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otherwise persecuted by the Government of Viet

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Nam due to their pursuit of the rights described in

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paragraph (5). In compiling such lists, the Secretary shall exercise appropriate discretion, including con

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cerns regarding the safety and security of, and ben

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efít to, the persons who may be included on the lists

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and their families. In addition, the Secretary shall

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include a list of such persons and their families who

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may qualify for protection under United States ref

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ugee programs.

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(7) A description of the development of the rule

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of law in Viet Nam, including, but not limited to

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(A) progress toward the development of in

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stitutions of democratic governance;

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(B) processes by which statutes, regulations, rules, and other legal acts of the Govern

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(C) the extent to which statutes, regula

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tions, rules, administrative and judicial deci

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sions, and other legal acts of the Government of

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without regard to citizenship, race, religion, po

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(G) the extent to which laws in Viet Nam

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(8) A description of projects funded by multilat

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(b) CONTACTS WITH OTHER ORGANIZATIONS.—In

2 preparing the report under subsection (a), the Secretary

3 shall, as appropriate, seek out and maintain contacts with

4 nongovernmental organizations and human rights advo

5 cates (including Vietnamese-Americans, human rights ad

6 vocates in Viet Nam), including receiving reports and up

7 dates from such organizations and evaluating such re

8 ports. The Secretary shall also seek to consult with the

9 United States Commission on Religious Freedom for ap

10 propriate sections of the report.

H.L.C.

AMENDMENT IN THE NATURE OF A SUBSTITUTE

TO H.R. 1587

OFFERED BY MR. SMITH OF NEW JERSEY

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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(a) SHORT TITLE.—This Act may be cited as the

3 “Vietnam Human Rights Act of 2004”. 4 (b) TABLE OF CONTENTS.—The table of contents for

5 this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

TITLE –CONDITIONS ON INCREASED NONHUMANITARIAN

ASSISTANCE TO THE GOVERNMENT OF VIETNAM

Sec. 101. Bilateral nonhumanitarian assistance.

TITLE I-ASSISTANCE TO SUPPORT HUMAN RIGHTS AND

DEMOCRACY IN VIETNAM

Sec. 201. Assistance.

TITLE III-UNITED STATES PUBLIC DIPLOMACY

Sec. 301. Radio Free Asia transmissions to Vietnam.
Sec. 302. United states educational and cultural exchange programs with Viet-

nam.

TITLE IV–UNITED STATES REFUGEE POLICY

Sec. 401. Refugee resettlement for nationals of Vietnam.

TITLE V-ANNUAL REPORT ON PROGRESS TOWARD FREEDOM

AND DEMOCRACY IN VIETNAM

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H.L.C.

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(1) The Socialist Republic of Vietnam is a one

party State, ruled, and controlled by the Communist

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Party of Vietnam (CPV), which continues to deny

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the right of citizens to change their government. Al

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and inefficiency, the National Assembly remains subject to CPV direction. The CPV maintains control

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over the selection of candidates in national and local

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elections.

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(2) The Government of Vietnam permits no

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public challenge to the legitimacy of the one-party

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State. It prohibits independent political, labor, and

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Hong Son, Tran Dung Tien, Father Nguyen Van

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Ly, Dr. Nguyen Dan Que, Nguyen Vu Binh, Pham

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