II 

110TH CONGRESS 

2D SESSION S. 3678 

To promote freedom, human rights, and the rule of law in Vietnam. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Mrs. BOXER introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To promote freedom, human rights, and the rule of law 

in Vietnam. 

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; TABLE OF CONTENTS. 

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

5 ‘‘Vietnam Human Rights Act of 2008’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Purpose. 

TITLE I—PROHIBITION ON INCREASED NONHUMANITARIAN 

ASSISTANCE TO VIETNAM 

Sec. 101. Bilateral nonhumanitarian assistance. 


rfrederick on PROD1PC67 with BILLS
2 

•S 3678 IS

TITLE II—PROHIBITION ON GENERALIZED SYSTEM OF 

PREFERENCES AUTHORITY FOR VIETNAM 

Sec. 201. Prohibition on generalized system of preferences. 

TITLE III—ASSISTANCE TO SUPPORT FREEDOM, HUMAN RIGHTS, 

AND THE RULE OF LAW IN VIETNAM 

Sec. 301. Assistance. 

TITLE IV—UNITED STATES PUBLIC DIPLOMACY 

Sec. 401. Sense of Congress on diplomacy with the Government of Vietnam. 

Sec. 402. Radio Free Asia transmissions to Vietnam. 

Sec. 403. United States educational and cultural exchange programs with Vietnam. 

TITLE V—UNITED STATES REFUGEE POLICY 

Sec. 501. Refugee resettlement for nationals of Vietnam. 

TITLE VI—ANNUAL REPORT ON PROGRESS TOWARD FREEDOM, 

HUMAN RIGHTS, AND THE RULE OF LAW IN VIETNAM 

Sec. 601. Annual report. 

1 SEC. 2. FINDINGS. 

2 The Senate finds the following: 

3 (1) The bilateral relationship between the 

4 United States and the Socialist Republic of Vietnam 

5 has grown exponentially during the past 12 years, 

6 with more than $12,000,000,000 in trade between 

7 the United States and Vietnam in 2007. 

8 (2) The Government of Vietnam’s transition to9 ward greater economic freedom and trade has not 

10 been matched by comparable improvements in basic 

11 human rights for Vietnamese citizens, including free12 dom of expression, information, association, assem13 bly, and religion. 

14 (3) Despite assurances that Vietnam’s accession 

15 to the World Trade Organization would be met with 


rfrederick on PROD1PC67 with BILLS
3 

•S 3678 IS

1 greater respect for human rights, the Government of 

2 Vietnam has continued to strictly regulate some reli3 gious practices and to imprison an undetermined 

4 number of individuals for their peaceful advocacy of 

5 political views or religious beliefs. 

6 (4) Since Vietnam’s accession to the World 

7 Trade Organization on January 11, 2007, the Com8 munist Party of Vietnam has moved to suppress per9 ceived challenges to its rule by arresting dozens of 

10 democracy and human rights activists, independent 

11 trade union leaders, underground publishers, jour12 nalists, bloggers, members of ethnic minorities, and 

13 unsanctioned religious groups. 

14 (5) The Government of Vietnam has also failed 

15 to improve labor rights, continues to arrest and har16 ass labor leaders, and restricts the right to organize 

17 independently. 

18 (6) According to the 2008 Annual Report of the 

19 United States Commission on International Reli20 gious Freedom, ‘‘Vietnam’s overall human rights 

21 record remains very poor and in fact has deterio22 rated since [January 2007] . . . More than 30 legal 

23 and political reform advocates, free speech activists, 

24 labor unionists, and independent religious leaders 

25 and religious freedom advocates were arrested in 


rfrederick on PROD1PC67 with BILLS
4 

•S 3678 IS

1 2007, placed under home detention or surveillance, 

2 threatened, intimidated, and/or harassed.’’. 

3 (7) The continued expansion of the relationship 

4 between the Government of Vietnam and the Gov5 ernment of the United States should be matched by 

6 significant improvement in human rights for Viet7 namese citizens, particularly those enshrined in the 

8 International Covenant on Civil and Political Rights, 

9 of which Vietnam is a signatory. 

10 SEC. 3. PURPOSE. 

11 The purpose of this Act is to promote the develop12 ment of freedom, human rights, and the rule of law in 

13 Vietnam. 

14 TITLE I—PROHIBITION ON IN15 CREASED NONHUMANI16 TARIAN ASSISTANCE TO VIET17 NAM 

18 SEC. 101. BILATERAL NONHUMANITARIAN ASSISTANCE. 

19 (a) ASSISTANCE.— 

20 (1) IN GENERAL.—Except as provided under 

21 subsection (b), the Federal Government may not 

22 provide the Government of Vietnam with non23 humanitarian development, trade, economic, and se24 curity assistance during any fiscal year that exceeds 


rfrederick on PROD1PC67 with BILLS
5 

•S 3678 IS

1 the amount of such assistance provided during fiscal 

2 year 2008 unless— 

3 (A) the Federal Government provides as4 sistance, in addition to the assistance author5 ized under section 301(c), supporting the cre6 ation and facilitation of human rights training, 

7 civil society capacity building, noncommercial 

8 rule of law programming, and exchange pro9 grams between the Vietnamese National Assem10 bly and the United States Congress (referred to 

11 in this section as ‘‘additional human rights pro12 gramming’’) at levels commensurate with, or ex13 ceeding, any increases in nonhumanitarian de14 velopment, trade, economic, and security assist15 ance programming to Vietnam; 

16 (B) with respect to the limitation for fiscal 

17 year 2009, the President determines and cer18 tifies to Congress, not later than 30 days after 

19 the date of the enactment of this Act, that the 

20 requirements under subparagraphs (A) through 

21 (F) of paragraph (2) have been met during the 

22 12-month period ending on the date of the cer23 tification; and 

24 (C) with respect to the limitation for sub25 sequent fiscal years, the President determines 


rfrederick on PROD1PC67 with BILLS
6 

•S 3678 IS

1 and certifies to Congress, in the most recent 

2 annual report submitted pursuant to section 

3 501, that the requirements under subpara4 graphs (A) through (F) of paragraph (2) have 

5 been met during the 12-month period covered 

6 by the report. 

7 (2) REQUIREMENTS.—The requirements of this 

8 paragraph are met if— 

9 (A) the Government of Vietnam has made 

10 substantial progress toward releasing all polit11 ical and religious prisoners from imprisonment, 

12 house arrest, and other forms of detention; 

13 (B) the Government of Vietnam has made 

14 substantial progress toward— 

15 (i) respecting the right to the freedom 

16 of expression, assembly, and association, 

17 including the release of independent jour18 nalists, bloggers, democracy, and labor ac19 tivists; 

20 (ii) repealing or revising laws that 

21 criminalize peaceful dissent, independent 

22 media, unsanctioned religious activity, and 

23 nonviolent demonstrations and rallies, in 

24 accordance with international standards 

25 and treaties to which Vietnam is a party; 


rfrederick on PROD1PC67 with BILLS
7 

•S 3678 IS

1 (iii) respecting the right to the free2 dom of religion, including the right to par3 ticipate in religious activities and institu4 tions without inference, harassment, or in5 volvement of the Government, for all of 

6 Vietnam’s diverse religious communities, 

7 including the Unified Buddhist Church of 

8 Vietnam, Catholics, Protestants, Hoa Hao 

9 Buddhism, CaoDai, Khmer Buddhists, and 

10 other religious communities; and 

11 (iv) returning estates and properties 

12 confiscated from Vietnam’s religious com13 munities; 

14 (C) the Government of Vietnam has made 

15 substantial progress toward allowing Viet16 namese nationals free and open access to 

17 United States refugee programs; 

18 (D) the Government of Vietnam has made 

19 substantial progress toward granting its citizens 

20 the right to travel outside Vietnam without sig21 nificant restriction; 

22 (E) the Government of Vietnam has made 

23 substantial progress toward protecting the 

24 human rights, language, culture, land rights, 


rfrederick on PROD1PC67 with BILLS
8 

•S 3678 IS

1 and religion of all ethnic and minority groups; 

2 and 

3 (F)(i) no official of the Government of 

4 Vietnam and no agency or entity wholly or 

5 partly owned by the Government of Vietnam 

6 was complicit in a severe form of trafficking in 

7 persons; or 

8 (ii) the Government of Vietnam took all 

9 appropriate steps to end any such complicity 

10 and hold any official, agency, or entity respon11 sible for such complicity fully accountable for 

12 such conduct. 

13 (b) EXCEPTION.— 

14 (1) CONTINUATION OF ASSISTANCE IN THE NA15 TIONAL INTEREST.—If the Government of Vietnam 

16 fails to meet the requirements under subsection 

17 (a)(2), the President may waive the application of 

18 subsection (a) for any fiscal year if the President de19 termines that increased nonhumanitarian assistance 

20 to the Government of Vietnam— 

21 (A) would promote the purposes of this 

22 Act; or 

23 (B) is otherwise in the national interest of 

24 the United States. 


rfrederick on PROD1PC67 with BILLS
9 

•S 3678 IS

1 (2) EXERCISE OF WAIVER AUTHORITY.—The 

2 President may exercise the authority under para3 graph (1) with respect to— 

4 (A) all United States nonhumanitarian as5 sistance to Vietnam; or 

6 (B) 1 or more programs, projects, or ac7 tivities of such assistance. 

8 (c) DEFINITIONS.—In this section: 

9 (1) SEVERE FORMS OF TRAFFICKING IN PER10 SONS.—The term ‘‘severe forms of trafficking in 

11 persons’’ has the meaning given the term in section 

12 103(8) of the Trafficking Victims Protection Act of 

13 2000 (Public Law 106–386 (114 Stat. 1470); 22 

14 U.S.C. 7102(8)). 

15 (2) UNITED STATES NONHUMANITARIAN AS16 SISTANCE.—The term ‘‘United States nonhumani17 tarian assistance’’ means— 

18 (A) any assistance authorized under the 

19 Foreign Assistance Act of 1961 (22 U.S.C. 

20 2151 et seq.), including programs under title IV 

21 of chapter 2 of part I of such Act relating to 

22 the Overseas Private Investment Corporation, 

23 except for— 


rfrederick on PROD1PC67 with BILLS
10 

•S 3678 IS

1 (i) disaster relief assistance, including 

2 any assistance under chapter 9 of part I of 

3 such Act; 

4 (ii) assistance which involves the pro5 vision of food (including monetization of 

6 food), health care, or medicine; 

7 (iii) assistance for refugees; and 

8 (iv) assistance to combat HIV/AIDS, 

9 including any assistance under section 

10 104A of such Act; and 

11 (B) sales, or financing on any terms, au12 thorized under the Arms Export Control Act 

13 (22 U.S.C. 2751 et seq.). 

14 TITLE II—PROHIBITION ON GEN15 ERALIZED SYSTEM OF PREF16 ERENCES AUTHORITY FOR 

17 VIETNAM 

18 SEC. 201. PROHIBITION ON GENERALIZED SYSTEM OF 

19 PREFERENCES. 

20 The President may not provide duty-free treatment 

21 for eligible articles from Vietnam under title V of the 

22 Trade Act of 1974 (19 U.S.C. 2461 et seq.) until the 

23 President determines and certifies to Congress that the 

24 Government of Vietnam— 


rfrederick on PROD1PC67 with BILLS
11 

•S 3678 IS

1 (1) fully protects the freedom of association, in 

2 law and in practice; and 

3 (2) does not engage in or condone serious viola4 tions of the rights of workers, including the deten5 tion, harassment, or arrest of labor activists or indi6 viduals who write, speak, or otherwise disseminate 

7 information relating to labor rights. 

8 TITLE III—ASSISTANCE TO SUP9 PORT FREEDOM, HUMAN 

10 RIGHTS, AND THE RULE OF 

11 LAW IN VIETNAM 

12 SEC. 301. ASSISTANCE. 

13 (a) IN GENERAL.—The President is authorized to 

14 provide assistance, through appropriate nongovernmental 

15 organizations and the Human Rights Defenders Fund, for 

16 the support of individuals and organizations to promote 

17 internationally recognized human rights in Vietnam. 

18 (b) LIMITATION.—Financial assistance authorized 

19 under this section may only be provided to an individual, 

20 organization, or entity that officially opposes the use of 

21 violence and terrorism. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the President— 

24 (1) $2,000,000 for each of the fiscal years 2009 

25 and 2010; and 


rfrederick on PROD1PC67 with BILLS
12 

•S 3678 IS

1 (2) any additional amounts that may be needed 

2 to carry out the provisions described in section 

3 101(a)(1)(A). 

4 TITLE IV—UNITED STATES 

5 PUBLIC DIPLOMACY 

6 SEC. 401. SENSE OF CONGRESS ON DIPLOMACY WITH THE 

7 GOVERNMENT OF VIETNAM. 

8 (a) IN GENERAL.—It is the sense of Congress that 

9 in diplomatic discussions with the Government of Viet10 nam, including at the United States-Vietnam Human 

11 Rights Dialogue and other strategic dialogues in which of12 ficials of the Department of State participates or initiates 

13 with representatives of the Government of Vietnam, that 

14 such officials shall seek substantial progress by the Gov15 ernment of Vietnam toward— 

16 (1) releasing all those detained or restricted by 

17 the Government of Vietnam because of the expres18 sion of their views or the practice of their faith; 

19 (2) fully respecting the right to freedom of reli20 gion and the right of all religious groups and adher21 ents, including those choosing not to join or affiliate 

22 with government-organized oversight committees, 

23 to— 

24 (A) legally operate without government re25 strictions; and 


rfrederick on PROD1PC67 with BILLS
13 

•S 3678 IS

1 (B) participate in religious activities and 

2 institutions without interference by, or the in3 volvement of, the Government of Vietnam; 

4 (3) returning all estates and properties con5 fiscated by the Government of Vietnam from church6 es and religious institutions in Vietnam; 

7 (4) allowing Vietnamese nationals free and open 

8 access to United States refugee programs; 

9 (5) respecting the human rights of members of 

10 all ethnic minority groups, including— 

11 (A) language instruction; 

12 (B) cultural preservation; 

13 (C) religious freedom; 

14 (D) land rights; and 

15 (E) the freedom of assembly; 

16 (6) respecting the freedom of association, in17 cluding— 

18 (A) protecting the rights of independent 

19 labor activists; 

20 (B) removing prohibitions on workers 

21 forming or joining independent labor unions; 

22 and 

23 (C) not engaging in or condoning serious 

24 violations of the rights of workers; 


rfrederick on PROD1PC67 with BILLS
14 

•S 3678 IS

1 (7) respecting the freedom of expression, in2 cluding— 

3 (A) repealing or revising laws, decrees, and 

4 ordinances that limit such freedom; 

5 (B) authorizing the publication of inde6 pendent, privately-run newspapers and maga7 zines; 

8 (C) removing filtering, surveillance, and 

9 other restrictions on internet usage; and 

10 (D) respecting the right to peaceful dis11 semination of opinions and views over the Inter12 net; 

13 (8) revising laws, ordinances, and decrees that 

14 contradict the standards of the International Cov15 enant on Civil and Political Rights, including— 

16 (A) protections for the freedom of expres17 sion, freedom of assembly, freedom of associa18 tion, and the freedom of religion; and 

19 (B) the right to legal representation and a 

20 fair trial; 

21 (9) repealing provisions in Vietnamese law that 

22 criminalize peaceful dissent, independent media, 

23 unsanctioned religious activity, and non-violent dem24 onstrations and rallies, including— 


rfrederick on PROD1PC67 with BILLS
15 

•S 3678 IS

1 (A) vague national security provisions in 

2 Vietnam’s Criminal Code, such as article 80 

3 (spying), article 87 (undermining the unity pol4 icy), article 88 (anti-government propaganda), 

5 article 89 (disrupting security), article 245 

6 (causing public disorder), and article 258 

7 (abusing democratic rights to infringe upon na8 tional interests); and 

9 (B) Ordinance 44, which authorizes the in10 voluntary commitment of persons deemed to 

11 have violated national security laws to social 

12 protection centers, rehabilitation camps, or 

13 mental institutions without judicial process; and 

14 (10) ensuring that the Government of Viet15 nam— 

16 (A) hold government officials, agencies, 

17 and entities that violate the human rights of 

18 persons in Vietnam accountable under the law; 

19 and 

20 (B) provide appropriate measures to inves21 tigate, discipline, and punish such officials, 

22 agencies, and entities. 

23 (b) CONSULTATION REQUIRED.—The Secretary of 

24 State shall develop strategies for reaching the objectives 

25 described in subsection (a) through consultation with— 


rfrederick on PROD1PC67 with BILLS
16 

•S 3678 IS

1 (1) Vietnamese-American groups; 

2 (2) representatives from the Khmer, 

3 Montagnard, and Hmong communities; 

4 (3) human rights organizations, including inter5 national human rights organizations; and 

6 (4) the United States Commission on Inter7 national Religious Freedom. 

8 SEC. 402. RADIO FREE ASIA TRANSMISSIONS TO VIETNAM. 

9 (a) POLICY OF THE UNITED STATES.—It is the pol10 icy of the United States to take such measures as may 

11 be necessary to overcome the jamming of Radio Free Asia 

12 by the Government of Vietnam. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi14 tion to such amounts as are otherwise authorized to be 

15 appropriated for the Broadcasting Board of Governors, 

16 there are authorized to be appropriated to carry out the 

17 policy described in subsection (a)— 

18 (1) $9,100,000 for fiscal year 2009; and 

19 (2) $1,100,000 for fiscal year 2010. 

20 SEC. 403. UNITED STATES EDUCATIONAL AND CULTURAL 

21 EXCHANGE PROGRAMS WITH VIETNAM. 

22 It is the policy of the United States that programs 

23 of educational and cultural exchange with Vietnam should 

24 actively promote progress toward freedom in Vietnam 

25 by— 


rfrederick on PROD1PC67 with BILLS
17 

•S 3678 IS

1 (1) providing opportunities to Vietnamese na2 tionals from a wide range of occupations and per3 spectives to see freedom, human rights, and the rule 

4 of law in action; and 

5 (2) ensuring that Vietnamese nationals who 

6 have already demonstrated a commitment to such 

7 values are included in such programs. 

8 TITLE V—UNITED STATES 

9 REFUGEE POLICY 

10 SEC. 501. REFUGEE RESETTLEMENT FOR NATIONALS OF 

11 VIETNAM. 

12 (a) POLICY OF THE UNITED STATES.—It is the pol13 icy of the United States to offer refugee resettlement to 

14 nationals of Vietnam (including members of the 

15 Montagnard ethnic minority groups) who were eligible for 

16 the Humanitarian Resettlement Program, the Orderly De17 parture Program, Resettlement Opportunities for Viet18 namese Returnees Program, the Amerasian Homecoming 

19 Act of 1988, or any other United States refugee program 

20 and who were deemed ineligible due to administrative 

21 error or who for reasons beyond the control of such indi22 viduals (including insufficient or contradictory information 

23 or the inability to pay bribes demanded by officials of the 

24 Government of Vietnam) were unable or failed to apply 


rfrederick on PROD1PC67 with BILLS
18 

•S 3678 IS

1 for such programs in compliance with deadlines imposed 

2 by the Department of State. 

3 (b) AUTHORIZED ACTIVITIES.—Of the amounts au4 thorized to be appropriated to the Department of State 

5 for Migration and Refugee Assistance for each of the fiscal 

6 years 2009, 2010, and 2011, such sums as may be nec7 essary shall be made available for the protection (including 

8 resettlement, as appropriate) of Vietnamese refugees and 

9 asylum seekers, including Montagnards in Cambodia. 

10 TITLE VI—ANNUAL REPORT ON 

11 PROGRESS TOWARD FREE12 DOM, HUMAN RIGHTS, AND 

13 THE RULE OF LAW IN VIET14 NAM 

15 SEC. 601. ANNUAL REPORT. 

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

17 date of the enactment of this Act, and every 12 months 

18 thereafter, the Secretary of State shall submit a report 

19 to Congress that contains— 

20 (1) a description of the programs established to 

21 meet the additional human rights programming re22 quirements described in section 101(a)(1); 

23 (2)(A) the determination and certification of 

24 the President that the requirements of subparaVerDate Aug 31 2005 02:25 Oct 07, 2008 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3678.IS S3678

rfrederick on PROD1PC67 with BILLS
19 

•S 3678 IS

1 graphs (A) through (E) of section 101(a)(2) have 

2 been met, if applicable; and 

3 (B) the determination of the President under 

4 section 101(b)(1), if applicable; 

5 (3) the steps taken to achieve the objectives de6 scribed in section 401(a); 

7 (4) a description of the efforts by the United 

8 States Government to secure transmission sites for 

9 Radio Free Asia in countries in close geographical 

10 proximity to Vietnam, in accordance with section 

11 301(a); 

12 (5) a description of the efforts to ensure that 

13 programs with Vietnam promote the policy described 

14 in section 302 of this Act and in section 105 of the 

15 Human Rights, Refugee, and Other Foreign Policy 

16 Provisions Act of 1996, regarding participation in 

17 programs of educational and cultural exchange; 

18 (6) the steps taken to carry out the policy de19 scribed in section 402(a); 

20 (7) lists of persons believed to be imprisoned, 

21 detained, placed under house arrest, tortured, or 

22 otherwise persecuted by the Government of Vietnam 

23 due to their pursuit of internationally recognized 

24 human rights, which is compiled by the Secretary 

25 with appropriate discretion, including concerns reVerDate Aug 31 2005 02:25 Oct 07, 2008 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3678.IS S3678

rfrederick on PROD1PC67 with BILLS
20 

•S 3678 IS

1 garding the safety and security of, and benefit to, 

2 the persons who may be included on the lists and 

3 their families; 

4 (8) a list of the persons and their families de5 scribed in paragraph (7) who may qualify for protec6 tions under United States refugee programs; and 

7 (9) a description of the development of the rule 

8 of law in Vietnam, including— 

9 (A) progress made toward the development 

10 of institutions of democratic governance in Viet11 nam; 

12 (B) the processes by which statutes, regu13 lations, rules, and other legal acts of the Gov14 ernment of Vietnam are developed and become 

15 binding within Vietnam; 

16 (C) the extent to which statutes, regula17 tions, rules, administrative and judicial deci18 sions, and other legal acts of the Government of 

19 Vietnam are published and are made accessible 

20 to the public; 

21 (D) the extent to which administrative and 

22 judicial decisions are supported by statements 

23 of reasons based upon written statutes, regula24 tions, rules, and other legal acts of the Govern25 ment of Vietnam; 


rfrederick on PROD1PC67 with BILLS
21 

•S 3678 IS

1 (E) the extent to which individuals are 

2 treated equally under the laws of Vietnam with3 out regard to citizenship, race, religion, political 

4 opinion, or current or former associations; 

5 (F) the extent to which administrative and 

6 judicial decisions are independent of political 

7 pressure or governmental interference and are 

8 reviewed by entities of appellate jurisdiction; 

9 and 

10 (G) the extent to which laws in Vietnam 

11 are written and administered in ways that are 

12 consistent with international human rights 

13 standards, including the requirements of the 

14 International Covenant on Civil and Political 

15 Rights. 

16 (b) CONTACTS WITH OTHER ORGANIZATIONS.—In 

17 preparing the report under subsection (a), the Secretary 

18 shall— 

19 (1) seek out and maintain contacts with non20 governmental organizations and human rights advo21 cates (including Vietnamese-Americans and human 

22 rights advocates in Vietnam), as appropriate; 

23 (2) receive reports and updates from such orga24 nizations and evaluate such reports; and 


rfrederick on PROD1PC67 with BILLS
22 

•S 3678 IS

1 (3) seek to consult with the United States Com2 mission on International Religious Freedom for ap3 propriate sections of the report. 

Æ 


rfrederick on PROD1PC67 with BILLS