VZCZCXRO3711
PP RUEHCHI RUEHDT RUEHNH
DE RUEHHM #0009/01 0030845
ZNR UUUUU ZZH
P 030845Z JAN 08
FM AMCONSUL HO CHI MINH CITY
TO RUEHC/SECSTATE WASHDC PRIORITY 3512
INFO RUEHHI/AMEMBASSY HANOI PRIORITY 2392
RUCNASE/ASEAN MEMBER COLLECTIVE
RUEHHM/AMCONSUL HO CHI MINH CITY 3731

UNCLAS SECTION 01 OF 02 HO CHI MINH CITY 000009 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS AND DRL/AWH 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL SOCI VM
SUBJECT: AMBASSADOR MICHALAK'S MEETING WITH HCMC BAR ASSOCIATION 
 
REF: A) HANOI 1993 B) HCMC 906 
 
HO CHI MIN 00000009  001.2 OF 002 
 
 
Summary 
------- 
 
¶1. (SBU) At Ambassador Michalak's December 3 meeting with key 
members of the HCMC Bar Association, member lawyers gave a frank 
assessment of Vietnam's current legal system and advocated for 
further reform.  The lawyers were hopeful that the establishment 
of regional courts will increase transparency, but also want to 
see a constitutional court created to allow them to contest 
national security laws like Article 88, often used to prosecute 
dissidents.  All agreed raising public awareness of basic human 
rights and rule of law issues will be key in building consensus 
for reform.  While the three defense lawyers who participated in 
the recent appeals trial of human rights lawyers Le Thi Cong 
Nhan and Nguyen Van Dai were disappointed they could not get 
their convictions overturned, they said the openness of the 
proceedings and the access to their clients was unprecedented. 
End summary. 
 
HCMC Bar All-Stars 
------------------ 
¶2. (SBU) The HCMC Bar Association lawyers represented a wide 
range of backgrounds and experiences.  In addition to 
representing political dissidents, all of them also represent 
corporate clients and government clients.  Their profiles in 
brief are: 
 
-- Nguyen Dang Trung, President, Cadre Secretary and National 
Assembly member.  A decorated wartime activist for the Communist 
Party, Trung defended AmCit Nguyen Cac Foshee in 2006 and other 
alleged "anti-revolutionaries" previously. 
 
-- Bui Quang Nghiem, Vice President and Party Secretary. Nghiem 
was a member of the now-disbanded Hanoi-based Lawyers for 
Justice Group and co-counsel for the November 27 Supreme 
People's Court appeals trial of Le Thi Cong Nhan and Nguyen Van 
Dai.  He and Mr. Dzung have also represented People's Democratic 
Party (PDP) dissidents in Ho Chi Minh City. 
 
-- Le Cong Dinh, Vice President.  A U.S.-educated lawyer, Dinh 
was co-counsel for Le Thi Cong Nhan and Nguyen Van Dai.  Dinh is 
also a prominent corporate lawyer whose former clientele 
includes Exxon Mobil, Aventis, and Boeing. Dinh's recent article 
challenging the Prime Minister to allow private media outlets in 
Vietnam appeared on BBC's Vietnamese service on the Internet. 
 
--Mr. Dang Dzung, co-counsel for Nhan and Dai as well as PDP 
activist Attorney Le Nguyen Sang.  Dzung was also slated to 
represent detained American and Viet Tan activist Do Thanh Cong 
in August 2006 before he was released. Dzung, a former Tuoi Tre 
(Youth Newspaper) journalist, has published over 20 articles for 
the BBC's Vietnamese news service on democracy and other 
political issues. 
 
--Madame Truong Thi Hoa, one of the most senior lawyers in HCMC, 
Hoa has been practicing since 1971 (when she a member of the 
Republic of South Vietnam's bar association) and was a legal 
consultant to former prime minister Vo Van Kiet.  Hoa is now a 
leading legal consultant for government and business 
organizations, as well as a staunch defender of women and 
children's rights. 
 
Raising the Legal Bar 
--------------------- 
¶3. (SBU) When asked about fairness and impartiality in the 
Vietnamese legal system, Madame Hoa said while she has 
represented the GVN and large corporations in cases where they 
lost to "ordinary citizens," government agencies and big 
companies have an overwhelming advantage because they are 
well-versed on legal procedures and can afford to hire good 
lawyers.  Hoa believes the scale of social injustice is 
gradually becoming more balanced as Vietnam becomes more 
prosperous and that the common citizen's ability to flex their 
legal muscles will grow as they become more economically 
empowered. 
 
¶4. (SBU) Nghiem believes the Central Government's intentions and 
policies are good, but implementation falters when local 
officials are ignorant of the law or use the law to protect 
their own interests.  Nghiem said provincial officials continue 
to view the law as a tool to "impose the will of the rulers" 
while at the central level, officials view the law as a "tool 
for development."  As an example of flagrant abuse of power, he 
cited instances in which provincial leaders sign decrees that 
directly contradict national laws, such as an order requiring 
farmers to sell their rice crop to the provincial rice company. 
All lawyers agreed that while such decrees remain regrettably 
common, the courts have been unwilling to address the 
 
HO CHI MIN 00000009  002.2 OF 002 
 
 
constitutionality or legality of such acts. 
 
¶5. (SBU) Dinh said without a mechanism for questioning the 
constitutionality of the law, there is currently no way for 
lawyers to address contradictions or inconsistencies between the 
GVN's policies and Vietnam's Constitution--which actually 
upholds citizens' basic rights, at least on paper.  While WTO 
accession has forced Vietnam to review and repeal any domestic 
laws that conflict with Vietnam's international trade 
commitments, progress has not yet spilled over into the area of 
international human rights standards.  Dinh believes the 
establishment of a Constitutional Court will be critical in 
their fight to repeal Article 88 and other laws used to limit 
free speech and other basic rights. 
 
Hope for the Future 
------------------- 
¶6. (SBU) President Trung said the establishment of regional 
courts in the near future will make the court system more 
responsive and transparent.  Like the US system of district 
courts, regional courts will introduce another layer of 
oversight as well as another venue for appeal.  Trung also 
expects two bills--one for administrative procedures and one for 
complaint resolution--to open for debate in the next National 
Assembly session. 
 
¶7. (SBU) All the lawyers agreed that Vietnam's legal reform 
efforts hinge on raising citizens' awareness of their basic 
constitutional rights and suggested several specific steps to 
advance progress.  Dzung believes the USG can play a 
constructive role by facilitating dialogue between lawyers and 
judges and getting more American legal guides translated and 
published in Vietnam.  Dzung also thinks introducing prepaid 
legal services targeted at Vietnam's rising middle class will 
enhance public awareness and fill a growing public need. 
Ambassador Michalak noted that the American Bar Association now 
has a representative in Hanoi which could help the HCMC Bar 
Association further its goals. 
 
Defense Lawyers 60 Percent Satisfied 
------------------------------------ 
¶8. (SBU) Lawyers Dinh, Dzung and Nghiem, the defense team for 
jailed human rights lawyers Nguyen Van Dai and Le Thi Cong Nhan, 
said the November 27 Supreme People's Court appeal trial was 
more open and well-organized than the trial of first instance 
(Ref A).  Although the team considered the outcome to be a 
"failure" because the judge did not overturn the convictions for 
Nhan and Dai, the three lawyers said they were "60 percent 
satisfied" with the reduction in sentences and the overall trial 
proceedings.  The three confirmed they had no difficulties 
meeting with their clients in prison and were generally able to 
present their arguments in court, though they were often stopped 
by the judge from "going too far."  Dzung expressed great 
frustration over being interrupted six times, especially when he 
started to touch on the constitutionality of Article 88.  (Note: 
Article 88, which outlaws propaganda against the Government of 
Vietnam, has been used many times to prosecute human rights 
activists and dissidents.  End note.)  The team said they 
planned to send a formal complaint to the Ministry of Justice 
and the Supreme People's Court regarding the interruptions 
during the proceeding. 
FAIRFAX