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O 251030Z AUG 06
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 3185
INFO RUEHHM/AMCONSUL HO CHI MINH CITY 1705
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RUEHGV/USMISSION GENEVA SZ 1108
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UNCLAS SECTION 01 OF 02 HANOI 002179 
 
SIPDIS 
 
STATE FOR EAP/MLS AND EB/TPP/BTA/ANA 
STATE PASS USTR DAVID BISBEE 
USDOC FOR 4431/MAC/AP/OPB/VLC/HPPHO 
TREASURY FOR OASIA 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ECON ETRD WTRO VM
SUBJECT: NATIONAL ASSEMBLY CONSIDERS OPTIONS FOR IMPLEMENTING WTO 
COMMITMENTS 
 
 
HANOI 00002179  001.2 OF 002 
 
 
SENSITIVE - DO NOT POST ON INTERNET 
 
¶1. (SBU) Summary:  The Vietnamese National Assembly (NA) is making 
plans for its fall session, in which the first order of business 
will be to ratify Vietnam's WTO Accession Protocol.  The NA has not 
yet received detailed instructions from the Vietnamese government on 
changes in specific laws that would be needed in order to implement 
WTO commitments.  In anticipation of making such changes, however, 
the NA initially considered two options:  attaching an annex to the 
ratification resolution with a list of laws that the NA promises to 
amend in the 2007 spring session, or making the Accession Protocol 
self-enforcing.  Neither of these options would fully satisfy the 
concerns of the United States or others.  Now however, the NA 
leaders are considering passage of specific legal changes either in 
an omnibus law or as an appendix to the resolution ratifying the 
Accession Protocol.  End summary. 
 
NA Fall Session - First Business to Ratify WTO Accession 
---------------------------- --------------------------- 
 
¶2. (U) The National Assembly is seized with the issue of how to 
harmonize Vietnamese law with new commitments under WTO.  At one 
point there was some talk of calling a special National Assembly 
session to pass WTO-related legislation.  Given that multilateral 
discussions have not yet concluded and that the GVN has not yet 
submitted any concrete proposals to the National Assembly, a special 
session is now not considered practicable.  According to NA 
officials, the NA fall session is likely to last from October 17 to 
November 10, then break for ten days for APEC, and then reconvene 
from November 21 to December 5.  (Note: In Vietnam's legal system, 
the State President has full authority to ratify international 
agreements.  However, in about four or five cases, including the 
U.S.-Vietnam Bilateral Trade Agreement, former President Tran Duc 
Luong chose to transfer this authority to the NA.  Our contacts 
expect, with 95 percent confidence, that current President Nguyen 
Minh Triet will choose to do so with the WTO Accession Protocol. 
End Note.) 
 
Options for Implementing WTO Commitments 
---------------------------------------- 
 
¶3.  (SBU) NA leaders are trying to determine how to best handle any 
changes in laws needed to comply with the final Protocol.  They have 
not yet been given detailed suggestions on this matter by the 
government.  In the absence of direction, they anticipate that the 
first order of business will be approval for a "Resolution to 
Ratify" the WTO Accession Protocol.  This may be passed as early as 
October 19, if the current schedule holds.  This resolution, with 
the Protocol attached, would commit Vietnam to making all legal 
changes needed to implement the terms of the Protocol. 
 
¶4.  (SBU) NA leaders anticipate that changes to specific laws will 
be necessary, thus the NA's work will need to extend beyond merely 
ratifying the Protocol.  Initially fearing that there would not be 
enough time to develop and consider language for actual amendments 
in the upcoming session, NA leaders were considering two options: 
 
-- Option 1:  Attach an annex to the Resolution with a list of laws 
that the NA promises to amend in the 2007 spring session, after the 
NA and the GVN have had time to develop and consider specific 
language for the amendments. 
 
-- Option 2:  Make the Accession Protocol self-enforcing in line 
with the new Treaties Law, which would mean that the Protocol, or 
designated specific parts, would become Vietnamese law. 
 
¶5. (SBU) We understand that the NA leaders' thinking has since 
evolved.  They now consider that specific legal changes will be best 
made at the time of ratification.  Therefore, they are considering 
whether to: (a) append to the "Resolution on Ratification" a list of 
changes in specific laws; or (b) pass an omnibus law containing the 
actual changes.  Either alternative would be legally binding.  As 
noted above, NA leaders have still not received details from the 
government on specific legal changes required, but their 
understanding is that the number of changes that will have to be 
made will be relatively small and that there will be enough time for 
 
HANOI 00002179  002.2 OF 002 
 
 
the government to draft new language and explain the needed changes 
to the NA. 
 
Comment 
------- 
 
¶6.  (SBU) NA leaders want to express their strong political support 
for WTO accession through legislative action, but our contacts 
remains confused and somewhat concerned that they will not have time 
to do their part.  Multilateral discussions continue, which helps 
explain why the government has yet to start working with the NA on 
necessary changes.  This leaves the NA leaders to debate option and 
discuss process, and we will continue to track that debate.  It is 
encouraging that NA leaders now recognize the shortcomings of 
limiting their initial legislative moves to making promises of 
future actions over coming sessions. 
 
MARINE