US embassy cable - 04HANOI3352

UNCLAS SECTION 01 OF 02 HANOI 003352 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EAP/BCLTV 
 
E.O. 12958:  N/A 
TAGS: PGOV, PINR, MARR, VM, DPOL 
SUBJECT: NATIONAL ASSEMBLY PASSES SECURITY LAW, BLASTS PM ON 
GOVERNMENT CORRUPTION 
 
REF: Hanoi 2380 
 
1. (SBU) Summary.  The National Assembly (NA) ended its 
autumn session on December 4 after passing six new laws, 
including two on publishing and national security.  The 
contents of the National Security law have not been 
released, but they reportedly seek to rein in the military's 
intelligence service.  The most high-profile issue of the 
session was corruption, however.  For the first time, the 
Prime Minister agreed to an open question session and was 
faced with tough inquiries over both his personal 
responsibility for systemic corruption and the Party's 
determination to combat this problem.  The active debate 
during the session reflects the National Assembly's 
continued efforts to develop a government watchdog role. 
End Summary. 
 
2. (U) During the National Assembly's autumn session, which 
ran from October 25 to December 4, delegates passed laws on 
competition, electricity, forest protection and development, 
national security, publishing and the issuance of law- 
regulated documents by nationwide People's Councils and 
People's Committees.  The legislature also held special 
sessions for discussions on the education system and 
infrastructure development.  The National Assembly 
subsequently passed resolutions on measures to be taken by 
Government agencies to revamp the national education system 
and rectify waste and corruption in public investment on 
large infrastructure projects. 
 
3. (SBU) Senior Colonel Tran Nhung from Quan Doi Nhan Dan 
(People's Army) newspaper told Pol FSN that the law on 
national security is designed to decrease the influence and 
power of the counter-intelligence General Department Number 
Two (GD2) of the Ministry of National Defense.  The 
department was reportedly given considerable power and free 
rein under former President Le Duc Anh.  Col. Nhung said the 
national security law was passed under pressure from former 
high-ranking military officials who had become victims of 
illegal activities conducted by GD2.  The department had 
attempted to destroy the reputations of certain ranking 
Party and military officials for the sake of factional 
struggles within the Party.  (Note: General Vo Nguyen Giap 
wrote a letter to the Party Central Committee last January 
condemning the activities of GD2 (Reftel).  End note.)  The 
new law, which is unlikely ever to be publicly released, 
reportedly places GD2 back under the jurisdiction of the 
Ministry of National Defense, instead of having it as a 
functional subordinate of the CPV Politburo, said Nhung. 
 
4. (SBU) The new law on publishing requires that owners of 
publishing houses, not authors of items to be published, 
must be responsible for the "political quality" of 
publications.  It also allows private investors to 
"participate in some parts of the publication process." 
During the session, there was considerable debate among 
delegates as to whether the law should allow the 
establishment of non-State publishing houses, although this 
was not included in the final document.  Do Thu Ha, a 
journalist from Tuoi Tre (Youth) newspaper, commented that 
the publishing law at least acknowledges the fact that 
private investors have been playing an important role in the 
publishing industry. 
 
5. (U) Poor planning and corruption in large GVN 
infrastructure projects shaped a significant part of the 
National Assembly's session and was widely reported in the 
press.  Delegates overwhelmingly opposed a GVN proposal to 
put authority for the revamped State Audit Office under the 
Government, arguing that, in order to make it autonomous, it 
should report directly to the National Assembly.  The office 
currently exists as an agency attached to the Government, 
but the Assembly is in preliminary discussions about a bill, 
expected to be passed in 2005, that will strengthen the 
institution.  The revised Audit Office would begin operation 
by 2006.  The legislature also scheduled a bill on anti- 
corruption to be debated in its spring 2005 session (and 
eventually passed in its autumn session later that year.) 
 
6. (SBU) On December 4, Prime Minister Phan Van Khai, in a 
first for any PM, took questions from National Assembly 
members during one of the routine Q&A sessions with cabinet 
members that were televised live at the end of the session. 
Questioning the PM, delegate Le Quang Binh, head of the 
legislature's Board for People's Aspirations (which is 
responsible for collecting public opinions and bringing them 
to the National Assembly's attention), pointedly said that 
there is widespread public concern about waste and losses on 
investment in infrastructure construction, inefficient 
investment of the State's budget and government corruption. 
Delegate Duong Trung Quoc demanded the PM himself take 
personal responsibility for the mistakes and wrongdoings of 
his fellow ministers.  Delegate Nguyen Ngoc Tran not only 
requested that an inter-agency committee be set up soon to 
coordinate anti-corruption efforts, but also questioned the 
Prime Minister about the role of the CPV Politburo.  "No 
bureau/ministry is more powerful than the Politburo.  The 
issue remains whether it is determined to combat 
corruption," Tran said.  Colonel Tran Nhung commented to Pol 
FSN that, "two years ago, no one could imagine" a delegate 
making such a strong statement. 
 
7. (U) PM Khai spent much of his time in the open session 
explaining his anti-corruption plan for the years to come. 
Khai proposed establishing an "independent" anti-corruption 
office, separate from the State Audit Office, which would 
coordinate inter-ministerial efforts to combat corruption. 
Speaking to local press about the proposal, senior GVN 
officials claimed there is a current lack of mechanisms, 
policies and personnel to carry-out anti-corruption efforts. 
The Government Inspectorate, which serves as the official 
watchdog agency, is merely responsible for general oversight 
of the fight against corruption.  The new anti-corruption 
office, once established, must be able to lay down specific 
plans to combat corruption, opined Vu Pham Quyet Thang, 
deputy head of the Government Inspectorate. 
 
8. (SBU) Comment.  The overall results of the autumn session 
are emblematic of the role the National Assembly would like 
to carve out for itself.  The bold way that it seized upon 
the corruption issue and the willingness of delegates to 
question the dedication of the Party to tackling corruption 
reflect both deep public concern about the issue as well as 
the National Assembly's willingness to act as a "voice of 
the people," even when it may embarrass the GVN.  Lest one 
attribute the legislature too much autonomy, however, the 
Publishing Law is a good example of the body's limits. 
Delegates initially spoke out broadly in support of the 
creation of private publishing houses.  However, when the 
GVN -- presumably largely the security minded ministries -- 
weighed in behind closed doors, the final law came out 
considerably more tepid.  Finally the National Security Law, 
which is of considerable importance, was dispatched quickly 
and with little fanfare.  It was likely decided at higher 
levels and given to the legislature as a fait accompli.  End 
Comment. 
 
BOARDMAN