I 
109TH CONGRESS 
1ST SESSION H. R. 3190
To promote freedom and democracy in Vietnam. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005
Mr. SMITH of New Jersey (for himself, Mr. ROYCE, Ms. ZOE LOFGREN of 
California, Mr. SAM JOHNSON of Texas, Mr. TOM DAVIS of Virginia, Mr. 
WOLF, Mr. ROHRABACHER, Mr. PAYNE, Mr. PENCE, Mr. GREEN of Wis-
consin, Ms. ROS-LEHTINEN, Mr. CROWLEY, and Ms. LORETTA SANCHEZ 
of California) introduced the following bill; which was referred to the 
Committee on International Relations 
A BILL 
To promote freedom and democracy in Vietnam.
Be it enacted by the Senate and House of Representa-
tives 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 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Purpose. 
TITLE I—PROHIBITION ON NONHUMANITARIAN ASSISTANCE TO 
THE GOVERNMENT OF VIETNAM
Sec. 101. Bilateral nonhumanitarian assistance. 
TITLE II—ASSISTANCE TO SUPPORT DEMOCRACY IN VIETNAM 
Sec. 201. Assistance. 
TITLE III—UNITED STATES PUBLIC DIPLOMACY 
Sec. 301. Radio Free Asia transmissions to Vietnam. 
Sec. 302. United States educational and cultural exchange programs with Viet-
nam. 
TITLE IV—UNITED STATES REFUGEE POLICY 
Sec. 401. Refugee resettlement for nationals of Vietnam. 
TITLE V—ANNUAL REPORT ON PROGRESS TOWARD FREEDOM 
AND DEMOCRACY IN VIETNAM 
Sec. 501. Annual report.
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The relationship between the United States 
and the Socialist Republic of Vietnam has grown 
substantially over the past 10 years, with annual 
trade between the two countries reaching over $6 
billion per year. 
(2) The Government of Vietnam’s transition to-
ward greater economic freedom and trade has not 
been matched by greater political freedom and sub-
stantial improvements in human rights. 
(3) 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. 
(4) Although in recent years the National As-
sembly of Vietnam has played an increasingly active
role as a forum for highlighting local concerns, cor-
ruption, and inefficiency, the National Assembly re-
mains subject to the direction of the Communist 
Party of Vietnam and the CPV maintains control 
over the selection of candidates in national and local 
elections. 
(5) The Government of Vietnam forbids public 
challenge to the legitimacy of the one party state, re-
stricts freedoms of opinion, the press, and associa-
tion and tightly limits access to the Internet and 
telecommunication. 
(6) The Government of Vietnam continues to 
detain and imprison persons for the peaceful expres-
sion of dissenting religious and political views, in-
cluding Pham Hong Son, Nguyen Vu Binh, Nguyen 
Khac Toan, Brother Nguyen Thien Phung, Rev-
erend Than Van Truong and Pastor Nguyen Hong 
Quang, among others. 
(7) While the Government of Vietnam recently 
released a handful of political and religious pris-
oners, including Dr. Nguyen Dan Que, Professor 
Nguyen Dinh Huy, Father Nguyen Van Ly, and 
Venerable Thich Thien Minh, these individuals re-
main under close surveillance by the Government of
Vietnam, which has included house detention or po-
lice surveillance. 
(8)(A) The Government of Vietnam limits free-
dom of religion and restricts the operation of reli-
gious organizations, allowing only religious organiza-
tions officially approved by the Government of Viet-
nam, but often restricting their selection and train-
ing of religious leaders as well as their activities. 
(B) On September 15, 2004, Vietnam was de-
clared a Country of Particular Concern by the De-
partment of State for its severe violations of reli-
gious freedom, and despite an agreement concluded 
with the Department of State in May 2005 commit-
ting to greater religious freedom, the Government of 
Vietnam continues to commit serious human rights 
abuses in this area. 
(C) Unregistered ethnic minority Protestant 
congregations in the Northwest and Central High-
lands of Vietnam suffer severe abuses because of ac-
tions by the Government of Vietnam, which have in-
cluded forced renunciations of faith, the closure and 
destruction of churches, the arrest and harassment 
of pastors, and the withholding of social programs 
provided for the general population, and in a few
cases credible reports indicate that minority religious 
leaders have been beaten and even killed. 
(D) The Unified Buddhist Church of Vietnam 
(UBCV) suffers severe persecution as the Govern-
ment of Vietnam confiscated its temples and per-
secuted its clergy for refusing to join the state-spon-
sored Buddhist organizations and continually has 
detained and confined senior UBCV clergy, includ-
ing the Most Venerable Thich Huyen Quang, the 
Most Venerable Thich Quang Do, the Venerable 
Thich Tue Sy, and others. 
(E) The Catholic Church continues to face sig-
nificant restrictions on the training and ordination 
of priests and bishops, resulting in numbers insuffi-
cient to support the growing Catholic population in 
Vietnam and officials of the Government of Vietnam 
continue to limit the Catholic Church’s conduct of 
religious education classes and charitable activities. 
(F) The Government of Vietnam continues to 
suppress the activities of other religious adherents, 
including Cao Dai, Baha’i, and Hoa Hao who lack 
official recognition or have chosen not to affiliate 
with the state-sanctioned groups, including through 
the use of detention and imprisonment.
(9) The Government of Vietnam controls all 
print and electronic media, including access to the 
Internet, jams the signals of some foreign radio sta-
tions, including Radio Free Asia, and has detained, 
convicted, and imprisoned individuals who have post-
ed or sent democracy-related materials via the Inter-
net. 
(10)(A) Indigenous Montagnards in the Central 
Highlands of Vietnam continue to face particularly 
severe persecution, with numerous cases of arbitrary 
arrests and detentions and reports that many 
Montagnards have gone into hiding, fearing arrest, 
interrogation, or physical abuse by Government au-
thorities. 
(B) 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 restric-
tions on religious activities, and credible reports in-
dicate that the protests were met with a violent re-
sponse as many demonstrators were arrested, in-
jured, or are in hiding, and that others were killed. 
(C) Hundreds of Montagnards continue to flee 
to neighboring countries, over 700 Montagnards re-
side in different refugee camps operated by the
United Nations High Commissioner for Refugees in 
Cambodia, and numerous Montagnards have been 
involuntarily repatriated to Vietnam by the Govern-
ment of Cambodia, in violation of international law. 
(11) Ethnic minority Hmong in the Northwest 
Highlands of Vietnam also suffer persecution by the 
Government of Vietnam, but as with the Central 
Highlands region, access to the Northwest High-
lands by diplomats, nongovernmental organizations, 
journalists, and other foreigners is severely re-
stricted, making it difficult to verify conditions. 
(12)(A) 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, experience 
closed trials, have often been detained for years 
without trial, and have been subjected to the use of 
torture to admit to crimes they did not commit or 
to falsely denounce their own leaders. 
(B) Members of the Mennonite Church such as 
Pham Ngoc Thach, Nguyen Van Phuong, Nguyen 
Thanh Nhan, and Nguyen Huu Nghia were repeat-
edly tortured prior to their sentencing and authori-
ties have also reportedly increasingly resorted to psy-
chiatric torture against religious prisoners such as
Ms. Le Thi Hong Lien and Pastor Than Van 
Truong. 
(13)(A) United States refugee resettlement pro-
grams, including the Orderly Departure Program 
(ODP), the Resettlement Opportunities for Return-
ing Vietnamese (ROVR) program, general resettle-
ment 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 as well as Viet-
namese nationals who have been persecuted because 
of race, religion, nationality, political opinion, or 
membership in a particular social group. 
(B) While previous programs have served their 
purposes well, a significant number of eligible refu-
gees 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 per-
sonnel who imposed unduly restrictive interpreta-
tions of program criteria. In addition, the Govern-
ment of Vietnam has denied passports to persons
that the United States has found eligible for refugee 
admission. 
(C) The Department of State has agreed to ex-
tend the September 30, 1994, registration deadline 
for former United States employees, ‘‘re education’’ 
survivors, and surviving spouses of those who did 
not survive ‘‘re-education’’ camps to sign up for 
United States refugee programs, as well as to re-
sume the Vietnamese In Country Priority One Pro-
gram in Vietnam to provide protection to victims of 
persecution on account of race, religion, nationality, 
political opinion, or membership in a particular so-
cial group who otherwise have no access to the Or-
derly Departure Program. 
(D) The former United States Immigration and 
Naturalization Service agreed to resume the proc-
essing of former United States employees under the 
U11 program, which had been unilaterally sus-
pended by the United States Government, as well as 
to review the applications of Amerasians, children of 
American servicemen left behind in Vietnam after 
the war ended in April 1975, for resettlement to the 
United States under the Amerasian Homecoming 
Act of 1988.
(14) Congress has passed numerous resolutions 
condemning human rights abuses in Vietnam, indi-
cating 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 se-
rious violations of fundamental human rights in 
Vietnam. 
(15) Enhancement of relations between the 
United States and Vietnam has provided an oppor-
tunity for a human rights dialogue and could lead to 
future progress on human rights issues in Vietnam. 
SEC. 3. PURPOSE. 
The purpose of this Act is to promote the develop-
ment of freedom and democracy in Vietnam. 
TITLE I—PROHIBITION ON NON-
HUMANITARIAN ASSISTANCE 
TO 
THE 
GOVERNMENT 
OF 
VIETNAM 
SEC. 101. BILATERAL NONHUMANITARIAN ASSISTANCE. 
(a) ASSISTANCE.—
(1) IN GENERAL.—Except as provided in sub-
section (b), United States nonhumanitarian assist-
ance may not be provided to the Government of 
Vietnam—
(A) for fiscal year 2006 unless not later 
than 30 days after the date of the enactment of 
this Act the President determines and certifies 
to Congress that the requirements of subpara-
graphs (A) through (D) of paragraph (2) have 
been met during the 12-month period ending on 
the date of the certification; and 
(B) for each subsequent fiscal year unless 
the President determines and certifies to Con-
gress in the most recent annual report sub-
mitted pursuant to section 501 that the re-
quirements of subparagraphs (A) through (E) 
of paragraph (2) have been met during the 12-
month period covered by the report. 
(2) REQUIREMENTS.—The requirements of this 
paragraph are that—
(A) the Government of Vietnam has made 
substantial progress toward releasing all polit-
ical and religious prisoners from imprisonment, 
house arrest, and other forms of detention; 
(B)(i) the Government of Vietnam has 
made substantial progress toward respecting 
the right to freedom of religion, including the 
right to participate in religious activities and in-
stitutions without interference by or involve-
ment of the Government; and 
(ii) has made substantial progress toward 
returning estates and properties confiscated 
from the churches; 
(C) the Government of Vietnam has made 
substantial progress toward allowing Viet-
namese nationals free and open access to 
United States refugee programs; 
(D) the Government of Vietnam has made 
substantial progress toward respecting the 
human rights of members of ethnic minority 
groups in the Central Highlands or elsewhere in 
Vietnam; and 
(E)(i) neither any official of the Govern-
ment of Vietnam nor any agency or entity whol-
ly or partly owned by the Government of Viet-
nam was complicit in a severe form of traf-
ficking in persons; or 
(ii) 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) IN
GENERAL.—Subsection (a) shall not 
apply for any fiscal year with respect to the provi-
sion of United States nonhumanitarian assistance 
for any program or activity for which such assist-
ance was provided to the Government of Vietnam for 
fiscal year 2005 in an amount not to exceed the 
amount so provided for fiscal year 2005. 
(2) CONTINUATION OF ASSISTANCE IN THE NA-
TIONAL INTEREST.—Notwithstanding the failure of 
the Government of Vietnam to meet the require-
ments 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 United States 
nonhumanitarian assistance would promote the pur-
poses of this Act or is otherwise in the national in-
terest of the United States. 
(3) EXERCISE
OF
WAIVER
AUTHORITY.—The 
President may exercise the authority under para-
graph (2) with respect to—
(A) all United States nonhumanitarian as-
sistance to Vietnam; or 
(B) one or more programs, projects, or ac-
tivities of such assistance. 
(c) DEFINITIONS.—In this section:
(1) SEVERE FORM OF TRAFFICKING IN PER-
SONS.—The term ‘‘severe form of trafficking in per-
sons’’ means any activity described in section 103(8) 
of the Trafficking Victims Protection Act of 2000 
(Public Law 106–386 (114 Stat. 1470); 22 U.S.C. 
7102(8)). 
(2) UNITED
STATES
NONHUMANITARIAN
AS-
SISTANCE.—The term ‘‘United States nonhumani-
tarian assistance’’ means—
(A) any assistance under the Foreign As-
sistance Act of 1961 (including programs under 
title IV of chapter 2 of part I of that Act, relat-
ing to the Overseas Private Investment Cor-
poration), other than—
(i) disaster relief assistance, including 
any assistance under chapter 9 of part I of 
that Act; 
(ii) assistance which involves the pro-
vision of food (including monetization of 
food) or medicine; and 
(iii) assistance for refugees; and 
(B) sales, or financing on any terms, under 
the Arms Export Control Act.
TITLE II—ASSISTANCE TO SUP-
PORT DEMOCRACY IN VIET-
NAM 
SEC. 201. ASSISTANCE. 
(a) IN GENERAL.—The President is authorized to 
provide assistance, through appropriate nongovernmental 
organizations, for the support of individuals and organiza-
tions to promote internationally recognized human rights 
in Vietnam. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the President to carry 
out subsection (a) $2,000,000 for each of the fiscal years 
2006 and 2007. 
TITLE III—UNITED STATES 
PUBLIC DIPLOMACY 
SEC. 301. RADIO FREE ASIA TRANSMISSIONS TO VIETNAM. 
(a) POLICY OF THE UNITED STATES.—It is the pol-
icy of the United States to take such measures as are nec-
essary to overcome the jamming of Radio Free Asia by 
the Government of Vietnam. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to such amounts as are otherwise authorized to be 
appropriated for the Broadcasting Board of Governors, 
there are authorized to be appropriated to carry out the
policy under subsection (a) $9,100,000 for the fiscal year 
2006 and $1,100,000 for the fiscal year 2007. 
SEC. 302. UNITED STATES EDUCATIONAL AND CULTURAL 
EXCHANGE PROGRAMS WITH VIETNAM. 
It is the policy of the United States that programs 
of educational and cultural exchange with Vietnam should 
actively promote progress toward freedom and democracy 
in Vietnam by providing opportunities to Vietnamese na-
tionals from a wide range of occupations and perspectives 
to see freedom and democracy in action and, also, by en-
suring that Vietnamese nationals who have already dem-
onstrated a commitment to these values are included in 
such programs. 
TITLE IV—UNITED STATES 
REFUGEE POLICY 
SEC. 401. REFUGEE RESETTLEMENT FOR NATIONALS OF 
VIETNAM. 
(a) POLICY OF THE UNITED STATES.—It is the pol-
icy of the United States to offer refugee resettlement to 
nationals of Vietnam (including members of the 
Montagnard ethnic minority groups) who were eligible for 
the Orderly Departure Program (ODP), Resettlement Op-
portunities for Vietnamese Returnees (ROVR), the 
Amerasian Homecoming Act of 1988, or any other United 
States refugee program and who were deemed ineligible
due to administrative error or who for reasons beyond the 
control of such individuals (including insufficient or con-
tradictory information or the inability to pay bribes de-
manded by officials of the Government of Vietnam) were 
unable or failed to apply for such programs in compliance 
with deadlines imposed by the Department of State. 
(b) AUTHORIZED ACTIVITY.—Of the amounts au-
thorized to be appropriated to the Department of State 
for Migration and Refugee Assistance for each of the fiscal 
years 2006, 2007, and 2008, such sums as may be nec-
essary are authorized to be made available for the protec-
tion (including resettlement in appropriate cases) of Viet-
namese 
refugees 
and 
asylum 
seekers, 
including 
Montagnards in Cambodia. 
TITLE V—ANNUAL REPORT ON 
PROGRESS 
TOWARD 
FREE-
DOM 
AND 
DEMOCRACY 
IN 
VIETNAM 
SEC. 501. 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 Con-
gress a report on the following: 
(1)(A) The determination and certification of 
the President that the requirements of subpara-
graphs (A) through (D) of section 101(a)(2) have 
been met, if applicable. 
(B) The determination of the President under 
section 101(b)(2), if applicable. 
(2) Efforts by the United States Government to 
secure transmission sites for Radio Free Asia in 
countries in close geographical proximity to Vietnam 
in accordance with section 301(a). 
(3) Efforts to ensure that programs with Viet-
nam promote the policy set forth in section 302 and 
with section 102 of the Human Rights, Refugee, and 
Other Foreign Policy Provisions Act of 1996 regard-
ing participation in programs of educational and cul-
tural exchange. 
(4) Steps taken to carry out the policy under 
section 401(a). 
(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 the rights described in para-
graph (5). In compiling such lists, the Secretary 
shall exercise appropriate discretion, including con-
cerns regarding the safety and security of, and ben-
efit 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 protection under United States ref-
ugee programs. 
(6) A description of the development of the rule 
of law in Vietnam, including, but not limited to—
(A) progress toward the development of in-
stitutions of democratic governance; 
(B) processes by which statutes, regula-
tions, rules, and other legal acts of the Govern-
ment of Vietnam are developed and become 
binding within Vietnam; 
(C) the extent to which statutes, regula-
tions, rules, administrative and judicial deci-
sions, 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 with-
out regard to citizenship, race, religion, political 
opinion, or current or former associations;