[Congressional Record (Bound Edition), Volume 152 (2006), Part 13]
[House]
[Pages 18511-18513]
[From the U.S. Government Publishing Office, www.gpo.gov]




  EXPRESSING SENSE OF THE HOUSE OF REPRESENTATIVES THAT THE SOCIALIST 
REPUBLIC OF VIETNAM NEEDS TO DO MORE TO RESOLVE CLAIMS FOR CONFISCATED 
                       REAL AND PERSONAL PROPERTY

  Ms. ROS-LEHTINEN. Madam Speaker, I move to suspend the rules and 
agree to the resolution (H. Res. 415) expressing the sense of the House 
of Representatives that the Socialist Republic of Vietnam needs to do 
more to resolve claims for confiscated real and personal property, and 
for other purposes, as amended.
  The Clerk read as follows:

                              H. Res. 415

       Whereas during the establishment of the Socialist Republic 
     of Vietnam as a 1-party state ruled and controlled by the 
     Vietnamese Communist Party, uncompensated confiscation of 
     real and personal property from Vietnamese citizens was a 
     widespread occurrence;
       Whereas Article 23 of the Constitution of the Socialist 
     Republic of Vietnam provides that ``[t]he lawful property of 
     individuals and organizations shall not be nationalized'';
       Whereas according to the Department of State, more work is 
     necessary to adequately protect property rights in Vietnam; 
     and
       Whereas the people of the United States are firmly 
     committed to freedom, democracy, and basic human rights for 
     the citizens of the Socialist Republic of Vietnam: Now, 
     therefore, be it
       Resolved, That--
       (1) The House of Representatives--
       (A) welcomes recent attempts by the Government of the 
     Socialist Republic of Vietnam to establish private land use 
     rights for its citizens, and hopes that these rights are 
     quickly expanded to encompass all Vietnamese citizens;
       (B) calls on the Government of the Socialist Republic of 
     Vietnam to more fully recognize its responsibility to provide 
     equitable, prompt, and fair restitution of property that was 
     confiscated by the government;
       (C) calls on the Government of the Socialist Republic of 
     Vietnam to direct local officials, particularly in the 
     Central Highlands region, to promptly investigate and resolve 
     complaints about discriminatory and uncompensated 
     confiscation of land;
       (D) urges the Government of the Socialist Republic of 
     Vietnam to form a national commission for processing 
     restitution claims, and to obligate local government 
     officials, bodies, and agencies to provide all necessary 
     documentation and cooperation to facilitate the 
     implementation of decisions issued by the national 
     commission; and
       (E) strongly urges the Government of the Socialist Republic 
     of Vietnam--
       (i) to ensure that implementation of land use reforms by 
     local officials does not result in increased inequity in 
     access to land, particularly for the poor and for those out 
     of favor with the Communist Party; and
       (ii) to ensure that the government provides fair, prompt, 
     and equitable restitution to former landowners for the 
     property rights of all confiscated lands; and
       (2) it is the sense of the House of Representatives that--
       (A) the President should specifically consider land use 
     rights for individuals in determining whether the Socialist 
     Republic of Vietnam is a country of particular concern for 
     religious freedom under section 402(b)(1)(A) of the 
     International Religious Freedom Act of 1998 (22 U.S.C. 
     6442(b)(1)(A)); and
       (B) the President should direct the Secretary of State to 
     include, in the Secretary of State's annual Country Reports 
     on Human Rights Practices submitted to the Congress under the 
     Foreign Assistance Act of 1961, the status of land use rights 
     and restitution claims in the Socialist Republic of Vietnam.
  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr. 
Lantos) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida.


                             General Leave

  Ms. ROS-LEHTINEN. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the resolution under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Ms. ROS-LEHTINEN. Madam Speaker, I yield myself such time as I may 
consume.
  House Resolution 415 expresses the sense of the House that the 
Socialist Republic of Vietnam needs to do more to resolve claims for 
confiscated real and personal property. This resolution notes the 
widespread confiscation of real and personal property that occurred 
during the establishment of the Socialist Republic of Vietnam as a one-
party state ruled by the Vietnamese Communist Party.
  Many individuals and entities, including the Catholic Church and the 
United Buddhist Church of Vietnam, still have not been adequately 
compensated for those extensive takings.
  Unfortunately, property confiscation is not just a thing of the past. 
Earlier this year, the State Department noted reports that Vietnamese 
officials had forced some ethnic minority Protestants to leave their 
homes without adequate compensation, and that land was seized from 
other minorities and given to state-owned coffee and rubber 
plantations. These events underscore the continuing need for equitable 
restitution and better protection of property rights in Vietnam.
  House Resolution 415 urges the Vietnamese Government to investigate 
confiscation complaints and to provide restitution. It also expresses 
the sense of the House that our President should consider land rights 
issues in determining whether Vietnam is a country of particular 
concern for religious freedom under the International Religious Freedom 
Act, and should include reporting on land rights and restitution issues 
in the annual Country Reports on Human Rights Practices.
  We appreciate the efforts of this resolution's lead sponsors, the 
gentlewoman from California (Ms. Loretta Sanchez) and the gentleman 
from Indiana (Mr. Burton), and we thank Chairman Hyde and the Committee 
on International Relations for moving this resolution forward.
  Madam Speaker, I reserve the balance of my time.
  Mr. LANTOS. Madam Speaker, I yield myself such time as I may consume, 
and I rise in strong support of this resolution.
  I first want to commend my good friend and fellow Californian Ms. 
Loretta Sanchez for introducing this resolution. Her leadership in 
Congress on matters related to Vietnam is deeply appreciated.
  Since the fall of Saigon more than three decades ago, the Vietnamese 
Government has confiscated private

[[Page 18512]]

property of thousands of Vietnamese families. Some of these Vietnamese 
have fled abroad, while others have continued to live under the 
repression of the Vietnamese Communist Party.
  Sadly, the confiscation of private property by the Vietnamese 
Government is not a matter of ancient history. Many Vietnamese today 
complain that local authorities are confiscating their lands without 
compensation and due process, and that these confiscations are being 
carried out in a singularly discriminatory fashion.
  The Montagnards in Vietnam's Central Highlands, many of whom are 
Christians, have been particularly subjected to land confiscations. 
Many Christian Montagnards have lost access to their ancestral lands, 
and they have been severely marginalized in an economic sense. In some 
cases, confiscated Montagnard land has been turned over to Vietnamese 
from lowland areas.
  Madam Speaker, the Vietnamese Government has recently made efforts to 
improve its land reform policies. It is imperative that the government 
uses this process to end discriminatory land seizures and to ensure 
that everyone receives adequate compensation for their property.
  I urge all of my colleagues to support this resolution.
  Madam Speaker, I yield 3 minutes to the author of this important 
resolution, my good friend from California (Ms. Loretta Sanchez).
  Ms. LORETTA SANCHEZ of California. Madam Speaker, I thank Mr. Lantos 
for yielding me this time.
  I would also like to thank my original cosponsor, the gentleman from 
Indiana (Mr. Burton), and Chairman Hyde, and all of the members of the 
Committee on International Relations who thought this was an important 
resolution and who helped me bring it to the floor.
  I introduced H. Res. 415 in June 2005 because we began to see a very 
big pattern of confiscation of land. Now, this had been happening in 
Vietnam since the fall of Saigon back in 1975 by the Socialist 
government. But we have seen it happen even more, and particularly to 
religious institutions and to minorities, including the Montagnards who 
live up in the highlands.
  It is a growing concern, and illegal seizures of personal property 
from Vietnamese citizens and private organizations just shouldn't be 
happening. Even though Article 23 of the Vietnamese Constitution 
prohibits seizure of property without compensation, this has not been 
enforced.
  We must support the people within Vietnam who continue to fight for 
the right to keep their land. Believe me, they do. They have been 
demonstrating now for almost 6 months in front of the government 
buildings in Hanoi asking for land reform, asking to get their lands 
back. We need to make sure if their lands are taken and they are not 
gotten back, they should at least be compensated correctly for having 
them taken from them.
  The government claims it is working to improve its human rights 
record. Well, this Congress can send a clear message that we are 
looking at what they are doing, and in order to show progress in the 
area of human rights, we are going to evaluate it step by step, and the 
first part is to end property seizures and to fairly compensate the 
citizens and organizations whose land has been unfairly taken.
  Congress must be clear with the Government of Vietnam that promises 
alone are not satisfactory, and that implementation and enforcement are 
the real measures of this progress. As the President prepares to go to 
Vietnam, and as Vietnam is looking at entrance into WTO, and as we are 
looking at normal trade relations with Vietnam, I think it is 
incredibly important for this Congress to remember how important human 
rights are here in the United States and for every citizen of the 
world.
  I urge my colleagues to support the people of Vietnam and to send a 
clear message to the Government of Vietnam by voting for this 
resolution today.
  Ms. ROS-LEHTINEN. Madam Speaker, I yield 3 minutes to the gentlewoman 
from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise to support the 
effort, the legislation and the work of Congresswoman Sanchez, who has 
worked on these issues for a very long time. I also thank the ranking 
member Mr. Lantos and the manager Ms. Ros-Lehtinen for their leadership 
on these issues.
  It is interesting that now, with most of the world's leaders at the 
United Nations, you would almost hope that they would accomplish 
something. Certainly that would mean to many of the nations that would 
be appearing there that they would address some of the questions that 
have oppressed their citizens for years.

                              {time}  1630

  After the Vietnam War, we remain with a divided Vietnam, the North 
and South Vietnam; but over the years, this Congress and these 
administrations have moved more closely to try to develop alliances 
with the United States and North and South Vietnam, under the argument 
that engagement is responsible and it helps to promote democracy.
  I would say that many of the Vietnamese in the Vietnamese community 
of the United States know that that is still a difficult road. Many are 
still fighting for family reunification, for the right to visit their 
families, or the right for their families to be reunited with them. 
Even though we move closer and closer to trade relationships, we still 
have harsh conditions in the Socialist Republic of Vietnam, and that 
has to do with the ongoing fight for confiscated and personal property 
that has not been returned.
  Unfortunately, as the one-party system was established under the 
Vietnamese Communist Party, uncompensated confiscation of real and 
personal property from Vietnamese citizens was widespread and there was 
no solution. Unfortunately, under this government the confiscation of 
land as a tool of repression against certain ethnic minorities 
continued, and it continues even today. Article 23 of the Constitution 
of the Socialist Republic of Vietnam provides that the lawful property 
of individuals and organizations shall not be nationalized.
  So I rise today to ask that more attention be given to the providing 
of this property back to the rightful owners and that the government is 
asked by the world community to establish a private land use right for 
some of its citizens and also to establish a way to return this 
property. We, likewise, believe that this government should remove 
itself from engaging in repressive procedures that do not allow the 
right of private property ownership to exist in North Vietnam. We 
believe it is very important for tools to be put in place so that the 
rights of the people can be restored.
  I hope in this time that the United Nations is gathered that issues 
dealing with individual rights of citizens and countries that are still 
repressive become high on their agenda. We need to discuss Sudan. We 
need to discuss the rights of the people in Iran, and, certainly, 
Vietnam is one in particular.
  So I join in support of H. Res. 415 and ask this Congress to support 
a strong statement being made to North Vietnam about the rights of its 
people and the right for the return of private and personal property. 
This is a time that the statement should be made, but more importantly, 
this is a time for action.
  Mr. LANTOS. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Ms. ROS-LEHTINEN. Madam Speaker, I have no further requests for time, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Florida (Ms. Ros-Lehtinen) that the House suspend the 
rules and agree to the resolution, H. Res. 415, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the resolution, as amended, was 
agreed to.
  A motion to reconsider was laid on the table.

[[Page 18513]]



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