VZCZCXRO8630
OO RUEHCHI RUEHDT RUEHFK RUEHHM RUEHKSO RUEHPB
DE RUEHHI #0670/01 0812319
ZNR UUUUU ZZH
O 222319Z MAR 06
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1202
INFO RUEHHM/AMCONSUL HO CHI MINH CITY 0756
RUEHZS/ASEAN REGIONAL FORUM COLLECTIVE
RUEHZU/APEC COLLECTIVE

UNCLAS SECTION 01 OF 05 HANOI 000670 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL ETRD APEC PHUM AMGT OVIP CVIS CASC VM
 
SUBJECT: AMBASSADOR AND VFM LE VAN BANG DISCUSS WTO, HUMAN 
RIGHTS, APEC ARRANGEMENTS, BILATERAL ISSUES 
 
REF: A. Hanoi 551;  B. Hanoi 552; C. Ho Chi Minh City 289; 
¶D. Hanoi 582; E. Hanoi 638; F. 05 Hanoi 3259 
 
HANOI 00000670  001.2 OF 005 
 
 
¶1. (SBU) Summary:  The Ambassador focused on Vietnam's WTO 
entry, practical developments in our human rights 
discussions, possible Congressional visits and developments 
in the bilateral relationship over the next six months 
during a March 21 lunch with Vice Foreign Minister Le Van 
Bang.  VFM Bang confirmed that Minister of Trade Truong Dinh 
Tuyen plans to go to the United States in April and wants to 
close WTO negotiations during that visit.  The Ambassador 
responded that the timing of closing is up to the 
Vietnamese:  whenever they are ready to offer a "rock solid" 
agreement, the United States is ready to sign it.  Signing 
the agreement would begin the U.S. Congressional PNTR 
process, which will lead to debates on Vietnam's human 
rights record, the Ambassador and VFM Bang agreed.  With 
that in mind, Vietnam and the United States should work on 
practical short-term human rights steps. 
 
¶2. (SBU) Summary, cont'd:  The Ambassador and the VFM also 
discussed the possibility of a visit by Congresswoman 
Loretta Sanchez (D-CA) and related complications (based 
partly on the GVN's dissatisfaction with the December 2005 
visit of Congressman Chris Smith (R-NJ)).  The Ambassador 
briefed VFM Bang on his recent discouraging discussions on 
religious freedom with one provincial People's Committee 
Chairman in the Northwest Highlands, noting that provincial 
authorities in the Central Highlands and GVN officials in 
Hanoi have shown a more positive attitude towards the issue. 
VFM Bang confirmed that the GVN is restricting some visa 
issuances during the 10th Party Congress in April, and that 
the United States has been allocated hotel rooms for APEC in 
the Sheraton, Sofitel Plaza and Thang Loi hotels.  End 
Summary. 
 
¶3. (SBU) The Ambassador met March 21 with Vice Foreign 
Minister Le Van Bang and Deputy Director of the Americas 
Department Pham Van Que at a local hotel at the Ambassador's 
invitation.  The previous day, Bang had met with visiting 
Deputy National Intelligence Officer for East Asia Terrence 
Markin.  There was some overlap in the two conversations. 
VFM Bang started the conversation with the Ambassador by 
recapping his statements to Deputy NIO Markin about the need 
to "control" the Agent Orange issue.  "300,000 children are 
victims of birth defects in every district of Vietnam, and 
these children need daily care," he told Markin.  VFM Bang 
said he has discussed the issue with the business community 
in hopes of "finding some solutions to keep it from souring 
the atmosphere in advance of the President's visit."  The 
GVN will not ask the USG for assistance directly, and "we 
will keep it out of the press as much as possible."  The GVN 
will ask businesses and NGOs to make donations to disabled 
children and schools. 
 
WTO 
--- 
 
¶4. (SBU) VFM Bang told Deputy NIO Markin March 20 that 
Vietnam is looking to finish WTO negotiations and achieve 
Permanent Normal Trading Relations with the United States 
before November 2006 to "create a positive atmosphere in 
Vietnam" in advance of the President's visit.  Progress in 
the last round of negotiations is encouraging, and Vietnam 
is looking forward to further progress in the next round 
which will take place in Geneva in late March.  "Tiny 
political issues remain," VFM Bang said.  Vietnam hopes to 
formally close the bilateral negotiations during a planned 
visit by Minister of Trade Tuyen to Washington, DC in April. 
VFM Bang told the Ambassador that Vietnam believes that the 
United States wants to wait until June to close negotiations 
because that is when U.S. Trade Representative Portman will 
be in Ho Chi Minh City for the APEC Trade Ministerial. 
 
¶5. (SBU) The Ambassador informed VFM Bang that the United 
States is not wedded to any particular date for closing 
negotiations, and is ready to do so "as soon as Vietnam 
wants, as long as the agreement is on a firm commercial 
basis."  USTR is ready to close as early as this weekend if 
Vietnam presents a serious and acceptable agreement.  "We 
are not going to hold things up unnecessarily," the 
Ambassador said.  "The timing is in your hands." 
 
¶6. (SBU) VFM Bang was gratified to hear this, and noted that 
in his recent meetings in Washington he spoke with Senate 
and House of Representatives staffers and asked them to pass 
a Vietnam PNTR resolution as quickly as possible.  U.S. 
business community representatives told him that "we can get 
 
HANOI 00000670  002.2 OF 005 
 
 
PNTR easily if we have a rock-solid bilateral WTO 
agreement," VFM Bang reported.  The Ambassador agreed that 
it will be easier for Vietnam to get PNTR if the final 
bilateral agreement is built on a rock-solid foundation, but 
"there are issues that have to be solved."  The United 
States is willing to negotiate actively, and has offered new 
papers on automobiles and banking; however, Vietnam will 
also have to be proactive to close the negotiations with a 
good agreement.  For example, it will be necessary for 
Vietnam to address the perception that by giving zero 
percent tariffs to Chinese pork and beef products, Vietnam 
has advantaged China over U.S. pork and beef producers.  VFM 
Bang replied that Vietnam believes that both sides have the 
political will to finish negotiations, with the sole concern 
that if the business community wants something 
"extraordinary" beyond both WTO standards and what the 
Vietnamese have already granted to Australia, Canada and the 
EU, there might be some trouble.  The Ambassador assured VFM 
Bang that the outstanding issues on the U.S. side will not 
be surprises to Vietnam.  He cautioned VFM Bang that the 
United States will also consider the multilateral Working 
Party document in its PNTR decision.  VFM Bang said Vietnam 
understands this, and also that Vietnam's receiving WTO 
member treatment from the United States depends not only on 
acceding to the WTO but also on Congress granting PNTR. 
 
PNTR Will Trigger a Human Rights Debate 
--------------------------------------- 
 
¶7. (SBU) The Ambassador warned VFM Bang that the debate in 
the United States before the Vietnam PNTR vote will likely 
address issues beyond trade.  In particular, human rights 
will be considered.  VFM Bang said Vietnam is well aware of 
this, and that the issue is part of "step two" of Vietnam's 
WTO strategy, which includes the positive Human Rights 
Dialogue held in Hanoi in February, 2006 (Refs A and B). 
DRL Assistant Secretary Barry Lowenkron came away from the 
February dialogue "positive," but the United States is still 
looking for concrete progress to demonstrate that the 
Dialogue was results-based, the Ambassador stressed.  VFM 
Bang asked "hypothetically" what steps Vietnam could take in 
the short term that would have the strongest impact on the 
U.S. perception of Vietnam's human rights record.  The 
Ambassador answered that releasing high-profile political 
prisoners such as Pham Hong Son would make a strong impact. 
VFM Bang asked if the United States is prepared to accept 
Pham Hong Son if Vietnam frees him on the condition that he 
leaves Vietnam.  The Ambassador said that this would be up 
to Son to decide, but that a case could be made for his 
legal entry into the United States.  VFM Bang noted that 
Vietnam might also be able to consider granting a prison 
visit in accordance with USG requests.  He added that Do Van 
My, a prisoner of concern to the United States, is scheduled 
to be released imminently and may already have been 
released. 
 
¶8. (SBU) In addition to prisoner releases, the Ambassador 
said that progress on long-term human rights issues, such as 
Decree 31 and restrictions on the Internet, would be well 
received in Washington.  A clear signal that Vietnam takes 
these issues seriously and is ready to move to address them 
would add to the substance of the Human Rights Dialogue.  He 
advised VFM Bang that Congressman Chris Smith will be 
holding a hearing on Human Rights, including Vietnam, on 
March 29.  Administration officials will testify and will 
convey a "balanced" message on Vietnam, especially on 
religious freedom. 
 
Religious Freedom: Good and Less Good Results from Recent 
Travel to the Central and Northwest Highlands 
--------------------------------------------- ------------ 
 
¶9. (SBU) The Ambassador said he had good trips recently to 
the Central Highlands and the Northwest provinces of Son La 
and Hoa Binh (Ref C).  He said he came away from the Central 
Highlands believing that local officials understand the 
importance of the religious freedom issue and are willing to 
move forward on it.  The Son La trip, however, was less 
positive; though the religious community in Son La is 
significantly smaller than the community in the Central 
Highlands, believers there continue to face real problems. 
The Chairman of the Son La People's Committee said that 
there are "no believers," a dishearteningly untrue 
statement.  On the positive side, Chairman of the Religious 
Affairs Commission (CRA) Ngo Yen Thi has been in contact 
with the Embassy and has made encouraging statements about 
focusing on religious freedom problems in the Northwest 
Highlands (Ref D). 
 
HANOI 00000670  003.2 OF 005 
 
 
 
¶10. (SBU) VFM Bang said that the GVN leadership is trying to 
get the rest of the bureaucracy, at the central and 
provincial levels, to focus on religious freedom and ethnic 
minorities.  However, the GVN is still sorting out problems 
caused by some people in religious areas who mix religion 
and politics.  Specifically, VFM Bang singled out Father 
Nguyen Van Ly, who recently sent a public letter to the 
Australian Parliament urging the abolition of the Communist 
Party in Vietnam, and Buddhist patriarch Thich Quang Do, 
whose individual and family political activities go back 
many years. 
 
Vietnam Human Rights: Just like the United States. Sort of. 
--------------------------------------------- -------------- 
 
¶11. (SBU) Launching into a somewhat disjointed defense of 
Vietnam's current state of political development, VFM Bang 
urged the Ambassador to consider Vietnam as "a young country 
and society, just like the United States was immediately 
after independence from Britain."  Recently, Vietnam has 
experienced "more debate over ideas."  (And there should be 
more of that, the Ambassador interjected.)  In the 1950s, 
VFM Bang continued, the United States experienced 
McCarthyism, when many people were accused of being un- 
American.  Vietnam is in that period now, with some people 
quick to challenge the patriotism of anyone who questions 
official policy.  The GVN and the CPV see political 
instability in other states in Southeast Asia such as 
Thailand and the Philippines, and perceive that this has a 
negative effect on the economy.  "This cannot be tolerated," 
Bang said.  "We need a strong government to lead the economy 
and allow Vietnam to weather severe challenges, such as SARS 
and Avian Influenza."  A truly strong government, the 
Ambassador countered, must be able to accept criticism from 
any source and would be further strengthened by a robust and 
free NGO community and private press. 
 
¶12. (SBU) The United States should look at Vietnam in its 
own context, VFM Bang said.  "Our system is not different 
from yours, where you hold terrorists in Guantanamo Bay 
without trial and engage in wiretapping and surveillance of 
American citizens without court orders."  Changing tack, he 
shifted to a timeline defense of Vietnam's human rights 
policies: "Twenty years ago, no one would have suggested 
that we would have a market economy and that the Communist 
Party would admit businessmen, but here we are.  Maybe 
twenty years from now, we will be commenting about the 
equally surprising changes in the political system." 
 
¶13. (SBU) Leading Bang back to the present, the Ambassador 
noted that U.S.-Vietnam discussions on religious freedom and 
human rights "are not going to be over," even if the PNTR 
effort is successful.  There will continue to be issues and 
cases that our governments will have to address.  The 
crucial component of this interaction will be constructive 
and practical dialogue.  We need to work to ensure that the 
Human Rights Dialogue shows practical results.  With that in 
mind, the United States is still very interested in 
receiving a province-by-province breakdown of religious 
freedom developments as promised in the past.  A recent 
report provided to the Embassy by the CRA (Ref. E) was 
appreciated, but insufficiently detailed.  Another positive 
step the United States and Vietnam can take is to facilitate 
discussion and dialogue between the GVN and some of its 
fiercest critics in the United States Congress.  The visit 
by Congressman Chris Smith was a success in this regard (Ref 
F).  Another opportunity has emerged with the possible 
upcoming visit of Congresswoman Loretta Sanchez (D-CA), the 
Ambassador said. 
 
GVN Frustration with Rep. Smith and Worries about Rep. 
Sanchez 
--------------------------------------------- --------- 
 
¶14. (SBU) VFM Bang said he was very disappointed with the 
outcome of the Smith visit.  Smith had promised to work 
cooperatively with Vietnam on the issues of combating 
trafficking in persons (TIP), preventing abortion and 
promoting religious freedom.  Out of three issues, Smith had 
acted on only one (religious freedom) and done so in a 
negative way by making a statement urging the linkage of 
Vietnam's WTO entry with the human rights situation.  As a 
result, VFM Bang's superiors in the GVN have criticized him 
and questioned why Vietnam welcomed Congressman Smith's 
visit at all.  The Ambassador noted that to a passionate 
believer like Rep. Smith, progress on these important issues 
will always seem too slow.  Furthermore, the issue of 
 
HANOI 00000670  004.2 OF 005 
 
 
Congressional consideration of Vietnam's WTO entry through 
the PNTR vote will inevitably touch on Vietnam's human 
rights situation, something that the GVN should already 
recognize.  (Note: In his meeting with Deputy NIO Markin, 
VFM Bang acknowledged that Vietnam is aware of Congressional 
resistance to Vietnam's entry into the WTO, especially from 
Congressman Smith and Senator Sam Brownback (R-KS).  "We 
know we cannot please them, but we can give you the 
ammunition to fight for us.  We will make progress on 
religion, Montagnards, the Central Highlands, etc., to 
create a positive, conducive atmosphere between now and the 
end of the year," he pledged.  End Note.)  Preventing visits 
by critics such as Congressman Smith or Congresswoman 
Sanchez only gives them more of a reason to criticize 
Vietnam and reduces their exposure to the true situation, 
the Ambassador observed. 
 
¶15. (SBU)  Exasperated, VFM Bang protested that as a result 
of the Smith visit he had "taken fire from the front and 
from the back," facing criticism from Chris Smith directly 
and also from "conservatives" in Vietnam who questioned VFM 
Bang's judgment in encouraging the visit.  "I would rather 
just face criticism from Congressman Smith," VFM Bang said, 
"which is normal and expected.  You have to consider the 
Vietnamese domestic political situation as well."  The 
Ambassador told VFM Bang that the visit to Vietnam altered 
Congressman Smith's opinion and gave him a more realistic 
understanding of the situation that would, over time, be to 
Vietnam's benefit.  The same benefits will accrue from a 
visit by Congresswoman Sanchez.  She has proposed a visit 
from April 11-16, he added. 
 
Sanchez Visit: Not Before National Party Congress 
--------------------------------------------- ---- 
 
¶16. (SBU) "Oh dear me, no, no, no, no," VFM Bang replied. 
"The National Party Congress starts the 17th of April, so 
that is the most sensitive possible time.  She must come 
later."  VFM Bang conceded that Congresswoman Sanchez has a 
standing invitation to visit Vietnam from Vice Chairwoman of 
the National Assembly's Foreign Affairs Committee Madame Ton 
Nhu Thi Ninh, so the issuance of a visa is not really in 
doubt, but to ensure the visit is as successful as possible 
and does not result in negative consequences, it should be 
rescheduled for after the Party Congress.  The Ambassador 
suggested that the best thing the GVN could do is to explain 
to Congresswoman Sanchez that the April dates are not 
convenient and then suggest a specific alternative date 
consistent with the U.S. House of Representatives' probable 
recess periods.  In addition, the GVN could soften the blow 
of the postponement of the visit by agreeing in advance to 
Congresswoman Sanchez' request to see one or two high- 
profile prisoners of concern, such as Pham Hong Son or 
Nguyen Vu Binh.  Looking pained, VFM Bang noted that such a 
request would be "very sensitive." 
 
Ambassador: How About ESF, Peace Corps, PSI, Repatriation 
Agreement? 
--------------------------------------------- ------------- 
 
¶17. (SBU) Switching gears, the Ambassador said the United 
States is looking for practical evidence of our growing, 
beneficial bilateral relationship in advance of the 
President's November trip.  He highlighted the Maritime 
Agreement, which is proceeding, and raised the possibility 
of establishing a U.S. Peace Corps presence in Vietnam.  The 
Peace Corps would be an excellent addition to bilateral 
relations, and a significant number of high-level officials 
in the United States cooperated to recommend that Peace 
Corps come to Vietnam.  He urged VFM Bang to agree to allow 
a Peace Corps assessment team to come to Vietnam to discuss 
the issue.  VFM Bang said it is clear to him that high-level 
USG officials are enthusiastic about the program.  The GVN 
will consider the possibility carefully. 
 
¶18. (SBU) The Ambassador also noted that the U.S. Congress 
approved USD two million in ESF to be spent on the Central 
Highlands in Vietnam, and discussions of possible projects 
are ongoing.  The USG would like to see one or more projects 
up and running as soon as possible and will want to 
highlight this assistance during the President's trip.  Gia 
Lai and Kon Tum provincial officials are excited about the 
possibility, the Ambassador told VFM Bang.  The USG welcomes 
additional GVN ideas and suggestions. 
 
¶19. (SBU) In the lead-up to the President's visit, the 
Ambassador continued, it would be useful to see progress on 
a few issues of high importance to the United States. 
 
HANOI 00000670  005 OF 005 
 
 
Vietnamese endorsement of the Statement of Interdiction 
Principles of the Proliferation Security Initiative would be 
a very positive step, as would the Vietnamese acceptance of 
a repatriation agreement to handle the cases of Vietnamese 
citizens who are no longer eligible to live in the United 
States because of criminal convictions.  Another issue that 
needs to be addressed is the problem of the visa status of 
the additional staff members the USG needs to hire through 
the International Organization for Migration to work on 
Humanitarian Resettlement. 
 
Pre-Party Congress Visa Restrictions Confirmed 
--------------------------------------------- - 
 
¶20. (SBU) The Ambassador asked VFM Bang about recent reports 
that Vietnam would suspend or slow down visa issuance in the 
lead-up to the 10th Party Congress in April, and again in 
November during APEC.  VFM Bang confirmed that "there may be 
a slowdown" and agreed that a formal policy statement would 
be useful.  (Note:  MFA officers subsequently confirmed to 
Poloff that the MFA will reduce (and is reducing) visa 
issuances to "unannounced" and unsponsored travelers. 
"There will be no problems at the airport for visa holders," 
the MFA official said, "and there will be no problem 
applying for visas for sponsored travelers and those with 
invitations, as well as those applying through established 
tour and travel agent channels."  The GVN is tightening 
security in advance of the Party Congress and so wants to 
ensure that GVN officials have a point of contact in Vietnam 
for all foreign visitors.  This will make it difficult or 
impossible for independent travelers without specific 
Vietnam contacts to obtain visas during this "sensitive 
period," the MFA staffer acknowledged.  End Note.) 
 
APEC Prep: Hotels and Procedures 
-------------------------------- 
 
¶21. (SBU) A related issue, the Ambassador said, is 
preparation for APEC.  The United States needs an easier 
process for accreditation and visa issuance for APEC 
delegates, and needs that process to be explicit and 
transparent.  In addition, the United States is seeking 
confirmation that its hotel accommodation requirements will 
be met.  VFM Bang said the Sheraton in Hanoi has been 
allocated to the U.S. delegation in its entirety, as well as 
the Thang Loi Hotel.  He also said the Sofitel Plaza will be 
available.  (Note:  Two-thirds of the Sofitel Plaza has 
already been allocated to other delegations, and we have not 
received written confirmation of our allocation of the 
remaining rooms there.  Even with that confirmation, we 
remain 400-450 rooms short.  End Note.) 
 
MARINE