VZCZCXRO8657
OO RUEHHM
DE RUEHHI #0132/01 0350948
ZNR UUUUU ZZH
O 040948Z FEB 08
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7115
RUEPICA/USCIS WASHINGTON DC IMMEDIATE
INFO RUEHHM/AMCONSUL HO CHI MINH 4243
RUEHBK/AMEMBASSY BANGKOK 6180

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