Arrest-without-trial Legalized

In April 1997, the Vietnamese government codified its policy on "administrative detainment" in Directive 31/CP, which was signed by then-Prime Minister Vo Van Kiet. Directive 31/CP gave the Ministry of Interior far-ranging powers to detain dissidents without trial for up to two years. The chief purpose of the policy was to neutralize dissent while avoiding criminal trials which could arouse international attention. [A full translation of the Directive was printed in the October 1997 issue of Vietnam Democracy.] The most prominent Vietnamese citizens targeted by Directive 31/CP have been biologist Ha Si Phu, poet Bui Minh Quoc, and writer Tieu Dao Bao Cu. All three individuals are currently under house arrest in Dalat City (Lam Dong province, southern Vietnam).

In the following letter, Pham Vu Son, a life-long communist, protests the legality of Directive 31/CP to National Assembly Chairman Nong Duc Manh. This Directive clearly violates not only the Universal Declaration of Human Rights, which Hanoi still is a signatory, but also the Constitution and the laws of the Socialist Republic of Vietnam.

By issuing and enforcing Directive 31/CP, Hanoi has shown to the world it has no intention to build a law-binding government as often declared by the leaders the Party and the Government.


June 20, 1998

Respectfully sent to:
- Members of the 10th National Assembly
- Individuals interested in the Vietnamese legal system

On April 14, 1998, prior to the third meeting of 10th National Assembly, I wrote you a letter proposing that you, as chairman of the National Assembly, should introduce for review Directive 31/CP signed by Vo Van Kiet on April 14, 1997. If this Directive were seen to violate the Constitution, Penal Code, and Legal Procedures then a decision to abolish it should be made.

Before writing the letter, I had collected the Constitution, Penal Code, and Legal Procedures and studied all three documents very carefully. Only then did I dare write to you and several other National Assembly members with whom I am acquainted.

I followed the proceedings of the National Assembly on television and completely did not see anyone mention what I proposed.

I have waited a month since the National Assembly concluded its meetings and still have not received a response from you.

I hypothesize (correctly or incorrectly) that there could be three scenarios:

1) You look on me with disdain for being just a citizen and retired veteran in frail health with war wounds.

2) You act out of respect for Mr. Kiet, who signed Directive 31/CP, was a member of the Standing Board of the Politburo, and participated in the revolution long before you.

3) You view Directive 31/CP as correct, not needing any further discussion.

In the first scenario: I think you should follow the example of Ho Chi Minh in dealing with citizens. In your role, you especially need to follow this example more than anyone.

In the second scenario: I think having respect for distinguished revolutionaries is correct. In your role, it is also important to place the interests of the people, of the country, foremost. Based on the Constitution and laws, especially Article 10 of the Legal Procedures, you should discuss the matter with those individuals. I think they will see right and wrong and decide to abolish the Directive. In the third scenario: If you view Directive 31/CP as correct, not needing any further discussion, then in your role, you should explain for me to understand so I can stop wondering. That is the true behavior of a National Assembly member voted by the people and who is their representative. You should not let this silence linger.

In 1982, our country signed and agreed that it would adhere to the 1948 Universal Declaration of Human Rights and the 1966 United Nations International Covenant on Civil and Political Rights.

I view Directive 31/CP as not only making good citizens suffer, but also besmirching the image of a "doi moi" Vietnam before friends in the international community.

My wishes for your good health and happiness. I look forward to a response from you.

Respectfully,
Pham Vu Son
(signed)

Address: House C20, Room 102,
Community Residence Complex Thanh Xuan Bac - Hanoi