TITLE II—UNITED STATES PUBLIC DIPLOMACY AND REFUGEE 
POLICY 
Sec. 201. Radio Free Asia transmissions to Vietnam. 
Sec. 202. United States educational and cultural exchange programs with Viet-
nam. 
Sec. 203. Refugee resettlement for nationals of Vietnam. 
TITLE III—CONDITIONS ON INCREASED NONHUMANITARIAN 
ASSISTANCE TO THE GOVERNMENT OF VIETNAM 
Sec. 301. Conditions. 
Sec. 302. Definitions. 
Sec. 303. Effective date. 
TITLE IV—ANNUAL REPORT ON FREEDOM AND DEMOCRACY IN 
VIETNAM 
Sec. 401. Annual report. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
(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 countries 
reaching more than $15,200,000,000 in 2008. 
(2) The transition of the Government of Viet-
nam toward greater economic activity and trade has 
not been matched by greater political freedom and 
substantial improvements in basic human rights for 
the citizens of Vietnam, including freedom of reli-
gion, expression, association, and assembly. 
(3) The United States Congress agreed to Viet-
nam becoming an official member of the World 
Trade Organization in 2006, amidst assurances that 
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the Government of Vietnam was steadily improving 
its human rights record and would continue to do so. 
(4) Despite assurances that Vietnam’s accession 
to the World Trade Organization would be met with 
greater respect for human rights, the Government of 
Vietnam has continued to strictly regulate some reli-
gious practices and to imprison or put under house 
arrest an undetermined number of individuals for 
their peaceful advocacy of political views or religious 
beliefs, including Father Nguyen Van Ly, Tran 
Huynh Duy Thuc, Nguyen Tien Trung, Le Thang 
Long, Tran Duc Thach, Tran Anh Kim, Pham Van 
Troi, Nguyen Xuan Nghia, Nguyen Van Tuc, 
Nguyen Manh Son, Nguyen Manh Tinh, Ngo 
Quynh, Nguyen Kim Nhan, Truong Minh Duc, 
Nguyen Van Hai, Vu Hung, Tran Khai Thanh 
Thuy, and Pham Thanh Nghien, and human rights 
lawyers, Le Cong Dinh, Nguyen Van Dai, and Le 
Thi Cong Nhan. Others arrested during 2010 are 
being held incommunicado, including Cu Huy Ha 
Vu, Pham Minh Hoang, Phan Thanh Hai, and Vi 
Duc Hoi. 
(5) Vietnam remains a one-party state, ruled 
and controlled by the Communist Party of Vietnam, 
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which continues to deny the right of citizens to 
change their government. 
(6) Although in recent years the National As-
sembly of Vietnam has on occasion played a role as 
a forum for highlighting local concerns, corruption, 
and inefficiency, the National Assembly remains sub-
ject to the direction of the Communist Party of Viet-
nam and that party maintains control over the selec-
tion of candidates in national and local elections. 
(7) The Government of Vietnam forbids public 
challenge to the legitimacy of the one-party state, re-
stricts freedoms of opinion, the press, assembly, and 
association, and tightly limits access to the Internet 
and telecommunication. Cyberattacks originating 
from Vietnam-based servers have disabled dissident 
websites and the Government of Vietnam introduced 
new restrictions on public internet shops while con-
tinuing to restrict access to numerous overseas and 
domestic blogs, news sites, and other websites per-
ceived to carry content critical of the Government of 
Vietnam. 
(8) The Government of Vietnam continues to 
detain, imprison, place under house arrest, convict, 
and otherwise restrict individuals for the peaceful 
expression of dissenting political or religious views, 
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including democracy and human rights activists, 
independent trade union leaders, non-state-sanc-
tioned publishers, journalists, bloggers, members of 
ethnic minorities, and unsanctioned religious groups. 
(9) The Government of Vietnam has also failed 
to improve labor rights, continues to harass, arrest, 
and imprison workers rights activists, including 
Doan Huy Chuong, Do Thi Minh Hanh, and 
Nguyen Hoang Quoc Hung, and restricts the right 
to organize independently. 
(10) The Government of Vietnam continues to 
limit freedom of religion, pressure all religious 
groups to come under the control of government- 
and party-controlled management boards, and re-
strict the operation of independent religious organi-
zations, including the Unified Buddhist Church of 
Vietnam and members of unsanctioned Mennonite, 
Cao Dai, Theravada Buddhist, and Hoa Hao Bud-
dhist religious groups and independent Protestant 
house churches, primarily in the central and north-
ern highlands. Religious leaders who do not conform 
to the Government’s demands are often harassed, 
arrested, imprisoned, or put under house arrest. 
(11) As noted in the October 2009 report of the 
United States Commission on International Reli-
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gious Freedom, ‘‘[T]here continue to be far too 
many serious abuses and restrictions of religious 
freedom in the country. Individuals continue to be 
imprisoned or detained for reasons related to their 
religious activity or religious freedom advocacy; po-
lice and government officials are not held fully ac-
countable for abuses; independent religious activity 
remains illegal; and legal protection for government- 
approved religious organizations are both vague and 
subject to arbitrary or discriminatory interpretations 
based on political factors. In addition, improvements 
experienced by some religious communities are not 
experienced by others, including the Unified Bud-
dhist Church of Vietnam (UBCV), independent Hoa 
Hao, Cao Dai, and Protestant groups, and some eth-
nic minority Protestants and Buddhists. Also, over 
the past year, property disputes between the govern-
ment and the Catholic Church in Hanoi led to deten-
tion, threats, harassment, and violence by ‘contract 
thugs’ against peaceful prayer vigils and religious 
leaders.’’. 
(12) Despite reported progress in church open-
ings and legal registrations of religious venues, the 
Government of Vietnam has halted most religious re-
forms since the Department of State lifted the 
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‘‘country of particular concern’’ for religious freedom 
violations designation for Vietnam in November 
2006. 
(13) Unregistered ethnic minority Protestant 
congregations suffer severe abuses because of actions 
by the Government of Vietnam, which have included 
forced renunciations of faith, pressure to join gov-
ernment-recognized religious groups, arrest and har-
assment, the withholding of social programs pro-
vided for the general population, destruction of 
churches and pagodas, confiscation and destruction 
of property, and subjection to severe beatings. 
(14) During peaceful Catholic prayer vigils call-
ing for the return of government-confiscated church 
properties during 2008 at the Thai Ha Church in 
Ha Noi, protestors were dispersed after being har-
assed, some were detained, and some of the church 
property was destroyed. Similar incidents happened 
at Bau Sen, Loan Ly, and Tam Toa parishes in cen-
tral Vietnam and more recently at Dong Chiem par-
ish in Hanoi, where religious statues and a crucifix 
were destroyed and parishioners and clergies were 
physically harmed, and at Con Dau parish, where 
police forcibly dispersed a Catholic funeral ceremony 
in May 2010 to a cemetery located on disputed land. 
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Afterwards, police and members of the civilian de-
fense forces arrested and interrogated dozens of Con 
Dau parishioners, with one parishioner dying from 
injuries sustained during a beating in July 2010 by 
civilian defense forces and two women suffered mis-
carriages resulted from police tortures. Catholics 
continue to face some restrictions on selection of 
clergy, the establishment of seminaries and seminary 
candidates, and restrictions on individual cases of 
travel and church registration. Dissident clerics such 
as Father Phan Van Loi and Father Nguyen Van 
Ly are currently under house arrest. 
(15) The Unified Buddhist Church of Vietnam 
suffers persecution as the Government of Vietnam 
continues to restrict contacts and movement of sen-
ior clergy for refusing to join the state-sponsored 
Buddhist organizations, the Government restricts ex-
pression and assembly, and the Government con-
tinues to harass and threaten monks, nuns, and 
youth leaders of the Unified Buddhist Church of 
Vietnam. The Supreme Patriarch of Unified Bud-
dhist Church of Vietnam, Thich Quang Do, is cur-
rently under house arrest. 
(16) The Bat Nha Buddhists monastery in 
Lam Dong province was attacked by government 
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thugs in October 2009. About 400 monks and nuns 
were physically abused and forcibly evicted from the 
monastery. 
(17) The Government of Vietnam continues to 
suppress the activities of other religious adherents, 
including Cao Dai, Hoa Hao, Mennonites, and 
Montagnard Christians belonging to churches that 
lack official recognition or have chosen not to affil-
iate with the state-sanctioned groups, including 
through the use of detention and imprisonment. 
(18) During Easter weekend in April 2004, 
thousands of Montagnard Christians in the Central 
Highlands gathered to protest their treatment by the 
Government of Vietnam, including the confiscation 
of tribal lands and ongoing restrictions on religious 
activities. Credible reports indicate that the protests 
were met with violent response as many demonstra-
tors were arrested or went into hiding, that many 
were injured, and that some were killed. At least 
200 of these Montagnard Christians are still serving 
long sentences for their involvement in peaceful dem-
onstrations in 2001 and 2004. Government officials 
continue to severely restrict movement by the 
Montagnards and prohibit them from seeking asy-
lum in Cambodia. Many Montagnards were also im-
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prisoned and otherwise mistreated for their involve-
ment in demonstrations in 2008. 
(19) 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. 
(20) In 2007, the Government of Vietnam ar-
rested and expelled at least 20 ethnic Khmer Bud-
dhist monks in Soc Trang province from the monk-
hood and imprisoned 5 monks in response to a 
peaceful religious protest in February 2007. In July 
2010, authorities in Tra Vinh arrested and pur-
ported to defrock Khmer Krom Buddhist abbot 
Thach Sophon, sentencing him in September to a 9- 
month suspended sentence. He remains under house 
arrest. 
(21) 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-
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lished, sent, or otherwise distributed democracy-re-
lated materials. 
(22) People arrested in Vietnam because of 
their political or religious affiliations and activities 
and charged with vaguely defined national security 
crimes are not accorded due process of law. During 
the pre-trial investigatory phase of their detention, 
religious and political prisoners are often held in-
communicado without access to legal counsel and 
family members. They are routinely tortured during 
interrogation to force them to confess to crimes they 
did not commit or to falsely denounce others. Their 
trials are usually closed to international press and 
diplomats and members of the public. 
(23) Vietnam continues to be a source country 
for the commercial sexual exploitation and forced 
labor of women and girls and for men and women 
legally entering into international labor contracts 
who subsequently face conditions of debt bondage or 
forced labor, and is a destination country for child 
trafficking and continues to have internal human 
trafficking. 
(24) Labor export companies partly or wholly 
owned by the Ministry of Labor, War Invalids and 
Social Affairs, and other agencies of the Government 
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of Vietnam have frequently been identified as par-
ticipants in human trafficking. There are a number 
of well-documented cases in which these state enter-
prises have misled workers by promising specific 
wages and working conditions, often in the form of 
signed contracts, only to require the workers to sign 
different contracts immediately before leaving for 
their foreign destinations. When workers have pro-
tested debt bondage or slavery-like conditions in the 
foreign workplaces to which these Vietnamese state 
enterprises have sent them, officials of the Ministry 
of Labor have traveled from Hanoi to threaten the 
trafficking victims with ‘‘punishment under the laws 
of Vietnam’’ if they do not cease their protests. 
Workers who have returned to Vietnam after being 
exploited by their foreign employers have reported 
being harassed and intimidated by public security 
forces, who typically accuse them of being liars, col-
laborating with reactionary forces overseas, and hav-
ing betrayed their country. 
(25) United States refugee resettlement pro-
grams, including the Humanitarian Resettlement 
Program, the Orderly Departure Program, the Re-
settlement Opportunities for Vietnamese Returnees 
Program, general resettlement of boat people from 
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refugee camps throughout Southeast Asia, the 
Amerasian Homecoming Act of 1988, and the pri-
ority one refugee resettlement category have helped 
resettle nationals of Vietnam who have suffered per-
secution on account of their associations with the 
United States as well as nationals of Vietnam who 
have been persecuted because of race, religion, na-
tionality, political opinion, or membership in a par-
ticular social group. 
(26) While previous programs have served their 
purposes well, a significant number of eligible refu-
gees from Vietnam were unfairly denied or excluded, 
including Amerasians and Montagnards, in some 
cases by vindictive or corrupt officials of Vietnam 
who controlled access to the programs, and in others 
by United States personnel who imposed unduly re-
strictive interpretations of program criteria. In addi-
tion, the Government of Vietnam has denied pass-
ports to persons whom the United States has found 
eligible for refugee admission. 
(27) Congress has passed numerous resolutions 
condemning human rights violations in Vietnam, in-
dicating that although there has been an expansion 
of relations with the Government of Vietnam, it 
should not be construed as approval of the ongoing 
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and serious violations of fundamental human rights 
in Vietnam, particularly those enshrined in the 
International Covenant on Civil and Political Rights, 
of which Vietnam is a signatory. 
(28) Enhancement of relations between the 
United States and Vietnam has provided an oppor-
tunity for a human rights dialogue, but is unlikely 
to lead to future progress on human rights issues in 
Vietnam unless the United States makes clear that 
such progress is an essential prerequisite for further 
enhancements in the bilateral relationship. 
SEC. 3. PURPOSE. 
The purpose of this Act is to promote freedom and 
democracy in Vietnam. 
TITLE I—ASSISTANCE TO PRO-
MOTE FREEDOM AND DEMOC-
RACY IN VIETNAM 
SEC. 101. AUTHORIZATION OF ASSISTANCE. 
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 freedom and de-
mocracy in Vietnam. 
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SEC. 102. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the President to carry out section 101 
$2,000,000 for each of the fiscal years 2011 and 2012. 
(b) OTHER REQUIREMENTS.—Amounts appropriated 
pursuant to the authorization of appropriations under sub-
section (a)— 
(1) are authorized to remain available until ex-
pended; and 
(2) are in addition to amounts otherwise avail-
able for such purposes. 
TITLE II—UNITED STATES PUB-
LIC 
DIPLOMACY 
AND 
REF-
UGEE POLICY 
SEC. 201. 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.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Broadcasting Board of Gov-
ernors to carry out the policy under subsection (a) 
$12,5000,000 for fiscal year 2011 and $2,500,000 
for fiscal year 2012. 
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(2) OTHER REQUIREMENTS.—Amounts appro-
priated pursuant to the authorization of appropria-
tions under paragraph (1)— 
(A) are authorized to remain available 
until expended; and 
(B) are in addition to amounts otherwise 
available for such purposes. 
SEC. 202. 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. 
SEC. 203. 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-
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tarian Resettlement (HR) Program, the Resettlement Op-
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 2011 and 2012, such sums as may be necessary are 
authorized to be made available for the protection (includ-
ing resettlement in appropriate cases) of Vietnamese refu-
gees and asylum seekers, including Montagnards and eth-
nic Khmer in Cambodia and Thailand. 
TITLE III—CONDITIONS ON IN-
CREASED 
NONHUMANI-
TARIAN ASSISTANCE TO THE 
GOVERNMENT OF VIETNAM 
SEC. 301. CONDITIONS. 
(a) CONDITIONS.— 
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(1) IN GENERAL.—Except as provided in para-
graph (2), the United States Government may not 
provide nonhumanitarian assistance to the Govern-
ment of Vietnam during any fiscal year in an 
amount that is greater than the amount of non-
humanitarian assistance provided by the United 
States Government to the Government of Vietnam 
during fiscal year 2010. 
(2) EXCEPTION.—The United States Govern-
ment may provide nonhumanitarian assistance to the 
Government of Vietnam during any fiscal year in an 
amount that is greater than the amount of non-
humanitarian assistance provided by the United 
States Government to the Government of Vietnam 
during fiscal year 2010 but is not greater than twice 
the amount of nonhumanitarian assistance provided 
by the United States Government to the Government 
of Vietnam during fiscal year 2010 if— 
(A) the President certifies to Congress that 
the United States Government has provided as-
sistance, in addition to assistance authorized 
under section 102, supporting the creation and 
facilitation of human rights training, civil soci-
ety capacity building, noncommercial rule of law 
programming, and exchange programs between 
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the Vietnamese National Assembly and the 
United States Congress during the 12-month 
period ending on the date of the certification in 
an amount that is not less than the amount of 
nonhumanitarian assistance provided by the 
United States Government to the Government 
of Vietnam during the 12-month period ending 
on the date of the certification; and 
(B)(i) with respect to fiscal year 2011, the 
President certifies to Congress, not later than 
30 days after the date of the enactment of this 
Act, that the requirements of paragraphs (1) 
through (7) of subsection (b) have been met 
during the 12-month period ending on the date 
of the certification; and 
(ii) with respect to subsequent fiscal years, 
the President certifies to Congress, in the most 
recent annual report submitted pursuant to sec-
tion 401, that the requirements of paragraphs 
(1) through (7) of subsection (b) have been met 
during the 12-month period covered by the re-
port. 
(b) REQUIREMENTS.—The requirements of this sub-
section are the following: 
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(1) The Government of Vietnam has made sub-
stantial progress toward releasing all political and 
religious prisoners from imprisonment, house arrest, 
and other forms of detention. 
(2) The Government of Vietnam has made sub-
stantial progress toward— 
(A) respecting the right to freedom of reli-
gion, including the right to participate in reli-
gious activities and institutions without inter-
ference, harassment, or involvement of the Gov-
ernment, for all of Vietnam’s diverse religious 
communities; and 
(B) returning estates and properties con-
fiscated from the churches and religious com-
munities. 
(3) The Government of Vietnam has made sub-
stantial progress toward respecting the right to free-
dom of expression, assembly, and association, includ-
ing the release of independent journalists, bloggers, 
and democracy and labor activists. 
(4) The Government of Vietnam has made sub-
stantial progress toward repealing or revising laws 
that criminalize peaceful dissent, independent media, 
unsanctioned religious activity, and nonviolent dem-
onstrations and rallies, in accordance with inter-
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national standards and treaties to which Vietnam is 
a party. 
(5) The Government of Vietnam has made sub-
stantial progress toward allowing Vietnamese nation-
als free and open access to United States refugee 
programs. 
(6) The Government of Vietnam has made sub-
stantial progress toward respecting the human rights 
of members of all ethnic and minority groups. 
(7) 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, agen-
cy, or entity fully accountable for its conduct. 
(8) The Government of Vietnam treats govern-
ment officials and military personnel of the former 
Government of South Vietnam with dignity and 
equality. 
(c) EXCEPTION.— 
(1) CONTINUATION OF ASSISTANCE IN THE NA-
TIONAL INTEREST.—Notwithstanding the failure of 
the Government of Vietnam to meet the require-
ments of paragraphs (1) through (7) of subsection 
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(b), the President may waive the application of sub-
section (a) for any fiscal year if the President deter-
mines that the provision of increased nonhumani-
tarian assistance to the Government of Vietnam 
would promote the purpose of this Act or is other-
wise 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— 
(A) all United States nonhumanitarian as-
sistance to Vietnam; or 
(B) one or more programs, projects, or ac-
tivities of such assistance. 
SEC. 302. DEFINITIONS. 
In this title: 
(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; 
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