LETTER FROM DIRECTOR OF CONSULAR DEPARTMENT BUI

UNCLAS HANOI 000267

SIPDIS

DEPARTMENT FOR CA, CA/OCS, CA/OCS/ACS/EAP, and EAP/BCLTV
HO CHI MINH CITY FOR CONS

E.O. 12958: N/A
TAGS: KOCI CVIS CASC PREL VM
SUBJECT: LETTER FROM DIRECTOR OF CONSULAR DEPARTMENT BUI
DINH DINH TO A/S HARTY: NOTIFICATION OF ARREST AND CONSULAR
DISTRICT ISSUES

(U) On January 19th, Post received a diplomatic note asking
that the following letter from Mr. Bui Dinh Dinh, Director
of the Consular Department, MFA be delivered to Assistant
Secretary for Consular Affairs, Maura Harty. The original

SIPDIS
was in Vietnamese only, and what follows is Post's informal
translation. The text of this letter has been transmitted
via email and is being repeated in this cable for more broad
dissemination. Please advise if the originals require
transmission to the Department via fax or pouch.

Begin text:
Dear Assistant Secretary Maura Harty,

At our recent meeting, we discussed openly and frankly a
number of consular issues in a cooperative and constructive
spirit.

I share your concern about the implementation of the Agreed
Minute between the Vietnamese Ministry of Foreign Affairs
and the U.S. Department of State (1994),which includes the
[requirements that] notification and authorization be
granted to representatives of each Mission Office to gain
consular access to passport holders of the respective
countries when they are arrested.

In the past, the Ministry of Foreign Affairs has
collaborated with the relevant Vietnamese agencies in
implementing the Agreed Minute, and has met as expeditiously
as possible [the requirement to] notify the U.S. Embassy or
Consulate General in Vietnam of the arrest or detention of
U.S. passport holders, and has also arranged for
representatives of the above-mentioned offices to gain
consular access to the [arrested or detained] individuals.
However, a number of the points included in the Agreed
Minute differ from stipulations of Vietnamese law on legal
procedures, and therefore the implementation [of such
points] requires coordination with other relevant Vietnamese
agencies. As a result, it was unavoidable that there have
been a number of cases [and/or] incidents that were not
processed within the agreed time; but these were just very
exceptional cases. We believe that in the future, the
Ministry of Foreign Affairs will coordinate with the
relevant Vietnamese agencies to ensure that the
implementation is in accordance with the agreement.

I am also very concerned about the implementation of this
Agreed Minute in the United States. In the past, [there
have been incidents in which] both the Vietnamese Embassy in
the United States and the Vietnamese Consulate General in
San Francisco have not been notified by the U.S. Department
of State of the arrests [and/or] imprisonment of Vietnamese
citizens. We request that the U.S. Department of State
continue its support for the implementation of the 1994
Agreed Minute and 1968 Vienna Convention, [and] notify the
Vietnamese Embassy in the United States and the Vietnamese
Consulate General in San Francisco within 96 hours of the
arrest of Vietnamese citizens and allow expeditious consular
access to arrested Vietnamese citizens.

The request of the United States regarding the expansion of
the consular district for the activities of the U.S.
Consulate General in Ho Chi Minh City is under positive
consideration by the relevant Vietnamese authorities on the
basis of reciprocity, with a view to promoting the
friendship and cooperative relations with authorities of the
southern provinces. I hope that I can inform you of the
result at the earliest possible opportunity.

Sincerely,
(signed)
Bui Dinh Dinh

End text.

MARINE