In July of 1999, the Hanoi authorities rejected dissident Tran Do's application to start an independent newspaper. This rejection draws strong reactions from the international press associations and human rights organizations. Hanoi's prohibition of citizen-run newspaper is a blatant violation of the freedom of the Press, clearly stated in the United Nations' Covenant on Civil and Political Rights and solemnly signed by the Vietnamese government itself.
Recently, the Free Vietnam Alliance received a copy of Tran Do's letter of application and the government's unfavorable reply. We enclosed the translation of these letters for your reference on the lack of press freedom in Vietnam. We hope that you will help distribute this information and join us in the campaign to pressure the Vietnamese authorities to approve Tran Do's application and rescind all laws forbidding freedom of the Press.
The Free Vietnam Alliance is ready to exchange information and cooperate with your organization in the overall effort to actualize human rights and freedoms everywhere in the world.
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 wrote "freedom of the Press". Section One of the Press Laws stated: "Article 1: The role and function of the Press The Press in the Socialist Republic of Vietnam (SRV) is the means for mass communication, essential for social life. [It] is the mouthpieces of the Party’s organizations, the Government’s organs, social organizations. [It] is the forum of the people. (T.D. emphasizes) Article 2: Guarantees for freedom of the Press, freedom of expression: The state shall create the favorable condition for citizens to actualize their freedom of the Press, their freedom of expression in the Press; and allows the Press to properly develop its role (T.D emphasizes). … Article 4: Freedom of the Press, citizens’ freedom of expression in the Press. Citizens have the rights: (Emphases are made by T.D.) Our Press Laws have not properly reflected the spirit of the Constitution on freedom of the Press. The Press Laws wrote "no censorship" but in reality the control is even tighter than censorship. The regulations on [permit] application are severely restricted. [The Laws] did 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 particularly pay attention to part 2 on the conditions to become the chief of a press organization: I realize: 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 the 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, We have many papers. We have freedom of the Press for organizations. However, those are the voices and forums for [Party’s] organizations and [Government’s] organs. We have yet had the voice for the people and the forum for the people as stipulated by the laws. Even though every [Government’s] organ and every [Party’s] organization consider themselves belonging to the people and working "in the name of the people", the people have not had their own voice yet. People’s direct forum is definitely not [ a tool of] capitalistic democracy or limitless democracy but [of] true democracy. 5. I think an independent press organization (independent from all [Party’s] organizations and [Government’s] organs), which serves as the voice and the direct forum of the people, will bring many benefits. First of all, people with opinions about life and the country have a legal and open place to express them. We can, 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 but [the Government also] asks those expressions be made within organizations and via organizations. Many opinions (tens of thousands of letters) have been sent to [Party’s] organizations and [Government’s] organs. However, each organ and that 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 is, therefore, easier to find the benefiting ideas. As the opinions are expressed openly and legally, they can be known and evaluated by everyone, including overseas Vietnamese and foreigners concerning about Vietnam. We then have the wider and faster capability to distinguish the good from the bad, the right from the wrong, the proper from the improper. We benefit from the opinions of not only the presenters but also the evaluators. 70 million people will not produce 70 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: 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
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 stated: The Press in the Socialist Republic of Vietnam (SRV) is the means for mass communication, essential for social life; [It] is the mouthpieces of the Party’s organizations, the Government’s organs, and social organizations (from here on jointly called organizations); [It] is the forum of the people.
Article 12 of the Press Laws also defined: The corporate owner of newspapers is the organization that has applied for the permit to hold journalistic activities and directly manages that newspaper establishment.
Therefore, according to the Press Laws of the Socialist Republic of Vietnam, there is no provision for individual to apply for the permit to hold 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