US embassy cable - 05HOCHIMINHCITY1265

UNCLAS SECTION 01 OF 02 HO CHI MINH CITY 001265 
 
SIPDIS 
 
SENSITIVE 
 
FOR PRM/A AND EAP/MLS 
 
E.O. 12958: N/A 
TAGS: PREF, PREL, VM 
SUBJECT: HUMANITARIAN RESETTLEMENT - FIRST JOINT WORKING GROUP 
MEETING 
 
REF: (A) HCMC 74, (B) 04 HCMC 505, (C) HANOI 3029 
 
1.  (SBU) Summary:  U.S. and Vietnamese officials of the Joint 
Working Group (JWG) for Humanitarian Resettlement (HR), led by 
ConGen HCMC DPO Kenneth Chern and Ministry of Public Security 
(MPS) Deputy Director of Emigration and Immigration Phan Dong, 
held their first session November 30 in HCMC.   The Vietnamese 
side raised two contentious issues:  loosening eligibility 
criteria for children of applicants, and USG defrayment of GVN 
implementation costs for HR.  The U.S. side agreed to a GVN 
request to begin the Public Information Outreach (PIO) on 
December 16, in order to give the GVN time to develop PIO 
scheduling plans and materials.  The GVN also requested that we 
provide it with lists of HR applicants, including photos, to 
prevent fraud and facilitate document verification.  The two 
sides agreed that language in two USG draft documents (an 
application form and an information sheet) would be refined in 
time to begin distribution on December 16.  The meeting took 
place in a collegial atmosphere and went longer than initially 
planned due to a detailed discussion of HR implementation 
issues.  Both sides agreed to keep in touch pending a second 
meeting by mutual agreement.  End summary. 
 
2.  (U) The first meeting of the JWG to implement the new HR 
process took place in HCMC November 30.  A USG group led by 
ConGen HCMC DPO Chern, and including Refugee Coordinator David 
Rockey and Embassy Hanoi Political Officer Nathaniel Jensen, met 
with a GVN delegation led by MPS Deputy Director of Immigration 
and Emigration Dong.  Also present for the Vietnamese side were 
MPS Vice Manager of Immigration Le Xuan Vien, Ministry of 
Foreign Affairs Consular Department Deputy Director Thai Xuan 
Dung, and four others. 
 
3.  (SBU) GVN members of the JWG presented four main points for 
consideration in connection with implementation of the PIO and 
of HR more generally: 
 
-  The GVN suggested that the USG loosen the eligibility 
criteria, particularly the restriction on children to those 
under 21 and unmarried, in the interest of family unity, and to 
avoid difficulties in dealing with family members of applicants 
for resettlement. 
 
-  The GVN asked that the USG specify in its information sheet 
exactly what documents applicants should submit in support of 
their applications for the HR's three categories of eligibility: 
 HO (former detainees), U-11 (former USG employees), and V-11 
(former employees of private U.S. companies or organizations). 
 
-  The GVN said it wanted to discuss with the USG and reach 
agreement on the exact breadth and length of the airing time for 
PIO materials, including the best times for information to be 
broadcast and put into publications, to meet the requirements 
contained in the PIO agreement. 
 
-  Claiming that it faced significant costs for purchasing 
broadcast media air time and print advertising space, bringing 
officials from Hanoi to HCMC for meetings, and facilitating the 
work of the JWG, the GVN requested that the USG underwrite all 
these costs.  Deputy Director Dong particularly stressed the 
costs of purchasing airtime and advertising space.  Alluding to 
Vietnam's "free press,"  he noted that the GVN must sign 
contracts for advertising purchases in the major media. 
 
4.  (SBU) The USG members discussed these issues at length with 
the GVN members and made the following points in response to 
these concerns: 
 
-  DPO noted that it was unlikely we would be able to change the 
basic eligibility restriction to unmarried children under 21 
years old as listed in the access criteria, since this had U.S. 
legal implications.  The restriction was based on the U.S. 
Immigration and Nationality Act.  Regarding the GVN's comment 
that many under-21 and unmarried children had not participated 
in ODP when they had had such an opportunity prior to the 
previous application deadline in 1994, the U.S. side pointed out 
that the McCain Amendment program had been implemented to 
address that concern.  We also noted that unless there were some 
U.S. legal change to allow participation by over-21 and/or 
married children of principal applicants (which could also have 
implications for derivative families that extend even to 
great-grandchildren of principal applicants), this restriction 
could not be eliminated.  We did agree to explore the issue 
further with our legal authorities in Washington and to provide 
a more definitive response. 
 
-  Regarding what documents should be submitted as part of the 
applications, the U.S. side said it would develop a list of key 
documents to support requests for consideration under HR, such 
as re-education certificates (for HO), documents providing 
evidence of USG employment (for U-11), and documents relating to 
U.S. private organization employment (for V-11).  We also noted 
that given the variety of circumstances of individual cases, 
such a list could not be comprehensive.  We acknowledged that 
many potential applicants may not have re-education or 
employment documents available after 30 years, and endeavored to 
work with the GVN and with USG offices in the United States to 
make best efforts to verify such claims.  We will include the 
list of key documents with the information sheets and 
application forms that we distribute to potential applicants. 
 
-  On the issue of planning the breadth and length of airing PIO 
information, the U.S. side agreed to let the GVN take the lead 
in developing specific schedules and materials for media and 
print coverage, and consult with us about them through the JWG. 
GVN members said that they would need an additional 15 days to 
prepare adequately their first plans for PIO materials, and the 
JWG agreed that the active dissemination of information for HR 
would begin on December 16. 
 
-  The GVN proposal for funding the HR process was the most 
contentious issue raised.  The DPO noted that the U.S. also had 
expenses such as application and information sheet printing 
costs and bringing staff from Hanoi to HCMC for JWG meetings. 
He said that the USG could not defray the costs that the GVN 
would incur.  Refugee Coordinator pointed out that we had 
initially offered to do the PIO through the International 
Organization for Migration (IOM) as our partner, whereby IOM 
would have purchased airtime and print space at commercial 
rates. However, during negotiations in December 2004, the GVN 
had said it would prefer to manage the PIO itself, without IOM 
involvement (Ref A).  At that time, no mention had been made of 
sharing costs for the PIO.  The U.S. side suggested that most of 
the PIO information should be disseminated through public 
service announcements and press releases; large-volume purchases 
of commercial advertising space should not be necessary.  We 
also noted that the GVN still receives per-capita payments from 
the USG (paid through IOM) each year for all persons traveling 
under the U.S. Refugee Program and that these per-capita 
payments were intended to compensate the GVN for costs incurred 
in cooperating with in-country resettlement programs.  The GVN 
members pressed, asking us to reconsider their request for 
funding, and contending that this would be critical to the 
success of HR.  We undertook to convey their concern to the 
Department. 
 
5.  (SBU) The U.S. side provided the GVN with two draft 
documents that we wish to begin disseminating to people 
requesting information on HR:  a one-page application form that 
requests basic information about the applicant and whether he or 
she has previously applied for ODP; and a general eligibility 
information sheet repeating most of the information contained in 
the initial public announcement document:  a basic description 
of the HR eligibility criteria and warnings not to use agents or 
"fixers" for assistance or to make life-changing arrangements 
(selling property, resigning jobs, leaving school) until 
officially notified of approval for resettlement.  The GVN side 
is reviewing these documents, mainly with a concern to eliminate 
the term "refugee" throughout the documents (Ref B).  With this 
change (and the addition of the list of key supporting 
documents), we expect to begin distributing the application 
forms and information sheets to those making inquiries on 
December 16, concurrent with the start of the PIO. 
 
6.  (SBU) The GVN also asked us to provide it with lists of 
people submitting HR applications, including photos, in order to 
discourage imposters and more generally prevent fraudulent 
applications.  Specifically, the GVN requested that we provide 
lists, on a regular basis, of persons initially submitting 
application forms; of persons deemed eligible for consideration 
after an initial evaluation of their case; of persons deemed 
ineligible for resettlement; and of persons whose cases are 
pended for some reason.  The U.S. side acknowledged that we have 
a common interest in combating fraud and that we had provided 
similar lists throughout the previous ODP process.  (Comment: 
We would need to provide much of this information to the GVN for 
document verification and verifying related case facts in any 
event.  However, we request Department guidance on how best to 
accommodate this request.  End Comment.) 
 
7.  (SBU) The JWG meeting took place in an atmosphere of 
cooperation in implementing operational details of the HR 
process, although both sides recognized that there are issues to 
be worked out.  JWG members on both sides agreed to consult each 
other regularly via e-mail and phone calls between meetings to 
continue resolving operational details, pending the next JWG 
meeting at a time of mutual agreement. 
WINNICK