I 
111TH CONGRESS 
1ST SESSION H. R. 1969 
To promote freedom and democracy in Vietnam. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 2, 2009 
Mr. SMITH of New Jersey (for himself, Mr. WOLF, Ms. ZOE LOFGREN of Cali-
fornia, Mr. CAO, Ms. LORETTA SANCHEZ of California, Mr. ROYCE, Mr. 
ROHRABACHER, and Mr. PENCE) introduced the following bill; which was 
referred to the Committee on Foreign Affairs, and in addition to the 
Committee on Ways and Means, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
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 2009’’. 
(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. 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
TITLE I—PROHIBITION ON INCREASED NONHUMANITARIAN 
ASSISTANCE TO THE GOVERNMENT OF VIETNAM 
Sec. 101. Bilateral nonhumanitarian assistance. 
TITLE II—PROHIBITION ON GENERALIZED SYSTEM OF 
PREFERENCES AUTHORITY FOR VIETNAM 
Sec. 201. Prohibition on Generalized System of Preferences. 
TITLE III—ASSISTANCE TO SUPPORT DEMOCRACY IN VIETNAM 
Sec. 301. Assistance. 
TITLE IV—UNITED STATES PUBLIC DIPLOMACY 
Sec. 401. Radio Free Asia transmissions to Vietnam. 
Sec. 402. United States educational and cultural exchange programs with Viet-
nam. 
TITLE V—UNITED STATES REFUGEE POLICY 
Sec. 501. Refugee resettlement for nationals of Vietnam. 
TITLE VI—ANNUAL REPORT ON PROGRESS TOWARD FREEDOM 
AND DEMOCRACY IN VIETNAM 
Sec. 601. 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 since the end of the trade embargo in 
1994, with annual trade between the 2 countries 
reaching over $15,200,000,000 in 2008. 
(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 basic human rights for Vi-
etnamese citizens, including freedom of religion, ex-
pression, association, and assembly. 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
(3) The United States Congress agreed to Viet-
nam becoming an official member of the World 
Trade Organization in 2006, amidst assurances that 
the Government of Vietnam was steadily improving 
its human rights record and would continue to do so. 
(4) Vietnam remains a one-party state, ruled 
and controlled by the Communist Party of Vietnam 
(CPV), which continues to deny the right of citizens 
to change their government. 
(5) Although in recent years the National 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 CPV and the 
CPV maintains control over the selection of can-
didates in national and local elections. 
(6) 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. 
(7) Since Vietnam’s accession to the WTO on 
January 11, 2007, the Government of Vietnam arbi-
trarily arrested and imprisoned several individuals 
for their peaceful advocacy of democracy, including 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
Father Nguyen Van Ly and human rights lawyers 
Nguyen Van Dai and Le Thi Cong Nhan. 
(8) The Government of Vietnam continues to 
detain, imprison, place under house arrest, convict, 
or otherwise restrict persons for the peaceful expres-
sion of dissenting political or religious views. 
(9) The Government of Vietnam has also failed 
to improve labor rights, continues to arrest and har-
ass labor leaders, and restricts the right to organize 
independently. 
(10) The Government of Vietnam continues to 
limit freedom of religion and restrict the operation 
of religious organizations. 
(11) Despite reported progress in church open-
ings and legal registrations of religious venues, the 
Government of Vietnam has halted most positive ac-
tions since the Department of State lifted the ‘‘coun-
try of particular concern’’ (CPC) designation for 
Vietnam in November 2006. 
(12) Unregistered ethnic minority Protestant 
congregations suffer severe abuses because of actions 
by the Government of Vietnam, which have included 
forced renunciations of faith, arrest and harassment, 
the withholding of social programs provided for the 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
general population, confiscation and destruction of 
property, and subjection to severe beatings. 
(13) During a peaceful Catholic prayer vigil for 
the return of government confiscated church prop-
erties, protestors were dispersed after being har-
assed, some were detained, and some of the property 
was destroyed. Catholics continue to face some re-
strictions on selection of clergy, the establishment of 
seminaries and seminary candidates, and restrictions 
on individual cases of travel and church registration. 
(14) The Unified Buddhist Church of Vietnam 
(UBCV) suffers persecutions as the Government of 
Vietnam continues to restrict contacts and move-
ment of senior UBCV clergy for refusing to join the 
state sponsored Buddhist organizations, the Govern-
ment restricts expression and assembly, and the 
Government continues to harass and threaten UBCV 
monks, nuns, and youth leaders. 
(15) The Government of Vietnam continues to 
suppress the activities of other religious adherents, 
including Cao Dai 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. 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
(16) 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. Credible reports indicate 
that the protests were met with violent response as 
many demonstrators were arrested, injured, went 
into hiding, and that others were killed. Many of 
these Montagnards are still serving long sentences 
for their involvement in peaceful demonstrations in 
2001 and 2004. Government officials continue to se-
verely restrict Montagnard movement and prohibit 
them from seeking asylum in Cambodia. 
(17) Ethnic minority Hmong in the Northwest 
Highlands of Vietnam also suffer restrictions, 
abuses, and persecution by the Government of Viet-
nam, and although the Government is now allowing 
some Hmong Protestants to organize and conduct 
religious activity, some government officials continue 
to deny or ignore additional applications for reg-
istration. 
(18) On February 8, 2007, the Government of 
Vietnam arrested and defrocked several ethnic 
Khmer Buddhists in response to a peaceful religious 
protest. The Government continues to restrict 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
Khmer Krom expression, assembly, association, and 
controls all religious organizations and prohibits 
most peaceful protests. 
(19) 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 
and imprisoned individuals who have posted, pub-
lished, sent, or otherwise distributed democracy-re-
lated materials. 
(20) People arrested in Vietnam because of 
their political or religious affiliations and activities 
often are not accorded due legal process as they lack 
full access to lawyers of their choice, may experience 
closed trials, have often been detained for years 
without trial, and have been subjected to the use of 
torture to admit crimes they did not commit or to 
falsely denounce their own leaders. 
(21) Vietnam continues to be a source country 
for the commercial sexual exploitation and forced 
labor of women and girls, for men and women legally 
entering into international labor contracts who sub-
sequently face conditions of debt bondage or forced 
labor, and is a destination country for child traf-
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
ficking and continues to have internal human traf-
ficking. 
(22) Although the Government of Vietnam is 
making progress in combating human trafficking, it 
does not fully comply with the minimum standards 
for the elimination of trafficking. 
(23) United States refugee resettlement pro-
grams, including the Humanitarian Resettlement 
(HR) Program, the Orderly Departure Program 
(ODP), Resettlement Opportunities for Vietnamese 
Returnees (ROVR) Program, general resettlement of 
boat people from refugee camps throughout South-
east 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 Vietnamese nation-
als who have been persecuted because of race, reli-
gion, nationality, political opinion, or membership in 
a particular social group. 
(24) 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 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
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 
who the United States has found eligible for refugee 
admission. 
(25) 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. 
(26) Enhancement of relations between the 
United States and Vietnam has proved 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. 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
TITLE I—PROHIBITION ON IN-
CREASED 
NONHUMANI-
TARIAN ASSISTANCE TO THE 
GOVERNMENT OF VIETNAM 
SEC. 101. BILATERAL NONHUMANITARIAN ASSISTANCE. 
(a) ASSISTANCE.— 
(1) IN GENERAL.—Except as provided in sub-
section (b), the Federal Government may not pro-
vide nonhumanitarian assistance to the Government 
of Vietnam during any fiscal year in an amount that 
exceeds the amount of such assistance provided dur-
ing fiscal year 2009 unless— 
(A) the Federal Government provides as-
sistance, in addition to the assistance author-
ized under section 301(b), supporting the cre-
ation and facilitation of human rights training, 
civil society capacity building, noncommercial 
rule of law programming, and exchange pro-
grams between the Vietnamese National Assem-
bly and the United States Congress at levels 
commensurate with, or exceeding, any increases 
in nonhumanitarian assistance to Vietnam; 
(B) with respect to the limitation for fiscal 
year 2010, the President determines and cer-
tifies to Congress, not later than 30 days after 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
the date of the enactment of this Act, that the 
requirements of subparagraphs (A) through (G) 
of paragraph (2) have been met during the 12- 
month period ending on the date of the certifi-
cation; and 
(C) with respect to the limitation for sub-
sequent fiscal years, the President determines 
and certifies to Congress, in the most recent 
annual report submitted pursuant to section 
601, that the requirements of subparagraphs 
(A) through (G) of paragraph (2) have been 
met during the 12-month period covered by the 
report. 
(2) REQUIREMENTS.—The requirements of this 
paragraph are the following: 
(A) The Government of Vietnam has made 
substantial progress toward releasing all polit-
ical and religious prisoners from imprisonment, 
house arrest, and other forms of detention. 
(B) The Government of Vietnam has made 
substantial progress toward— 
(i) respecting the right to freedom of 
religion, including the right to participate 
in religious activities and institutions with-
out interference, harassment, or involve-
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
ment of the Government, for all of Viet-
nam’s diverse religious communities; and 
(ii) returning estates and properties 
confiscated from the churches and religious 
communities. 
(C) The Government of Vietnam has made 
substantial progress toward respecting the right 
to freedom of expression, assembly, and associa-
tion, including the release of independent jour-
nalists, bloggers, and democracy and labor ac-
tivists. 
(D) The Government of Vietnam has made 
substantial progress toward repealing or revis-
ing laws that criminalize peaceful dissent, inde-
pendent media, unsanctioned religious activity, 
and nonviolent demonstrations and rallies, in 
accordance with international standards and 
treaties to which Vietnam is a party. 
(E) The Government of Vietnam has made 
substantial progress toward allowing Viet-
namese nationals free and open access to 
United States refugee programs. 
(F) The Government of Vietnam has made 
substantial progress toward respecting the 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
human rights of members of all ethnic and mi-
nority groups. 
(G) Neither any official of the Government 
of Vietnam nor any agency or entity wholly or 
partly owned by the Government of Vietnam 
was complicit in a severe form of trafficking in 
persons, or the Government of Vietnam took all 
appropriate steps to end any such complicity 
and hold such official, agency, or entity fully 
accountable for its conduct. 
(b) EXCEPTION.— 
(1) CONTINUATION OF ASSISTANCE IN THE 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 nonhumani-
tarian assistance would promote the purpose of this 
Act or is otherwise in the national interest of the 
United States. 
(2) EXERCISE
OF
WAIVER
AUTHORITY.—The 
President may exercise the authority under para-
graph (1) with respect to— 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
(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) 
NONHUMANITARIAN
ASSISTANCE.—The 
term ‘‘nonhumanitarian 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; 
(iii) assistance for refugees; and 
(iv) assistance to combat HIV/AIDS, 
including any assistance under section 
104A of that Act; and 
(B) sales, or financing on any terms, under 
the Arms Export Control Act. 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
(2) SEVERE FORMS 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)). 
TITLE II—PROHIBITION ON GEN-
ERALIZED SYSTEM OF PREF-
ERENCES 
AUTHORITY 
FOR 
VIETNAM 
SEC. 201. PROHIBITION ON GENERALIZED SYSTEM OF 
PREFERENCES. 
(a) PROHIBITION.—The President may not provide 
duty-free treatment for eligible articles from Vietnam 
under title V of the Trade Act of 1974 (19 U.S.C. 2461 
et seq.) until the President determines and certifies to 
Congress that the Government of Vietnam meets the re-
quirements described in subsection (b). 
(b) REQUIREMENTS.—The requirements described in 
this subsection are the following: 
(1) The Government of Vietnam fully protects 
the freedom of association, in law and practice. 
(2) The Government of Vietnam does not en-
gage in or condone serious violations of the rights of 
workers, including the detention, harassment, or ar-
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
rest of labor activists or individuals who write, 
speak, or otherwise disseminate information relating 
to labor rights. 
TITLE III—ASSISTANCE TO SUP-
PORT DEMOCRACY IN VIET-
NAM 
SEC. 301. ASSISTANCE. 
(a) IN GENERAL.—The President is authorized to 
provide assistance, through appropriate nongovernmental 
organizations and the Human Rights Defenders Fund, for 
the support of individuals and organizations 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 
2010 and 2011. 
TITLE IV—UNITED STATES 
PUBLIC DIPLOMACY 
SEC. 401. 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 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
appropriated for the Broadcasting Board of Governors, 
there are authorized to be appropriated to carry out the 
policy under subsection (a) $12,5000,000 for the fiscal 
year 2010 and $2,500,000 for fiscal year 2011. 
SEC. 402. 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 V—UNITED STATES 
REFUGEE POLICY 
SEC. 501. 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), the Humani-
tarian Resettlement (HR) Program, the Resettlement Op-
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
portunities for Vietnamese Returnees (ROVR) Program, 
the Amerasian Homecoming Act of 1988, or any other 
United States refugee program and who were deemed in-
eligible due to administrative error or who for reasons be-
yond the control of such individuals (including insufficient 
or contradictory information or the inability to pay bribes 
demanded 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 2010, 2011, and 2012, 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 and ethnic Khmer in Cambodia and Thai-
land. 
TITLE VI—ANNUAL REPORT ON 
PROGRESS 
TOWARD 
FREE-
DOM 
AND 
DEMOCRACY 
IN 
VIETNAM 
SEC. 601. ANNUAL REPORT. 
(a) IN GENERAL.—Not later than 6 months after the 
date of the enactment of this Act and every 12 months 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS
thereafter, the Secretary of State shall submit to the Con-
gress a report on the following: 
(1) The determination and certification of the 
President that the requirements of subparagraphs 
(A) through (G) of section 101(a)(2) have been met, 
if applicable. 
(2) 
Steps 
taken 
to 
carry 
out 
section 
101(a)(1)(A), if applicable. 
(3) 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 401(a). 
(4) Efforts to ensure that programs with Viet-
nam promote the policy set forth in section 402 and 
with section 105 of the Human Rights, Refugee, and 
Other Foreign Policy Provisions Act of 1996 regard-
ing participation in programs of educational and cul-
tural exchange. 
(5) Steps taken to carry out the policy under 
section 501(a). 
(6) Lists of persons believed to be imprisoned, 
detained, or placed under house arrest, tortured, or 
otherwise persecuted by the Government of Vietnam 
due to their pursuit of internationally recognized 
human rights. In compiling such lists, the Secretary 
VerDate Nov 24 2008 
02:13 Apr 07, 2009
Jkt 079200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1969.IH
H1969
jbell on PROD1PC69 with BILLS