in the Universal Declaration of Human Rights, including, 
but not limited to, effectively affording— 
(1) the right to engage in free expression with-
out fear of any prior restraints; 
(2) the right to peaceful assembly without re-
strictions, in accordance with international law; 
(3) religious freedom, including the right to 
worship free of involvement of and interference by 
the government; 
(4) the right to liberty of movement, freedom to 
choose a residence within Vietnam, freedom from co-
ercion in family planning, and the right to leave 
from and return to Vietnam; 
(5) the right of a criminal defendant— 
(A) to be tried in his or her presence, and 
to defend himself or herself in person or 
through legal assistance of his or her own 
choosing; 
(B) to be informed, if he or she does not 
have legal assistance, of the right set forth in 
subparagraph (A); 
(C) to have legal assistance assigned to 
him or her in any case in which the interests 
of justice so require and without payment by 
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him or her in any such case if he or she does 
not have sufficient means to pay for it; 
(D) to a fair and public hearing by a com-
petent, independent, and impartial tribunal es-
tablished by the law; 
(E) to be presumed innocent until proved 
guilty according to law; and 
(F) to be tried without undue delay; 
(6) the right to be free from torture and other 
forms of cruel or unusual punishment; 
(7) protection of internationally recognized 
worker rights; 
(8) freedom from incarceration as punishment 
for political opposition to the government; 
(9) freedom from incarceration as punishment 
for exercising or advocating human rights (including 
those described in this section); 
(10) freedom from arbitrary arrest, detention, 
or exile; and 
(11) the right to fair and public hearings by an 
independent tribunal for the determination of a citi-
zen’s rights and obligations. 
(b) VICTIMS LISTS.—The Commission shall compile 
and maintain lists of persons believed to be imprisoned, 
detained, or placed under house arrest, tortured, or other-
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wise persecuted by the Government of the Socialist Repub-
lic of Vietnam due to their pursuit of the rights described 
in subsection (a). In compiling such lists, the Commission 
shall exercise appropriate discretion, including concerns 
regarding the safety and security of, and benefit to, the 
persons who may be included on the lists and their fami-
lies. 
(c) MONITORING
DEVELOPMENT
OF
RULE
OF 
LAW.—The Commission shall monitor the development of 
the rule of law in the Socialist Republic of Vietnam, with 
particular emphasis on the Montagnard peoples and the 
Central and Northwest Highlands, including, but not lim-
ited to— 
(1) progress toward the development of institu-
tions of democratic governance; 
(2) processes by which statutes, regulations, 
rules, and other legal acts of the Government of 
Vietnam are developed and become binding within 
Vietnam; 
(3) the extent to which statutes, regulations, 
rules, administrative and judicial decisions, and 
other legal acts of the Government of Vietnam are 
published and are made accessible to the public; 
(4) the extent to which administrative and judi-
cial decisions are supported by statements of reasons 
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that are based upon written statutes, regulations, 
rules, and other legal acts of the Government of 
Vietnam; 
(5) the extent to which individuals are treated 
equally under the laws of Vietnam without regard to 
citizenship; 
(6) the extent to which administrative and judi-
cial decisions are independent of political pressure or 
governmental interference and are reviewed by enti-
ties of appellate jurisdiction; and 
(7) the extent to which laws in Vietnam are 
written and administered in ways that are consistent 
with international human rights standards, including 
the requirements of the International Covenant on 
Civil and Political Rights. 
(d) BILATERAL COOPERATION.—The Commission 
shall monitor and encourage the development of programs 
and activities of the United States Government and pri-
vate organizations with a view toward increasing the inter-
change of people and ideas between the United States and 
the Socialist Republic of Vietnam and expanding coopera-
tion in areas that include, but are not limited to— 
(1) increasing enforcement of human rights de-
scribed in subsection (a); and 
(2) developing the rule of law in Vietnam. 
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(e) CONTACTS WITH NONGOVERNMENTAL ORGANI-
ZATIONS.—In performing the functions described in sub-
sections (a) through (d), the Commission shall, as appro-
priate, seek out and maintain contacts with nongovern-
mental organizations, including receiving reports and up-
dates from such organizations and evaluating such re-
ports. 
(f) ANNUAL REPORTS.— 
(1) IN GENERAL.—The Commission shall issue 
a report to the President and the Congress not later 
than 12 months after the date of the enactment of 
this Act, and not later than the end of each 12- 
month period thereafter, setting forth the findings of 
the Commission during the preceding 12-month pe-
riod, in carrying out subsections (a) through (c). 
The Commission’s report may contain recommenda-
tions for legislative or executive action. 
(2) COORDINATION.—The report required to be 
issued under paragraph (1) shall be developed in co-
ordination with the findings of the most recent an-
nual Department of State’s Country Reports on 
Human Rights Practices for Vietnam, the Traf-
ficking in Persons Report, and the annual report of 
the United States Commission on International Reli-
gious Freedom. 
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