Soon after taking over the whole country in 1975, the Vietnamese
Communist Party started consolidating its power over the new
territory by systematically eliminating all focal points in
society that could potentially influence or rally the masses.
The Co-Redemption Catholic Religious Order was quickly recognized as one of the prominent pillars of the Vietnamese Catholic Church that needs to be struck down. The Order, founded by Father Tran Dinh Thu in Vietnam, was highly popular among Vietnamese Catholic youth for its embrace of Vietnamese culture in its structure and daily life. All clergies, priests and nuns, like those of Mother Teresa's Order in India, lived among the poor who they served. The Co-Redemption was well known for its wide network of charity services and education.
In 1977, the first major attack was launched. Within weeks, almost all resources and facilities of the Church in the Order's care across central and southern Vietnam -- schools, orphanages, dispensaries, training schools for priesthood, etc., were confiscated and turned into state's properties. Priests and nuns at these sites were forced to return to their families or reapply for permission to stay in the same localities. The only facilities spared from the takeover was the Order's headquarters in Thu Duc.
Without resources and places to work, the Party expected the Order to dissolve on its own. Unexpectedly for the Party, however, the Order lived on. Learning from the experience of their counterparts that had lived for decades under the shadow of the Party in northern Vietnam, the men and women of the Co-Redemption continued to serve their brothers and sisters from their home and maintained contacts with the headquarters.
In 1988, the Party decided to attack the headquarters itself. Troops were sent to surround the 15-acre site and arrested everyone in sight. The Order was later charged with conspiracy for subversion. The evidence produced by the state prosecutors was the "unusual" amount of rice in storage, a number of "reactionary printed materials", and one handgun (which is widely believed to have been planted by the same searching team).
At the age of 82, Father Tran Dinh Thu was sentenced to 20 years in prison. All members of his staff, including clergies and lay-people, received prison terms. The entire population of resident religious students were dispersed to several "Labor-Reeducation" camps. Land, buildings, and other assets at this site automatically became state's properties.
In 1993, under international pressure, and faced with the responsibility of his possible death in prison, Hanoi decided to release Father Tran Dinh Thu and place him under house-arrest ever since.
Living truthfully to his Teacher's words of turning the other cheek, Father Tran Dinh Thu has never asked for any retribution to his name or for the six long years in prison. He, however, now requests for the return of some the Church properties previously in his care to his order and parishioners so they can be used for religious and charity purposes. Following is the full translation of Father Tran Dinh Thu's letter to the Hanoi leadership.
From: Co-Redemption Religious Order
1/5 Binh Phu - Tam Phu
Thu Duc, HCM City
Respectfully sent to:
- Mr. Do Muoi, Secretary General of the Vietnamese Communist Party
- Mr. Tran Duc Luong, President of the Socialist Republic of Vietnam
- Mr. Phan Van Khai, Prime Minister
- And all pertinent Leaders of the Party and the Government
Subject: Petition for the Return of Confiscated Properties
Dear Sirs,
I am Rev. Tran Dinh Thu, born 1906, and the founder of the Co-Redemption Religious Order, which resides at 1/5 hamlet Binh Phu, district Thu Duc, HCM City.
I would like to bring to your attention the following matter.
Under the ruling 414/HS-PT, dated September 7, 1988, by the People's Supreme Court of HCM City, I was to be sentenced to twenty years in prison and all properties [in my charge] confiscated. The ruling declares :
"The entire area of residence and operation of Tran Dinh Thu and associates at hamlet Phu Chau of Thu Duc, including 15 acres of land, all structures, orchards and installations, shall be assigned to the authorities for other uses that benefit society and augment other [public] resources."
Under decision 57 QD/CT, signed on April 30, 1993 by the President of the Socialist Republic of Vietnam, I was released on May 23, 1993, after serving six years,
After my release, on May 31, 1993, I sent a petition to the President and the Prime Minister for the return of our Co-Redemption Order retirement home at 34/2 hamlet Phu Chau. To this day I have not received any reply [from the addressees] to my request.
On September 4, 1993 I received letter, numbered 4821UB-NC, from the People's Committee of HCM City notifying that "The retirement home at 34/2 Hamlet Phu Chau cannot be resolved for [such a release] would violate the ruling of the People's Supreme Court ..."
Gentlemen, the above ruling was based on Article 33 BLHS (Criminal Code); but under this very article, the said ruling has included a number of serious mistakes in applying the Criminal Code and in administering the appeal procedure according to Article 242, Section 4 of the Criminal Litigation Laws.
Indeed, Articles 33(a) and 33(b) of the Criminal Code on the confiscation of crime related valuable objects and money stipulate:
"The Court may confiscate and transfer to the State's fund a) Objects, money that belong to the convicted person and had been used to carry out the crime b) Objects, money that belong to others if these individuals allowed the convicted person to use [such objects and money] to carry out the crime."
At issue is the determination of the ownership of the confiscated 15-acres area at hamlet Phu Chau, Thu Duc, including homes, orchards, fixtures and other installations. Do these properties belong to the convicted person or to other people?
The Co-Redemption facilities was built with initial contribution from worshipers near and far, from Catholic organizations inside and outside the country, and from the Vietnamese Catholics Church. According to Article 1257, Section 1 of the church canon, these properties belong to the universal Church. These facilities were used to serve the parishioners and never for any personal purposes. They, therefore, cannot be regarded as personal properties. Our running of these properties only means that we are managing them for the Church and the parishioners as defined in the regulation on agency management.
Agency management (La gestion d'affaires) entails the willing service of an Agent (le ge'rant) of managing a certain business for another person, who is called the Principal (le ma=EEtre de l'affaire, le ge're'). The legal relationship between the agent and the principal is similar to that between a consignor and a consignee.
With that understanding, it is very clear that I had managed the Co-Redemption Order, ranging from acquisition of properties to other affairs of the Order, merely as a manager. The real owners of the properties are the Vietnamese Catholics Church, the international [Catholics] Church, and the worshipers. In other words, these properties were not personal possession of the convicted person. Under Article 33 BLHS, part 1, point b, these properties could only be legally confiscated if the entire Vietnamese Catholic Church and all Vietnamese Catholic believers had allowed the convicted person to use the properties to commit the crime. Clearly, that is not the case. The Vietnamese Church and worshipers are not guilty in this matter and therefore the said properties should be returned to the real owners -- the Vietnamese Catholic Church and worshippers, according to Article 33 BLHS, part 2.
Gentlemen, we would like to point out that legal issue because we are in urgent need of these properties after our 60 acres of coffee plants and fruit trees in Di Linh, Lam Dong, our fully-equipped dormitories Rang Dong for religious students in Da Lat, our schools in Qui Nhon, Phu My, Phan Thiet, etc., were confiscated in 1977.
While awaiting for your consideration and decision, we respectfully wish you great health to always bring the country forward.
Respectfully,
Tam Phu, October 20, 1997
(Signed)
Rev. Tran Dinh Thu
Sent to:
- As listed above
- The National Assembly
- The People's Supreme Court
- City Party Command
- City People's Committee
- Committee on Religions
- Fatherland Front
- Archbishop Office
- People's Committee of District Thu Duc
- People's Committee of Ward Tam Phu