US embassy cable - 02HANOI3037

UNCLAS SECTION 01 OF 03 HANOI 003037 
 
SIPDIS 
 
E.O. 12958:  N/A 
TAGS: PGOV, PREL, ECON, VM, DPOL 
SUBJECT:  WRAP-UP OF THE 11TH NATIONAL ASSEMBLY 2ND SESSION 
 
REF:  HANOI 1780 
 
1.  (U)  SUMMARY.  THE 11TH NATIONAL ASSEMBLY (NA) CONCLUDED 
ITS SECOND SESSION ON DECEMBER 16, HAVING BEGUN ITS USUAL 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  03037  01 OF 03  200759Z 
YEAR-END MEETING ON NOVEMBER 12.  NA DELEGATES REVIEWED 
REPORTS OF THE GOVERNMENT ON SOCIO-ECONOMIC SITUATION IN 
2002, SET TARGETS FOR 2003, AND DISCUSSED AND PASSED SEVERAL 
LAWS AND LEGAL DOCUMENTS, NAMELY THE LAW ON PROMULGATION OF 
LEGAL DOCUMENTS, AND THE LAW ON THE STATE BUDGET.  DELEGATES 
QUESTIONED SELECTED CABINET MEMBERS DURING A THREE-DAY 
QUESTION-AND-ANSWER SESSION, ALTHOUGH THERE WERE COMPLAINTS 
ABOUT THE LIMITED TIME AND THE LACK OF OPPORTUNITY TO QUERY 
THE NEW MINISTER OF PUBLIC SECURITY.  THE NA AT LAST 
APPROVED A RESOLUTION FOR THE CONSTRUCTION OF THE 
CONTROVERSIAL SON LA HYDROELECTRIC PLANT, WHILE PRIVATELY 
CONTINUING TO EXPRESS SOME RESERVATIONS.  RELATIONS WITH THE 
U.S. CAME UNDER BRIEF SCRUTINY, ALTHOUGH THE OVERALL 
ASSESSMENT APPEARED TO HAVE BEEN POSITIVE.  OVER 100 "FULL- 
TIME" NA DELEGATES HAVE NOW BEEN APPOINTED AND SHOULD BEGIN 
WORK AT THE CENTRAL AND LOCAL LEVELS SOON.  END SUMMARY. 
 
SOCIO-ECONOMIC SITUATION 
------------------------ 
 
2.  (U)  DURING THE ANNUAL DISCUSSION ON THE GVN REPORT ON 
SOCIO-ECONOMIC DEVELOPMENTS, SOME DELEGATES VOICED 
DISSATISFACTION THAT THE GVN HAD FAILED TO PRESENT EFFECTIVE 
MEASURES TO SOLVE MANY KEY PROBLEMS, IN PARTICULAR 
WIDESPREAD OFFICIAL CORRUPTION AND WASTE, HIGH RATES OF 
UNEMPLOYMENT, AND INADEQUATE ADMINISTRATIVE REFORM. 
DELEGATES NONETHELESS PASSED THE RESOLUTION PROPOSED BY THE 
GVN WITH THE FOLLOWING MAIN GOALS, INTER ALIA, FOR 2003: 
--  GDP GROWTH BY 7-7.5 PCT 
--  EXPORT VALUE UP BY 7.5-8 PCT 
--  TOTAL INVESTMENT TO ACCOUNT FOR 35 PCT OF GDP 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  03037  01 OF 03  200759Z 
--  1.5 MILLION NEW JOBS 
--  JOB TRAINING FOR OVER 1 MILLION PEOPLE 
--  HOUSEHOLDS UNDER THE POVERTY LEVEL DECLINE TO 12.5 PCT 
--  MALNOURISHED CHILDREN REDUCED TO 28 PCT 
--  BIRTH RATE REDUCTION OF 0.04 PCT 
 
3.  (U)  THE NA, AS EXPECTED, PASSED THE 2003 BUDGET, IN 
WHICH EDUCATION STILL RECEIVES THE LARGEST SHARE, AND ALSO 
AMENDED BUDGETARY RESPONSIBILITIES TO GIVE MORE AUTHORITY TO 
LOCALITIES. 
 
LEGISLATION 
----------- 
 
4.  (U)  THE NA PASSED A LAW ON AMENDMENTS AND CHANGES TO 
THE LAW ON PROMULGATION OF LEGAL DOCUMENTS (ALSO REFERRED TO 
AS THE LAW ON LAWS), REGULATIONS ON SESSIONS OF THE NATIONAL 
ASSEMBLY, REGULATIONS ON NATIONAL ASSEMBLY DELEGATES AND 
PROVINCIAL PARLIAMENTARIAN DELEGATIONS. DELEGATES ALSO 
DISCUSSED AND COMMENTED ON SEVERAL DRAFT LAWS, INCLUDING THE 
LAW ON THE NATIONAL ASSEMBLY'S SUPERVISORY ACTIVITIES AND 
THE LAW ON NATIONAL BOUNDARIES.  THE NA ADOPTED A RESOLUTION 
ON ITS 2003-2007 WORKPLAN TO DRAFT AND PASS 137 LAWS, 
ORDINANCES, AND RESOLUTIONS.  (COMMENT:  IT IS UNCLEAR 
WHETHER THIS REFERS TO SPECIFIC LEGISLATION ALREADY IN THE 
WORKS OR NOT.  IT IS, AT BEST, A MODEST WORKPLAN GIVEN THE 
LEGAL CHALLENGES FACING THE GVN OVER THIS DECADE.  END 
COMMENT) 
 
5.  (U)  NA DELEGATES TURNED DOWN ONE OF THE MOST 
CONTROVERSIAL PROPOSED AMENDMENTS TO THE LAW ON LAWS.  THE 
                       UNCLASSIFIED 
 
PAGE 04        HANOI  03037  01 OF 03  200759Z 
GVN HAD PROPOSED THAT INTERNATIONAL AGREEMENTS SHOULD 
PREVAIL IN CASES IN WHICH THEY CONFLICTED WITH DOMESTIC 
LAWS.  (NOTE: THIS WAS A DIRECT ATTEMPT TO ADDRESS THE ISSUE 
OF CONFORMITY WITH THE BTA AND EVENTUALLY, THE WTO 
AGREEMENTS, WITHOUT HAVING TO GO BACK AND CHANGE UPWARDS OF 
200 LAWS AND REGULATIONS THAT WILL CONFLICT.  END NOTE)  THE 
DELEGATES DECLINED TO APPROVE THE CHANGE, CITING 
"SOVEREIGNTY" REASONS.  JUSTICE MINISTER UONG CHU LUU, ON 
BEHALF OF THE GVN, INFORMED THE NATIONAL ASSEMBLY THAT THE 
ITEM WOULD BE RE-WRITTEN IN A NEWER VERSION OF THE LAW.  IN 
ANOTHER MOVE, DELEGATES ALSO VOTED TO AMEND EXISTING GVN LAW 
SO AS TO REQUIRE THAT ALL LAWS BECOME EFFECTIVE ONLY AFTER 
PUBLICIZED IN THE PUBLIC GAZETTE (ANOTHER BTA REQUIREMENT ON 
TRANSPARENCY).  THERE WAS SOME OPPOSITION TO THIS MOVE; SOME 
DELEGATES DECLARED IT WAS "IRRATIONAL" AND OTHERS CLAIMED 
THE CHANGE WAS TOO VAGUE AND PREFERRED TO HAVE EACH LEGAL 
DOCUMENT SPECIFY EFFECTIVE DATES. 
 
6.  (U)  NA DELEGATES ALSO VOTED TO ESTABLISH AN AD-HOC 
COMMITTEE TO EXAMINE MORE CAREFULLY THE DRAFT LAW RELATED TO 
ITS OWN SUPERVISORY AND INSPECTION ACTIVITIES.  THE NEW BODY 
WILL BE HEADED BY A MEMBER OF THE NA STANDING COMMITTEE, 
WILL INCLUDE 25 MEMBERS, AND WILL ALSO SEEK INPUT FROM 
EXPERTS INSIDE AND OUTSIDE THE NA.  ACCORDING TO A SENIOR 
STAFF MEMBER FROM THE OFFICE OF THE NATIONAL ASSEMBLY (ONA), 
THE ESTABLISHMENT OF THIS AD-HOC COMMITTEE IS 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ5631 
 
PAGE 01        HANOI  03037  02 OF 03  200759Z 
ACTION EAP-00 
 
INFO  LOG-00   NP-00    AID-00   CEA-01   CIAE-00  COME-00  CTME-00 
      DODE-00  DOEE-00  ITCE-00  DOTE-00  SRPP-00  DS-00    EB-00 
      EXME-00  OIGO-00  E-00     FAAE-00  FBIE-00  UTED-00  VC-00 
      FRB-00   H-01     TEDE-00  INR-00   IO-00    ITC-01   LAB-01 
      L-00     VCE-00   AC-01    NSAE-00  NSCE-00  OMB-01   OPIC-01 
      PA-00    PM-00    PRS-00   ACE-00   P-00     SP-00    SSO-00 
      STR-00   TEST-00  TRSE-00  USIE-00  PMB-00   DSCC-00  PRM-00 
      DRL-02   G-00     NFAT-00  SAS-00     /009W 
                  ------------------1AADF7  200800Z /38 
R 200716Z DEC 02 
FM AMEMBASSY HANOI 
TO SECSTATE WASHDC 8432 
INFO AMCONSUL HO CHI MINH CITY 
AMEMBASSY PHNOM PENH 
AMEMBASSY VIENTIANE 
USCINCPAC HONOLULU HI 
 
UNCLAS SECTION 02 OF 03 HANOI 003037 
 
SIPDIS 
 
 
 
"UNPRECEDENTED" AND IS SEEN AS A SIGN OF THE NA'S GROWING 
ASSERTIVENESS. 
 
7.  (U)  SEVERAL DELEGATES DURING THE SESSION EXPRESSED 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  03037  02 OF 03  200759Z 
FRUSTRATION OVER WHAT THEY PERCEIVED AS AUTHORITARIAN 
BEHAVIOR BY SOME AMONG THE NA LEADERSHIP WHEN DELIBERATING 
ON DRAFT LEGISLATION DURING PLENARY SESSIONS.  IN TRYING TO 
PERSUADE DELEGATES TO ACCEPT THE GVN DRAFTS, THESE LEADERS 
APPEARED TO DAMPEN OPPORTUNITIES FOR DELEGATES TO HAVE FRANK 
AND OPEN DISCUSSIONS ON SOME OF THE MORE CONTROVERSIAL 
ISSUES.   NA CHAIRMAN NGUYEN VAN AN AT SEVERAL TIMES DURING 
THE PLENARY SESSIONS APPARENTLY HAD TO BEG THE PARDON OF THE 
DELEGATES IN RESPONSE TO THEIR DISCONTENT. 
 
8.  (U)  ADDITIONALLY, SOME DELEGATES WERE REPORTEDLY UPSET 
THAT THEIR "RATIONAL" COMMENTS WERE NOT REFLECTED IN FINAL 
LEGISLATION.  THERE WERE APPARENTLY OPEN ARGUMENTS BETWEEN 
SOME DELEGATES AND CABINET MINISTERS (WHO REPRESENTED 
CHAIRMEN OF THE DRAFTING UNITS) DURING PLENARY MEETINGS OF 
THE NA.  DELEGATE NGUYEN DINH LOC, THE MINISTER OF JUSTICE 
UNTIL AUGUST 2002, AT ONE POINT PUBLICLY CALLED UPON 
MINISTER OF FINANCE NGUYEN SINH HUNG "TO LISTEN TO RIGHT 
COMMENTS FROM THE NATIONAL ASSEMBLY" AFTER HUNG DECLINED TO 
ACKNOWLEDGE POINTS RAISED BY DELEGATES ABOUT THE REVISED LAW 
ON STATE BUDGET. 
 
QS-AND-AS WITH CABINET MEMBERS 
------------------------------ 
 
9.  (U)  TO THE DISAPPOINTMENT OF MANY DELEGATES, MINISTER 
OF PUBLIC SECURITY LE HONG ANH WAS NOT ONE AMONG THE FEW 
CABINET MINISTERS TO ATTEND THE 3-DAY Q&A SESSION, WHICH WAS 
CARRIED LIVE ON NATIONAL TELEVISION.  SOME DELEGATES SAID 
THAT ANH SHOULD BE OBLIGED TO RESPOND TO COMPLAINTS THAT THE 
MPS HAD FAILED EFFECTIVELY TO DEAL WITH THE NAM CAM MAFIA 
                       UNCLASSIFIED 
 
PAGE 03        HANOI  03037  02 OF 03  200759Z 
GANG AND THE ALLEGED INVOLVEMENTS OF MPS OFFICIALS 
(INCLUDING TWO MPS MINISTERS WHO LOST THEIR POSITIONS AND 
WERE ALSO DEMOTED IN RANK). 
 
10.  (U)  SEVERAL OBSERVERS NOTED THAT THE Q&A SESSION 
APPEARED MORE STAGED THAN IN PREVIOUS YEARS, WITH MINISTERS 
USING THEIR ALLOCATED TIME MERELY TO READ PREPARED REMARKS, 
LEAVING LITTLE TIME FOR DISCUSSION.  SOME DELEGATES HAVE 
COMPLAINED THAT THE TIME ALLOCATED FOR THE Q&A SESSION WAS 
TOO SHORT OVERALL.  PUBLIC INTEREST IN THE LIVE COVERAGE 
APPEARED MINIMAL. 
 
SON LA DAM-- AT LAST! 
----------------------- 
 
11. (U)  AFTER YEARS OF DESIGN, DEBATE, INTERNATIONAL 
CRITICISM, AND THE REFUSAL OF THE NA IN EARLIER SESSIONS TO 
APPROVE A LARGER VERSION OF THE SON LA HYDROELECTRIC DAM IN 
THE PROVINCE OF THAT SAME NAME, THE NA APPROVED A SCALED- 
DOWN VERSION THAT WILL BE BETWEEN 205-215 METERS HIGH AND 
REQUIRE THE RELOCATION OF BETWEEN 79-91,000 MOSTLY ETHNIC 
MINORITY PEOPLE (ACCORDING TO ONE NA DELEGATE, ALL WITHIN 
THE SAME PROVINCE).  ESTIMATED COSTS WERE PROJECTED AT 
BETWEEN USD 2-2.5 BILLION, WITH THE GVN CLAIMING 70 PCT WILL 
BE FINANCED DOMESTICALLY.  AFTER THE VOTE, ONE NA DELEGATE 
TOLD POL/C THAT NA DELEGATES NOW WERE "MORE SATISFIED, BUT 
NOT SATISFIED" WITH THE COMPROMISE PROJECT.  SEPTEL WILL 
EXAMINE THE DAM PROJECT AND ITS ECONOMIC AND SOCIAL 
IMPLICATIONS. 
 
FOREIGN POLICY 
                       UNCLASSIFIED 
 
PAGE 04        HANOI  03037  02 OF 03  200759Z 
-------------- 
 
12.  (U)  FOREIGN MINISTER NGUYEN DY NIEN ON DECEMBER 4 GAVE 
A BROAD OVERVIEW OF THE GVN'S SUCCESSES IN THE INTERNATIONAL 
ARENA OVER THE PAST YEAR, BUT LOCAL MEDIA MERELY SUMMARIZED 
HIS REMARKS BRIEFLY.  ONA CONTACTS DECLINED TO PROVIDE 
EMBASSY A COPY OF HIS REPORT.  ACCORDING TO ONE NA DELEGATE, 
FM NIEN PRAISED POSITIVE DEVELOPMENTS IN US-VIETNAM 
RELATIONS, BUT NOTED SOME "NEGATIVE" INFLUENCES.  ANOTHER NA 
DELEGATE SEPARATELY SAID THAT HE HAD INFERRED FROM FM NIEN'S 
COMMENTS ABOUT THE U.S. THAT THERE WERE "NEGATIVE FORCES" IN 
THE U.S. TRYING TO INFLUENCE US POLICYMAKERS, BUT THAT THE 
USG ITSELF MAINTAINED A CONSTRUCTIVE POLICY TOWARD VIETNAM 
AND BOTH GOVERNMENTS WERE CONTINUING TO IMPROVE AND EXPAND 
RELATIONS REGARDLESS. 
 
STAFFING 
-------- 
 
13.  (U)  ONE OF THE NEW FEATURES OF THE 11TH NATIONAL 
ASSEMBLY WAS THE DESIGNATION OF 125 "FULL-TIME" MEMBERS, WHO 
WERE APPARENTLY NAMED IN AUGUST, ALTHOUGH THEIR IDENTITIES 
WERE NOT PUBLICIZED AND THE MEDIA HAS YET TO REPORT ON THEM 
OR THEIR EXACT ROLES.  AFTER MONTHS OF EMBASSY REQUESTS FOR 
CONFIRMATION OF THEIR EXISTENCE AND A NAME LIST, THE NA 
ADDED THEIR NAMES TO ITS WEBSITE IN EARLY DECEMBER AND SENT 
 
                       UNCLASSIFIED 
 
                           UNCLASSIFIED     PTQ5632 
 
PAGE 01        HANOI  03037  03 OF 03  200800Z 
ACTION EAP-00 
 
INFO  LOG-00   NP-00    AID-00   CEA-01   CIAE-00  COME-00  CTME-00 
      DODE-00  DOEE-00  ITCE-00  DOTE-00  SRPP-00  DS-00    EB-00 
      EXME-00  OIGO-00  E-00     FAAE-00  FBIE-00  UTED-00  VC-00 
      FRB-00   H-01     TEDE-00  INR-00   IO-00    ITC-01   LAB-01 
      L-00     VCE-00   AC-01    NSAE-00  NSCE-00  OMB-01   OPIC-01 
      PA-00    PM-00    PRS-00   ACE-00   P-00     SP-00    SSO-00 
      STR-00   TEST-00  TRSE-00  USIE-00  PMB-00   DSCC-00  PRM-00 
      DRL-02   G-00     NFAT-00  SAS-00     /009W 
                  ------------------1AADF8  200800Z /38 
R 200716Z DEC 02 
FM AMEMBASSY HANOI 
TO SECSTATE WASHDC 8433 
INFO AMCONSUL HO CHI MINH CITY 
AMEMBASSY PHNOM PENH 
AMEMBASSY VIENTIANE 
USCINCPAC HONOLULU HI 
 
UNCLAS SECTION 03 OF 03 HANOI 003037 
 
SIPDIS 
 
 
EMBASSY A NOTIFICATION TO THIS EFFECT.  VIRTUALLY ALL ARE 
ASSIGNED TO ONE OF THE EIGHT MAJOR COMMITTEES. 
 
14.  (U)  THERE ARE TWO TYPES OF "FULL-TIME" MEMBERS: 
                       UNCLASSIFIED 
 
PAGE 02        HANOI  03037  03 OF 03  200800Z 
CENTRAL, AND LOCAL.  THOSE AT THE CENTRAL LEVEL WILL HAVE 
OFFICES IN HANOI, ALBEIT WITHOUT PERSONAL STAFFS AS OF YET. 
THE LOCAL FULL-TIME MEMBERS WILL MAINTAIN AN OFFICE IN EACH 
PROVINCE, AND ARE SUPPOSED TO RESPOND TO CONSTITUENT 
COMPLAINTS AND REQUESTS.  ONE NA DELEGATE FROM BINH DINH 
ADMITTED TO POL/C ON DECEMBER 27 THAT THE PROVINCIAL OFFICES 
HAD NOT YET BEEN SET UP BUT WOULD GET GOING SOON IN 2003. 
HE LAMENTED THE LACK OF ADMINISTRATIVE SUPPORT FOR THE FULL- 
TIME MEMBERS, MUCH LESS THE REGULAR DELEGATES.  HE NOTED 
THAT THE NA RECEIVES AT LEAST 200,000 LETTERS FROM 
CONSTITUENTS EACH YEAR.  TO REPLY TO HIS CONSTITUENTS, HE 
MUST UNDERTAKE WHATEVER RESEARCH HIMSELF AND DRAFT HIS OWN 
LETTERS, ALTHOUGH THERE IS IN PRINCIPLE CLERICAL SUPPORT IN 
THE ONA TO TYPE OUTGOING LETTERS. 
BURGHARDT 
 
                       UNCLASSIFIED