Vietnamese human rights defenders are subject to intimidation, threats, interrogation, harassment, arrest, arbitrary detention, ill-treatment and torture. According to the report by the Special Rapporteur on the situation of human rights defenders, “Defenders in Viet Nam include, amongst others, journalists, writers, religious leaders, farmers and peasants working on issues such as economic and social rights, democracy and human rights, labour rights, freedom of religion, land rights and minority rights”. The Vietnamese government commonly refuses to acknowledge them as human rights defenders and falsely accuses them of being criminal offenders.

Vietnam has failed to uphold its obligations in terms of guaranteeing the rights to freedom of expression, association and assembly. Human rights defenders, carrying out their legitimate and peaceful human rights activities, are often charged with offences under the national security legislation for their criticism of government policies or publication of articles in dissident journals or websites. All other political parties, apart from the ruling Communist Party of Viet Nam (VCP), and independent organisations are banned. Foreign non-governmental organisations can only register, with a domestic partner, on condition of a good relationship with the government authority. There is no independent, privately-run media – domestic newspapers, television and radio stations are strictly controlled by the state. Cyberspace is strictly controlled and restricted, and many online activists, lawyers, trade unionists and religious leaders were imprisoned after the pro-democratic online petition 'Manifesto on Freedom and Democracy for Vietnam 2006'.

There is also an ongoing pattern of the government using provisions from the Penal Code relating to national security to stifle human rights activities. Common charges against human rights defenders include “conducting propaganda” (Article 88), “spying” (Article 80) and “undermining the unity policy” (Article 87). In addition, legislation remains in force authorising the arbitrary detention of an individual without trial for up to two years.