Socialist Republic of Vietnam

The “Human Rights Act of Viet Nam – 2003” – H.R. 1587, which purports to promote “the US concern about human rights in Viet Nam” is a unilateral approach to an issue very sensitive to the relationship between Viet Nam and the United States for the people of each country have suffered greatly in the past war.

1) We would like to share our understanding of the importance of human rights as a principle.

• The Vietnamese people view human rights as inseparable from the development of their culture and nation. Viet Nam has a 4,000-year history of fighting for independence from foreign invaders. Therefore, to live in peace, independence and sovereignty is a sacred human right for the Vietnamese. Throughout the years, they see that human rights are necessary to ensure their independence.

• Viet Nam’s ancient forms of government were based on communal decision-making and local governance. The saying that the king’s mandate stops at the village gate recognizes this fact. Viet Nam’s current decentralization and grass roots' democratization has its antecedents in this history.

• Viet Nam has suffered from years of colonialism and war. During their long wars for independence, Vietnamese people in the areas controlled by colonialism were subject to terrible deprivation of rights and to torture.

• Great Vietnamese national hero and leader Ho Chi Minh said, in 1945: "our country has regained independence but if the people do not enjoy freedom then that independence has no meanings." He later elaborated: “after independence we must ensure that our people are fed, clothed and educated”, considering individual, economic, social and cultural rights as key human rights.

• Now, as a country that is developing the rule of law in accordance with its constitution, Viet Nam values basic civil liberties such as the right to free speech, assembly, freedom of belief and religion and the right to employment and unions.

2) The reality of life in Viet Nam demonstrates the importance of human rights to the Vietnamese people. Human rights are the very objectives that the government and people of Viet Nam are striving for. Coming from decades of war and an underdeveloped agricultural based economy, they have managed to feed, educate and provide basic health care to the entire population of 80 million people — something many more developed countries have been unable to do. In the past 17 years or so since the institution of the policy of doi moi or renovation, the standard of living for almost all of Viet Nam’s people has risen. The World Bank, UNDP and many NGOs have praised Viet Nam’s success in hunger eradication and poverty alleviation as exemplary with poverty reduced by half to 17% and average GDP growth rate maintained at 7%.

3) Vietnamese law guarantees freedom of speech, freedom of the press, freedom of association, assembly and religion, along with full participation in the political process.

• Freedom of expression and information can be seen in the publication of more than 650 daily newspapers, weekly or monthly magazines and journals with more than 600 millions copies in circulation annually. There are about 70 radio stations, with which 92% households have access to while 82% households have access to TV channels of 68 TV stations nationwide. Viet Nam now has about 20 online newspapers and hundreds of internet domains. The growth rate of internet users is the highest in the world, standing at more than 250% annually. Every year, 44 publishing houses turn out about 450 million copies of books and text books, which include foreign authors’ works that are translated and widely available.
In March, 2003 the Government granted business licence to Loral Skynet, a unit of New York-based, publicly listed Loral Space & Communications for satellite-linked Internet service. This move boosts internet access in Viet Nam and opens up new opportunities for information flows between Viet Nam and the world.

• Political participation is ensured through our electoral system that gives each Vietnamese citizen the right to nominate or be nominated for election and to vote for candidates for legislative office at the local and national level. Mass and social organizations such as Veterans’ Association, Women’s Union, Youth Union, professional organizations, neighborhood committees, etc. provide citizen with effective means to air their concern and to actively participate and get involve in national social, economic and political arena. People have a real voice in decision and policy making at all levels – and not just at election time. It has been institutionalized that major policies in the making are sent down to grass-root communities for people to make comments and contributions; their feedbacks are incorporated in the final draft. Citizens have the right to express opinions that are different with government’s, as is evidenced by demonstrations and protests in various places. Vietnamese press is now considered more critical of the government performance as well as problems like corruption than western’s ones. The recent trial of Nam Cam, his gangsters and collaborators can be attributed to the coverage by the Vietnamese press.

• Viet Nam’s Constitution guarantees equality of men and women. While the U.S. has still not passed an equal rights amendment, gender equality is enshrined in both Viet Nam’s constitution and laws. In fact, this equality has been in place for long as a fine traditional value and has become part of the Vietnamese culture. The Constitution ensures ethnic equality among the 53 groups that make up Viet Nam. Institutionalized racism does not exist in Viet Nam. However, ethnic minority groups living in the mountainous areas with lower levels of development enjoy preferential policies, which give these areas priority in education, health care, income generation and infrastructure development. Medicine, writing paper, iodized salt and kerosene for lighting are provided free of charge for highlanders with special difficulties.

• Viet Nam’s Constitution guarantees freedom of belief and religion. The majority (or about 90%) of Viet Nam’s population practices the ancient belief system of ancestral worship. Approximately 1/3 takes part in practices of one of the major religions (Buddhism, Catholicism, Protestantism, Hoa Hao, Cao Dai). In the quarter century since the end of the wars, there has been an expansion of religious practice. Despite its turbulent history when introduced into Viet Nam, Catholicism now has 5399 churches and about 6 million followers, more than 2,200 bishops, archbishops, and cardinals and more than 8,000 priests. Vietnamese archbishops and bishops are appointed by the Pope. Viet Nam is home to the second largest number of bishops in Asia (after only the Philippines). Six Christian seminaries were founded between 1987 and 1994. There are 440 Protestant churches with more than 700,000 followers and 550 pastors. Last February, the Viet Nam Union of Protestant Churches made debut its Protestantism Institute and opened its first training course in Ho Chi Minh City. Cao Dai has more than 2 million followers with about 500 temples. Hoa Hao has about 1 million followers. Islam has more than 100,000 followers. Buddhism, the largest religion in Viet Nam, has more than 7.5 million followers, 33,000 monks and nuns and 14,000 places of worship and there are three Buddhist universities (compared to one prior to 1975). In their book “Viet Nam: Spirit of the Earth” Mary Cross and Frances Fitzgerald acknowledge that “possibly the most remarkable development in Vietnamese culture life over the past decade or so is the revival of Buddhism throughout the country.”

• Vietnamese law guarantees that those who are accused of criminal acts be able to face their accuser in a court of law. Defendants are entitled to legal counsel of their choice and are able to bring evidence before the court, call witnesses and question prosecution witnesses. There is a right to appeal the verdict and the sentence. Torture of prisoners is prohibited. As in any country, Viet Nam’s penal code defines which actions violate our law and those who engage in such actions are subject to prosecution and possible imprisonment. In fact, the ratio of prisoners/population in Viet Nam is very low, lower than that of some developed countries.

• Vietnamese law provides that people have the right to organize a trade union and have the right to strike. Vietnamese trade unions have been crucial in the making of the Labor Code, which stipulates that within six months of its coming into effect every business without a union must establish at least a temporary one. According to Human Right Watch, the new labor law sets minimum wages, establishes safety and sanitary conditions, and recognizes the right of workers to strike. (Vol. 7, No. 12, 1995). ILO's Director General Juan Somavia wrote in his message on the launch of the ILO office in Hanoi on February 17, 2003 that "I have particularly noted the close attention being paid to social and labor issues and have been heartened by the efforts being made by the Government of Viet Nam and employers' and workers' 'organizations". Cooperation between the Ministry of Labor, War In valid and Social Affairs and the Department of Labor is highly appreciated by both sides. There are four cooperation projects being implemented in this field at present.

4) Viet Nam is a signatory to the majority of international human rights treaties and conventions. Viet Nam’s election to the United Nations Commission on Human Rights shows that the international community recognizes our adherence to international standards of human rights. Observance of the spirit and the letter of international human rights is part and parcel of our development as a nation and as a member of the world community. As Viet Nam moves forward in its reform process, its cooperation with other countries in the human rights issues has also been strengthened. So far, there have been ten sessions of bi-lateral dialogue between Viet Nam and the United States and several rounds of dialogue between Viet Nam and the European Union on human rights issues, which have helped enhance understanding and address the issues in the spirit of mutual respect.

5) The House bill threatens to undermine the progress that has been made between our two countries in many arenas. Viet Nam and the U.S. share a long and often tragic history, making it all the more essential to heal the wounds of war and move forward to the future. During that war, nearly 3 million of our people were killed and more than 4 million injured. 300,000 of our soldiers are still unaccounted for. According to U.S. Department of Defense figures, from 1961 to 1971, up to 72 million liters of defoliants, including 45 million liters of Agent Orange (dioxin) were sprayed on Viet Nam. 26 years later, more than 2 million Vietnamese still suffer from dioxin related illness, including the second and third generations of those originally affected. Defoliation also destroyed a large acreage of our forests and arable land. The Government of Viet Nam currently provides monetary assistance to over 2 million people affected by these chemicals. Meanwhile, Viet Nam has continued to extend its cooperation in good faith on all other issues that the United States side is concerned about, be it MIA or anti-terrorism and so on and so forth.

6) It is especially ironic, therefore, that the House bill seeks to lecture Viet Nam on human rights and to limit or curtail development aid to Viet Nam.
Viet Nam takes a back seat to no one in its respect for and advocacy of the human rights of its people. In this regard, mutual respect and understanding between our two countries — not unilateral diktat is the only way to proceed in addressing this crucial issue.

LATEST INFORMATION ON RELIGIOUS FREEDOM IN VIET NAM

Buddhism:

- In 2002, 133 temples and pagodas were built or rebuilt, 100 temples and pagodas were renovated.

- In 2002, 270 clergies went abroad to study or participated in religious activities. The Viet Nam Institute of Buddhism has started enrolment program for courses at the Buddhism College in Hanoi and for new courses in Hue.

- During the year, many delegations were exchanged between Viet Nam and other countries, including the United States, France, Japan, India etc. with a view to enhancing mutual understanding and studying Buddhism.

- In particular with regard to Superior monk Thich Huyen Quang:

Most Venerable Thich Huyen Quang (name at birth: Le Dinh Nhan), born in 1917, has been practicing his Buddhist life in Quang Phuoc Pagoda, Quang Ngai province.

In February, 2003 Most Venerable Thich Huyen Quang experienced a bad health problem: an irritating mole on his face. This was diagnosed by the General Hospital of Quang Ngai Province as a malignant tumor and Most Venerable Thich Huyen Quang was referred to Hanoi K Hospital (a central hospital specialized in treating tumors and cancers) for better treatment. At the K Hospital he had a thorough health examination; his tumor was now diagnosed as benign. Early in March, a surgery was conducted at the K Hospital and the tumor was successfully removed. Most Venerable Thich Huyen Quang is satisfied with the surgery.

While in the hospital, a number of Most Venerable Thich Huyen Quang's friends, including local Buddhists, visited him. A delegation from the European Union came to visit Most Venerable Thich Huyen Quang on March 13. A diplomat from the US Embassy in Hanoi also has visited Most Venerable Thich Huyen Quang.

Most Venerable Thich Huyen Quang has been receiving adequate health care and service from hospital staff. As his health recovers, Most Venerable Thich Huyen Quang has spent some time visiting a number of pagodas around Hanoi. He met with Prime Minister Phan Van Khai on April 2, 2003. On April 7, 2003 he went to the City of Hue.

Catholicism:

- In 2002, 68 churches were built, rebuilt; 3 churches were renovated.

- Number of followers continue to rise, especially in ethnic minority areas. Many important events like La Vang’s Virgin Mary anniversary in Quang Tri attracted hundreds of thousands of Catholic followers; churches throughout the country were overcrowded during Christmas masses and so on.

- Grand seminaries in Ha Noi and Hue continued admission of new students, opening new courses.

- The Directors of grand seminaries and seminaries throughout the country held a conference in Da Nang city.

- Classes and meditation sessions for bishops, priests, and followers were opened regularly throughout the year.

- In 2002, 282 bishops, priests and other clergies of different levels went abroad to study or participated in religious activities. The number of visits exchanged between Viet Nam Catholic Church and other countries increased, including the visit of the Viet Nam’s Council of Bishops to the Philippines, the participation of Vietnamese bishops in the Ad Limina, the participation of young Vietnamese catholic in the World’s Catholic Youth in Toronto (Canada) and so on.

Protestant:

- In 2002, The Viet Nam Union of Protestant Churches in cooperation with many provincial evangelical representatives held many classes and lectures for hundreds of pastors and missionaries as well as followers. In the same year, 10 pastors were sent abroad to study or participated in evangelical activities.

- In February 2003, the Federation of Evangelical Churches of Viet Nam (South) made debut its Bible Theological University and opened its first training course in Ho Chi Minh City.

Cao Daism: These indigenous religions continued to see growth in both number of followers and churches. The 2nd Popular Council and the 2nd Sacerdotal Council by Cao Dai Tay Ninh and the 2nd Sacerdotal Council by Cao Dai Ban Chinh Church were held in 2002.

Hao Hao Buddhism: The Representative Committee of Hoa Hao Buddhism expanded and held many classes to teach followers of the religion.
Islam: There has been no discrimination against the growth of the religion, 40 clergies and Muslim went to pay pilgrimage in Mecca or to study abroad.

On the publications of religious works:

- In 2002, about 280 religious works were published in large volume.

- Many other audio and video religious works were also made throughout the year.