VZCZCXRO3085
OO RUEHHM
DE RUEHHI #1164/01 2840953
ZNR UUUUU ZZH
O 100953Z OCT 08
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8595
INFO RUEHHM/AMCONSUL HO CHI MINH 5204

UNCLAS SECTION 01 OF 02 HANOI 001164 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MLS 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL VM
 
SUBJECT: VFM HUNG LETTER REGARDING DISSIDENT PHAM HONG SON AND 
EMBASSY AMNESTY REQUESTS 
 
¶1. (SBU) In an official letter dated October 6, VFM Doan Xuan Hung 
denied the Ambassador's request that well-known internet dissident 
Dr. Pham Hong Son be allowed to travel to the United States. 
According to Hung, Dr. Son, who was awarded a NED Reagan-Fascell 
Fellowship, does not qualify for a passport under Vietnamese law due 
to his continued administrative detention.  The letter also 
dismissed a separate request from the Embassy that several 
high-profile dissidents be given amnesty, stating that completion of 
one third of a prisoner's sentence meets only one of many 
requirements.  (Note: Embassy sources indicate that there will be no 
general amnesty this year.  End note.) 
 
¶2. (SBU) The original of the letter is in Vietnamese with an 
unofficial English translation also provided. 
 
Begin text of letter: 
 
(Unofficial translation) 
 
Ministry of Foreign Affairs 
Socialist Republic of Vietnam 
Hanoi, October 6, 2008 
 
Mr. Michael Michalak 
Ambassador of the United States to Vietnam 
 
 
Dear Mr. Michalak, 
 
I would like to express to Your Excellency my thanks for your high 
appreciation with regards to our Vietnam-U.S. Human Rights Dialogue 
that was held in Hanoi recently.  I do share with you the belief 
that our dialogue has been fruitful, much contributing to the 
promotion of the mutual understanding and cooperative relationship 
between our two countries.  I also would like to take note of and 
reaffirm the importance of our continuing work on human rights 
issues of mutual concern as mentioned in the letter of Your 
Excellency to Standing Vice Foreign Minister Pham Binh Minh dated 
12th August 2008.  This shall correspond to our dialogues which 
embody the spirit of frankness, openness, equality and good will. 
On its part, Vietnam so far has made its best efforts to cooperate 
with the United States in issues of the latter's concern.  At the 
same time, we take note of the appreciation expressed by the Unites 
(sic) States for the efforts of the State of Vietnam to promote and 
protect the human rights of Vietnamese people. 
 
In response to the issues Your Excellency raised in the two letters 
mentioned above, I would like to convey to Your Excellency the 
following points: 
 
Firstly, regarding the particular case of Mr. Pham Hong Son and the 
request to allow him to travel to the United States to participate 
in the National Endowment for Democracy (NED) Reagan-Fascell 
Fellowship, after consultation with relevant agencies we got the 
information that Pham Hong Son is a Vietnamese citizen who in August 
2003 was sentenced to 5 years' imprisonment for acts of violation of 
the law of Vietnam and 3 years' probation pursuant to articles 38 
and 92 of the Penal Code.  Thanks to the humanitarian and lenient 
policy of the State of Vietnam, Pham Hong Son was granted amnesty 
before completion of his prison term on the occasion of the National 
Day of 2nd September 2006.  However, Pham Hong Son remains obliged 
to execute the subsequent probation term (counted from September 
2006) in accordance with the Court's verdict. 
 
Pursuant to the relevant regulations of the Vietnamese Penal Code 
and especially the guidelines for the execution of sentences related 
to ban of residence and probation, Pham Hong Son is not allowed to 
leave his residence but instead subjected to supervision by the 
local authority where he resides.  As of October 2008, Pham Hong Son 
has not yet finished his probation term, thus any permit for him to 
leave the country, for whatever purpose, shall imply an offence of 
the Court's verdict as well as of relevant regulations of the 
Vietnamese law.  All the rights and duties of Pham Hong Son as a 
Vietnamese citizen, however, will be restored following the 
completion of his probation term. 
 
Secondly, with regards to the amnesty applied to inmates who serve a 
specific sentence of imprisonment pursuant to the Court's verdict 
and especially those who have outstanding performance, it is part of 
the humanitarian and lenient policy of the State of Vietnam.  The 
grant of amnesty must be decided in conformity with relevant laws, 
most notably the provisions of the Law on Amnesty approved by the 
National Assembly of Vietnam in 2007 (which came into effect on the 
1st March 2008), and the performance of each inmate, whose 
completion of one third of his/her sentence only meets one of the 
requirements.   The 14 cases of prisoners mentioned in your letter, 
therefore, should also follow the same procedures, in accordance 
with Vietnamese law and international law. 
 
HANOI 00001164  002 OF 002 
 
 
 
Finally, concerning the cases of 07 individuals who are supposed to 
"have been held for six months without formal charges", the Ministry 
of Foreign Affairs is now in contact with relevant agencies for 
verification and later will provide the U.S. Embassy with further 
information.  However, the temporary detention of an individual is 
always duly carried out in accordance with the regulations of the 
Code of Criminal Procedures. 
 
I avail myself of this opportunity to renew to Your Excellency the 
assurances of my highest consideration. 
 
Yours sincerely, 
(signed) 
Doan Xuan Hung 
Vice Foreign Minister 
 
End text of letter. 
 
Palmer