Identifier
Created
Classification
Origin
06HANOI11
2006-01-04 07:20:00
CONFIDENTIAL
Embassy Hanoi
Cable title:  

COMMUNIST PARTY PROPOSES CHANGES TO STATUTES,

Tags:  PROG PINR VM 
pdf how-to read a cable
VZCZCXRO1985
RR RUEHCHI RUEHDT RUEHHM
DE RUEHHI #0011/01 0040720
ZNY CCCCC ZZH
R 040720Z JAN 06
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC 0378
INFO RUEHZS/ASEAN REGIONAL FORUM COLLECTIVE
RUEHHM/AMCONSUL HO CHI MINH CITY 0271
C O N F I D E N T I A L SECTION 01 OF 08 HANOI 000011 

SIPDIS

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STATE FOR EAP/MLS, INR/EAP

E.O. 12958: DECL: 01/04/2015
TAGS: PROG PINR VM
SUBJECT: COMMUNIST PARTY PROPOSES CHANGES TO STATUTES,
INCLUDING WELCOMING CAPITALISTS

REF: A. 05 HANOI 2967

B. 05 HANOI 2063

C. 05 HANOI 256

HANOI 00000011 001.2 OF 008


Classified By: Ambassador Michael W. Marine per 1.4 (b),(d)

C O N F I D E N T I A L SECTION 01 OF 08 HANOI 000011

SIPDIS

SIPDIS

STATE FOR EAP/MLS, INR/EAP

E.O. 12958: DECL: 01/04/2015
TAGS: PROG PINR VM
SUBJECT: COMMUNIST PARTY PROPOSES CHANGES TO STATUTES,
INCLUDING WELCOMING CAPITALISTS

REF: A. 05 HANOI 2967

B. 05 HANOI 2063

C. 05 HANOI 256

HANOI 00000011 001.2 OF 008


Classified By: Ambassador Michael W. Marine per 1.4 (b),(d)


1. (C) Summary: In preparation for its National Congress
later this year, the Communist Party recently circulated for
discussion a number of proposed amendments to its statutes.
Post obtained a copy of these proposed changes.
Significantly, the Party is proposing to admit capitalists to
its ranks, expand its role to become the vanguard of the
entire nation (as opposed to just the working class),tighten
regulations combating corruption and increase Party control
over military Party committees. Missing from the proposed
changes is the (previously rumored) removal of
Marxism-Leninism as a Party tenet and the equivalent
elevation of Ho Chi Minh Thought as the Party's sole
foundation. End Summary.


2. (C) Post recently obtained from a local contact the
Communist Party of Vietnam's (CPV) proposed changes to its
governing Party Statutes (relevant selections from the Party
Statutes and proposed amendments are in paragraph 8; full
text of the statutes and proposed changes e-mailed to
EAP/MLS). These proposed amendments and supplements to the
statutes, marked "secret," were prepared last year for
discussion at provincial and local CPV congresses, the last
of which are scheduled to wrap up later this month. The
proposed changes will ultimately be approved or rejected at
this year's National Party Congress. There are several
significant proposed changes to the statutes. Among them:


3. (C) Opening the door for Party members to participate in
capitalist activities (and for capitalists to become Party
members). A proposed change to Article 1's language on
qualifications for Party membership spells out that Party
members who are in business (including "capitalist business
activities") must abide by Party Statutes and State law.
However, lest anyone think that this tacit approval of
capitalists' joining the ranks of the Party means that the
CPV has lost its revolutionary zeal, explanatory language
attached to the proposed statute changes notes that "allowing

capitalist activities does not equate with capitalism" and
"capitalist activities are necessary to achieving Vietnam's
goal of a socialism-oriented market economy." Furthermore,
proposed changes elsewhere in the Party Statutes specifically
prohibit "((capitalist)) exploitation of man by man."


4. (C) Expanding the CPV's representative mandate. A
proposed change in the Introduction's second paragraph
expands the CPV's role from "vanguard brigade of the working
class" to that of the "working class and the nation." While
small, the change reflects an attempt by the Party to widen
its appeal and strengthen a role in Vietnamese society that
some in the Party may fear is diminishing.


5. (C) Tightening Party regulations against corruption.
Extensive proposed changes in Articles 30 to 40, which cover
Party control, supervision and disciplinary actions, reveal
the depth of Party concern about corruption and mismanagement
among Party cadres. Perhaps no issue is of greater concern
to the Party than the impact of corruption on Party
legitimacy, and the strengthening of the Party Statutes in
this regard is an attempt to bolster public confidence in the
CPV and its ability to police itself.


6. (C) Increasing Party control over military party
committees. A set of likely controversial proposed changes
deals with the Party's day-to-day control over military and
security units. The Party Statutes currently require local
civilian Party officials to be members of the equivalent
military Party committees. However, proposed changes to
Article 27 require the local civilian Party chief to assume
the role of Party chief of the equivalent military unit.
Changes to Article 29 would require the local deputy Party
chief to assume a senior role in the equivalent public
security party cell.


7. (C) Comment: Significantly, absent among the proposed
changes is the (previously rumored) removal of
Marxism-Leninism as a Party tenet and the corresponding
elevation of Ho Chi Minh Thought as the sole foundation of
the CPV. That said, it is still possible that this change
will make its way into the Party Statutes' amendments
presented at the Party Congress. In addition to the draft
Party Statutes changes, Post also received a copy of the
Party's draft Political Report, which was also to have been
discussed at the local and provincial Party congresses. We

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will report septel on the draft Political Report and will
seek local reactions to the proposed changes outlined above.
End Comment.


8. (C) Begin select text of Party Statutes and proposed
revisions. Proposed changes are in double brackets. Full
text e-mailed to EAP/MLS.

Statutes of the Communist Party of Vietnam

Introduction: The Party and Fundamental Issues of Party
Building

Founded and trained by Comrade Ho Chi Minh, the Communist
Party of Vietnam (CPV) has succeeded in leading the people in
conducting the August Revolution that resulted in: the
founding of the Democratic Republic of Vietnam (now known as
the Socialist Republic of Vietnam); in winning various wars
of aggression; eradicating the colonialist and feudalist
regime; accomplishing the cause of national liberation and
reunification; carrying out the renovation process; building
socialism; and, firmly defending national independence.

The Party is a vanguard brigade of the Vietnamese working
class, a loyal representative of the interests of the working
class and working people and of the entire nation as a whole.

((Option 1: The Communist Party of Vietnam has the nature of
the Vietnamese working class, is a vanguard brigade of the
working class as well as the working people and the nation
and is a loyal representative of the interests of the working
class and working people and of the entire nation of Vietnam.

-- Option 2: The Communist Party of Vietnam is a vanguard
brigade of the working class, as well as the working people
and the nation of Vietnam.

-- Option 3: Keep the existing provisions.))

The goals of the Party are to build an independent,
democratic, prosperous and powerful Vietnam with an equitable
and civilized society and to successfully practice socialism
and ultimately communism.

((-- Option 1: The goals of the Party are to build an
independent, democratic, prosperous and powerful Vietnam with
an equitable and civilized society and to successfully
practice socialism and ultimately communism, and the
abolishment of the exploitation of man by man.

-- Option 2: Keep the existing provisions.))

The Party regards Marxism-Leninism and Ho Chi Minh Thought as
an ideological foundation and a beacon for its activities,
develops the fine traditions of the nation, absorbs the
intellectual quintessence of humanity and firmly grasps the
objective law and the contemporary trends and the country's
realities in order to come up with a correct political
platform and revolutionary line suitable to the people's
aspirations.

The Party is a close-knit organization, united in willpower
and action, considers democratic centralism as the
fundamental organizational principle, practices collective
leadership and individual accountability, self-criticism and
criticism, treasures comradeship, implements proper
discipline and preserves unity on the basis of the Political
Program and the Statutes of the Party.

((-- Option 1: The Party is a close-knit organization,
united in willpower and action, considers democratic
centralism as the fundamental organizational principle,
practices collective leadership and individual
accountability, self-criticism and criticism, treasures
comradeship, implements proper discipline and applies at the
same time the following regulations of principle:
self-criticism and criticism; preserves unity on the basis of
the Political Program and the Statutes of the Party;
maintains the close relationship with the people; the Party
operates within the framework of the Constitution and the law.

-- Option 2: Keep the existing provisions.))

The CPV is the ruling party. The Party attaches itself
closely to the people, respects and develops the latter's
right to be master and subjects itself to the people's
supervision. The Party depends on the people for its unit
building. It is duty-bound to unite and lead the people in
carrying out the revolutionary undertaking. The Party rules

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the political system and concurrently serves as a component
part of that political system. The Party leads the State and
respects and develops the role of the state, the Vietnam
Fatherland Front and various political and social
organizations. The Party operates within the framework of
the Constitution and laws.

((Proposed changes: The CPV is the ruling party, ((Delete:
The Party attaches itself closely to the people)) respects
and develops the people's right to be master and subjects
itself to the people's supervision. The Party depends on the
people for its unit building. It is duty-bound to unite and
lead the people in carrying out the revolutionary
undertaking. The Party rules the political system and
concurrently serves as a component part of that political
system. The Party leads the state and respects and develops
the role of the state, the Vietnam Fatherland Front, and
various political and social organizations. ((Delete: The
Party operates within the framework of the Constitution and
laws.))

--Option 2: Keep the existing provisions.))

The Party incorporates the genuine patriotism with the pure
internationalism of the working class and contributes
positively to the cause of peace, national independence,
democracy and social progress of the world's people.
The CPV is made strong politically, ideologically and
organizationally; to regularly renovate and rectify itself;
and to constantly improve its militancy and its ability to
lead the revolution.

Chapter I

Membership

Article 1:

-- 1. A member of the CPV is a revolutionary fighter in the
vanguard of the Vietnamese working class, who devotes his
(her) whole life to struggling for the goals and ideals of
the Party, places the interests of the Fatherland, working
class, and laboring people above that of individuals. He
(she) scrupulously implements the Political Program, the
Party Statutes and resolutions and State law. He (she) must
engage in labor and must refrain from exploitation,
satisfactorily fulfill his (her) assigned missions, observe
an ethical and wholesome lifestyle and maintain close
relations with the people. He (she) must be subject himself
(herself) to the Party's organizational discipline and
preserve unity and unanimity within the Party.

((-- Option 1: A member of the CPV is a revolutionary
fighter in the vanguard of the Vietnamese working class, who
devotes his (her) whole life to struggling for the goals and
ideals of the Party, places the interests of the Fatherland,
working class, and laboring people above that of individuals.
He (she) scrupulously implements the Political Program, the
Party Statutes and resolutions, and State law. He (she) must
engage in labor and ((Delete: Must refrain from
exploitation)) satisfactorily fulfill his (her) assigned
missions, observe an ethical and wholesome lifestyle and
maintain close relations with the people. He (she) must be
subject himself (herself) to the Party's organizational
discipline and preserve unity and unanimity within the Party.
A Party member who does private business (including
capitalist private business) must abide by the Party
Statutes, the State law as well as other regulations of the
Party.

-- Option 2: Keep the existing provisions.))

Chapter VI

Party Organizations in the Vietnam People's Army and the
Vietnam People's Security Forces

Article 27:

-- 1. Party committees in units of the regular forces and the
border guards shall be elected by the congresses at the
corresponding levels and shall exercise leadership over units
in all aspects at their respective level; in special cases,
they shall be designated by higher-level Party committees.

-- 2. A military zone Party committee shall be composed of
Party members working in the zone's Party organization and
elected by the congress at the corresponding level and the
secretaries of provincial and city Party committees in the

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areas covered by the military zone who are designated to
join; it shall exercise leadership over the implementation of
resolutions of higher levels, the tasks of building up the
all-people defense system and the people's armed forces; and,
coordinate with local Party committees in executing Party
lines and policies in the zone.

-- 3. Party organization in local military bodies and Party
organizations at various levels shall be placed under the
leadership in every respect of the local Party committees at
the corresponding level, while implementing resolutions of
the higher-level military Party committees on the all-people
national defense tasks and local military affairs.
Higher-level political bodies shall coordinate with local
Party committees in guiding Party affairs, political work and
mass mobilization in the local armed forces.

-- 4. The military Party committees of provinces, cities,
districts and towns shall include Party members working in
the local military Party organization and elected by the
congress at the corresponding level, the secretary of the
local Party committee, and a number of Party members working
outside the local military Party organization, but designated
to join in conformity with stipulations by the Central
Committee.

((-- Option 1: The military Party committees of provinces,
cities, districts and towns shall include Party members
working in the local military Party organization and elected
by the congress at the corresponding level, the secretary of
the local Party committee and a number of Party members
working outside the local military Party organization, but
designated to join. The secretary of the local Party
committee of provinces, cities, districts and towns shall
hold the post of secretary of the military Party committee at
the corresponding level. Where there are border guards, the
deputy secretary of the Party Committee, who is chairman of
the provincial people's committee, shall be designated to
join the standing board of the border guard Party committee
of provinces.

-- Option 2: The military Party committees of provinces,
cities, districts and towns shall include Party members
working in the local military Party organization and elected
by the congress at the corresponding level, the secretary of
the local Party committee and a number of Party members
working outside the local military Party organization, but
designated to join. The secretary of the local Party
committee of provinces, cities, districts and towns shall
hold the post of secretary of the military Party committee at
the corresponding level. Where there are border guards, the
deputy secretary of the Party Committee, who is chairman of
the provincial people's committee, shall be designated to be
responsible for the Party committee of provincial border
guards.

-- Option 3: The military Party committees of provinces,
cities, districts and towns shall include Party members
working in the local military Party organization and elected
by the congress at the corresponding level, the secretary of
the local Party committee and a number of Party members
working outside the local military Party organization, but
designated to join. The secretary of the local Party
committee of provinces, cities, districts and towns shall
hold the post of secretary of the military Party committee at
the corresponding level. Where there are border guards, the
standing deputy secretary of the Party Committee shall be
designated to be responsible for the Party committee of
provincial border guards.

-- Option 4: keep the existing provisions.))

Article 29:

-- 1. Local public security Party organizations are placed
under the direct and comprehensive leadership of the local
Party committee at the corresponding level and, at the same
time, are responsible for implementing resolutions of their
higher-level security forces Party committees on the
preservation of political security and social order and
safety. They shall exercise leadership over the building up
of local people's security forces and of pure and steadfast
Party organizations.

-- 2. Public security forces Party committees of provinces,
cities, districts and towns shall be elected by the congress
at the corresponding level and shall include a standing board
member of the Party committee of the province, city, district
and town who is designated to join.

HANOI 00000011 005.2 OF 008



((-- Option 1: Public security forces Party committees of
provinces, cities, districts and towns shall be elected by
the congress at the corresponding level and the standing
deputy secretary of the Party committee of province, city,
district and town shall be designated to join the standing
board of the public security forces Party committees at the
corresponding level.

-- Option 2: Public security forces Party committees of
provinces, cities, districts and towns shall be elected by
the congress at the corresponding level and the standing
deputy secretary of the Party committee of province, city,
district and town shall be designated to be responsible for
the public security forces Party committees at the
corresponding level.

-- Option 3: Public security forces Party committees of
provinces, cities, districts and towns shall be elected by
the congress at the corresponding level and the standing
deputy secretary of the Party committee who is chairman of
the people's committee of province, city, district and town
shall be designated to be responsible for the public security
forces Party committees at the corresponding level.

-- Option 4: keep the existing provisions.))

Chapter VII

The Party's Control Work and Control Commissions at Various
Levels

Article 30:

-- 1. Control constitutes one of the leadership functions of
the Party. Party organizations must conduct the control
work. Party organizations and Party members shall be subject
to the control by the Party.

((Proposed changes: Control and supervision constitute the
leadership functions of the Party. Party organizations must
conduct the control and supervision work. Party
organizations and Party members shall be subject to the
control and supervision by the Party.))

-- 2. Party committees at various levels exercise leadership
over the control work and organize the exercise of control
tasks to ensure that Party organizations and Party members
observe the Party's Political Program, Statutes, resolutions
and directives.

((-- Option 1: Party committees at various levels exercise
the leadership over the control and supervision work and
organize control and supervision tasks to ensure that Party
organizations and Party members observe the Party's Political
Program, Statutes, resolutions and directives.

Option 2: Keep the existing provisions.))

Article 32:

Control commissions at various levels shall have the
following tasks:

-- 1. To control Party members, including those of Party
committees of the same level, who show signs of violating
Party member standards and Party committee member standards
while performing Party members duties;

-- 2. To control lower-level Party organizations where there
are signs of violating observation of the Party's Political
Program, Statutes, resolutions and directives and
organizational principles and control the conduct of control
work and observation of discipline within the Party;

((-- Option 1: To add a new paragraph 3, as follows: &3. To
supervise Party committee member at the corresponding level,
officials who are under the management of the Party committee
at the corresponding level and lower-level Party committees
in their implementation of the Party policies and lines,
resolutions of the Party committee and their morality and
lifestyle as stipulated by the Central Committee;))

-- 3. To examine and draw conclusions on breaches of
discipline, decide on or recommend disciplinary measures to
Party committees;

-- 4. To handle denunciations against Party organizations and
members and handle complaints related to Party disciplinary

HANOI 00000011 006.2 OF 008


punishment;

-- 5. To audit the financial work of lower-level Party
committees and of the financial bodies of the same level.

Chapter VIII

Rewards and Disciplines

Article 35:

-- 1. Discipline-breaching Party organizations and Party
members shall be subject to fair, accurate and timely
disciplinary punishments.

-- 2. Forms of disciplinary measures:

For Party organizations: reprimand, warning, dissolution;

For full Party members: reprimand, warning, removal from
office, expulsion from the Party;

For probationary Party members: reprimand, warning.

((-- Option 1: Keep the existing provisions.

-- Option 2: Forms of disciplinary measures:

For Party organizations: reprimand, warning, dissolution;

For full Party members: reprimand, warning, removal from
office, temporary suspension of membership, expulsion from
the Party;

For probationary Party members: reprimand, warning.

Article 36:

Authority for disciplinary punishments against
discipline-breaching Party members:

-- 1. A Party cell can decide on reprimand or warning against
its own members.

((-- Option 1. Proposed changed: A Party cell can decide on
a reprimand or warning against its own members (including
Party committee members at various levels and Party members
who are under the management of the higher-level Party
committee) who violate political quality, ideology, morality
or lifestyle, and breach discipline while participating in
Party life and exercising the Party member's tasks (except
for those tasks that are assigned by higher-levels).

A grassroots Party committee shall decide on a reprimand or
warning against members of the grassroots Party organization,
and on removal from office of lower-level Party committee
members.

A grassroots Party committee authorized to decide on
admission shall be authorized to decide expulsions of Party
members, except for its own Committee members or Party
members who are officially under the management of
higher-level Party committees.

-- Option 2: keep the existing provisions.))

-- 2. A Party committee at provincial, city, district and
equivalent levels shall decide on disciplinary measures
against Party members and decide on a reprimand or warning
against members of Party committee of the same level. A
Party Committee Standing Board shall decide on various forms
of disciplinary measures against Party members and decide on
a reprimand or warning to Party members who are officials
under the management of higher-level Party committees but not
members of corresponding-level Party committee.

-- 3. The Party Central Committee shall decide on various
forms of disciplinary measures against Party members,
including those of the Party Central Committee and the
Political Bureau.
The Political Bureau and Secretariat shall decide on various
forms of disciplinary measures against Party members,
including those who are under the management of the Political
Bureau and Secretariat, but not members of the Party Central
Committee.

-- 4. Control commissions in rural or urban districts or
equivalent and higher levels shall decide on various forms of
disciplinary measures against Party members, but not members

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of corresponding-level Party committees, and decide on a
reprimand or warning against Party members who are under the
management of corresponding-level Party committees or members
of immediate lower-level Party committees.

-- 5. Higher-level Party committees and control commissions
shall be entitled to ratify, modify or abolish disciplinary
measures decided by lower levels.

-- 6. If the disciplinary measure of removal from office is
to be applied to a Party member holding many positions, one
or more positions shall be removed, depending on the degree
and nature of his offense.

Article 38:

-- 1. If a discipline-breaching Party organization and a
Party member do not fall under a certain level's authority
for jurisdiction, the cases shall be referred to an
authorized level for decision.

-- 2. In cases where a lower-level Party organization does
not take action or fails to take appropriate action against a
disciplinary-beaching Party organization and Party member, a
higher-level Party committee or control commission shall
decide on disciplinary measures in keeping its authority and
examine the responsibility of the Party organization in
question.

-- 3. Dissolution of a Party organization and expulsion of a
Party member shall be recommended by at least two-thirds of
the members of the lower-level Party committee and decided by
the authorized Party organization.

Article 39:

-- 1. A discipline-breaching Party member shall have to make
self-criticism before the Party cell and propose for himself
(herself) a disciplinary measure. If he (she) refuses
self-criticism or is under temporary detention, the Party
organization shall still consider disciplinary punishment.
In case of necessity, disciplinary measures shall be
considered and decide upon directly by the authorized Party
committee and control commission.

-- 2. A discipline-breaching Party organization shall have to
make self-criticism, propose a disciplinary measure for
itself and report this to the higher-level Party committee
for decision.

-- 3. Before deciding on disciplinary measures, the
representatives of the authorized Party organization shall
listen to the discipline-breaching Party member or
representative of the discipline-breaching Party organization.

-- 4. A disciplinary decision by a lower level against a
discipline-breaching Party organization or Party member shall
be reported to the Party committee and control commission of
its immediate higher level. If the Party member in question
takes part in various leading bodies of the Party, such a
report shall be addressed to the higher-level bodies in which
that Party member serves.

-- 5. A disciplinary decision by a higher level against
discipline-breaching Party organization and member shall be
reported to the lower level to which those organization and
member belong; in cases a wide notification is needed, the
decision shall be made by the authorized Party committee.

-- 6. Disciplinary measures against a discipline-breaching
Party organization and member shall go into effect
immediately upon announcement of the decision.

-- 7. A Party organization or Party member that disagrees
with the disciplinary decision shall be entitled, within one
month after receipt of the decision, to lodge a complaint to
higher-level Party committee or control commission up to the
Central Committee.

The settlement of complaints about disciplinary decision
shall be carried out as stipulated by the Central Committee.

((-- Option 1. Proposed changes: A Party organization or
Party member that disagrees with the disciplinary decision
shall be entitled, within one month after receipt of the
decision, to lodge a complaint to higher-level Party
committee or control commission up to the Central Committee.
The Party committee that is two levels higher than those that
issued the decision will have ultimate decision; the Party's

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Central Committee shall handle the complaint if it is lodged
by a Central Committee member. The settlement of complaints
about disciplinary decision shall be carried out as
stipulated by the Central Committee.

Option 2: keep the existing provisions.))

-- 8. Upon receiving a complaint against a disciplinary
decision, the Party committee or control commission concerned
shall acknowledge receipt of the complaint and shall, within
three months at the latest for the provincial, city, district
and equivalent level, and within six months for the central
level, consider and settle the complaint and notify the
plaintiff.

-- 9. Pending settlement of the complaint, the Party
organization or Party member subject to disciplinary
punishment shall have to implement strictly the disciplinary
decision.

End Select Text.
MARINE