VZCZCXRO2384
RR RUEHHM
DE RUEHHI #1274/01 3340508
ZNR UUUUU ZZH
R 300507Z NOV 09
FM AMEMBASSY HANOI
TO RUEHC/SECSTATE WASHDC 0496
INFO RUEHHI/AMEMBASSY HANOI
RUEHHM/AMCONSUL HO CHI MINH CITY 0211

UNCLAS SECTION 01 OF 02 AMEMBASSY HANOI 001274 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PGOV PHUM VM
SUBJECT: Minister Defends Decree 97 in Face of Criticism from Charge, 
other COMs 
 
REF: HANOI 909; HANOI 827 
 
1.(SBU) Summary: Charge and COMs from like-minded countries 
reiterated their concerns about the harmful impact of Decree 97 on 
research and development organizations during a meeting with 
Vietnamese Minister of Science and Technology (MoST) Hoang Van 
Phong November 6.  Phong argued that the Decree did not restrict 
the operations of independent research organizations and insisted 
that the GVN was committed to maintaining international academic 
and research standards.  The COMs took issue with Phong's overly 
positive interpretation of the Decree and stated it could hinder 
Vietnam's efforts to attract support from the international 
business, academic and scientific communities.  The Ambassador will 
reiterate these concerns at the December 3-4 Consultative Group 
meeting.  End summary. 
 
 
 
¶2. (U) MoST Minister Hoang Van Phong met with Charge and the 
Ambassadors of Sweden (representing the EU) and Canada 
(representing Switzerland, New Zealand and Norway--the "Group of 
Four") on November 6, saying he had been tasked by the Prime 
Minister to respond to the Ambassadors' letters of September 11 and 
18 expressing concern about the draft degree's effect on civil 
society, freedom of expression, R&D, and Vietnam's investment 
climate.  During a lengthy defense, Phong argued Decree 97 was 
consistent with existing Vietnamese law and did not restrict 
citizens' right to engage in scientific and technological research, 
or publish their results.  It requires organizations, but not 
individuals, to submit reports to competent State agencies before 
publishing them.  Phong claimed the GVN based the list of 
categories of fields in which individuals are allowed to establish 
science and technology organizations, consulted lists produced by 
the OECD, UNESCO, and the governments of Singapore, Australia, New 
Zealand, Thailand and Malaysia.  Acknowledging that the 
promulgation of Decree 97 had created ambiguity in Vietnam and 
abroad, Phong said MoST would issue a circular providing 
implementing guidance. 
 
 
 
¶3. (SBU) However, Minister Phong muddied the waters by noting that 
the GVN was working on three separate decrees governing investment 
and cooperation with foreign partners, but was unable to answer the 
COMs' repeated questions about the decrees.  (Note:  Although the 
Minister said the draft decrees were posted on a government 
website, we were unable to find them.  On November 27 Post learned 
that the Ministries of Education, Science and Technology, and 
Health have drafted separate decrees governing investment and 
cooperation with foreign partners in their respective sectors.  We 
have a Vietnamese-language version of the decree governing science 
and technology and are analyzing it.  In its public comments on the 
decree on education, the VBF Education Working Group noted "the 
draft Decree is very prescriptive and is somewhat ambiguous. 
Potential investors could be deterred by regulations that are 
unclear, unnecessarily prescriptive and/or create unreasonably 
burdensome reporting requirements.  Instances of ambiguity in the 
current Draft would add to confusion for potential investors."  We 
have not yet seen the draft decree on healthcare.  End note.) 
 
 
 
¶4. (SBU) The Swedish Ambassador expressed the EU's concern that the 
Decree sent disturbing signals to the business community and could 
cause investors to reject Vietnam as a potential research site.  It 
also restricted academic institutions and non-governmental 
organizations from engaging in independent research and publishing 
their findings.  He expressed hope Vietnam would respect 
international norms of academic freedom and create a world-class 
venue for research and development.  The Canadian Ambassador noted 
that the Decree restricted research organizations' ability to 
register in Vietnam in ways that were not consistent with OECD 
guidelines.  There also are problems with NGOs not understanding 
whether they had to register anew and whether MoST would accept 
that registration.  She expressed hope the GVN would issue clear 
and transparent implementing guidelines and encouraged the GVN to 
minimize the negative impact of Decree 97. 
 
 
 
¶5. (SBU) Charge added that Decree 97 represented a step backwards 
for Vietnam in its effort to develop its research and development 
capability.  It was important that all research - even that 
involving sensitive areas - be made public and discussed.  Charge 
cautioned that Decree 97 could force U.S. higher education 
institutions and universities to reconsider partnering with 
 
HANOI 00001274  002 OF 002 
 
 
Vietnam, given its restrictions on academic research.  She noted 
that restrictions on organizations' ability to publish their 
findings not only did not accord with international practice, but 
would result in a substantial reduction in public policy inputs 
available to the GVN.  Recent firings and transfers of editors and 
arrests of bloggers and reporters had had a chilling effect on 
public discourse and called into question the Minister's assertion 
that any individual was free to publish their research.  Charge 
also commented pointedly on the Decree's chilling effect on civil 
society, saying the closure of organizations like the Institute for 
Development Studies (IDS) (ref. B), deprived the GVN of important 
public policy input that was essential for Vietnam's continuing 
economic development. 
 
 
 
¶6. (SBU) Phong repeated that Decision 97 accorded with 
international standards, since it allowed individuals to publish 
their findings.  He argued that scientists can publish their 
findings in the MoST magazine, which he described as a source of 
information for people and investors.  In what appeared to be a 
veiled reference to IDS, the Minister cautioned that some 
researchers in Vietnam who publish their findings and stir up the 
public constitute a "danger."  Such information must be "verified" 
before being released to the public. 
 
 
 
¶7. (SBU) Comment: Decree 97, together with the latest version of 
Decree 88 on associations and the blocking of Facebook (ref. A), 
are concerted efforts by the Communist Party and the State to 
restrict citizens' rights to information and to express their views 
freely.  As preparations for the January 2011 Party Congress 
intensify, we are likely to see an intensified crackdown on freedom 
of expression, including additional restrictions on individuals and 
organizations like IDS who are considered threats by the State, but 
the effects of regulations such as Decree 97 will persist well 
beyond the Party Congress.   The Ambassador, along with several 
other Ambassadors, will raise these concerns once again - and more 
publicly - at the December  3-4 Consultative Group Meeting.  End 
Comment. 
Michalak