I 
115TH CONGRESS 
2D SESSION 
H. R. 5621 
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 
APRIL 25, 2018 
Mr. SMITH of New Jersey (for himself, Mrs. COMSTOCK, Mr. SHERMAN, Ms. 
ROS-LEHTINEN, 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 AND TABLE OF CONTENTS. 
(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 and table of contents. 
Sec. 2. Finding and statement of policy. 
Sec. 3. Actions to encourage repeal of certain laws and administrative decrees 
and release of political and religious prisoners in Vietnam. 
Sec. 4. International religious freedom. 
Sec. 5. Internet freedom. 
Sec. 6. Annual country reports on human rights practices. 
Sec. 7. United States assistance to support counting of women and girls in 
Vietnam. 
Sec. 8. Illegal expropriation of properties of United States citizens by the Gov-
ernment of Vietnam. 
Sec. 9. Vietnam Ethnic Minority Development Fund. 
Sec. 10. United States public diplomacy. 
Sec. 11. Sense of Congress on sales of lethal military equipment or services to 
the Government of Vietnam. 
Sec. 12. Annual reports on United States-Vietnam Human Rights Dialogue 
meetings. 
SEC. 2. FINDING AND STATEMENT OF POLICY. 
(a) FINDINGS.—Congress finds the following: 
(1) Support for human rights, democratic insti-
tutions, and the rule of law are important tenets of 
United States foreign policy and critical to the se-
curing of United States national interests. 
(2) A government’s treatment of its own people 
often indicates how it will behave toward its neigh-
bors and whether it will uphold international or bi-
lateral commitments. 
(3) Advances globally in good governance, reli-
gious freedom, an independent judiciary, a strong 
civil society, constraints on corruption, independent 
news media, and internet freedom are crucial ele-
ments in securing the peace, prosperity, and security 
of the American people. 
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(4) Free nations are more prosperous, more 
stable, and more reliable as trade and security part-
ners. Even when the United States has economic 
and security interests with governments that exhibit 
a pattern of gross violations of internationally-recog-
nized human rights, these violations will inhibit the 
development of a productive and sustainable partner-
ships. 
(b) 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 strategic partnerships will depend on the Gov-
ernment of Vietnam’s commitment to abide by its 
international commitments, adhere to universal 
standards, and protect the fundamental human 
rights of the Vietnamese people; 
(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-
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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 
Governments of the United States and Vietnam, in-
cluding in all aspects of the United States-Vietnam 
Comprehensive Partnership, recognizing the rel-
evance of human rights improvements in Vietnam 
for United States national interests and the rel-
evance of a ‘‘whole of government’’ approach to 
human rights promotion that views concrete im-
provements as key parts of an ongoing discussions 
on trade, security, humanitarian cooperation, and 
economic development; 
(5) assess Vietnam’s progress toward respecting 
the basic rights of workers, as described in the 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 
Relations, notwithstanding the fact that the Trans 
Pacific Partnership did not go into effect; 
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(6) 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.); 
(7) 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— 
(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; 
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(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; and 
(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); and 
(8) impose sanctions with respect to individuals 
assessed to have engaged in or be complicit in the 
activities described in paragraph (7) under section 
1263 of the Global Magnitsky Human Rights Ac-
countability Act (subtitle F of title XII of Public 
Law 114–328; 22 U.S.C. 2656 note). 
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SEC. 3. ACTIONS TO ENCOURAGE REPEAL OF CERTAIN 
LAWS AND ADMINISTRATIVE DECREES AND 
RELEASE OF POLITICAL AND RELIGIOUS 
PRISONERS 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. 
(2) These arrests bring the number of Viet-
namese currently detained or imprisoned for political 
or religious reasons to 171 individuals. These indi-
viduals have been sentenced to an estimated 1,000 
years of imprisonment to be followed by 204 years 
under house arrest. These individuals include human 
rights defenders, bloggers, lawyers, religious leaders, 
trade unionists, land rights activists, political dis-
sidents, environmental campaigners, and others ar-
rested for exercising their internationally-protected 
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-
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gaged in the promotion and protection of freedom of 
religion and others who have been detained simply 
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 
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