September 11, 2012 CONGRESSIONAL RECORD — HOUSE H5835 

impact of Federal regulations on manufacturing and job creation. 

This legislation appropriately gives 

the Manufacturing Board the flexibility it needs to do its job efficiently 

and expeditiously. The Board is not required to reinvent the wheel and restudy every single subject already examined by other government agencies 

and nongovernmental bodies, but the 

Board is specifically directed to consult with other Federal entities to 

avoid duplication of efforts. In the end, 

the Board will develop and publish for 

public comment a draft manufacturing 

strategy based on its analysis and any 

other information the Board determines is appropriate. This strategy will 

include both short-term and long-term 

goals for improving competitiveness of 

U.S. manufacturing, as well as recommendations for action. 

Mr. Speaker, considering the importance of manufacturing in the American economy and to the future of our 

Nation, I strongly urge the adoption of 

H.R. 5865, the American Manufacturing 

Competitiveness Act, and I yield back 

the balance of my time. 

The SPEAKER pro tempore (Mr. 

LONG). The question is on the motion 

offered by the gentlewoman from California (Mrs. BONO MACK) that the 

House suspend the rules and pass the 

bill, H.R. 5865, as amended. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Mr. BUTTERFIELD. Mr. Speaker, on 

that I demand the yeas and nays. 

The yeas and nays were ordered. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. 

f 

VIETNAM HUMAN RIGHTS ACT OF 

2012 

Ms. ROS-LEHTINEN. Mr. Speaker, I 

move to suspend the rules and pass the 

bill (H.R. 1410) to promote freedom and 

democracy in Vietnam, as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 1410 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

the ‘‘Vietnam Human Rights Act of 2012’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purpose. 

Sec. 3. Prohibition on increased nonhumanitarian assistance to the Government of Vietnam. 

Sec. 4. United States public diplomacy. 

Sec. 5. Annual report. 

SEC. 2. FINDINGS AND PURPOSE. 

(a) FINDINGS.—Congress finds the following: 

(1) The relationship between the United 

States and the Socialist Republic of Vietnam 

has grown substantially since the end of the 

trade embargo in 1994, with annual trade between the two countries reaching over 

$20,000,000,000 in 2011. 

(2) The Government of Vietnam’s transition toward greater economic freedom and 

trade has not been matched by greater political freedom and substantial improvements 

in basic human rights for Vietnamese citizens, including freedom of religion, expression, association, and assembly. 

(3) The United States Congress agreed to 

Vietnam becoming an official member of the 

World Trade Organization in 2006, amidst assurances that the Government of Vietnam 

was steadily improving its human rights 

record and would continue to do so. 

(4) Vietnam remains a one-party state, 

ruled and controlled by the Communist 

Party of Vietnam (CPV), which continues to 

deny the right of citizens to change their 

Government. 

(5) Although in recent years the National 

Assembly of Vietnam has played an increasingly active role as a forum for highlighting 

local concerns, corruption, and inefficiency, 

the National Assembly remains subject to 

the direction of the CPV and the CPV maintains control over the selection of candidates 

in national and local elections. 

(6) The Government of Vietnam forbids 

public challenge to the legitimacy of the 

one-party state, restricts freedoms of opinion, the press, and association and tightly 

limits access to the Internet and telecommunication. 

(7) Since Vietnam’s accession to the WTO 

on January 11, 2007, the Government of Vietnam arbitrarily arrested and imprisoned numerous individuals for their peaceful advocacy of religious freedom, democracy, and 

human rights, including Father Nguyen Van 

Ly, human rights lawyers Nguyen Van Dai, 

Le Thi Cong Nhan, Cu Huy Ha Vu, and Le 

Cong Dinh, and bloggers Nguyen Van Hai and 

Phan Thanh Hai. 

(8) The Government of Vietnam continues 

to detain, imprison, place under house arrest, convict, or otherwise restrict persons 

for the peaceful expression of dissenting political or religious views. 

(9) The Government of Vietnam has also 

failed to improve labor rights, continues to 

arrest and harass labor leaders, and restricts 

the right to organize independently. 

(10) The Government of Vietnam continues 

to limit the freedom of religion, restrict the 

operations of independent religious organizations, and persecute believers whose religious activities the Government regards as a 

potential threat to its monopoly on power. 

(11) Despite reported progress in church 

openings and legal registrations of religious 

venues, the Government of Vietnam has 

halted most positive actions since the Department of State lifted the ‘‘country of particular concern’’ (CPC) designation for Vietnam in November 2006. 

(12) Unregistered ethnic minority Protestant congregations, particularly 

Montagnards in the Central and Northwest 

Highlands, suffer severe abuses because of 

actions by the Government of Vietnam, 

which have included forced renunciations of 

faith, arrest and harassment, the withholding of social programs provided for the 

general population, confiscation and destruction of property, subjection to severe beatings, and reported deaths. 

(13) There has been a pattern of violent responses by the Government to peaceful prayer vigils and demonstrations by Catholics for 

the return of Government-confiscated church 

properties. Protesters have been harassed, 

beaten, and detained and church properties 

have been destroyed. Catholics also continue 

to face some restrictions on selection of clergy, the establishment of seminaries and seminary candidates, and individual cases of 

travel and church registration. 

(14) In May 2010 the village of Con Dau, a 

Catholic parish in Da Nang, faced escalated 

violence during a funeral procession as police attempted to prohibit a religious burial 

in the village cemetery; more than 100 villagers were injured, 62 were arrested, five 

were tortured, and at least three died. 

(15) The Unified Buddhist Church of Vietnam (UBCV) suffers persecution as the Government of Vietnam continues to restrict 

contacts and movement of senior UBCV clergy for refusing to join the state-sponsored 

Buddhist organization, the Government restricts expression and assembly, and the 

Government continues to harass and threaten UBCV monks, nuns, and youth leaders. 

(16) The Government of Vietnam continues 

to suppress the activities of other religious 

adherents, including Cao Dai and Hoa Hao 

Buddhists who lack official recognition or 

have chosen not to affiliate with the statesanctioned groups, including through the use 

of detention, imprisonment, and strict Government oversight. 

(17) During Easter weekend in April 2004, 

thousands of Montagnards gathered to protest their treatment by the Government of 

Vietnam, including the confiscation of tribal 

lands and ongoing restrictions on religious 

activities. Credible reports indicate that the 

protests were met with violent response as 

many demonstrators were arrested, injured, 

or went into hiding, and that others were 

killed. Many of these Montagnards and others are still serving long sentences for their 

involvement in peaceful demonstrations in 

2001, 2002, 2004, and 2008. Montagnards continue to face threats, detention, beatings, 

forced renunciation of faith, property destruction, restricted movement, and reported 

deaths at the hands of Government officials. 

(18) Ethnic minority Hmong in the Northwest Highlands of Vietnam also suffer restrictions, abuses, and persecution by the 

Government of Vietnam, and although the 

Government is now allowing some Hmong 

Protestants to organize and conduct religious activities, some Government officials 

continue to deny or ignore additional applications for registration, and to persecute 

churches and believers who do not wish to affiliate with Government-controlled religious 

entities. 

(19) In 2007, the Government of Vietnam arrested, beat, and defrocked several ethnic 

Khmer Buddhists in response to a peaceful 

religious protest. The Government continues 

to restrict Khmer Krom expression, assembly, association, and controls all religious 

organizations and prohibits most peaceful 

protests. 

(20) The Government of Vietnam controls 

all print and electronic media, including access to the Internet, jams the signals of some 

foreign radio stations, including Radio Free 

Asia, and has detained and imprisoned individuals who have posted, published, sent, or 

otherwise distributed democracy-related materials. 

(21) People arrested in Vietnam because of 

their political or religious affiliations and 

activities often are not accorded due legal 

process as they lack full access to lawyers of 

their choice, may experience closed trials, 

have often been detained for years without 

trial, and have been subjected to the use of 

torture to admit crimes they did not commit 

or to falsely denounce their own leaders. 

(22) Vietnam continues to be a source 

country for the commercial sexual exploitation and forced labor of women and girls, 

as well as for men and women legally entering into international labor contracts who 

subsequently face conditions of debt bondage 

or forced labor, and is a destination country 

for child trafficking and continues to have 

internal human trafficking. 


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(23) Although the Government of Vietnam 

reports progress in combating human trafficking, it does not fully comply with the 

minimum standards for the elimination of 

trafficking, and is not making substantial efforts to comply. 

(24) United States refugee resettlement 

programs, including the Humanitarian Resettlement (HR) Program, the Orderly Departure Program (ODP), Resettlement Opportunities for Vietnamese Returnees 

(ROVR) Program, general resettlement of 

boat people from refugee camps throughout 

Southeast Asia, the Amerasian Homecoming 

Act of 1988, and the Priority One Refugee resettlement category, have helped rescue Vietnamese nationals who have suffered persecution on account of their associations with 

the United States or, in many cases, because 

of such associations by their spouses, parents, or other family members, as well as 

other Vietnamese nationals who have been 

persecuted because of race, religion, nationality, political opinion, or membership in a 

particular social group. 

(25) While previous programs have served 

their purposes well, a significant number of 

eligible refugees from Vietnam were unfairly 

denied or excluded, including Amerasians, in 

some cases by vindictive or corrupt Vietnamese officials who controlled access to the 

programs, and in others by United States 

personnel who imposed unduly restrictive interpretations of program criteria. In addition, the Government of Vietnam has denied 

passports to persons who the United States 

has found eligible for refugee admission. 

(26) The Government of Vietnam holds tens 

of thousands of people in government-run 

drug detention centers and treats them as 

slave laborers. 

(27) To date, over 60,000 people have signed 

a petition calling on the Administration to 

not expand trade with communist Vietnam 

at the expense of human rights. 

(28) Congress has passed numerous resolutions condemning human rights abuses in 

Vietnam, indicating that although there has 

been an expansion of relations with the Government of Vietnam, it should not be construed as approval of the ongoing and serious 

violations of fundamental human rights in 

Vietnam. 

(b) PURPOSE.—The purpose of this Act is to 

promote the development of freedom and democracy in Vietnam. 

SEC. 3. PROHIBITION ON INCREASED NONHUMANITARIAN ASSISTANCE TO THE 

GOVERNMENT OF VIETNAM. 

(a) ASSISTANCE.— 

(1) IN GENERAL.—Except as provided in subsection (b), the Federal Government may not 

provide nonhumanitarian assistance to the 

Government of Vietnam during any fiscal 

year in an amount that exceeds the amount 

of such assistance provided during fiscal year 

2011 unless— 

(A) the Federal Government provides assistance, in addition to the assistance authorized under section 4, supporting the creation and facilitation of human rights training, civil society capacity building, noncommercial rule of law programming, and 

exchange programs between the Vietnamese 

National Assembly and the United States 

Congress at levels commensurate with, or exceeding, any increases in nonhumanitarian 

assistance to Vietnam; 

(B) with respect to the limitation for fiscal 

year 2012, the President determines and certifies to Congress, not later than 30 days 

after the date of the enactment of this Act, 

that the requirements of subparagraphs (A) 

through (G) of paragraph (2) have been met 

during the 12-month period ending on the 

date of the certification; and 

(C) with respect to the limitation for subsequent fiscal years, the President determines and certifies to Congress, in the most 

recent annual report submitted pursuant to 

section 5, that the requirements of subparagraphs (A) through (G) of paragraph (2) have 

been met during the 12-month period covered 

by the report. 

(2) REQUIREMENTS.—The requirements of 

this paragraph are the following: 

(A) The Government of Vietnam has made 

substantial progress toward releasing all political and religious prisoners from imprisonment, house arrest, and other forms of detention. 

(B) The Government of Vietnam has made 

substantial progress toward— 

(i) respecting the right to freedom of religion, including the right to participate in religious activities and institutions without 

interference, harassment, or involvement of 

the Government, for all of Vietnam’s diverse 

religious communities; and 

(ii) returning estates and properties confiscated from the churches and religious 

communities. 

(C) The Government of Vietnam has made 

substantial progress toward respecting the 

right to freedom of expression, assembly, and 

association, including the release of independent journalists, bloggers, and democracy 

and labor activists. 

(D) The Government of Vietnam has made 

substantial progress toward repealing or revising laws that criminalize peaceful dissent, 

independent media, unsanctioned religious 

activity, and nonviolent demonstrations and 

rallies, in accordance with international 

standards and treaties to which Vietnam is a 

party. 

(E) The Government of Vietnam has made 

substantial progress toward allowing Vietnamese nationals free and open access to 

United States refugee programs. 

(F) The Government of Vietnam has made 

substantial progress toward respecting the 

human rights of members of all ethnic and 

minority groups. 

(G) Neither any official of the Government 

of Vietnam nor any agency or entity wholly 

or partly owned by the Government of Vietnam was complicit in a severe form of trafficking in persons, or the Government of 

Vietnam took all appropriate steps to end 

any such complicity and hold such official, 

agency, or entity fully accountable for its 

conduct. 

(b) EXCEPTION.— 

(1) CONTINUATION OF ASSISTANCE IN THE NATIONAL INTEREST.—Notwithstanding the failure of the Government of Vietnam to meet 

the requirements of subsection (a)(2), the 

President may waive the application of subsection (a) for any fiscal year if the President determines that the provision to the 

Government of Vietnam of increased nonhumanitarian assistance would promote the 

purpose of this Act or is otherwise in the national interest of the United States. 

(2) EXERCISE OF WAIVER AUTHORITY.—The 

President may exercise the authority under 

paragraph (1) with respect to— 

(A) all United States nonhumanitarian assistance to Vietnam; or 

(B) one or more programs, projects, or activities of such assistance. 

(c) DEFINITIONS.—In this section: 

(1) NONHUMANITARIAN ASSISTANCE.—The 

term ‘‘nonhumanitarian assistance’’ means— 

(A) any assistance under the Foreign Assistance Act of 1961 (including programs 

under title IV of chapter 2 of part I of that 

Act, relating to the Overseas Private Investment Corporation), other than— 

(i) disaster relief assistance, including any 

assistance under chapter 9 of part I of that 

Act; 

(ii) assistance which involves the provision 

of food (including monetization of food) or 

medicine; 

(iii) assistance for environmental remediation of dioxin-contaminated sites and related health activities; 

(iv) assistance to combat severe forms of 

trafficking in persons; 

(v) assistance to combat pandemic diseases; 

(vi) assistance for refugees; and 

(vii) assistance to combat HIV/AIDS, including any assistance under section 104A of 

that Act; and 

(B) sales, or financing on any terms, under 

the Arms Export Control Act. 

(2) SEVERE FORM OF TRAFFICKING IN PERSONS.—The term ‘‘severe form of trafficking 

in persons’’ means any activity described in 

section 103(8) of the Trafficking Victims Protection Act of 2000 (Public Law 106 09386 (114 

Stat. 1470); 22 U.S.C. 7102(8)). 

(d) EFFECTIVE DATE.—This section shall 

take effect on the date of the enactment of 

this Act and shall apply with respect to the 

provision of nonhumanitarian assistance to 

the Government of Vietnam during fiscal 

year 2013 and subsequent fiscal years. 

SEC. 4. UNITED STATES PUBLIC DIPLOMACY. 

(a) RADIO FREE ASIA TRANSMISSIONS TO

VIETNAM.—It is the sense of Congress that 

the United States should take measures to 

overcome the jamming of Radio Free Asia by 

the Government of Vietnam and that the 

Broadcasting Board of Governors should not 

cut staffing, funding, or broadcast hours for 

the Vietnamese language services of the 

Voice of America and Radio Free Asia, which 

shall be done without reducing any other 

broadcast language services. 

(b) UNITED STATES EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS WITH VIETNAM.— 

It is the sense of Congress that any programs 

of educational and cultural exchange between the United States and Vietnam should 

actively promote progress toward freedom 

and democracy in Vietnam by providing opportunities to Vietnamese nationals from a 

wide range of occupations and perspectives 

to see freedom and democracy in action and, 

also, by ensuring that Vietnamese nationals 

who have already demonstrated a commitment to these values are included in such 

programs. 

SEC. 5. ANNUAL REPORT. 

(a) IN GENERAL.—Not later than 6 months 

after the date of the enactment of this Act 

and every 12 months thereafter, the Secretary of State shall submit to the Congress 

a report on the following: 

(1) The determination and certification of 

the President that the requirements of subparagraphs (A) through (G) of section 3(a)(2) 

have been met, if applicable. 

(2) Steps taken to carry out section 

3(a)(1)(A), if applicable. 

(3) Efforts by the United States Government to promote access by the Vietnamese 

people to Radio Free Asia transmissions. 

(4) Efforts to ensure that programs with 

Vietnam promote the policy set forth in section 102 of the Human Rights, Refugee, and 

Other Foreign Policy Provisions Act of 1996 

regarding participation in programs of educational and cultural exchange. 

(5) Lists of persons believed to be imprisoned, detained, or placed under house arrest, 

tortured, or otherwise persecuted by the 

Government of Vietnam due to their pursuit 

of internationally recognized human rights. 

In compiling such lists, the Secretary shall 

exercise appropriate discretion, including 

concerns regarding the safety and security 

of, and benefit to, the persons who may be 

included on the lists and their families. In 

addition, the Secretary shall include a list of 

such persons and their families who may 

qualify for protections under United States 

refugee programs. 

(6) A description of the development of the 

rule of law in Vietnam, including— 


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September 11, 2012 CONGRESSIONAL RECORD — HOUSE H5837 

(A) progress toward the development of institutions of democratic governance; 

(B) processes by which statutes, regulations, rules, and other legal acts of the Government of Vietnam are developed and become binding within Vietnam; 

(C) the extent to which statutes, regulations, rules, administrative and judicial decisions, and other legal acts of the Government of Vietnam are published and are made 

accessible to the public; 

(D) the extent to which administrative and 

judicial decisions are supported by statements of reasons that are based upon written 

statutes, regulations, rules, and other legal 

acts of the Government of Vietnam; 

(E) the extent to which individuals are 

treated equally under the laws of Vietnam 

without regard to citizenship, race, religion, 

political opinion, or current or former associations; 

(F) the extent to which administrative and 

judicial decisions are independent of political pressure or governmental interference 

and are reviewed by entities of appellate jurisdiction; and 

(G) the extent to which laws in Vietnam 

are written and administered in ways that 

are consistent with international human 

rights standards, including the requirements 

of the International Covenant on Civil and 

Political Rights. 

(b) CONTACTS WITH OTHER ORGANIZATIONS.—In preparing the report under subsection (a), the Secretary shall, as appropriate, seek out and maintain contacts with 

nongovernmental organizations and human 

rights advocates (including VietnameseAmericans and human rights advocates in 

Vietnam), including receiving reports and 

updates from such organizations and evaluating such reports. The Secretary shall also 

seek to consult with the United States Commission on International Religious Freedom 

for appropriate sections of the report. 

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 

Florida (Ms. ROS-LEHTINEN) and the 

gentleman from California (Mr. BERMAN) each will control 20 minutes. 

The Chair recognizes the gentlewoman from Florida. 

GENERAL LEAVE

Ms. ROS-LEHTINEN. Mr. Speaker, I 

ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to 

insert extraneous materials into the 

RECORD on this measure. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentlewoman from Florida? 

There was no objection. 

Ms. ROS-LEHTINEN. I yield myself 

such time as I may consume. 

Mr. Speaker, I rise in support of H.R. 

1410, the Vietnam Human Rights Act. 

The Socialist Republic of Vietnam remains a gross human rights violator 

even as its trade with the U.S. grows. 

The people of Vietnam continue to be 

oppressed by their Communist jailers, 

unable to change their government or 

enjoy any semblance of the rule of law. 

Indeed, the most recent elections of 

May 2011 were neither free nor fair. 

Much like those living under the ruthless Castro regime in my native Cuba, 

Vietnamese citizens are subject to brutal treatment from police, inhumane 

prison conditions, and denial of the 

right to a fair and speedy trial. 

The judicial system is plagued by endemic corruption and inefficiency, and 

the Communist government has increasingly limited privacy rights and 

freedoms of the press, speech, assembly, movement, and association. Freedom of religion is subject to interpretation by Communist authorities, with 

significant problems occurring at provincial and village levels. 

Violence and discrimination against 

women, as well as trafficking in persons, continue to torment the population. The sexual exploitation of children, as well as hate crimes and discrimination based on ethnicity, sexual 

orientation, and HIV/AIDS status, all 

persist. As is the case with all Communist regimes, police often act with 

impunity. Cowardly hiding this egregious brutality from the civilized 

world, the Communist government prohibits independent human rights organizations from operating within its 

borders. All of this occurs while the 

U.S. continues to broaden trade with 

the Vietnamese dictators, completing a 

Trade and Investment Framework 

Agreement, or TIFA, in 2007. 

We have increased our trade with 

Vietnam every year and have held a 

trade deficit with Vietnam every year 

since 1997. Mr. Speaker, that is not the 

message that we should send to these 

thugs. We should not reward this Communist dictatorship until the Government of Vietnam has made substantial 

progress respecting political freedoms, 

media freedoms, and religion freedoms. 

Vietnam must also protect its minorities, give access to U.S. refugee 

programs, act to end trafficking in persons, and release its approximately 

4,000 political prisoners. 

I urge my colleagues to join me in 

showing our solidarity and support for 

the people of Vietnam by passing this 

important bill today. 

With that, Mr. Speaker, I reserve the 

balance of my time. 

Mr. BERMAN. Mr. Speaker, I rise in 

support of H.R. 1410, as amended, and I 

yield myself such time as I may consume. 

I’d like to thank the sponsor of this 

legislation, Mr. SMITH of New Jersey, 

and the chairman of the Foreign Affairs Committee, Ms. ROS-LEHTINEN, 

for their leadership on human rights 

and on this particular issue. 

Despite Vietnam’s transition to a 

more open economy, political and religious freedoms for the people of Vietnam remain severely curtailed. The bilateral relationship between Washington and Hanoi has deepened since 

diplomatic ties were established over 

15 years ago, but lack of greater 

progress in protecting basic rights and 

civil liberties will limit closer cooperation in the future. 

In a speech last year on the Obama 

administration’s Asia policy, Secretary 

of State Hillary Clinton stated: 

We have made it clear to Vietnam that if 

we are to develop a strategic partnership, as 

both nations desire, Vietnam must do more 

to respect and protect its citizens’ rights. 

The United States must use both diplomatic and economic leverage with 

Vietnam to promote political openness 

and improve human rights. 

b 1800 

This bill, the Vietnam Human Rights 

Act of 2011, takes an important step in 

the right direction by prohibiting an 

increase in nonhumanitarian assistance to Vietnam above fiscal year 2011 

levels unless Hanoi makes significant 

progress on these critical issues. The 

bill makes it clear to Vietnam that the 

only factor limiting aid is positive action by the Vietnamese Government on 

political, human, and religious rights. 

The Government of Vietnam has an 

important choice to make. Will it protect human rights and provide religious and political freedom to its citizens, or will it shirk these responsibilities and forsake the closer relationship that it wants with the United 

States? 

I urge my colleagues to support this 

legislation, and I reserve the balance of 

my time. 

Ms. ROS-LEHTINEN. Mr. Speaker, 

I’m so pleased to yield 6 minutes to the 

gentleman from New Jersey (Mr. 

SMITH), the chairman of the Foreign 

Affairs Subcommittee on Africa, Global Health, and Human Rights, who is 

the author of this important bill. 

Mr. SMITH of New Jersey. Mr. 

Speaker, I want to thank the distinguished gentlelady, our good chairwoman, for her leadership on this important issue and so many human 

rights issues around the globe. Thank 

you, ILEANA ROS-LEHTINEN for again 

bringing to the floor a very important 

bill and series of bills, many of which 

are directed at human rights. 

And to Mr. BERMAN, thank you for 

your kind comments and your strong 

support for this effort to try to bring 

freedom and hope to the people of Vietnam—who, while as you pointed out so 

rightly, have enjoyed some economic 

progress, regrettably, political rights, 

human rights, fundamental rights have 

gone in the opposite direction—and so 

thank you for that. 

I want to thank the original cosponsors of the bill—Mr. ROYCE, Mr. WOLF, 

Ms. ZOE LOFGREN, and Ms. LORETTA

SANCHEZ—for being original cosponsors 

of this legislation, and I hope the membership will roundly and soundly back 

its enactment or its passage today. 

Mr. Speaker, many of us on both 

sides of the aisle have been trying for 

decades to help the Vietnamese people 

secure their fundamental human rights 

and their democratic institutions. 

From assisting the boat people in the 

1970s and all of the human rights work 

that was done to help so many Vietnamese, individuals who were in reeducation camps and who were dealt with 

so severely by the dictatorship in 

Hanoi, Congress and the Presidents 

over the years have tried nobly to assist them, as have other human rights 

activists around the world. 

As far back as 1996 I sponsored the 

Human Rights Restoration Act, PL 

104–319, which included an important 


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provision directing the U.S. Information Agency to take steps to provide 

opportunities for human rights and democracy leaders of Vietnam to come 

here for educational and cultural exchange programs. We found that so 

often it was the communist leaders and 

their families and friends who were 

benefiting from these trips to the 

United States, not the people who were 

the best and the bravest and the 

brightest of Vietnam. 

I visited Vietnam on several occasions, met with dissidents throughout 

the country in Quay, Ho Chi Minh City, 

as well as Hanoi; met with pastors— 

Catholic, Protestant, Evangelicals— 

and have met with, as some of my 

other colleagues have as well, the venerable Thich Quang Do, who’s done a 

magnificent job speaking up for the 

Unified Buddhist Church of Vietnam, 

which has been outlawed by the dictatorship in Hanoi. 

Regrettably, our efforts, and especially, those heroic efforts by the 

women and men in Vietnam itself, have 

not resulted in respect for fundamental 

human rights. 

I would note, parenthetically, that 

Bloc 8406, a great group of individuals 

who signed on to this charter of human 

rights, one by one have been singled 

out after signing that charter, believing that an easing was taking place, 

signed on. It was just like Vaclav 

Havel’s Charter 77 and many other 

great statements made by the East 

Bloc countries during the dictatorships 

of that era. Bloc 8406, that is to say, 

April 8, 2006, one by one those individuals have been hunted down, and many 

of them have found themselves in prison. 

The Africa, Global Health, and 

Human Rights Subcommittee, which I 

chair, heard from witnesses at a hearing earlier this year that the Vietnamese Government remains an egregious violator of a broad array of 

human rights. Their testimony confirmed that religious, political, and 

ethnic persecution continue and in 

many cases is actually increasing, and 

that the Vietnamese officials are still 

laying out the welcome mat for forced 

labor and sex traffickers. 

For example, we heard from Dr. 

Nguyen Dinh Thang, the executive director of Boat People SOS who had recently traveled to Thailand to investigate human rights trafficking violations and other violations in Vietnam. 

Dr. Thang testified that the Government of Vietnam has not investigated, 

let alone prosecuted, a single human 

trafficking violation by Vietnamese 

labor export companies, many of which 

are state owned. Instead, police have 

interrogated and threatened victims 

who have spoken out against this modern-day slavery. 

Almost routinely, according to Dr. 

Thang—and his information comports 

with other information our subcommittee has received—the Vietnamese Government has sent its officials from Hanoi to trouble spots, including American Samoa, Jordan, and 

Malaysia, in order to silence the victims, take sides with the traffickers, or 

to impede justice. 

The subcommittee also heard testimony of a Vietnamese woman who courageously fought for her own rights 

and those of her coworkers when they 

were trafficked to Jordan with the 

complicity of the Vietnamese Government officials. In addition, our witnesses provided deeply disturbing photographs, evidence of torture, and 

showed a video of the Vietnamese military destroying an entire village of 

Hmong Christians. 

It is imperative that the U.S. Government send an unequivocal message 

to the Vietnamese regime that it must 

end its human rights abuses against its 

own citizens. 

I would note, Mr. Speaker, that negotiators of the Trans-Pacific Partnership, which includes Vietnam, are currently meeting in nearby Leesburg, 

Virginia. Within the next 2 years, or a 

year or 2, Congress will likely be asked 

to approve a free trade agreement between the U.S. and Vietnam as part of 

this initiative. I hope the administration is using those negotiations to 

strongly encourage the Vietnamese 

Government to finally, at long last, respect human rights. 

The SPEAKER pro tempore. The 

time of the gentleman has expired. 

Ms. ROS-LEHTINEN. I yield the gentleman an additional minute. 

Mr. SMITH of New Jersey. I thank 

my colleague. 

H.R. 1410 would institute effective 

measures toward improving human 

rights in Vietnam. As reported by our 

committee, the bill prohibits any increase in nonhumanitarian assistance 

to the Government of Vietnam above 

fiscal 2011 levels unless the government 

makes substantial progress in establishing freedom of religion, releasing 

political prisoners, respecting the 

rights of journalists, and the bill lays 

out a whole series of mutually reinforcing steps it must take and the people it must protect. 

The bill does not prevent increased 

funding for the Vietnamese Government for certain humanitarian assistance—and I want to underscore that— 

such as food, medicine, agent orange 

remediation, and activities to combat 

human trafficking. The freeze on foreign assistance at 2010 levels can be 

waived if the President determines 

that increased nonhumanitarian aid to 

Vietnam would promote democracy 

and freedom or would otherwise be in 

the national interest. 

Mr. Speaker, we’ve passed this bill 

twice in various forms before by huge 

majorities. It is time to pass it, and 

hopefully the Senate will take it up 

and get it to President Obama. 

Ms. ROS-LEHTINEN. Mr. Speaker, I 

would like to yield 5 minutes to the 

gentleman from California (Mr. 

ROYCE), the chairman of our Subcommittee on Terrorism, Nonproliferation, and Trade of our Committee on 

Foreign Affairs. 

Mr. ROYCE. Mr. Speaker, I’m an 

original cosponsor of this bill, H.R. 

1410. This is the Vietnam Human 

Rights Act. And I guess it’s no surprise 

to a lot of us that have followed what 

has happened in Vietnam, it denies its 

citizens basic human rights. 

But here’s the problem: The conditions there with respect to abuse of 

rule of law are getting worse and 

worse. 

It used to be that we would watch 

show trials in terms of the 

abridgement of rights of the citizens of 

Vietnam; now they don’t even have the 

show trials. Now the government just 

places those dissidents in police detention, and they do it without alerting 

the family, without alerting anyone. 

And at that point, you just have to say 

the rule of law has become nonexistent. 

We received a really stark reminder 

recently. Human rights dissident 

Nguyen Quoc Quan was arrested by Vietnamese officials. He had attempted 

to enter the country at Ho Chi Minh 

City’s airport, and the charge that he 

was held on was terrorism. Terrorism 

was the original charge. 

b 1810 

He didn’t come to Vietnam equipped 

with guns or explosives. What’s the terrorism charge? Well, he came to Vietnam to meet with other grassroots organizations committed to peaceful discussions on human rights inside the 

country. To the Vietnamese Communist Government, that’s terrorism. 

That really says it all. 

The case of Nguyen Quoc Quan is not 

an isolated case. His treatment there 

has become the rule, not the exception 

for those who are trying to push for 

some modicum of free speech or religious freedom, and so you have a whole 

slew of dissidents who are treated like 

this or even worse. When I say 

‘‘worse,’’ I want to give you another example. 

It is that of Pastor Nguyen Cong 

Chinh, a pastor of an outlawed Mennonite church. He was recently sentenced to 11 years in prison during a 1- 

day trial for ‘‘sowing division between 

the Communist government and its 

citizens.’’ Now, this treatment is nothing new for this particular pastor. To 

date, he has been aggressively interrogated over 300 times. He has suffered 

dozens of beatings, and some of us have 

seen the photographs of the aftermath 

of some of those brutal beatings. He 

has been forcefully removed from his 

residence many times and has been 

thrown in jail. 

That is why it is imperative, my 

friends, that we pass the Vietnam 

Human Rights Act. I think the important point here is that this kind of action can be an inspiration to the brave 

dissidents inside Vietnam who continue to be brutally repressed. Part of 

this is to provide for information from 

Radio Free Asia to better be able to 

broadcast into the country, to better 

be able to shed light on this kind of activity, to leverage for change, and to 


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September 11, 2012 CONGRESSIONAL RECORD — HOUSE H5839 

bring objective news—to bring the 

truth—to be a surrogate-free radio station for the Vietnamese people. The 

spread of democratic values in Asia, 

frankly, is critical to our security interests as well. 

I, myself, have met with some of the 

Vietnamese dissidents discussed here 

today, and I’ve been denounced by the 

Vietnamese Government for simply 

meeting with those whose only wish is 

the freedom to speak their minds. That 

tells me that the Vietnamese Government is sensitive to international criticism and that the United States must 

continue to speak out about this issue. 

I don’t think silence is an option for us 

in the U.S. 

In closing, I want to thank Chairwoman ROS-LEHTINEN for her focus on 

human rights. I want to thank the author here, CHRIS SMITH, for his efforts, 

and HOWARD BERMAN, Congressman 

from California, for his work on behalf 

of the Vietnamese people. 

Mr. BERMAN. I am very pleased to 

yield 2 minutes to the gentlelady from 

California (Mrs. DAVIS). 

Mrs. DAVIS of California. Thank 

you. 

I rise today to express my strong support for H.R. 1410 and also for H. Res. 

484. This bill and resolution really embody a great concern of many of my 

constituents at home as well as of 

Americans across this country. 

As Americans, we often take for 

granted the rights and privileges that 

are guaranteed to each and every individual in this country. We can speak 

out at town halls, and we can protest 

in front of the Capitol steps. When all 

else fails, we can register our votes at 

the polls to make our voices heard. 

Those rights and privileges that we 

enjoy are being denied every single day 

to the people of Vietnam. 

So, today, we vote on this bill and 

this resolution in order to send a clear 

message that these abuses will not be 

tolerated. We must make it clear that 

progress needs to be made on these 

issues before we can move forward on 

other issues that are important to both 

of our countries, including the issue of 

trade. Our efforts are aimed at bringing 

about a brighter future in Vietnam 

where citizens are not in prison for the 

songs they write and where individuals 

are not arrested for carrying books on 

nonviolent resistance. It’s sad, but 

these remain to be the facts of life for 

the people of Vietnam. In the words of 

one of my constituents, We can make a 

difference if we come together. 

Let’s start by voting ‘‘yes’’ on H.R. 

1410 and also on the resolution that we 

will next be talking about, H. Res. 484. 

Ms. ROS-LEHTINEN. I would like to 

ask Mr. BERMAN if he has any other requests for time. 

Mr. BERMAN. I have no further requests for time. If the gentlelady is 

prepared to close, I am prepared to relinquish my remaining time. 

Mr. Speaker, I urge support for the 

legislation, and I yield back the balance of my time. 

Ms. ROS-LEHTINEN. Mr. Speaker, in 

closing, our Nation has always served 

as a beacon of hope for all who are oppressed and suffer under regimes such 

as the one in Vietnam, which has 

shown a blatant disregard for fundamental human rights and universal 

freedoms. We must continue to serve as 

such a beacon. We must not waver in 

our commitment to standing with the 

oppressed and not with their oppressors. This bill serves as an important 

guidepost in doing that. 

The Vietnam regime continues its 

oppression. On August 5, they arrested 

about 30 peaceful demonstrators who 

were protesting China’s activities in 

the South China Sea. It included the 

arrest of an 81-year-old activist. Also, 

the threatened trial of three wellknown human rights bloggers has been 

further postponed, thus extending their 

unjust legal limbo. 

This human rights legislation is long 

overdue. It contains a provision prohibiting an increase in nonhumanitarian 

assistance to the Government of Vietnam unless certain human rights 

benchmarks are met. Of course, it has 

a Presidential waiver, but it authorizes 

the President to provide assistance 

through appropriate nongovernmental 

organizations and the Human Rights 

Defenders Fund for the support of individuals and organizations that are promoting internationally recognized 

human rights in Vietnam. This is an 

American principle. This should be a 

universal principle of human rights and 

respect for minority rights. 

I hope that our colleagues will join 

us in passing Mr. SMITH’s bill. The time 

for it is long overdue. With that, Mr. 

Speaker, I yield back the balance of 

my time. 

Ms. ZOE LOFGREN of California. Mr. 

Speaker, I rise today in support of H.R. 1410, 

the Vietnam Human Rights Act. I am an original co-sponsor of this legislation, and I thank 

Mr. SMITH for introducing it. 

This bill would prohibit any increase in U.S. 

non-humanitarian aid to Vietnam until significant progress is made with regard to political 

and religious rights for the people of Vietnam, 

including the release of political and religious 

prisoners, and the repeal or revision of laws 

that criminalize peaceful dissent and otherwise 

impede democratic freedoms. 

The human rights situation in Vietnam is 

dire, and shows no signs of improvement. Reporters Without Borders ranks Vietnam as 

172nd of 179 in its Press Freedom Index (last 

in Southeast Asia, and only two spots above 

China) and an article in Foreign Policy magazine recently referred to Vietnam as ‘‘the most 

repressive country in Southeast Asia.’’ 

According to the U.S. Commission on International Religious Freedom’s (USCIRF) 2012 

Annual Report, ‘‘The government of Vietnam 

continues to control all religious communities, 

restrict and penalize independent religious 

practice severely, and repress individuals and 

groups viewed as challenging its authority 

. . . The U.S. government should use its diplomatic and political resources to advance religious freedom and related human rights in 

Vietnam.’’ 

I agree. We need to send a message to the 

Vietnamese government and make it clear that 

we do not condone its repression of free 

speech and democracy. I also want to add 

that on April 17th, the American democracy 

activist Nguyen Quoc Quan was arrested in 

Vietnam and remains in detention. I urge the 

Vietnamese government to release Dr. Quan, 

and I urge my colleagues to stand up to the 

Vietnamese government and support this bill. 

Mr. FALEOMAVAEGA. Mr. Speaker, as a 

Vietnam veteran, I rise in opposition to H.R. 

1410. 

In 1967, I was deployed to Vietnam and 

served my country in Nha Trang. My brother 

also served, and has since passed away. 

On the matter of human rights, the U.S. 

cannot assume the moral high ground when it 

comes to Vietnam. From 1961 to 1971, the 

U.S. sprayed more than 11 million gallons of 

Agent Orange in Vietnam, subjecting millions 

of innocent civilians to dioxin—a toxic known 

to be one of the deadliest chemicals made by 

man. Despite the suffering that has occurred 

ever since, there seems to be no real interest 

on the part of the U.S. to clean up the mess 

we left behind. 

Instead, we spend our time offering up language like this which fails to make anything 

right. While I appreciate that more than 1 million Vietnamese-Americans still have strong 

feelings about the Vietnam War, the fact is it 

is time for us to rebuild our relationship with 

Vietnam just like we did with Germany and 

Japan after WWII. 

Regrettably, H.R. 1410 has an adverse impact on our efforts. H.R. 1410 purports to promote the development of freedom and democracy in Vietnam but fails in its purpose. As 

noted by the Congressional Research Service, 

‘‘the bill could chill the recent warming of bilateral political and security ties and could weaken economic reformers in ongoing domestic 

political battles inside Vietnam.’’ 

Put another way, H.R. 1410 is not in the 

best interest of the United States or the Vietnamese-American community. H.R. 1410 is 

shortsighted in its approach, and contrary to 

the efforts of the Clinton, Bush, and Obama 

Administrations which have sought to strengthen our partnership with Vietnam. 

Long after the Vietnam War, the U.S. is now 

about the business of coordinating a multicountry diplomatic push back against Chinese 

encroachment in the oil-rich and strategically 

important South China Sea. H.R. 1410 is not 

helpful to our cause. 

In conversations with the Department of 

State, they share my concerns that measures 

in H.R. 1410 could adversely affect our security relationship with Vietnam as well as our 

ability to work with Vietnam on trafficking in 

persons. H.R. 1410 could also greatly reduce 

our chances of negotiating a roadmap on 

human rights. 

Moreover, Section 3(a)(2)(G) significantly alters the standard by which the Government of 

Vietnam’s efforts to combat Trafficking in Persons (TIP) are measured, and restricts nonhumanitarian assistance to FY2011 levels 

pending certification in an annual report by the 

President of the United States. 

The Trafficking Victims Protection Act 

(TVPA) created a set of minimum standards to 

assess a government’s efforts to combat trafficking in persons (TIP). These standards are 

based on agreed upon international protocols. 

H.R. 1410 goes beyond the protocols and 

holds the Government of Vietnam to a higher 

standard. 


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H5840 CONGRESSIONAL RECORD — HOUSE September 11, 2012 

By holding the Government of Vietnam to a 

higher standard that is not applicable to any 

other foreign government, or to the U.S. government’s own efforts, the Act would have an 

adverse impact on our ability to conduct diplomacy with the Government of Vietnam on improving its anti-TIP efforts. 

So while Vietnam may have work to do on 

improving its human rights record, we also 

have work to do. First and foremost, we need 

to work on being fair. We need to work on 

treating Vietnam the same as we treat other 

foreign governments. Simply put, it is wrong to 

hold Vietnam to a higher standard than the 

rest of the world. 

Also, let us be clear about the sincere and 

measurable progress Vietnam has made. Let 

us not cherry-pick bits of truth and put forward 

old data. H.R. 1410 is based on old data—the 

same data that has been put forward over and 

over again by those who have never served in 

Vietnam or visited Vietnam or met with Vietnam’s leaders. After serving in Vietnam in 

1967, I returned some 40 years later after becoming Chairman of the Subcommittee on 

Asia and the Pacific. All I can say is the Vietnam I fought against is not the Vietnam I know 

today. 

So, I encourage my colleagues to re-think 

Vietnam and pursue a path of cooperation that 

does not undermine the progress we are making. I also ask that the Embassy of Vietnam’s 

statement and the following excerpts from the 

State Department’s International Religious 

Freedom Report 2010 be made part of the 

record. 

The Report notes, ‘‘respect for religious 

freedom and practice improved in some regards,’’ and that ‘‘the government took further 

steps to implement its 2004 Ordinance on Religion and Belief and supplemental decrees on 

religious policy issued in 2005.’’ The report 

also recognizes that the Vietnamese ‘‘government also facilitated construction of new 

churches, prayer houses, pagodas, and training facilities for furthering the education of 

thousands of monks, priests, nuns, and pastors’’ permitting ‘‘the expansion of religious organizations’’ charitable activities.’’ 

The Report also made note of the meeting 

between President Nguyen Minh Triet and 

Pope Benedict XVI at the Vatican. ‘‘Vietnam 

and the Holy See agreed to a Vatican appointment of a non-resident Representative for 

Vietnam as a first step toward the establishment of full diplomatic relations.’’ The report 

also states that ‘‘new congregations were registered in many of the 64 provinces, and one 

new religious group and two Protestant denominations received national registration or 

recognition.’’ 

‘‘The Catholic Church, Protestant congregations, and other smaller religious groups reported that their ability to gather and worship 

generally improved and that the government 

allowed registered religious groups to assign 

new clergy with limited restrictions. The government also permitted the Buddhist, Catholic, 

Cao Dai, Hoa Hao, and Protestant faiths to 

hold several historic large-scale religious services throughout the country, some with over 

100,000 participants.’’ 

The State Department also confirmed the 

Vietnam’s Government assertion that ‘‘some 

ethnic minorities in the Central Highlands were 

operating a self-styled ‘‘Dega Church,’’ which 

reportedly mixed religious practice with political activism and called for ‘‘ethnic minority 

separatism.’’ Regarding the Con Dau incident, 

the report notes that the arrested six Catholic 

parishioners ‘‘reportedly started a physical altercation with police.’’ 

In light of these facts and many more, it is 

my hope that the U.S. Senate will disregard 

H.R. 1410 and put forward an approach that 

allows us to strengthen our economic and security ties with Vietnam while negotiating a 

roadmap on human rights that is based on accurate information—not on misinformation intended to topple Vietnam’s current government. 

In the U.S. House of Representatives, I 

hope that the advocates of H.R. 1410—if they 

are truly sincere about human rights—will 

apply their efforts to assisting Vietnam with 

Agent Orange clean-up because the mess we 

left behind is a serious violation of human 

rights that needs to be corrected once and for 

all. 

EMBASSY OF VIETNAM TO THE UNITED STATES

ON RELIGIOUS FREEDOM IN VIET NAM

Viet Nam is a country of many faiths, with 

the presence of major world religions including 

Buddhism, Catholicism, Protestantism and 

Islam. It has the second largest Catholic community in Southeast Asia. Approximately 80 

percent of the population are religious or spiritual believers. Of these, 22.3 million are followers of one religion or another, constituting 

one fifth of the population. There are 25,000 

places of worship in Vietnam. 

The government of Viet Nam pursues a 

consistent policy of respecting religious freedom and facilitating the practice of religion and 

faith by all citizens. Viet Nam attaches importance to the policy of religious solidarity and 

concord, ensuring equality and non-discrimination for all religions. Religious activities are 

protected by law but the abuse of religion to 

provoke hatred, division and conflict which 

threatens national security and stability is 

strictly prohibited. 

Religious freedom and protection of religious freedom are provided for in Viet Nam’s 

laws including the 1992 Constitution (Article 

70), the Civil Code (Article 47), the 1999 

Penal Code (Article 129), the Ordinance on 

Religion and Belief (‘‘the Ordinance’’) and Decree 22/2005/ND-CP dated 1st March, 2005 

providing for implementation of the Ordinance. 

Since the issuance of the Ordinance, religious freedom has been reinforced throughout 

the country. Religious life in Viet Nam has 

seen strong vitality in recent years, thus contributing significantly to national development. 

There are now 4 Buddhist institutes, 32 intermediate Buddhist schools, hundreds of elementary Buddhist courses, 6 Catholic Seminaries and one Protestant Institute of Bible 

and Theology in Viet Nam. Thousands of religious dignitaries are trained in those schools 

each year, of which 1,177 are engaging in 

governance, working as delegates in the National Assembly or People’s Councils. The 

Evangelical Church of Viet Nam has organized 

theological courses. A series of religious 

websites are being operated by the Viet Nam 

Bishops’ Council and the Spiritual Council of 

the Baha’i Community of Viet Nam. Places of 

worship have been built throughout the country with the government’s sponsorship. These 

include the construction of the Khmer 

Theravada Buddhist University in Can Tho 

province and the expansion of the La Vang 

Parish in Quang Tri province. 

Religious activities in Viet Nam are in full 

swing now. The 2,555th Buddhist Vesak Day 

was observed in many provinces. In May, 

2011, a Vietnamese delegation participated in 

the United Nations’ Vesak Day in Thailand. 

The Catholic Church’s Jubilee Year in 2011 

was prominently celebrated and its closing 

ceremony was attended by 1,000 priests, 

2,000 clergies and 500,000 parishioners. The 

celebration was honoured by the presence of 

Cardinal Ivan Dias, Head of the Vatican’s Missionary Department, Special Envoy of Pope 

Benedict XVI. 

The year 2011 also marked the 100th anniversary of Protestantism in Viet Nam. Big 

celebrations were held in Ha Noi, Da Nang 

and Ho Chi Minh City, attended by Protestants 

from all provinces and cities. 

Local authorities have made important contributions to these achievements of Vietnamese religious communities. However, 

progress has been slower in certain more distant areas of Vietnam due to poverty, low level 

of socio-economic development and geographical disadvantages. This is particularly 

true in mountainous and border provinces. In 

addition, the educational level and training of 

some local officials have been limited, making 

it more difficult for them to full realize our policy. 

RECOGNITION AND REGISTRATION OF RELIGIOUS

ORGANISATIONS

The registration of religious activities and 

the recognition of the legal entity of new religious organisations are the basis for religious 

organisations and congregations to be protected by law, rather than an administrative 

measure to hinder religious freedom and belief. Eligibility for legal recognition of a religious organization or congregation is clearly 

stipulated in the 2004 Ordinance on Religion 

and Belief. 

To date, the State has recognized 18 religious organisations representing 9 religions, of 

which 6 are new ones. These include Baha’i, 

Tu An Hieu Nghia (Four Debts of Gratitude), 

Buu Son Ky Huong, The Pure Land Buddhist 

Home-Practice Association, Minh Su and Minh 

Ly. Seven other Protestant denominations also 

achieved recognition, bringing the total number of recognized religious organisations in 

Viet Nam up to 34. Prior to the introduction of 

the Ordinance, only 16 organisations representing 6 religions were recognized by our 

government. 

Registration of Protestant groups has shown 

a particular increase: Upon the issuance and 

implementation of the Ordinance on Religion 

(2004) and Directive No. 01 on Protestantism, 

Protestantism has grown exponentially in Viet 

Nam in terms of the number of followers, congregations as well as the diversity of worship 

practices. In 2011, the number of Protestants 

in Viet Nam was roughly 1.17 million people, 

of which 110 thousand lived in the northwest 

region of Viet Nam, 360 thousand in the Central Highlands, and the remaining 700 thousand throughout the country. The number of 

registered places of worship has increased to 

over 1,700 groups and congregations (in the 

northwest: 258 groups, in the Central Highlands: 1,284 groups and 189 congregations). 

The government has organized 8 conferences 

to do outreach about our policies and laws 

concerning Protestantism to 1,600 participants 

who are the leaders of places of worship. 


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September 11, 2012 CONGRESSIONAL RECORD — HOUSE H5841 

PROTESTANT REGISTRATION DATA (AS OF DECEMBER 

2011) 

2009 2010 2011 

Central Highlands 

1. Number of congregations of 

the General Confederation of 

Evangelical Churches of Vietnam (Southern) and United 

World Mission ......................... 164 178 189 

2. Land right and church building licenses (including church 

and land) ................................ 50 60 80 

3. Number of groups registered ................ 1210 1284 

4. Appointments of pastors ........ 325 336 NA 

North West 

1. Number of groups registered 208 247 258 

The registration of Protestant groups in the 

northwest region is making slow progress 

mainly due to socio-economic conditions in the 

local areas, which are the most disadvantaged 

regions in the country, with treacherous terrain, frequent natural disasters, and local social practices which hamper development. 

During the past period, the government of Viet 

Nam has invested in many projects and programs to promote economic, cultural and educational development in these regions. However, many difficulties remain in these regions. 

In addition, cultural conflicts between Protestantism and communities affiliated to other 

religions and faiths in this area need some 

time to be resolved. 

In the near future, related ministries, agencies and localities will coordinate with each 

other to promote religious expression and ensure effective implementation of the Ordinance 

on Religion and the Prime Minister’s Directive 

01 on Evangelicalism in these regions. 

Publication of the Bible in Latin—H’Mong 

language: The government has always paid 

attention to and facilitated the religious activities of national minority followers, including the 

publication of bilingual Bibles: Viet—Bahnar, 

Viet—Ede, Viet—Jarai. For the Bible in the 

H’Mong language, there are two types of 

H’Mong script, of which the traditional script 

has been stipulated by law as the sole script 

allowed in publications. Thus, the publishing 

the Bible in the H’Mong script will require resolution of this legal issue, as well as the consideration of a professional board from the 

Ministry of Education. Relevant Vietnamese 

agencies will continue to work together to expedite this project. 

RESOLUTION OF LAND ISSUES RELATING TO RELIGIONS

The right to ownership of land is clearly stipulated in the Constitution and other laws of 

Viet Nam. The land belongs to the whole people. The State represents this ownership right 

and exercises unified management over the 

land. Thus, in Viet Nam, there is no private 

ownership of land. The State acts as the representative of the people in arranging and 

managing land use according to the legitimate 

needs of individuals and organisations. 

The issue of land in Viet Nam is very complex since the country has experienced many 

ordeals stemming from history. Resolution No. 

2312003/QH11 of the National Assembly, 

dated November 26th 2003 affirms: ‘‘The 

State does not recognize any claims to take 

back lands that have been managed and put 

into use by the State. Thus, claims to take 

back lands, including lands which may have 

been historically used for religious practices, 

are not consistent with our law. 

For religion-related lands which are now are 

being managed or allocated by State to the 

agencies/organisations, the latter must use the 

lands in full conformity with stipulated purpose 

and in an effective manner in order not to 

have any negative impact on the feelings of 

religious followers (Directive No. 1940/CT-TTg 

of the Prime Minister dated December 31st, 

2008). 

In the event that religious organisations 

have legitimate need for additional land or 

housing for religious purposes, the government may consider allocating appropriate 

areas for them. The consideration of land allocation for religious organisations must comply 

with the law and regulations. 

Recently, the government has allocated 

large areas of land for religious organisations 

to use for religious purposes. For instance, Ho 

Chi Minh City has allocated over 10,000 m2 to 

the Southern Evangelical Church of Vietnam 

for construction of the Evangelical Institute for 

Bible and Theology. Similarly, Dak Lak province allocated over 11,000 m2 for the construction of the Archbishopric of Buon Ma 

Thuot. Da Nang City also allocated over 9,000 

m2 for the Da Nang Archbishopric. Quang Tri 

province re-allocated 20 hectares of the 

Shrine of the Lady of La Vang to the La Vang 

Parish. Likewise, Ha Noi City has recently allocated land for the Viet Nam Buddhist Association to build a Buddhism University. 

RELIGIOUS ORGANISATIONS AND CHARITABLE ACTIVITIES

The government pursues a policy of facilitating and encouraging religious organisations’ 

participation in philanthropic works in accordance with the law (Article 33 of the Ordinance 

on Religion). Many religious organisations in 

Viet Nam are very active in social and charitable activities such as free medical checkup 

and medical treatment, care for children in 

particularly difficult circumstances, and people 

living with HIV. Many religious officials have 

taken part in fundraising campaigns for natural 

disaster relief. 

There are more than 80 religion-related 

international NGOs in Viet Nam. 

ENSURING EQUALITY AND NON-DISCRIMINATION AMONG

RELIGIONS

Vietnamese law provides that ‘‘all religions 

are equal before the law.’’ Missionary activities 

of religious groups are carried out customarily, 

according to Vietnamese law, without any discrimination. 

The policy and law of Viet Nam guarantees 

equality among all citizens as a principle, regardless of their sex, religion, race or age. All 

citizens have the right to nominate themselves 

and, if elected, participate in the administration 

and leadership of society. In fact, a number of 

the current members of the National Assembly 

are representatives from different religions (19 

religious followers and officials were nominated for the 13th National Assembly, 8 of 

whom were elected, 2 more than the 12th National Assembly). Many religious followers and 

officials are now members of the Viet Nam Fatherland Front or hold leadership positions in 

the government at every level. 

THE HANDLING OF CASES INVOLVING RELIGIOUS

BELIEVERS

Vietnamese law clearly states that no person may be arrested, imprisoned or sanctioned in any manner because of their exercise of their religious or spiritual beliefs. However, as in every country, those who commit 

crimes that violate the law cannot hide behind 

their religious affiliation to avoid the legal process. Those individuals are not subject to litigation because of their religious affiliation but because of their violation of the law that every 

Vietnamese citizen is expected to abide by. 

Their cases are handled in accordance with 

Vietnamese law in a country which follows the 

rule of law. 

Below is some information on some specific 

cases: 

Nguyen Van Ly: On March 30, 2007, the 

People’s Court of Thua Thien Hue province 

sentenced Nguyen Van Ly to 8 years of imprisonment and 5 years of probation (according to Article 88 of the Penal Code). While 

serving his sentence, Nguyen Van Ly was put 

in a separate cell with access to TV, newspapers, religious materials, and provided with 

nutritious food and healthcare. His family and 

representatives of the Hue Archbishopric and 

Ambassadors of the U.S., Canada and the 

U.S. Commission on International Religious 

Freedom were allowed to visit him. 

In March 2010, due to the condition of 

Nguyen Van Ly and our humanitarian approach, his imprisonment was suspended for 

12 months starting on March 15, 2010. During 

the suspension, Ly continued to conduct provocative activities violating the law and disturbing order in his hometown. After that period, health improved and Nguyen Van Ly and 

his family did not file a request for further suspension. Thus, on July 25, 2011, he was sent 

back to prison to continue serving his sentence in accordance with Viet Nam’s law on 

execution of court judgements. 

After his return to prison, his sister Nguyen 

Thi Hieu, his nephew Nguyen Cong Hoang 

and representatives of the U.S., Canadian and 

Australian Embassies have visited him at Nam 

Ha prison. At this moment, his health is stable 

and he is living in good conditions and receiving the same treatment as other inmates, according to Vietnamese law. 

Thich Quang Do: During the movement for 

the unification of Vietnamese Buddhism in 

1981, while all other Buddhist organisations 

and denominations in the country came together in common purpose, the An Quang 

sect under the Viet Nam Unified Buddhist 

Church led by Thich Huyen Quang and Thich 

Quang Do failed to reach an agreement with 

other Buddhists. 

In following years, Thich Huyen Quang and 

Thich Quang Do continued to act against the 

government by organizing their followers in an 

attempt to restore the Viet Nam Unified Buddhist Church. Thich Quang Do’s activities 

have been supported by the Viet Nam Unified 

Buddhist groups in exile, who designated him 

as the Head of the ‘‘Institute for the Dissemination of the Dharma’’. Worse than that, Thich 

Quang Do and the so-called ‘‘Viet Nam Unified Buddhist Church’’ do not cease to distort 

the policies of the State of Viet Nam and continue to engage in provocative acts to undermine national unity and religious solidarity. 

Thai Ha: In November 2011, some extremist 

clergymen from the Christ’s Redemption 

branch of Thai Ha Parish took advantage of a 

land dispute to spread false and malicious 

slander against the government and incite 

people to gather, riot and trespassed in order 

to try to illegally take over the land. However 

the local authorities have been in full compliance with the law in designating the land for 

the construction of a drainage system for 

Dong Da Hospital in order to protect and keep 

the environment clean. 

In early December 2011, some followers 

and priests of the Thai Ha Parish gathered in 

front of the Ha Noi People’s Committee to 

submit a petition. They were sent to the place 


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H5842 CONGRESSIONAL RECORD — HOUSE September 11, 2012 

designated for submitting petitions and returned home that same day. However, some 

people falsely characterized and distorted 

what happened, claiming that the government 

suppressed and detained the petitioners. At 

present, the land-related petition of the Thai 

Ha Parish is being handled by the responsible 

agency according to the law. 

Muong Nhe: In late April and early May 

2011, in the Muong Nhe district of Dien Bien 

province, some H’Mong extremists deceived, 

incited, displaced and even forced a number 

of H’Mong people from several localities to 

move to some villages in the Muong Nhe district of Dien Bien province. The extremists 

then called for the establishment of a H’Mong 

kingdom, to secede from Viet Nam Attempting 

to foment secession from the Vietnamese nation violates Vietnam’s law and causes other 

threats to law and order. The actions of these 

extremists also negatively affected the people’s lives and livelihood. Due to the bad 

weather and bad living conditions at the place 

where the extremists took people, some got 

sick and one child died. 

After the bad experiences suffered by those 

tricked into following the extremists, the authorities and people’s mass organisations in 

Muong Nhe district were easily able to explain 

to people how they were misled by the unscrupulous secessionists. The people returned 

home voluntarily, with local authorities providing them with transportation, food, medication and financial support to help in their resettlement. Only the extremists who broke the 

law were detained. Those who failed to ignite 

a split among our people have now spread 

false and malicious rumours about fighting between the army and demonstrators claiming 

‘many are wounded and dead’. Nothing could 

be further from the truth. Now that the people 

are back in their homes, peace and order has 

been restored. 

In spite of economic difficulties, the Vietnamese government always cares about and 

supports people in mountainous and remote 

areas, including the H’Mong people. The government goes to great lengths to help stabilise 

their lives through socio-economic development programmes and poverty reduction 

projects as well as promoting their indigenous 

cultures and languages. In future, the Vietnamese government will continue to promote 

and fund programmes in housing, healthcare, 

education and development of production and 

infrastructure. 

Viet Nam has facilitated the travel of foreign 

press, foreign diplomatic missions (including 

the U.S. Embassy, EU Delegation and Norwegian embassy) and international media to 

Muong Nhe to cover the news and learn about 

the reality there. 

Cau Ram Parish: The current Cua Nam garden in Cua Nam ward of Vinh City was formerly the old Cau Ram church. This church 

was completely destroyed by U.S. bombing. At 

that time, the authorities of Nghe An allowed 

Cau Ram parish to build a new church on another plot of land, where the church still 

stands today. The former site of the church 

was allocated by the Nghe An People’s Committee to the Vinh City People’s Committee for 

the development of a public garden to provide 

8 green space to city residents. Since the Cau 

Ram parish received land for its church to replace the site that was destroyed by U.S. 

bombs and its former site is now zoned for 

use as a public park, the request for the return 

of the former site is groundless. 

Local authorities have handled the Cau 

Ram parish’s and parishioners’ request in accordance with the law. The Nghe An People’s 

Committee sent an official note to the officials 

in charge of the Vinh diocese and Cau Ram 

parish responding to the proposal made by the 

Cau Ram parish, making clear the government’s policy regarding use of public lands. 

Public opinion also supports the use of the 

land as a garden. The People’s Committee 

collected public opinion in the newspapers regarding the location for a Martyrs’ Memorial, 

and propose Cua Nam garden as one of 5 

possible locations. However, the Nghe An 

People’s Committee did not selected Cua 

Nam Garden as the place to build the Martyrs’ 

Memorial 

On August 17, 2011, the Cau Ram parish 

held a meeting to sum up its theological works 

and reward young parishioners. They then 

made a procession from Cau Ram church to 

Yen Dai Parish to attend a mass for the 

Blessed Virgin. As the procession went on, 

some parishioners violated traffic rules, causing public disorder. Following the mass, parishioners dispersed voluntarily. There was no 

such thing as building the Martyrs’ Memorial 

as given in some news. No one was arrested 

or detained. 

Con Dau: In Con Dau an urban planning 

project was implemented—a project that had 

been announced in advance and discussed 

with the public and was supported by most 

households, both religious and non-religious, 

in the area. To assure harmony, Catholic 

households who lost land due to eminent domain were given increased compensation by 

the Da Nang authorities. Despite the fact that 

this project was carried out in accordance with 

all laws and regulations, some persons with 

malicious intentions took advantage of a 

Christian funeral to incite people and cause 

chaos, cynically attempting to turn a sacred 

religious ceremony into a place to vent their 

hostility. 

Ky Dong: In the past, the Redemptorist 

Church donated the house at No. 8 Ba Huyen 

Thanh Quan Street, which was just in front the 

house at No. 38 Ky Dong, District 3, Ho Chi 

Minh City, to the government to turn it into a 

school. Now the school has been renovated 

and has become ‘Pre-school No. 9’. The 

Redemptorist Church would like to now 

change its mind and has asked for the building back. However, as the transfer was voluntary and accomplished in accordance with 

Vietnamese law and the building is now properly being used as a school for the education 

of the children of the district, the church has 

no legal or other claim as to the site. 

CONCLUSION

Vietnam is a diverse country of many nationalities, cultures and religions. We treasure 

this diversity, including the many religions and 

faiths that arise from our history and shape 

our future. In recent years, our laws have developed in parallel with our commitment to 

freedom of religious expression and worship. 

As is the case with every country, not every 

law is always perfectly applied in practice in 

every instance. However Viet Nam aspires 

and is working to apply our laws in keeping 

with our policy of guaranteeing religious rights 

to our people. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentlewoman from Florida (Ms. 

ROS-LEHTINEN) that the House suspend 

the rules and pass the bill, H.R. 1410, as 

amended. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the bill, as 

amended, was passed. 

A motion to reconsider was laid on 

the table. 

f 

NORTH KOREAN REFUGEE 

ADOPTION ACT OF 2011 

Ms. ROS-LEHTINEN. Mr. Speaker, I 

move to suspend the rules and pass the 

bill (H.R. 1464) to develop a strategy for 

assisting stateless children from North 

Korea, and for other purposes. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 1464 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘North Korean Refugee Adoption Act of 2011’’. 

SEC. 2. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) thousands of North Korean children do 

not have families and are threatened with 

starvation and disease if they remain in 

North Korea or as stateless refugees in surrounding countries; 

(2) thousands of United States citizens 

would welcome the opportunity to adopt 

North Korean orphans living outside North 

Korea as de jure or de facto stateless refugees; and 

(3) the Secretary of State and the Secretary of Homeland Security should make 

every effort to facilitate the immediate care, 

family reunification, and, if necessary and 

appropriate, the adoption of any eligible 

North Korean children living outside North 

Korea as de jure or de facto stateless refugees. 

SEC. 3. DEFINITIONS. 

In this Act: 

(1) FOREIGN-SENDING COUNTRY.—The term 

‘‘foreign-sending country’’— 

(A) means— 

(i) the country of the orphan’s citizenship; 

or 

(ii) if the orphan is not permanently residing in the country of citizenship, the country 

of the orphan’s habitual residence; and 

(B) excludes any country to which the orphan— 

(i) travels temporarily; or 

(ii) travels as a prelude to, or in conjunction with, his or her adoption or immigration to the United States. 

(2) HAGUE COUNTRY.—The term ‘‘Hague 

country’’ means a country that is a signatory of the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, done at The Hague on 

May 29, 1993. 

(3) NON-HAGUE COUNTRY.—The term ‘‘nonHague country’’ means a country that is not 

a signatory of the Convention on Protection 

of Children and Cooperation in Respect of 

Intercountry Adoption, done at The Hague 

on May 29, 1993. 

SEC. 4. STRATEGY ON ADOPTION OF NORTH KOREAN CHILDREN BY UNITED STATES 

CITIZENS. 

(a) IN GENERAL.—The Secretary of State, 

in consultation with the Secretary of Homeland Security, shall develop a comprehensive 

strategy for facilitating the adoption of 

North Korean children by United States citizens. 

(b) CONSIDERATIONS.—In developing the 

strategy under this section, the Secretary 

shall— 


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