US embassy cable - 01HANOI2964

C O N F I D E N T I A L SECTION 01 OF 03 HANOI 002964 
 
SIPDIS 
 
STATE FOR EAP/BCLTV 
 
E.O. 12958: DECL: 11/06/06 
TAGS: PGOV, PHUM, VM, DPOL 
SUBJECT: THE EVOLVING ROLE OF LOCAL LEGISLATURES 
 
REF: HANOI 2885 
 
1. (U) CLASSIFIED BY ROBERT C. PORTER, JR., CHARGE 
D'AFFAIRES, A.I., REASON: 1.5 (D) 
 
2. (C) SUMMARY.  THE GVN IS EMBARKED UPON A COURSE TO 
                       CONFIDENTIAL 
 
PAGE 02        HANOI  02964  01 OF 03  140146Z 
STRENGTHEN THE POWERS OF LOCAL LEGISLATURES BUT IS 
HAMPERED BY ITS OWN TRADITION OF "DEMOCRATIC 
CENTRALISM" AND BY RESOURCE AND PERSONNEL CONSTRAINTS 
AT THE GRASSROOTS LEVEL.  LOCAL OFFICIALS ARE PROUD OF 
THE GREATER ROLES THEIR LEGISLATIVE BODIES HAVE GAINED 
OVER THE PAST DECADE BUT ADMIT THAT LITTLE GENUINE 
DEVOLUTION OF POWER IS IMMINENT.  END SUMMARY. 
 
HANOI'S VIEW ON DEVOLUTION 
-------------------------- 
 
3.  (U)  THE 1992 SRV CONSTITUTION EXPLICITLY 
DESIGNATES PEOPLE'S COUNCILS -- WHICH EXIST ON THE 
PROVINCIAL, DISTRICT, AND TOWNSHIP LEVELS -- AS THE 
"LOCAL ORGAN OF STATE POWER" REPRESENTING THE "WILL, 
ASPIRATIONS, AND MASTERY OF THE PEOPLE."  WHILE THEY 
ARE MORE ACCURATELY REPRESENTATIVE BODIES RATHER THAN 
LEGISLATIVE ENTITIES, THEY FIT INTO VIETNAM'S 
LEGISLATIVE SYSTEM UNDER THE NATIONAL ASSEMBLY.  THEIR 
LOCAL COUNTERPARTS ARE THE PEOPLE'S COMMITTEES, WHICH 
REPRESENT THE ADMINISTRATIVE POWER OF THE STATE ON 
THESE SAME LEVELS.  A 1994 "LAW ON ORGANIZATION OF THE 
PEOPLE'S COUNCIL AND THE PEOPLE'S COMMITTEE" AND A 1996 
"ORDINANCE ON THE CONCRETE TASKS AND POWERS OF THE 
PEOPLE'S COUNCIL AND PEOPLE'S COMMITTEE AT EACH LEVEL" 
FURTHER SPELLED OUT THEIR RESPECTIVE DUTIES VIS-A-VIS 
LOCAL DECISION-MAKING AND SUPERVISION.  A USD 1.3 
MILLION UNDP PROJECT HAS BEEN UNDERWAY SINCE 1999 ON 
"STRENGTHENING REPRESENTATIVE BODIES, WITH FOCUS ON 
PROVINCIAL PEOPLE'S COUNCIL." ITS TARGET HAS BEEN 
PRIMARILY HOW THIS GOAL MIGHT BE ACCOMPLISHED IN THREE 
                       CONFIDENTIAL 
 
PAGE 03        HANOI  02964  01 OF 03  140146Z 
PILOT AREAS -- HAIPHONG CITY, NGHE AN PROVINCE AND BINH 
DUONG PROVINCE. 
 
4.  (C)  IN ADVANCE OF AN OCTOBER 25-NOVEMBER 2 TRIP 
ALONG NATIONAL HIGHWAY ONE TO DISCUSS THIS AND OTHER 
ISSUES (SEPTELS) WITH PROVINCIAL OFFICIALS, POL/C MET 
ON OCTOBER 23 WITH DR. NGUYEN SI DUNG, DIRECTOR OF THE 
NATIONAL ASSEMBLY'S CENTER FOR INFORMATION, LIBRARY AND 
RESEARCH SERVICES AND CONCURRENTLY THE COORDINATOR OF 
THE UNDP PROJECT.  DUNG CLAIMED THAT EVEN HO CHI MINH 
HAD BEEN COMMITTED TO THE PRINCIPLE OF DEMOCRACY, BUT 
ADMITTED THAT ONLY IN THE PAST DECADE HAS THE SRV BEEN 
"RETURNING" TO THIS PRINCIPLE AND SEEKING TO ENHANCE 
THE "RULE OF LAW," BASED ON THE 1992 CONSTITUTION AND A 
GROWING LEGAL FRAMEWORK.  HE NOTED THAT THIS PROCESS 
WOULD "CLEARLY NEED TIME" AND WOULD NOT MIRROR THE US 
SYSTEM, BUT WAS NONETHELESS NECESSARY TO MAKE VIETNAM 
"MORE SUCCESSFUL" IN THE FUTURE.  HE COMPARED VIETNAM'S 
EFFORTS TO BALANCE ECONOMIC AND POLITICAL DEVELOPMENT 
TO "RIDING A BICYCLE" -- EASY TO FALL OVER IF THE EXACT 
BALANCE IS NOT MAINTAINED. 
 
5.  (C)  DUNG NOTED THAT WHILE VIETNAM'S REPRESENTATIVE 
DEMOCRACY WAS MORE INDIRECT THAN THE US MODEL, THE SRV 
WAS NOW COMMITTED TO "PUTTING MORE SUBSTANCE IN THE 
STRUCTURE" OF BOTH THE NATIONAL ASSEMBLY AND THE 
PEOPLE'S COUNCILS.  HE EXPLICITLY REFERRED TO THIS 
PROCESS AS "DEVOLUTION OF POWER" (PHAN QUYEN), WITH THE 
NATIONAL ASSEMBLY INCREASINGLY "SHARING" ITS POWER WITH 
THE LOCAL COUNCILS.  HE SAID THAT DILEMMA NOW -- WHICH 
THE UNDP PROJECT HELPS TO ADDRESS -- IS HOW TO 
                       CONFIDENTIAL 
 
PAGE 04        HANOI  02964  01 OF 03  140146Z 
DETERMINE THE "BEST FORMULA" AND TIMING.  HE CLAIMED 
THAT THERE WOULD BE "CHAOS" IF THERE WERE A "LUMP SUM" 
DEVOLUTION OF POWER, AND THAT CENTRAL AUTHORITIES 
SOMETIMES EVEN HAD A HARD TIME "CONVINCING" LOCAL 
AUTHORITIES TO ACCEPT GREATER RESPONSIBILITY.  HE CITED 
THE MAJOR CONSTRAINTS TO THIS PROCESS AS THE 
AVAILABILITY OF FULL-TIME STAFF FOR THESE BODIES AND 
THE CAPACITY OF THE DEPUTIES THEMSELVES. 
 
6.  (C)  ACCORDING TO DUNG, LOCAL COUNCILS HAD 
VIRTUALLY NO POWERS IN THE PAST, NOR DID THEY HAVE MUCH 
ACCESS TO LOCAL REVENUES.  PRIORITY EFFORTS NOW WILL BE 
ON GRANTING PEOPLE'S COUNCILS MORE AUTHORITY, 
ESPECIALLY OVER BUDGET AND PERSONNEL DECISIONS.  HE 
ADMITTED THAT THERE WAS A RISK THAT THE LOCALITIES 
WOULD USE THIS INCREASED AUTHORITY "UNWISELY."  HE 
NOTED THAT THE PROCESS OF DEVOLUTION WAS NOT 
IRREVERSIBLE IF EXPERIENCE SHOWED THAT IT HAD NOT BEEN 
"SUCCESSFUL."  FOR THE TIME BEING, HOWEVER, THE CLEAR 
"HOPE" OF THE SRV WAS THAT DEVOLUTION WOULD CONTINUE 
AND BENEFIT BOTH LOCAL AND NATIONAL INTERESTS. 
 
VIEW FROM THE PROVINCES 
----------------------- 
 
 
7.  (C) ACCORDING TO BINH THUAN PROVINCIAL CHAIRMAN 
HUYNH TAN THANH, NO NEW POLICY OF "DEVOLUTION" WAS 
UNDERWAY, ALTHOUGH THE PROVINCIAL PEOPLE'S COUNCIL HAD 
BEEN GAINING MORE AND MORE AUTHORITY EVERY YEAR OVER 
THE PAST DECADE.  KHANH HOA PROVINCIAL CHAIRMAN PHAM 
                       CONFIDENTIAL 
 
PAGE 02        HANOI  02964  02 OF 03  140146Z 
VAN CHI NOTED THAT THE BASIC ROLE OF THE PEOPLE'S 
COUNCIL REMAINED TO CONVEY THE OPINIONS OF "THE PEOPLE" 
TO THE PROVINCIAL COMMITTEE.  KHANH HOA PEOPLE'S 
COUNCIL VICE CHAIRMAN DR. LE XUAN THAN SAID THAT WHAT 
WAS UNDERWAY WAS NOT SO MUCH "DEVOLUTION" AS 
"STRENGTHENING" (TANG CUONG) THE ROLE OF THE COUNCILS 
SO THAT THEY CAN BETTER "ANSWER TO THE PEOPLE."  HE 
EXPLAINED THAT THE PEOPLE'S COUNCIL HAS HAD THE 
RESPONSIBILITY OF EXAMINING AND APPROVING THE 
PROVINCIAL BUDGET SINCE 1992, SUBJECT TO NATIONAL 
ASSEMBLY REVIEW.  BEGINNING IN 2002, HE SAID, THE 
PROVINCIAL COUNCIL WILL HAVE EVEN MORE INDEPENDENT 
AUTHORITY. 
 
8.  (C)  THE VICE CHAIRMAN OF BINH DINH PROVINCE'S 
PEOPLE'S COUNCIL SEPARATELY NOTED THAT "ELEVATING" THE 
POWERS OF THE COUNCILS AT PROVINCIAL, DISTRICT AND 
TOWNSHIP LEVELS WAS IMPORTANT, BUT HE MAINTAINED THAT 
THEY TECHNICALLY HAD THE POWER TO "DECIDE" BUDGET AND 
PERSONNEL ISSUES ALREADY.  HE NOTED THAT THE COUNCILS 
WERE MORE INTENT ON STRENGTHENING THEIR "INVESTIGATIVE" 
ROLES, ESPECIALLY CONCERNING THE ACTIVITIES OR 
DECISIONS OF THE PEOPLE'S COMMITTEES.  (COMMENT:  THERE 
IS SOME OVERLAPPING OF SEATS, WITH SOME PEOPLE'S 
COMMITTEE MEMBERS OR LEADERS SIMULTANEOUSLY SERVING AS 
PEOPLE'S COUNCIL MEMBERS OR LEADERS, MAKING SUCH 
ENHANCED OVERSIGHT FRAUGHT WITH DIFFICULTIES.  END 
COMMENT) 
 
9.  (C)  QUANG NAM PROVINCIAL VICE CHAIRMAN HO THI 
THANH LAM ALSO INSISTED THAT THERE WAS NO SIGNIFICANT 
                       CONFIDENTIAL 
 
PAGE 03        HANOI  02964  02 OF 03  140146Z 
CHANGE TO THE AUTHORITY OF THE PEOPLE'S COUNCIL 
REGARDING BUDGETARY AFFAIRS, EXCEPT THAT REPORTING 
REQUIREMENTS TO THE CENTER WERE FEWER NOW.  THE VICE 
CHAIRMAN OF QUANG BINH'S PROVINCIAL PEOPLE'S COUNCIL 
NOTED, HOWEVER, THAT THE NATIONAL ASSEMBLY AND STATE 
WERE COMMITTED TO "STRENGHTENING THE POWERS" OF THE 
COUNCILS.  HE ADDED THAT, BEGINNING IN 2002, THE 
NATIONAL ASSEMBLY WOULD ONLY CONCERN ITSELF WITH THE 
NATIONAL BUDGET AND WOULD ENTRUST BUDGETARY AUTHORITY 
TO THE PROVINCIAL, DISTRICT, AND TOWNSHIP COUNCILS FOR 
THEIR AREAS. 
 
10.  (C)  NGHE AN PROVINCIAL VICE CHAIRMAN HOANG TY 
SEPARATELY SAID THAT PEOPLE'S COUNCILS WOULD HAVE "MORE 
POWER IN ALLOCATING FUNDS" BEGINNING IN 2002 BUT 
MAINTAINED THAT THE COUNCILS ALREADY HAD THE LEGAL 
RESPONSIBILITY TO APPROVE BUDGETS.  HE NOTED THAT THE 
COMPLEXITY ON THIS ISSUE STEMS IN PART FROM HAVING SO 
MUCH OF LOCAL BUDGETS IN THE FORM OF SALARIES FOR 
OFFICIALS -- WHICH ARE FIXED BY THE CENTER BUT 
TECHNICALLY PAID OUT OF LOCAL BUDGETS -- OR MANDATED BY 
THE CENTER FOR NATIONAL PROJECTS SUCH AS ROAD BUILDING 
OR EDUCATION. 
 
HOW THE PROVINCIAL COUNCILS ACTUALLY WORK 
----------------------------------------- 
 
11.   (U)  LIKE THE NATIONAL ASSEMBLY, THE PROVINCIAL 
COUNCILS ARE NOT FULL-TIME BODIES;  ALMOST ALL 
REPRESENTATIVES HAVE OTHER JOBS.  THEY, AS WELL AS 
THEIR COUNTERPARTS ON THE DISTRICT AND TOWNSHIP LEVEL, 
                       CONFIDENTIAL 
 
PAGE 04        HANOI  02964  02 OF 03  140146Z 
ARE EXPECTED TO SPEND TIME IN-BETWEEN MEETINGS TO 
CANVASS LOCAL OPINION IN ORDER TO BE ABLE ACCURATELY TO 
"EXPRESS THE WILL OF THE PEOPLE."  THE NUMBER OF 
REPRESENTATIVES IS BASED ON POPULATION SIZE AND IS 
ADJUSTED EVERY FIVE YEARS, THE TERM OF OFFICE FOR 
PROVINCIAL REPRESENTATIVES.  THIS TERM IS NOT 
CONCURRENT WITH THE NATIONAL ASSEMBLY, WHICH WILL HOLD 
NEW ELECTIONS IN 2002.  MOST PROVINCES ALONG ROUTE ONE 
WILL HAVE THEIR NEXT ELECTIONS FOR PEOPLE'S COUNCILS IN 
2004.  MOST OF THESE PROVINCES HAVE BETWEEN 40-50 
REPRESENTATIVES IN THE PROVINCIAL COUNCILS, ALTHOUGH 
POPULOUS NGHE AN HAS OVER 80.  PROVINCIAL OFFICIALS 
UNIFORMLY CLAIMED THAT REPRESENTATIVES -- AT LEAST AT 
THE PROVINCIAL LEVEL -- HAD HIGH EDUCATIONAL 
QUALIFICATIONS, WITH VIRTUALLY ALL HAVING AT LEAST A 
HIGH SCHOOL DEGREE AND A LARGE NUMBER WITH UNIVERSITY 
BACKGROUNDS.  THEY ADMITTED THAT THIS IS LESS TRUE AT 
THE DISTRICT OR TOWNSHIP LEVEL, HOWEVER. 
 
12.  (U)  PROVINCIAL OFFICIALS DESCRIBED HOW THE 
ONGOING WORK OF PROVINCIAL COUNCILS IS CARRIED ON BY 
THE CHAIRMAN AND VICE CHAIRMEN, WHO ARE NOT SUPPOSED TO 
HOLD THE SAME POSITIONS IN THE PEOPLE'S COMMITTEE (A 
CHAIRMAN OF A PEOPLE'S COMMITTEE COULD IN THEORY BE AND 
OFTEN IN REALITY IS A VICE CHAIRMAN OF THE PEOPLE'S 
COUNCIL, FOR EXAMPLE).  IN MOST OF THE PROVINCES ALONG 
ROUTE ONE, THE PROVINCIAL COUNCILS MEET ONLY TWICE A 
YEAR.  QUANG NAM'S PEOPLE'S COUNCIL BEGAN MEETING FOUR 
TIMES A YEAR IN 2000, WITH "GOOD RESULTS," ACCORDING TO 
PROVINCIAL VICE CHAIRMAN LAM.  NGHE AN'S PROVINCIAL 
                       CONFIDENTIAL 
 
PAGE 02        HANOI  02964  03 OF 03  140146Z 
COUNCIL ALSO HAS BEGUN QUARTERLY MEETINGS.  THE VICE 
CHAIRMAN OF QUANG BINH'S PROVINCIAL COUNCIL CLAIMED 
THAT THERE WAS OFTEN "HEATED DISCUSSION" AMONG 
DELEGATES DURING ITS SESSIONS. 
 
13.  (U)  ALL PROVINCIAL COUNCILS HAVE COMMITTEES ON 
ECONOMIC AND BUDGETARY AFFAIRS;  CULTURAL AND SOCIAL 
AFFAIRS; AND JUDICIAL AFFAIRS.  THOSE PROVINCES, LIKE 
NGHE AN, WITH SIGNIFICANT ETHNIC MINORITY POPULATIONS, 
ALSO HAVE A COMMITTEE ON ETHNIC AFFAIRS.  THESE 
COMMITTEES ARE MADE UP OF REPRESENTATIVES AND TYPICALLY 
HAVE NO PROFESSIONAL OR FULL-TIME STAFF.  ALL 
PROVINCIAL COUNCILS HAVE A SUPPORT OFFICE, WHICH IN 
MOST CASES IS SHARED WITH THE PROVINCIAL PEOPLE'S 
COMMITTEE.  OFFICIALS USUALLY CLAIMED THAT THIS SET-UP 
TENDS TO IMPROVE EFFECTIVE COMMUNICATION BETWEEN THE 
LEGISLATIVE AND ADMINISTRATIVE BRANCHES.  QUANG BINH'S 
PROVINCIAL COUNCIL SET UP A SEPARATE OFFICE IN 1994, 
HOWEVER.  MOST OFFICIALS ADMITTED THE NEED FOR MORE 
SUPPORT PERSONNEL FOR THE COUNCILS, WHETHER IN A SHARED 
OFFICE OR A SEPARATE OFFICE. 
 
14.  (C)  NGHE AN PROVINCIAL VICE CHAIRMAN TY EXPLAINED 
THAT A PRIMARY TASK FOR LOCAL COUNCILS IS TO "PROTECT 
UNITY."  TO DO SO NOWADAYS, HE NOTED, REQUIRED THAT THE 
PEOPLE NEED TO "SEE MORE AND MORE LOCAL POWER," AND 
THAT THE PEOPLE'S COUNCILS UNDERTAKE MORE MEASURES TO 
"MAKE SURE THE VOICES OF THE PEOPLE ARE HEARD."  HE 
POINTED TO THE ONGOING "STRUGGLE" TO IMPROVE THE 
QUALITY OF REPRESENTATIVES AND THEIR PERFORMANCE, 
PARTICULARLY IN MINORITY AREAS.  HE CLAIMED THAT 
                       CONFIDENTIAL 
 
PAGE 03        HANOI  02964  03 OF 03  140146Z 
PERHAPS LESS THAN A MAJORITY OF PROVINCIAL 
REPRESENTATIVES WERE NOW PARTY MEMBERS, SINCE AN 
UNEXPECTED NUMBER OF PARTY MEMBERS LOST THEIR SEATS IN 
THE LAST ELECTION DUE TO POPULAR DISSATISFACTION ABOUT 
THEIR SERVICE.  HE INSISTED THAT PARTY MEMBERSHIP WAS 
LESS IMPORTANT THAN THE ABILITY TO REPRESENT THE PEOPLE 
ACCURATELY AND WELL.   OTHER PROVINCES REPORTED THAT 
AROUND 80 PCT OF DELEGATES ARE PARTY MEMBERS, A RATIO 
SIMILAR TO THAT OF THE NATIONAL ASSEMBLY, ACCORDING TO 
DR. DUNG. 
 
15.  (C)  COMMENT:  GRASSROOTS DEMOCRACY AS KNOWN IN 
THE US IS NOT FLOURISHING IN VIETNAM.  THE COMMUNIST 
PARTY'S FIRM POLICY OF DEMOCRATIC CENTRALISM AND ITS 
LENINIST STRUCTURE MAKE THIS PROSPECT UNLIKELY. 
HOWEVER, SRV AND VCP AUTHORITIES APPEAR TO RECOGNIZE 
THE GROWING NEED TO ENLIVEN THE EXISTING CHANNELS FOR 
EXPRESSION OF LOCAL VIEWS, ESPECIALLY IN LIGHT OF 
POPULAR AND OFFICIALLY ACKNOWLEDGED DISSATISFACTION 
OVER CORRUPTION.  CENTRAL AUTHORITIES ALSO INCREASINGLY 
UNDERSTAND THE IMPOSSIBILITY AND NON-DESIRABILITY OF 
THE CENTER ATTEMPTING TO MAKE ALL DECISIONS DOWN TO THE 
GRASSROOTS LEVEL.  THE ONGOING DEBATE OVER 
CONSTITUTIONAL AMENDMENTS (SEPTEL) REFLECT THESE 
REALITIES, AS WILL PREPARATIONS FOR THE 2002 NATIONAL 
ASSEMBLY ELECTIONS.  IN THE ABSENCE OF SUFFICIENT 
RESOURCES -- INCLUDING INFORMATION TECHNOLOGY -- AND 
WELL-TRAINED STAFF AND REPRESENTATIVES, STEPS TOWARD 
MORE GENUINELY LOCAL AND TRULY REPRESENTATIVE DECISION- 
MAKING WILL BE TIME-CONSUMING AND COMPLICATED.  IT IS 
ALSO FAR FROM CERTAIN THAT SENIOR LEADERS, ESPECIALLY 
                       CONFIDENTIAL 
 
PAGE 04        HANOI  02964  03 OF 03  140146Z 
VCP SECRETARY-GENERAL (AND FORMER CHAIRMAN OF THE 
NATIONAL ASSEMBLY) NONG DUC MANH, HAVE A CLEAR VISION 
OF THE EXACT OUTCOME THEY SEEK FROM THE NASCENT PROCESS 
OF DEVOLUTION OF POWER TO AND/OR STRENGTHENING OF LOCAL 
REPRESENTATIVE BODIES. 
PORTER 
 
                       CONFIDENTIAL