Identifier
Created
Classification
Origin
02HANOI1384
2002-05-30 10:26:00
CONFIDENTIAL
Embassy Hanoi
Cable title:  

VIETNAM: EFFECTING CHANGE WITH THE BTA AND

Tags:  ECON ECIN ETRD EAID PREL KJUS VM BTA 
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301026Z May 02


 2002HANOI01384 - CONFIDENTIAL
 
 
 
 CONFIDENTIAL PTQ9247

PAGE 01 HANOI 01384 01 OF 02 301039Z 
ACTION SS-00 

INFO LOG-00 AID-00 ANHR-00 TEDE-00 JUSE-00 STR-00 SAS-00 
 /000W
 ------------------B59E14 301039Z /38 
FM AMEMBASSY HANOI
TO SECSTATE WASHDC IMMEDIATE 6623
INFO ASEAN COLLECTIVE
DEPT OF JUSTICE WASHDC
USDOC WASHDC
DEPTTREAS WASHDC
C O N F I D E N T I A L SECTION 01 OF 02 HANOI 001384 

SIPDIS

STATE FOR DEPSEC ARMITAGE
STATE PASS USTR FOR HUNTSMAN/IVES/BRYAN
STATE PASS USAID FOR BALLANTYNE
JUSTICE FOR AAG VIET DINH

E.O. 12958: DECL: 05/30/12
TAGS: ECON ECIN ETRD EAID PREL KJUS VM BTA
SUBJECT: VIETNAM: EFFECTING CHANGE WITH THE BTA AND
TECHNICAL ASSISTANCE - THE CASE OF THE JUSTICE MINISTRY


C O N F I D E N T I A L SECTION 01 OF 02 HANOI 001384

SIPDIS

STATE FOR DEPSEC ARMITAGE
STATE PASS USTR FOR HUNTSMAN/IVES/BRYAN
STATE PASS USAID FOR BALLANTYNE
JUSTICE FOR AAG VIET DINH

E.O. 12958: DECL: 05/30/12
TAGS: ECON ECIN ETRD EAID PREL KJUS VM BTA
SUBJECT: VIETNAM: EFFECTING CHANGE WITH THE BTA AND
TECHNICAL ASSISTANCE - THE CASE OF THE JUSTICE MINISTRY



1. CLASSIFIED BY ECON/C CLAIRE PIERANGELO, REASONS 1.5 (D)


2. (C) INTRODUCTION AND SUMMARY: DURING RECENT MEETINGS AND
CONVERSATIONS WITH VIETNAMESE OFFICIALS, U.S. TECHNICAL
CONFIDENTIAL

PAGE 02 HANOI 01384 01 OF 02 301039Z
ASSISTANCE PROVIDERS, AND OTHER LEGAL AND ECONOMIC EXPERTS,
WE HAVE BEEN STRUCK BY THE FUNDAMENTAL CHANGES WE SEE
UNDERWAY THAT CAN BE DIRECTLY CREDITED TO THE NEED TO
FULFILL COMMITMENTS UNDER THE BILATERAL TRADE AGREEMENT
(BTA) AND WHICH ARE BEING MADE POSSIBLE WITH THE HELP USG
TECHNICAL ASSISTANCE PROGRAMS. THESE CHANGES ARE BUILDING
ON THE CHANGES UNDERWAY IN VIETNAM'S OVERALL ECONOMIC
REFORM EFFORTS. IT IS CLEAR THAT THE MISSION'S AND
WASHINGTON AGENCIES' WORK IS BEGINNING TO PAY OFF,
SOMETIMES IN OBVIOUS WAYS BUT ALSO IN MORE SUBTLE WAYS.
THIS CABLE FOCUSES ON THE LEGAL REFORM EFFORT AND THE
MINISTRY OF JUSTICE, IN PARTICULAR, HOW THE BTA HAS BECOME
A TOOL FOR THE MOJ TO EFFECT CHANGE WITHIN THE MINISTRY AS
WELL AS WITHIN THE GOVERNMENT. MINISTER OF JUSTICE NGUYEN
DINH LOC IS TRAVELING TO THE U.S. JUNE 1-8 FOR MEETINGS
WITH USG AND PRIVATE SECTOR OFFICIALS AS PART OF A JOINT
U.S.-VIETNAM TRADE COUNCIL-UNDP SPONSORED TRIP. A SEPARATE
CABLE WILL REPORT ON CHANGES UNDERWAY IN THE STATE BANK OF
VIETNAM. END INTRODUCTION AND SUMMARY.

THE BTA AS A TOOL OF CHANGE


3. (C) THE MINISTRY OF JUSTICE IS A NEW BODY, HAVING BEEN
ABOLISHED BY THE COMMUNIST GOVERNMENT IN THE LATE 1970'S
AND WAS ONLY RE-ESTABLISHED 10 YEARS AGO. MINISTER LOC HAS
BEEN AT THE HELM THROUGHOUT. MOJ'S POWER BASE AND POSITION
WITHIN THE GOVERNMENT STRUCTURE ARE SLOWLY EVOLVING. AT
THE RECENT MEETING OF THE U.S.-VIETNAM BILATERAL TRADE

AGREEMENT JOINT COMMITTEE IN HANOI, DELEGATION MEMBERS WERE
CLEARLY IMPRESSED BY THE WELL-PREPARED, PROFESSIONAL AND
FRANK PARTICIPATION BY MOJ OFFICIALS. EVEN MORE STRIKING
CONFIDENTIAL

PAGE 03 HANOI 01384 01 OF 02 301039Z
WAS THE CLEAR LINK THAT MOJ AND OTHER MINISTRIES' OFFICIALS
MADE BETWEEN THEIR WORK ON IMPLEMENTING THE LEGAL AND OTHER
COMMITMENTS IN THE BTA, THE HELP OF THE ONGOING USG
TECHNICAL ASSISTANCE PROGRAMS IN THESE AREAS, AND THE MORE
GENERAL LEGAL AND ECONOMIC REFORM EFFORTS UNDERWAY IN
VIETNAM TODAY.


4. (C) THE BTA, BY VIRTUE OF THE LEGAL COMMITMENTS IT
CONTAINS, IS BEING USED BY THE MOJ (AND OTHER MINISTRIES)
TO PROMOTE CHANGE WITHIN THEIR OWN ORGANIZATIONS. IT IS NO
COINCIDENCE THAT MOJ, PREVIOUSLY A MORIBUND AGENCY WITH
LIMITED AUTHORITY AND A LIMITED MANDATE, IS NOW IN THE
CENTER OF THE BTA IMPLEMENTATION EFFORT. CLEARLY THE
IMPLEMENTATION OF THE BTA AND THE INCREASED TECHNICAL
ASSISTANCE PROVIDED BY THE U.S. AND OTHER DONORS ARE
CONTRIBUTING TO THE GREATER ENTHUSIASM, COMPETENCE,
AUTHORITY, AND IMPORTANCE OF THE MOJ. THIS IS A POSITIVE
MOVE TOWARD THE RULE BY LAW IN VIETNAM.

NEW RESPONSIBILITIES FOR MOJ LEADING TO GREATER INFLUENCE


5. (SBU) DURING THE NEGOTIATIONS OF THE BTA, THE MOJ HAD
ONLY LIMITED INPUT. HOWEVER, AFTER THE BTA WAS SIGNED
(JULY 2000),THE PRIME MINISTER INSTRUCTED MOJ TO BEGIN A
REVIEW OF ALL LEGAL DOCUMENTS (LAWS, DECREES, ORDINANCES,
ETC.) IN ORDER TO IDENTIFY WHICH ONES NEEDED TO BE REVISED
IN ORDER TO MEET THE REQUIREMENTS OF THE BTA. AFTER THE
REVIEW, WHICH INCLUDED 148 LEGAL DOCUMENTS, MOJ SUGGESTED
REVISIONS TO 24, PROPOSED 39 NEW DOCUMENTS, AND RECOMMENDED
9 TO BE CANCELLED. MOJ HAS NOW BEEN ASKED TO REVIEW LOCAL
LEVEL LEGAL DOCUMENTS IN THE SAME MANNER. ALTHOUGH A
CONFIDENTIAL

PAGE 04 HANOI 01384 01 OF 02 301039Z
SIMPLE SOUNDING OPERATION, PRIOR TO THAT TIME MOJ HAD NOT
BEEN GIVEN AUTHORITY TO REVIEW LEGAL DOCUMENTS PROMULGATED
BY OTHER MINISTRIES AND HAD NO MANDATE TO REVIEW LEGAL
DOCUMENTS AT THE LOCAL LEVEL, EVEN IF JUST TO ENSURE
CONSISTENCY WITH NATIONAL LAW. MINISTRIES, AGENCIES,
PROVINCES, AND COMMUNES TRADITIONALLY CAN PROPOSE LAWS TO
THE NATIONAL ASSEMBLY AND ISSUE DECREES, ORDINANCES, ETC.
ON THEIR OWN AUTHORITY. SOME MINISTERIAL OR PROVINCIAL
DECREES AND ORDINANCES NEED THE PRIME MINISTER'S APPROVAL
BUT NOT NECESSARILY THE CLEARANCE OR CONCURRENCE OF OTHER
MINISTRIES OR AGENCIES. AT THE LOCAL LEVEL, OFTEN THERE IS
NO REVIEW OR APPROVAL PROCESS AT ALL. THIS LACK OF REVIEW
CONTRIBUTES TO OVERLAPPING, CONTRADICTORY, AND INCONSISTENT
LEGAL DOCUMENTS. THIS YEAR, MOJ WAS ALSO PUT IN CHARGE OF
A MAJOR EFFORT CALLED THE "LEGAL NEEDS ASSESSMENT", A 10-
YEAR PLAN ON THE FULL RANGE OF LEGAL REFORMS NEEDED IF
VIETNAM INTENDS TO INTEGRATE SUCCESSFULLY INTO THE REGIONAL
AND WORLD ECONOMY, INCLUDING POSSIBLE WTO ACCESSION. THIS
ASSESSMENT GOES BEYOND JUST BTA IMPLEMENTATION AND
ADDRESSES A WIDE RANGE OF LEGAL ISSUES IN VIETNAM.

CONFIDENTIAL

CONFIDENTIAL PTQ9249

PAGE 01 HANOI 01384 02 OF 02 301039Z
ACTION SS-00

INFO LOG-00 AID-00 ANHR-00 TEDE-00 JUSE-00 STR-00 SAS-00
/000W
-------------- B59E1D 301040Z /38
O 301026Z MAY 02
FM AMEMBASSY HANOI
TO SECSTATE WASHDC IMMEDIATE 6624
INFO ASEAN COLLECTIVE
DEPT OF JUSTICE WASHDC
USDOC WASHDC
DEPTTREAS WASHDC

C O N F I D E N T I A L SECTION 02 OF 02 HANOI 001384

SIPDIS

STATE FOR DEPSEC ARMITAGE
STATE PASS USTR FOR HUNTSMAN/IVES/BRYAN
STATE PASS USAID FOR BALLANTYNE
JUSTICE FOR AAG VIET DINH

THE VALUE-ADDED FROM USG TECHNICAL ASSISTANCE


6. (C) THE USG'S DAY TO DAY WORK ON LEGAL REFORM EFFORTS
CONFIDENTIAL

PAGE 02 HANOI 01384 02 OF 02 301039Z
IN VIETNAM IS NOT ALWAYS OBVIOUS TO OTHER DONORS OR THE GVN
BUT FROM WHAT WE ARE SEEING, WE BELIEVE THAT THE EFFECT IS
REAL AND GOES BEYOND THE MERE ECONOMIC. THE ISSUE OF
TRANSPARENCY IS A CASE IN POINT. THE GVN IS IN THE PROCESS
OF AMENDING ITS "LAW ON LAWS" ("THE LAW ON PROMULGATION OF
LEGAL DOCUMENTS") WHICH GUIDES THE OVERALL PROCESS FOR
LEGISLATION AND RULEMAKING IN ALL AREAS FOR VIETNAM. THIS
EFFORT HAS BEEN UNDERTAKEN AS A DIRECT RESPONSE TO THE
TRANSPARENCY REQUIREMENTS IN THE BTA. THE USG AT SEVERAL
LEVELS - EMBASSY, WASHINGTON AGENCIES AND USG-FUNDED
TECHNICAL ASSISTANCE - IS ACTIVELY PARTICIPATING IN THIS
EFFORT THROUGH CONSULTATION AND GUIDANCE. WHILE THE
EMBASSY'S AND WASHINGTON AGENCIES' EFFORTS ARE SIGNIFICANT,
PERHAPS THE BIGGEST BANG FOR THE BUCK COMES FROM THE
TECHNICAL ASSISTANCE PROVIDED THROUGH TWO USAID-FUNDED
PROGRAMS - THE STAR PROJECT AND U.S.-VIETNAM TRADE COUNCIL
PROGRAM. THESE PROGRAMS HAVE GIVEN US ADDITIONAL ACCESS
ROUTES TO THE GVN, ESPECIALLY IN SOME SENSITIVE AREAS. FOR
EXAMPLE, WE WERE ABLE TO OFFER ONLY GENERAL COMMENTS TO THE
GVN REGARDING OUR EXPECTATIONS FOR TRANSPARENCY PROVISIONS
IN THE AMENDED LAW ON LAWS, BUT WE WERE NOT ALLOWED TO SEE
THE DRAFT IN PROGRESS. HOWEVER, THE LEGAL DEPARTMENT OF
THE NATIONAL ASSEMBLY TURNED TO THE STAR PROJECT FOR
COMMENTS ON THE DRAFT AND GAVE STAR A COPY. THUS STAR WAS
ABLE TO COMMENT ON SPECIFICS OF THE LAW, IN PARTICULAR,
WHETHER THE PROPOSED AMENDMENTS GO FAR ENOUGH TOWARD
MEETING VIETNAM'S COMMITMENTS ON TRANSPARENCY UNDER THE
BTA. WHILE THAT LAW IS STILL A WORK IN PROGRESS, WE FEEL
CONFIDENT THAT ALL THESE EFFORTS WILL HAVE A POSITIVE
IMPACT ON THE FINAL LAW AND ON GREATER TRANSPARENCY IN
VIETNAM.
CONFIDENTIAL

PAGE 03 HANOI 01384 02 OF 02 301039Z


7. (C) ANOTHER IMPORTANT ASPECT OF OUR TECHNICAL ASSISTANCE
ON LEGAL REFORM ISSUES IS EXPOSING VIETNAMESE OFFICIALS TO
THE U.S. AND U.S. OFFICIALS. THE U.S.-VIETNAM TRADE
COUNCIL AND THE UNDP ARE JOINTLY SPONSORING THE U.S. VISIT
OF JUSTICE MINISTER LOC JUNE 1-8. LOC WILL BE ACCOMPANIED
BY SOME OF HIS BEST STAFF AND WILL BE LOOKING AT LOCAL
ENFORCEMENT ISSUES AS WELL AS DIVISION OF RESPONSIBILITIES
BETWEEN FEDERAL, STATE, AND LOCAL AUTHORITIES. THE LACK OF
CLEAR JURISDICTION AND DIVISION OF AUTHORITY IS A MAJOR
OBSTACLE TO LEGAL REFORM IN VIETNAM AND THIS VISIT WILL
HELP PROVIDE SOME NEW IDEAS ON HOW TO APPROACH THIS
DIFFICULT AND POLITICALLY SENSITIVE ISSUE.

CONCLUSION


8. (C) LEGAL REFORM IN VIETNAM IS AN ONGOING EFFORT, BUT
ONE IN WHICH THE BTA AND USG TECHNICAL ASSISTANCE ARE
PLAYING A POSITIVE AND IMPORTANT ROLE. THE MORE WE CAN DO
TO ASSIST VIETNAM IN THIS AREA, THE MORE WE WILL BE ABLE TO
INFLUENCE THE PACE AND DIRECTION OF REFORM, WHICH WILL HAVE
POSITIVE EFFECTS ACROSS THE LEGAL SPECTRUM.
PORTER

CONFIDENTIAL