However, there remain instances in which freedom and democracy are exploited to distort facts and undermine the Party, the State, and the political system. It is therefore essential to clearly distinguish between the legitimate exercise of rights and acts of abuse, while resolutely combating and preventing such violations in order touphold the rule of law and maintain social stability.
By their very nature, freedom and democracy are fundamental human rights that enable individuals to participate actively and equally in the management of political, economic, cultural, and social affairs. Yet rights must always be accompanied by obligations and responsibilities towards the common interests and development of society.
Today, the vast majority of Vietnamese citizens understand and properly exercise their democratic rights through their contributions to national development strategies, policy,and law-making processes; overseeing the activities of the political system; reporting wrongdoing, lodging complaints, combating social negativity; engaging in social criticism; and actively participating in socio-economic development while fulfilling their rights and responsibilities as citizens. As a result, Viet Nam has achieved remarkable progress, laying important foundations for confidently entering a new era of development.
Nevertheless, certain individuals and organisations have exploited these rights as tools to serve personal interests or misguided political agendas, acting against the Party, the State, and the interests of the nation. Such actors deliberately distort concepts and invoke “freedom of speech”, “democracy”, and “human rights” while taking advantage of gaps in legal awareness among some citizens who may not clearly distinguish between rights and obligations.
They have also abused the open information environment, particularly cyberspace, to disseminate fabricated and false information, distort the Party’s and State’s policies, encourage unlawful behaviour, disrupt public order and social security, and incite dissatisfaction, division, and actions that undermine national unity.
The methods employed are often sophisticated and difficult to detect. They frequently combine truthful information with falsehoods, mix genuine social issues with unfounded speculation and accusations, and exploit shortcomings or sensitive incidents in social management to exaggerate and distort reality. In doing so, they seek to manipulate public opinion in a negative direction. They also misuse concepts such as “social criticism” and “advocacy for democracy” to legitimise unlawful conduct, turning freedom of expression into a tool for attacks and misrepresentation.
Given the serious consequences that can result from abusing democratic freedoms, Viet Nam has established a comprehensive legal framework and strict penalties. Article 331 of the 2015 Criminal Code (amended and supplemented in 2017 and 2025) stipulates the offence of “abusing democratic freedoms to infringe upon the interests of the State and the lawful rights and interests of organisations and individuals”.
Offenders may face non-custodial reform for up to three years or imprisonment ranging from six months to three years for abusing freedoms of speech, the press, religion, belief, assembly, association, and other democratic rights to infringe upon State interests or the legitimate rights of organisations and individuals. Penalties of two to seven years’ imprisonment may be imposed where such acts seriously affect national security, public order, and social safety.
Thanks to the strict enforcement of the law and the public handling of cases involving serious abuses of democratic freedoms, the true nature of activities conducted under the guise of “social supervision”, “policy criticism”, or “promotion of freedom, democracy, and human rights” has gradually become clearer. Cases involving individuals such as Pham Doan Trang, Le Trung Khoa, and Nguyen Van Dai illustrate a recurring pattern: exploiting democratic freedoms to spread false information, distort the Party’s and State’s policies, and publish unverified content aimed at manipulating public opinion, thereby harming national security and the interests of the people.
In response to the lawful and transparent handling of such cases, hostile and reactionary forces have intensified activities on the ideological and media fronts. They deliberately misrepresent legal enforcement measures in Viet Nam as acts of “repression” or “suppression of freedom and democracy”, and propagate claims that Viet Nam does not respect or protect human rights. Such allegations are entirely baseless.
International legal practice demonstrates that Viet Nam and most democratic countries around the world have established legal safeguards against the abuse of democratic freedoms that harms communities or threatens national security.
Laws concerning defamation and libel in countries such as the UK, the US, and Australia; legislation against hate speech in many European nations; regulations targeting the dissemination of false information that causes public alarm in countries such as France and Germany; and laws protecting national symbols in countries including the US and India all reflect a universal principle: freedom and democracy are inseparable from responsibility and are subject to the rule of law.
It must be clearly affirmed that enforcing penalties against those who abuse freedom and democracy is fundamentally different from guaranteeing and promoting genuine freedom and democracy. On the one hand are unlawful acts that damage the common good and warrant appropriate punishment; on the other are the legitimate rights of citizens, exercised on the basis of respect for truth, compliance with the law, and recognition that rights go hand in hand with duties and responsibilities. This clear distinction forms the foundation for safeguarding substantive freedom and democracy while preserving social order, stability, and sustainable development.
It must be clearly affirmed that enforcing penalties against those who abuse freedom and democracy is fundamentally different from guaranteeing and promoting genuine freedom and democracy. On the one hand are unlawful acts that damage the common good and warrant appropriate punishment; on the other are the legitimate rights of citizens, exercised on the basis of respect for truth, compliance with the law, and recognition that rights go hand in hand with duties and responsibilities. This clear distinction forms the foundation for safeguarding substantive freedom and democracy while preserving social order, stability, and sustainable development.
There is an urgent need to implement comprehensive measures that both guarantee the meaningful exercise of democratic freedoms and effectively prevent their abuse.
These efforts should include strengthening education and public awareness so that citizens fully understand their rights and obligations, as well as the nature and consequences of acts that exploit democratic freedoms. Legal provisions governing the exercise of such rights should continue to be refined, with clearer definitions of prohibited conduct and corresponding sanctions.
The media should further enhance its role in guiding public opinion and countering false and hostile narratives, while modern technologies should be more effectively deployed to prevent and manage harmful information. In addition, any acts that exploit freedom and democracy to undermine the Party, the State, or the interests of the people must be detected promptly and dealt with strictly in accordance with the law.
