THE EVOLVING ROLE OF LOCAL LEGISLATURES

C O N F I D E N T I A L SECTION 01 OF 03 HANOI 002964

SIPDIS

STATE FOR EAP/BCLTV

E.O. 12958: DECL: 11/06/06
TAGS: PGOV PHUM VM DPOL
SUBJECT: THE EVOLVING ROLE OF LOCAL LEGISLATURES

REF: HANOI 2885


1. (U) CLASSIFIED BY ROBERT C. PORTER, JR., CHARGE
D'AFFAIRES, A.I., REASON: 1.5 (D)


2. (C) SUMMARY. THE GVN IS EMBARKED UPON A COURSE TO
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STRENGTHEN THE POWERS OF LOCAL LEGISLATURES BUT IS
HAMPERED BY ITS OWN TRADITION OF "DEMOCRATIC
CENTRALISM" AND BY RESOURCE AND PERSONNEL CONSTRAINTS
AT THE GRASSROOTS LEVEL. LOCAL OFFICIALS ARE PROUD OF
THE GREATER ROLES THEIR LEGISLATIVE BODIES HAVE GAINED
OVER THE PAST DECADE BUT ADMIT THAT LITTLE GENUINE
DEVOLUTION OF POWER IS IMMINENT. END SUMMARY.

HANOI'S VIEW ON DEVOLUTION
--------------


3. (U) THE 1992 SRV CONSTITUTION EXPLICITLY
DESIGNATES PEOPLE'S COUNCILS -- WHICH EXIST ON THE
PROVINCIAL, DISTRICT, AND TOWNSHIP LEVELS -- AS THE
"LOCAL ORGAN OF STATE POWER" REPRESENTING THE "WILL,
ASPIRATIONS, AND MASTERY OF THE PEOPLE." WHILE THEY
ARE MORE ACCURATELY REPRESENTATIVE BODIES RATHER THAN
LEGISLATIVE ENTITIES, THEY FIT INTO VIETNAM'S
LEGISLATIVE SYSTEM UNDER THE NATIONAL ASSEMBLY. THEIR
LOCAL COUNTERPARTS ARE THE PEOPLE'S COMMITTEES, WHICH
REPRESENT THE ADMINISTRATIVE POWER OF THE STATE ON
THESE SAME LEVELS. A 1994 "LAW ON ORGANIZATION OF THE
PEOPLE'S COUNCIL AND THE PEOPLE'S COMMITTEE" AND A 1996
"ORDINANCE ON THE CONCRETE TASKS AND POWERS OF THE
PEOPLE'S COUNCIL AND PEOPLE'S COMMITTEE AT EACH LEVEL"
FURTHER SPELLED OUT THEIR RESPECTIVE DUTIES VIS-A-VIS
LOCAL DECISION-MAKING AND SUPERVISION. A USD 1.3
MILLION UNDP PROJECT HAS BEEN UNDERWAY SINCE 1999 ON
"STRENGTHENING REPRESENTATIVE BODIES, WITH FOCUS ON
PROVINCIAL PEOPLE'S COUNCIL." ITS TARGET HAS BEEN
PRIMARILY HOW THIS GOAL MIGHT BE ACCOMPLISHED IN THREE
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PILOT AREAS -- HAIPHONG CITY, NGHE AN PROVINCE AND BINH
DUONG PROVINCE.


4. (C) IN ADVANCE OF AN OCTOBER 25-NOVEMBER 2 TRIP
ALONG NATIONAL HIGHWAY ONE TO DISCUSS THIS AND OTHER
ISSUES (SEPTELS) WITH PROVINCIAL OFFICIALS, POL/C MET
ON OCTOBER 23 WITH DR. NGUYEN SI DUNG, DIRECTOR OF THE
NATIONAL ASSEMBLY'S CENTER FOR INFORMATION, LIBRARY AND
RESEARCH SERVICES AND CONCURRENTLY THE COORDINATOR OF
THE UNDP PROJECT. DUNG CLAIMED THAT EVEN HO CHI MINH
HAD BEEN COMMITTED TO THE PRINCIPLE OF DEMOCRACY, BUT
ADMITTED THAT ONLY IN THE PAST DECADE HAS THE SRV BEEN
"RETURNING" TO THIS PRINCIPLE AND SEEKING TO ENHANCE
THE "RULE OF LAW," BASED ON THE 1992 CONSTITUTION AND A
GROWING LEGAL FRAMEWORK. HE NOTED THAT THIS PROCESS
WOULD "CLEARLY NEED TIME" AND WOULD NOT MIRROR THE US
SYSTEM, BUT WAS NONETHELESS NECESSARY TO MAKE VIETNAM
"MORE SUCCESSFUL" IN THE FUTURE. HE COMPARED VIETNAM'S
EFFORTS TO BALANCE ECONOMIC AND POLITICAL DEVELOPMENT
TO "RIDING A BICYCLE" -- EASY TO FALL OVER IF THE EXACT
BALANCE IS NOT MAINTAINED.


5. (C) DUNG NOTED THAT WHILE VIETNAM'S REPRESENTATIVE
DEMOCRACY WAS MORE INDIRECT THAN THE US MODEL, THE SRV
WAS NOW COMMITTED TO "PUTTING MORE SUBSTANCE IN THE
STRUCTURE" OF BOTH THE NATIONAL ASSEMBLY AND THE
PEOPLE'S COUNCILS. HE EXPLICITLY REFERRED TO THIS
PROCESS AS "DEVOLUTION OF POWER" (PHAN QUYEN),WITH THE
NATIONAL ASSEMBLY INCREASINGLY "SHARING" ITS POWER WITH
THE LOCAL COUNCILS. HE SAID THAT DILEMMA NOW -- WHICH
THE UNDP PROJECT HELPS TO ADDRESS -- IS HOW TO
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DETERMINE THE "BEST FORMULA" AND TIMING. HE CLAIMED
THAT THERE WOULD BE "CHAOS" IF THERE WERE A "LUMP SUM"
DEVOLUTION OF POWER, AND THAT CENTRAL AUTHORITIES
SOMETIMES EVEN HAD A HARD TIME "CONVINCING" LOCAL
AUTHORITIES TO ACCEPT GREATER RESPONSIBILITY. HE CITED
THE MAJOR CONSTRAINTS TO THIS PROCESS AS THE
AVAILABILITY OF FULL-TIME STAFF FOR THESE BODIES AND
THE CAPACITY OF THE DEPUTIES THEMSELVES.


6. (C) ACCORDING TO DUNG, LOCAL COUNCILS HAD
VIRTUALLY NO POWERS IN THE PAST, NOR DID THEY HAVE MUCH
ACCESS TO LOCAL REVENUES. PRIORITY EFFORTS NOW WILL BE
ON GRANTING PEOPLE'S COUNCILS MORE AUTHORITY,
ESPECIALLY OVER BUDGET AND PERSONNEL DECISIONS. HE
ADMITTED THAT THERE WAS A RISK THAT THE LOCALITIES
WOULD USE THIS INCREASED AUTHORITY "UNWISELY." HE
NOTED THAT THE PROCESS OF DEVOLUTION WAS NOT
IRREVERSIBLE IF EXPERIENCE SHOWED THAT IT HAD NOT BEEN
"SUCCESSFUL." FOR THE TIME BEING, HOWEVER, THE CLEAR
"HOPE" OF THE SRV WAS THAT DEVOLUTION WOULD CONTINUE
AND BENEFIT BOTH LOCAL AND NATIONAL INTERESTS.

VIEW FROM THE PROVINCES
--------------



7. (C) ACCORDING TO BINH THUAN PROVINCIAL CHAIRMAN
HUYNH TAN THANH, NO NEW POLICY OF "DEVOLUTION" WAS
UNDERWAY, ALTHOUGH THE PROVINCIAL PEOPLE'S COUNCIL HAD
BEEN GAINING MORE AND MORE AUTHORITY EVERY YEAR OVER
THE PAST DECADE. KHANH HOA PROVINCIAL CHAIRMAN PHAM
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VAN CHI NOTED THAT THE BASIC ROLE OF THE PEOPLE'S
COUNCIL REMAINED TO CONVEY THE OPINIONS OF "THE PEOPLE"
TO THE PROVINCIAL COMMITTEE. KHANH HOA PEOPLE'S
COUNCIL VICE CHAIRMAN DR. LE XUAN THAN SAID THAT WHAT
WAS UNDERWAY WAS NOT SO MUCH "DEVOLUTION" AS
"STRENGTHENING" (TANG CUONG) THE ROLE OF THE COUNCILS
SO THAT THEY CAN BETTER "ANSWER TO THE PEOPLE." HE
EXPLAINED THAT THE PEOPLE'S COUNCIL HAS HAD THE
RESPONSIBILITY OF EXAMINING AND APPROVING THE
PROVINCIAL BUDGET SINCE 1992, SUBJECT TO NATIONAL
ASSEMBLY REVIEW. BEGINNING IN 2002, HE SAID, THE
PROVINCIAL COUNCIL WILL HAVE EVEN MORE INDEPENDENT
AUTHORITY.


8. (C) THE VICE CHAIRMAN OF BINH DINH PROVINCE'S
PEOPLE'S COUNCIL SEPARATELY NOTED THAT "ELEVATING" THE
POWERS OF THE COUNCILS AT PROVINCIAL, DISTRICT AND
TOWNSHIP LEVELS WAS IMPORTANT, BUT HE MAINTAINED THAT
THEY TECHNICALLY HAD THE POWER TO "DECIDE" BUDGET AND
PERSONNEL ISSUES ALREADY. HE NOTED THAT THE COUNCILS
WERE MORE INTENT ON STRENGTHENING THEIR "INVESTIGATIVE"
ROLES, ESPECIALLY CONCERNING THE ACTIVITIES OR
DECISIONS OF THE PEOPLE'S COMMITTEES. (COMMENT: THERE
IS SOME OVERLAPPING OF SEATS, WITH SOME PEOPLE'S
COMMITTEE MEMBERS OR LEADERS SIMULTANEOUSLY SERVING AS
PEOPLE'S COUNCIL MEMBERS OR LEADERS, MAKING SUCH
ENHANCED OVERSIGHT FRAUGHT WITH DIFFICULTIES. END
COMMENT)


9. (C) QUANG NAM PROVINCIAL VICE CHAIRMAN HO THI
THANH LAM ALSO INSISTED THAT THERE WAS NO SIGNIFICANT
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CHANGE TO THE AUTHORITY OF THE PEOPLE'S COUNCIL
REGARDING BUDGETARY AFFAIRS, EXCEPT THAT REPORTING
REQUIREMENTS TO THE CENTER WERE FEWER NOW. THE VICE
CHAIRMAN OF QUANG BINH'S PROVINCIAL PEOPLE'S COUNCIL
NOTED, HOWEVER, THAT THE NATIONAL ASSEMBLY AND STATE
WERE COMMITTED TO "STRENGHTENING THE POWERS" OF THE
COUNCILS. HE ADDED THAT, BEGINNING IN 2002, THE
NATIONAL ASSEMBLY WOULD ONLY CONCERN ITSELF WITH THE
NATIONAL BUDGET AND WOULD ENTRUST BUDGETARY AUTHORITY
TO THE PROVINCIAL, DISTRICT, AND TOWNSHIP COUNCILS FOR
THEIR AREAS.


10. (C) NGHE AN PROVINCIAL VICE CHAIRMAN HOANG TY
SEPARATELY SAID THAT PEOPLE'S COUNCILS WOULD HAVE "MORE
POWER IN ALLOCATING FUNDS" BEGINNING IN 2002 BUT
MAINTAINED THAT THE COUNCILS ALREADY HAD THE LEGAL
RESPONSIBILITY TO APPROVE BUDGETS. HE NOTED THAT THE
COMPLEXITY ON THIS ISSUE STEMS IN PART FROM HAVING SO
MUCH OF LOCAL BUDGETS IN THE FORM OF SALARIES FOR
OFFICIALS -- WHICH ARE FIXED BY THE CENTER BUT
TECHNICALLY PAID OUT OF LOCAL BUDGETS -- OR MANDATED BY
THE CENTER FOR NATIONAL PROJECTS SUCH AS ROAD BUILDING
OR EDUCATION.

HOW THE PROVINCIAL COUNCILS ACTUALLY WORK
--------------


11. (U) LIKE THE NATIONAL ASSEMBLY, THE PROVINCIAL
COUNCILS ARE NOT FULL-TIME BODIES; ALMOST ALL
REPRESENTATIVES HAVE OTHER JOBS. THEY, AS WELL AS
THEIR COUNTERPARTS ON THE DISTRICT AND TOWNSHIP LEVEL,
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ARE EXPECTED TO SPEND TIME IN-BETWEEN MEETINGS TO
CANVASS LOCAL OPINION IN ORDER TO BE ABLE ACCURATELY TO
"EXPRESS THE WILL OF THE PEOPLE." THE NUMBER OF
REPRESENTATIVES IS BASED ON POPULATION SIZE AND IS
ADJUSTED EVERY FIVE YEARS, THE TERM OF OFFICE FOR
PROVINCIAL REPRESENTATIVES. THIS TERM IS NOT
CONCURRENT WITH THE NATIONAL ASSEMBLY, WHICH WILL HOLD
NEW ELECTIONS IN 2002. MOST PROVINCES ALONG ROUTE ONE
WILL HAVE THEIR NEXT ELECTIONS FOR PEOPLE'S COUNCILS IN

2004. MOST OF THESE PROVINCES HAVE BETWEEN 40-50
REPRESENTATIVES IN THE PROVINCIAL COUNCILS, ALTHOUGH
POPULOUS NGHE AN HAS OVER 80. PROVINCIAL OFFICIALS
UNIFORMLY CLAIMED THAT REPRESENTATIVES -- AT LEAST AT
THE PROVINCIAL LEVEL -- HAD HIGH EDUCATIONAL
QUALIFICATIONS, WITH VIRTUALLY ALL HAVING AT LEAST A
HIGH SCHOOL DEGREE AND A LARGE NUMBER WITH UNIVERSITY
BACKGROUNDS. THEY ADMITTED THAT THIS IS LESS TRUE AT
THE DISTRICT OR TOWNSHIP LEVEL, HOWEVER.


12. (U) PROVINCIAL OFFICIALS DESCRIBED HOW THE
ONGOING WORK OF PROVINCIAL COUNCILS IS CARRIED ON BY
THE CHAIRMAN AND VICE CHAIRMEN, WHO ARE NOT SUPPOSED TO
HOLD THE SAME POSITIONS IN THE PEOPLE'S COMMITTEE (A
CHAIRMAN OF A PEOPLE'S COMMITTEE COULD IN THEORY BE AND
OFTEN IN REALITY IS A VICE CHAIRMAN OF THE PEOPLE'S
COUNCIL, FOR EXAMPLE). IN MOST OF THE PROVINCES ALONG
ROUTE ONE, THE PROVINCIAL COUNCILS MEET ONLY TWICE A
YEAR. QUANG NAM'S PEOPLE'S COUNCIL BEGAN MEETING FOUR
TIMES A YEAR IN 2000, WITH "GOOD RESULTS," ACCORDING TO
PROVINCIAL VICE CHAIRMAN LAM. NGHE AN'S PROVINCIAL
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COUNCIL ALSO HAS BEGUN QUARTERLY MEETINGS. THE VICE
CHAIRMAN OF QUANG BINH'S PROVINCIAL COUNCIL CLAIMED
THAT THERE WAS OFTEN "HEATED DISCUSSION" AMONG
DELEGATES DURING ITS SESSIONS.


13. (U) ALL PROVINCIAL COUNCILS HAVE COMMITTEES ON
ECONOMIC AND BUDGETARY AFFAIRS; CULTURAL AND SOCIAL
AFFAIRS; AND JUDICIAL AFFAIRS. THOSE PROVINCES, LIKE
NGHE AN, WITH SIGNIFICANT ETHNIC MINORITY POPULATIONS,
ALSO HAVE A COMMITTEE ON ETHNIC AFFAIRS. THESE
COMMITTEES ARE MADE UP OF REPRESENTATIVES AND TYPICALLY
HAVE NO PROFESSIONAL OR FULL-TIME STAFF. ALL
PROVINCIAL COUNCILS HAVE A SUPPORT OFFICE, WHICH IN
MOST CASES IS SHARED WITH THE PROVINCIAL PEOPLE'S
COMMITTEE. OFFICIALS USUALLY CLAIMED THAT THIS SET-UP
TENDS TO IMPROVE EFFECTIVE COMMUNICATION BETWEEN THE
LEGISLATIVE AND ADMINISTRATIVE BRANCHES. QUANG BINH'S
PROVINCIAL COUNCIL SET UP A SEPARATE OFFICE IN 1994,
HOWEVER. MOST OFFICIALS ADMITTED THE NEED FOR MORE
SUPPORT PERSONNEL FOR THE COUNCILS, WHETHER IN A SHARED
OFFICE OR A SEPARATE OFFICE.


14. (C) NGHE AN PROVINCIAL VICE CHAIRMAN TY EXPLAINED
THAT A PRIMARY TASK FOR LOCAL COUNCILS IS TO "PROTECT
UNITY." TO DO SO NOWADAYS, HE NOTED, REQUIRED THAT THE
PEOPLE NEED TO "SEE MORE AND MORE LOCAL POWER," AND
THAT THE PEOPLE'S COUNCILS UNDERTAKE MORE MEASURES TO
"MAKE SURE THE VOICES OF THE PEOPLE ARE HEARD." HE
POINTED TO THE ONGOING "STRUGGLE" TO IMPROVE THE
QUALITY OF REPRESENTATIVES AND THEIR PERFORMANCE,
PARTICULARLY IN MINORITY AREAS. HE CLAIMED THAT
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PERHAPS LESS THAN A MAJORITY OF PROVINCIAL
REPRESENTATIVES WERE NOW PARTY MEMBERS, SINCE AN
UNEXPECTED NUMBER OF PARTY MEMBERS LOST THEIR SEATS IN
THE LAST ELECTION DUE TO POPULAR DISSATISFACTION ABOUT
THEIR SERVICE. HE INSISTED THAT PARTY MEMBERSHIP WAS
LESS IMPORTANT THAN THE ABILITY TO REPRESENT THE PEOPLE
ACCURATELY AND WELL. OTHER PROVINCES REPORTED THAT
AROUND 80 PCT OF DELEGATES ARE PARTY MEMBERS, A RATIO
SIMILAR TO THAT OF THE NATIONAL ASSEMBLY, ACCORDING TO
DR. DUNG.


15. (C) COMMENT: GRASSROOTS DEMOCRACY AS KNOWN IN
THE US IS NOT FLOURISHING IN VIETNAM. THE COMMUNIST
PARTY'S FIRM POLICY OF DEMOCRATIC CENTRALISM AND ITS
LENINIST STRUCTURE MAKE THIS PROSPECT UNLIKELY.
HOWEVER, SRV AND VCP AUTHORITIES APPEAR TO RECOGNIZE
THE GROWING NEED TO ENLIVEN THE EXISTING CHANNELS FOR
EXPRESSION OF LOCAL VIEWS, ESPECIALLY IN LIGHT OF
POPULAR AND OFFICIALLY ACKNOWLEDGED DISSATISFACTION
OVER CORRUPTION. CENTRAL AUTHORITIES ALSO INCREASINGLY
UNDERSTAND THE IMPOSSIBILITY AND NON-DESIRABILITY OF
THE CENTER ATTEMPTING TO MAKE ALL DECISIONS DOWN TO THE
GRASSROOTS LEVEL. THE ONGOING DEBATE OVER
CONSTITUTIONAL AMENDMENTS (SEPTEL) REFLECT THESE
REALITIES, AS WILL PREPARATIONS FOR THE 2002 NATIONAL
ASSEMBLY ELECTIONS. IN THE ABSENCE OF SUFFICIENT
RESOURCES -- INCLUDING INFORMATION TECHNOLOGY -- AND
WELL-TRAINED STAFF AND REPRESENTATIVES, STEPS TOWARD
MORE GENUINELY LOCAL AND TRULY REPRESENTATIVE DECISION-
MAKING WILL BE TIME-CONSUMING AND COMPLICATED. IT IS
ALSO FAR FROM CERTAIN THAT SENIOR LEADERS, ESPECIALLY
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VCP SECRETARY-GENERAL (AND FORMER CHAIRMAN OF THE
NATIONAL ASSEMBLY) NONG DUC MANH, HAVE A CLEAR VISION
OF THE EXACT OUTCOME THEY SEEK FROM THE NASCENT PROCESS
OF DEVOLUTION OF POWER TO AND/OR STRENGTHENING OF LOCAL
REPRESENTATIVE BODIES.
PORTER

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