POLITICS AT PLAY IN HCMC BAR ASSOCIATION RESHUFFLE

C O N F I D E N T I A L SECTION 01 OF 02 HO CHI MINH CITY 000169 SIPDIS E.O. 12958: DECL: 3/9/2019 TAGS: PREL PGOV PHUM VM SUBJECT: POLITICS AT PLAY IN HCMC BAR ASSOCIATION RESHUFFLE REF: (A) 2008 HCMC 705 (B) HANOI 202 (C) 2008 HCMC 988 HO CHI MIN 00000169 001.2 OF 002 CLASSIFIED BY: Kenneth J. Fairfax, Consul General, EXEC, State. REASON: 1.4 (b),(d) ¶1. (C) Summary: The battle between the Ministry of Justice and the HCMC Bar Association over the establishment of a new National Bar Association (NBA) has ended in a truce, of sorts, with HCMC Bar Association President Nguyen Dang Trung staying in place and Vice President, prominent human rights lawyer Le Cong Dinh, stepping down (ref A). The political deal struck by Trung and Minister of Justice Ha Hung Cuong will clear the way for the national steering committee to establish the NBA under the leadership of Party-appointee Le Thuc Anh, whom the HCMC Bar Association opposed due to his lack of legal experience. End summary. ¶2. (C) HCMC Bar Association president Nguyen Dang Trung said his "fierce battle" with Hanoi over the politicization of the National Bar Association has been resolved, with Trung being allowed to keep his job and the politically motivated investigations into his finances and business practices now halted. In exchange, Trung has acceded to demands from Minister of Justice Ha Hung Cuong that Trung stop his efforts to block the appointment of former Supreme Court judge Le Thuc Anh as head of the new association. In addition, the HCMC Bar had to agree to move human rights lawyer Le Cong Dinh out of his role as Vice President. Despite this, Trung denied having to make any "serious trade offs," noting that while Dinh agreed not to run for VP during the Bar's 5th Congress in December, Trung appointed him the head of a new center for legal studies (ref B). ¶3. (C) In discussions with PolOff on March 6, Dinh seemed happy with the compromise, noting the relative freedom of his new role as well as his relief that Trung will be able to continue on as Bar President. Dinh also noted that it was HCMC Deputy Party Secretary Dua--the current darling of the Poliburo hardliners--who negotiated the deal with Trung (ref C). Dua's involvement supports Trung's comment about having support from "the city" in his battle with Cuong over Le Thuc Anh's appointment. ¶4. (C) While Anh's ascendancy to the new NBA is now unopposed, Trung continues to harbor misgivings, noting he was "extremely disappointed" with Anh's limited experience as a professional lawyer and lack of background on Vietnam's international integration issues. This was the reason the HCMC Bar denied Anh's application for membership last year, forcing Anh to apply in neighboring Ba Ria-Vung Tau province in order to be eligible for promotion to the national steering committee overseeing the establishment of the NBA. ¶5. (C) Trung said he would "take a shot" at working with the steering committee, but affirmed he would not give up his principles. Ever defiant, Trung said he would quit if Hanoi refused to work on his terms and "let [the NBA] become tea-drinking generals without an army" since over half of Vietnam's lawyers live and work in HCMC. Trung said the future belongs to "talented, intelligent" lawyers like Le Cong Dinh, and hopes to move Dinh up in the ranks when the time comes, noting "bravery is not the same as taking unnecessary risks." Dinh was enthusiastic about the establishment of the new legal studies center, which he envisions becoming a research institution as well as a think tank. The center is currently looking at upcoming legislation on administrative reform and ways improve the transparency and efficiency of the administrative process for the public, which could have a significant impact on issues like the GVN's land use and clearance policy. Dinh also hopes to establish ties with regional and international legal centers to exchange ideas and gain expertise on constitutional law, an issue Dinh sees as central to Vietnam's legal reform efforts. New HCMC Bar Lineup -------------- ¶6. (SBU) The 5th HCMC Bar Association Congress in December saw the re-election of several long-term legal experts as well as new up-and-comers in the corporate legal world. The re-elected Bar VP's are: --Mr. Bui Quang Nghiem (a CPV member and human rights advocate) --Mr. Trinh Van Ba --Mr. Nguyen Van Hoa --Mr. Tran Anh Tuan --Mr. Nguyen Van Trung --Ms. Tran My Thoa The new Bar VP's are: --Mr. Truong Trong Nghia (former head of HCMC Investment Trade Promotion Center) --Mr. Trang Cong Ly Tao (respected corporate and criminal lawyer HO CHI MIN 00000169 002.2 OF 002 who has authored articles on democracy for BBC's Vietnamese news service) --Ms. Phan Thi Hong Diem (rising star in IPR law) --Mr. Nguyen Hai Nam (head of Biz Law, one of HCMC's premiere corporate law firms) The Congress also chose 56 delegates to attend the National Lawyer's Congress in Hanoi. ¶7. (U) This cable was coordinated with Embassy Hanoi. FAIRFAX