Vietnam To Prosecute Lawyer For Criticizing Judicial Actions
The People’s Court of Hanoi is set to hear the case of prominent lawyer Tran Dinh Trien on January 9, 2025. Tran, arrested on June 1, 2024, faces charges under Article 331 of Vietnam’s penal code for “infringing upon the interests of the state.” If convicted, he could face up to seven years in prison.
The indictment alleges that Tran published three Facebook posts between April 23 and May 9, 2024, criticizing then-Chief Justice Nguyen Hoa Binh of the Supreme People’s Court. The posts reportedly claimed that under Binh’s leadership, courts restricted family members from attending trials, banned journalists and lawyers from recording proceedings at open trials, and upheld controversial decisions, including a death penalty ruling against inmate Ho Duy Hai despite alleged investigative irregularities.
The court stated that Tran’s posts contained “untruthful and fabricated content” that “seriously offended the dignity and prestige of Chief Justice Nguyen Hoa Binh” and harmed the reputation of Vietnam’s judicial system.
Tran, the founder of the Vi Dan (“For the People”) Law Firm in 2006, has a history of high-profile legal work, including defending activist Cu Huy Ha Vu in 2011 and representing defendants in notable land dispute cases. He served as deputy chair of the Hanoi Bar Association from 2013 to 2018 and is known for his outspoken criticism of judicial and government actions.
Tran’s case is part of a broader crackdown on legal professionals and critics in Vietnam. In 2023 and 2024, several Vietnamese lawyers fled to the United States seeking asylum due to fears of arrest. Authorities have increasingly invoked Article 331 to silence dissent, with at least 24 convictions reported under this law in 2024 alone.
International legal standards, including the United Nations Basic Principles on the Role of Lawyers, affirm lawyers’ right to freedom of expression and public discourse on matters of law and justice. Advocacy groups have called on the Vietnamese government to drop the charges against Tran and others prosecuted for peaceful expression, urging respect for fundamental human rights and the independence of the legal profession.
