US embassy cable - 05HANOI267

UNCLAS HANOI 000267 
 
SIPDIS 
 
DEPARTMENT FOR CA, CA/OCS, CA/OCS/ACS/EAP, and EAP/BCLTV 
HO CHI MINH CITY FOR CONS 
 
E.O. 12958: N/A 
TAGS: KOCI, CVIS, CASC, PREL, VM 
SUBJECT:  LETTER FROM DIRECTOR OF CONSULAR DEPARTMENT BUI 
DINH DINH TO A/S HARTY: NOTIFICATION OF ARREST AND CONSULAR 
DISTRICT ISSUES 
 
(U) On January 19th, Post received a diplomatic note asking 
that the following letter from Mr. Bui Dinh Dinh, Director 
of the Consular Department, MFA be delivered to Assistant 
Secretary for Consular Affairs, Maura Harty.  The original 
 
SIPDIS 
was in Vietnamese only, and what follows is Post's informal 
translation.  The text of this letter has been transmitted 
via email and is being repeated in this cable for more broad 
dissemination.  Please advise if the originals require 
transmission to the Department via fax or pouch. 
 
Begin text: 
Dear Assistant Secretary Maura Harty, 
 
At our recent meeting, we discussed openly and frankly a 
number of consular issues in a cooperative and constructive 
spirit. 
 
I share your concern about the implementation of the Agreed 
Minute between the Vietnamese Ministry of Foreign Affairs 
and the U.S. Department of State (1994), which includes the 
[requirements that] notification and authorization be 
granted to representatives of each Mission Office to gain 
consular access to passport holders of the respective 
countries when they are arrested. 
 
In the past, the Ministry of Foreign Affairs has 
collaborated with the relevant Vietnamese agencies in 
implementing the Agreed Minute, and has met as expeditiously 
as possible [the requirement to] notify the U.S. Embassy or 
Consulate General in Vietnam of the arrest or detention of 
U.S. passport holders, and has also arranged for 
representatives of the above-mentioned offices to gain 
consular access to the [arrested or detained] individuals. 
However, a number of the points included in the Agreed 
Minute differ from stipulations of Vietnamese law on legal 
procedures, and therefore the implementation [of such 
points] requires coordination with other relevant Vietnamese 
agencies.  As a result, it was unavoidable that there have 
been a number of cases [and/or] incidents that were not 
processed within the agreed time; but these were just very 
exceptional cases.  We believe that in the future, the 
Ministry of Foreign Affairs will coordinate with the 
relevant Vietnamese agencies to ensure that the 
implementation is in accordance with the agreement. 
 
I am also very concerned about the implementation of this 
Agreed Minute in the United States.  In the past, [there 
have been incidents in which] both the Vietnamese Embassy in 
the United States and the Vietnamese Consulate General in 
San Francisco have not been notified by the U.S. Department 
of State of the arrests [and/or] imprisonment of Vietnamese 
citizens.  We request that the U.S. Department of State 
continue its support for the implementation of the 1994 
Agreed Minute and 1968 Vienna Convention, [and] notify the 
Vietnamese Embassy in the United States and the Vietnamese 
Consulate General in San Francisco within 96 hours of the 
arrest of Vietnamese citizens and allow expeditious consular 
access to arrested Vietnamese citizens. 
 
The request of the United States regarding the expansion of 
the consular district for the activities of the U.S. 
Consulate General in Ho Chi Minh City is under positive 
consideration by the relevant Vietnamese authorities on the 
basis of reciprocity, with a view to promoting the 
friendship and cooperative relations with authorities of the 
southern provinces.  I hope that I can inform you of the 
result at the earliest possible opportunity. 
 
Sincerely, 
(signed) 
Bui Dinh Dinh 
 
End text. 
 
MARINE