V. CONCLUSION

The Communist Party's legitimacy in the eyes of the peasantry, its traditional bedrock of support, lies in its ability to deliver on economic promises. Peasants currently perceive that the market reforms are not delivering economic gains to them, while allowing corruption amongst local officials to flourish. It is clear that unless the Party and the government address the structural inequities which persist in the rural economy, civil unrest seen in Thai Binh and Dong Nai provinces may well spread.

In the aftermath of the Thai Binh protests, Communist Party Secretary Do Muoi identified the need for a system in which citizens are allowed "to exercise their democratic rights through the mass media." 21 But no legislation has been introduced which would guarantee those rights, as defined in Article 53 of the Vietnamese constitution:

Citizens have the right to take part in managing the State and society, in debating on general issues of the whole country or of the locality, and make petitions or recommendations to the state offices.

Instead, new regulations are codifying tools of political and social control, while the protection of civil rights has yet to progress beyond the rhetoric. Despite assistance for legal reform from international donors including the United Nations Development Program, the World Bank, and Asian Development Bank, Vietnam is failing to develop the rule of law in accordance with international standards. The Vietnamese government and the party, ranging from the prime minister's office down to provincial People's Committees, are continuing to issue directives and decrees that curb the rights of citizens and stifle the development of civil society.

For now, all the conditions for further rural unrest remain in place. Major projects of population relocation couldeasily trigger widespread protests. Tension is reportedly already high in northern Son La province, where 40,000 people face relocation in the next five years to make way for a hydroelectric dam. Social and political pressure points will always emerge in economies in transition. The Vietnamese government and party's commitment to listen to the people and redress the economic imbalance will undoubtedly be put to the test many more times in the near future. Reactive responses of social and political clampdown, continued gagging of the press, and application of administrative detention will reinforce a growing perception both within Vietnam and abroad that the Vietnamese leadership is playing no more than lip service to the peasants' grievances and is neither prepared to allow people to exercise their civil rights nor honor the government's commitment to international human rights standards. Human Rights Watch/Asia urges the Vietnamese government and Communist Party to safeguard the right of every person to express peacefully their grievances, to open up the media, and allow the formation of independent associations through which different interests can be represented.

Human Rights Watch/Asia

Human Rights Watch is dedicated to protecting the human rights of people around the world.

We stand with victims and activists to bring offenders to justice, to prevent discrimination, to uphold political freedom and to protect people from inhumane conduct in wartime.

We investigate and expose human rights violations and hold abusers accountable.

We challenge governments and those holding power to end abusive practices and respect international human rights law.

We enlist the public and the international community to support the cause of human rights for all.

The staff includes Kenneth Roth, executive director; Susan Osnos, associate director; Michele Alexander, development director; Cynthia Brown, program director; Barbara Guglielmo, finance and administration director; Patrick Minges, publications director; Jeri Laber, special advisor; Lotte Leicht, Brussels office director; Susan Osnos, communications director; Jemera Rone, counsel; Wilder Tayler, general counsel; and Joanna Weschler, United Nations representative. Robert L. Bernstein is the chair of the board and Adrian W. DeWind is vice chair.

Its Asia division was established in 1985 to monitor and promote the observance of internationally recognized human rights in Asia. Sidney Jones is the executive director; Mike Jendrzejczyk is the Washington director; Robin Munro is the Hong Kong director; Patricia Gossman is the senior researcher; Zunetta Liddell is the research associate; Jeannine Guthrie is NGO liaison; Sarah Cooke is the research assistant; Mickey Spiegel is a consultant; Olga Nousias and Tom Kellogg are associates. Andrew J. Nathan is chair of the advisory committee and Orville Schell is vice chair.

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GOVERNMENT SOCIALIST REPUBLIC OF VIETNAM

Independence Freedom Happiness

ADMINISTRATIVE DETAINMENT POLICY

(issued in attachment with Directive No. 31/CP)

of April 14, 1997 by the Government)

Chapter I:

GENERAL REGULATIONS

Article I - Administrative detainment is an administrative measure to force violators of the laws specified in

Article 2 of this Policy to reside and work in a specific locality and to be placed under the control and

education of the local government and people.

The term of detainment is from 6 months to 2 years.

Article 2- Administrative detainment applies to individuals that violate the laws, infringing on the national security as defined in chapter 1 of the crime section of the Criminal Laws but [their violation is] still not serious enough to be prosecuted criminally

Administrative detainment does not apply to individuals under 18 years of age.

Article 3- Administrative detainment must apply to correct subjects, with proper authorities, procedures and orders as defined in the Order to Deal with Civil Violations and this Policy

It is strictly forbidden to harm the administrative detainee's life, health, honor and human dignity.

Article 4- The decision on an administrative detainment will be carried out at the detainees' place of residence. In case it is deemed impossible to let the administrative detainees reside in critical areas in terms of politics, economic, security, or national defense; or in areas where the detainees have the means to continue their violations of the law and harm the nation's interests. Chairmen province and cities People's Committees under Central jurisdiction (generally called the province level) will decide whether to administratively detain them in other areas within the provinces or cities. After serving out the detainment decision, the detainees can return to their previous place of residence.

People's Committee of districts, provincial capitals, cities under province jurisdiction (generally called the district level) holding the administrative detainees are responsible to create favorable conditions for them to work and live in.

Chapter II

PROCEDURES FOR CONS IDERlNG AND MAKING DECISIONS ON ADMINISTRATIVE DETAINMENT,

AND FOR COMMUTING TERMS OF ADMINISTRATIVE DETAINMENT.

Article 5 - Chairmen of PeopIe's Committees at the district level are responsible for opening files on individuals that need to be put under administrative detainment and presenting these files to Chairmen of People's Committees at the province level for decisions

Village Public Security offices and the People's Committees of villages. districts, provincial capitals (generally called thehamlet level) where individuals that need to be put under administrative detainment live have the responsibilities to help the Chairmen of district People's Committees to collect information and set up files.

Article 6 - The file to recommend administrative detainment consists of

-A brief history of the individual that needs to be put under administrative detainment,

-Data on of violations of the laws by the individual that needs to be put under administrative detainnilent,

-Opinions of the People's Committee of the village where the individual that needs to be put under administrative detainment lives,

-Opinions of the Fatherland Front at the district level,

-Observation of the Public Security office at the district level,

-Recommendations of the Chairman of the district People's Committee.

Article 7- Within 10 days after reeeivlng the file from the district Public Security office, the Chairman of the district People Committee must review and make recommendation in writing to the Chairman of the province People Committee.

Article 8 - The Chairman of the province People Committee will form an advising council, including representative of the leadership of the provincial Public Securly' office, the provincial Justice office, and the provicial Fatherland Front office. The representative of the provincial Public Securty office must be the standing member of the advising council.

Article 9 - The standing member of the advising council has the responsibility to prepare and organize the necessary documents, chair and record the meeting of the council, and represent the council in issuing recommendation for administrative detainment to the Chairmen of the province People's Committee for decision.

Article 10 - Within 30 days upon receiving the file, the advising council must meet to study the file and document the case for the Chairman of the province People's Committee to make decision on. The document presented to the Chairman of the province People's Committee must clearly include the name, date of birth, residency, profession, summary of papers on the violations of the laws by the individual that need to be administratively detained, opinions and conclusion of the advising council, the term and place for the administrative detainment.

If necessary. the meeting can be postponed to collect more proofs or further verify the file on the individual that needs to be administratively detained. The advising council functions as a committee. The meeting of the advising council is attended by the representative of the People's Inspectorate at the province level. The meeting must be recorded, clearly documenting the opinions of all members and opinions of the representative of the People's Inspectorate.

Article 11 - The Chairman of the province People's Committee studies the case and issues the decision to administratively detain within 10 days after receiving the document recommending administrative detainment from the advising council.

In the case the administrative detainee must serve the term in another area, before issuing the decision, the Chairman of the province People's Committee must direct the Chairman of the district People's Committee of that areas to prepare the necessary conditions so the detainee can serve the decision.

The Decision of administrative detainment must include the issue date; fullname and official function of the issuer; full name, date of birth. profession. and place of residence of the administrative detainee; reasons, articles and titles of the laws being applied; length and location of the detainment; the detainee's right to appeal; location and time limit for the appeal.

Article 12 - Within 3 days after signing the decision of administrative detainment, the Chairman of the province People's Committee must send the decision to the detainee, the People's Inspectorete office at the province level, the People's Committee and the Public Security office at the district level, and the People's Committees of the villages where the detainee is living and where he will serve the decision of detainment.

Article 13 - After serving one half of the term of detainrnent, if the administrative detainee shows clear signs

of progress or earns credits according to the standards listed below, the Chairman of the province People's

Committee might review his term of detainment according to the recommendations by the Chairman of the

People Committee of the district where this individual serves the decision of detainment.

- A clearly progressing administrative detainee is someone that shows sincere remorse, labors actively, studies [political teachings], and complies strictly with the regulation of the laws and the Administrative Detainment Policy.

-An administrative detainee will earn credits if this individual has one or more of the following actions: disclosing violations of the laws by other people, helping the Public Security authority in its investigation to detect criminals, having technical ideas to improve production, saving other people's lives in emergency situations. rescuing properties of the State, community or citizens at time of flood, fire, epidemics, etc.

The reduction of the term must not exceed 1/3 of the length of the original term of administrative detainment.

Article 14 - The Public Security office at the district level and the Chairman of the People's Committee of the

village where the detainee resides have the duty to help the Chairman of the district People's Committee in

reviewing and filing papers to the Ctiairman of the province People's Committee lor the commutation of the administrative detainee's term.

The Director of province Public Secunty has the duty to help the Chairman of the People's Committee at the same level review the request for commutation of the term of administretive detainment, based on the recommendations of the Chairman of the People's Committee of the district where the detainee is serving the decision of detainment.

Chapter III:

SPECIFIC REGULATIONS FOR

THE ADMINISTRATIVE DETAINEES

Article 15 - Within 5 days after receiving the decsion of administrative detainment, the detainee must turn himself to the People's Committee of the district where he will serve the decision of administrative detainment. The term of adininistralive detainmoni is counted from the day the detainee turns himself in.

The village People's Committee has the duty to announce the Decision and the content of the Administrative Detainment Policy to the administrative detainee so he can carry them out.

If the administrative detainee fails to present himself within the specified time and has no justiflabte reasons the village People's Committee shall summon the detainee to the office of the People's Committee to flie a citation and force him to serve the Decision.

Article 16 - The administrative detainee must strictly comply with the laws of the State and the Administrative Detainment Policy, study [political teachings]. and labor to become a good person.

Article 17 - During the term of administrative detainment, the detainee must reside and work at the village of the district of the city specified by the decision of administrative detainment: and be placed under the control and education of the local government and people. The detainee can only travel wIthin the area of detainment. If there are justiffable reasons for the detainee to travel outside the village of the district of the city, he must submit a petition according to the following regulations:

-if the travel is within the same district or ward of the city of the province, the Chairman of the village People's Committee can issue the travel permit.

-If the travel is within the same province or city under the Central jurisdiction, the Chairman of the district People's Committee can issue the travel permit.

-If the travel is outside the province or city under the Central jurisdiction, the Chairman of the province People's Committee can issue the travel permit.

If the administrative detainee has to travel outside the area of detainment and temporarily stay at this destination, he is not allowed to stay for more than 5 days at a time. The total number of traveling days must not exceed 1/15 the length of the term of detainment.

If the administrative detainee must go to a specific location daily to study [political teachings] and labor or for other justiffable reasons, the Chairrnan of the People's Committee may consider issuing monthly permit.

On the travel permit issued by the Chairmen of the People's Committee to the administrative detainee, the time limit, the destination and the allowed route [to the destination] must be clearly written.

After being issued the travel permit from the Chairman of the People's Committee, the administrative detainee must carry out exactly as written in the permit. For temporary stay, he must go and present the permit immediately to the village People's Committee of his destination. At the end of the temporary stay, the administrative detainee must request the Chairman of the village People's Committee to certify his temporary stay.

If the detainee leaves his area of detainment without permit, his tIme of absence from the area of detainment will not be counted toward the time served under the decision of administrative detainment.

Article 18 - Once a month, the administrative detainees must appear at and report their effort to carry out the decisions of administrative detainment to the vilage People's Committee of their area of detainment.

The detainees must report to the office of the village People's Committee whenever they are ordered. If they are absent without justifiable reasons, the Chairman of the village People's Committee will summon them to the office of the People's Committee, file a citation, and demand them write their self-criticism on such violations.

Article 19- People currently under administrative detainment are not allowed to hold any leading positions in govemment offices, social organizations, grassroots associations. They are not allowed to do business of special types and a number of professions with which they have access to the means to violate the laws.

Article 20 - The administrative detainee has the right to appeal and to file charges of violations of the administrative detainment laws by individuals or offices that enforce the decisions of administrative detainment, according to the regulations under the Order to Deal with Civil Violations.

Article 21- When an administrative detainee violate the Administrative Detainment Policy or other laws, depending on the manner and scope of the violation, he can be punished for civil violations or prosecuted criminally.

Chapter IV:

RESPONSIBILITIES OF OFFICES THAT ENFORCE

THE DECISION OF ADMINISTRATIVE DETAINMENT.

Article 22 - The village People's Committee of the area where the detainees serve their Decisions has the responsibility to control, educate, and create favorable conditions for the administrative detainees to work and live in. Once every three months. it must send a report to the district People's Committee on the control and education of the administrative detainees, and their compliancewith the detainment regulation in the area.

The village Public Security will help the village People's Commitee in keeping a monitoring file and collaborating with other organizations, local people. and families of the detainees to control and educate the detainees.

Article 23 - The district People's Committee has the responsibilities of directing and monitoring the village People's Committees in their enforcement of the administrative detainment regulations. Once every three months, it must report to the province People's Committee the status of the enforcement of administrative detainment.

Article 24 - The province PeopIe's Committee has the responsibilities of directing and monitoring the lower

People's Committees in their enforcement of the detainment regulations. Once a year, it must report to the

Ministry of Interior the status of the enforcement of administrative detainment in its area.

Article 25 - Public Security offices have the responsibilities to help the People's Committees at the same

levels to enforce the decision of detainment by the Chairman of the province People's Committee.

The administrative detainment files are retained by the Public Security offices.

ArticIe 26 - At the end of the term of administrative detainment, the village People's Committee issues a certificate of completion for the serving of the administrative detainment decision to the detainee. Copies of that certificate are also sent to the district People's Committee and the Chairman of the province People's Committee.

Article 27 - Offices and individuals charged with the authonty to enforce the decisions of administrative detainment must seriously carry out the regulations on detainment and must not create dlfficultties or prevent the detainee from working and having normal lives. If the detainees violate the laws, depending on the manner and scope of the violations, they can be disciplined or prosecuted criminaliy. If the administrative detainees are materially harmed, they must be conpensated.

Article 28 - The Ministry of lnterior has the responsibilities to direct and monitor the enforcement of thIs Policy, and to generate the forms for decisions, certificates, travel permits, summons, and other document forms pertinent to the enforcement of the Administrative Detainment Policy.

From the GOVERNMENT PRIME MINISTER

21 "Ex-Party Chief calls for Mekong Delta rethink," Vietnam Investment Review, 28 July - 3 August 1997.