Updated Feb. 27, 2025, 09:00 p.m. ET
BANGKOK – A court in Vietnam jailed a well-known writer for two-and-a-half years on Thursday, sources close to the family told Radio Free Asia.
Truong Huy San, 64, was convicted of “abusing democratic freedoms” in connection with his Facebook posts about current affairs, including the environment and corruption.
San, better-known as “The Winning Side” author Huy Duc, was found guilty under a vaguely worded article of the criminal code. He has been in detention since his arrest on June 7, 2024, in spite of international calls for his release without charge.
Between 2015 and 2024, San, “gathered information and documents, drafted, and posted numerous articles on his personal Facebook page - Truong Huy San (Osin Huy Duc). Thirteen of these articles allegedly infringed upon State interests and the rights and legitimate interests of organisations and individuals,” state media cited the indictment as saying.
“The posts attracted significant interaction, comments, and shares, negatively impacting public security and social order.”
San told the court he didn’t intend to oppose the ruling Communist Party or state when he posted the articles, state media reported, adding that he took responsibility for his actions and apologized to affected agencies, organizations and individuals.
In his final statement, San admitted breaking the law and asked the trial council to reduce his sentence “so that he could participate in social activities,” the Vietnam News Agency said.
San has not decided whether to appeal, a source, who didn’t want to be named due to the sensitive nature of the case, told RFA.
One Vietnamese journalist, who also requested anonymity, said the sentence was relatively light and could be grounds for optimism.
“This sentence is completely different from the speculations and judgments on social networks that journalist Huy Duc will serve a sentence of five to six years. I do not know if the Vietnamese government has now begun to show a tolerant attitude, or if there is another factor that makes them give Huy Duc a light sentence,” the journalist said.
Soldier turned writer
San joined North Vietnam’s volunteer army at 18, serving in Cambodia during Vietnam’s occupation of the country in the 1980s.
He then joined youth newspaper Tuoi Tre and also wrote for Thanh Nien, Dien Dan Doanh Nghiep, Nong Thon Ngay Nay, and Sai Gon Tiep Thi.
After falling foul of authorities, San switched to blogging on social media and writing books. In 2012, he published “The Winning Side,” which discussed history from the perspective of the 1954-1975 Vietnam War. The book is not openly available in Vietnam.
His Facebook page had more than 350,000 followers before it was taken down.
San wrote about environmental issues, the “blazing furnace” anti-corruption campaign championed by the late Communist Party General Secretary Nguyen Phu Trong, and corruption in the ministry of public security, headed at the time by To Lam, the current general secretary.
Speaking after the verdict, Asia Human Rights and Labour Advocates director Phil Robertson said San’s admission of wrongdoing and expressions of regret explained the shorter sentence but the court’s decision still showed that Vietnam was “systematically violating” the principle of freedom of expression.
“Vietnam’s widely spread net to criminalize critical comment on the Internet spares no one, regardless of the years of dedicated service in the military and government publications given by someone like author Truong Huy San,” he told RFA.
“Independence of the judiciary is a total joke in Vietnam because once the criminal charge is made, the guilty verdict and imprisonment are automatic. The only variables are how long the pre-trial detention period takes, and the length of the final prison sentence.”
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The government uses two articles of the criminal code to silence journalists and other critics.
Article 331 covers people accused of, “abusing democratic freedoms to infringe upon the interests of the state, lawful rights, and interests of organizations and/or citizens.”
Article 117 relates to “making, storing, spreading information, materials, items for the purpose of opposing the State of Socialist Republic of Vietnam.”
If found guilty, which critics invariably are, offenders can be jailed for up to 20 years.
U.S.-based pro-democracy group Freedom House rated Vietnam as “not free” in its Freedom in the World 2025 report, released a day before San’s trial. The country scored 4/40 for political rights and 22/100 on the group’s internet freedom index.
According to RFA statistics, Vietnam arrested 28 people on charges of “propaganda against the State” or “abusing democratic freedoms” for cyber activities last year.
Author Pham Viet Dao, who served 15 months in prison on similar charges to San, pointed out that in other countries people have the right to criticize public figures.
“In Huy Duc’s case, while a two and a half year jail term is relatively light, it was, in fact, a trial under duress. From a legal standpoint, when facing a trial, writers like him have no choice but to accept it. As for fairness, Vietnam still has a long way to go.” he told RFA.
Vietnam is holding at least 38 journalists, press freedom group Reporters Without Borders said in a December study.
“The articles of independent journalist Huy Duc are an invaluable source of information enabling the Vietnamese public to access censored information by the Hanoi regime,” said the group’s advocacy manager Aleksandra Bielakowska on Thursday.
“By handing this heavy prison sentence, the regime showed its contempt for press freedom, as well its determination in silencing independent voices that report on facts that are not in line with the regime’s propaganda. We call on the international community to step up the pressure on Hanoi to secure his release and of all journalists detained in the country.”
RFA Vietnamese contributed to this article.
Edited by RFA Staff.
Updated with comment from author Pham Viet Dao.