VZCZCXRO9160
RR RUEHCHI RUEHDT RUEHHM
DE RUEHHI #2712/01 2980242
ZNR UUUUU ZZH
R 250242Z OCT 06
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC 3791
INFO RUEHHM/AMCONSUL HO CHI MINH 2027
RUEHZS/ASEAN REGIONAL FORUM COLLECTIVE

UNCLAS SECTION 01 OF 02 HANOI 002712 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS AND DRL/AWH 
 
E.O. 12958: N/A 
TAGS: PHUM PREL PGOV KIRF OTRA ECON VM
 
SUBJECT: MOJ VICE MINISTER TELLS A/S LOWENKRON 
GVN TO ABOLISH ADMINISTRATIVE PUNISHMENT DECREE 
 
 
HANOI 00002712  001.2 OF 002 
 
 
Summary 
------- 
 
¶1. (SBU) On October 19, Ministry of Justice Vice Minister Hoang The 
Lien told Assistant Secretary for Democracy, Human Rights and Labor 
Barry Lowenkron that a "political decision" has been made to abolish 
Administrative Decree 31 (which authorizes officials to impose 
punishments without due process).  Official repeal is now a 
procedural matter.  The Assistant Secretary urged the GVN to rescind 
the decree before APEC to ensure maximum global attention.  The Vice 
Minister stated that passing Permanent Normal Trading Relations and 
rescinding Vietnam's Country of Particular Concern (CPC) designation 
would advance relations.  He noted that many Protestant house 
churches in northern Vietnam have "chosen not to register."  The 
Ambassador pointed out that over 500 Protestant congregations have 
expressed an interest in registering and that now is the time for 
the GVN to act.  Lien said the GVN welcomes USG assistance in moving 
from rule "by administrative procedures" to rule by law.  End 
Summary. 
 
Decree 31 
--------- 
 
¶2. (SBU) On October 19, Assistant Secretary for Democracy, Human 
Rights and Labor Barry Lowenkron, accompanied by the Ambassador, met 
Ministry of Justice (MOJ) Vice Minister Hoang The Lien.  The Vice 
Minister informed A/S Lowenkron that the GVN has decided to abolish 
Administrative Decree 31.  (Note: In the past, the GVN has 
systematically invoked Decree 31 to arrest dissidents whom it says 
threaten national security.  Abolition of the decree had been one of 
the key issues on the agenda of the US-Vietnam formal human rights 
dialogue which resumed after a four year hiatus on February 2006. 
End note.)  Lien said a "political decision" has been made to repeal 
the decree because Vietnam is secure and stable and because "public 
opinion" demands this. 
 
¶3.  (SBU) Formally abolishing the decree is now a procedural matter, 
Lien continued.  The Office of the Government (the Prime Minister's 
office) has transmitted its "recommendation" to the National 
Assembly's Standing Committee (NASC) that the Decree be repealed. 
The NASC must now remove clauses on Decree 31 found in the NASC's 
ordinance on administrative probation for the decree to cease to 
exist as a law, Lien said.  (Note: The NASC passes most GVN 
legislation as ordinances.  However, these laws are not enforceable 
until the GVN issues implementing decrees, such as Decree 31, for 
the ordinances.  In effect, the revocation procedure reverses this 
process.  End note.) 
 
PNTR, CPC and Protestant House Churches 
--------------------------------------- 
 
¶4. (SBU) The Vice Minister told A/S Lowenkron that passage of 
Permanent Normal Trading Relations (PNTR) legislation and rescinding 
the Country of Particular (CPC) designation would advance 
U.S.-Vietnam relations.  In addition, the GVN looks forward to 
continued discussions on human rights so "U.S. citizens can gain the 
correct understanding of the situation in Vietnam," he said.  The 
A/S pointed out that PNTR and the Country of Particular Concern 
(CPC) designation are not linked.  The Department is doing all it 
can on PNTR, but its passage lies with Congress, A/S Lowenkron 
added. 
 
¶5.  (SBU) Lien said that the number of Protestants in northern 
Vietnam and the Northwest Highlands has grown considerably over the 
pas decade and that the GVN issued regulations to faclitate 
Protestant house church registration.  "Vitnamese citizens are 
guaranteed the right to pratice their religious beliefs.  It is up 
to the churches to register.  So far, only 20 churches have chosen 
to do this," the Vice Minister said.  The USG is evaluating how many 
Protestant churches the GVN has registered in the northwest, the 
Assistant Secretary replied.  He reminded the Vice Minister that, if 
the GVN demonstrates a commitment to increase the number registered 
in the north to around 100 Protestant congregations, the two sides 
could resolve the CPC issue amicably and "put it behind us."  When 
Lien claimed that all that was needed was for the congregations to 
actually signal their desire to register,  the Ambassador pointed 
out that, of the more than 1,000 house churches in northern Vietnam, 
over 500 have submitted their applications to register with local 
authorities and that now is the time for the GVN to act. 
 
Inching Toward Rule by Law 
-------------------------- 
 
¶6. (SBU) Lien warmly received the Assistant Secretary's offer of USG 
programmatic assistance in reforming Vietnam's criminal and civil 
procedure codes.  Hanoi is revising the code to meet the demands of 
international economic integration.  In the past, the GVN dealt with 
 
HANOI 00002712  002.2 OF 002 
 
 
IPR violations "through administrative procedures, but now we need 
to deal with them in court," the Vice Minister added. 
 
¶7. (SBU) Lien highlighted the fact that the MOJ is not responsible 
for prosecution of defendants.  On the contrary, the MOJ's most 
important function is to help the GVN to develop the nation's legal 
system and take part in the crafting of laws by other ministries. 
The MOJ also takes the lead in disseminating information and 
educating people about laws.  In addition, the ministry trains legal 
examiners, lawyers and judges and sets up networks of legal 
services, the VM added. 
 
¶8. (SBU) Assistant Secretary Lowenkron has cleared this message. 
 
MARINE