Hanoi Denies Hoang Thi Minh Hong ‘Tax Evasion’ Charges are a Crackdown on Environmental Activism

Key Events

  • Quang Binh Man Convicted of ‘Abusing Democratic Freedoms’ for Running Facebook Page Denouncing Corruption
  • Hanoi Denies Hoang Thi Minh Hong’s ‘Tax Evasion’ Charges a Crackdown on Environmental Activism
  • Ho Chi Minh City Police Arrest an Accused Member of the ‘Provisional Government of Vietnam’
  • PEN America Holds Conversation Discussing Pham Doan Trang’s Impact on Journalism

Hanoi Denies Hoang Thi Minh Hong’s ‘Tax Evasion’ Charges a Crackdown on Environmental Activism

The Vietnamese diplomatic mission in Geneva has responded to a joint communication of three United Nations special rapporteurs in a reply dated Nov. 1, which rejected allegations that the charges brought against climate leader Hoang Thi Minh Hong were politically motivated. Vietnam claimed that her arrest and trial were “conducted in accordance with the laws of Vietnam.”

The response letter claimed Hanoi has a consistent policy in combating climate change, adding that reports of repression of environmental activists are “unfounded” and “reflect a biased and negative view” of its human rights situation.

Hong was sentenced to three years in prison in a 2023 trial. However, the authorities released her last September, 20 months before her scheduled release from prison, just  before Communist Party General Secretary To Lam visited the United States. Hong, founder and director of a dissolved climate organization named CHANGE, was detained following the arrests of other environmental activists, Nguy Thi Khanh and Dang Dinh Bach, on similar alleged tax-related offenses. The police investigators alleged that CHANGE had evaded a 5.2 billion dong in taxes ($205,000). 

In a joint letter dated July 2023, three UN special rapporteurs working on the situation of human rights defenders, sustainable environment, and the right to freedom of assembly raised their concerns over the arrest and conviction of Hoang Thi Minh Hong on “tax evasion” charges. The rapporteurs claimed that Hong’s prosecution is part of a “wider crackdown on environmental rights defenders and against civic space” in Vietnam.

They requested the Vietnamese government provide further information regarding the legal grounds for her arrest and detention and clarify what steps Hanoi has taken to ensure nonprofit and civil society organizations can operate without fear of harassment, violence and retaliation.

Last July, a court in Hanoi convicted and sentenced Ngo Thi To Nhien, director of Vietnam Initiative for Energy Transition Social Enterprise (VIETSE), an energy think tank, to 42 months in prison on charges of “usurping official documents” of EVN, a state-own electricity company, under Article 342 of the Penal Code. Nhien’s organization says its mission is accelerating Vietnam’s transition towards becoming a carbon-neutral country. According to Project88, Nhien’s trial was closed to the public, and state media did not report on her conviction.

Read more: Exploring CHANGE’s Tax Evasion Charges Part 1: Non-profit or Business?

Quang Binh Man Convicted of ‘Abusing Democratic Freedoms’ for Running Facebook Page Denouncing Corruption

A court in Ba Don District, Quang Binh Province, on Nov. 13 sentenced a senior citizen to 30 months in prison on charges of “abusing democratic freedoms” under Article 331 of the Penal Code.

Nguyen Van Nhon, 68, was accused of expressing defamatory opinions at two meetings between local voters and members of a parliamentary delegation in his voting district in 2023, which allegedly “infringed on the interests of the state, and the rights and legitimate interests of organizations and individuals.” However, state media did not state what critical information Nhon had talked about or the identity of the purportedly affected individuals. He was previously arrested on Aug. 3 and charged with Article 331.

Additionally, the court’s indictment stated that between May 2023 and April 2024, Nhon had used his personal Facebook account named “Cao Tuoi Ban Tin” (The Senior Bulletin) to post, share and disseminate articles containing information that “insults the reputation of organizations and individuals, negatively affecting security, order and social safety.” Nhon’s Facebook account has around 1,200 followers and its postings focus on denouncing corruption and land disputes between local residents and the authorities.

Ho Chi Minh City Police Arrest Accused Member of the ‘Provisional Government of Vietnam’

The Security Investigation Bureau of the Ho Chi Minh City Police Department on Nov. 13 declared that they had arrested and prosecuted Huynh Nhat Phuong, 42, on charges of “conducting activities aimed at overthrowing the people’s administration” under Article 109 of the Penal Code.

The police accused Phuong of working as “chief of the Political Warfare Department of the Saigon-Gia Dinh Tactical Command” of the U.S.-based “Provisional Government of Vietnam.” His arrest reportedly resulted from an expanded investigation into the networks of two other members of this group, Tran Van Linh, 67, and Nguyen Thi Huong, 56. Linh and Huong were detained on Sept. 20 on accusations of plotting to print and distribute anti-state leaflets, which allegedly would have incited protests and disturbed security during the Vietnamese National Day on Sept. 2.

According to Ho Chi Minh City Police, Phuong’s alleged activities have inflicted dangers on society, and affected the political security situation and social order in Vietnam. However, the police have not provided the details of his crime or specified their tangible dangers. They added that they continued to investigate Phuong’s alleged crimes and expand the investigation to prosecute other related individuals.

During the past few years, dozens of Vietnamese individuals with alleged ties to this organization have been arrested and sentenced to up to 16 years in prison on subversion charges. Nguyen Doan Quang Vien, who was sentenced to 14 years in prison in 2021 due to his alleged connection to the Provisional Government of Vietnam, was in a critical condition as he had developed acute pulmonary tuberculosis. Nguyen Thi Dao, his wife, said that she believed her husband would not survive if he’s not transferred to a reputable clinic for treatment.

In an event held on Nov. 15 to commemorate the Day of the Imprisoned Writer, novelist Dinaw Mengestu, vice president of PEN America, honored journalist Pham Doan Trang and discussed the impact of her work on Vietnamese journalism in a conversation with Trinh Huu Long and Tran Quynh-Vi, her friends and colleagues. PEN America celebrates this day annually to advocate for the release of imprisoned writers.

This year, PEN America awarded Pham Doan Trang the PEN/Barbey Freedom to Write Award in recognition of her bravery and fearless dedication to advancing freedom of impression in Vietnam. PEN’s Freedom to Write Index pointed out that the number of writers jailed due to their work reached a five-year high in 2023. Trang’s colleagues and co-founders of Legal Initiatives for Vietnam (LIV), Trinh Huu Long (editor-in-chief of Luat Khoa Magazine) and Tran Quynh Vi (executive director of LIV), said during the conversation that Trang’s impact rests on her ability to inspire many others to write.

Although Pham Doan Trang is mainly known for her activities promoting independent journalism, the actual work she has done has ranged from writing blogs to publishing and distributing banned books and samizdats. Mengestu highlighted that this conversation represents PEN America’s commitment to stand in solidarity with writers worldwide and that persecution and imprisonment should not be the price for writing.

Quick Takes

Public Security Minister Suggests Stricter Punishment for Individuals Accused of ‘Spreading Fake News’

Minister of Public Security Luong Tam Quang told National Assembly lawmakers in a plenary session on Nov. 13 that the financial punishment applied to citizens accused of “spreading fake news” and “defaming others’ dignity and honor” is not strict enough, and that the current law lacks specific regulations to initiate criminal proceedings against those individuals. At present, internet users who allegedly violate cybersecurity decrees that regulate the publication of information on social media face a fine of between 5-10 million dong. Minister Quang also emphasized the urgency in tackling this shortcoming to fight against “hostile views and false information” and “enhance the people’s immunity to fake news.” 

Facebook Restricts Online Posting of State Escort’s Abuse Incident

Facebook has restricted a posting of human rights lawyer Dang Dinh Manh that discussed the alleged sexual abuse incident of Lai Dac Tuan, an escort of President Luong Cuong during his visit to Chile on Nov. 11. Tuan, 59, was accused of sexually abusing a hotel staff; he was immediately deported and banned from entering the Latin American country for at least two years following the misconduct. In a short notice sent to attorney Manh, Facebook said that it had blocked access to this posting to users in Vietnam at the request of the Ministry of Public Security “under the requirement of local laws.” As of Nov. 17, state media had not reported on the Tuan incident.

People’s Procuracy Suggests Upholding Truong My Lan’s Death Penalty

The High People’s Procuracy on Nov. 15 proposed upholding the death penalty of tycoon Truong My Lan, chairwoman of Van Thinh Phat Group, on charges of “embezzlement” after Lan and her lawyers filed an appeal against the previous verdict. The High People’s Court in Ho Chi Minh City is expected to issue a final decision on whether or not to uphold her capital punishment on Nov. 25. In the second phase of her trial, and another court sentenced the Van Thinh Phat chairwoman to life on combined allegations of “fraud,” “money laundering,” and “illegally transferring money abroad.” 

Will Vietnam-US Relations Continue to Improve Under Trump 2.0?

The Diplomat/  Hai Hong Nguyen/ Nov. 14

“In fact, a business-minded Trump is unlikely to bypass any business opportunities that arise in Vietnam’s increasingly lucrative market. Recently, the Trump Organization signed an agreement with a Vietnamese company to develop a $1.5 billion entertainment and leisure resort outside Hanoi. Furthermore, the Trump administration may take advantage of Vietnam’s declining arms purchases from Russia to strike weapons deals of its own, as a way to bring down the trade surplus.”