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Robbery Unwittingly Exposes Potential Corruption In Vietnam

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Comics about the BOT robbery exposing potential corruption on Tuoi Tre Comics. Photo courtesy: Tuoi Tre Cuoi.

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.

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Ranked 32nd Most Powerful Country in the World, Communist Vietnam Set to Assume Greater International Role in 2020

Ranking comes on heels of defense white paper release detailing foreign policy, assumption of ASEAN chairmanship and UN seat

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U.S. News and World Report ranked Communist Vietnam the 32nd most powerful country in the world in 2019, placing it ahead of nearly all of its peers in the region, with the exception of Singapore, which came in 20th. Of the 80 countries included in the survey, Indonesia ranked 47th, the Philippines 51st, Myanmar 53rd, Thailand 54th, and Malaysia 58th.

The magazine defines powerful countries as those who “consistently dominate news headlines, preoccupy policymakers and shape global economic patterns” and forms its rankings “based on an equally weighted average of scores from five country attributes that related to a country’s power: a leader, economically influential, politically influential, strong international alliances and strong military.”

Communist Vietnam rose two spots in the rankings from 2018, bolstered in particular by its high score for “strong military”. The country’s weakest attribute was its lack of “strong international alliances”, an area which is unlikely to improve, according to the country’s recently released defense white paper.

Communist Vietnam released its 2019 defense white paper November 25, in both English and Vietnamese. It has released such reports irregularly, in 1998, 2004, and 2009. Photo: VNExpress

The paper was the first of its kind released in more than a decade, and at its official launch November 25, Deputy Minister of National Defense Senior Lieutenant General Nguyen Chi Vinh highlighted the “4 No’s” that would guide Communist Vietnam’s foreign policy: “Vietnam will not join any military alliances, will not associate with one party to oppose another, will not allow foreign countries to set up a military [base] in the country…” and “will not use force or threaten the use of force in international relations” unless it is under attack.

In an interview with VNExpress, Vinh defended the country’s policy of no military alliances, stating that “Being a part of such an alliance means you have to completely align with one side and possibly have to confront the other, which means more enemies. Vietnam does not stand by any side but peace, reason, justice, and international laws.”

In writing the white paper, the Central Military Commission (CMC, the highest party organ in Communist Vietnam on military policy) and the Ministry of National Defense (MND) said they consulted with representatives of former senior military leaders, as well as with members of the public who expressed reservations about non-alignment.

The CMC and the MND defended their position, equating non-alignment with independence: “Countries that are members of such an alliance will be placed under the leadership of one country, normally a large and powerful one, and will have to adhere to that union’s principles, even when they are not entirely compatible with the country. Member nations of such a bloc will no longer be independent and have the autonomy to decide things on their own.”

Vietnam watchers have acknowledged that the country’s one-party regime is in a difficult position politically, and an active alliance with either the US or China would bring about its own set of challenges, some existential.

The country’s policy of pacifism, self-defense, non-alignment, and multilateralism, however, belies the strong language it uses against encroachment in the East Sea and even stronger language wielded against “hostile forces” in the domestic realm.

Without explicitly calling out China as the culprit of “unilateral actions” and “power-based coercion”, a section in the white paper makes Vietnam’s opposition clear:

New developments in the East Sea, including unilateral actions, power-based coercion, violations international law, militarisation, change in the status quo, and infringement upon Viet Nam’s sovereignty, sovereign rights, and jurisdiction as provided in international law, have undermined the interests of nations concerned and threatened peace, stability, security, safety, and freedom of navigation and overflight in the region.

Communist Vietnam uses even less-restrained language for its domestic opponents, whom it considers to be at virtual war with:

The hostile forces who conspire with reactionaries and political opportunists inside the country have no given up their plots against the Vietnamese revolution. They focus on destroying political, ideological foundation with a view to eliminating the leading role of the CPV and the socialist regime in Viet Nam, “depoliticising” the VPA, sowing division in the entire nation’s great unity, and driving a wedge between the people and the CPV and the VPA.

“Hostile forces” and “reactionaries” “against the revolution” are blanket phrases that the Vietnamese Communist Party (VCP or CPV) reserves for those who seek to end the Party’s monopoly on power. State media routinely uses these terms to describe activists, dissidents, and those who advocate multi-party democracy and liberal values. That the Vietnamese communist revolution ended in 1986 with capitalist market reforms has not abated the usage of these anachronistic and binary terms.

The VCP also implicitly acknowledges the threat social media and online sources of information pose to “national defense”, and similar to other authoritarian, one-party states, conflates Party security with national security. A cybersecurity law that sparked nationwide protests in 2018 went into effect at the beginning of 2019, and the end of 2019 has seen an upsurge of Vietnamese citizens arrested for writing Facebook posts critical of the communist regime.

According to the white paper, Communist Vietnam’s defense spending totaled approximately 5.8 billion USD in 2018, equivalent to 2.3 percent of GDP, an increase from 2.23 percent in 2010. For comparison, the United States spends 3.2 percent of GDP on defense, while China spends only 1.9 percent.

The full English copy of Communist Vietnam’s 2019 defense white paper can be found here, courtesy of Carlyle Thayer, emeritus professor at The University of New South Wales, Canberra.

Communist Vietnam is also set to assume the rotating chairmanship of the Association of Southeast Asian Nations (ASEAN) from 2020-2021, where according to Thayer, the country will be “in a position to exert strong leadership on Code of Conduct issues [in the East Sea] through bilateral consultations with other ASEAN members and by setting the agenda and issuing the Chairman’s statement at all relevant ASEAN meetings and at all ASEAN Plus meetings.”

Though ideologically aligned with China, Communist Vietnam has often been the lone member of ASEAN to speak up forcefully against Chinese activities in the East Sea, a trend which looks to continue. Vietnam’s deputy foreign minister, Nguyen Quoc Dung, commented at a lecture at The Institute of Southeast Asian Studies in Singapore that he “hope[s…] during our chairmanship China will show restraint and refrain from these activities [that violate Vietnam’s Exclusive Economic Zone],” adding that “it wasn’t that other ASEAN countries supported China’s actions, but that they did not protest in the same way.”

Disputed claims in the East Sea (also known as the South China Sea or the West Philippine Sea). Photo: The Economist

The ASEAN chairmanship rotates through its ten members annually, in alphabetical order. Communist Vietnam last served in the position in 2010.

Concurrently, 2020 will also see Communist Vietnam serve as a non-permanent member of the UN Security Council (UNSC), a position which it bid on and won by unanimous vote. The two-year term will begin in January 2020, and joining the country on the UNSC will be Estonia, Niger, Saint Vincent and Grenadines, and Tunisia.

According to The Diplomat, “during [Vietnam’s] campaign for the seat and in comments thereafter, officials have indicated that [their goals] would generally include areas such as promoting sustainable development and advancing preventive diplomacy, drawing on Vietnam’s own historical experience with war and peace as well as contemporary events such as its hosting of the second Trump-Kim summit.” Communist Vietnam last held a seat on the UNSC in 2008-2009.

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Minister of Propaganda Says Vietnam’s Press Should Serve Party, Prevent “Self-Evolution”

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At a conference on “Strengthening Party-building Work in Press Organizations” last Friday, Mr. Vo Van Thuong, head of Communist Vietnam’s Central Propaganda Committee, reminded attendees that the press must serve the Vietnamese Communist Party (VCP) and the revolution in order to function “stably” and “without error”. 

Referring to a government plan ratified earlier in the year to develop and manage press throughout the country until 2025, Thuong stated that the time for debate had passed and that strict implementation was now key. According to state media and in sentiment echoed by Thuong, the press serves as “an important channel to fight against incorrect information, fake news, news critical of the regime, and that which makes people lose trust in the Party-State.”

In his remarks at the conference, Thuong stressed the importance of ideological work in press organizations and making sure Party cadres and Party members guard against signs of political, ideological, and moral decay. In particular, Thuong warned against signs of “self-development” and “self-evolution”, negative terms that refer to the shift towards liberal democratic values–values which are anathema to the ruling Communist Party.

In this vein, Thuong took to admonishing journalists who lacked “proper training” and were critical of society but not sufficiently critical of themselves. He also stressed the importance of proper training for leadership and suggested greater oversight of the Party committees and organizations involved in press organizations, particularly when it comes to adherence to Party regulations.

“In order to help press organizations develop self-awareness and a more proper nature, we should do as a number of comrades have stated: ‘Sometimes those who educate [Party members and cadres] must themselves be educated’,” Thuong stated.

Thuong reminded attendees that Vietnam’s journalists were journalists of the revolution, journalists of the Party, and journalists of the state; as such, they should work closely with the Central Propaganda Committee, the Ministry of Information and Communication, various central Party committee blocs, and the Vietnamese Journalists Association, in order to strengthen the leadership of the Party.

The plan approved April 2nd of this year also seeks to streamline Communist Vietnam’s press environment, limiting government bodies to one newspaper and one magazine, with a shift to electronic rather than print forms, and with the “Vietnamese Communist Party E-Newspaper” and the Central Propaganda Committee serving as the “core” of the country’s press structure. 

Along with head of propaganda, Thuong is also currently a member of the Politburo (short for “Political Bureau”, the leading body of the Vietnamese Communist Party), and the secretary of the Central Committee (from which members of the Politburo are chosen). In the past, Thuong was deputy secretary of the Ho Chi Minh City (HCMC) Standing Committee, first secretary of the Central Committee of the HCMC Communist Youth Union, and secretary of the Quang Ngai Provincial Party Committee.

According to Reporters Without Borders, Vietnam ranks 176th out of 180 countries in terms of press freedom. Although freedom of the press is guaranteed by Article 25 of the 2013 Vietnamese Constitution, Communist Vietnam is a one-party, authoritarian state that does not tolerate challenges to its power. It controls all official media, newspapers, and publishing houses in the country and regularly censors material that does not conform to sanctioned historical or political narratives.

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New Visa Rules Make It Easier for Foreigners to Work, Invest in Vietnam’s Coastal Economic Zones

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On November 25, the National Assembly (NA) of Vietnam passed amendments to its Law on Entry, Exit, Transit, and Residence of Foreigners that would allow visa-free entry into coastal economic zones, as well as enable visa status changes from inside the country. The amendments were approved with 83.6% of the vote and go into effect July 1, 2020.

The amendments stipulate that in order for a coastal economic zone to quality for the visa-free exemption, it must be separate from the mainland, possess clearly defined territory and boundaries, have an international airport, and must not compromise national security or national defense.

Of note in the amendments is the alternate phrasing “special administrative-economic unit” used to refer to areas affected by the new law. The phrase “special economic zone” (SEZ) is considered sensitive after nationwide protests broke out in June of 2018, in opposition to a Special Economic Zones (SEZ) law that was being considered before the NA. The law would have established SEZs in Van Don, Bac Van Phong, and Phu Quoc, but widespread concern that the SEZs would be overrun by Chinese investors prompted the NA to shelve the law.  

Some Vietnamese have noted that Van Don and Phu Quoc of the previously-shelved SEZ law both qualify for visa-free entry under the new amendments, sparking concerns that the government is attempting to circumvent popular opposition. Representatives of the NA themselves have expressed concerns that opening up these areas to visa-free travel may pose a national security threat and have requested greater government regulation.

But Vo Trong Viet, chairman of the NA Committee on National Defense and Security, has argued that “the amendments would make it easier for foreigners to stay in Vietnam to learn about the market, and look for jobs and investment opportunities without wasting time and money on immigration procedures.”

Also included in the amendment is a stipulation allowing foreigners to change or renew their visa status while inside Vietnam, instead of having to leave the country entirely, as was previous practice. The amendment allows for visa changes by individuals in specific circumstances: “visitors who can prove they are investors or representatives of foreign organizations that make legal investments in Vietnam” and their family members, as well as foreign workers who receive job offers or enter with e-visas (provided they have the requisite work permit or work permit exemption).

Vietnam’s National Assembly, elected in 2016 and currently in its 14th session, consists of 496 members, 475 of which belong to the Communist Party (the remaining 21 are independents). Though largely considered a “rubber stamp” parliament due to a lack of public consultation and debate, discussions over pieces of legislation have increased in recent years, and the NA has begun to assume a larger political role in the eyes of the public. The NA meets twice a year to formally ratify laws, with individual members serving five-year terms.

Elections for the 15th session of the NA are set to take place in 2021.

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