US embassy cable - 01HANOI2914

UNCLAS SECTION 01 OF 02 HANOI 002914 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, ECON, VM, DPOL 
SUBJECT:   VIETNAM:  NATIONAL ASSEMBLY CHAIRMAN SETS OUT 
LEGISLATIVE AGENDA FOR 2002. 
 
 
1.  SUMMARY:  AT A RECENT BRIEFING FOR THE DIPLOMATIC CORPS, MR. 
VU MAO, CHAIRMAN, OFFICE OF THE NATIONAL ASSEMBLY, SET OUT THE 
NATIONAL ASSEMBLY'S LEGISLATIVE AGENDA FOR 2002.  THE THREE MAJOR 
TASKS OF THE NATIONAL ASSEMBLY WILL BE: REVIEW OF THE ECONOMY AND 
                       UNCLASSIFIED 
 
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APPROVAL OF THE FIVE YEAR PLAN; APPROVAL OF THE BUDGET; AND 
AMENDMENTS TO THE CONSTITUTION.  THE NATIONAL ASSEMBY IS SET TO 
CONVENE ON NOVEMBER 20 FOR THE NEXT SESSION.  SOME OF MAO'S 
COMMENTS WERE CLEARLY DESIGNED FOR HIS "WESTERN" AND DONOR- 
COUNTRY AUDIENCE, BUT HE DID SHED SOME LIGHT ON CURRENT 
VIETNAMESE PRIORITIES.   END SUMMARY. 
 
ECONOMY, BUDGET & CONSTITUTIONAL REFORM 
 
2.  BY THE END OF 2001, THE NATIONAL ASSEMBLY WILL NEED TO REVIEW 
THE ECONOMY AND SET TASKS FOR 2002, INCLUDING APPROVAL OF THE 
BUDGET AND TARGETS FOR GROWTH RATE, INFLATION, ETC.   THE 
NATIONAL ASSEMBLY WILL ALSO NEED TO LOOK AT THE CONSTITUTION IN 
TERMS OF NECESSARY REVISIONS TO MAKE CLEAR THAT THE GOVERNMENT 
ENCOURAGES "ALL ECONOMIC PLAYERS", ACCORDING TO MAO. 
 
3.  MAO CITED DIFFICULTIES THAT THE GOVERNMENT IS HAVING IN 
MOVING FROM A CENTRAL PLANNED SYSTEM TO MORE MARKET BASED AND 
NOTED THAT THE PROBLEMS WILL ONLY GET WORSE IF NOT ADDRESSED. 
THERE CONTINUES TO BE SERIOUS CONFUSION BETWEEN "GOVERNMENT 
MANAGEMENT" AND "BUSINESS MANAGEMENT."  THE MINISTRIES ARE OFTEN 
SO BUSY WORKING ON MANAGING THEIR STATE-OWNED ENTERPRISES THAT 
THEY NEGLECT THEIR "GOVERNANCE DUTIES" HE CHARGED. 
 
4.  THE WORK OF THE NATIONAL ASSEMBLY REGARDING CONSTITUTIONAL 
REVISIONS WILL FOCUS ON: ADMINISTRATIVE REFORM ISSUES; 
ADMINISTRATION OF THE NATIONAL ASSEMBLY; AND ELECTIONS. 
ADMINISTRATIVE REFORM WILL INCLUDE ISSUES RELATED TO COURTS AND 
PROSECUTORY PROCESS (BY END 2002), LOCAL GOVERNMENT RULES, AND 
RULES REGARDING THE PEOPLE'S COUNCILS (BY END 2004). 
 
                       UNCLASSIFIED 
 
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5.  MAO DETAILED THE NEED TO REVISE THE CONSTITUTION (SEPTEL), 
NOTING THAT ALTHOUGH THE PROCESS OF REFORM HAS BEEN ONGOING FOR 
15 YEARS, PROBLEMS AND CHALLENGES REMAIN.  THE GOVERNMENT 
ADMINISTRATION CANNOT MEET THE REQUIREMENTS OF THE NATION.  IN 
PARTICULAR, THE NATIONAL ASSEMBLY NEEDS ADDITIONAL ADMINISTRATIVE 
SUPPORT, ESPECIALLY SINCE IT STARTED TO TELEVISE DEBATES.  FOR 
THE FIRST TIME, THE NATIONAL ASSEMBLY HAS TO RESPOND TO QUESTIONS 
FROM THE PEOPLE, AND THE GOVERNMENT MUST RESPOND TO QUESTIONS 
FROM THE NATIONAL ASSEMBLY. 
 
6.  ACCORDING TO MAO, THE NATIONAL ASSEMBLY CURRENTLY DOES NOT 
HAVE THE DEPTH OR BREADTH OF TALENT TO DRAFT OR APPROVE 
SUFFICIENT LAWS TO MEET THE NEEDS OF A "RULES-BASED" GOVERNMENT. 
STAFF LEVELS FOR THE NATIONAL ASSEMBLY ARE LOW - ONLY 300 
STAFFERS COMPARED WITH 3000 FOR THE JAPANESE DIET - AND NOW THE 
NATIONAL ASSEMBLY IS FACING DOWNSIZING DEMANDS MADE OF ALL 
GOVERNMENT OFFICES.  MOST MEMBERS SERVE ONLY ON A PART-TIME BASIS 
AND THE "QUALITY" OF MEMBERS IS HIGHLY UNEVEN ACCORDING TO MAO. 
HE WOULD LIKE TO SEE THE NATIONAL ASSEMBLY RANKS INCREASE TO 500 
FROM 450 MEMBERS AND TO "BETTER REPRESENT THE 60 PROVINCES, 
MINORITIES, AND WOMEN." 
 
7. THERE IS ALSO AN INTERNAL DEBATE ON THE APPROACH NEW LAWS 
SHOULD TAKE. THAT IS, SHOULD LAWS ALLOW ALL ACTIVITIES IN AN AREA 
EXCEPT THOSE WHICH ARE SPECIFICALLY PROHIBITED?  OR SHOULD LAWS 
PROHIBIT ALL ACTIVITIES EXCEPT THOSE WHICH ARE SPECIFICALLY 
ALLOWED?   (N.B.  THIS IS THE "NEGATIVE LIST" VS "POSITIVE LIST" 
DEBATE.)  MAO NOTED THAT THE NATIONAL ASSEMBLY CAN ONLY PASS 
ABOUT 10 LAWS A YEAR UNDER THE CURRENT RULES BECAUSE EACH 
INDIVIDUAL ARTICLE OF EACH LAW MUST BE DISCUSSED.  ADDITIONALLY, 
THE NATIONAL ASSEMBLY LACKS EXPERIENCED STAFF FOR DRAFTING LAWS 
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SO THE QUALITY OF LEGISLATION IS OFTEN POOR, REQUIRING ADDITIONAL 
DEBATE. (N.B. AT PRESENT, GOVERNMENT AGENCIES DRAFT LEGISLATION 
WITH LITTLE TO NO CONSULTATION BETWEEN MINISTRIES.) 
 
8.  REGARDING REFORM OF THE COURTS AND PROSECUTORY PROCESS, THE 
GOAL OF THE SYSTEM SHOULD BE TO IMPLEMENT JUSTICE, BUT MANY CASES 
RESULT IN UNFAIR JUDGEMENTS, MAO SAID.  THERE IS A NEED TO MAKE 
COURTS MORE ACCOUNTABLE FOR THEIR DECISIONS.  A VIETNAM WHERE 
THERE IS RULE OF LAW AND "DEMOCRACY" IS THE GOAL. HOWEVER, IN 
CERTAIN CASES, THERE ARE PROBLEMS WITH VIOLATIONS OF CITIZENS' 
RIGHTS.  IN ADDITION, SOME PUBLIC EMPLOYEES EXPECT BRIBES TO DO 
THEIR JOBS OR TAKE PAYMENT TO ISSUE WAIVERS TO TAKE ADVANTAGE OF 
GAPS IN THE LAW. TO DEAL WITH THESE PROBLEMS, VIETNAM NEEDS TO 
CHANGE THE LEGAL ENVIRONMENT AS WELL AS CHANGE ATTITUDES AMONG 
PUBLIC SERVANTS. 
 
9.   MAO ALSO DISCUSSED THE NEED TO CLARIFY THE RESPONSIBILITIES 
OF LOCAL GOVERNMENTS VS CENTRAL GOVERNMENT AND TO LOOK AT GREATER 
AUTONOMY FOR LOCAL GOVERNMENTS.  HE NOTED THAT IN VIETNAM, THE 
CENTRAL GOVERNMENT IS INVOLVED IN ALL AREAS - BUT THAT THERE 
NEEDS TO BE GREATER DECENTRALIZATION IN AREAS LIKE EDUCATION AND 
SOCIAL SERVICES.  LOCAL GOVERNMENTS ARE COMPLAINING AND THE 
NATIONAL ASSEMBLY NEEDS TO LOOK AT WAYS TO EMPOWER THEM AS WELL 
AS WAYS TO IMPROVE THE "QUALITY" OF LOCAL OFFICIALS. 
 
10. REGARDING GREATER AUTONOMY FOR HO CHI MINH CITY, MAO NOTED 
THAT IN VIETNAM, GOVERNMENT ADMINISTRATION WORKS ON 4 LEVELS - 
CENTRAL, PROVINCIAL, DISTRICT, AND COMMUNE. THE HCMC DEBATE IS 
ABOUT THE DISTRICT LEVEL ADMINISTRATION - SHOULD IT CONTINUE TO 
EXIST AND IF SO, IN WHAT AREAS?  HCMC HAS PROPOSED REMOVING THE 
PEOPLE'S COUNCIL AT THE DISTRICT LEVEL BECAUSE THE NUMEROUS 
DIFFERENT COUNCILS PREVENT EFFECTIVE GOVERNANCE OF HCMC AS A 
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SINGLE CITY.  MAO ARGUED THAT THE DISTRICT LEVEL WAS STILL 
REQUIRED IN RURAL AREAS AND THE PROPOSAL WAS CONTRARY TO THE 
EXISTING CONSTITUTION.  (N.B.  HE DIDN'T ADDRESS WHETHER THE 
NATIONAL ASSEMBLY WILL ADDRESS THIS ISSUE SPECIFICALLY WHEN 
CONSIDERING AMENDMENTS TO THE CONSTITUTION.) 
 
11.   MAO  CONCLUDED  HIS  TALK WITH  AN  APPEAL  TO  DONORS  FOR 
INCREASED   TRAINING  AND  TECHINICAL  ASSISTANCE  FOR   NATIONAL 
ASSEMBLY  MEMBERS AND STAFF IN ORDER TO IMPROVE  THE  QUALITY  OF 
GOVERNANCE IN VIETNAM.  HE NOTED THAT MOST ASSISTANCE GOES TO THE 
CENTRAL  GOVERNMENT  -  NOT  TO  THE  NATIONAL  ASSEMBLY  OR  THE 
JUDICIARY  BRANCH, WHICH ARE RESPONSIBLE FOR EFFECTING CHANGE  IN 
VIETNAM. 
 
12.  COMMENT: SOME OF MAO'S COMMENTS WERE CLEARLY DESIGNED FOR 
HIS "WESTERN" AND DONOR-COUNTRY AUDIENCE - LIKE INCREASING THE 
PARTICIPATION OF MINORITIES AND WOMEN IN THE NATIONAL ASSEMBLY - 
BUT HE DID SHED SOME LIGHT ON CURRENT VIETNAMESE PRIORITIES. 
INTERESTINGLY, HE DID NOT ONCE MENTION THE RATIFICATION OF THE 
BTA AS A PRIORITY FOR THE NATIONAL ASSEMBLY, WHEN IN FACT MANY 
OTHERS, INCLUDING TOP PARTY LEADERS, GOVERNMENT OFFICIALS AND THE 
PRESS, HAVE EMPHASIZED IT AS A NUMBER ONE PRIORITY FOR THE 
NATIONAL ASSEMBLY WHEN IT RECONVENES IN LATE NOVEMBER. 
PORTER 
 
                       UNCLASSIFIED