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.
Vietnam: Citizens Must Pay Trillions Of Dong For The Party Congress, Regardless Of Party Membership
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.
Hong Kong’s Next-door Ally
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
Legal Briefing On Democracy Activist Pham Thi Doan Trang’s Arrest
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.
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: firstname.lastname@example.org.
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