VZCZCXRO8683
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHHI #0598 0871038
ZNR UUUUU ZZH
P 281038Z MAR 07
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC PRIORITY 5007
INFO RUEHHM/AMCONSUL HO CHI MINH PRIORITY 2818
RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RHEHNSC/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY

UNCLAS HANOI 000598 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS AND DRL/AWH 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PINS SOCI VM
 
SUBJECT: GVN REPEALS DECREE 31 PROVISION ON ADMINISTRATIVE PROBATION 
 
 
¶1. (U) Summary: In a long-awaited move, the Government of Vietnam 
(GVN) has amended the infamous Decree 31, repealing the repressive 
provision on Administrative Probation, often used to punish 
perceived political dissidents.  With minimal publicity, the amended 
law took effect on March 21 with the signature of State President 
Nguyen Minh Triet.  According to the amendment, those currently held 
under Administrative Probation will be released immediately. 
Additionally, the Ministry of Public Security (MPS) must abandon any 
plans to detain or surveil dissidents under the old measure.  While 
this is a positive step that many have asked the GVN to take, it 
remains to be seen whether the GVN will simply use alternative means 
to stifle dissent.  End Summary. 
 
President Triet Signs Repeal of Administrative Probation 
----------------------------------- 
 
¶2. (U) On March 8, the GVN National Assembly Standing Committee 
issued Ordinance 31/2007-UBTVQH, amending and supplementing articles 
of the Ordinance on the Handling of Administrative Violations, 
commonly known as "Decree 31."  Specifically, the new Ordinance 
amends and repeals the provision on "Administrative Probation."  GVN 
President Nguyen Minh Triet signed the amended Ordinance on March 
21, and it took effect immediately. 
 
¶3. (SBU) According to our contacts in the National Assembly, under 
the amended Ordinance, those who are currently held under 
"Administrative Probation" will be released immediately.  In 
addition, any MPS orders of administrative probation planned for 
alleged dissidents shall be dropped immediately. 
 
Background on Decree 31 
----------------------- 
 
¶4. (SBU) Decree 31/CP ("CP" means Government) was issued by the GVN 
on April 14, 1997.  The Decree specifically targeted political 
dissidents with the aim of "ensuring national security."  According 
to the Decree, administrative probation would be implemented by 
relevant authorities "in accordance with legal procedures."  Those 
put under "administrative probation" have their activities 
surveilled by the government, must notify relevant authorities 
should they wish to change localities, and must inform the 
government of all contact with foreign entities.  According to the 
MPS, there have been 197 people placed under "administrative 
probation" since Decree 31 went into effect in 1997. 
 
Comment 
------- 
 
¶5. (SBU) Post had been informed several months ago that the 
political decision to repeal Decree 31 had been made.  Only the 
procedural steps by the National Assembly Standing Committee and 
President Triet needed to be completed.  The repeal received little 
publicity in Vietnam.  With a number of dissidents under detention 
under various articles of the GVN Criminal Code, the repeal of the 
administrative probation provision of Decree 31 will not necessarily 
lead to greater freedom of political expression in Vietnam.  It may 
only indicate a change in GVN tactics as it seeks to both stamp out 
dissent and respond to international criticism of the old decree. 
While this is a positive step, it remains to be seen what effect 
this will have in practice with regard to GVN actions against those 
advocating positions that discomfort the regime. 
 
ALOISI