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FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC PRIORITY 4544
INFO RUEHHM/AMCONSUL HO CHI MINH 2476

UNCLAS SECTION 01 OF 04 HANOI 000239 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV AMGT PREL CMGT KFRD VM
SUBJECT: HCMC CONSULAR DISTRICT: GVN ASSERTS RIGHT TO CONTROL CONGEN 
CONTACTS 
 
REF: A) 06 HCMC 1483; B) 06 HCMC 246; C) 2/12/97 ANDERSON LETTER; D) 
 
2/20/97 PHUC LETTER 
 
¶1.  This is an action cable for EAP and L/EAP.  Mission Vietnam 
requests Department approval of a draft diplomatic note in para 10. 
 
¶2.  Summary:  In recent interactions, GVN officials -- citing the 
1963 Vienna Convention on Consular Affairs -- are challenging the 
right of Consulate General Ho Chi Minh City officers to meet with 
Vietnamese citizens without explicit prior permission.  The GVN 
justification for this position also highlights our long-standing 
bilateral disagreement over the extent of the HCMC consular district 
and treats the two as related issues.  This cable reports our most 
recent exchanges and requests Department approval of the text of a 
diplomatic note we would like to present to the GVN, which would 
give USG positions on both the extent of the ConGen HCMC consular 
district and our consulate officers' right to meet with Vietnamese 
citizens.  Septel will propose a medium-term strategy to address the 
consular district issue in conjunction with our desire to establish 
APP Danang and Vietnam's parallel interest in expanding its consular 
presence in the United States.  End Summary. 
 
¶3. (SBU) In a diplomatic note dated January 17, 2007, the Ho Chi 
Minh City (HCMC) External Relations Office (ERO) again complained 
about Consulate General meetings with private Vietnamese citizens 
outside of HCMC both without the ERO's explicit prior approval and 
without GVN representatives present.  According to the GVN, under 
the Vienna Convention, it must approve and determine conditions for 
any activity "outside of our recognized consular district," which -- 
the GVN asserts -- is limited to the municipality of HCMC.  The 
January 17 note responds to a January 11 note we sent after an 
initial GVN complaint on January 4 about a trip to Dong Nai Province 
in December 2006.  On that trip, we sought private meetings with the 
local bishop and the family of two imprisoned political activists 
(Ref A).  Our response to the initial note was drawn from 
Department-cleared language from a similar exchange in 2006.  (Texts 
of these three notes are presented in para 9 below.) 
 
¶4.  (SBU) As background, on February 12, 1997, Charge Desaix 
Anderson presented a letter concerning the establishment of ConGen 
HCMC in which he expressed the understanding of the USG that 
"subject to notification of the authorities of the receiving state 
in each case, personnel assigned to the United States Consulate 
General Ho Chi Minh City may perform official duties in Thua Thien 
Province and all Socialist Republic of Vietnam territory southward 
in the same manner as official duties performed in Ho Chi Minh 
City."  On February 20, 1997, MFA Assistant Minister Bui Hong Phuc, 
responding to Anderson's letter, stated that, "regarding consular 
activities outside consular district, on a case by case basis when 
need arises, after the sending country notifies the receiving 
country and receives confirmation from the sending country, consular 
officers of the Consulate General of the sending country may perform 
consular functions outside its consular district."  The letter also 
stated that the consular district of ConGen HCMC is limited to that 
city. 
 
¶5. (SBU) The GVN has sought periodically to restrict access by 
consulate officers to pursue visa fraud investigations outside HCMC 
(Ref B).  This is the first time in the last three years, however, 
that the GVN has claimed formally that we cannot hold meetings 
outside of HCMC without the explicit approval of, and possible 
attendance by, local authorities.  (In 2004, ConGen personnel were 
physically blocked from driving to the Central Highlands following 
the disturbances at Easter.)  The DCM discussed the January 2007 
exchange of notes concerning the Dong Nai visit with MFA Americas 
Department Director General and staff.  GVN officials reiterated 
that the GVN view is that the consular district of ConGen HCMC is 
limited to HCMC only and that this creates distinctions in the way 
that local authorities interact with ConGen officials operating "out 
of district." 
 
¶6.  (SBU) In separate discussions with GVN officials in HCMC, these 
officials argued that the Vienna Convention makes no distinction 
between official and private Vietnamese.  All USG access to 
Vietnamese citizens must be done with the "consent of the receiving 
state" in the GVN view.  The ERO officials also made note of the 
fact that the meetings in question took place outside the 
"recognized consular district."  In the GVN view, the exchange of 
letters required that the GVN approve of any USG program outside of 
HCMC.  ERO officials said that by "contact," they mean any form of 
communication with Vietnamese citizens, including phone 
conversations, letters and meetings.  ConGen HCMC officials 
immediately rejected this interpretation, stressing that the 
Consulate General routinely provides timely notification in 
accordance with the 1997 bilateral exchange of letters. 
 
¶7. (SBU) In our reading, the ERO's assertion that contact with 
Vietnamese citizens is not among consular functions and that GVN 
minders can be present in all our meetings outside HCMC cannot be 
supported by a reading of the 1997 exchange of notes establishing 
the consulates general.  Also in Mission Vietnam's view, the GVN 
 
HANOI 00000239  002 OF 004 
 
 
position is an unacceptable distortion of the Vienna Convention. 
With the issuance of the GVN's January 30 note, it is clear that 
Hanoi is focused on this issue and intent on maintaining its 
position.  Mission proposes a response based on recent cleared 
language and the 1997 Anderson letter. 
 
¶8. (SBU) For clarity, we have included below exchanges of letters 
and diplomatic notes from January, 2007, followed by our suggested 
reply to the latest exchange.  By septel, we will propose a 
medium-term strategy for clarifying consular district issues and the 
rights of consulate officers.  This strategy would seek to 
capitalize on the interest of both the United States and Vietnam in 
creating new consulates in the other country. 
 
¶9. (SBU) Following is the text of the 2007 exchange of diplomatic 
notes: 
 
On January 4, the HCMC ERO sent this note to ConGen HCMC: 
 
complimentary opening...according to feedback from (the) Dong Nai 
provincial ERO, when visiting the family of Doan Van Dien, Doan Huy 
Chuong in Phu Ngoc commune, Dinh Quan district, and Bishop Nguyen 
Chu Trinh, the delegation took the liberty of meeting with them 
privately without the participation of the guiding official of the 
provincial ERO.  This was not in conformity with the diplomatic note 
5605/NV-LS-QHLS dated December 19, 2006 of the ERO in HCMC which 
requests the Consulate Political Officer to contact Dong Nai 
provincial ERO for guidance on the visit. The ERO in HCMC requests 
the Consulate General, when working with Vietnamese functional 
authorities and meeting with Vietnamese citizens, to follow strictly 
the schedule and the instruction of local officials." 
 
January 11, CONGEN HCMC, in coordination with Embassy Hanoi, replied 
to the HCMC ERO's note as follows: 
 
complimentary opening ... the Consulate General appreciates the 
Office's continued willingness to assist officers of the Consulate 
General traveling outside of Ho Chi Minh City and expresses its 
appreciation to the Office of External Relations of Dong Nai 
Province for facilitating the visit of the Consulate General's 
Political Officer and looks forward to additional opportunities for 
cooperation.   The Consulate General confirms that in regards to the 
December 20 visit, no assistance was required from the Office or 
from the Office of External Relations of Dong Nai Province for 
meetings with non-official Vietnamese individuals.  In regards to 
carrying out its functions beyond Ho Chi Minh City, the Consulate 
General shall continue to operate according to the 1997 exchanges of 
letters establishing the consulates general in Ho Chi Minh City and 
San Francisco. complimentary close. 
 
On January 17, the HCMC ERO sent this reply: 
 
complimentary opening...and would like to express its opinion 
regarding the Consulate General diplomatic note 005/07 dated January 
11, 2007 as follows: 
 
According to the 1963 Vienna Convention on Consular Relations, the 
Consulate General's contact with Vietnamese citizens is not among 
consular functions. 
 
Regarding working trips outside Ho Chi Minh City, the 1963 Vienna 
Convention on Consular Relations and the 1997 exchange of letters 
clearly stated: 
 
-1. Article 6 of the Vienna Convention regulates consular functions 
outside consular district.  In special circumstances and subject to 
approval by receiving country, consular officer may carry out 
his/her consular functions outside his/his consular district. 
 
-2. An official letter dated February 20, 1997, of Vietnam MFA's 
Consular Chief Bui Hong Phuc responding to Charge de Affairs Desaix 
Anderson's letter dated February 12, 1997, defines that, regarding 
consular activities outside consular district, on a case by case 
basis when need arises, after the sending country notifies the 
receiving country and receives confirmation from the sending 
country, consular officers of the Consulate General of the sending 
country may perform consular functions outside its consular 
district.  Complimentary closing. 
 
On January 30, the MFA sent the following to all diplomatic 
missions: 
 
The Ministry of Foreign Affairs of the Socialist Republic of Vietnam 
presents its compliments to Foreign Diplomatic Offices, Foreign 
Consular Offices in Vietnam and would like to have your attention to 
the followings: 
 
On May 9, 2001, the Ministry of Foreign Affair of the Socialist 
Republic of Vietnam sent out diplomatic note No. 142/NG-LS to 
Foreign Diplomatic Offices, Foreign Consular Offices in Vietnam 
notifying stipulations of Vietnam on principles and procedures to 
 
HANOI 00000239  003 OF 004 
 
 
ask for permission for consular officers to perform consular 
functions outside their consular districts.  Unfortunately during 
the recent time, a number of Foreign Consular Offices, especially in 
Ho Chi Minh City, have performed activities in areas outside their 
consular districts without following stipulations notified at the 
above mentioned diplomatic note. 
 
In accordance with Vietnamese laws and international laws and 
practice, the Ministry of Foreign Affairs would like to repeat that 
it is always willing to facilitate (the work of) Foreign Consular 
Offices in Ho Chi Minh City and other provinces and cities when they 
need to operate outside their consular districts, but they need to 
carry out following stipulations: 
 
(Article 1) The consular district of a Foreign Consular Office in 
Vietnam was defined at time of agreement on establishing of that 
Consular Office and was stated clearly in the Consular Approval Note 
issued to the head of the Consular Office.  Consular districts of 
Foreign Consular Offices in Ho Chi Minh City include urban area and 
suburbs.  For Consular Offices in other cities, their consular 
districts also include urban area and suburbs of these cities. 
 
(Article 2) In accordance with 1963 Vienna Convention on Consular 
Relations, consular officers are allowed to perform their consular 
functions within their consular districts. 
 
(Article 3) In necessary cases, only when permitted by Vietnamese 
Government, consular officers are allowed to perform their consular 
functions outside their consular districts.  Procedures for 
permissions are as followed: 
 
      (Sub-Article 3.1) For Consular Offices that have headquarters 
in provinces and cities from Thua Thien Hue northward:  Embassies in 
Hanoi send diplomatic notes to the Consular Department of Ministry 
of Foreign Affairs.  For Consular Offices that have headquarters in 
provinces and cities from Da Nang City southward:  Consular Offices 
directly send diplomatic notes to the Ho Chi Minh City External 
Relations Office. 
 
      (Sub-Article 3.2) In the diplomatic notes, specific 
requirements should be stated clearly including times, dates, 
destinations, contents of operations, names of consular officers 
assigned to perform consular functions, mean of transportation (if 
available). 
 
      (Sub-Article 3.3) Within 05 day timeframe, Ministry of Foreign 
Affairs (Consular Department, Ho Chi Minh City External Relations 
Office) will consider and respond by diplomatic notes (if approved 
or not).  Consular officers are allowed to perform consular 
functions outside of their consular districts only when approved by 
Ministry of Foreign Affairs. 
 
      (Sub-Article 3.4) In urgent or special cases, Foreign 
Diplomatic Offices, Foreign Consular Offices may send their requests 
by fax; official diplomatic notes will follow later.  Consular 
Department and the Ho Chi Minh City External Relations Office will 
consider and respond at earliest possible (on the day after the day 
of receiving the requests). 
 
Complimentary Closing. 
 
¶10. (SBU) Below please find the text of a draft Mission Vietnam note 
to the GVN: 
 
Complimentary opening.  (Embassy Hanoi/ConGen HCMC) has the honor to 
refer to diplomatic note 35/NG-LS dated January 30, 2007.  The 
Consulates General of the United States and the Socialist Republic 
of Vietnam in Ho Chi Minh City and San Francisco, respectively, 
operate on the basis of an interim understanding concluded in 1997 
and, per the February 12, 1997, letter from Charge Desaix Anderson 
to Assistant Minister Bui Hong Phuc, "that this interim accord shall 
remain in force unless and until our two countries consider a more 
permanent arrangement that might further strengthen mutual consular 
relations." 
 
Under this understanding, the  Consulate General of the United 
States in Ho Chi Minh City carries out its functions from Thua Thien 
(Hue) and southwards pending a promised extension of its official 
consular district to this area.  The Consulate General shall 
continue to provide notification of travel on a timely basis so 
that, in accordance with the 1997 exchange, personnel "may perform 
official duties in the Thua Thien (Hue) Province and all Socialist 
Republic of Vietnam territory southward in the same manner as 
official duties performed in Ho Chi Minh City."  Such official 
duties will include meetings with Vietnamese citizens including 
officials and private individuals, both of which are fully 
consistent with the 1963 Vienna Convention on Consular Relations. 
 
Complimentary Closing.  End Text. 
 
¶11.  (SBU) Please advise on the content and delivery of this draft 
 
HANOI 00000239  004 OF 004 
 
 
note.  As noted above, a separate cable will include suggestions for 
Department consideration on a medium-term strategy to resolve the 
consular district issue. 
 
MARINE