I 

115TH CONGRESS 

2D SESSION H. R. 5621 

To advance United States national interests by prioritizing the protection 

of internationally-recognized human rights and development of the rule 

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

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 25, 2018 

Mr. SMITH of New Jersey (for himself, Mrs. COMSTOCK, Mr. SHERMAN, Ms. 

ROS-LEHTINEN, Ms. LOFGREN, and Mr. LOWENTHAL) introduced the 

following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To advance United States national interests by prioritizing 

the protection of internationally-recognized human rights 

and development of the rule of law in relations between 

the United States and Vietnam, and for other purposes. 

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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

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

5 ‘‘Vietnam Human Rights Act’’. 

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

7 this Act is as follows: 


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Sec. 1. Short title and table of contents. 

Sec. 2. Finding and statement of policy. 

Sec. 3. Actions to encourage repeal of certain laws and administrative decrees 

and release of political and religious prisoners in Vietnam. 

Sec. 4. International religious freedom. 

Sec. 5. Internet freedom. 

Sec. 6. Annual country reports on human rights practices. 

Sec. 7. United States assistance to support counting of women and girls in 

Vietnam. 

Sec. 8. Illegal expropriation of properties of United States citizens by the Government of Vietnam. 

Sec. 9. Vietnam Ethnic Minority Development Fund. 

Sec. 10. United States public diplomacy. 

Sec. 11. Sense of Congress on sales of lethal military equipment or services to 

the Government of Vietnam. 

Sec. 12. Annual reports on United States-Vietnam Human Rights Dialogue 

meetings. 

1 SEC. 2. FINDING AND STATEMENT OF POLICY. 

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

3 (1) Support for human rights, democratic insti4 tutions, and the rule of law are important tenets of 

5 United States foreign policy and critical to the se6 curing of United States national interests. 

7 (2) A government’s treatment of its own people 

8 often indicates how it will behave toward its neigh9 bors and whether it will uphold international or bi10 lateral commitments. 

11 (3) Advances globally in good governance, reli12 gious freedom, an independent judiciary, a strong 

13 civil society, constraints on corruption, independent 

14 news media, and internet freedom are crucial ele15 ments in securing the peace, prosperity, and security 

16 of the American people. 


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1 (4) Free nations are more prosperous, more 

2 stable, and more reliable as trade and security part3 ners. Even when the United States has economic 

4 and security interests with governments that exhibit 

5 a pattern of gross violations of internationally-recog6 nized human rights, these violations will inhibit the 

7 development of a productive and sustainable partner8 ships. 

9 (b) STATEMENT OF POLICY.—It is the policy of the 

10 United States to— 

11 (1) support a strong, prosperous, and inde12 pendent Vietnam that promotes and protects human 

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

14 open space for civil society, media, and independent 

15 religious institutions and labor unions; 

16 (2) strengthen the bilateral relationship with 

17 Vietnam while recognizing that continued progress 

18 and strategic partnerships will depend on the Gov19 ernment of Vietnam’s commitment to abide by its 

20 international commitments, adhere to universal 

21 standards, and protect the fundamental human 

22 rights of the Vietnamese people; 

23 (3) hold an annual results-based dialogue fo24 cused on human rights issues with senior officials of 

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1 sultation with the Vietnamese-American community, 

2 human rights groups, and other experts and non3 governmental organizations about issues of concern; 

4 (4) embed human rights concerns across the 

5 full spectrum of official interactions between the 

6 Governments of the United States and Vietnam, in7 cluding in all aspects of the United States-Vietnam 

8 Comprehensive Partnership, recognizing the rel9 evance of human rights improvements in Vietnam 

10 for United States national interests and the rel11 evance of a ‘‘whole of government’’ approach to 

12 human rights promotion that views concrete im13 provements as key parts of an ongoing discussions 

14 on trade, security, humanitarian cooperation, and 

15 economic development; 

16 (5) assess Vietnam’s progress toward respecting 

17 the basic rights of workers, as described in the re18 port required by section 702 of the Foreign Rela19 tions Authorization Act, Fiscal Year 2003 (Public 

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

21 of the commitments specified in the United States22 Vietnam Plan for Enhancement of Trade and Labor 

23 Relations, notwithstanding the fact that the Trans 

24 Pacific Partnership did not go into effect; 


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1 (6) evaluate future trade negotiations with the 

2 Government of Vietnam in accordance with the cri3 teria set forth for country eligibility under sub4 sections (b)(2) and (c) of section 502 of the Trade 

5 Act of 1974 (19 U.S.C. 2462), relating to the Gen6 eralized System of Preferences, and in accordance 

7 with the provisions of the Bipartisan Congressional 

8 Trade Priorities and Accountability Act of 2015 

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

10 seq.); 

11 (7) assess whether there are any foreign per12 sons working directly or indirectly for the Govern13 ment of Vietnam who, based on credible evidence— 

14 (A) are responsible for extrajudicial 

15 killings, torture, enforced disappearances, or 

16 prolonged detention without trial against indi17 viduals in Vietnam who seek— 

18 (i) to expose illegal activity carried 

19 out by government officials; or 

20 (ii) to obtain, exercise, defend, or pro21 mote internationally-recognized human 

22 rights and freedoms, such as the freedoms 

23 of religion, expression, association, and as24 sembly, and the rights to a fair trial and 

25 democratic elections; 


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

2 foreign person in a matter relating to an activ3 ity described in subparagraph (A); 

4 (C) are government officials, or senior as5 sociates of any such official, who are respon6 sible for, or complicit in, ordering, controlling, 

7 or otherwise directing, acts of significant cor8 ruption, including the expropriation of private 

9 or public assets for personal gain, corruption 

10 related to government contracts or the extrac11 tion of natural resources, bribery, or the facili12 tation or transfer of the proceeds of corruption 

13 to foreign jurisdictions; and 

14 (D) have materially assisted, sponsored, or 

15 provided financial, material, or technological 

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

17 an activity described in subparagraph (C); and 

18 (8) impose sanctions with respect to individuals 

19 assessed to have engaged in or be complicit in the 

20 activities described in paragraph (7) under section 

21 1263 of the Global Magnitsky Human Rights Ac22 countability Act (subtitle F of title XII of Public 

23 Law 114–328; 22 U.S.C. 2656 note). 


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1 SEC. 3. ACTIONS TO ENCOURAGE REPEAL OF CERTAIN 

2 LAWS AND ADMINISTRATIVE DECREES AND 

3 RELEASE OF POLITICAL AND RELIGIOUS 

4 PRISONERS IN VIETNAM. 

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

6 (1) Since January 2017 at least 35 human 

7 rights activists and bloggers have been arrested in 

8 Vietnam. Nineteen of these individuals have already 

9 been convicted and sentenced to jail terms and the 

10 other 16 individuals have been formally charged and 

11 placed in pre-trial detention. 

12 (2) These arrests bring the number of Viet13 namese currently detained or imprisoned for political 

14 or religious reasons to 171 individuals. These indi15 viduals have been sentenced to an estimated 1,000 

16 years of imprisonment to be followed by 204 years 

17 under house arrest. These individuals include human 

18 rights defenders, bloggers, lawyers, religious leaders, 

19 trade unionists, land rights activists, political dis20 sidents, environmental campaigners, and others ar21 rested for exercising their internationally-protected 

22 rights, such as the right to freedom of expression, to 

23 promote and protect the rights of others. 

24 (3) There are also a significant number of reli25 gious prisoners affiliated with independent religious 

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1 gaged in the promotion and protection of freedom of 

2 religion and others who have been detained simply 

3 for professing or practicing their faith outside gov4 ernment approved limits. 

5 (4) The charges most commonly used against 

6 political and religious prisoners include charges 

7 under— 

8 (A) Article 79 (relating to carrying out ac9 tivities aimed at overthrowing the people’s ad10 ministration); 

11 (B) Article 87 (relating to undermining 

12 national unity policy); 

13 (C) Article 88 (relating to conducting 

14 propaganda against the Government of Viet15 nam); 

16 (D) Article 89 (relating to disrupting secu17 rity); 

18 (E) Article 245 (relating to causing public 

19 disorder); 

20 (F) Article 247 (relating to performing su21 perstitious practices); 

22 (G) Article 257 (relating to resisting per23 sons in the performance of their official duties); 

24 and 


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1 (H) Article 258 (relating to abusing demo2 cratic freedoms to infringe upon the interests of 

3 the state). 

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

5 issued Decree 72 to further restrict internet freedom 

6 in Vietnam. 

7 (b) REPEAL OF CERTAIN LAWS AND ADMINISTRA8 TIVE DECREES.—The Secretary of State, in discussions 

9 with the Government of Vietnam, should— 

10 (1) urge the Government of Vietnam to repeal 

11 laws and administrative decrees restricting freedom 

12 of expression, association, and peaceful assembly in 

13 Vietnam, including laws relating to ‘‘propaganda 

14 against the state’’ and ‘‘taking advantage of demo15 cratic freedoms to injure the national unity’’; and 

16 (2) urge the Government of Vietnam— 

17 (A) to stop arresting prodemocracy blog18 gers and other individuals who use the internet 

19 to criticize the government; and 

20 (B) to release those prodemocracy bloggers 

21 who are imprisoned. 

22 (c) RELEASE OF POLITICAL AND RELIGIOUS PRIS23 ONERS.—The Secretary of State, in discussions with the 

24 Government of Vietnam, should seek, as a critical condi25 tion of stronger United States-Vietnam relations, the imVerDate Sep 11 2014 02:12 May 04, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5621.IH H5621

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1 mediate and unconditional release all political and reli2 gious prisoners, including Nguyen Van Dai, Dao Quang 

3 Thuc, Tran Thi Xuan, Nguyen Van Tuc, Nguyen Bac 

4 Truyen, Pham Van Troi, Pastor Nguyen Trung Ton, 

5 Truong Minh Duc, Nguyen Trung Truc, and the Most 

6 Venerable Thich Quang Do. 

7 (d) STATEMENT OF POLICY.—Officials of the Gov8 ernment of Vietnam who are responsible for or complicit 

9 in torture, extrajudicial killings, the arbitrary detention of 

10 political and religious prisoners, or other gross violations 

11 of internationally-recognized human rights should be in12 vestigated by the United States and, as warranted, sanc13 tions should be imposed consistent with section 1263 of 

14 the Global Magnitsky Human Rights Accountability Act 

15 (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 

16 2656 note). 

17 SEC. 4. INTERNATIONAL RELIGIOUS FREEDOM. 

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

19 (1) The promotion and protection of the univer20 sally recognized right to the freedom of religion is a 

21 priority of United States foreign policy as stated in 

22 section 402 of the International Religious Freedom 

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

24 Congressional Trade Priorities and Accountability 

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


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1 U.S.C. 4201 et seq.) which requires the Administra2 tion to take religious freedom into account when ne3 gotiating trade agreements. 

4 (2) Countries that protect religious freedom are 

5 more prosperous, stable, peaceful and democratic. 

6 Thus, the severe restrictions faced by religious 

7 groups in Vietnam, such as members of the United 

8 Buddhist Church of Vietnam (UBCV), Catholics, 

9 and independent Hao Hoa Buddhists, Cao Dai, and 

10 Protestants groups, are detrimental to the interests 

11 of both the United States and Vietnam. 

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

13 reportedly stepped up its efforts to force Monta14 gnard and Hmong Christians to renounce their 

15 faith, expropriate lands and other real properties be16 longing to independent religious communities, de17 stroy Hoa Hao Buddhist and Cao Dai houses of 

18 worship, and arrest and detain religious leaders. Re19 ligious leaders and advocates of religious freedom re20 main in prison. 

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

22 religious freedom is vital to peace, stability, and prosperity 

23 and countries with the highest levels of restrictions on reli24 gious freedom are often those countries seeking to under25 mine United States national interests, it is the policy of 


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1 the United States to prioritize religious freedom in bilat2 eral relations, including with the Government of Vietnam, 

3 by fully implementing the provisions of the Frank R. Wolf 

4 International Religious Freedom Act (Public Law 114– 

5 281) and to strategically employ sanctions and other tools 

6 under the International Religious Freedom Act of 1998 

7 (22 U.S.C. 6401 et seq.). 

8 (c) SENSE OF CONGRESS.—It is the sense of Con9 gress that— 

10 (1) Vietnam should be designated as a country 

11 of particular concern for religious freedom under 

12 section 402(b) of the International Religious Free13 dom Act of 1998 (22 U.S.C. 6442(b)) because there 

14 are a significant number of individuals imprisoned 

15 for their religious activity or advocacy for religious 

16 freedom and for ‘‘systematic, egregious, and ongo17 ing’’ violations of religious freedom; 

18 (2) the President, in making the annual des19 ignations under section 402(b) of such Act, should 

20 take into account the annual report of the United 

21 States Commission on International Religious Free22 dom under section 203 of such Act and the Commis23 sion’s assessment that the designation of Vietnam as 

24 a country of particular concern for religious freedom 

25 from 2004 to 2006 led to tangible improvements in 


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1 religious freedom conditions while trade and security 

2 cooperation increased; and 

3 (3) since the Government of Vietnam tightly 

4 controls religious institutions and then persecutes 

5 those who establish or operate independent religious 

6 institutions and genuinely nongovernmental organi7 zations, the Secretary of State should— 

8 (A) use all available diplomatic, develop9 ment, economic assistance, and political tools to 

10 ensure that independent religious and civil soci11 ety organizations can operate freely and without 

12 restriction in Vietnam; and 

13 (B) raise these issues in all appropriate 

14 statements, dialogues, reports, and negotiations 

15 between the United States and Vietnam. 

16 SEC. 5. INTERNET FREEDOM. 

17 (a) FINDING.—Congress finds that Vietnam con18 tinues to have one of the world’s most restrictive internet 

19 environments, with pervasive filtering of content and the 

20 frequent arrests of bloggers and others whose only offense 

21 is to advocate online for positions different than those held 

22 by the government. 

23 (b) STATEMENT OF POLICY.— 


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

2 open internet and the free flow of news and informa3 tion— 

4 (A) are fundamental components of United 

5 States foreign policy because they foster eco6 nomic growth, protect individual liberties, and 

7 advance national security; and 

8 (B) are critical to the advancement of both 

9 United States economic interests and inter10 nationally-recognized human rights globally. 

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

12 the United States— 

13 (A) to pursue an open and free internet in 

14 Vietnam; and 

15 (B) to engage all appropriate instruments 

16 of United States influence to promote the free 

17 flow of news and information in Vietnam, with18 out interference or discrimination through the 

19 internet and other electronic media. 

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

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


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1 (A) ensuring the free flow of information 

2 and across the global network; 

3 (B) promoting stronger international 

4 transparency rules; and 

5 (C) ensuring fair and equal treatment of 

6 online services regardless of country of origin; 

7 and 

8 (2) the Office of Internet Freedom within the 

9 Broadcasting Board of Governors and the Internet 

10 Freedom and Business and Human Rights Section 

11 within the Bureau of Democracy, Human Rights, 

12 and Labor of the Department of State should 

13 prioritize— 

14 (A) the distribution of anti-censorship cir15 cumvention tools for computers and smart 

16 phones in Vietnam; and 

17 (B) projects to ensure the safety and pri18 vacy of bloggers and journalists in Vietnam. 

19 SEC. 6. ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 

20 PRACTICES. 

21 (a) REPORT RELATING TO ECONOMIC ASSIST22 ANCE.—Section 116 of the Foreign Assistance Act of 

23 1961 (22 U.S.C. 2151n) is amended by adding at the end 

24 the following new subsection: 


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

2 include an assessment of freedom of expression with re3 spect to electronic information in each foreign country. 

4 Such assessment shall consist of the following: 

5 ‘‘(A) An assessment of the extent to which gov6 ernment authorities in each country inappropriately 

7 attempt to filter, censor, or otherwise block or re8 move nonviolent expression of political or religious 

9 opinion or belief via the internet, including electronic 

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

11 such authorities attempt to block or remove such ex12 pression. 

13 ‘‘(B) An assessment of the extent to which gov14 ernment authorities in each country have persecuted 

15 or otherwise punished an individual or group for the 

16 nonviolent expression of political, religious, or ideo17 logical opinion or belief via the internet, including 

18 electronic mail. 

19 ‘‘(C) An assessment of the extent to which gov20 ernment authorities in each country have sought to 

21 inappropriately collect, request, obtain, or disclose 

22 personally identifiable information of a person in 

23 connection with such person’s nonviolent expression 

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


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1 including expression that would be protected by the 

2 International Covenant on Civil and Political Rights. 

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

4 communications and electronic communications are 

5 monitored without regard to the principles of pri6 vacy, human rights, democracy, and rule of law. 

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

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

9 personnel shall consult with human rights organizations, 

10 technology and internet companies, and other appropriate 

11 nongovernmental organizations. 

12 ‘‘(3) In this subsection— 

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

14 the meaning given such term in section 2510 of title 

15 18, United States Code; 

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

17 such term in section 231(e)(3) of the Communica18 tions Act of 1934 (47 U.S.C. 231(e)(3)); 

19 ‘‘(C) the term ‘personally identifiable informa20 tion’ means data in a form that identifies a par21 ticular person; and 

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

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

24 United States Code.’’. 


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1 (b) REPORT RELATING TO SECURITY ASSISTANCE.— 

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

3 U.S.C. 2304) is amended— 

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

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

6 and 

7 (2) by adding at the end the following new sub8 section: 

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

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

12 Such assessment shall consist of the following: 

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

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

17 opinion or belief via the internet, including electronic 

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

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

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

23 or otherwise punished an individual or group for the 

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1 logical opinion or belief via the internet, including 

2 electronic mail. 

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

5 inappropriately collect, request, obtain, or disclose 

6 personally identifiable information of a person in 

7 connection with such person’s nonviolent expression 

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

9 including expression that would be protected by the 

10 International Covenant on Civil and Political Rights. 

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

12 communications and electronic communications are 

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

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

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

17 personnel shall consult with human rights organizations, 

18 technology and internet companies, and other appropriate 

19 nongovernmental organizations. 

20 ‘‘(3) In this subsection— 

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

22 the meaning given such term in section 2510 of title 

23 18, United States Code; 


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

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

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

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

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

9 United States Code.’’. 

10 SEC. 7. UNITED STATES ASSISTANCE TO SUPPORT COUNT11 ING OF WOMEN AND GIRLS IN VIETNAM. 

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

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

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

15 and forced labor.’’. 

16 (2) Vietnamese men and women are subject to 

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

18 centers, and prisons and, according to the 2016 An19 nual Report on Trafficking in Persons. 

20 (3) Vietnamese migrants working in ‘‘state21 owned, private, or joint-stock companies’’ live in 

22 ‘‘situations of exploitation’’ in the construction, fish23 ing, agriculture, mining, logging and manufacturing 

24 sectors in other countries. 


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1 (b) IMPLEMENTATION OF THE GIRLS COUNT ACT OF

2 2015 IN VIETNAM.— 

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

4 (A) Vietnam’s male to female sex-ratio dis5 parity has increased despite the Vietnamese 

6 Government’s ending of its policy limiting mar7 ried couples to two children. 

8 (B) Experts believe the increase in sex9 ratio disparity favoring the birth of boys has 

10 enhanced a ‘‘missing girls’’ problem in Vietnam, 

11 rooted in a cultural preference for boys and 

12 widespread availability of pre-natal ultrasound 

13 screening. 

14 (C) Sex disparities have critical economic 

15 and social ramifications that effect United 

16 States interests, exacerbating the vulnerabilities 

17 of women to trafficking, child marriage, and re18 ducing the ability of women to seek employment 

19 and participate in educational opportunities and 

20 civil society. 

21 (2) AUTHORIZATION.—The Secretary of State 

22 is authorized to establish and support programs to— 

23 (A) monitor and halt bride and sex traf24 ficking of girls and women in Vietnam and 


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1 women from other countries in Asia, including 

2 China, as appropriate; and 

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

4 disparity through economic support and tech5 nical assistance projects as described in section 

6 4(a) of the Girls Count Act of 2015 (Public 

7 Law 114–24; 22 U.S.C. 2151 note). 

8 SEC. 8. ILLEGAL EXPROPRIATION OF PROPERTIES OF 

9 UNITED STATES CITIZENS BY THE GOVERN10 MENT OF VIETNAM. 

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

12 (1) The Government of Vietnam has used prop13 erty expropriation both to target independent 

14 churches and religious communities and to retaliate 

15 against individuals who opposed the Vietnamese 

16 Government or Communist Party or disagreed with 

17 their policies. 

18 (2) In November 2003, Vietnam’s National As19 sembly passed Resolution 23/2003/QH11 and Land 

20 Law 13/2003/QH11, which have resulted in the ex21 propriation of properties of Vietnamese Americans, 

22 and ended any possible recourse for United States 

23 citizens to reclaim their properties. 


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

2 of the United States to convey to the Government of Viet3 nam that— 

4 (1) relevant United States law protects prop5 erties of United States citizens against illegal expro6 priation by foreign governments; and 

7 (2) any decision to grant eligibility to the Gov8 ernment of Vietnam under the Generalized System 

9 of Preferences under title V of the Trade Act of 

10 1974, to provide United States foreign assistance to 

11 Vietnam under the Foreign Assistance Act of 1961, 

12 and to provide United States support for loans from 

13 international financial institutions for Vietnam will 

14 be contingent upon whether and the extent to which 

15 the Government of Vietnam has illegally expropri16 ated properties of United States citizens. 

17 SEC. 9. VIETNAM ETHNIC MINORITY DEVELOPMENT FUND. 

18 (a) FINDINGS.—Congress finds that— 

19 (1) ethnic minority groups in Vietnam face both 

20 economic pressure, discrimination, and violations of 

21 internationally-recognized human rights; and 

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

23 funds made available for Economic Support Fund 

24 and technical assistance for Vietnam be used to ‘‘ad25 dress the needs of affected communities and individVerDate Sep 11 2014 02:12 May 04, 2018 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5621.IH H5621

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1 uals’’ in ethnic minority communities, targeting spe2 cifically those areas and regions with the highest 

3 concentration of human rights violations. 

4 (b) VIETNAM ETHNIC MINORITY DEVELOPMENT

5 FUND.— 

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

7 to provide assistance to address the unique needs of 

8 ethnic minority groups in Vietnam affected by past 

9 or current severe human rights violations, including 

10 violations of the right to religious freedom, expres11 sion, and association. 

12 (2) AVAILABILITY OF AMOUNTS.—Amounts 

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

14 the Foreign Assistance Act of 1961 (22 U.S.C. 2346 

15 et seq.) for economic support programs for Vietnam 

16 are authorized to be made available to carry out 

17 paragraph (1). 

18 (3) REFERENCE TO FUND.—Assistance pro19 vided under paragraph (1) may be referred to as the 

20 ‘‘Vietnam Ethnic Minority Development Fund’’ (in 

21 this section referred to as the ‘‘Fund’’). 

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

23 in identifying ethnic minority groups in Vietnam for pur24 poses of subsection (b), consult with relevant nongovern25 mental organizations, including— 


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1 (1) Vietnamese-American and representatives of 

2 ethnic minority groups in Vietnam; and 

3 (2) the United States Commission on Inter4 national Religious Freedom. 

5 (d) REPORT.— 

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

7 consultation with the Administrator of the United 

8 States Agency for International Development, shall 

9 submit to the appropriate congressional committees 

10 a report on the implementation of this section, in11 cluding a description of— 

12 (A) programs, projects, and activities of 

13 the Fund; and 

14 (B) consultations with nongovernmental 

15 organizations and the United States Commis16 sion on International Religious Freedom in ac17 cordance with subsection (c). 

18 (2) INCLUSION IN ANNUAL REPORTS ON

19 UNITED STATES-VIETNAM HUMAN RIGHTS DIALOGUE

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

21 may be submitted to the appropriate congressional 

22 committees as part of the report required under sec23 tion 702 of the Foreign Relations Authorization Act, 

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

25 2151n note), as amended by section 13 of this Act. 


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•HR 5621 IH

1 SEC. 10. UNITED STATES PUBLIC DIPLOMACY. 

2 (a) RADIO FREE ASIA TRANSMISSIONS TO VIET3 NAM.—It is the sense of Congress that— 

4 (1) the United States should take measures to 

5 overcome the jamming of Radio Free Asia by the 

6 Government of Vietnam; and 

7 (2) the Broadcasting Board of Governors 

8 should maintain current levels of funding for the Vi9 etnamese language services of the Voice of America 

10 and Radio Free Asia. 

11 (b) UNITED STATES EDUCATIONAL AND CULTURAL

12 EXCHANGE PROGRAMS WITH VIETNAM.—It is the sense 

13 of Congress that any programs of educational and cultural 

14 exchange between the United States and Vietnam— 

15 (1) should actively promote progress toward 

16 freedom and democracy in Vietnam by providing op17 portunities to Vietnamese nationals from a wide 

18 range of occupations and perspectives to see freedom 

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

20 Vietnamese nationals who have already dem21 onstrated a commitment to these values are included 

22 in such programs; and 

23 (2) should also recognize and find ways to as24 sist Vietnam’s religious and ethnic diversity. 


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•HR 5621 IH

1 SEC. 11. SENSE OF CONGRESS ON SALES OF LETHAL MILI2 TARY EQUIPMENT OR SERVICES TO THE GOV3 ERNMENT OF VIETNAM. 

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

5 defense articles or defense services under section 38 of the 

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

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

11 be conditioned upon additional, significant, and sustained 

12 steps to advance internationally-recognized human rights. 

13 SEC. 12. ANNUAL REPORTS ON UNITED STATES-VIETNAM 

14 HUMAN RIGHTS DIALOGUE MEETINGS. 

15 Section 702 of the Foreign Relations Authorization 

16 Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 

17 2151n note) is amended by adding at the end the fol18 lowing: 

19 ‘‘(9) Ending incidents of torture, police beat20 ings, deaths in police custody, and mob or societal 

21 violence targeting religious groups or dissidents. 

22 ‘‘(10) Returning properties of independent reli23 gious communities or organizations that have been 

24 reportedly expropriated by the Government of Viet25 nam or by government-sanctioned religious organiza26 tions. 


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•HR 5621 IH

1 ‘‘(11) Addressing individual claims by United 

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

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

6 Count Act of 2015 (Public Law 114–24; 22 U.S.C. 

7 2151 note) and how it has been applied in Vietnam. 

8 ‘‘(13) Implementing economic development 

9 projects funded by the Ethnic Minority Development 

10 Fund and progress of each such project. 

11 ‘‘(14) Ensuring internet freedom and specific 

12 efforts to ensure the safety and privacy of Viet13 namese bloggers and journalists on the internet or 

14 other forms of electronic communication.’’. 

Æ 


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