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Why President Trump Will Be Much Happier as the Leader of Vietnam

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Photo credit: Slate.

President Donald Trump is coming to Vietnam on an official visit for the APEC meetings from November 10-11. He could have been in this country much sooner had he not avoided the draft during the Vietnam War.

I am not sure President Trump knows where Vietnam exactly is on the map (which is quite usual for a lot of foreigners), but he will certainly fall in love with the country when he comes here this time, especially after hearing what I am about to disclose.

Let me take this opportunity to send him a few words of regards and explain to him why I think so.

But before I forget, let’s start with the same premise: one must be a member of the Communist Party of Vietnam to become the country’s leader.

1. Forget about the Democrats: They are already extinct.

The last time Vietnamese people saw a glimpse of a “democrat” was back in … 1988, when the fake Democratic party (yeah, we had such things back then – they were basically puppets formed by the communists themselves) disbanded under the order of the Communist Party. Basically, President Trump, you and your chosen party will enjoy absolute power here.

The Vietnam’s Constitution clearly states that the Communist Party is the force which leads both the government and society. In fact, it is the only one ruling the country.

So, no worries about the opposition. You’re far, far away from Hillary Clinton, Bernie Sanders, and Nancy Pelosi. You will win every election, and win big. When I say “big”, that means more than 90% of the popular votes where every single eligible adult in the country will vote, not just the “landslide victory” last year in the U.S.

2. You have the entire Congress in your party’s hand, not just a simple majority.

There is no need to battle with anyone in Congress. “Repeal and Replace” could be done very easily, right then and there. As well as the tax bill. And the annual budget bill. Basically, everything and anything.

Congressional hearings are extremely rare for top leaders like you. Your cabinet members may be questioned by Congress, but in general, no one would throw stones in their faces like how the Democrats treat you, your staff, and the Republicans. Congress is also more laid back, as they only meet twice a year, each time for one month.

How could Vietnam achieve such harmony between the Executive branch and the Legislative branch?

Just imagine your Republican fellows occupy 95% of the seats in Congress and the remaining 5% are all your friends and good friends. This is because our unique election laws were designed to prevent non-communist candidates from running right from the first place. Nobody else but communist members and their close allies can go pass the three rounds of pre-election vetting, which of course are held by the communist-organized body called the Fatherland Front (such patriotic name, you will love it!).

3. You don’t have to deal with the media because independent news does not exist.

I know the media in the States is extremely annoying, and they just never leave you alone. Here in Vietnam, you are untouchable. What does that mean? It means you can do whatever and say whatever, not a single journalist dares to criticize you.

Heaven on Earth! Why is that?

Because you and your party control the entire media. So, there is no CNN, no Washington Post, no New York Times, leave alone Stephen Colbert and Trevor Noah. Only Fox News, Breitbart and the likes are allowed. Not only that, those that are allowed must also report news as they were ordered by you and your party. Imagine, even Steven Colbert must listen to and follow every word of yours! That’s true respect, isn’t it?

Some crazy leftists at organizations like Freedom House and Reporters Without Borders may put your country at the bottom of the Press Freedom Index, but who cares, right?

4. Just in case anyone criticizes you, you can always lock them up, for years.

We have already put thousands of dissidents in jail already. In the past, we even made them…disappeared.

Really, if you find anyone who writes some short statement about you on Facebook or Twitter that annoys you, then your police can come and arrest such person right away, then put him/her in jail for, says two years or more without trials. The courts – which totally under your direct control – could also sentence a lawyer to seven years of imprisonment if he dares to sue you. Or, they could put another lawyer who always criticizes you (imagine the ACLU and their lawyers, I know how much you hate them) in prison for five years because…he has criticized you.

You often feel frustrated that it takes forever to lock up that woman, right? In Vietnam, we recently locked up a woman whom the government does not like very much in June – a female pro-democracy blogger called Mother Mushroom – for ten full years after a day of trial, sweet and simple. (By the way, your wife, Melania, gave Mother Mushroom the Women of Courage award earlier this year, though. So, I thought you would want to check with her on this, just to be safe.)

5. There is no court that would stop you from issuing or enforcing executive orders.

This is an interesting part. Of course, you must be very upset with those federal courts issuing restraining orders on your travel bans one after another. In fact, you also know that you must deal with Ruth Bader Ginsburg, Sonia Sotomayor, and others at some points. Furthermore, you cannot be certain whether Neil Gorsuch may turn his back on you one day and side with those leftists all the way on issues like abortion and affirmative action cases.

But, here in Vietnam, every single judge will be your party’s members (I mean the “sworn allegiance to” kind of members, not just registered voters), and they will always obey your party’s rules from the top down. That means whatever is your call, they will follow. No questions asked!

The so-called “judicial review” also does not exist in our country. A lot of executive orders and legal documents are clearly unconstitutional, but no one gives a damn. Let me give you an example.

Four years ago, our Prime Minister Nguyen Tan Dung signed two decrees, 72 and 174, regulating that criticizing the government on the Internet was prohibited and could be fined up to $4,700 USD (about twice the average annual income for a Vietnamese). Those two decrees were not only unconstitutional, but also directly contradicting international human rights law, and were widely condemned by the international community, including your country back then. But so far, no one had been able to challenge them in any court in Vietnam because simply put, our judicial system was set up in such a way that such efforts would be futile from the beginning: no courts will accept those filings. Problems solved.

6. The term “special prosecutor” is non-existent and will never come into existence.

Investigating our country’s top leaders is absolutely impossible. In fact, none of them has been in such situation since the Communist Party took power in 1945.

You would love this fact: Vietnamese prosecutors cannot investigate any communist member without the party’s permission. Thus, it is outright prohibited! Nobody is going to thumb their nose into your and your family’s business.

There is no Robert Mueller here, believe me. Never.

7. Tax returns? They are there, but rules don’t apply to you.

In Vietnam, everyone knows our leaders are rich. Maybe some of them are even as rich as you are. But no one knows exactly how rich they are, and no one dares to ask them to show their tax returns.

We have a huge (I mean really, bigly huge) problem with transparency. Another left-wing (perhaps fake?) organization called Transparency International ranks Vietnam at 113/176 on their Corruption Perceptions Index in 2016 with only 33/100 scores. But that’s a good thing for you, right?

If you are the top leader in Vietnam, you don’t have to bother with the media complaining about your frequent flights to Mar-a-Largo or how much money you have made off your presidency because no one will have the guts to ask. And those who do, you can just put them in jail. What a life!

8. Last, but not least: Endless golfing.  

This, nevertheless, is as important as anything I have mentioned above. You love golf, and we, the Vietnamese, do too. We basically have golf courses popping up at every single corner across our country. And, you can play golf as much as you want, just remember to not disappear for too long during your term. The public doesn’t even know you go play golf, let alone complain about it – because there is no “fake news” here to report on that, only your news, remember?

Is this the vision of the great country that you have been talking about, or perhaps, maybe dreaming of?

Then, President Trump, welcome to Vietnam!

Politics

Vietnam: Citizens Must Pay Trillions Of Dong For The Party Congress, Regardless Of Party Membership

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The 8 Party Congress (2020-2025 term), Party Bureau of the Bac Ninh Province People’s Committee, February 2020. Photo Source: baotintuc.vn.

By the most conservative estimates, the amount of money citizens pay to fund Party congresses at just the local level is enough to keep the Government Inspectorate running for more than 25 years. 

***

Local party committees throughout the country have begun organizing party congresses to elect “elite” representatives to attend the 13th National Party Congress, an event which occurs every five years. They will elect members to the Party’s Central Committee, from which the Secretariat and the Politburo will be drawn, as well as those positions seen as stepping stones to Vietnam’s top leadership posts. 

However, these strictly party affairs actually draw from the government’s budget, tapping into taxpayer money that could be used for state administration or policies supporting people’s livelihoods. 

This article will summarize a number of counter-intuitive but actual political realities that Vietnamese citizens have faced for decades and will most certainly continue to face if fundamental changes do not occur. 

Total expenditures undisclosed, possibly quite large

Before diving deep into legal issues, we’ll provide a general overview on how budgets are used for Party congresses. Currently, costs associated with organizing Party congresses remain ambiguous. 

The general scope of regulations in the Law on Access to Information excludes transparency regarding the operational finances of political and socio-political groups.

On the other hand, the State Budget Law contains Article 15, which stipulates responsibility for publicizing the state budget.  However, the law only regulates this responsibility in regards to governmental bodies rather than political organizations.

Finding information on the costs of organizing the Party Congress specifically, and the costs of running party organizations more generally, forced me to try my luck with reports from the Ministry of Finance, the state management body directly responsible for the budget and national expense.

Accordingly, we found that the Ministry of Finance established a separate website that was quite easy to navigate and use. However, the detailed budget information provided was not helpful for readers, regardless of what they were looking for. 

Take this example from April 15, 2020:  the Ministry of Finance issued an estimated implementation of the 2020 Quarter I budget, that is, the time period during which finance plans and preparation costs for Party congresses are laid out beginning in May. 

However, the roster of expenditures only lists three accounts: normal costs (the highest, at 343 trillion dong, or US$14.7 billion), interest and debt costs, and salary reform costs. The estimate clearly is of no use to citizens who want to inspect and oversee financial transparency. 

Because of this opacity, I’m forced to look for sources of information at lower levels and with broader scope. Such a manner of research will reduce the ability to generalize regarding the financial “voraciousness” of Party congresses. However, this seems to be the only way to actually get an understanding of such expenditures. 

For example, this past April, official correspondence from the Lang Son Province People’s Committee sent to the Ministry of Finance asked for financial support in organizing the province’s Party congresses for the 2020-2025 term. The amount requested ran upwards of 85 billion dong for these fleeting party events.

More specifically, the provincial People’s Committee requested nearly 10 billion dong for the provincial Party Congress and 66 billion dong for district-level congresses. There were even expenditures totaling more than 10 billion dong to “renovate and repair service projects for the Party Congress at all levels” (these fixed expenses should have been calculated separately according to the law; it is unknown how this is permissible). 

More importantly, it must be remembered that Lang Son is a mountainous and sparsely populated province, with few party members and a cost of living that ranks among the lowest in the country.

In another document that I found from the Quang Tri Township People’s Committee (a district-level body), promulgated on February 28, 2020, the amount of money this committee requested that the provincial Finance Office send to the Central government in Hanoi for approval for its locale reached 5.7 billion dong.

According to the document, money spent to cover the expenses of representatives and guests for the two-day Party Congress at the commune-level alone would amount to almost 800 million dong, propaganda work in service of the congress would be 150 million dong, and money “for direct supplement payment” would be nearly 300 million dong.

Another district, Huong Hoa, requested 2.5 billion dong in funds for district-level Party congresses and 5.1 billion dong for commune-level ones, totaling approximately 7.6 billion dong.

Quang Tri Province has 10 district-level administrative units, Lang Son has 11. The population of Quang Tri is about 600,000 and Lang Son about 800,000; both provinces have among the smallest populations in the country, and both economies perform below the national average.

Therefore, if I use the figure for Lang Son (85 billion dong) as the average for each province, then I can extrapolate that the total costs for organizing Party congresses in all 64 cities and provinces is nearly 5.5 trillion dong, not including the central Party organizations and the National Party Congress. And this is a conservative estimate.

According to the data Luat Khoa Magazine has gathered in previously articles, this amount is enough to keep the Government Inspectorate and the Government’s Committee for Ethnic Minority Affairs operating for more than 25 years, with enough left over to fund the Ministry of Agriculture and Rural Development—one of Vietnam’s pivotal ministries—for up to a year (the 2020 estimate is 5.3 trillion dong.

Laws about the Party’s funding are regulated by the Party’s Central Office.

This is not some kind of sensational headline to attract readers; it’s the truth. 

In the State Budget Law mentioned above, Articles 36 and 38 tell us that both local and central budgets are also responsible for funding the activities of political organizations (i.e. the Communist Party of Vietnam). 

In Items 7 and 8 of Article 8, which covers the state budget’s principles of operation, the operational expenses of sociopolitical-industrial organizations, social organizations, and socio-industrial organizations are handled according to principles of self-sufficiency; the state budget only covers tasks the government assigns. The state budget was created to help political and socio-political organizations balance their operational books. 

That’s the extent of what the State Budget Law says about the Communist Party of Vietnam’s coffers.  

Government Decree 163/2016 provides a bit more detail to the State Budget Law, stating in Article 9 that the government “entrusts the Ministry of Finance to lay out specifics in the management and use of the state budget for Vietnamese Communist Party bodies.”  

The Ministry of Finance’s Circular 40/2017 has regulations on business expenses and conference organizing fees which give us a bit of hope in understanding how the budget is used for Party activities more generally and Party congresses at all levels more specifically, by providing us a legal basis on paper.

But right in the circular, the Ministry of Finance affirms that the use of the budget for “the National Party Congress of the Vietnamese Communist Party, Party congresses at all levels up to the national level, conferences of all bodies under the Vietnamese Communist Party” will be implemented separately according to levels of jurisdiction, but it does not specify which levels. 

So  we’re left to ask, which level or levels of jurisdiction ultimately decide the budget for the Party congresses?

I gradually realized that it was difficult to find any kind of legal basis managing how the budget is used for Vietnamese Communist Party activities.  

The “legal” basis often cited in related documents mostly stems from Decision #99-QĐ/TW, issued May 30, 2012 by the Party Central Secretariat, promulgating regulations on Party business expenses, of Party organizations at the fundamental level and those directly above (“Decision 99”). 

Expenses of all Party congresses up to the 13th National Party Congress this year are regulated by Decision 3989-QĐ/VPTW, issued August 16, 2019 by the Central Party Office. 

As of now, I haven’t been able to find the entire text of Decision 3989, possibly because it was only circulated internally. But this, perhaps, demonstrates best the contradictory manner in which the Vietnamese Communist Party handles budget transparency.

Particularly with Secretariat’s Decision 99, we can see that this document contains regulations that seem to carry more force than even legal documents issued by the National Assembly.

In essence, Party organizations have jurisdiction over establishing and assigning expense estimates, as well as allocating funds and also regulations for balancing the books – all while using the state budget; this decision also regulates tasks by the people’s committees at all levels, as well as other government bodies responsible for ensuring funding for Party activities.

A concrete example in Item 1, Article 5 of Decision 99, states: 

“Based on approved estimates, people’s committees in communes, wards, and townships are responsible for guaranteeing operating expenses at the committee level, must balance the books according to regulations in the State Budget Law, and must report to their committee level and the committee level directly above.”

As such, when speaking of jurisdiction and general scope, documents issued by Party organizations are no less valid than laws passed by the National Assembly or decrees issued by the government.

***

The problems that I’ve expounded on above are not new. They’ve existed in this political system over the whole of Vietnam for more than 40 years. However, when trillions of dong are spent simply for the Communist Party to pick its own board of leaders, then taxpayers all over the country should accelerate discussions on why this phenomenon keeps occurring.  

One budget nurturing two states—how can this be seen as the only way to manage Vietnam’s public finances?

The original Vietnamese version of this article was written by Bui Cong Truc and published on Luat Khoa Tap chi. Translated by Will Nguyen.

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Politics

Hong Kong’s Next-door Ally

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Photo courtesy: ADN Chronicles

The Vietnamese Magazine would like to thank the Asia Democracy Chronicles under the Asia Democracy Network for kindly giving us the permission to re-publish this article. 

Why Vietnam strongly supports the former British colony’s fight for freedom

Many Vietnamese citizens hold Hong Kong freedom fighters Joshua Wong, Nathan Law, and Agnes Chow Ting in high regard. The Vietnamese cheer when a government expresses support for the former British colony’s fight for freedom. And they mourn whenever there is a crackdown—or a pro-democracy activist gets arrested or dies.

Many Vietnamese consider Hong Kong’s young activists (from left to right) Nathan Law, Joshua Wong, and Agnes Chow Ting as icons of democracy.

One might ask, why does Vietnam support Hong Kong’s pro-democracy movement? The answer lies in the two country’s shared history and similar political movements.

Bloody battles

Vietnam’s long history of battling China spans more than 2,000 years. It’s fair to say that the country’s history is basically one of surviving next to China. After all, Vietnam was colonized by China for about 1,000 years before it finally gained its independence in 938 AD. Most national heroes worshipped as gods in Vietnam today are those who fought China over the past 200 decades, such as Hai Ba Trung (1st century, fought the Han dynasty), Ba Trieu (3rd century, fought the Eastern Wu dynasty), Ly Nam De (6th century, fought the Liang administration), Phung Hung (8th century, fought the Tang dynasty), Ngo Quyen (10th century, fought the Southern Han dynasty, ended China’s 1,000-year domination over Vietnam), Ly Thuong Kiet (11th century, fought the Song dynasty), Tran Hung Dao (13th century, fought the Yuan dynasty), Le Loi and Nguyen Trai (15th century, fought the Ming empire, ended a 20-year domination over Vietnam), Nguyen Hue and Bui Thi Xuan (18th century, fought the Qing dynasty).

Today, some of the most central and important avenues in major cities of Vietnam are named after these national heroes.

In 1979,  Chinese troops invaded Vietnam, waging a two-month bloody strike along the 600-kilometer border that the two nations share. This was followed by battles along the borders for another 10 years. Not many countries in the world have had such a long and complicated history with China as Vietnam does. As a result, the anti-Chinese sentiment seems to be deeply rooted in Vietnam’s culture.

Fast forward to today: The territorial dispute over the South China Sea—which also involves Taiwan, the Philippines, Malaysia, and Brunei—is also a factor behind this sentiment. China claims almost all of the area bounded by its nine-dash line. Vietnam claims sovereignty over islands in the Paracel Islands and Spratly Islands, as well as an exclusive economic zone that overlaps with China’s claims.

In 1988, China and Vietnam clashed in the South China Sea when China’s warships attacked and killed 64 Vietnamese soldiers and seized the Johnson Reef. Another battle in recent history was in 1974, when South Vietnam’s navy lost some islands in the Paracel Islands to China’s hands after a bloody battle that left 74 casualties and dozens of others injured. Skirmishes still break out between the two countries, something the Vietnamese frown on.

Vietnam’s long history of battling China spans more than 2,000 years. Its ongoing territorial dispute with the latter over the South China Sea also explains the Southeast Asian nation’s anti-China sentiment and partly accounts for its support for Hong Kong’s pro-democracy movement.

Amid territorial disputes over these islands, Vietnamese people bear the brunt of China’s economic activity in their country. Poor-quality products from China (electronics, clothes, food, etc.) are being sold in Vietnam, and while people complain about shoddy goods from the mainland, they have not found a way to stop the sales of these goods within their borders. More than 91,500 Chinese workers were also living across the country as of January 2020, sometimes making up China towns and clashing with local people.

A Chinese-built section of Hanoi’s new urban railway “has come under fire after reports of deferred deadlines, cost overruns, and dangers to passers-by from falling materials,” reports the Financial Times. Given these trouble at sea, some people even suspect China of wanting to destroy Vietnam’s economy.

Pro-democracy sentiment

Although Vietnam is no longer a communist country and has a market-driven economy, the Communist Party remains the only legal political party. The party requires all Vietnamese to study communism and to worship communist leaders such as Ho Chi Minh, Karl Marx, and Vladimir Lenin.

The society created by the communist regime is marked by corruption and inequality. Yet by an ironic twist of fate, it saved the Vietnamese people from the starvation that the party itself created before it began an economic reform program called Doi Moi in 1986. It abandoned the centrally planned economy model to open up the country to private businesses and foreign investments – a system which it eventually called the “socialist-oriented market economy”. Although Vietnamese people acknowledge that the country has improved significantly economically, severe corruption and deep inequality are among the biggest threats to the regime’s legitimacy. Vietnamese people are well aware that bad governance is the root cause of a slew of major challenges afflicting their lives such as unsafe food, land disputes, low wages, heavy pollution, low-quality education and healthcare, poor infrastructure, wrongful convictions, and a wide range of other human rights abuses.

The state of public governance in Vietnam is similar to China’s – a combination of a communist one-party rule that suppresses human rights and a party-controlled market economy that favors members and sympathizers of the party. It is a system that puts a premium on economic development at the expense of fundamental freedoms.

But while the pro-democracy bias may seem to overlap with the anti-communist sentiment, these are not exactly the same for Vietnamese people. Some of them oppose the communist regime but embrace other authoritarians at the same time. Many Vietnamese admire South Korean dictator Park Chung-hee, Chinese nationalist leader Chiang Kai-shek, and Singapore’s founding father Lee Kuan Yew, who was known for his authoritarian leadership style. This, while they lean toward democratization and support democratic movements such as the ones in Hong Kong, Burma, and Venezuela.

Mass movements

Mass protests introduced a radical change in a repressive regime like Vietnam. More than 30 years after the Vietnam War, joining a mass protest had been taboo in Vietnam, with the attendant risk of going to jail for decades. Few people dared to gather in the streets. Society had been frozen by fear.”

However, reports that China established administrative units in disputed areas in the South China Sea in late 2007 angered the Vietnamese public. Suddenly, mass protests against the Chinese government broke out in the capital city, Hanoi. More protests followed in Ho Chi Minh City in early 2008.

This confused the Communist Party. They had dealt with protests before, but those involved economic issues. These protests were about protecting the country’s territorial integrity, which was at the core of the nationalism that the party had spent its whole history building. Decades of fighting—from the independence struggle with the French before 1945, the Dien Bien Phu victory in 1954, the Vietnam war with the United States, and 10 years of conflict with China starting in 1979—helped build the communist party’s legitimacy.

Eventually, the party cracked down on the protests. Party members could not tolerate any form of social mobilization that could potentially challenge their power.

However, the lamp of freedom had already been lit in the hearts of many Vietnamese. They realized that they must have the right to demonstrate, the right to speech, the right to participate in politics to protect their country, all of which are being suppressed by the Communist Party. For the first time in the country’s history since 1975, Vietnam saw a protest movement in 2011, which lasted for almost three months, from June to August.

In 2014, more anti-China protests flared up across the country, involving not only activists but also workers, farmers, and students, due to China’s deployment of the Haiyang Shiyou 981 oil rig to Vietnamese waters. A similar mass movement happened in June 2018 when the Parliament attempted to pass a special economic zones bill that were seen to open up three strategic areas in Vietnam for China.

In 2014, Vietnamese people took to the streets to protest China’s deployment of an oil rig in the disputed South China Sea.

It is significant to note that most of the mass protests in Vietnam for at least the last decade have been anti-China. All protests have been severely suppressed by the government.

Movie magic

The silver screen has also influenced Vietnam’s perspective on Hong Kong. Hong Kong films have been overwhelmingly popular in Vietnam for decades. These include “The Legend of Condor Heroes” (1994), “Detective Investigation” (1995), “Demi-Gods and Semi-Devils” (1997), “Triumph in the Skies” (2003), among others. It’s not easy to find a Vietnamese over 30 years old that has never watched a Hong Kong film or is unfamiliar with Hong Kong film stars.

Beyond movies, Hong Kong is also a popular tourist destination among Vietnamese, especially during summer and New Year’s holiday.

Until the late 1980s, Hong Kong played the role of a “port of first refuge” for Vietnamese people fleeing political persecutions and abject poverty in their country following the end of the Vietnam War.  In 1989 alone, more than 300 Vietnamese boat people landed in Hong Kong daily. The peak of the migration wave was when Hong Kong became home to 200,000 Vietnamese asylum seekers.

Supporting the democratic movement in Hong Kong came naturally to these refugees, who feel forever indebted to the now beleaguered city.

Hong Kong served as the “port of first refuge” for Vietnamese people fleeing political persecutions after the Vietnam War.

There’s no doubt that Hong Kong pro-democracy movement fits perfectly into the Vietnamese people’s worldview, which has been shaped by the latter’s long and complicated history of dealing with China and communism, as well as nationalist and anti-government fervor.

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Human Rights

Legal Briefing On Democracy Activist Pham Thi Doan Trang’s Arrest

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Photo Courtesy: Pham Doan Trang Facebook.
Photo Courtesy: Pham Doan Trang Facebook.

Pham Thi Doan Trang, a leading democracy activist and a prominent Vietnamese journalist, was arrested on October 6, 2020 in Ho Chi Minh City by Vietnamese police.

Here is a legal briefing updated on the morning of October 9, Vietnam time.

What allegations has the Vietnamese government made against Pham Thi Doan Trang?

Doan Trang is charged with “conducting propaganda against the Socialist Republic of Vietnam” under Article 88 of the 1999 Penal Code, and “making, storing, spreading information, materials, items for the purpose of opposing the State of the Socialist Republic of Vietnam” under Article 117 of the 2015 Penal Code (revised in 2017).

This is a bit complicated. Why are they charging her with two crimes under two separate penal codes? Here is the context:

The 1999 Penal Code (revised in 2009) was replaced by the 2015 Penal Code. The 2015 Penal Code went into effect on January 1, 2018 after being revised in 2017.

The two crimes that Doan Trang is charged with are almost the same. Here is the text:

Article 88. Conducting propaganda against the Socialist Republic of Vietnam

1. Those who commit one of the following acts against the Socialist Republic of Vietnam shall be sentenced to between three and 12 years of imprisonment:

a) Propagating against, distorting and/or defaming the people’s administration;
b) Propagating psychological warfare and spreading fabricated news in order to foment confusion among the people;
c) Making, storing and/or circulating documents and/or cultural products with content against the Socialist Republic of Vietnam.

2. In the case of committing less serious crimes, the offenders shall be sentenced to between 10 and 20 years of imprisonment. 

Article 117. Making, storing, spreading information, materials, items for the purpose of opposing the State of the Socialist Republic of Vietnam

1. Any person who for the purpose of opposing the State of the Socialist Republic of Vietnam commits any of the following acts shall face a penalty of five to 12 years’ imprisonment:

a) Making, storing, spreading information, materials, items that contains distorted information about the people’s government;
b) Making, storing, spreading information, materials, items that contain fabricated information that causes dismay among the people;
c) Making, storing, spreading information, materials, items to cause psychological warfare.

2. An extremely serious case of this offence shall carry a penalty of 10 to 20 years’ imprisonment.

3. Any person who makes preparation for the commitment of this criminal offence shall face a penalty of 1 to 5 years’ imprisonment.

What does this mean?

Here is the date you need to remember: January 1, 2018. That’s the day the new and current penal code took effect.

The only reason Doan Trang is charged with the same crime under both the old and current penal codes is that the government has been “investigating” her activities both before and from January 1, 2018.

Some people suspect that Doan Trang is linked to the Dong Tam case as she authored and distributed two Vietnamese-English reports on Dong Tam (in February and September 2020). Some others think her case is mainly about her role at the Liberal Publishing House, a samizdat publisher founded in February 2019. But the two charges suggest that the police take the case further than that.

What did Doan Trang do before 2018?

Her famous book titled “Politics for the Common People” was published in 2017, and there was a report on the environmental disaster in central Vietnam in 2016. She has been involved in international advocacy work since 2013 and she also played a role in the environmental protest movement in Ha Noi in 2015, as well as other activities

Who is in charge of the investigation?

The Investigation Bureau of the Ha Noi Police. 

Although the arrest was jointly conducted by Ha Noi Police, the Ho Chi Minh City Police, and the Ministry of Public Security (MPS), the lead agency is the local government of Ha Noi.

According to the MPS website, the Investigation Bureau of the Ha Noi Police was the organization that opened the case and filed charges against Doan Trang. The People’s Procuracy of Ha Noi later approved these motions. It is unclear when the motions were filed and approved.

Where is Doan Trang now?

The latest information from the mainstream media is that Doan Trang has been transferred to Ha Noi. Ha Noi Police confirmed the information with the Tuoi Tre newspaper.

Where exactly is Doan Trang being detained? Her family told us that they were informed by Ha Noi Police in the evening of October 8 that she is being detained at Detention Center No. 1 (also known as the new Hoa Lo Prison) in Tu Liem district of Ha Noi.

How long is the pre-trial detention expected to be?

According to Article 173 of the Criminal Procedure Code, as the crime Doan Trang is charged with falls under either the very serious or extremely serious categories of both penal codes, the time limit for detention is four months, and can be extended once for three months.

However, if Doan Trang’s case is categorized as an extremely serious type, the procuracy can extend the detention twice, for four months each time.

The process may be prolonged due to requests for further investigation from the Procuracy or the provincial-level court of Ha Noi. In this case, it could become very complicated as with the case of blogger Nguyen Huu Vinh, who was detained for 22 months before going to trial.

When will Doan Trang be allowed to meet with attorneys and receive family visits?

It’s unclear whether or not Doan Trang will be allowed access to legal representation and to receive family visitation.

According to Article 74 of the Criminal Procedure Code, “the head of the Procuracy is authorized, when confidentiality of investigations into national security breach is vital, to sanction defense counsels’ engagement in legal proceedings after investigations end.”

Articles 88 and 117 fall under the national security chapter of the Penal Code, and therefore access to lawyers is not guaranteed. Even if a lawyer is granted permission to assist Doan Trang, his or her access to the accused, in practice, is not always guaranteed.

Family visitation, according to Article 22 of the Law on Temporary Detention and Custody, depends on the decision of the head of the detention facility. If the investigative agency requests the detention facility not allow the detainee to meet with relatives, the facility head may accept the request, and Doan Trang will not be able to see her family before trial. It’s highly unlikely the facility head would reject such a request by the police.

Here is what the law says:

Article 22. Meetings with relatives, defense counsels and consular access of persons held in custody or temporary detention

[…]
4. The head of a detention facility may not allow a visitor to meet a person held in custody or temporary detention in the following cases, for which he/she shall clearly state the reason:

a. The visitor, who is a relative of the person held in custody or temporary detention, fails to produce his/her personal identity papers or papers proving his/her relationship with such person, or the case-settling agency has requested in writing the detention facility not to let such person meet with his/her relatives for the reason that such a meeting may seriously affect the settlement of the case; the visitor, who is a defense counsel, fails to produce his/her personal identity paper or paper on the defense for the person held in custody or temporary detention;
[…]

If visitation is granted, Doan Trang’s family can visit her once a month, with each visit lasting no longer than one hour.

What’s next?

We don’t know when the investigation will be completed or when Doan Trang will be presented before the court. However, here is what we can expect:

  • The People’s Procuracy of Ha Noi will issue an indictment prosecuting Doan Trang.
  • The trial will be conducted by the People’s Court of Ha Noi, a provincial-level court.
  • After the trial, if Doan Trang appeals, the case will go up to the People’s High Court in Ha Noi, a tribunal higher than provincial level and lower than the supreme level. Usually, political cases stop after the appellate.
  • There is no chance that the case will be brought to the People’s Supreme Court, the highest tribunal of the land, as it requires motions filed by either the prosecutor general or the chief justice, both controlled by the very ruling Communist Party that wants to silence critics to protect their monopoly.

Contact Trinh Huu Long: long.trinh@liv.ngo.

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