Refute distorted allegations about freedom of speech, freedom of press, academic freedom, and cultural events in Vietnam

MA. TRINH THI TUYET MAI
Ho Chi Minh National Academy of Politics

1. Refuting distorted allegations regarding freedom of speech and freedom of press

The US Department of State’s 2022 annual report on the human rights around the world (referred to as the Report) states that the Vietnamese Government has: “... failed to respect these rights and some laws specifically infringe on freedom of expression. The government also continued to use broad national security and anti-defamation provisions in the law to limit freedom of speech”; “The government continued to restrict speech that criticized individual government or party leaders, promoted political pluralism or multiparty democracy, or questioned policies on sensitive issues”.; “Censor or restrict content to members of the press and other media, including online media, etc”. These are false and biased statements in the US Department of State’s Report that intentionally distort and slander Vietnam for supposedly violating the rights to freedom of speech and freedom of the press.

First of all, it is necessary to affirm that respect for freedom of speech and freedom of the press is a consistent and continuous policy of the Party and the State of Vietnam and is institutionalized by the Constitution and laws.

On the basis of localized legalization of international law on freedom of speech and freedom of the press, the First Constitution of 1946 and the 1959 Constitution of our country affirmed that people have the right to freedom of speech and freedom of the press, which is guaranteed by law. Subsequent Constitutions inherited and developed the content of the 1946 and 1959 Constitutions on freedom of speech and freedom of the press.

The 2013 Constitution and related laws such as the Law on Access to Information, the Law on Press, the Law on Cyber Security, and many other legal documents continue to institutionalize this right. Specifically:

The 2013 Constitution stipulates in Article 25: “Citizens have the right to freedom of speech, freedom of the press, access to information, meetings, associations, and demonstrations. The exercise of these rights is prescribed by law”.

The 2016 Press Law stipulates in Article 10 on Citizens’ Freedom of the Press: creating works, providing, responding, accessing press information, associating with press agencies to produce press products, printing and distributing print newspapers; Article 11 of citizens’ right to freedom of speech in the press stipulates that citizens have the right to: express opinions about the situation in the country and the world; participate in formulating and implementing the Party’s guidelines, policies, and the State laws; contribute opinions, criticisms, recommendations, complaints, and denunciations in the press against organizations and individuals.

The 2016 Law on Access to Information also affirms in Clause 1, Article 3 and Clause 1, Article 8: All citizens are equal and are not discriminated against in exercising the right to access information”; “Citizens have the right to: a) Be provided with complete, accurate and timely information; b) Complain, sue, denounce violations of the law on access to information”;

Article 167 of the 2015 Penal Code stipulates “Crimes infringing on the rights to freedom of speech, freedom of the press, access to information, and the right to protest of citizens”, and so on.

Additionally, the State’s responsibility to create favorable conditions for citizens to exercise their rights to freedom of speech and freedom of the press; ensure the provision of accurate, complete, timely, transparent, and convenient information; ensure all citizens are equal and are not discriminated against in exercising the right to access information, etc., are also clearly stipulated in the 2016 Press Law and the 2016 Law on Access to Information.

Since the success of the August Revolution in 1945, freedom of speech and press of all citizens have always been a concern of our Party and State, creating favorable conditions for people to enjoy. As of June 2023, Vietnam has 127 newspaper agencies, 677 magazine agencies (including 327 political theory and science magazines, 72 literary and art magazines); 71 radio and television establishments operate independently; 666 district-level television and radio units; 9,959 commune-level radio stations (of which 1,757 radio stations applying information technology - telecommunications, 1,386 stations of rural and mountainous communes); 57 publishers. The number of workers in the journalism field is estimated at about 71,830 people (up 4.5% over the same period in 2022); The rate of internet users reached 78.59% (surpassing the 2023 plan’s target of 76% in 2023)(1); 253 press agencies participating in foreign information activities, 59 Vietnamese press offices permanently residing abroad, 137 Vietnamese reporters permanently residing abroad in 2022(2); The number of people granted press cards is 11,958(3).

Our Party and State ensure that all Vietnamese citizens best exercise their right to freedom of speech and freedom of the press through press and information products. In addition to the popular press, many central and local press agencies also publish publications serving ethnic minorities or people with disabilities. For example, Vietnam Television simultaneously broadcasts an image of the presenter making signs for people with disabilities, and many radio and television stations specialize in radio and television channels in many languages of ethnic minorities, etc. Besides domestic press agencies, in Vietnam, there are also many international media agencies. International agencies such as CNN, Reuters, AP, AFP, Kyodo, Asia, Rossiya Segodnya, etc. In the process of international integration, Vietnam has always shown an inquiring spirit, actively learning, absorbing, and referencing the progressive experiences of countries around the world to better and better exercise the rights to freedom of speech and freedom of the press for the majority of people. These are evidence affirming that freedom of speech and freedom of the press in Vietnam are always respected and increasingly guaranteed by the Party and the State.

Secondly, freedom of speech and freedom of the press are considered basic principles for a democracy, but that does not mean that freedom of speech and freedom of the press do not have certain limits.

In international laws as well as the laws of each country, freedom of speech and freedom of the press are not absolute, anarchic freedoms.

The 1966 Covenant on Civil and Political Rights affirms in Article 19: “The exercise of the right to freedom of speech may be subject to certain restrictions and these restrictions should be prescribed by law, in order to: a) Respect the rights or reputations of others; b) Protect national security or public order, health or morality of society”.

The French Declaration of the Rights of Man and Citizen 1789 noted: “Any citizen is entitled to speak, write and publish freely; However, they will be responsible for abusing this freedom under the law”. Acts of defaming and insulting the honor of the president or royal family members, etc., are criminalized in countries such as Italy, Spain, Turkey, and so on.

Even in the United States, the limits of freedom of speech are demonstrated by the United States Supreme Court which allows the government to prevent and punish obscene, profane, defamatory, offensive, and aggressive speech without being considered unconstitutional.

Vietnamese law also prohibits acts abusing freedom of speech and the freedom of the press to slander, defame personal honor, deny the leadership of the Party and the State, incite and divide the great national unity bloc; Information that is untrue, causes confusion in public opinion, violates honor, reputation, dignity or causes damage to the legitimate rights and interests of other agencies, organizations, and individuals, and so on. These prohibited acts are specifically stipulated in the following documents: Press Law 2016 (Article 9), Law on Access to Information 2016 (Article 3), Cyber Security Law 2018 (Clause 3, Article 16); Penal Code 2015 (Article 331).

Freedom of speech and freedom of the press are basic human rights, respected and guaranteed by Vietnamese law. However, freedom in general, freedom of speech, and freedom of the press in particular must all be within the allowable framework and not strictly prohibited by law. Recent legal and practical achievements are vivid evidence to refute the distorted allegations in the Report that Vietnam “fails to respect” or “infringes” on freedom of speech and freedom of the press.

The US Department of State, despite Vietnam’s undeniable achievements, distorts and misrepresents the efforts in ensuring the rights to freedom of expression and press in Vietnam. The report listed cases such as Dinh Van Hai and Nguyen Duy Linh convicted by the People’s Courts of Lam Dong province and Ben Tre province for “Disseminating information, disseminating documents and items aimed at sabotaging the State of Vietnam”; Nguyen Hoai Nam was sentenced to 3 years and 6 months in prison by the People’s Court of Ho Chi Minh City for “abusing democratic freedoms”; The Ministry of Information and Communications fined Vietnam Law newspaper VND 325 million and suspended its operating license for posting “false information”, “sensational content”, “baseless inference”, “unprofessional”; etc. The report used terms such as: “some famous critics on social networks”, “streamer”, “loud critic”, “Voice of Truth Television”, etc., to advocate for individuals and organizations that are “fighting” for so-called Western-style freedom of speech and press freedom and argue that these incidents are typical violations of freedom of speech and freedom of the press in Vietnam.

In fact, the subjects listed and cited by the Report have taken advantage of freedom of speech and freedom of the press to distribute documents, propagate, and share articles and information with malicious content and has been handled in compliance with the provisions of Vietnamese law on acts of sabotaging national security, causing social insecurity, inciting violence, affecting the honor and dignity of organizations and individuals, violating ethics, lifestyle, traditions, culture, history of the country and people of Vietnam.

2. Refuting inaccurate and subjective allegations about academic freedom and cultural events

The report mentions academic freedom and cultural events in Vietnam and suggests that these rights are limited. These are biased and inaccurate statements.

Firstly, with respect of academic freedom

The report imposed the concept of academic freedom of Western education, overlooking the specific nature of rights when evaluating academic freedom in Vietnam.

According to Encyclopedia Britannica, academic freedom is understood very broadly as “the freedom of teachers and learners” in teaching, learning, understanding knowledge and research without unreasonable interference or limitations by laws, regulations, or public pressure”(4). According to this understanding, academic freedom includes the rights of lecturers and students to communicate, study, research, and express opinions.

According to the laws of many countries with developed education systems, academic freedom is a concept that appears in the higher education environment, promoting the role and rights of teachers to freely research, teach, speak, and publish, following scientific standards without restrictions.

The term “academic freedom” does not commonly appear in Vietnamese legal documents. However, this is one of the cultural rights stipulated in the Constitution and laws of Vietnam, which includes the freedom of learning, research, exchange, and freedom of speech of citizens in exploring, creating, and aiming for new knowledge. Based on the inheritance and application of international law on the universality of academic freedom, Vietnamese legal regulations are specific and ensure the development of academic freedom for all citizens.

The 2013 Constitution, in Articles 39 and 40, stipulates: “Citizens have the right and obligation to study”; “Everyone has the right to research science and technology, create literature, poetry, etc”. Article 25 stipulates: “Citizens have the right to freedom of speech, freedom of the press, access to information, meetings, associations, and demonstrations. The exercise of these rights is prescribed by law”. The 2012 Law on Higher Education stipulates in Clause 7, Article 55: that lecturers have the rights of “independence of professional opinions in teaching and scientific research on the principle of conformity with the interests of the State and society”. The 2010 Law on Public Employees stipulates in Clause 5, Article 11, public employees “can decide on professional issues related to their assigned work or tasks”.

In fact, the issue of academic freedom in Vietnam is concerned and developed towards the rights of teachers at all levels of education. More broadly, academic freedom is the right of each individual in a unit or organization with the function of education, training, and research, not just associated with higher education. Because the purpose of education and research in general is not only to deliver knowledge, but more importantly, it is about exploring, creating, and discovering truth through research, exchange, discussion, and development of new knowledge. In addition, approached from the perspective of rights and academic freedom is the freedom of speech, which is recognized and guaranteed by law.

However, whether they are the rights of individuals in units or organizations performing the functions of education, training, research, or freedom of speech, academic freedom is still only a relative right, limited in certain circumstances. The Law on Higher Education regulates that academic autonomy “ensures not to harm national defense, national security, community interests, not distort history, adversely affect culture, ethics, fine customs, traditions and solidarity of the Vietnamese people, world peace and security, and contains no content propagating religion”(5). The Law on Public Employees 2010 stipulates in Article 19, prohibiting public employees from “taking advantage of professional activities to propagate against the Party’s guidelines and policies, and the State’s laws or cause harm to the fine traditions, customs, cultural and spiritual life of the people and society”.

The subjects that the Report refers to when talking about academic freedom are foreign experts working temporarily at universities in Vietnam, who are not Vietnamese citizens and the Government’s requirements for international and domestic organizations to organize conferences related to sponsorship or international participation (in other words, a conference with foreign elements) must be permitted by the Government of Vietnam.

Foreign experts working in Vietnam must comply with Vietnamese legal regulations regarding academic freedom. That means that foreigners, when researching, exchanging, teaching, and making speeches, must ensure freedom within the limits prescribed by Vietnamese law, consistent with the moral values, culture, and fine traditions of the Vietnamese people.

In addition, participating in and organizing international conferences and seminars must be approved by the Government of Vietnam under Decision No. 06/2020/QD-TTg dated February 21, 2020, of the Prime Minister. “On the organization and management of international conferences and seminars in Vietnam”. The Government’s decision clearly stipulates the contents, such as authority, process, procedures, purpose, content, program, etc., of conferences and seminars organized by Vietnamese agencies and organizations with foreign participation or receiving sponsorship from abroad. This legal regulation represents the views of the Party and the State of Vietnam in foreign relations and ensures the proper implementation of legal provisions related to the rights and obligations of foreigners in Vietnam.

Secondly, regarding cultural events

The report makes a biased and inaccurate assessment that the right to participate in and organize cultural activities in Vietnam is limited. Cultural rights are one of the basic human rights recognized in the 1948 Universal Declaration of Human Rights: “Everyone has the right to freely participate in the cultural life of the community” (Article 27). The World Declaration on Cultural Diversity adopted at the plenary session on November 2, 2001, of UNESCO also affirms in Article 5: “Cultural rights are part of human rights, universal, indivisible, and interdependent. Therefore, everyone has the right to express themselves, be creative, etc.; Everyone has the right to participate in cultural life as they desire, as well as to perform their own cultural practices, based on respect for human rights and fundamental freedoms.

On the basis of the internal legalization of international documents, the 2013 Constitution stipulates: “Everyone has the right to enjoy cultural values, participate in cultural life, use cultural facilities, and access cultural values” (Article 41). The State also promulgates many legal documents in the field of culture such as Intellectual Property Law, Cinema Law, Cultural Heritage Law, Publishing Law, Advertising Law, etc., to create a favorable legal corridor for cultural heritage conservation activities; encourage organizations and individuals to participate in performing arts; respect the freedom of creativity and cultural activities of organizations and individuals, and protect copyright and related rights.

Human rights in the cultural field are inseparable from cultural obligations. Therefore, organizations and individuals who participate in cultural creation and enjoy cultural achievements must also fulfill their obligations towards culture. To participate in organizing cultural activities, subjects not only need to cultivate ethics, political ideology, enhance intelligence, foster, and train their expertise and skills to preserve and promote the nation’s traditional culture, aiming towards the values of truth - goodness - beauty but also comply with the provisions of law on cultural management.

One of the regulations in cultural management is the application and licensing of cultural and art performance programs, which are specifically stipulated in legal documents: Decree No. 144/2020/ND-CP dated December 14, 2020 of the Government “Regulations on performing arts activities”; Decision No. 3684/QD-BVHTTDL dated December 27, 2022 “On the announcement of standardized administrative procedures in 2022 within the scope of management functions of the Ministry of Culture, Sports and Tourism”. This is important and necessary work in the State’s management to promptly correct, prevent, and handle negative acts in the cultural field such as poor quality cultural and artistic activities that violate performance organization regulations; cultural programs organized without being licensed or approved or implemented inconsistently with the licensed or approved content; The program content is not consistent with traditional customs and traditions; reactionary cultural products from abroad with the purpose of defaming

and sabotaging the guidelines and policies of our Party and State, and so on.

Therefore, it is not true that “The government has exerted influence over art exhibitions, music and other cultural activities by requiring multiple licenses” or “...authorities disrupted a seminar on Ukrainian culture held at the Southeast and North Asia Institute of Technology Research and Development (SENA) in Hanoi, etc”., “Ho Chi Minh City Department of Culture, Sports and Tourism fined artist Bui Quang Vien VND 25 million for organizing a painting exhibition without a license, etc”. as cited in the Report. These are clearly cultural events organized without complying with legal regulations on licensing, violating prohibitions, and of course, being handled in accordance with Vietnamese law.

Our Party’s policy is to create the conditions to “ensure the right to enjoy, the freedom to create in cultural and artistic activities of each person and community”(6), the State performs the function of cultural management through licensing cultural and artistic activities, promoting the development of cultural and artistic activities following the Party’s guidelines and policies as well as the State’s policies and laws on culture, in line with the trend of integration and national development.

In the current context, with the strong development of social media, there are even stricter requirements in cultural management to protect the traditional cultural values of the nation, and at the same time resolutely fight against countercultural “creative” products and “hybrid” cultures, rootless, culture in the name of “renovation” and “international integration”.

3. Identifying conspiracies and tricks in the Human Rights Report 2022

The allegations in the Report demonstrate plots and tricks to take advantage of democracy and human rights to sabotage Vietnam in the following aspects:

Firstly, the Report is based on data collected and synthesized through a number of information channels from organizations, reactionary elements, and political opportunists, or provided by individuals and organizations opposing the Vietnamese State leading to biased, baseless, imposed, and one-sided assessments of the human rights situation in Vietnam. The information is quoted from personal opinions on Radio Free Asia, Voice of America, BBC Vietnamese news service, etc., which the Report claims to be “reliable sources”. The report uses arguments such as “the authorities have disrupted”; “the police prevent”; “Authorities also repress”; “The government punished journalists”, and “The government exerted influence”, etc., to describe the “violations of democracy and human rights by Vietnamese public and competent authorities” in the rights to freedom of speech, freedom of the press, academic freedom and cultural events.

In essence, this is an action by a Vietnamese state agency to protect the Party’s guidelines and policies, and the State’s laws and fight against the wrongdoings of reactionary and hostile elements intending to sabotage the Party and the State, to cause political, cultural, and social instability in Vietnam.

Secondly, the Report deliberately took advantage of “universal values” while ignoring the specific values of human rights, and the practical political and legal conditions in the process of implementing human rights in countries around the world, including Vietnam.

In fact, they were not lacking any information when making this Report; on the contrary, they are very knowledgeable about Vietnamese law, because they have diplomatic representative agencies and non-governmental organizations (NGOs) operating in Vietnam. They have spent a lot of money and sponsored scientific research, construction projects, and criticism of policies and laws in Vietnam. Therefore, they clearly understand the current state of Vietnamese law but seek every way to detect shortcomings and loopholes to distort the truth about human rights in Vietnam.

Thirdly, the information given in the Report is nothing new but a repetition, excerpt from reports of previous years and supplemented, cited, listed recent incidents as current updates on human rights violations in Vietnam. This is a dangerous and harmful source of propaganda and disinformation, creating further basis, opportunities and conditions for reactionary elements, hostile forces, and political opportunities at home and abroad to continue to carry out propaganda acts that distort, slander, and deny the achievements and efforts of our Party and State in protecting human rights.

Vietnam has made significant efforts to respect and ensure human rights, including freedom of speech, freedom of the press, academic freedom, and cultural events. However, the allegations of denial and distortions of the situation of human rights in Vietnam that the Report stated clearly demonstrate the exploitation of democracy and human rights issues to sabotage Vietnam. Therefore, we must always be vigilant, identify, and refute one-sided, biased, distorted, and slanderous assessments of Vietnam’s human rights situation in the coming years.

Vietnam opposes, and is ready to persistently, and resolutely fight uncompromisingly against rhetoric and behavior based on the “mantle” of democracy and human rights to interfere in internal affairs, distort, slander, and sabotage the revolutionary cause of the Party, the State, and people of Vietnam.

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Received: July 29, 2023; Revised: September 4, 2023; Approved for publication: September 14, 2023.

l Endnotes:

(1) Ministry of Information and Communications: Preliminary report for the first 6 months of 2023.

(2) Ministry of Information and Communications: Report on activities in March 2023.

(3) Ministry of Information and Communications: Information and Communications Technology White Paper 2022.

(4) http://www.britannica.com/EBchecked/topic/2591/academic-freedom, accessed July 15, 2023.

(5) Point c, Clause 1, Article 13, Decree No. 99/2019/ND-CP dated December 30, 2019, detailing and guiding the implementation of a number of articles of the Law amending and supplementing a number of articles of the Law on Higher Education.

(6) CPV: Documents of the 13th National Party Congress, vol.I, National Political Publishing House, Hanoi, 2021, pp.263-264.