S 3678 ISCommentsClose CommentsPermalink

To promote freedom, human rights, and the rule of law in Vietnam.CommentsClose CommentsPermalink

October 1 (legislative day, September 17), 2008CommentsClose CommentsPermalink

Mrs. BOXER introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsCommentsClose CommentsPermalink

To promote freedom, human rights, and the rule of law in Vietnam.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Vietnam Human Rights Act of 2008’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings.CommentsClose CommentsPermalink





Sec. 3. Purpose.CommentsClose CommentsPermalink

TITLE I--PROHIBITION ON INCREASED NONHUMANITARIAN ASSISTANCE TO VIETNAM

Sec. 101. Bilateral nonhumanitarian assistance.CommentsClose CommentsPermalink

TITLE II--PROHIBITION ON GENERALIZED SYSTEM OF PREFERENCES AUTHORITY FOR VIETNAM

Sec. 201. Prohibition on generalized system of preferences.CommentsClose CommentsPermalink

TITLE III--ASSISTANCE TO SUPPORT FREEDOM, HUMAN RIGHTS, AND THE RULE OF LAW IN VIETNAM

Sec. 301. Assistance.CommentsClose CommentsPermalink

TITLE IV--UNITED STATES PUBLIC DIPLOMACY

Sec. 401. Sense of Congress on diplomacy with the Government of Vietnam.CommentsClose CommentsPermalink





Sec. 402. Radio Free Asia transmissions to Vietnam.CommentsClose CommentsPermalink





Sec. 403. United States educational and cultural exchange programs with Vietnam.CommentsClose CommentsPermalink

TITLE V--UNITED STATES REFUGEE POLICY

Sec. 501. Refugee resettlement for nationals of Vietnam.CommentsClose CommentsPermalink

TITLE VI--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM, HUMAN RIGHTS, AND THE RULE OF LAW IN VIETNAM

Sec. 601. Annual report.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

The Senate finds the following:CommentsClose CommentsPermalink





(1) The bilateral relationship between the United States and the Socialist Republic of Vietnam has grown exponentially during the past 12 years, with more than $12,000,000,000 in trade between the United States and Vietnam in 2007.CommentsClose CommentsPermalink





(2) The Government of Vietnam’s transition toward greater economic freedom and trade has not been matched by comparable improvements in basic human rights for Vietnamese citizens, including freedom of expression, information, association, assembly, and religion.CommentsClose CommentsPermalink





(3) Despite assurances that Vietnam’s accession to the World Trade Organization would be met with greater respect for human rights, the Government of Vietnam has continued to strictly regulate some religious practices and to imprison an undetermined number of individuals for their peaceful advocacy of political views or religious beliefs.CommentsClose CommentsPermalink





(4) Since Vietnam’s accession to the World Trade Organization on January 11, 2007, the Communist Party of Vietnam has moved to suppress perceived challenges to its rule by arresting dozens of democracy and human rights activists, independent trade union leaders, underground publishers, journalists, bloggers, members of ethnic minorities, and unsanctioned religious groups.CommentsClose CommentsPermalink





(5) 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.CommentsClose CommentsPermalink





(6) According to the 2008 Annual Report of the United States Commission on International Religious Freedom, ‘Vietnam’s overall human rights record remains very poor and in fact has deteriorated since [January 2007] . . . More than 30 legal and political reform advocates, free speech activists, labor unionists, and independent religious leaders and religious freedom advocates were arrested in 2007, placed under home detention or surveillance, threatened, intimidated, and/or harassed.’.CommentsClose CommentsPermalink





(7) The continued expansion of the relationship between the Government of Vietnam and the Government of the United States should be matched by significant improvement in human rights for Vietnamese citizens, particularly those enshrined in the International Covenant on Civil and Political Rights, of which Vietnam is a signatory.CommentsClose CommentsPermalink

SEC. 3. PURPOSE.

The purpose of this Act is to promote the development of freedom, human rights, and the rule of law in Vietnam.CommentsClose CommentsPermalink

TITLE I--PROHIBITION ON INCREASED NONHUMANITARIAN ASSISTANCE TO VIETNAMCommentsClose CommentsPermalink

SEC. 101. BILATERAL NONHUMANITARIAN ASSISTANCE.

(a) Assistance-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided under subsection (b), the Federal Government may not provide the Government of Vietnam with nonhumanitarian development, trade, economic, and security assistance during any fiscal year that exceeds the amount of such assistance provided during fiscal year 2008 unless--CommentsClose CommentsPermalink





(A) the Federal Government provides assistance, in addition to the assistance authorized under section 301(c), 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 (referred to in this section as ‘additional human rights programming’) at levels commensurate with, or exceeding, any increases in nonhumanitarian development, trade, economic, and security assistance programming to Vietnam;CommentsClose CommentsPermalink





(B) with respect to the limitation for fiscal year 2009, the President determines and certifies to Congress, not later than 30 days after the date of the enactment of this Act, that the requirements under subparagraphs (A) through (F) of paragraph (2) have been met during the 12-month period ending on the date of the certification; andCommentsClose CommentsPermalink





(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 501, that the requirements under subparagraphs (A) through (F) of paragraph (2) have been met during the 12-month period covered by the report.CommentsClose CommentsPermalink





(2) REQUIREMENTS- The requirements of this paragraph are met if--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(B) the Government of Vietnam has made substantial progress toward--CommentsClose CommentsPermalink





(i) respecting the right to the freedom of expression, assembly, and association, including the release of independent journalists, bloggers, democracy, and labor activists;CommentsClose CommentsPermalink





(ii) 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;CommentsClose CommentsPermalink





(iii) respecting the right to the freedom of religion, including the right to participate in religious activities and institutions without inference, harassment, or involvement of the Government, for all of Vietnam’s diverse religious communities, including the Unified Buddhist Church of Vietnam, Catholics, Protestants, Hoa Hao Buddhism, CaoDai, Khmer Buddhists, and other religious communities; andCommentsClose CommentsPermalink





(iv) returning estates and properties confiscated from Vietnam’s religious communities;CommentsClose CommentsPermalink





(C) the Government of Vietnam has made substantial progress toward allowing Vietnamese nationals free and open access to United States refugee programs;CommentsClose CommentsPermalink





(D) the Government of Vietnam has made substantial progress toward granting its citizens the right to travel outside Vietnam without significant restriction;CommentsClose CommentsPermalink





(E) the Government of Vietnam has made substantial progress toward protecting the human rights, language, culture, land rights, and religion of all ethnic and minority groups; andCommentsClose CommentsPermalink





(F)(i) no official of the Government of Vietnam and no agency or entity wholly or partly owned by the Government of Vietnam was complicit in a severe form of trafficking in persons; orCommentsClose CommentsPermalink





(ii) the Government of Vietnam took all appropriate steps to end any such complicity and hold any official, agency, or entity responsible for such complicity fully accountable for such conduct.CommentsClose CommentsPermalink





(b) Exception-CommentsClose CommentsPermalink





(1) CONTINUATION OF ASSISTANCE IN THE NATIONAL INTEREST- If the Government of Vietnam fails to meet the requirements under subsection (a)(2), the President may waive the application of subsection (a) for any fiscal year if the President determines that increased nonhumanitarian assistance to the Government of Vietnam--CommentsClose CommentsPermalink





(A) would promote the purposes of this Act; orCommentsClose CommentsPermalink





(B) is otherwise in the national interest of the United States.CommentsClose CommentsPermalink





(2) EXERCISE OF WAIVER AUTHORITY- The President may exercise the authority under paragraph (1) with respect to--CommentsClose CommentsPermalink





(A) all United States nonhumanitarian assistance to Vietnam; orCommentsClose CommentsPermalink





(B) 1 or more programs, projects, or activities of such assistance.CommentsClose CommentsPermalink





(c) Definitions- In this section:CommentsClose CommentsPermalink





(1) SEVERE FORMS OF TRAFFICKING IN PERSONS- The term ‘severe forms of trafficking in persons’ has the meaning given the term 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)).CommentsClose CommentsPermalink





(2) UNITED STATES NONHUMANITARIAN ASSISTANCE- The term ‘United States nonhumanitarian assistance’ means--CommentsClose CommentsPermalink





(A) any assistance authorized under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), including programs under title IV of chapter 2 of part I of such Act relating to the Overseas Private Investment Corporation, except for--CommentsClose CommentsPermalink





(i) disaster relief assistance, including any assistance under chapter 9 of part I of such Act;CommentsClose CommentsPermalink





(ii) assistance which involves the provision of food (including monetization of food), health care, or medicine;CommentsClose CommentsPermalink





(iii) assistance for refugees; andCommentsClose CommentsPermalink





(iv) assistance to combat HIV/AIDS, including any assistance under section 104A of such Act; andCommentsClose CommentsPermalink





(B) sales, or financing on any terms, authorized under the Arms Export Control Act (22 U.S.C. 2751 et seq.).CommentsClose CommentsPermalink

TITLE II--PROHIBITION ON GENERALIZED SYSTEM OF PREFERENCES AUTHORITY FOR VIETNAMCommentsClose CommentsPermalink

SEC. 201. PROHIBITION ON GENERALIZED SYSTEM OF PREFERENCES.

The President may not provide duty-free treatment for eligible articles from Vietnam under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) until the President determines and certifies to Congress that the Government of Vietnam--CommentsClose CommentsPermalink





(1) fully protects the freedom of association, in law and in practice; andCommentsClose CommentsPermalink





(2) does not engage in or condone serious violations of the rights of workers, including the detention, harassment, or arrest of labor activists or individuals who write, speak, or otherwise disseminate information relating to labor rights.CommentsClose CommentsPermalink

TITLE III--ASSISTANCE TO SUPPORT FREEDOM, HUMAN RIGHTS, AND THE RULE OF LAW IN VIETNAMCommentsClose CommentsPermalink

SEC. 301. ASSISTANCE.

(a) In General- The President is authorized to provide assistance, through appropriate nongovernmental organizations and the Human Rights Defenders Fund, for the support of individuals and organizations to promote internationally recognized human rights in Vietnam.CommentsClose CommentsPermalink





(b) Limitation- Financial assistance authorized under this section may only be provided to an individual, organization, or entity that officially opposes the use of violence and terrorism.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There are authorized to be appropriated to the President--CommentsClose CommentsPermalink





(1) $2,000,000 for each of the fiscal years 2009 and 2010; andCommentsClose CommentsPermalink





(2) any additional amounts that may be needed to carry out the provisions described in section 101(a)(1)(A).CommentsClose CommentsPermalink

TITLE IV--UNITED STATES PUBLIC DIPLOMACYCommentsClose CommentsPermalink

SEC. 401. SENSE OF CONGRESS ON DIPLOMACY WITH THE GOVERNMENT OF VIETNAM.

(a) In General- It is the sense of Congress that in diplomatic discussions with the Government of Vietnam, including at the United States-Vietnam Human Rights Dialogue and other strategic dialogues in which officials of the Department of State participates or initiates with representatives of the Government of Vietnam, that such officials shall seek substantial progress by the Government of Vietnam toward--CommentsClose CommentsPermalink





(1) releasing all those detained or restricted by the Government of Vietnam because of the expression of their views or the practice of their faith;CommentsClose CommentsPermalink





(2) fully respecting the right to freedom of religion and the right of all religious groups and adherents, including those choosing not to join or affiliate with government-organized oversight committees, to--CommentsClose CommentsPermalink





(A) legally operate without government restrictions; andCommentsClose CommentsPermalink





(B) participate in religious activities and institutions without interference by, or the involvement of, the Government of Vietnam;CommentsClose CommentsPermalink





(3) returning all estates and properties confiscated by the Government of Vietnam from churches and religious institutions in Vietnam;CommentsClose CommentsPermalink





(4) allowing Vietnamese nationals free and open access to United States refugee programs;CommentsClose CommentsPermalink





(5) respecting the human rights of members of all ethnic minority groups, including--CommentsClose CommentsPermalink





(A) language instruction;CommentsClose CommentsPermalink





(B) cultural preservation;CommentsClose CommentsPermalink





(C) religious freedom;CommentsClose CommentsPermalink





(D) land rights; andCommentsClose CommentsPermalink





(E) the freedom of assembly;CommentsClose CommentsPermalink





(6) respecting the freedom of association, including--CommentsClose CommentsPermalink





(A) protecting the rights of independent labor activists;CommentsClose CommentsPermalink





(B) removing prohibitions on workers forming or joining independent labor unions; andCommentsClose CommentsPermalink





(C) not engaging in or condoning serious violations of the rights of workers;CommentsClose CommentsPermalink





(7) respecting the freedom of expression, including--CommentsClose CommentsPermalink





(A) repealing or revising laws, decrees, and ordinances that limit such freedom;CommentsClose CommentsPermalink





(B) authorizing the publication of independent, privately-run newspapers and magazines;CommentsClose CommentsPermalink





(C) removing filtering, surveillance, and other restrictions on internet usage; andCommentsClose CommentsPermalink





(D) respecting the right to peaceful dissemination of opinions and views over the Internet;CommentsClose CommentsPermalink





(8) revising laws, ordinances, and decrees that contradict the standards of the International Covenant on Civil and Political Rights, including--CommentsClose CommentsPermalink





(A) protections for the freedom of expression, freedom of assembly, freedom of association, and the freedom of religion; andCommentsClose CommentsPermalink





(B) the right to legal representation and a fair trial;CommentsClose CommentsPermalink





(9) repealing provisions in Vietnamese law that criminalize peaceful dissent, independent media, unsanctioned religious activity, and non-violent demonstrations and rallies, including--CommentsClose CommentsPermalink





(A) vague national security provisions in Vietnam’s Criminal Code, such as article 80 (spying), article 87 (undermining the unity policy), article 88 (anti-government propaganda), article 89 (disrupting security), article 245 (causing public disorder), and article 258 (abusing democratic rights to infringe upon national interests); andCommentsClose CommentsPermalink





(B) Ordinance 44, which authorizes the involuntary commitment of persons deemed to have violated national security laws to social protection centers, rehabilitation camps, or mental institutions without judicial process; andCommentsClose CommentsPermalink





(10) ensuring that the Government of Vietnam--CommentsClose CommentsPermalink





(A) hold government officials, agencies, and entities that violate the human rights of persons in Vietnam accountable under the law; andCommentsClose CommentsPermalink





(B) provide appropriate measures to investigate, discipline, and punish such officials, agencies, and entities.CommentsClose CommentsPermalink





(b) Consultation Required- The Secretary of State shall develop strategies for reaching the objectives described in subsection (a) through consultation with--CommentsClose CommentsPermalink





(1) Vietnamese-American groups;CommentsClose CommentsPermalink





(2) representatives from the Khmer, Montagnard, and Hmong communities;CommentsClose CommentsPermalink





(3) human rights organizations, including international human rights organizations; andCommentsClose CommentsPermalink





(4) the United States Commission on International Religious Freedom.CommentsClose CommentsPermalink

SEC. 402. RADIO FREE ASIA TRANSMISSIONS TO VIETNAM.

(a) Policy of the United States- It is the policy of the United States to take such measures as may be necessary to overcome the jamming of Radio Free Asia by the Government of Vietnam.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- In addition to such amounts as are otherwise authorized to be appropriated for the Broadcasting Board of Governors, there are authorized to be appropriated to carry out the policy described in subsection (a)--CommentsClose CommentsPermalink





(1) $9,100,000 for fiscal year 2009; andCommentsClose CommentsPermalink





(2) $1,100,000 for fiscal year 2010.CommentsClose CommentsPermalink

SEC. 403. UNITED STATES EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS WITH VIETNAM.

It is the policy of the United States that programs of educational and cultural exchange with Vietnam should actively promote progress toward freedom in Vietnam by--CommentsClose CommentsPermalink





(1) providing opportunities to Vietnamese nationals from a wide range of occupations and perspectives to see freedom, human rights, and the rule of law in action; andCommentsClose CommentsPermalink





(2) ensuring that Vietnamese nationals who have already demonstrated a commitment to such values are included in such programs.CommentsClose CommentsPermalink

TITLE V--UNITED STATES REFUGEE POLICYCommentsClose CommentsPermalink

SEC. 501. REFUGEE RESETTLEMENT FOR NATIONALS OF VIETNAM.

(a) Policy of the United States- It is the policy of the United States to offer refugee resettlement to nationals of Vietnam (including members of the Montagnard ethnic minority groups) who were eligible for the Humanitarian Resettlement Program, the Orderly Departure Program, Resettlement Opportunities for Vietnamese Returnees Program, the Amerasian Homecoming Act of 1988, or any other United States refugee program and who were deemed ineligible due to administrative error or who for reasons beyond the control of such individuals (including insufficient or contradictory information or the inability to pay bribes demanded by officials of the Government of Vietnam) were unable or failed to apply for such programs in compliance with deadlines imposed by the Department of State.CommentsClose CommentsPermalink





(b) Authorized Activities- Of the amounts authorized to be appropriated to the Department of State for Migration and Refugee Assistance for each of the fiscal years 2009, 2010, and 2011, such sums as may be necessary shall be made available for the protection (including resettlement, as appropriate) of Vietnamese refugees and asylum seekers, including Montagnards in Cambodia.CommentsClose CommentsPermalink

TITLE VI--ANNUAL REPORT ON PROGRESS TOWARD FREEDOM, HUMAN RIGHTS, AND THE RULE OF LAW IN VIETNAMCommentsClose CommentsPermalink

SEC. 601. 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 a report to Congress that contains--CommentsClose CommentsPermalink





(1) a description of the programs established to meet the additional human rights programming requirements described in section 101(a)(1);CommentsClose CommentsPermalink





(2)(A) the determination and certification of the President that the requirements of subparagraphs (A) through (E) of section 101(a)(2) have been met, if applicable; andCommentsClose CommentsPermalink





(B) the determination of the President under section 101(b)(1), if applicable;CommentsClose CommentsPermalink





(3) the steps taken to achieve the objectives described in section 401(a);CommentsClose CommentsPermalink





(4) a description of the efforts by the United States Government to secure transmission sites for Radio Free Asia in countries in close geographical proximity to Vietnam, in accordance with section 301(a);CommentsClose CommentsPermalink





(5) a description of the efforts to ensure that programs with Vietnam promote the policy described in section 302 of this Act and in section 105 of the Human Rights, Refugee, and Other Foreign Policy Provisions Act of 1996, regarding participation in programs of educational and cultural exchange;CommentsClose CommentsPermalink





(6) the steps taken to carry out the policy described in section 402(a);CommentsClose CommentsPermalink





(7) lists of persons believed to be imprisoned, detained, placed under house arrest, tortured, or otherwise persecuted by the Government of Vietnam due to their pursuit of internationally recognized human rights, which is compiled by the Secretary with 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;CommentsClose CommentsPermalink





(8) a list of the persons and their families described in paragraph (7) who may qualify for protections under United States refugee programs; andCommentsClose CommentsPermalink





(9) a description of the development of the rule of law in Vietnam, including--CommentsClose CommentsPermalink





(A) progress made toward the development of institutions of democratic governance in Vietnam;CommentsClose CommentsPermalink





(B) the processes by which statutes, regulations, rules, and other legal acts of the Government of Vietnam are developed and become binding within Vietnam;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(D) the extent to which administrative and judicial decisions are supported by statements of reasons based upon written statutes, regulations, rules, and other legal acts of the Government of Vietnam;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(b) Contacts With Other Organizations- In preparing the report under subsection (a), the Secretary shall--CommentsClose CommentsPermalink





(1) seek out and maintain contacts with nongovernmental organizations and human rights advocates (including Vietnamese-Americans and human rights advocates in Vietnam), as appropriate;CommentsClose CommentsPermalink





(2) receive reports and updates from such organizations and evaluate such reports; andCommentsClose CommentsPermalink





(3) seek to consult with the United States Commission on International Religious Freedom for appropriate sections of the report.CommentsClose CommentsPermalink