Vietnam’s growing sex-ratio 

2 disparity through economic support and tech3 nical assistance projects as described in section 

4 4(a) of the Girls Count Act of 2015 (Public 

5 Law 114–24; 22 U.S.C. 2151 note). 

6 SEC. 9. ILLEGAL EXPROPRIATION OF PROPERTIES OF 

7 UNITED STATES CITIZENS BY THE GOVERN8 MENT OF VIETNAM. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) The Government of Vietnam has used prop11 erty expropriation both to target independent 

12 churches and religious communities and to retaliate 

13 against individuals who opposed the Vietnamese 

14 Government or Communist Party or disagreed with 

15 their policies. 

16 (2) In November 2003, Vietnam’s National As17 sembly passed Resolution 23/2003/QH11 and Land 

18 Law 13/2003/QH11, which have resulted in the ex19 propriation of properties of Vietnamese Americans, 

20 and ended any possible recourse for United States 

21 citizens to reclaim their properties. 

22 (b) STATEMENT OF POLICY.—It shall be the policy 

23 of the United States to convey to the Government of Viet24 nam that— 


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1 (1) relevant United States law protects prop2 erties of United States citizens against illegal expro3 priation by foreign governments; and 

4 (2) any decision to grant eligibility to the Gov5 ernment of Vietnam under the Generalized System 

6 of Preferences under title V of the Trade Act of 

7 1974, to provide United States foreign assistance to 

8 Vietnam under the Foreign Assistance Act of 1961, 

9 and to provide United States support for loans from 

10 international financial institutions for Vietnam will 

11 be contingent upon whether and the extent to which 

12 the Government of Vietnam has illegally expropri13 ated properties of United States citizens. 

14 SEC. 10. PRIORITIZE ETHNIC MINORITY DEVELOPMENT IN 

15 VIETNAM. 

16 (a) FINDINGS.—Congress finds that— 

17 (1) ethnic minority groups in Vietnam face both 

18 economic pressure, discrimination, and violations of 

19 internationally recognized human rights; and 

20 (2) in prior years, Congress has directed that 

21 funds made available for Economic Support Fund 

22 and technical assistance for Vietnam be used to ‘‘ad23 dress the needs of affected communities and individ24 uals’’ in ethnic minority communities, targeting speVerDate Sep 11 2014 00:26 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1383.IH H1383

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1 cifically those areas and regions with the highest 

2 concentration of human rights violations. 

3 (b) PRIORITIZING ETHNIC MINORITY DEVELOP4 MENT.— 

5 (1) IN GENERAL.—The President is authorized 

6 to provide assistance to address the unique needs of 

7 ethnic minority groups in Vietnam affected by past 

8 or current severe human rights violations, including 

9 violations of the right to religious freedom, expres10 sion, and association. 

11 (2) AVAILABILITY OF AMOUNTS.—Amounts 

12 made available to carry out chapter 4 of part II of 

13 the Foreign Assistance Act of (22 U.S.C. 2346 et 

14 seq.) for economic support programs for Vietnam 

15 are authorized to be made available to carry out 

16 paragraph (1). 

17 (c) CONSULTATIONS.—The Secretary of State shall, 

18 in identifying ethnic minority groups in Vietnam for pur19 poses of subsection (b), consult with relevant nongovern20 mental organizations, including— 

21 (1) Vietnamese-American and representatives of 

22 ethnic minority groups in Vietnam; and 

23 (2) the United States Commission on Inter24 national Religious Freedom. 

25 (d) REPORT.— 


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1 (1) IN GENERAL.—The Secretary of State, in 

2 consultation with the Administrator of the United 

3 States Agency for International Development, shall 

4 submit to the appropriate congressional committees 

5 a report on the implementation of this section, in6 cluding a description of— 

7 (A) programs, projects, and activities to 

8 carry out subsection (b); and 

9 (B) consultations with nongovernmental 

10 organizations and the United States Commis11 sion on International Religious Freedom in ac12 cordance with subsection (c). 

13 (2) INCLUSION IN ANNUAL REPORTS ON

14 UNITED STATES-VIETNAM HUMAN RIGHTS DIALOGUE

15 MEETINGS.—The report required by paragraph (1) 

16 may be submitted to the appropriate congressional 

17 committees as part of the report required under sec18 tion 702 of the Foreign Relations Authorization Act, 

19 Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 

20 2151n note), as amended by section 13 of this Act. 

21 SEC. 11. UNITED STATES PUBLIC DIPLOMACY. 

22 (a) RADIO FREE ASIA TRANSMISSIONS TO VIET23 NAM.—It is the sense of Congress that— 


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1 (1) the United States should take measures to 

2 overcome the jamming of Radio Free Asia by the 

3 Government of Vietnam; and 

4 (2) the United States Agency for Global Media 

5 should maintain current levels of funding for the Vi6 etnamese language services of the Voice of America 

7 and Radio Free Asia. 

8 (b) UNITED STATES EDUCATIONAL AND CULTURAL

9 EXCHANGE PROGRAMS WITH VIETNAM.—It is the sense 

10 of Congress that any programs of educational and cultural 

11 exchange between the United States and Vietnam— 

12 (1) should actively promote progress toward 

13 freedom and democracy in Vietnam by providing op14 portunities to Vietnamese nationals from a wide 

15 range of occupations and perspectives to see freedom 

16 and democracy in action and, also, by ensuring that 

17 Vietnamese nationals who have already dem18 onstrated a commitment to these values are included 

19 in such programs; and 

20 (2) should also recognize and find ways to as21 sist Vietnam’s religious and ethnic diversity. 


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1 SEC. 12. SENSE OF CONGRESS ON SALES OF LETHAL MILI2 TARY EQUIPMENT OR SERVICES TO THE GOV3 ERNMENT OF VIETNAM. 

4 It is the sense of Congress that any sale of lethal 

5 defense articles or defense services under section 38 of the 

6 Arms Export Control Act (22 U.S.C. 2778) to the Govern7 ment of Vietnam, other than a sale of such articles or serv8 ices with respect to which the President determines is di9 rectly related to ensuring United States interests in the 

10 free and open navigation of the South China Sea, should 

11 be conditioned upon additional, significant, and sustained 

12 steps to advance internationally recognized human rights. 

13 SEC. 13. ANNUAL REPORTS ON UNITED STATES-VIETNAM 

14 HUMAN RIGHTS DIALOGUE MEETINGS. 

15 Section 702 of the Foreign Relations Authorization 

16 Act, Fiscal Year (Public Law 107–228; 22 U.S.C. 2151n 

17 note) is amended by adding at the end the following: 

18 ‘‘(9) Ending incidents of torture, police beat19 ings, deaths in police custody, and mob or societal 

20 violence targeting religious groups or dissidents. 

21 ‘‘(10) Returning properties of independent reli22 gious communities or organizations that have been 

23 reportedly expropriated by the Government of Viet24 nam or by government-sanctioned religious organiza25 tions. 


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1 ‘‘(11) Addressing individual claims by United 

2 States citizens whose properties have been expropri3 ated by the Government of Vietnam without effec4 tive, prompt, and fair compensation. 

5 ‘‘(12) Implementing section 4 of the Girls 

6 Count Act of (Public Law 114–24; 22 U.S.C. 2151 

7 note) and how such section has been applied in Viet8 nam. 

9 ‘‘(13) Implementing economic development 

10 projects funded by the Ethnic Minority Development 

11 Fund and progress of each such project. 

12 ‘‘(14) Ensuring internet freedom and specific 

13 efforts to ensure the safety and privacy of Viet14 namese bloggers and journalists on the internet or 

15 other forms of electronic communication.’’. 

16 SEC. 14. RESTRICTIONS ON NONHUMANITARIAN ASSIST17 ANCE TO THE GOVERNMENT OF VIETNAM. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that except as provided in subsection (b), the Sec20 retary of State should consider restricting certain assist21 ance to the Government of Vietnam unless— 

22 (1) the Government of Vietnam makes substan23 tial progress toward releasing all political and reli24 gious prisoners from imprisonment, house arrest, 

25 and other forms of detention; 


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1 (2) the Government of Vietnam has made sub2 stantial progress toward— 

3 (A) respecting the right to freedom of reli4 gion, including the right to participate in reli5 gious activities and institutions without inter6 ference, harassment, or involvement of the Gov7 ernment, for all of Vietnam’s diverse religious 

8 communities; and 

9 (B) returning estates and properties con10 fiscated from the churches and religious com11 munities; 

12 (3) the Government of Vietnam has made sub13 stantial progress toward respecting the right to free14 dom of expression, assembly, and association, includ15 ing the release of independent journalists, bloggers, 

16 and democracy and labor activists; 

17 (4) the Government of Vietnam has made sub18 stantial progress toward repealing or revising laws 

19 that criminalize peaceful dissent, independent media, 

20 unsanctioned religious activity, and nonviolent dem21 onstrations and rallies, in accordance with inter22 national standards and treaties to which Vietnam is 

23 a party; 

24 (5) the Government of Vietnam has made sub25 stantial progress toward allowing Vietnamese nationVerDate Sep 11 2014 00:26 Mar 12, 2019 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1383.IH H1383

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1 als free and open access to United States refugee 

2 programs; 

3 (6) the Government of Vietnam has made sub4 stantial progress toward respecting the human rights 

5 of members of all ethnic and minority groups; and 

6 (7) neither any official of the Government of 

7 Vietnam nor any agency or entity wholly or partly 

8 owned by the Government of Vietnam was complicit 

9 in a severe form of trafficking in persons, or the 

10 Government of Vietnam took all appropriate steps to 

11 end any such complicity and hold such official, agen12 cy, or entity fully accountable for such conduct. 

13 (b) APPLICATION.—The restriction described in sub14 section (a) shall not apply to assistance under the Foreign 

15 Assistance Act of 1961 for the following purposes: 

16 (1) Disaster relief assistance, including any as17 sistance under chapter 9 of part I of such Act. 

18 (2) Assistance which involves the provision of 

19 food (including monetization of food) or medicine. 

20 (3) Assistance for environmental remediation of 

21 dioxin-contaminated sites and related health activi22 ties. 

23 (4) Assistance to combat severe forms of traf24 ficking in persons (as such term is defined in section 


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1 103 of the Trafficking Victims Protection Act of 

2 2000 (22 U.S.C. 7102)). 

3 (5) Assistance to combat pandemic diseases. 

4 (6) Assistance for refugees. 

5 (7) Assistance to combat HIV/AIDS, including 

6 any assistance under section 104A of such Act. 

Æ 


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