I 
116TH CONGRESS 
1ST SESSION H. R. 1383 
To advance United States national interests by prioritizing the protection 
of internationally recognized human rights and development of the rule 
of law in relations between the United States and Vietnam, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 26, 2019 
Mr. SMITH of New Jersey (for himself, Ms. LOFGREN, and Mr. LOWENTHAL) 
introduced the following bill; which was referred to the Committee on 
Foreign Affairs 
A BILL 
To advance United States national interests by prioritizing 
the protection of internationally recognized human rights 
and development of the rule of law in relations between 
the United States and Vietnam, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Vietnam Human Rights Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title. 
Sec. 2. Statement of policy. 
Sec. 3. Release of political and religious prisoners in Vietnam. 
Sec. 4. Application of Global Magnitsky Human Rights Accountability Act. 
Sec. 5. International religious freedom. 
Sec. 6. Internet freedom. 
Sec. 7. Annual country reports on human rights practices. 
Sec. 8. United States assistance to support counting of women and girls in 
Vietnam. 
Sec. 9. Illegal expropriation of properties of United States citizens by the Gov-
ernment of Vietnam. 
Sec. 10. Prioritize ethnic minority development in Vietnam. 
Sec. 11. United States public diplomacy. 
Sec. 12. Sense of Congress on sales of lethal military equipment or services to 
the Government of Vietnam. 
Sec. 13. Annual reports on United States-Vietnam human rights dialogue meet-
ings. 
Sec. 14. Restrictions on nonhumanitarian assistance to the Government of Viet-
nam. 
SEC. 2. STATEMENT OF POLICY. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States to— 
(1) support a strong, prosperous, and inde-
pendent Vietnam that promotes and protects human 
rights, embraces fully the rule of law, and allows an 
open space for civil society, media, and independent 
religious institutions and labor unions; 
(2) strengthen the bilateral relationship with 
Vietnam while recognizing that continued progress 
and the success of the United States-Vietnam stra-
tegic partnership will depend on the Government of 
Vietnam’s commitment to abide by its international 
commitments, adhere to universal standards, and 
protect the fundamental human rights of the Viet-
namese people; 
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(3) hold an annual results-based dialogue fo-
cused on human rights issues with senior officials of 
the Government of Vietnam, informed by prior con-
sultation with the Vietnamese-American community, 
human rights groups, and other experts and non-
governmental organizations about issues of concern; 
(4) embed human rights concerns across the 
full spectrum of official interactions between the 
Government of the United States and the Govern-
ment of Vietnam, including in all aspects of the 
United States-Vietnam Comprehensive Partnership, 
recognizing the relevance of human rights improve-
ments in Vietnam for United States national inter-
ests and the relevance of a ‘‘whole of government’’ 
approach to human rights promotion that views con-
crete improvements as key parts of an ongoing dis-
cussions on trade, security, humanitarian coopera-
tion, and economic development; 
(5) assess Vietnam’s progress toward respecting 
the basic rights of workers, as described in each re-
port required by section 702 of the Foreign Rela-
tions Authorization Act, Fiscal Year 2003 (Public 
Law 107–228; 22 U.S.C. 2151n note) and in light 
of the commitments specified in the United States- 
Vietnam Plan for Enhancement of Trade and Labor 
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Relations, notwithstanding the fact that the Trans 
Pacific Partnership did not go into effect; 
(6) press for ratification of ILO Conventions 
No. 87 (Freedom of Association and Protection of 
the Right to Organize) and No. 98 (Right to Orga-
nize and Collective Bargaining) and the recognition 
of independent labor unions; 
(7) evaluate future trade negotiations with the 
Government of Vietnam in accordance with the cri-
teria set forth for country eligibility under sub-
sections (b)(2) and (c) of section 502 of the Trade 
Act of 1974 (19 U.S.C. 2462), relating to the Gen-
eralized System of Preferences, and in accordance 
with the provisions of the Bipartisan Congressional 
Trade Priorities and Accountability Act of 2015 
(title I of Public Law 114–26; 19 U.S.C. 4201 et 
seq.); 
(8) assess whether there are any foreign per-
sons working directly or indirectly for the Govern-
ment of Vietnam who, based on credible evidence— 
(A) 
are 
responsible 
for 
extrajudicial 
killings, torture, enforced disappearances, or 
prolonged detention without trial against indi-
viduals in Vietnam who seek— 
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(i) to expose illegal activity carried 
out by government officials; or 
(ii) to obtain, exercise, defend, or pro-
mote internationally recognized human 
rights and freedoms, such as the freedoms 
of religion, expression, association, and as-
sembly, and the rights to a fair trial and 
democratic elections; 
(B) acted as agents of or on behalf of a 
foreign person in a matter relating to an activ-
ity described in subparagraph (A); 
(C) are government officials, or senior as-
sociates of any such official, who are respon-
sible for, or complicit in, ordering, controlling, 
or otherwise directing, acts of significant cor-
ruption, including the expropriation of private 
or public assets for personal gain, corruption 
related to government contracts or the extrac-
tion of natural resources, bribery, or the facili-
tation or transfer of the proceeds of corruption 
to foreign jurisdictions; or 
(D) have materially assisted, sponsored, or 
provided financial, material, or technological 
support for, or goods or services in support of, 
an activity described in subparagraph (C). 
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SEC. 3. RELEASE OF POLITICAL AND RELIGIOUS PRIS-
ONERS IN VIETNAM. 
(a) FINDINGS.—Congress finds the following: 
(1) Since January 2017 at least 35 human 
rights activists and bloggers have been arrested in 
Vietnam. Nineteen of these individuals have already 
been convicted and sentenced to jail terms and the 
other 16 individuals have been formally charged and 
placed in pre-trial detention. These individuals have 
been sentenced to an estimated 1,000 years of im-
prisonment to be followed by 204 years under house 
arrest. 
(2) There are over 100 Vietnamese currently 
detained or imprisoned for political or religious rea-
sons. Prisoners include human rights defenders, 
bloggers, lawyers, religious leaders, trade unionists, 
land rights activists, political dissidents, environ-
mental campaigners, and others arrested for exer-
cising their internationally guaranteed rights, such 
as the right to freedom of expression, to promote 
and protect the rights of others. 
(3) There are also a significant number of reli-
gious prisoners affiliated with independent religious 
communities, including some who have actively en-
gaged in the promotion and protection of freedom of 
religion and others who have been detained simply 
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for professing or practicing their faith outside gov-
ernment approved limits. 
(4) The charges most commonly used against 
political and religious prisoners include charges 
under— 
(A) Article 79 (relating to carrying out ac-
tivities aimed at overthrowing the people’s ad-
ministration); 
(B) Article 87 (relating to undermining 
national unity policy); 
(C) Article 88 (relating to conducting 
propaganda against the Government of Viet-
nam); 
(D) Article 89 (relating to disrupting secu-
rity); 
(E) Article 245 (relating to causing public 
disorder); 
(F) Article 247 (relating to performing su-
perstitious practices); 
(G) Article 257 (relating to resisting per-
sons in the performance of their official duties); 
and 
(H) Article 258 (relating to abusing demo-
cratic freedoms to infringe upon the interests of 
the state). 
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(5) In 2013, the Prime Minister of Vietnam 
issued Decree 72 to further restrict internet freedom 
in Vietnam. 
(b) REPEAL OF CERTAIN LAWS AND ADMINISTRA-
TIVE DECREES.—The Secretary of State, in discussions 
with the Government of Vietnam, should— 
(1) urge the Government of Vietnam to repeal 
laws and administrative decrees restricting freedom 
of expression, association, and peaceful assembly in 
Vietnam, including laws relating to ‘‘propaganda 
against the state’’ and ‘‘taking advantage of demo-
cratic freedoms to injure the national unity’’; 
(2) urge the Government of Vietnam to repeal 
articles 109, 116, 117, 118, and 331 of the Penal 
Code and bring its penal code in conformity with the 
International Covenant on Civil and Political Rights 
(ICCPR); 
(3) urge the Government of Vietnam to revise 
the Law on Cyber Security and bring it into compli-
ance with international human rights standards; and 
(4) urge the Government of Vietnam— 
(A) 
to 
stop 
arresting 
prodemocracy 
bloggers and other individuals who use the 
internet to criticize the government; and 
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