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Respectfully Sent to: The Culture Information Minister
Also Respectfully Sent to: The Prime Minister of the Government
I, citizen Tran Do, would like to present the following matter for your consideration:
1. I have read carefully our country's 1992 Constitution and the Press Laws passed by the VIII Term of the National Assembly in 1989. I found Article 69 of the Constitution, which stated as follows:
"Citizens have the freedom of expression, freedom of the Press, and the right to be
informed ..."
It is very noticeable that the Article clearly states "freedom of the Press".
Section One of the Press Laws provides:
"Article 1: The role and function of the Press51
The Press in the Socialist Republic of Vietnam (SRV) is the means for mass communication, essential for social life. [It] is the mouthpiece of the Party organizations, the Government organs, social organizations. [It] is the forum of the people.
Article 2: Guarantees for freedom of the Press, freedom of expression: The state shall create favorable conditions for citizens to actualize their freedom of the Press, their freedom of expression in the Press, and allow the Press to properly develop its role...
Article 4: Freedom of the Press, citizens' freedom of expression in the Press. Citizens have the rights:
1. To be informed by the Press on all aspects of the nation and the world.
2. ...
3. To express their opinions about the affairs of the nation and the world.
4. To contribute constructive opinions and [ideas] to carry out the policies of the Party and
the regulations of the Government.
5. To add opinions and comments to legislative bills, to complain, to make accusation
in the papers about the Party's organizations, the Government's organs, social organizations, etc.
Our Press Laws have not properly reflected the spirit of the Constitution on freedom of the Press. The Press Laws state "no censorship" but in reality the control is even tighter than censorship. The regulations on [permit] application are severely restricted. [The Laws] do not mention citizens' right to apply. Only organizations are allowed to apply.
However, I am concerned about Article 13 regarding the chief of a press organization. I pay particular attention to part 2 on the conditions to become the chief of a press organization:
Must have Vietnamese nationality and hold permanent residence in Vietnam;
Have adequate qualifications in ideology, ethics, and journalistic capability.
I realize:
I am a Vietnamese citizen, a member of the Communist Party for 58 years, a commissioner of the Party's Central Committee for 4 terms (III, IV, V, VI). My permanent residence is at 97 Tran Hung Dao street, Hoan Kiem district, Hanoi.
I was the leading cadre in publishing Party's newspapers (the Liberators Flag). I was a competent assistant to the late comrade Secretary General Truong Chinh, who was the Editor-in-Chief, for one year (1944-1945).
I served as the Editor of the Ve Quoc Quan (National Defenders) newspaper during my four years in prison from mid 1947 to early 1950.
I contributed to various hand-written papers in prisons like the Suoi Reo paper in Son La, the New Year special issue in Hoa Lo, 1942. [I wrote for] the Anti-Imperialist Youth League's paper in Thai Binh, 1941. Many of my articles were printed on dailies such as the Nhan Dan (People), Quan Doi Nhan Dan (People's Armies), Van Nghe (Entertainment), and Van Nghe Quan Doi (Army's Entertainment); and the Quan Doi Nhan Dan magazine, the Communist magazine, etc. I have been a member of the Writers Association since 1957. A number of my books have been published and read widely.
I consider myself qualified under the laws to become the head of a press organization.
2. Based on the points discussed above, I believe I have enough legal ground and qualifications to request the Minister for a permit to publish a newspaper which will fulfill the function defined in Article 1 of the Press Laws - the Press is the Forum of the People.
3. The current situation of the nation includes many difficult challenges, many new problems without unified solutions. The Plenum 6/2 of the Eighth Party Central Committee also raised the need to collect opinions on the policies for the Ninth Conference. It also listed tens of issues that have multiple interpretations.
The world is going through unprecedented turmoil.
Our country, besides encouraging successes and achievements, is facing new challenges and ever more difficult problems.
Therefore, our country is in great need of ideas, especially from the experienced, the intellectuals, and the writers and artists.
The need for expression is great but the means for expression is absent.
4. I know for sure that many people want to express their ideas. However,
These people with ideas do not want to speak, do not dare to speak, do not know where to speak. They hold their silence in agony.
Some hold certain opinions but have to speak differently, sometimes even in direct opposite to what they think. Some have to speak differently from one place to another. These people are forced to or volunteer to live dishonestly. Such lack of character has become a habit, a lifestyle which bear long term ill effects on social morality.
Many people with ideas find no place to express them or are only offered forums that they don't like. All they can do is to confide their thoughts in face-to-face visits with close friends, or write down those thoughts just to put them away, or exchange their writings with friends illegally.
We have many papers. We have freedom of the Press for organizations. However, those are voices and forums for [Party] organizations and [Government] organs. We have [not] yet had a voice for the people and a forum for the peopleas stipulated by the laws. Even though every [Government] organ and every [Party] organization considers itself as belonging to the people and working "in the name of the people," the people have not had their own voice yet.
A direct forum for the people definitely would not be [ a tool of] capitalistic democracy or limitless democracy but [of] true democracy.
5. I think an independent press organization (independent from all [Party] organizations and [Government] organs), which would serve as the voice and the direct forum of the people, would bring many benefits.
First of all, people with opinions about life and the country would have a legal and open place to express them. We could therefore avoid the spreading of opinions via underground and illegal channels which tend to induce arbitrariness and exaggeration.
Even though the Government (and the Party) is encouraging everyone to speak out, [the Government also] asks that those expressions be made within organizations and via organizations. Many opinions (tens of thousands of letters) have been sent to [Party] organizations and [Government] organs. However, each organ alone judges the worthiness of the opinions [sent to it]. Quite often, the submitted opinions are considered of no value and wrong. The educational level of the evaluators [of these opinions] is in many cases low and very low. As a result, grains of gold are lost in the heap of sand. A tremendous waste!
Given an independent and legal place to speak out, the speaker will have to exercise better care of what he says with rationality and moderation. It will therefore be easier to find the benefiting ideas.
As the opinions would be expressed openly and legally, they could be known and evaluated by everyone, including overseas Vietnamese and foreigners concerning Vietnam. We would then have wider and faster capability to distinguish good from bad, right from wrong, proper from improper. We would benefit from the opinions of not only the presenters but also the evaluators. Seventy million people will not produce seventy million ideas. Maybe a few thousands ideas are more likely. However, the tens of millions of opinions about those thousands of ideas will help US chose the good and right ones. Such practice cannot be [labeled as] limitless democracy or disorderly democracy. It is true democracy. Don't underestimate the people. People in Thai Binh were upset but not disorderly! Everyone admitted Thai Binh residents' anger was justified. If people are right then the cadres must be wrong. And when people are right, they must have the means to express their thought. We must have an independent forum for the people. People of Thai Binh had tried to speak out before but their voice continued to be gagged. They had no choice but to express their anger with actions. Had we had an independent forum for the people, we could have avoided the blocking of people's mind and their consequent anger. Society would be more stable as a result!
6. For those reasons, I write this letter to request the Minister and the Prime Minister allow me to become the head of a press organization. Such an establishment will be:
An independent forum which belongs to no organization or organ.
A people's forum which fulfills all its responsibilities and functions under the laws.
This forum will have a name appropriate to its characteristics and functions -such as Tieng Dan (People's Voice) or Thanh Nghi (Civilized Debate).
I respectfully hope that you will consider this application and issue your approval in principle. Once I have that approval, I will prepare to meet all the conditions and the process to apply for an actual permit because it costs a lot of effort and money to acquire office, staff, reporters, office supplies and communication equipment. I don't want to prepare all that for nothing. I am sure I and my friends (who I will invite to join the paper) have enough knowledge and ability to make the paper fulfill its functions and operate within the laws. I can guarantee that.
I await your reply within the period stated under Article 19 of the Press Laws. Afterward,
I will prepare to apply for the actual permit and will operate only after the permit is granted. Please include the reasons for your approval or disapproval and publicize your precious decision.
I bid you success and await your reply
Applicant
Citizen Tran Do
Reply from the Vietnamese government to Tran Do
Ministry of Culture/ Information
SOCIALIST REPUBLIC OF VIETNAM
No. 1514 / VHTT --BC Independence --Freedom -Happiness
Re: Reply to Mr. Tran Do Hanoi, April 23, 1999
Respectfully Sent to: Mr. Tran Do
The Minister of Culture/ Information received your suggestion, dated April 1, 1999, requesting permission to publish a newspaper headed by you. On this matter, given the function to assist the Ministry of Culture/ Information in managing all journalistic activities, the Press Department has the following opinions:
Article 1, Chapter 1 of the Press Laws, passed by the Sixth Session of the Eighth Term of the National Assembly on December 28, 1989, clearly states: The Press in the Socialist Republic of Vietnam (SRV) is the means for mass communication, essential for social life; [It] is the mouthpiece of the Party organizations, the Government organs, and social organizations (from here on jointly called organizations); [It] is the forum of the people.
Article 12 of the Press Laws also [provides]: The corporate owner of a newspaper is the organization that [applies] for a permit to conduct journalistic activities and that directly manages the newspaper establishment.
Therefore, according to the Press Laws of the Socialist Republic of Vietnam, there is no provision for an individual to apply for a permit to conduct journalistic activities.
The Press Department of the Ministry for Culture -- Information would like to inform you [of that fact] so you know.
Under the Order of Minister of Culture/ Information
Director of the Press Department
(Signed and Sealed)
Do Quy Doan
Received by:
As addressed above
Minister of Culture/ Information
Office Archive / Press Department