Vietnam Adoptions - GVN acknowledges growing problems and

UNCLAS SECTION 01 OF 02 HANOI 000132 SIPDIS SENSITIVE SIPDIS DEPT FOR CA/VO, CA/OCS/CI AND EAP/MLS BANGKOK FOR USCIS E.O. 12958: N/A TAGS: CVIS CASC CMGT KOCI VM SUBJECT: Vietnam Adoptions - GVN acknowledges growing problems and lack of oversight Ref: A) State 1834; B) Hanoi 117; C) Hanoi 106 ¶1. (U) This is an action request. See para 11 ¶2. (SBU) Summary: On February 1, the Ambassador met with Vice Minister of Justice, Hoang The Lien, to deliver the dipnote contained in ref A. The Ambassador also delivered a letter to the Minister of Justice requesting a legal opinion on the processing of pipeline cases under Vietnamese Decree 68 should a new MOA not be in place by September 1. In addition, the Ambassador expressed his concerns about the quality of Vietnamese adoption documents, provincial officials blocking consular investigations, and pressure put on women to relinquish their children (Ref B). Lien responded that Vietnam accepted the U.S. decision not to renew the MOA, and expressed his concern about the effects of large, unregulated, and illegal cash payments that U.S. Adoption Service Providers were giving to orphanages and local officials. Later in the day, ConOff meet with DIA director Vu Duc Long to discuss the issues above in greater detail. Long stated that local officials had a duty to block consular investigations, unless the visits were approved in advance and the officers were escorted by GVN officials. He further stated that DIA only conducts a paper review of adoption files, and has never found a document containing fraudulent information since it was established. End Summary. ¶3. (SBU) On February 1, the Ambassador met with Vice Minister of Justice, Hoang The Lien, to deliver the dipnote contained in ref A. The Ambassador also delivered a letter to the Minister of Justice requesting a legal opinion on the processing of pipeline cases under Vietnamese Decree 68 should a new MOA not be in place by September ¶1. The Ambassador noted that it was important to give adopting parents accurate information as soon as possible. The Ambassador also expressed his concerns about the quality of Vietnamese adoption documents, provincial officials blocking consular investigations, and pressure put on Vietnamese citizens to recant statements given to Consular Officers if those statements are cited in a Notice of Intent to Deny. In particular, he cited his concern over birth mothers who were summoned to Hanoi at their own expense after they told ConOffs that they had not released their children for 
international adoption. ¶4. (SBU) Lien responded that Vietnam accepted the U.S. decision, and that Vietnam would give a formal reply after they had time to review the note and the letter. He said that the Ministry is sending teams to inspect the adoption process and they had found areas for improvement. He was particularly concerned about the effects of large, unregulated, and illegal cash payments that U.S. Adoption Service Providers (ASPs) are giving to orphanages and local officials. Lien stated that the problem is complicated by the fact that GVN does not have the authority to regulate donations to orphanages and local governments. However, given the clear corrupting effect of these donations, the GVN is looking for solutions. In regard to consular investigations, Lien stated that he understood that U.S. Consular officers had to do their duty, but that it would be better if the Embassy could work in cooperation with local authorities. Lien stated that he would review the case cited by the Ambassador and would take action if there was any wrong doing. ¶5. (SBU) At this point, Dr. Long added that while he had requested the birth mothers come to Hanoi, DIA had not required them to pay for the trip. He stated that the ASP had been told to bring the women to Hanoi for the interview. Long noted that he had invited the Embassy to attend the meeting with the birthmothers, and the Embassy had declined to attend. Finally, he noted that the Embassy could not have a significant concern about these cases as immigrant visas had been issued to the children. The Ambassador reiterated U.S. concerns over the cases and replied that Long and ConOff could discuss these issues in detail during our afternoon meeting. ¶6. (SBU) ConOff met with Long a few hours latter. ConOff began by noting that Consular investigations had been blocked in several provinces and that if we were not able to complete investigations, we would not be able to issue visas to cases from these provinces. Long replied that the only way to ensure that there were not difficulties with consular investigations was for us to request permission in advance, allow local officials to schedule our meetings, and to be accompanied by local and DIA officials throughout the trip. Long added that provincial authorities were just doing their duty under the law when they blocked consular investigations. When ConOff asked which law was involved, Long acknowledged that there was no law against such trips, but that officials could block them to "preserve public order." Long stated that even DIA did not have the right to visit a province or meet with officials or private citizens with out permission from provincial authorities. He noted that meeting requests from DIA had HANOI 00000132 002 OF 002 been denied in the past. ¶7. (SBU) ConOff then asked Dr. Long about what procedures DIA takes to ensure the accuracy of documents submitted as part of an adoption dossier. Long stated that DIA trusts local officials do to a good job in preparing adoption related documents. As a result, DIA's only role is to make sure that the documents have the proper stamps and make sure that the facts within the documents support the classification under the law. As an example, Long said sometimes there is a request to classify a child as special needs, but the medical test is not recent enough to classify the child. In such a case, the file would be returned to the province for a new test. When asked by ConOff, whether DIA had ever found any fraud in any document submitted to it by any province or agency, Long replied that it had not. He reiterated that adoptions must be built on trust and verifying documents showed a lack of trust. ConOff replied that, on the contrary, verification was a good way to build trust. ¶8. (SBU) Long then reiterated his complaint that the Embassy is not working with DIA to ensure cases are processed smoothly. As an example he cited the Embassy's refusal to send a consular officer to observe his interview with the Muong birth mothers. ConOff reminded Long that the Embassy had asked that the interviews be held in a neutral place, with USCIS in attendance and with the prior consent of the birth mothers. The Embassy respectfully declined to participate when Long rejected this approach. ConOff then asked Long why DIA did not arrange the women's transportation to Hanoi. Long replied that DIA lacks funds to travel or to bring people to Hanoi for interviews. As a result, it is a normal practice to ask ASPs to make arrangements on DIA's behalf. (Note: It seems clear that Long did request the ASP to make the arrangements. However, it is also clear that either the ASP or their agent, Ms. The, made the birth mothers pay for their transportation. At the very least, DIA should have verified who paid for the travel. End note.) ¶9. (SBU) Comment: While it remains to be seen how the GVN will process pipeline cases, the meeting with the Vice Minister reinforced post's view that senior levels of the GVN are becoming concerned with the growing irregularities in the adoption process. Lien's frank admission regarding illegal cash payments from ASPs is a positive step. However, it also seems clear that for the moment the central government lacks the authority or the will to address this problem. At the same time, Lien was genuinely shocked to hear of the treatment of the Muong women, and post believes that he can be a significant player in moving the GVN to a new and better adoption law. ¶10. (SBU) By contrast, the meeting with Dr. Long was tense and highlighted DIA's displeasure that the Embassy is causing them to lose face by revealing the problems in the adoption system. Whether due to corruption or a lack of authority, it is clear that DIA is incapable of regulating adoptions in Vietnam. The admissions that they can not conduct independent enquiries and that they trust all documents they receive are particularly telling. Long continually push ConOff to trust DIA and stop verifications, something we obviously cannot do. End Comment ¶11. (SBU) Action request: Given that DIA has acknowledged that it does not independently verify adoption related documents, and given that they can not cite a case where they have found fraud in a document, post does not believe that DIA can improve the quality and integrity of adoption documents in Vietnam. Given that post verifications have shown that orphanage and provincial officials throughout Vietnam either rubber stamp documents that they know contain false information, or actively help create fraudulent stories to conceal adoption related information, post believes that it is necessary to make the addition to the reciprocity schedule regarding Vietnamese adoption related documents proposed in ref C. Post appreciates the Department's clearance and assistance in making this change. End action request. MICHALAK