Closing Civic Space in Vietnam: Detentions, Trials, Tightened Regulation, Restricted Funding, and Other Party-State Pressures against Civil Society
Mark Sidel, Doyle-Bascom Professor of Law and Public Affairs, University of Wisconsin-Madison
When we think about the use of law and policy to restrict civil society in Asia, China and India are the countries that usually come to mind.But the trend of closing civic space goes far beyond these two countries. In Vietnam, the space for activities has begun closing in recent years. Today Vietnam is an under-the-radar example of the many ways in which authoritarian or nondemocratic governments can stifle civil society at a time when it is poised to flourish. The COVID era has only accelerated these controls.
Vietnam has begun using the tax laws and criminal code to jail civil society leaders on charges of tax evasion, anti-state propaganda, and “abusing democratic freedoms.” Other means are used as well, including perceived incorrect use of a map that did not display the Spratly and Paracel Islands in the South China Sea as Vietnamese territory. Umbrella NGOs – which help build capacity of smaller NGOs, gather them in networks, and sometimes help them raise funds – also have come under increased scrutiny from Communist Party and state authorities. In recent months two well-respected umbrella NGOs in Ho Chi Minh City have closed their doors.
Authorities have made use of existing laws to carry out their crackdown, but also have taken steps to tighten the legal framework in which NGOs operate. These tightened regulations include a new decree on the registration and management of foreign NGOs (August 2022), and a renewed push to adopt new restrictions on domestic associational life.Taken as a whole, Vietnam’s moves in recent years have put increasing pressure on civil society and civic space, usually using regulatory means but occasionally using criminal prosecutions. Vietnam’s closing civic space may fall under the radar compared to its larger neighbors China and India, but the trends is similar and ominous.
Mark Sidel is Doyle-Bascom Professor of Law and Public Affairs at the University of Wisconsin-Madison. He developed and managed the Ford Foundation’s programs in Vietnam in the 1990s and has since served as a consultant on Vietnam for the United Nations Development Programme (UNDP); the Danish Ministry of Foreign Affairs and Danish development cooperation (DANIDA); the World Bank; and numerous other organizations. He has written and co-edited several books and a number of articles on Vietnamese civil society, law, and rights issues.
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