II 

111TH CONGRESS 

1ST SESSION S. 1159 

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

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2009 

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 2009’’. 

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. 


PWALKER on PROD1PC71 with BILLS
2 

•S 1159 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 $15,700,000,000 in trade between 

7 the United States and Vietnam in 2008. 

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 


PWALKER on PROD1PC71 with BILLS
3 

•S 1159 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 2009 Annual Report of the 

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

21 record remains poor, and has deteriorated since 

22 Vietnam joined the WTO in January 2007 . . . Over 

23 the past two years, the government has moved deci24 sively to repress any perceived challenges to its au25 thority, tightening controls on the freedom of expresVerDate Nov 24 2008 19:31 May 26, 2009 Jkt 079006 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159

PWALKER on PROD1PC71 with BILLS
4 

•S 1159 IS

1 sion, association, and assembly. New decrees were 

2 issued last year prohibiting peaceful protest in prop3 erty disputes and limiting speech on the internet. As 

4 many as 40 legal and political reform advocates, free 

5 speech activists, human rights defenders, labor 

6 unionists, journalists, bloggers, and independent reli7 gious leaders and religious freedom advocates have 

8 been arrested and others have been placed under 

9 home detention or surveillance, threatened, intimi10 dated, and harassed.’’. 

11 (7) The continued expansion of the relationship 

12 between the Government of Vietnam and the Gov13 ernment of the United States should be matched by 

14 significant improvement in human rights for Viet15 namese citizens, particularly those enshrined in the 

16 International Covenant on Civil and Political Rights, 

17 of which Vietnam is a signatory. 

18 SEC. 3. PURPOSE. 

19 The purpose of this Act is to promote the develop20 ment of freedom, human rights, and the rule of law in 

21 Vietnam. 


PWALKER on PROD1PC71 with BILLS
5 

•S 1159 IS

1 TITLE I—PROHIBITION ON IN2 CREASED NONHUMANI3 TARIAN ASSISTANCE TO VIET4 NAM 

5 SEC. 101. BILATERAL NONHUMANITARIAN ASSISTANCE. 

6 (a) ASSISTANCE.— 

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

8 subsection (b), the Federal Government may not 

9 provide the Government of Vietnam with non10 humanitarian development, trade, economic, and se11 curity assistance during any fiscal year that exceeds 

12 the amount of such assistance provided during fiscal 

13 year 2009 unless— 

14 (A) the Federal Government provides as15 sistance, in addition to the assistance author16 ized under section 301(c), supporting the cre17 ation and facilitation of human rights training, 

18 civil society capacity building, noncommercial 

19 rule of law programming, and exchange pro20 grams between the Vietnamese National Assem21 bly and the United States Congress (referred to 

22 in this section as ‘‘additional human rights pro23 gramming’’) at levels commensurate with, or ex24 ceeding, any increases in nonhumanitarian deVerDate Nov 24 2008 19:31 May 26, 2009 Jkt 079006 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159

PWALKER on PROD1PC71 with BILLS
6 

•S 1159 IS

1 velopment, trade, economic, and security assist2 ance programming to Vietnam; 

3 (B) with respect to the limitation for fiscal 

4 year 2010, the President determines and cer5 tifies to Congress, not later than 30 days after 

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

7 requirements under subparagraphs (A) through 

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

9 12-month period ending on the date of the cer10 tification; and 

11 (C) with respect to the limitation for sub12 sequent fiscal years, the President determines 

13 and certifies to Congress, in the most recent 

14 annual report submitted pursuant to section 

15 601, that the requirements under subpara16 graphs (A) through (F) of paragraph (2) have 

17 been met during the 12-month period covered 

18 by the report. 

19 (2) REQUIREMENTS.—The requirements of this 

20 paragraph are met if— 

21 (A) the Government of Vietnam has made 

22 substantial progress toward releasing all polit23 ical and religious prisoners from imprisonment, 

24 house arrest, and other forms of detention; 


PWALKER on PROD1PC71 with BILLS
7 

•S 1159 IS

1 (B) the Government of Vietnam has made 

2 substantial progress toward— 

3 (i) respecting the right to the freedom 

4 of expression, assembly, and association, 

5 including the release of independent jour6 nalists, bloggers, democracy, and labor ac7 tivists; 

8 (ii) repealing or revising laws that 

9 criminalize peaceful dissent, independent 

10 media, unsanctioned religious activity, and 

11 nonviolent demonstrations and rallies, in 

12 accordance with international standards 

13 and treaties to which Vietnam is a party; 

14 (iii) respecting the right to the free15 dom of religion, including the right to par16 ticipate in religious activities and institu17 tions without inference, harassment, or in18 volvement of the Government, for all of 

19 Vietnam’s diverse religious communities, 

20 including the Unified Buddhist Church of 

21 Vietnam, Catholics, Protestants, Hoa Hao 

22 Buddhism, CaoDai, Khmer Buddhists, and 

23 other religious communities; and 


PWALKER on PROD1PC71 with BILLS
8 

•S 1159 IS

1 (iv) returning estates and properties 

2 confiscated from Vietnam’s religious com3 munities; 

4 (C) the Government of Vietnam has made 

5 substantial progress toward allowing Viet6 namese nationals free and open access to 

7 United States refugee programs; 

8 (D) the Government of Vietnam has made 

9 substantial progress toward granting its citizens 

10 the right to travel outside Vietnam without sig11 nificant restriction; 

12 (E) the Government of Vietnam has made 

13 substantial progress toward protecting the 

14 human rights, language, culture, land rights, 

15 and religion of all ethnic and minority groups; 

16 and 

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

18 Vietnam and no agency or entity wholly or 

19 partly owned by the Government of Vietnam 

20 was complicit in a severe form of trafficking in 

21 persons; or 

22 (ii) the Government of Vietnam took all 

23 appropriate steps to end any such complicity 

24 and hold any official, agency, or entity responVerDate Nov 24 2008 19:31 May 26, 2009 Jkt 079006 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1159.IS S1159

PWALKER on PROD1PC71 with BILLS
9 

•S 1159 IS

1 sible for such complicity fully accountable for 

2 such conduct. 

3 (b) EXCEPTION.— 

4 (1) CONTINUATION OF ASSISTANCE IN THE NA5 TIONAL INTEREST.—If the Government of Vietnam 

6 fails to meet the requirements under subsection 

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

8 subsection (a) for any fiscal year if the President de9 termines that increased nonhumanitarian assistance 

10 to the Government of Vietnam— 

11 (A) would promote the purposes of this 

12 Act; or 

13 (B) is otherwise in the national interest of 

14 the United States. 

15 (2) EXERCISE OF WAIVER AUTHORITY.—The 

16 President may exercise the authority under para17 graph (1) with respect to— 

18 (A) all United States nonhumanitarian as19 sistance to Vietnam; or 

20 (B) 1 or more programs, projects, or ac21 tivities of such assistance. 

22 (c) DEFINITIONS.—In this section: 

23 (1) SEVERE FORMS OF TRAFFICKING IN PER24 SONS.—The term ‘‘severe forms of trafficking in 

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


PWALKER on PROD1PC71 with BILLS
10 

•S 1159 IS

1 103(8) of the Trafficking Victims Protection Act of 

2 2000 (Public Law 106–386 (114 Stat. 1470); 22 

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

4 (2) UNITED STATES NONHUMANITARIAN AS5 SISTANCE.—The term ‘‘United States nonhumani6 tarian assistance’’ means— 

7 (A) any assistance authorized under the 

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

9 2151 et seq.), including programs under title IV 

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

11 the Overseas Private Investment Corporation, 

12 except for— 

13 (i) disaster relief assistance, including 

14 any assistance under chapter 9 of part I of 

15 such Act; 

16 (ii) assistance which involves the pro17 vision of food (including monetization of 

18 food), health care, medicine, or social serv19 ices and disability relief programs; 

20 (iii) assistance for refugees; 

21 (iv) assistance to combat HIV/AIDS, 

22 including any assistance under section 

23 104A of such Act; and 

24 (v) assistance to address the environ25 mental consequences of dioxin; and 


PWALKER on PROD1PC71 with BILLS
11 

•S 1159 IS

1 (B) sales, or financing on any terms, au2 thorized under the Arms Export Control Act 

3 (22 U.S.C. 2751 et seq.). 

4 TITLE II—PROHIBITION ON GEN5 ERALIZED SYSTEM OF PREF6 ERENCES AUTHORITY FOR 

7 VIETNAM 

8 SEC. 201. PROHIBITION ON GENERALIZED SYSTEM OF 

9 PREFERENCES. 

10 The President may not provide duty-free treatment 

11 for eligible articles from Vietnam under title V of the 

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

13 President determines and certifies to Congress that the 

14 Government of Vietnam— 

15 (1) fully protects the freedom of association, in16 cluding the right to form and join labor unions and 

17 collectively bargain with employers, in law and in 

18 practice; 

19 (2) protects from harm and does not itself en20 gage in or condone serious violations of the rights of 

21 workers, including the detention, harassment, or ar22 rest of labor activists or individuals who write, 

23 speak, or otherwise disseminate information relating 

24 to labor rights; 


PWALKER on PROD1PC71 with BILLS
12 

•S 1159 IS

1 (3) fully protects in law and in practice inter2 nationally recognized workers’ rights, including pro3 hibitions on forced labor and a minimum age for the 

4 employment of children; and 

5 (4) has released all persons detained for peace6 ful activities to promote the rights of workers to 

7 freely express concerns and to freely assemble and 

8 associate, including the right to form and join trade 

9 unions of their own choice. 

10 TITLE III—ASSISTANCE TO SUP11 PORT FREEDOM, HUMAN 

12 RIGHTS, AND THE RULE OF 

13 LAW IN VIETNAM 

14 SEC. 301. ASSISTANCE. 

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

16 provide assistance, through appropriate nongovernmental 

17 organizations and the Human Rights Defenders Fund, for 

18 the support of individuals and organizations to promote 

19 internationally recognized human rights in Vietnam. 

20 (b) LIMITATION.—Financial assistance authorized 

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

22 organization, or entity that officially opposes the use of 

23 violence and terrorism. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to the President— 


PWALKER on PROD1PC71 with BILLS
13 

•S 1159 IS

1 (1) $2,000,000 for each of the fiscal years 2010 

2 and 2011; and 

3 (2) any additional amounts that may be needed 

4 to carry out the provisions described in section 

5 101(a)(1)(A). 

6 TITLE IV—UNITED STATES 

7 PUBLIC DIPLOMACY 

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

9 GOVERNMENT OF VIETNAM. 

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

11 in diplomatic discussions with the Government of Viet12 nam, including at the United States-Vietnam Human 

13 Rights Dialogue and other strategic dialogues in which of14 ficials of the Department of State participates or initiates 

15 with representatives of the Government of Vietnam, that 

16 such officials shall seek substantial progress by the Gov17 ernment of Vietnam toward— 

18 (1) releasing all those detained or restricted by 

19 the Government of Vietnam because of the expres20 sion of their views or the practice of their faith; 

21 (2) fully respecting the right to freedom of reli22 gion and the right of all religious groups and adher23 ents, including those choosing not to join or affiliate 

24 with government-organized oversight committees, 

25 to— 


PWALKER on PROD1PC71 with BILLS
14 

•S 1159 IS

1 (A) legally operate without government re2 strictions; and 

3 (B) participate in religious activities and 

4 institutions without interference by, or the in5 volvement of, the Government of Vietnam; 

6 (3) returning all estates and properties con7 fiscated by the Government of Vietnam from church8 es and religious institutions in Vietnam; 

9 (4) allowing Vietnamese nationals free and open 

10 access to United States refugee programs; 

11 (5) respecting the human rights of members of 

12 all ethnic minority groups, including— 

13 (A) language instruction; 

14 (B) cultural preservation; 

15 (C) religious freedom; 

16 (D) land rights; and 

17 (E) the freedom of assembly; 

18 (6) respecting the freedom of association, in19 cluding— 

20 (A) protecting the rights of independent 

21 labor activists; 

22 (B) removing prohibitions on workers 

23 forming or joining independent labor unions; 

24 and 


PWALKER on PROD1PC71 with BILLS
15 

•S 1159 IS

1 (C) not engaging in or condoning serious 

2 violations of the rights of workers; 

3 (7) respecting the freedom of expression, in4 cluding— 

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

6 ordinances that limit such freedom; 

7 (B) authorizing the publication of inde8 pendent, privately-run newspapers and maga9 zines; 

10 (C) removing filtering, surveillance, and 

11 other restrictions on Internet usage; and 

12 (D) respecting the right to peaceful dis13 semination of opinions and views over the Inter14 net; 

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

16 contradict the standards of the International Cov17 enant on Civil and Political Rights, including— 

18 (A) protections for the freedom of expres19 sion, freedom of assembly, freedom of associa20 tion, and the freedom of religion; and 

21 (B) the right to legal representation and a 

22 fair trial; 

23 (9) repealing provisions in Vietnamese law that 

24 criminalize peaceful dissent, independent media, 


PWALKER on PROD1PC71 with BILLS
16 

•S 1159 IS

1 unsanctioned religious activity, and non-violent dem2 onstrations and rallies, including— 

3 (A) vague national security provisions in 

4 Vietnam’s Criminal Code, such as article 80 

5 (spying), article 87 (undermining the unity pol6 icy), article 88 (anti-government propaganda), 

7 article 89 (disrupting security), article 245 

8 (causing public disorder), and article 258 

9 (abusing democratic rights to infringe upon na10 tional interests); and 

11 (B) Ordinance 44, which authorizes the in12 voluntary commitment of persons deemed to 

13 have violated national security laws to social 

14 protection centers, rehabilitation camps, or 

15 mental institutions without judicial process; and 

16 (10) ensuring that the Government of Viet17 nam— 

18 (A) hold government officials, agencies, 

19 and entities that violate the human rights of 

20 persons in Vietnam accountable under the law; 

21 and 

22 (B) provide appropriate measures to inves23 tigate, discipline, and punish such officials, 

24 agencies, and entities. 


PWALKER on PROD1PC71 with BILLS
17 

•S 1159 IS

1 (b) CONSULTATION REQUIRED.—The Secretary of 

2 State shall develop strategies for reaching the objectives 

3 described in subsection (a) through consultation with— 

4 (1) Vietnamese-American groups; 

5 (2) representatives from the Khmer, 

6 Montagnard, and Hmong communities; 

7 (3) human rights organizations, including inter8 national human rights organizations; and 

9 (4) the United States Commission on Inter10 national Religious Freedom. 

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

12 (a) POLICY OF THE UNITED STATES.—It is the pol13 icy of the United States to take such measures as may 

14 be necessary to overcome the jamming of Radio Free Asia 

15 by the Government of Vietnam. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi17 tion to such amounts as are otherwise authorized to be 

18 appropriated for the Broadcasting Board of Governors, 

19 there are authorized to be appropriated to carry out the 

20 policy described in subsection (a)— 

21 (1) $12,500,000 for fiscal year 2010; and 

22 (2) $2,500,000 for fiscal year 2011. 


PWALKER on PROD1PC71 with BILLS
18 

•S 1159 IS

1 SEC. 403. UNITED STATES EDUCATIONAL AND CULTURAL 

2 EXCHANGE PROGRAMS WITH VIETNAM. 

3 It is the policy of the United States that programs 

4 of educational and cultural exchange with Vietnam should 

5 actively promote progress toward freedom in Vietnam 

6 by— 

7 (1) providing opportunities to Vietnamese na8 tionals from a wide range of occupations and per9 spectives to see freedom, human rights, and the rule 

10 of law in action; and 

11 (2) ensuring that Vietnamese nationals who 

12 have already demonstrated a commitment to such 

13 values are included in such programs. 

14 TITLE V—UNITED STATES 

15 REFUGEE POLICY 

16 SEC. 501. REFUGEE RESETTLEMENT FOR NATIONALS OF 

17 VIETNAM. 

18 (a) POLICY OF THE UNITED STATES.—It is the pol19 icy of the United States to offer refugee resettlement to 

20 nationals of Vietnam (including members of the 

21 Montagnard ethnic minority groups) who were eligible for 

22 the Humanitarian Resettlement Program, the Orderly De23 parture Program, Resettlement Opportunities for Viet24 namese Returnees Program, the Amerasian Homecoming 

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

26 and who were deemed ineligible due to administrative 


PWALKER on PROD1PC71 with BILLS
19 

•S 1159 IS

1 error or who for reasons beyond the control of such indi2 viduals (including insufficient or contradictory information 

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

4 Government of Vietnam) were unable or failed to apply 

5 for such programs in compliance with deadlines imposed 

6 by the Department of State. 

7 (b) AUTHORIZED ACTIVITIES.—Of the amounts au8 thorized to be appropriated to the Department of State 

9 for Migration and Refugee Assistance for each of the fiscal 

10 years 2010, 2011, and 2012, such sums as may be nec11 essary shall be made available for the protection (including 

12 resettlement, as appropriate) of Vietnamese refugees and 

13 asylum seekers, including Montagnards in Cambodia. 

14 TITLE VI—ANNUAL REPORT ON 

15 PROGRESS TOWARD FREE16 DOM, HUMAN RIGHTS, AND 

17 THE RULE OF LAW IN VIET18 NAM 

19 SEC. 601. ANNUAL REPORT. 

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

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

22 thereafter, the Secretary of State shall submit a report 

23 to Congress that contains— 


PWALKER on PROD1PC71 with BILLS
20 

•S 1159 IS

1 (1) a description of the programs established to 

2 meet the additional human rights programming re3 quirements described in section 101(a)(1); 

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

5 the President that the requirements of subpara6 graphs (A) through (E) of section 101(a)(2) have 

7 been met, if applicable; and 

8 (B) the determination of the President under 

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

10 (3) the steps taken to achieve the objectives de11 scribed in section 401(a); 

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

13 States Government to secure transmission sites for 

14 Radio Free Asia in countries in close geographical 

15 proximity to Vietnam, in accordance with section 

16 402(a); 

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

18 programs with Vietnam promote the policy described 

19 in section 403 of this Act and in section 105 of the 

20 Human Rights, Refugee, and Other Foreign Policy 

21 Provisions Act of 1996, regarding participation in 

22 programs of educational and cultural exchange; 

23 (6) the steps taken to carry out the policy de24 scribed in section 501(a); 


PWALKER on PROD1PC71 with BILLS
21 

•S 1159 IS

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

2 detained, placed under house arrest, tortured, or 

3 otherwise persecuted by the Government of Vietnam 

4 due to their pursuit of internationally recognized 

5 human rights, which is compiled by the Secretary 

6 with appropriate discretion, including concerns re7 garding the safety and security of, and benefit to, 

8 the persons who may be included on the lists and 

9 their families; 

10 (8) a list of the persons and their families de11 scribed in paragraph (7) who may qualify for protec12 tions under United States refugee programs; and 

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

14 of law in Vietnam, including— 

15 (A) progress made toward the development 

16 of institutions of democratic governance in Viet17 nam; 

18 (B) the processes by which statutes, regu19 lations, rules, and other legal acts of the Gov20 ernment of Vietnam are developed and become 

21 binding within Vietnam; 

22 (C) the extent to which statutes, regula23 tions, rules, administrative and judicial deci24 sions, and other legal acts of the Government of 


PWALKER on PROD1PC71 with BILLS
22 

•S 1159 IS

1 Vietnam are published and are made accessible 

2 to the public; 

3 (D) the extent to which administrative and 

4 judicial decisions are supported by statements 

5 of reasons based upon written statutes, regula6 tions, rules, and other legal acts of the Govern7 ment of Vietnam; 

8 (E) the extent to which individuals are 

9 treated equally under the laws of Vietnam with10 out regard to citizenship, race, religion, political 

11 opinion, or current or former associations; 

12 (F) the extent to which administrative and 

13 judicial decisions are independent of political 

14 pressure or governmental interference and are 

15 reviewed by entities of appellate jurisdiction; 

16 and 

17 (G) the extent to which laws in Vietnam 

18 are written and administered in ways that are 

19 consistent with international human rights 

20 standards, including the requirements of the 

21 International Covenant on Civil and Political 

22 Rights. 

23 (b) CONTACTS WITH OTHER ORGANIZATIONS.—In 

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

25 shall— 


PWALKER on PROD1PC71 with BILLS
23 

•S 1159 IS

1 (1) seek out and maintain contacts with non2 governmental organizations and human rights advo3 cates (including Vietnamese-Americans and human 

4 rights advocates in Vietnam), as appropriate; 

5 (2) receive reports and updates from such orga6 nizations and evaluate such reports; and 

7 (3) seek to consult with the United States Com8 mission on International Religious Freedom for ap9 propriate sections of the report. 

Æ 


PWALKER on PROD1PC71 with BILLS