Open Net and LIV Lobbies for Vietnam’s digital rights before UN and Human Rights Committee responds with specific advices

Open Net, together with Legal Initiatives for Vietnam (LIV), conducted successful advocacy during the 144th session of the UN Human Rights Committee in Geneva, from July 7-8, 2025, focusing on Viet Nam’s ongoing violations of the right to freedom of expression and the right to privacy in the digital sphere. The Human Rights Committee responded affirmatively to our concerns through their questions posed to the State party during the formal review and also the Concluding Observations published afterwards.

Through our submission of a shadow report (for direct access to the report, here) on May 26, participation in the formal NGO briefings (for the Open Net-LIV statement, here), and monitoring of the State Review held on July 7–8, we were able to draw critical attention to a number of alarming legal provisions and practices that undermine Viet Nam’s obligations under the International Covenant on Civil and Political Rights (ICCPR). Open Net and LIV engaged the Committee members using the one page leaflet. These advocacy efforts were reflected in the specific questions raised by the Committee during the State Review.

Key Issues Successfully Raised and Echoed by the Committee

Freedom of Expression: Suppression and Censorship

1. Vague Penal Code Provisions Used to Silence Peaceful Dissent

The Committee raised concerns regarding Articles 109, 116, 117, and 331 of the Penal Code, echoing our submission that these provisions have reportedly been used to suppress peaceful dissent, particularly targeting journalists, activists, and members of minority communities. The Committee emphasized the vagueness and overbreadth of these articles, highlighting the potential for arbitrary application and the resulting chilling effect on free expression, in violation of Article 19 of the ICCPR. It also expressed concern over alleged reprisals and intimidation of civil society actors under these laws.

2. State Control Over Online Content: Takedowns and Shutdowns

We had raised the issue of how the Cybersecurity Law and Decree No. 147/2024/ND-CP (replacing Decree No. 72/2013/ND-CP) have significantly expanded the government’s control over online content and internet infrastructure. These laws enable wide-ranging content takedowns, website blockings, and even internet shutdowns. The Committee echoed our concerns regarding the lack of procedural safeguards, emphasizing that such restrictions must be necessary, proportionate, and in line with Article 19 of the ICCPR.

Right to Privacy: Surveillance and Data Practices

3. Unfettered Government Requests for User Data and Broad Exceptions to Consent

We warned that several legal instruments—namely the Cybersecurity Law, Decree No. 53/2022/ND-CP, and Decree No. 147/2024/ND-CP—grant the government unfettered access to user data without the need for a warrant or independent judicial oversight. Additionally, Decree No. 13/2023/ND-CP permits the processing of personal data, including sensitive information, without user consent for broadly defined purposes such as “contractual obligations” or “government operations.” The Committee responded by explicitly questioning the absence of safeguards, requesting clarification on the scope of surveillance practices and their compliance with Article 17 of the ICCPR.

4. Mandatory Real-name Registration for Social Media Users

We urged the Committee to scrutinize the mandatory real-name registration requirement under Decree No. 147/2024/ND-CP, which obliges all social media users—including those outside Viet Nam—to register with verified personal information. The Committee raised this issue directly, inquiring whether the State Party intends to amend, repeal, or clarify the legal basis for Articles 23(3) and 27(3) of Decree No. 147/2024/ND-CP, which are of particular concern regarding the right to anonymity online.

The resulting Concluding Observations also included the following recommendations concerning digital rights, echoing our previous lobbying efforts verbally and in writing:

42. The Committee is concerned about allegations of unlawful surveillance, internet blackouts and cutting of telephone lines, particularly involving human rights defenders, journalists, and ethnic and religious minorities. The Committee is also concerned about the inadequacies of current legislation in protecting personal data such as Decree 13/2023 Art. 17, which allows personal data to be taken without prior notification and consent of the data subject, and Decree 147/2024, which requires users to verify their accounts using a phone number or ID card and requires social media platforms to remove content deemed illegal(art. 17).

43. The State party should take all measures necessary to guarantee the full enjoyment by everyone of the right to privacy, including online. It should ensure that its legislation, including Decrees 13/2023 and 147/2024, and data protection and all types of surveillance activities, including online surveillance and the interception and retrieval of electronic communications and metadata, are in full conformity with the Covenant, in particular article 17 thereof, and the principles of legality, proportionality, necessity and transparency. It should also:

(a) Establish strict safeguards, and independent and effective oversight mechanisms, including judicial review of surveillance activity;

(b) Ensure that affected persons have access to effective complaint mechanisms and remedies in cases of abuse and that they are notified of the surveillance and interception activities to which they have been subjected, where possible. . . .

46. Recalling its previous concluding observations and follow-ups, the Committee remains deeply concerned by continued reports indicating a further decline in freedom of expression in the State party, notably with regard to human rights defenders, journalists, political dissidents, and ethnic and religious minorities. The Committee notes with concern the overly broad criminal law provisions, in particular articles 109, 116, 117, 331 of the Criminal Code, which are used to prosecute human rights defenders, journalists, political dissidents, and ethnic and religious minorities, noting the alleged at least 160 human rightsdefenders and others currently incarcerated for peacefully exercising their freedom of expression. It is also concerned by reported cases of reprisals against human rights defenders and civil society actors for engaging with the UN and its human rights mechanisms.

Furthermore, the Committee is concerned that the media is heavily restricted, especially in legislation such as the Press Law, Access to Information Law, the Law on Cybersecurity, and Decrees 147/2024, 53/2022, 15/2020 and 119/2020. It is also concerned by Internet disruptions and the removal of content on social media platforms perceived to be critical of the government. Although aware of the numerous media outlets in the State party, it observes that current legislation requires media outlets register with and allow oversight by the government, infringing media independence (art. 19).

47. The Committee reiterates its previous recommendations and urges the State party to guarantee that everyone, including human rights defenders, journalists, political dissidents, and ethnic and religious minorities, can exercise the right to freedom of expression in accordance with article 19 of the Covenant and the Committee’s general comment 34 (2011) on the freedom of opinion and expression. It should also:

(a) Take all necessary steps to end violations of the right to freedom of expression offline and online, and ensure that restrictions do not go beyond the strictly defined limitations set forth in article 19;

(b) Amend or abolish its current and pending legislation, including the Criminal Code and the Press Law, Access to Information Law, and the Law on Cybersecurity, and Decrees 147/2024, 53/2022, 15/2020 and 119/2020, to avoid the use of vague terminology and overly broad restrictions that are incompatible with article 19 (3) of the Covenant;

(c) Take all necessary measures to enable human rights defenders, journalists, and other civil society actors to carry out their work safely, freely and independently, without fear of them and their family members’ being subjected to persecution, intimidation, harassment, violence or reprisals, including in particular human rights defenders and civil society actors engaging with the UN and its human rights mechanisms;

(d) Ensure that all human rights violations and attacks against human rights defenders, journalists, other civil society actors and their family members, are transparently, thoroughly, impartially and independently investigated, that perpetrators are brought to justice and, if found guilty, duly punished, and that victims receive adequate reparation;

(e) Review the detention of journalist, media workers and human rights defenders and immediately release anyone detained contrary to the provisions of the Covenant, without conditions and provide adequate compensation to detainees;

(f) Take all measures necessary to support a genuinely pluralistic media landscape.