GVN Responds on Repatriation Agreement

UNCLAS HANOI 002582

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR EAP/MLS; L/EAP

E.O. 12958: N/A
TAGS: CASC CVIS KJUS PREL VM

SUBJECT: GVN Responds on Repatriation Agreement

Ref: A) Hanoi 1964; B) State 124911


1. (SBU) On October 6, Embassy received the GVN's response to the
draft repatriation agreement post delivered to the MFA on August 2
(Refs A and B). The GVN: seeks to replace the term "relevant
authorities/officials" with "competent authorities/officials;"
presented for USG consideration a standard form as provided for in
the agreement's Annex 2; and, requested that the language "all
documents and translation will be certified by the competent U.S.
authorities" be reinserted in Article 4(1). Full text of the GVN's
response is in paragraph 2. Post scanned and e-mailed the GVN's
proposed standard form to EAP/MLS.


2. (SBU) Begin text of GVN's response:

No. 704/LS-PL

The Consular Department of the Ministry of Foreign Affairs of the
Socialist Republic of Vietnam presents its compliments to the
Embassy of the United States of America in Vietnam and has the honor
to forward its reflects concerning the Draft Agreement on the
Readmission of Vietnamese Nationals (enclosed with the latter's
diplomatic note No 0790/06 on August 1, 2006) as follows:

-- 1. The Vietnamese side appreciates and does agree in substance
with the text revised by the U.S. side.

-- 2. As regards the Preamble of the draft Agreement (4th
paragraph),the words "relevant authorities" is used in the English
version, while the phrase "co quan co tham quyen" (competent
authorities) is used in the Vietnamese version; also in Article
5(3),the words "relevant Vietnamese officials" is used in the
English version, while "cac vien chuc Viet Nam co tham quyen"
(competent Vietnamese officials) is used in the Vietnamese one. For
the purposes of interpretation and implementation of this Agreement,
the Vietnamese side is of the view that the words "relevant
authorities" and "relevant officials" may have wider meaning that
that of "competent authorities" and "competent officials."
Therefore, in line with the context and purposes of this Agreement,
the U.S. side is invited to make its comments on a possible
replacement of the adjective "relevant" used in the Preamble and
Article 5(3) of the English version by the adjective "competent."

-- 3. The U.S. side has added a new provision in sub-paragraph 2 of
Article 4(1) of this Draft Agreement concerning standard forms to be
completed by a person concerned as provided in "Annex 2 of this
Agreement." Regarding this "Annex 2 of this Agreement," the
Vietnamese side has already drafted and enclosed it with this note
for the comment by the U.S. side. In addition to that, the U.S. is
also advised to preserve the existing provision phrased in the last
sentence of Article 4(1) stipulating that "all documents and
translation will be certified by the competent U.S. authorities" as
previously agreed in the earlier texts exchanged between the two
sides. If it appears that some modifications or clarifications
regarding this provision are nevertheless necessary to the U.S.
side, the Vietnamese side will be willing to have further discussion
with the U.S. side on this issue.

The Consular Department of the Ministry of Foreign Affairs of the
Socialist Republic of Vietnam avails itself of this opportunity to
renew to the Embassy of the United States of America in Hanoi the
assurances of its highest consideration.

Hanoi, October 3, 2006

End text of response.

ALOISI