The story first sounded like the twisted plot of a comedy about feudal Vietnam a few centuries back. It went like this:
Three bad guys robbed a court official’s post and shocked the township when news on the enormous amount of money the robbers had taken, spread like wildfire. The officials scrambled to explain the origin of the funds while trying to scale down its size, but only to raise even more suspicion on their corruption among the public.
It was, however, not a movie plot but a real story in Vietnam 2019 with a small difference: the location of the robbery was a well-known BOT (Build-Operate-Transfer) toll booth near Ho Chi Minh City.
During the Tet celebration last week, three men robbed the BOT booth of the Ho Chi Minh City-Long Thanh-Dau Giay expressway in Dong Nai Province. They allegedly took over 2B VND or approximately 86k USD at once. The amount was rumored to be from only one shift of the BOT’s collection activities that day.
Netizens were quick to point out that the robbery happened during the biggest holiday in the country where traffic flow through the main highways and expressways decreased dramatically in Vietnam, leading people to believe that the usual amount this particular BOT booth collects during a regular day would have been a lot higher.
The BOT’s owner – Vietnam Expressway Services Engineering Joint Stock Company (VEC E) – tried to diffuse the situation in an interview with Tuoi Tre newspaper on February 8, 2019, the day after, stating that the amount taken was collected from eight different shifts, not one.
But by then, the amount taken by the robbers was no longer the public’s primary concern.
Instead, people started to demand answers on the validity of the very existence of the toll booth. According to the Facebook page of journalist Ngo Nguyet Huu, the information on how long this particular BOT could continue to collect toll fees seemed to be missing.
Quick math on the average amount of money the BOT booth could generate daily raised more concerns over the potential sum that could have been taken illegally from the commuters if it indeed, did not have the authority to collect.
Some people had pointed out that the BOT booth in question has been operating long enough for it to recover the costs of construction and make enough money in return, casting more doubts on the legality of its existence.
To add fuel to the fire, on February 11, 2019, people on social media went livid when VEC E announced that it would refuse services to two particular vehicles at their Ho Chi Minh-Dau Giay BOT booth indefinitely, alleging the drivers of these cars “had incited disorder behaviors.” Its decision would have the effect of not letting these two cars use the expressway where the BOT booth is located.
Almost immediately, netizens started to call VEC E’s action “unconstitutional,” violating the people’s freedom of movement. Others questioned the company’s authority to enforce their decision. Although considered as a “quasi” government enterprise in Vietnam due to its investment structure, whether VEC E could act under “state action” is still debatable.
The people’s anger has caused the Transportation Department to immediately reassure the public on February 12, 2019, that it will not allow VEC E to refuse services and that all violations at BOT booths should be dealt with according to Vietnam’s administrative procedures.
Allegations of corruption involving BOT booths have been raised in numerous cases in Vietnam recently, and some saw VEC E’s announcement as evidence of BOT’s investors acting under the “protection” of the authorities.
A group of drivers acting as Vietnam’s freedom riders has been protesting against some BOT booths where they openly questioned the legality of some of these booths.
Their works faced intimidation, false imprisonment, and physical assaults by masked men in civilian clothes when they protested at or near the locations of these BOTs.
When these drivers tried to complain to the authorities but only received a slow, and sometimes even no response from the local police forces, the public began to suspect shady business deals between the owners of the BOT projects and the officials.
One of the latest incidents of intimidation happened just last Saturday night, February 9, 2019. A driver names Nguyen Quang Tuy alleged that he was physically assaulted and suffered significant injuries after getting involved in a minor dispute over payment types at Ben Thuy BOT in Nghe An Province.
More Vietnamese people have become vocal and voiced their complaints and discontentment about the BOT fees because they see these as unreasonable additions to the transportation taxes already imposed on them by the government for roads maintenance.
During the past two years, with more than 60 booths stationed throughout the country’s main highways and expressways, BOT is a social and political problem that could only get more severe with time.
Vietnam: Lawyer Disbarred For Speaking Ill Of Regime and The Communist Party
“I have lost my license to practice law forever, with no apparent recourse available,” Vo An Don, one of Vietnam’s most well-known lawyers in recent years, lamented on Facebook on April 9, 2019. Last week, a high court in Danang ruled that the minister of justice’s decision to affirm his disbarment in 2018 remained effective and final.
The 42-year-old lawyer from Phu Yen province, however, is widely recognized for his fierce advocacy. In the past five years, Don took on cases involving some of the more popular political dissidents, such as blogger Mother Mushroom. But he gained the most public attention when he represented the family of Ngo Thanh Kieu, a man who died while in custody after being beaten by the police in 2014. Don had demonstrated tireless efforts in bringing those who committed police brutality to justice in Kieu’s case. Yet on November 26, 2017, he was disciplined by his provincial bar association, and his bar license was taken away. In April 2019, the People’s High Court in Danang sided with the disciplinary decision and let the decision stayed.
According to Tuoi Tre newspaper, the reason for the disciplinary action was because of Don’s “abuse of democratic freedoms to write and to give interviews to foreign press and broadcasters to defame lawyers, the prosecutorial bodies, the (Communist) Party and the State of Vietnam with the intent to incite, propagandize, and misrepresent the truth which had negatively affected the reputation of the Party, the State, the prosecutorial bodies, and other Vietnamese lawyers.”
The Phu Yen Provincial Bar Association’s decision to disbar him came only a few days before the appeal trial of Mother Mushroom, which was on November 30, 2017. Don stated at the time in an interview with BBC-Vietnamese that such a decision was probably politically motivated.
It was not the first time, however, that his local bar association had attempted to discipline Vo An Don. In another interview with RFA in 2014, Don already disclosed that the Phu Yen Provincial Bar Association had tried, unsuccessfully, to disbar him a few times during his representation of the family of Ngo Thanh Kieu. But Don was unfazed and continued with the case, successfully bringing the offending officers to justice.
The case of Ngo Thanh Kieu was probably the first one in recent years where the court convicted a group of police officers for causing death to a suspect in custody. Public opinion, however, was split about the sentences handed down to the former police. Some people thought that the jail terms were too light as the longest one was only a five-year-imprisonment. At the same time, many people also saw Vo An Don as the lawyer who fought for the people’s rights and stood against what they perceived as a corrupt system.
The unintended popularity could be the root of the troubles that later followed the lawyer, who practiced law in one of the poorest areas in Vietnam. Don is often dubbed the “farmer lawyer” in social media because he still has to continue farming to support his family. Practicing law in an honest way, he said, cost him opportunities to “get rich” because he refused to be part of the widespread corruption in Vietnam’s judiciary. His popularity and his candid words about the profession together made him an unpopular person among his fellow attorneys. His allegation of corruption among lawyers was one of the statements that cost him his bar license, as reported by The Law newspaper in Ho Chi Minh City on May 24, 2018.
After the Phu Yen Provincial Bar Association issued its disciplinary decision on November 26, 2017, Vo An Don petitioned the Vietnam Bar Federation in December 2017 for a review. Over 100 Vietnamese lawyers signed a petition asking the Federation to stand by its member’s freedom of expression and stated that the disciplinary action would be a dangerous precedent for the law profession. The Federation still rejected his petition on May 21, 2018.
Don continued to appeal his case with the Ministry of Justice later last year, but the minister of justice also decided against him.
Finally, in December 2018, Don initiated a lawsuit against the administrative decision to uphold the disciplinary action by the minister of justice. But as stated, the court system also did not side with him and effectively allowed the disbarment to remain in effect. The high court in Danang agreed that the dismissal of Don’s case by a lower court was proper.
Both courts had reasoned that the minister of justice’s decision to uphold the disbarment was done within a professional and social organization – the Vietnam Bar Federation. Such a decision did not fall under the categories of subject matters that could be decided in a lawsuit against an administrative order.
At this time, even Vo An Don does not seem to think that there could be any other recourse for him. In the meantime, Don’s case has raised sufficient concerns about the freedom of expression of lawyers in Vietnam and whether their human rights will continue to be subjected to professional disciplinary actions.
The Socialist Republic of Vietnam: The Country That Rejects Political Pluralism
A colleague recently showed me a picture of a document entitled “Personal History” that her friend had sent over. This person was applying for a new job, and even in this day and age, he still had to submit this intrusive Communist-era form along with his employment application, even though the job was private-sector.
This document, in particular, caught my attention because it asked detailed questions about an applicant’s participation in political parties, and quite interestingly, included whether or not he or she had an affiliation with any “reactionary” political parties before 1975, the watershed year in which Vietnam was de-facto reunited under communist party leadership.
The idea of having to include a “Personal History” when applying for a job nowadays is quite perplexing, given the fact that Vietnam has been a “one-party-state” with the Vietnamese Communist Party (VCP) effectively controlling the state apparatus for the past 44 years. Vietnamese under 35 years old have always lived with only one party.
After the Vietnam War, when the two former rival nations of North and South Vietnam de-jure reunited and formed the current Socialist Republic of Vietnam in July 1976, political parties turned into fiction, starting with the official dissolution of all parties previously existing in the former South.
The 1980 Constitution, Vietnam’s first after reunification, granted the VCP absolute leadership over the state and its people with Article 4, a much-maligned article that has survived two rounds of constitutional amendments in 1992 and 2013.
By 1988, the VCP officially became the only party remaining in the country. Two other political parties which had been the allies of the VCP in the North during the Vietnam War, the Social Party and the Democratic Party, announced their dissolution after having completed their “historic mission.”
Even after admitting that these two parties had always followed its directives and never really acted as political opposition forces, the VCP implemented a zero tolerance policy towards other political organizations, allies or not. History, according to the VCP, had decisively chosen the one-party system for the country.
Observers later commented that it was the looming revolutions in the Soviet Bloc at the time which had caused the VCP to quickly sweep away any remnants of a pluralistic past.
It probably was the right decision for the Party’s survival. Vietnam to this day remains one of the last few communist countries in the world, with the VCP effectively consolidating power under its authoritarian rule. In 2006, dissident Hoang Minh Chinh, a former member and general secretary of the Democratic Party, announced his party’s re-establishment and openly challenged the authority of the VCP. His efforts, however, were short-lived. Hoang Minh Chinh passed away in 2008 after losing his battle to cancer.
In March 2019, the Secretariat of the VCP announced that it would begin implementing Directive 33-CT/TW, to develop and strengthen the Party’s membership within the private sector. The directive called for recruitment of new Party members among the leadership of private enterprises, a move that strongly indicated the Party’s continued unwillingness to end its current political monopoly.
It may be a surprise for many Westerners to learn that today, North-Korea has more political parties than Vietnam. As such, elections in Vietnam are probably even more pointless and uneventful than its neighboring communist brothers in Asia although all of them are close to 100% predictable.
In Vietnam, all candidates must get their pre-approval from the VCP by going through a mandatory three-round-vetting process organized by one of its affiliated organizations, the Vietnamese Fatherland Front, before their names could proceed to the ballots.
As the result of this rigorous vetting procedure, nearly all of the 500 seats in the country’s National Assembly (the legislative body and the only group that is elected by the people during elections) belong to the VCP. A handful of “independent” seats go to VCP-approved candidates who are not official party members but have already pledged allegiance to the VCP’s directives.
The National Assembly – according to Vietnam’s Constitution – should be the most powerful branch in the government because it is supposedly “formed by the people, of the people, and for the people.” However, due to the Party’s total control of the electoral process and the complicity of the National Assembly, Vietnamese people do not have much to say in their country’s affairs.
In June 2018, after members of the National Assembly showed overwhelming support for the new Cybersecurity law, with nearly 97% of member voting yes, citizens started calling their assembly representatives to question how they had voted. Over 90% of these representatives refused to respond, with the majority of them not even bothering to pick up the phone.
Members who did pick up loudly shouted back at the callers and told them that they had no right to question their representatives’ votes. When confronted with the fact that the constitution explicitly affords citizens this specific right, representatives abruptly hung up.
All of these interactions between members of the National Assembly and citizens were documented on social media. It became an awakening moment for some Vietnamese because it was quite clear to them that this legislative body was not working “for the people”.
However, bringing up the issue of political pluralism with the current ruling party is harmful to those who dare to ask.
Nothing could land a Vietnamese person in jail quicker than a public announcement that he or she will start a political party. The formation of any kind of political organization alone, like the Brotherhood of Democracy which involves dissident attorney Nguyen Van Dai, or the more recent Coalition for Vietnamese Self-Determination, would cost its members decades behind bars.
All “national security crimes,” as defined in the Penal Code and as interpreted in actual cases at trial, equates any faint sign of opposition against the VCP’s directives and policies with subversion against the people’s government or propagandizing against the state.
On October 23, 2018, VCP General Secretary Nguyen Phu Trong was confirmed president of Vietnam by the National Assembly with 99.79% of the votes. Trong was described as a “party builder rather than a reformist” in a recent piece penned by the experienced Swedish diplomat, Börje Ljunggren, who was Sweden’s Ambassador to Vietnam in the late 1990s.
Trong is, indeed, a stern protector of the VCP’s manifesto, and his famous words in February 2010 is often quoted by the Party’s numerous propaganda materials:
“Vietnam has yet to perceive the objective necessity of having a pluralistic regime, at least for now.”
Former Ambassador Ljunggren, however, has suggested that to fully realize the country’s economic power in this new era, Vietnam must “dar[e] to move beyond the party-state [to] realiz[e] Vietnam’s huge potential.”
These messages, however, may not be enough to convince the Party’s leaders. The government stubbornly continues to credit the VCP for its economic development, again and again echoing Trong’s words from almost a decade ago that the Party does not need any political opposition. Indeed, the March 2019 directive doubles down on the Party’s determination to hold onto power.
It is unlikely that the quest for political pluralism in Vietnam will find answers from within the VCP, including its reformists if there are any.
The future for a pluralistic society in Vietnam is more likely to be found in the growing independent civil society movement and the younger generation. While observers from outside Vietnam may not always see the growth and tireless efforts of these activists, they exist. And while the VCP refuses to acknowledge them, these activists persevere.
One example would be the organized advocacy against the recently-implemented Cybersecurity Law, which has been spearheaded collectively by many young activists across the country who remain hopeful for change. And while the law continues to be “in effect,” the government remains in a dilemma as it has not been able to provide an implementation decree for the law – a requirement in Vietnam if the law is going to be carried out in full force.
The struggle, of course, continues. It is, however, important to acknowledge the fact that such a struggle for change, for democracy and abolishing the political monopoly in Vietnam, exists.
Vietnam: When Workers’ Rights Face Resistance From A Socialist Government
Vietnam’s dismal human rights records in 2017 and 2018 could play a role in delaying the ratification of the much anticipated European Union-Vietnam Free Trade Agreement (EV-FTA) this year.
A group of MEPs from across the EU Parliament’s political spectrum has repeatedly demanded that Vietnam improves its human rights conditions before they would vote on the trade deal.
The latest demand was a joint letter to President Nguyen Phu Trong on February 1, 2019, sent by nine MEPs on the case of Hoang Duc Binh, an environmental and labor rights activist who was sentenced to 14-year-imprisonment in 2018.
Releasing political dissidents and activists would indeed be a sensitive issue for the communist regime to compromise, even for the sake of clinching the ambitious EV-FTA deal where Vietnam could expect a 15% GDP gain.
But there has always been another human rights condition which one would assume that it should have received natural cooperation from the socialists in Hanoi: the ratification of the remaining three ILO (International Labor Organization) conventions.
That, however, has not been the case.
Vietnam, while rejoined the ILO since 1993, to date, has yet to ratify the following three conventions:
- ILO Convention No. 87 – Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87)
- ILO Convention No. 98 – Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
- ILO Convention No. 105 – Abolition of Forced Labour Convention, 1957 (No. 105)
In late 2018, Vietnam ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CP-TPP) where a specific clause (Article 19) also addresses similar conditions regarding labor and workers’ rights.
On the ground, the Vietnamese government is proposing a roadmap that could take almost five years to get all three ILO conventions ratified.
It is not fast enough for the EU’s MEPs, and as of right now, these ILO conventions continue to be part of the obstacles to move the EV-FTA forward.
Vietnam maintains that its current Labor Code and legal framework would protect the rights of workers in the country while waiting for the Draft of the amended Labor Code to be reviewed and passed by its Congress later in 2019, paving the way for the ratification of the ILO conventions to take place between now and 2023.
In reality, impracticality contradicts the government’s claim.
For example, it is not meaningful to discuss the right of association and the protection of the right to organize according to ILO Convention No. 87 when Vietnam, to date, has refused to pass laws on the freedom of association and the right to assemble and demonstrate although their Constitution of 2013 guarantees these rights to all of its people.
Participation in demonstrations, moreover, could likely lead to arrest, detention, and conviction for “inciting public disorder” in Vietnam.
In June 2018, mass protests broke out in a few major cities against the then pending draft bills of the cybersecurity law and the development of three special economic zones in Vietnam. In response, the police arrested and detained hundreds of people.
One of the “hot spots” considered by the police of Ho Chi Minh City as reported by state-owned media at the time, was near the Taiwanese Pou Yuen factory in Binh Tan District where some workers did join in the protests between June 9 and June 13, 2018.
According to the organization The 88 Project, more than 60 people were arrested, tried, and sentenced to between 24-36 months imprisonment due to their participation in those demonstrations. Some of them are believed to be factory workers from the outskirts of Ho Chi Minh City.
The legal system continues to create hurdles in the registration processes for independent organizations. It is an issue which the UN Human Rights Committee has brought up with Vietnam before its upcoming CCPR (Covenant on Civil and Political Rights) review in March 2019.
At the end of 2016, Vietnam had attempted – but failed – to pass the Law on Association when it faced a defiant opposition from civil society organizations, both registered and unregistered.
One of the reasons which caused the majority of NGO workers in Vietnam to go against the proposed bill then, was because it attempted to criminalize the receiving of foreign funding and gave preferential treatment to GONGO(s) (Government-organized non-governmental organizations).
The Vietnam General Confederation of Labour (VGCL) – the only labor union in Vietnam right now – is not only a GONGO but also takes directives from the Vietnamese Communist Party.
During his speech in front of the National Assembly on November 2, 2018, the Vice-Chairman of the VGCL, Ngo Duy Hieu, cautiously reaffirmed that the ratification of the CP-TPP requires Vietnam to recognize independent unions while tried to cast doubts on their credibility.
At the same time, the government has yet to legally recognize any organization – large or small – formed by private citizens that could remotely represent an independent union for workers.
Vietnam, in 2017, reported an estimated population of approximately 26M workers in a variety of different industries.
The possibility of getting arrested and jailed under the current legal scheme, however, did not seem to deter a portion of these Vietnamese workers from exercising their rights.
Protests organized by workers continued to happen in Vietnam regardless, with the most common reason often linked to improving wages and working conditions – which ILO Convention 97 on collective bargaining could help.
Indeed, the government probably has already anticipated that the ratification of the ILO conventions would encourage even more workers to come together and organize themselves, independent from the VGCL in the future, once the legal landscape changes.
It is a slippery slope that Hanoi fears as it may spread to other sectors in society, which could explain the cautious approach in their proposed roadmap for the ratification of the three ILO conventions.
Accordingly, Vietnam proposed that they will present the National Assembly with the Draft of the amended Labor Code in May 2019 and expected the new law would pass at the next congressional meeting in October 2019. Also in 2019, the President will present ILO Convention No. 98 to the National Assembly for ratification. Next, it would be ILO Convention 105 in 2020, and finally ILO Convention No. 87 to be presented in 2023.
The proposed roadmap by the Vietnamese government, however, seems to have failed to convince the EU Parliament that workers’ rights are being protected, enough to move the EV-FTA forward.
The European Council has delayed their vote for EV-FTA last month. With the deadline for amendments also get postponed indefinitely, it is unlikely that the current EU Parliament will vote on the EV-FTA before their upcoming election in May 2019.
The 88 Project: Bringing the silent voices of Vietnam to a larger audience
Imprisoned Dissident – Anh Ba Sam – Encountered Odd Events Before Release Date
Vietnam: Lawyer Disbarred For Speaking Ill Of Regime and The Communist Party
Exploring Tam Dao National Park, Group Of Vietnamese Youths Robbed And Beaten By Unknown Men
Online Campaign “If not NOW then WHEN?” Seeks To Stop Sexual Abuse In Vietnam
Vietnam Accused “Hostile Forces” Of “Abusing” Ba Vang Pagoda Story. What Is Ba Vang?
Sick And Injured Inmates In Vietnam Face Inadequate Medical Treatment, Torture
The Socialist Republic of Vietnam: The Country That Rejects Political Pluralism
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