[Congressional Record (Bound Edition), Volume 158 (2012), Part 10]
[House]
[Pages 13648-13656]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    VIETNAM HUMAN RIGHTS ACT OF 2012

  Ms. ROS-LEHTINEN. Mr. Speaker, I move to suspend the rules and pass 
the bill (H.R. 1410) to promote freedom and democracy in Vietnam, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1410

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Vietnam 
     Human Rights Act of 2012''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Prohibition on increased nonhumanitarian assistance to the 
              Government of Vietnam.
Sec. 4. United States public diplomacy.
Sec. 5. Annual report.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (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 two countries reaching over $20,000,000,000 in 
     2011.
       (2) The Government of Vietnam's transition toward greater 
     economic freedom and trade has not been matched by greater 
     political freedom and substantial improvements in basic human 
     rights for Vietnamese citizens, including freedom of 
     religion, expression, association, and assembly.
       (3) The United States Congress agreed to Vietnam becoming 
     an official member of the World Trade Organization in 2006, 
     amidst assurances that the Government of Vietnam was steadily 
     improving its human rights record and would continue to do 
     so.
       (4) Vietnam remains a one-party state, ruled and controlled 
     by the Communist Party of Vietnam (CPV), which continues to 
     deny the right of citizens to change their Government.
       (5) Although in recent years the National Assembly of 
     Vietnam has played an increasingly active role as a forum for 
     highlighting local concerns, corruption, and inefficiency, 
     the National Assembly remains subject to the direction of the 
     CPV and the CPV maintains control over the selection of 
     candidates in national and local elections.
       (6) The Government of Vietnam forbids public challenge to 
     the legitimacy of the

[[Page 13649]]

     one-party state, restricts freedoms of opinion, the press, 
     and association and tightly limits access to the Internet and 
     telecommunication.
       (7) Since Vietnam's accession to the WTO on January 11, 
     2007, the Government of Vietnam arbitrarily arrested and 
     imprisoned numerous individuals for their peaceful advocacy 
     of religious freedom, democracy, and human rights, including 
     Father Nguyen Van Ly, human rights lawyers Nguyen Van Dai, Le 
     Thi Cong Nhan, Cu Huy Ha Vu, and Le Cong Dinh, and bloggers 
     Nguyen Van Hai and Phan Thanh Hai.
       (8) The Government of Vietnam continues to detain, 
     imprison, place under house arrest, convict, or otherwise 
     restrict persons for the peaceful expression of dissenting 
     political or religious views.
       (9) The Government of Vietnam has also failed to improve 
     labor rights, continues to arrest and harass labor leaders, 
     and restricts the right to organize independently.
       (10) The Government of Vietnam continues to limit the 
     freedom of religion, restrict the operations of independent 
     religious organizations, and persecute believers whose 
     religious activities the Government regards as a potential 
     threat to its monopoly on power.
       (11) Despite reported progress in church openings and legal 
     registrations of religious venues, the Government of Vietnam 
     has halted most positive actions since the Department of 
     State lifted the ``country of particular concern'' (CPC) 
     designation for Vietnam in November 2006.
       (12) Unregistered ethnic minority Protestant congregations, 
     particularly Montagnards in the Central and Northwest 
     Highlands, suffer severe abuses because of actions by the 
     Government of Vietnam, which have included forced 
     renunciations of faith, arrest and harassment, the 
     withholding of social programs provided for the general 
     population, confiscation and destruction of property, 
     subjection to severe beatings, and reported deaths.
       (13) There has been a pattern of violent responses by the 
     Government to peaceful prayer vigils and demonstrations by 
     Catholics for the return of Government-confiscated church 
     properties. Protesters have been harassed, beaten, and 
     detained and church properties have been destroyed. Catholics 
     also continue to face some restrictions on selection of 
     clergy, the establishment of seminaries and seminary 
     candidates, and individual cases of travel and church 
     registration.
       (14) In May 2010 the village of Con Dau, a Catholic parish 
     in Da Nang, faced escalated violence during a funeral 
     procession as police attempted to prohibit a religious burial 
     in the village cemetery; more than 100 villagers were 
     injured, 62 were arrested, five were tortured, and at least 
     three died.
       (15) The Unified Buddhist Church of Vietnam (UBCV) suffers 
     persecution as the Government of Vietnam continues to 
     restrict contacts and movement of senior UBCV clergy for 
     refusing to join the state-sponsored Buddhist organization, 
     the Government restricts expression and assembly, and the 
     Government continues to harass and threaten UBCV monks, nuns, 
     and youth leaders.
       (16) The Government of Vietnam continues to suppress the 
     activities of other religious adherents, including Cao Dai 
     and Hoa Hao Buddhists who lack official recognition or have 
     chosen not to affiliate with the state-sanctioned groups, 
     including through the use of detention, imprisonment, and 
     strict Government oversight.
       (17) During Easter weekend in April 2004, thousands of 
     Montagnards 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 demonstrators were arrested, 
     injured, or went into hiding, and that others were killed. 
     Many of these Montagnards and others are still serving long 
     sentences for their involvement in peaceful demonstrations in 
     2001, 2002, 2004, and 2008. Montagnards continue to face 
     threats, detention, beatings, forced renunciation of faith, 
     property destruction, restricted movement, and reported 
     deaths at the hands of Government officials.
       (18) Ethnic minority Hmong in the Northwest Highlands of 
     Vietnam also suffer restrictions, abuses, and persecution by 
     the Government of Vietnam, and although the Government is now 
     allowing some Hmong Protestants to organize and conduct 
     religious activities, some Government officials continue to 
     deny or ignore additional applications for registration, and 
     to persecute churches and believers who do not wish to 
     affiliate with Government-controlled religious entities.
       (19) In 2007, the Government of Vietnam arrested, beat, and 
     defrocked several ethnic Khmer Buddhists in response to a 
     peaceful religious protest. The Government continues to 
     restrict Khmer Krom expression, assembly, association, and 
     controls all religious organizations and prohibits most 
     peaceful protests.
       (20) The Government of Vietnam controls all print and 
     electronic media, including access to the Internet, jams the 
     signals of some foreign radio stations, including Radio Free 
     Asia, and has detained and imprisoned individuals who have 
     posted, published, sent, or otherwise distributed democracy-
     related materials.
       (21) People arrested in Vietnam because of their political 
     or religious affiliations and activities often are not 
     accorded due legal process as they lack full access to 
     lawyers of their choice, may experience closed trials, have 
     often been detained for years without trial, and have been 
     subjected to the use of torture to admit crimes they did not 
     commit or to falsely denounce their own leaders.
       (22) Vietnam continues to be a source country for the 
     commercial sexual exploitation and forced labor of women and 
     girls, as well as 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.
       (23) Although the Government of Vietnam reports progress in 
     combating human trafficking, it does not fully comply with 
     the minimum standards for the elimination of trafficking, and 
     is not making substantial efforts to comply.
       (24) United States refugee resettlement programs, including 
     the Humanitarian Resettlement (HR) Program, the Orderly 
     Departure Program (ODP), Resettlement Opportunities for 
     Vietnamese Returnees (ROVR) Program, general resettlement of 
     boat people from refugee camps throughout Southeast Asia, the 
     Amerasian Homecoming Act of 1988, and the Priority One 
     Refugee resettlement category, have helped rescue Vietnamese 
     nationals who have suffered persecution on account of their 
     associations with the United States or, in many cases, 
     because of such associations by their spouses, parents, or 
     other family members, as well as other Vietnamese nationals 
     who have been persecuted because of race, religion, 
     nationality, political opinion, or membership in a particular 
     social group.
       (25) While previous programs have served their purposes 
     well, a significant number of eligible refugees from Vietnam 
     were unfairly denied or excluded, including Amerasians, in 
     some cases by vindictive or corrupt Vietnamese officials who 
     controlled access to the programs, and in others by United 
     States personnel who imposed unduly restrictive 
     interpretations of program criteria. In addition, the 
     Government of Vietnam has denied passports to persons who the 
     United States has found eligible for refugee admission.
       (26) The Government of Vietnam holds tens of thousands of 
     people in government-run drug detention centers and treats 
     them as slave laborers.
       (27) To date, over 60,000 people have signed a petition 
     calling on the Administration to not expand trade with 
     communist Vietnam at the expense of human rights.
       (28) Congress has passed numerous resolutions condemning 
     human rights abuses in Vietnam, indicating that although 
     there has been an expansion of relations with the Government 
     of Vietnam, it should not be construed as approval of the 
     ongoing and serious violations of fundamental human rights in 
     Vietnam.
       (b) Purpose.--The purpose of this Act is to promote the 
     development of freedom and democracy in Vietnam.

     SEC. 3. PROHIBITION ON INCREASED NONHUMANITARIAN ASSISTANCE 
                   TO THE GOVERNMENT OF VIETNAM.

       (a) Assistance.--
       (1) In general.--Except as provided in subsection (b), the 
     Federal Government may not provide nonhumanitarian assistance 
     to the Government of Vietnam during any fiscal year in an 
     amount that exceeds the amount of such assistance provided 
     during fiscal year 2011 unless--
       (A) the Federal Government provides assistance, in addition 
     to the assistance authorized under section 4, supporting the 
     creation and facilitation of human rights training, civil 
     society capacity building, noncommercial rule of law 
     programming, and exchange programs between the Vietnamese 
     National Assembly and the United States Congress at levels 
     commensurate with, or exceeding, any increases in 
     nonhumanitarian assistance to Vietnam;
       (B) with respect to the limitation for fiscal year 2012, 
     the President determines and certifies to Congress, not later 
     than 30 days after the date of the enactment of this Act, 
     that the requirements of subparagraphs (A) through (G) of 
     paragraph (2) have been met during the 12-month period ending 
     on the date of the certification; and
       (C) with respect to the limitation for subsequent fiscal 
     years, the President determines and certifies to Congress, in 
     the most recent annual report submitted pursuant to section 
     5, that the requirements of subparagraphs (A) through (G) of 
     paragraph (2) have been met during the 12-month period 
     covered by the report.
       (2) Requirements.--The requirements of this paragraph are 
     the following:
       (A) The Government of Vietnam has made substantial progress 
     toward releasing all political and religious prisoners from 
     imprisonment, house arrest, and other forms of detention.
       (B) The Government of Vietnam has made substantial progress 
     toward--
       (i) respecting the right to freedom of religion, including 
     the right to participate in religious activities and 
     institutions without interference, harassment, or involvement 
     of

[[Page 13650]]

     the Government, for all of Vietnam's diverse religious 
     communities; and
       (ii) returning estates and properties confiscated from the 
     churches and religious communities.
       (C) The Government of Vietnam has made substantial progress 
     toward respecting the right to freedom of expression, 
     assembly, and association, including the release of 
     independent journalists, bloggers, and democracy and labor 
     activists.
       (D) The Government of Vietnam has made substantial progress 
     toward repealing or revising laws that criminalize peaceful 
     dissent, independent media, unsanctioned religious activity, 
     and nonviolent demonstrations and rallies, in accordance with 
     international standards and treaties to which Vietnam is a 
     party.
       (E) The Government of Vietnam has made substantial progress 
     toward allowing Vietnamese nationals free and open access to 
     United States refugee programs.
       (F) The Government of Vietnam has made substantial progress 
     toward respecting the human rights of members of all ethnic 
     and minority groups.
       (G) 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, 
     agency, or entity fully accountable for its conduct.
       (b) Exception.--
       (1) Continuation of assistance in the national interest.--
     Notwithstanding the failure of the Government of Vietnam to 
     meet the requirements of subsection (a)(2), the President may 
     waive the application of subsection (a) for any fiscal year 
     if the President determines that the provision to the 
     Government of Vietnam of increased nonhumanitarian assistance 
     would promote the purpose of this Act or is otherwise in the 
     national interest of the United States.
       (2) Exercise of waiver authority.--The President may 
     exercise the authority under paragraph (1) with respect to--
       (A) all United States nonhumanitarian assistance to 
     Vietnam; or
       (B) one or more programs, projects, or activities of such 
     assistance.
       (c) Definitions.--In this section:
       (1) Nonhumanitarian assistance.--The term ``nonhumanitarian 
     assistance'' means--
       (A) any assistance under the Foreign Assistance Act of 1961 
     (including programs under title IV of chapter 2 of part I of 
     that Act, relating to the Overseas Private Investment 
     Corporation), other than--
       (i) disaster relief assistance, including any assistance 
     under chapter 9 of part I of that Act;
       (ii) assistance which involves the provision of food 
     (including monetization of food) or medicine;
       (iii) assistance for environmental remediation of dioxin-
     contaminated sites and related health activities;
       (iv) assistance to combat severe forms of trafficking in 
     persons;
       (v) assistance to combat pandemic diseases;
       (vi) assistance for refugees; and
       (vii) assistance to combat HIV/AIDS, including any 
     assistance under section 104A of that Act; and
       (B) sales, or financing on any terms, under the Arms Export 
     Control Act.
       (2) Severe form of trafficking in persons.--The term 
     ``severe form of trafficking in persons'' means any activity 
     described in section 103(8) of the Trafficking Victims 
     Protection Act of 2000 (Public Law 106-386 (114 Stat. 1470); 
     22 U.S.C. 7102(8)).
       (d) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act and shall apply with 
     respect to the provision of nonhumanitarian assistance to the 
     Government of Vietnam during fiscal year 2013 and subsequent 
     fiscal years.

     SEC. 4. UNITED STATES PUBLIC DIPLOMACY.

       (a) Radio Free Asia Transmissions to Vietnam.--It is the 
     sense of Congress that the United States should take measures 
     to overcome the jamming of Radio Free Asia by the Government 
     of Vietnam and that the Broadcasting Board of Governors 
     should not cut staffing, funding, or broadcast hours for the 
     Vietnamese language services of the Voice of America and 
     Radio Free Asia, which shall be done without reducing any 
     other broadcast language services.
       (b) United States Educational and Cultural Exchange 
     Programs With Vietnam.--It is the sense of Congress that any 
     programs of educational and cultural exchange between the 
     United States and Vietnam should actively promote progress 
     toward freedom and democracy in Vietnam by providing 
     opportunities to Vietnamese nationals from a wide range of 
     occupations and perspectives to see freedom and democracy in 
     action and, also, by ensuring that Vietnamese nationals who 
     have already demonstrated a commitment to these values are 
     included in such programs.

     SEC. 5. ANNUAL REPORT.

       (a) In General.--Not later than 6 months after the date of 
     the enactment of this Act and every 12 months thereafter, the 
     Secretary of State shall submit to the Congress a report on 
     the following:
       (1) The determination and certification of the President 
     that the requirements of subparagraphs (A) through (G) of 
     section 3(a)(2) have been met, if applicable.
       (2) Steps taken to carry out section 3(a)(1)(A), if 
     applicable.
       (3) Efforts by the United States Government to promote 
     access by the Vietnamese people to Radio Free Asia 
     transmissions.
       (4) Efforts to ensure that programs with Vietnam promote 
     the policy set forth in section 102 of the Human Rights, 
     Refugee, and Other Foreign Policy Provisions Act of 1996 
     regarding participation in programs of educational and 
     cultural exchange.
       (5) Lists of persons believed to be imprisoned, detained, 
     or placed under house arrest, tortured, or otherwise 
     persecuted by the Government of Vietnam due to their pursuit 
     of internationally recognized human rights. In compiling such 
     lists, the Secretary 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 families. In addition, the Secretary shall include a 
     list of such persons and their families who may qualify for 
     protections under United States refugee programs.
       (6) A description of the development of the rule of law in 
     Vietnam, including--
       (A) progress toward the development of institutions of 
     democratic governance;
       (B) processes by which statutes, regulations, rules, and 
     other legal acts of the Government of Vietnam are developed 
     and become binding within Vietnam;
       (C) 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;
       (D) the extent to which administrative and judicial 
     decisions are supported by statements of reasons that are 
     based upon written statutes, regulations, rules, and other 
     legal acts of the Government of Vietnam;
       (E) the extent to which individuals are treated equally 
     under the laws of Vietnam without regard to citizenship, 
     race, religion, political opinion, or current or former 
     associations;
       (F) the extent to which administrative and judicial 
     decisions are independent of political pressure or 
     governmental interference and are reviewed by entities of 
     appellate jurisdiction; and
       (G) 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.
       (b) Contacts With Other Organizations.--In preparing the 
     report under subsection (a), the Secretary shall, as 
     appropriate, seek out and maintain contacts with 
     nongovernmental organizations and human rights advocates 
     (including Vietnamese-Americans and human rights advocates in 
     Vietnam), including receiving reports and updates from such 
     organizations and evaluating such reports. The Secretary 
     shall also seek to consult with the United States Commission 
     on International Religious Freedom for appropriate sections 
     of the report.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Florida (Ms. Ros-Lehtinen) and the gentleman from California (Mr. 
Berman) each will control 20 minutes.
  The Chair recognizes the gentlewoman from Florida.


                             General Leave

  Ms. ROS-LEHTINEN. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and to insert extraneous materials into the Record on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Florida?
  There was no objection.
  Ms. ROS-LEHTINEN. I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1410, the Vietnam Human Rights 
Act. The Socialist Republic of Vietnam remains a gross human rights 
violator even as its trade with the U.S. grows. The people of Vietnam 
continue to be oppressed by their Communist jailers, unable to change 
their government or enjoy any semblance of the rule of law. Indeed, the 
most recent elections of May 2011 were neither free nor fair. Much like 
those living under the ruthless Castro regime in my native Cuba, 
Vietnamese citizens are subject to brutal treatment from police, 
inhumane prison conditions, and denial of the right to a fair and 
speedy trial.
  The judicial system is plagued by endemic corruption and 
inefficiency, and the Communist government has increasingly limited 
privacy rights and freedoms of the press, speech, assembly, movement, 
and association. Freedom of religion is subject to interpretation by 
Communist authorities, with

[[Page 13651]]

significant problems occurring at provincial and village levels.
  Violence and discrimination against women, as well as trafficking in 
persons, continue to torment the population. The sexual exploitation of 
children, as well as hate crimes and discrimination based on ethnicity, 
sexual orientation, and HIV/AIDS status, all persist. As is the case 
with all Communist regimes, police often act with impunity. Cowardly 
hiding this egregious brutality from the civilized world, the Communist 
government prohibits independent human rights organizations from 
operating within its borders. All of this occurs while the U.S. 
continues to broaden trade with the Vietnamese dictators, completing a 
Trade and Investment Framework Agreement, or TIFA, in 2007.
  We have increased our trade with Vietnam every year and have held a 
trade deficit with Vietnam every year since 1997. Mr. Speaker, that is 
not the message that we should send to these thugs. We should not 
reward this Communist dictatorship until the Government of Vietnam has 
made substantial progress respecting political freedoms, media 
freedoms, and religion freedoms.
  Vietnam must also protect its minorities, give access to U.S. refugee 
programs, act to end trafficking in persons, and release its 
approximately 4,000 political prisoners.
  I urge my colleagues to join me in showing our solidarity and support 
for the people of Vietnam by passing this important bill today.
  With that, Mr. Speaker, I reserve the balance of my time.
  Mr. BERMAN. Mr. Speaker, I rise in support of H.R. 1410, as amended, 
and I yield myself such time as I may consume.
  I'd like to thank the sponsor of this legislation, Mr. Smith of New 
Jersey, and the chairman of the Foreign Affairs Committee, Ms. Ros-
Lehtinen, for their leadership on human rights and on this particular 
issue.
  Despite Vietnam's transition to a more open economy, political and 
religious freedoms for the people of Vietnam remain severely curtailed. 
The bilateral relationship between Washington and Hanoi has deepened 
since diplomatic ties were established over 15 years ago, but lack of 
greater progress in protecting basic rights and civil liberties will 
limit closer cooperation in the future.
  In a speech last year on the Obama administration's Asia policy, 
Secretary of State Hillary Clinton stated:

       We have made it clear to Vietnam that if we are to develop 
     a strategic partnership, as both nations desire, Vietnam must 
     do more to respect and protect its citizens' rights.

  The United States must use both diplomatic and economic leverage with 
Vietnam to promote political openness and improve human rights.

                              {time}  1800

  This bill, the Vietnam Human Rights Act of 2011, takes an important 
step in the right direction by prohibiting an increase in 
nonhumanitarian assistance to Vietnam above fiscal year 2011 levels 
unless Hanoi makes significant progress on these critical issues. The 
bill makes it clear to Vietnam that the only factor limiting aid is 
positive action by the Vietnamese Government on political, human, and 
religious rights.
  The Government of Vietnam has an important choice to make. Will it 
protect human rights and provide religious and political freedom to its 
citizens, or will it shirk these responsibilities and forsake the 
closer relationship that it wants with the United States?
  I urge my colleagues to support this legislation, and I reserve the 
balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, I'm so pleased to yield 6 minutes to 
the gentleman from New Jersey (Mr. Smith), the chairman of the Foreign 
Affairs Subcommittee on Africa, Global Health, and Human Rights, who is 
the author of this important bill.
  Mr. SMITH of New Jersey. Mr. Speaker, I want to thank the 
distinguished gentlelady, our good chairwoman, for her leadership on 
this important issue and so many human rights issues around the globe. 
Thank you, Ileana Ros-Lehtinen for again bringing to the floor a very 
important bill and series of bills, many of which are directed at human 
rights.
  And to Mr. Berman, thank you for your kind comments and your strong 
support for this effort to try to bring freedom and hope to the people 
of Vietnam--who, while as you pointed out so rightly, have enjoyed some 
economic progress, regrettably, political rights, human rights, 
fundamental rights have gone in the opposite direction--and so thank 
you for that.
  I want to thank the original cosponsors of the bill--Mr. Royce, Mr. 
Wolf, Ms. Zoe Lofgren, and Ms. Loretta Sanchez--for being original 
cosponsors of this legislation, and I hope the membership will roundly 
and soundly back its enactment or its passage today.
  Mr. Speaker, many of us on both sides of the aisle have been trying 
for decades to help the Vietnamese people secure their fundamental 
human rights and their democratic institutions. From assisting the boat 
people in the 1970s and all of the human rights work that was done to 
help so many Vietnamese, individuals who were in reeducation camps and 
who were dealt with so severely by the dictatorship in Hanoi, Congress 
and the Presidents over the years have tried nobly to assist them, as 
have other human rights activists around the world.
  As far back as 1996 I sponsored the Human Rights Restoration Act, PL 
104-319, which included an important provision directing the U.S. 
Information Agency to take steps to provide opportunities for human 
rights and democracy leaders of Vietnam to come here for educational 
and cultural exchange programs. We found that so often it was the 
communist leaders and their families and friends who were benefiting 
from these trips to the United States, not the people who were the best 
and the bravest and the brightest of Vietnam.
  I visited Vietnam on several occasions, met with dissidents 
throughout the country in Quay, Ho Chi Minh City, as well as Hanoi; met 
with pastors--Catholic, Protestant, Evangelicals--and have met with, as 
some of my other colleagues have as well, the venerable Thich Quang Do, 
who's done a magnificent job speaking up for the Unified Buddhist 
Church of Vietnam, which has been outlawed by the dictatorship in 
Hanoi.
  Regrettably, our efforts, and especially, those heroic efforts by the 
women and men in Vietnam itself, have not resulted in respect for 
fundamental human rights.
  I would note, parenthetically, that Bloc 8406, a great group of 
individuals who signed on to this charter of human rights, one by one 
have been singled out after signing that charter, believing that an 
easing was taking place, signed on. It was just like Vaclav Havel's 
Charter 77 and many other great statements made by the East Bloc 
countries during the dictatorships of that era. Bloc 8406, that is to 
say, April 8, 2006, one by one those individuals have been hunted down, 
and many of them have found themselves in prison.
  The Africa, Global Health, and Human Rights Subcommittee, which I 
chair, heard from witnesses at a hearing earlier this year that the 
Vietnamese Government remains an egregious violator of a broad array of 
human rights. Their testimony confirmed that religious, political, and 
ethnic persecution continue and in many cases is actually increasing, 
and that the Vietnamese officials are still laying out the welcome mat 
for forced labor and sex traffickers.
  For example, we heard from Dr. Nguyen Dinh Thang, the executive 
director of Boat People SOS who had recently traveled to Thailand to 
investigate human rights trafficking violations and other violations in 
Vietnam. Dr. Thang testified that the Government of Vietnam has not 
investigated, let alone prosecuted, a single human trafficking 
violation by Vietnamese labor export companies, many of which are state 
owned. Instead, police have interrogated and threatened victims who 
have spoken out against this modern-day slavery.
  Almost routinely, according to Dr. Thang--and his information 
comports

[[Page 13652]]

with other information our subcommittee has received--the Vietnamese 
Government has sent its officials from Hanoi to trouble spots, 
including American Samoa, Jordan, and Malaysia, in order to silence the 
victims, take sides with the traffickers, or to impede justice.
  The subcommittee also heard testimony of a Vietnamese woman who 
courageously fought for her own rights and those of her coworkers when 
they were trafficked to Jordan with the complicity of the Vietnamese 
Government officials. In addition, our witnesses provided deeply 
disturbing photographs, evidence of torture, and showed a video of the 
Vietnamese military destroying an entire village of Hmong Christians.
  It is imperative that the U.S. Government send an unequivocal message 
to the Vietnamese regime that it must end its human rights abuses 
against its own citizens.
  I would note, Mr. Speaker, that negotiators of the Trans-Pacific 
Partnership, which includes Vietnam, are currently meeting in nearby 
Leesburg, Virginia. Within the next 2 years, or a year or 2, Congress 
will likely be asked to approve a free trade agreement between the U.S. 
and Vietnam as part of this initiative. I hope the administration is 
using those negotiations to strongly encourage the Vietnamese 
Government to finally, at long last, respect human rights.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Ms. ROS-LEHTINEN. I yield the gentleman an additional minute.
  Mr. SMITH of New Jersey. I thank my colleague.
  H.R. 1410 would institute effective measures toward improving human 
rights in Vietnam. As reported by our committee, the bill prohibits any 
increase in nonhumanitarian assistance to the Government of Vietnam 
above fiscal 2011 levels unless the government makes substantial 
progress in establishing freedom of religion, releasing political 
prisoners, respecting the rights of journalists, and the bill lays out 
a whole series of mutually reinforcing steps it must take and the 
people it must protect.
  The bill does not prevent increased funding for the Vietnamese 
Government for certain humanitarian assistance--and I want to 
underscore that--such as food, medicine, agent orange remediation, and 
activities to combat human trafficking. The freeze on foreign 
assistance at 2010 levels can be waived if the President determines 
that increased nonhumanitarian aid to Vietnam would promote democracy 
and freedom or would otherwise be in the national interest.
  Mr. Speaker, we've passed this bill twice in various forms before by 
huge majorities. It is time to pass it, and hopefully the Senate will 
take it up and get it to President Obama.
  Ms. ROS-LEHTINEN. Mr. Speaker, I would like to yield 5 minutes to the 
gentleman from California (Mr. Royce), the chairman of our Subcommittee 
on Terrorism, Nonproliferation, and Trade of our Committee on Foreign 
Affairs.
  Mr. ROYCE. Mr. Speaker, I'm an original cosponsor of this bill, H.R. 
1410. This is the Vietnam Human Rights Act. And I guess it's no 
surprise to a lot of us that have followed what has happened in 
Vietnam, it denies its citizens basic human rights.
  But here's the problem: The conditions there with respect to abuse of 
rule of law are getting worse and worse.
  It used to be that we would watch show trials in terms of the 
abridgement of rights of the citizens of Vietnam; now they don't even 
have the show trials. Now the government just places those dissidents 
in police detention, and they do it without alerting the family, 
without alerting anyone. And at that point, you just have to say the 
rule of law has become nonexistent.
  We received a really stark reminder recently. Human rights dissident 
Nguyen Quoc Quan was arrested by Vietnamese officials. He had attempted 
to enter the country at Ho Chi Minh City's airport, and the charge that 
he was held on was terrorism. Terrorism was the original charge.

                              {time}  1810

  He didn't come to Vietnam equipped with guns or explosives. What's 
the terrorism charge? Well, he came to Vietnam to meet with other 
grassroots organizations committed to peaceful discussions on human 
rights inside the country. To the Vietnamese Communist Government, 
that's terrorism. That really says it all.
  The case of Nguyen Quoc Quan is not an isolated case. His treatment 
there has become the rule, not the exception for those who are trying 
to push for some modicum of free speech or religious freedom, and so 
you have a whole slew of dissidents who are treated like this or even 
worse. When I say ``worse,'' I want to give you another example.
  It is that of Pastor Nguyen Cong Chinh, a pastor of an outlawed 
Mennonite church. He was recently sentenced to 11 years in prison 
during a 1-day trial for ``sowing division between the Communist 
government and its citizens.'' Now, this treatment is nothing new for 
this particular pastor. To date, he has been aggressively interrogated 
over 300 times. He has suffered dozens of beatings, and some of us have 
seen the photographs of the aftermath of some of those brutal beatings. 
He has been forcefully removed from his residence many times and has 
been thrown in jail.
  That is why it is imperative, my friends, that we pass the Vietnam 
Human Rights Act. I think the important point here is that this kind of 
action can be an inspiration to the brave dissidents inside Vietnam who 
continue to be brutally repressed. Part of this is to provide for 
information from Radio Free Asia to better be able to broadcast into 
the country, to better be able to shed light on this kind of activity, 
to leverage for change, and to bring objective news--to bring the 
truth--to be a surrogate-free radio station for the Vietnamese people. 
The spread of democratic values in Asia, frankly, is critical to our 
security interests as well.
  I, myself, have met with some of the Vietnamese dissidents discussed 
here today, and I've been denounced by the Vietnamese Government for 
simply meeting with those whose only wish is the freedom to speak their 
minds. That tells me that the Vietnamese Government is sensitive to 
international criticism and that the United States must continue to 
speak out about this issue. I don't think silence is an option for us 
in the U.S.
  In closing, I want to thank Chairwoman Ros-Lehtinen for her focus on 
human rights. I want to thank the author here, Chris Smith, for his 
efforts, and Howard Berman, Congressman from California, for his work 
on behalf of the Vietnamese people.
  Mr. BERMAN. I am very pleased to yield 2 minutes to the gentlelady 
from California (Mrs. Davis).
  Mrs. DAVIS of California. Thank you.
  I rise today to express my strong support for H.R. 1410 and also for 
H. Res. 484. This bill and resolution really embody a great concern of 
many of my constituents at home as well as of Americans across this 
country.
  As Americans, we often take for granted the rights and privileges 
that are guaranteed to each and every individual in this country. We 
can speak out at town halls, and we can protest in front of the Capitol 
steps. When all else fails, we can register our votes at the polls to 
make our voices heard. Those rights and privileges that we enjoy are 
being denied every single day to the people of Vietnam.
  So, today, we vote on this bill and this resolution in order to send 
a clear message that these abuses will not be tolerated. We must make 
it clear that progress needs to be made on these issues before we can 
move forward on other issues that are important to both of our 
countries, including the issue of trade. Our efforts are aimed at 
bringing about a brighter future in Vietnam where citizens are not in 
prison for the songs they write and where individuals are not arrested 
for carrying books on nonviolent resistance. It's sad, but these remain 
to be the facts of life for the people of Vietnam. In the words of one 
of my constituents, We can make a difference if we come together.

[[Page 13653]]

  Let's start by voting ``yes'' on H.R. 1410 and also on the resolution 
that we will next be talking about, H. Res. 484.
  Ms. ROS-LEHTINEN. I would like to ask Mr. Berman if he has any other 
requests for time.
  Mr. BERMAN. I have no further requests for time. If the gentlelady is 
prepared to close, I am prepared to relinquish my remaining time.
  Mr. Speaker, I urge support for the legislation, and I yield back the 
balance of my time.
  Ms. ROS-LEHTINEN. Mr. Speaker, in closing, our Nation has always 
served as a beacon of hope for all who are oppressed and suffer under 
regimes such as the one in Vietnam, which has shown a blatant disregard 
for fundamental human rights and universal freedoms. We must continue 
to serve as such a beacon. We must not waver in our commitment to 
standing with the oppressed and not with their oppressors. This bill 
serves as an important guidepost in doing that.
  The Vietnam regime continues its oppression. On August 5, they 
arrested about 30 peaceful demonstrators who were protesting China's 
activities in the South China Sea. It included the arrest of an 81-
year-old activist. Also, the threatened trial of three well-known human 
rights bloggers has been further postponed, thus extending their unjust 
legal limbo.
  This human rights legislation is long overdue. It contains a 
provision prohibiting an increase in nonhumanitarian assistance to the 
Government of Vietnam unless certain human rights benchmarks are met. 
Of course, it has a Presidential waiver, but it authorizes the 
President to provide assistance through appropriate nongovernmental 
organizations and the Human Rights Defenders Fund for the support of 
individuals and organizations that are promoting internationally 
recognized human rights in Vietnam. This is an American principle. This 
should be a universal principle of human rights and respect for 
minority rights.
  I hope that our colleagues will join us in passing Mr. Smith's bill. 
The time for it is long overdue. With that, Mr. Speaker, I yield back 
the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I rise today in support 
of H.R. 1410, the Vietnam Human Rights Act. I am an original co-sponsor 
of this legislation, and I thank Mr. Smith for introducing it.
  This bill would prohibit any increase in U.S. non-humanitarian aid to 
Vietnam until significant progress is made with regard to political and 
religious rights for the people of Vietnam, including the release of 
political and religious prisoners, and the repeal or revision of laws 
that criminalize peaceful dissent and otherwise impede democratic 
freedoms.
  The human rights situation in Vietnam is dire, and shows no signs of 
improvement. Reporters Without Borders ranks Vietnam as 172nd of 179 in 
its Press Freedom Index (last in Southeast Asia, and only two spots 
above China) and an article in Foreign Policy magazine recently 
referred to Vietnam as ``the most repressive country in Southeast 
Asia.''
  According to the U.S. Commission on International Religious Freedom's 
(USCIRF) 2012 Annual Report, ``The government of Vietnam continues to 
control all religious communities, restrict and penalize independent 
religious practice severely, and repress individuals and groups viewed 
as challenging its authority . . . The U.S. government should use its 
diplomatic and political resources to advance religious freedom and 
related human rights in Vietnam.''
  I agree. We need to send a message to the Vietnamese government and 
make it clear that we do not condone its repression of free speech and 
democracy. I also want to add that on April 17th, the American 
democracy activist Nguyen Quoc Quan was arrested in Vietnam and remains 
in detention. I urge the Vietnamese government to release Dr. Quan, and 
I urge my colleagues to stand up to the Vietnamese government and 
support this bill.
  Mr. FALEOMAVAEGA. Mr. Speaker, as a Vietnam veteran, I rise in 
opposition to H.R. 1410.
  In 1967, I was deployed to Vietnam and served my country in Nha 
Trang. My brother also served, and has since passed away.
  On the matter of human rights, the U.S. cannot assume the moral high 
ground when it comes to Vietnam. From 1961 to 1971, the U.S. sprayed 
more than 11 million gallons of Agent Orange in Vietnam, subjecting 
millions of innocent civilians to dioxin--a toxic known to be one of 
the deadliest chemicals made by man. Despite the suffering that has 
occurred ever since, there seems to be no real interest on the part of 
the U.S. to clean up the mess we left behind.
  Instead, we spend our time offering up language like this which fails 
to make anything right. While I appreciate that more than 1 million 
Vietnamese-Americans still have strong feelings about the Vietnam War, 
the fact is it is time for us to rebuild our relationship with Vietnam 
just like we did with Germany and Japan after WWII.
  Regrettably, H.R. 1410 has an adverse impact on our efforts. H.R. 
1410 purports to promote the development of freedom and democracy in 
Vietnam but fails in its purpose. As noted by the Congressional 
Research Service, ``the bill could chill the recent warming of 
bilateral political and security ties and could weaken economic 
reformers in ongoing domestic political battles inside Vietnam.''
  Put another way, H.R. 1410 is not in the best interest of the United 
States or the Vietnamese-American community. H.R. 1410 is shortsighted 
in its approach, and contrary to the efforts of the Clinton, Bush, and 
Obama Administrations which have sought to strengthen our partnership 
with Vietnam.
  Long after the Vietnam War, the U.S. is now about the business of 
coordinating a multi-country diplomatic push back against Chinese 
encroachment in the oil-rich and strategically important South China 
Sea. H.R. 1410 is not helpful to our cause.
  In conversations with the Department of State, they share my concerns 
that measures in H.R. 1410 could adversely affect our security 
relationship with Vietnam as well as our ability to work with Vietnam 
on trafficking in persons. H.R. 1410 could also greatly reduce our 
chances of negotiating a roadmap on human rights.
  Moreover, Section 3(a)(2)(G) significantly alters the standard by 
which the Government of Vietnam's efforts to combat Trafficking in 
Persons (TIP) are measured, and restricts non-humanitarian assistance 
to FY2011 levels pending certification in an annual report by the 
President of the United States.
  The Trafficking Victims Protection Act (TVPA) created a set of 
minimum standards to assess a government's efforts to combat 
trafficking in persons (TIP). These standards are based on agreed upon 
international protocols. H.R. 1410 goes beyond the protocols and holds 
the Government of Vietnam to a higher standard.
  By holding the Government of Vietnam to a higher standard that is not 
applicable to any other foreign government, or to the U.S. government's 
own efforts, the Act would have an adverse impact on our ability to 
conduct diplomacy with the Government of Vietnam on improving its anti-
TIP efforts.
  So while Vietnam may have work to do on improving its human rights 
record, we also have work to do. First and foremost, we need to work on 
being fair. We need to work on treating Vietnam the same as we treat 
other foreign governments. Simply put, it is wrong to hold Vietnam to a 
higher standard than the rest of the world.
  Also, let us be clear about the sincere and measurable progress 
Vietnam has made. Let us not cherry-pick bits of truth and put forward 
old data. H.R. 1410 is based on old data--the same data that has been 
put forward over and over again by those who have never served in 
Vietnam or visited Vietnam or met with Vietnam's leaders. After serving 
in Vietnam in 1967, I returned some 40 years later after becoming 
Chairman of the Subcommittee on Asia and the Pacific. All I can say is 
the Vietnam I fought against is not the Vietnam I know today.
  So, I encourage my colleagues to re-think Vietnam and pursue a path 
of cooperation that does not undermine the progress we are making. I 
also ask that the Embassy of Vietnam's statement and the following 
excerpts from the State Department's International Religious Freedom 
Report 2010 be made part of the Record.
  The Report notes, ``respect for religious freedom and practice 
improved in some regards,'' and that ``the government took further 
steps to implement its 2004 Ordinance on Religion and Belief and 
supplemental decrees on religious policy issued in 2005.'' The report 
also recognizes that the Vietnamese ``government also facilitated 
construction of new churches, prayer houses, pagodas, and training 
facilities for furthering the education of thousands of monks, priests, 
nuns, and pastors'' permitting ``the expansion of religious 
organizations' charitable activities.''
  The Report also made note of the meeting between President Nguyen 
Minh Triet and Pope Benedict XVI at the Vatican. ``Vietnam and the Holy 
See agreed to a Vatican appointment of a non-resident Representative 
for Vietnam as a first step toward the establishment of full diplomatic 
relations.'' The report

[[Page 13654]]

also states that ``new congregations were registered in many of the 64 
provinces, and one new religious group and two Protestant denominations 
received national registration or recognition.''
  ``The Catholic Church, Protestant congregations, and other smaller 
religious groups reported that their ability to gather and worship 
generally improved and that the government allowed registered religious 
groups to assign new clergy with limited restrictions. The government 
also permitted the Buddhist, Catholic, Cao Dai, Hoa Hao, and Protestant 
faiths to hold several historic large-scale religious services 
throughout the country, some with over 100,000 participants.''
  The State Department also confirmed the Vietnam's Government 
assertion that ``some ethnic minorities in the Central Highlands were 
operating a self-styled ``Dega Church,'' which reportedly mixed 
religious practice with political activism and called for ``ethnic 
minority separatism.'' Regarding the Con Dau incident, the report notes 
that the arrested six Catholic parishioners ``reportedly started a 
physical altercation with police.''
  In light of these facts and many more, it is my hope that the U.S. 
Senate will disregard H.R. 1410 and put forward an approach that allows 
us to strengthen our economic and security ties with Vietnam while 
negotiating a roadmap on human rights that is based on accurate 
information--not on misinformation intended to topple Vietnam's current 
government.
  In the U.S. House of Representatives, I hope that the advocates of 
H.R. 1410--if they are truly sincere about human rights--will apply 
their efforts to assisting Vietnam with Agent Orange clean-up because 
the mess we left behind is a serious violation of human rights that 
needs to be corrected once and for all.


                Embassy of Vietnam to the United States

                    On religious freedom in Viet Nam

  Viet Nam is a country of many faiths, with the presence of major 
world religions including Buddhism, Catholicism, Protestantism and 
Islam. It has the second largest Catholic community in Southeast Asia. 
Approximately 80 percent of the population are religious or spiritual 
believers. Of these, 22.3 million are followers of one religion or 
another, constituting one fifth of the population. There are 25,000 
places of worship in Vietnam.
  The government of Viet Nam pursues a consistent policy of respecting 
religious freedom and facilitating the practice of religion and faith 
by all citizens. Viet Nam attaches importance to the policy of 
religious solidarity and concord, ensuring equality and non-
discrimination for all religions. Religious activities are protected by 
law but the abuse of religion to provoke hatred, division and conflict 
which threatens national security and stability is strictly prohibited.
  Religious freedom and protection of religious freedom are provided 
for in Viet Nam's laws including the 1992 Constitution (Article 70), 
the Civil Code (Article 47), the 1999 Penal Code (Article 129), the 
Ordinance on Religion and Belief (``the Ordinance'') and Decree 22/
2005/ND-CP dated 1st March, 2005 providing for implementation of the 
Ordinance.
  Since the issuance of the Ordinance, religious freedom has been 
reinforced throughout the country. Religious life in Viet Nam has seen 
strong vitality in recent years, thus contributing significantly to 
national development. There are now 4 Buddhist institutes, 32 
intermediate Buddhist schools, hundreds of elementary Buddhist courses, 
6 Catholic Seminaries and one Protestant Institute of Bible and 
Theology in Viet Nam. Thousands of religious dignitaries are trained in 
those schools each year, of which 1,177 are engaging in governance, 
working as delegates in the National Assembly or People's Councils. The 
Evangelical Church of Viet Nam has organized theological courses. A 
series of religious websites are being operated by the Viet Nam 
Bishops' Council and the Spiritual Council of the Baha'i Community of 
Viet Nam. Places of worship have been built throughout the country with 
the government's sponsorship. These include the construction of the 
Khmer Theravada Buddhist University in Can Tho province and the 
expansion of the La Vang Parish in Quang Tri province.
  Religious activities in Viet Nam are in full swing now. The 2,555th 
Buddhist Vesak Day was observed in many provinces. In May, 2011, a 
Vietnamese delegation participated in the United Nations' Vesak Day in 
Thailand. The Catholic Church's Jubilee Year in 2011 was prominently 
celebrated and its closing ceremony was attended by 1,000 priests, 
2,000 clergies and 500,000 parishioners. The celebration was honoured 
by the presence of Cardinal Ivan Dias, Head of the Vatican's Missionary 
Department, Special Envoy of Pope Benedict XVI.
  The year 2011 also marked the 100th anniversary of Protestantism in 
Viet Nam. Big celebrations were held in Ha Noi, Da Nang and Ho Chi Minh 
City, attended by Protestants from all provinces and cities.
  Local authorities have made important contributions to these 
achievements of Vietnamese religious communities. However, progress has 
been slower in certain more distant areas of Vietnam due to poverty, 
low level of socio-economic development and geographical disadvantages. 
This is particularly true in mountainous and border provinces. In 
addition, the educational level and training of some local officials 
have been limited, making it more difficult for them to full realize 
our policy.


        Recognition and registration of religious organisations

  The registration of religious activities and the recognition of the 
legal entity of new religious organisations are the basis for religious 
organisations and congregations to be protected by law, rather than an 
administrative measure to hinder religious freedom and belief. 
Eligibility for legal recognition of a religious organization or 
congregation is clearly stipulated in the 2004 Ordinance on Religion 
and Belief.
  To date, the State has recognized 18 religious organisations 
representing 9 religions, of which 6 are new ones. These include 
Baha'i, Tu An Hieu Nghia (Four Debts of Gratitude), Buu Son Ky Huong, 
The Pure Land Buddhist Home-Practice Association, Minh Su and Minh Ly. 
Seven other Protestant denominations also achieved recognition, 
bringing the total number of recognized religious organisations in Viet 
Nam up to 34. Prior to the introduction of the Ordinance, only 16 
organisations representing 6 religions were recognized by our 
government.
  Registration of Protestant groups has shown a particular increase: 
Upon the issuance and implementation of the Ordinance on Religion 
(2004) and Directive No. 01 on Protestantism, Protestantism has grown 
exponentially in Viet Nam in terms of the number of followers, 
congregations as well as the diversity of worship practices. In 2011, 
the number of Protestants in Viet Nam was roughly 1.17 million people, 
of which 110 thousand lived in the northwest region of Viet Nam, 360 
thousand in the Central Highlands, and the remaining 700 thousand 
throughout the country. The number of registered places of worship has 
increased to over 1,700 groups and congregations (in the northwest: 258 
groups, in the Central Highlands: 1,284 groups and 189 congregations). 
The government has organized 8 conferences to do outreach about our 
policies and laws concerning Protestantism to 1,600 participants who 
are the leaders of places of worship.

           PROTESTANT REGISTRATION DATA (AS OF DECEMBER 2011)
------------------------------------------------------------------------
                                            2009       2010       2011
------------------------------------------------------------------------
Central Highlands
    1. Number of congregations of the          164        178        189
     General Confederation of
     Evangelical Churches of Vietnam
     (Southern) and United World
     Mission...........................
    2. Land right and church building           50         60         80
     licenses (including church and
     land).............................
    3. Number of groups registered.....  .........       1210       1284
    4. Appointments of pastors.........        325        336         NA
North West
    1. Number of groups registered.....        208        247        258
------------------------------------------------------------------------

  The registration of Protestant groups in the northwest region is 
making slow progress mainly due to socio-economic conditions in the 
local areas, which are the most disadvantaged regions in the country, 
with treacherous terrain, frequent natural disasters, and local social 
practices which hamper development. During the past period, the 
government of Viet Nam has invested in many projects and programs to 
promote economic, cultural and educational development in these 
regions. However, many difficulties remain in these regions. In 
addition, cultural conflicts between Protestantism and communities 
affiliated to other religions and faiths in this area need some time to 
be resolved.
  In the near future, related ministries, agencies and localities will 
coordinate with each other to promote religious expression and ensure 
effective implementation of the Ordinance on Religion and the Prime 
Minister's Directive 01 on Evangelicalism in these regions.
  Publication of the Bible in Latin--H'Mong language: The government 
has always paid attention to and facilitated the religious activities 
of national minority followers, including the publication of bilingual 
Bibles: Viet--Bahnar, Viet--Ede, Viet--Jarai. For the Bible in the 
H'Mong language, there are two types of H'Mong script, of which the 
traditional script has been stipulated by law as the sole script 
allowed in publications. Thus, the publishing the Bible in the H'Mong 
script will require resolution of this legal issue, as well as the 
consideration of a professional board from the Ministry of Education. 
Relevant Vietnamese

[[Page 13655]]

agencies will continue to work together to expedite this project.


            Resolution of land issues relating to religions

  The right to ownership of land is clearly stipulated in the 
Constitution and other laws of Viet Nam. The land belongs to the whole 
people. The State represents this ownership right and exercises unified 
management over the land. Thus, in Viet Nam, there is no private 
ownership of land. The State acts as the representative of the people 
in arranging and managing land use according to the legitimate needs of 
individuals and organisations.
  The issue of land in Viet Nam is very complex since the country has 
experienced many ordeals stemming from history. Resolution No. 2312003/
QH11 of the National Assembly, dated November 26th 2003 affirms: ``The 
State does not recognize any claims to take back lands that have been 
managed and put into use by the State. Thus, claims to take back lands, 
including lands which may have been historically used for religious 
practices, are not consistent with our law.
  For religion-related lands which are now are being managed or 
allocated by State to the agencies/organisations, the latter must use 
the lands in full conformity with stipulated purpose and in an 
effective manner in order not to have any negative impact on the 
feelings of religious followers (Directive No. 1940/CT-TTg of the Prime 
Minister dated December 31st, 2008).
  In the event that religious organisations have legitimate need for 
additional land or housing for religious purposes, the government may 
consider allocating appropriate areas for them. The consideration of 
land allocation for religious organisations must comply with the law 
and regulations.
  Recently, the government has allocated large areas of land for 
religious organisations to use for religious purposes. For instance, Ho 
Chi Minh City has allocated over 10,000 m\2\ to the Southern 
Evangelical Church of Vietnam for construction of the Evangelical 
Institute for Bible and Theology. Similarly, Dak Lak province allocated 
over 11,000 m\2\ for the construction of the Archbishopric of Buon Ma 
Thuot. Da Nang City also allocated over 9,000 m\2\ for the Da Nang 
Archbishopric. Quang Tri province re-allocated 20 hectares of the 
Shrine of the Lady of La Vang to the La Vang Parish. Likewise, Ha Noi 
City has recently allocated land for the Viet Nam Buddhist Association 
to build a Buddhism University.


           Religious organisations and charitable activities

  The government pursues a policy of facilitating and encouraging 
religious organisations' participation in philanthropic works in 
accordance with the law (Article 33 of the Ordinance on Religion). Many 
religious organisations in Viet Nam are very active in social and 
charitable activities such as free medical checkup and medical 
treatment, care for children in particularly difficult circumstances, 
and people living with HIV. Many religious officials have taken part in 
fundraising campaigns for natural disaster relief.
  There are more than 80 religion-related international NGOs in Viet 
Nam.


        Ensuring equality and non-discrimination among religions

  Vietnamese law provides that ``all religions are equal before the 
law.'' Missionary activities of religious groups are carried out 
customarily, according to Vietnamese law, without any discrimination.
  The policy and law of Viet Nam guarantees equality among all citizens 
as a principle, regardless of their sex, religion, race or age. All 
citizens have the right to nominate themselves and, if elected, 
participate in the administration and leadership of society. In fact, a 
number of the current members of the National Assembly are 
representatives from different religions (19 religious followers and 
officials were nominated for the 13th National Assembly, 8 of whom were 
elected, 2 more than the 12th National Assembly). Many religious 
followers and officials are now members of the Viet Nam Fatherland 
Front or hold leadership positions in the government at every level.


          The handling of cases involving religious believers

  Vietnamese law clearly states that no person may be arrested, 
imprisoned or sanctioned in any manner because of their exercise of 
their religious or spiritual beliefs. However, as in every country, 
those who commit crimes that violate the law cannot hide behind their 
religious affiliation to avoid the legal process. Those individuals are 
not subject to litigation because of their religious affiliation but 
because of their violation of the law that every Vietnamese citizen is 
expected to abide by. Their cases are handled in accordance with 
Vietnamese law in a country which follows the rule of law.
  Below is some information on some specific cases:
  Nguyen Van Ly: On March 30, 2007, the People's Court of Thua Thien 
Hue province sentenced Nguyen Van Ly to 8 years of imprisonment and 5 
years of probation (according to Article 88 of the Penal Code). While 
serving his sentence, Nguyen Van Ly was put in a separate cell with 
access to TV, newspapers, religious materials, and provided with 
nutritious food and healthcare. His family and representatives of the 
Hue Archbishopric and Ambassadors of the U.S., Canada and the U.S. 
Commission on International Religious Freedom were allowed to visit 
him.
  In March 2010, due to the condition of Nguyen Van Ly and our 
humanitarian approach, his imprisonment was suspended for 12 months 
starting on March 15, 2010. During the suspension, Ly continued to 
conduct provocative activities violating the law and disturbing order 
in his hometown. After that period, health improved and Nguyen Van Ly 
and his family did not file a request for further suspension. Thus, on 
July 25, 2011, he was sent back to prison to continue serving his 
sentence in accordance with Viet Nam's law on execution of court 
judgements.
  After his return to prison, his sister Nguyen Thi Hieu, his nephew 
Nguyen Cong Hoang and representatives of the U.S., Canadian and 
Australian Embassies have visited him at Nam Ha prison. At this moment, 
his health is stable and he is living in good conditions and receiving 
the same treatment as other inmates, according to Vietnamese law.
  Thich Quang Do: During the movement for the unification of Vietnamese 
Buddhism in 1981, while all other Buddhist organisations and 
denominations in the country came together in common purpose, the An 
Quang sect under the Viet Nam Unified Buddhist Church led by Thich 
Huyen Quang and Thich Quang Do failed to reach an agreement with other 
Buddhists.
  In following years, Thich Huyen Quang and Thich Quang Do continued to 
act against the government by organizing their followers in an attempt 
to restore the Viet Nam Unified Buddhist Church. Thich Quang Do's 
activities have been supported by the Viet Nam Unified Buddhist groups 
in exile, who designated him as the Head of the ``Institute for the 
Dissemination of the Dharma''. Worse than that, Thich Quang Do and the 
so-called ``Viet Nam Unified Buddhist Church'' do not cease to distort 
the policies of the State of Viet Nam and continue to engage in 
provocative acts to undermine national unity and religious solidarity.
  Thai Ha: In November 2011, some extremist clergymen from the Christ's 
Redemption branch of Thai Ha Parish took advantage of a land dispute to 
spread false and malicious slander against the government and incite 
people to gather, riot and trespassed in order to try to illegally take 
over the land. However the local authorities have been in full 
compliance with the law in designating the land for the construction of 
a drainage system for Dong Da Hospital in order to protect and keep the 
environment clean.
  In early December 2011, some followers and priests of the Thai Ha 
Parish gathered in front of the Ha Noi People's Committee to submit a 
petition. They were sent to the place designated for submitting 
petitions and returned home that same day. However, some people falsely 
characterized and distorted what happened, claiming that the government 
suppressed and detained the petitioners. At present, the land-related 
petition of the Thai Ha Parish is being handled by the responsible 
agency according to the law.
  Muong Nhe: In late April and early May 2011, in the Muong Nhe 
district of Dien Bien province, some H'Mong extremists deceived, 
incited, displaced and even forced a number of H'Mong people from 
several localities to move to some villages in the Muong Nhe district 
of Dien Bien province. The extremists then called for the establishment 
of a H'Mong kingdom, to secede from Viet Nam Attempting to foment 
secession from the Vietnamese nation violates Vietnam's law and causes 
other threats to law and order. The actions of these extremists also 
negatively affected the people's lives and livelihood. Due to the bad 
weather and bad living conditions at the place where the extremists 
took people, some got sick and one child died.
  After the bad experiences suffered by those tricked into following 
the extremists, the authorities and people's mass organisations in 
Muong Nhe district were easily able to explain to people how they were 
misled by the unscrupulous secessionists. The people returned home 
voluntarily, with local authorities providing them with transportation, 
food, medication and financial support to help in their resettlement. 
Only the extremists who broke the law were detained. Those who failed 
to ignite a split among our people have now spread false and malicious 
rumours about fighting between the army and demonstrators claiming 
`many are wounded and dead'. Nothing could be further from the truth. 
Now that the people

[[Page 13656]]

are back in their homes, peace and order has been restored.
  In spite of economic difficulties, the Vietnamese government always 
cares about and supports people in mountainous and remote areas, 
including the H'Mong people. The government goes to great lengths to 
help stabilise their lives through socio-economic development 
programmes and poverty reduction projects as well as promoting their 
indigenous cultures and languages. In future, the Vietnamese government 
will continue to promote and fund programmes in housing, healthcare, 
education and development of production and infrastructure.
  Viet Nam has facilitated the travel of foreign press, foreign 
diplomatic missions (including the U.S. Embassy, EU Delegation and 
Norwegian embassy) and international media to Muong Nhe to cover the 
news and learn about the reality there.
  Cau Ram Parish: The current Cua Nam garden in Cua Nam ward of Vinh 
City was formerly the old Cau Ram church. This church was completely 
destroyed by U.S. bombing. At that time, the authorities of Nghe An 
allowed Cau Ram parish to build a new church on another plot of land, 
where the church still stands today. The former site of the church was 
allocated by the Nghe An People's Committee to the Vinh City People's 
Committee for the development of a public garden to provide 8 green 
space to city residents. Since the Cau Ram parish received land for its 
church to replace the site that was destroyed by U.S. bombs and its 
former site is now zoned for use as a public park, the request for the 
return of the former site is groundless.
  Local authorities have handled the Cau Ram parish's and parishioners' 
request in accordance with the law. The Nghe An People's Committee sent 
an official note to the officials in charge of the Vinh diocese and Cau 
Ram parish responding to the proposal made by the Cau Ram parish, 
making clear the government's policy regarding use of public lands. 
Public opinion also supports the use of the land as a garden. The 
People's Committee collected public opinion in the newspapers regarding 
the location for a Martyrs' Memorial, and propose Cua Nam garden as one 
of 5 possible locations. However, the Nghe An People's Committee did 
not selected Cua Nam Garden as the place to build the Martyrs' Memorial
  On August 17, 2011, the Cau Ram parish held a meeting to sum up its 
theological works and reward young parishioners. They then made a 
procession from Cau Ram church to Yen Dai Parish to attend a mass for 
the Blessed Virgin. As the procession went on, some parishioners 
violated traffic rules, causing public disorder. Following the mass, 
parishioners dispersed voluntarily. There was no such thing as building 
the Martyrs' Memorial as given in some news. No one was arrested or 
detained.
  Con Dau: In Con Dau an urban planning project was implemented--a 
project that had been announced in advance and discussed with the 
public and was supported by most households, both religious and non-
religious, in the area. To assure harmony, Catholic households who lost 
land due to eminent domain were given increased compensation by the Da 
Nang authorities. Despite the fact that this project was carried out in 
accordance with all laws and regulations, some persons with malicious 
intentions took advantage of a Christian funeral to incite people and 
cause chaos, cynically attempting to turn a sacred religious ceremony 
into a place to vent their hostility.
  Ky Dong: In the past, the Redemptorist Church donated the house at 
No. 8 Ba Huyen Thanh Quan Street, which was just in front the house at 
No. 38 Ky Dong, District 3, Ho Chi Minh City, to the government to turn 
it into a school. Now the school has been renovated and has become 
`Pre-school No. 9'. The Redemptorist Church would like to now change 
its mind and has asked for the building back. However, as the transfer 
was voluntary and accomplished in accordance with Vietnamese law and 
the building is now properly being used as a school for the education 
of the children of the district, the church has no legal or other claim 
as to the site.


                               Conclusion

  Vietnam is a diverse country of many nationalities, cultures and 
religions. We treasure this diversity, including the many religions and 
faiths that arise from our history and shape our future. In recent 
years, our laws have developed in parallel with our commitment to 
freedom of religious expression and worship. As is the case with every 
country, not every law is always perfectly applied in practice in every 
instance. However Viet Nam aspires and is working to apply our laws in 
keeping with our policy of guaranteeing religious rights to our people.
  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 pass the bill, H.R. 1410, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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