Connect with us

Politics

The Socialist Republic of Vietnam: The Country That Rejects Political Pluralism

Published

on

Members of the VCP at their 12th Party Congress in 1/2016. Photo credits: Dantri.com

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.”

His observation echoes that of other foreign governments and international human rights experts, who all recently recommended that Vietnam allows political pluralism to continue its progress.

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.

Human Rights

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

Published

on

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.

Continue Reading

News

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

Published

on

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.

Continue Reading

Free Press

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

Published

on

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.

Continue Reading

Trending