PolicyBrief
H.R. 3122
119th CongressApr 30th 2025
Vietnam Human Rights Act
IN COMMITTEE

The Vietnam Human Rights Act mandates sanctions for human rights violations in Vietnam, combats online censorship and surveillance, promotes international religious freedom, and requires annual reports on U.S.-Vietnam human rights dialogue meetings.

Christopher "Chris" Smith
R

Christopher "Chris" Smith

Representative

NJ-4

LEGISLATION

New Bill Aims to Tie U.S.-Vietnam Relations to Human Rights, Proposing Sanctions and Internet Freedom Measures

The U.S. is looking to get serious about human rights in Vietnam with the proposed "Vietnam Human Rights Act." This isn't just another diplomatic statement; the bill lays out concrete steps to link America's $124 billion trade relationship (as of 2023) with Vietnam directly to how Vietnam treats its own people. The main goal? To push for better human rights, internet freedom, and worker protections, and to hold individuals accountable for abuses.

Sanctions on the Table: Who Gets Hit and Why?

So, what's the muscle behind this? Section 4 of the act calls for sanctions – think travel bans and frozen assets – targeting Vietnamese government officials or those working for them if they're found responsible for some pretty serious stuff. We're talking arbitrary detention, torture, or making activists 'disappear.' It also targets "significant corruption," like officials pocketing money from government contracts or natural resources.

These aren't just any sanctions; the bill specifically mentions using the Global Magnitsky Human Rights Accountability Act, a tool the U.S. uses worldwide to target human rights abusers and corrupt actors. Additionally, the Secretary of State could slap visa restrictions on those involved in severe violations of religious freedom (as defined in the International Religious Freedom Act of 1998) or those who are behind online censorship and surveillance. This means if you're a Vietnamese official involved in shutting down online speech or spying on citizens exercising free expression online, you could find yourself unable to travel to the U.S. or access financial systems here.

Clicking for Freedom: Tackling Online Censorship

Vietnam's internet isn't exactly known for being a free-for-all. Section 5 highlights that Vietnam has one of the most restrictive online environments globally, citing laws like its cybersecurity law and the upcoming Decree 147 (effective December 25, 2024) that tighten government control. The bill notes that at least 187 individuals were detained for political or human rights activism in 2023, and as of year-end 2023, 258 prisoners of conscience were jailed under penal codes used to justify censorship by major tech companies.

This act wants to change that. It pushes for the U.S. to promote an open internet in Vietnam, even authorizing the Secretary of State to prioritize getting censorship-dodging tools into the hands of Vietnamese citizens. Here's a big one for U.S. tech companies: if they have U.S. government contracts and comply with Vietnamese government requests to censor content or hand over user data, they'll have to report these instances to the State Department and publicly disclose what was asked and how they responded. For example, the bill notes Facebook increased its content restrictions in Vietnam by a staggering 983% in the first half of 2020, complying with 90% of censorship requests.

Faith and Fairness: Religious Freedom and Labor Rights

The bill doesn't stop at online rights. Section 6 strongly urges the Secretary of State to designate Vietnam as a "Country of Particular Concern" (CPC) for severe violations of religious freedom, a recommendation already made by the U.S. Commission on International Religious Freedom in 2024. This designation is a formal way the U.S. calls out countries with particularly bad records on religious liberty.

Beyond that, Section 3 touches on trade and labor. It calls for assessing Vietnam's progress on workers' rights, pushing for Vietnam to recognize independent labor unions and ratify key International Labor Organization (ILO) conventions. This is framed as a way to protect American workers from unfair competition. Crucially, it also aims to ban imports from Vietnam if they contain materials – like cotton, aluminum, or polysilicon – made with forced labor from China's Xinjiang Uyghur Autonomous Region, aligning with the Uyghur Forced Labor Prevention Act.

Keeping Score: What's Next?

To make sure these issues stay on the front burner, Section 7 beefs up reporting requirements. Annual reports on U.S.-Vietnam human rights dialogues will now need to include specifics on ending torture, returning seized religious property, addressing property claims of U.S. citizens, ensuring internet freedom, and even implementing the Girls Count Act (which focuses on things like birth registration for girls in developing countries).

In short, this bill is trying to weave human rights into the very fabric of the U.S.-Vietnam relationship. It's less about grand gestures and more about creating specific pressures and transparent checks, from who can travel to what goods can be imported, all tied back to how Vietnam treats its citizens, both online and offline.