A lack of legal knowledge

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 In a society there are many different kinds of relationships. Each relationship is governed by many different kinds of rules. That might be regulations of morality, religion or law... Among these kinds of rules, regulations of laws play an important role. They adjust the majority of relationships in society. Law is the expression of the will of the State. And,  the State is representation of the people. Thus, the laws are issued under strict process and must be specified in the Constitution – the highest law. So that, the inclusion of a provision into the Criminal Law is calculated based on the social relations in practice and international legal norms and laws of Vietnam .
 In reality, there are many people who take advantages of democratic freedoms to conduct activities against the laws infringing the legitimate rights and interests of the State, organizations and individuals. For example, Dinh Nhat Uy who is a director of a limited liability company AT, specializing in photo and repair computers, located in Tan An city of Long An province. Uy has edited and posted on his personal blog many articles, images with false and distorted content that have violated the legitimate interests of individuals and organizations and undermined the leadership of the Party and the State. There are also many bloggers like that, such as Truong Duy Nhat, Pham Viet Dao, Nguyen Ngoc Nhu Quynh, Pham Thanh Hieu... Therefore, the existence of article 258 in the Criminal Law is totally consistent with the objective reality of society when there are objects like them who perform illegal acts specified in article 258.
 Recently, a number of bloggers, including blogger emerged as Chau Van Thi, Bui Tuan Lam…, has urged UN Human Rights Council and many other human rights organizations to intervene and force the State to eliminate the article 258 of the Criminal law: "The crime of abusing democratic freedoms to infringe upon the interests of the State, the rights and legitimate interests of organizations and citizens". These bloggers have cited the provisions in Article 19 of the Declaration of Human Rights: "Everyone has the right to freedom of thought and expression. This right includes freedom of thought without being hindered, the freedom to seek, receive and impart information and ideas through any media regardless of frontiers". However, they deliberately ignore or don’t want to read the Paragraph 2 of Article 29 of the Declaration of Human Rights: "When exercising the rights and freedoms, every people can only be restricted under the provisions of law for the purposes of recognizing and respecting the rights and freedoms of others and performing the works required by morality or guarantee the welfare for a democratic society". Thus, the existence of the Article 258 are fully consistent with the provisions of the Declaration of Human Rights of the United Nations.
 Hopefully, bloggers should learn carefully about the provisions of international laws and the laws of Vietnam before writing and posting any article. Do not quickly jump into conclusion based on surface expressions, that easily lead to misunderstanding of the readers. Keep in mind the ancient saying: "Bending the tongue seven times before speaking"./.

A fair and objective voice about human rights in Vietnam (Part 1)

10:51 |
On April 7, 2014, Mr.  Eni Falemavaega, Congressman, Senior member of the Committee on Foreign Affairs in the U.S. House of Representatives declared high appreciation for human rights situation in Vietnam, especially in the Report of 2nd Universal Periodic Review (UPR) of Vietnam at the UN Human Rights Council dated February 8, 2014 in Geneva , Switzerland.
In the statement, Mr. Falemavaega affirmed the achievements in Vietnam's UPR report including the freedom of the press, freedom of speech, freedom of association, protection prisoners’ rights and freedom of religion and belief. Mr. Falemavaega also appreciated Vietnam's efforts in international cooperation in human rights. Vietnam has made the annual human rights dialogue with partners such as the U.S. and European Union ( EU )... At the same day, the U.S. House of Representatives acknowledged full of Falemavaega’s statement as the official document of the House of Representatives.
The struggle of the Vietnamese people under the leadership of President Ho Chi Minh and Vietnam's Communist Party went from winning national independence, national defense and building country towards socialism by taking political conditions to achieve the last and biggest goal of national independence, freedom and happiness for people. In other words, it was the struggle for human rights and civil rights. In nearly 30 years of renovation, Vietnam has integrated with the international community in many aspects including mechanism of human rights protection. So far, Vietnam has signed to fully participate in the basic international conventions on human rights, among them is the “UN Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment” (hereinafter referred to as the Convention Against Torture).
Vietnam’s construction is currently facing many challenges both subjective and objective ones. Many people for various reasons still maintain the political stand in the Cold War era and discriminate against the regime of socialist society. Many who attempt to take advantages of democracy and human rights to undermine national security, international relations destruction of Vietnam. However, the international community has a fair and objective assessment of the situation of human rights in Vietnam.

On February 5, 2014,  under the “Universal Periodic Review” ( UPR ) of the United Nations in Geneva, Switzerland, representative of Vietnam Government presented periodic review report (the second cycle) on the situation of human rights in Vietnam. It is said that Vietnam seriously realized recommendations from the first review conference in 2009 and be reflected clearly in the preparation and content of this report. During 2013, Vietnam made tremendous efforts in the field of human rights especially human rights (with citizenship) were firstly defined in Chapter II of the 2013 Constitution. People have appreciated Vietnam signed one of the important conventions of human rights namely “Convention against Torture”. In recent years, Vietnam has promoted international cooperation, becoming a member of the Human Rights Council of the United Nations. Moreover, Vietnam is always ready to put annual dialogue about human rights with partners (including the U.S.) and always positively contribute to the ASEAN human rights mechanism...  (to be continued)

Vietnam’s progress in ensuring human rights

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That is judgement made by Ms. Pratibha Mehta, the UN Resident Coordinator in Vietnam and many other participants at the workshop on the outcome of the 2nd cycle Universal Periodic Review (UPR) took place in the April, 2 morning in Hanoi. The workshop was coordinated by the Ministry of Foreign Affairs and the United Nations Development Programme (UNDP) in Vietnam.
104/106 countries have raised appreciation of human rights guarantee in Vietnam
Speaking at the workshop, Mr. Hoang Chi Trung, Head of the Ministry of Foreign Affairs’s Department for International Organizations said that the prestige and position of Vietnam has been reflected through speeches of countries including the 104/106 countries’ recognition or appreciation of Vietnam’s policies, efforts and achievements in ensuring human rights from 2009 to present, serious implementation of UPR recommendations, especially the right to economy, society, culture, social security, hunger eradication, poverty reduction and social rights of vulnerable groups such as women, children , people with disabilities, ethnic minorities… The content most welcomed is the adoption of the Constitution with new content, creating a more solid foundation to promote and ensure human rights (22 countries made that remark including India, South Korea, Denmark...); Vietnam was considered a model who completed many millennium development goals before required time especially the goals of poverty reduction, education universalization (4 countries mentioned); implementation of international obligations, joining more international conventions on human rights (28 countries mentioned this matter including the U.S, Britain, France, Germany, Belgium...); cooperation with UN human rights mechanisms, welcomed the Special Procedures of the Human Rights Council (10 countries mentioned…). Countries also appreciated the openness and cooperation of Vietnam, confirming that the international community acclaim and desire Vietnam will continuously contribute greater in promotion and protection of human rights on an international scale.
Mr. Hoang Chi Trung said at the end of the conversation, Vietnam received 227 recommendations and in June the Government will feedback to the UN Human Rights Council the recommendations that Vietnam agrees to perform in next 4 years.
The UN committed to strengthen human rights in Vietnam
Appreciating the successful National Report of Vietnam under the UPR second cycle mechanism, the UN Resident Coordinator in Vietnam confirmed that the workshop helped people to better understand Vietnam Government's assessment of the situation and the challenges in the implementation of human rights. “This is a good opportunity for the Government and the civil societies to share feedback on the review of the human rights issues that the government must commit to resolve. This is also useful at present when the new regulations were developed consistent with the human rights commitments in the Constitution adopted in November 2013 and the new law in an effort of Vietnam to response to the UPR”, Ms.  Pratibha Mehta emphasized.
Ms.  Pratibha Mehta recommended the Government of Vietnam should strengthen democracy at the grassroots and people's participation in planning and implementing policies, improve Vietnam's commitment to the civil organization in the field of human rights, ensure the participation of all groups in society at different stages in the work of Vietnam at Hhuman Rights Council. She “Through joint plan for 2012-2016, the UN agencies in Vietnam pledge to support national efforts of Vietnam to ensure the protection and promotion of human rights. The UN is always ready to support and create favorable conditions for the holding of regular dialogues to discuss an acting plan for implement UPR in order to strengthen human rights in Vietnam”.

Hanoi commemorates first leader of Soviet Union

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                                                                Lenin Park in Hanoi

A delegation from the Party Committee, the People’s Council, and the People’s Committee of Hanoi on April 22 laid wreaths at the statue of Vladimir Ilych Lenin – the first leader of the Soviet Union, in Lenin Park, on the occasion of his 144 th birthday (April 22, 1870).

The officials were led by Ngo Thi Doan Thanh, Deputy Secretary of the municipal Party Committee and Chairwoman of the People’s Council.

Lenin is one of the eminent political figures and revolutionary thinkers of the 20th century, who masterminded the Bolshevik take-over of power in Russia in 1917 and became the architect and first leader of the Union of Soviet Socialist Republics (USSR).

The annual activity constitutes Hanoians’ deep gratitude to the great teacher of workers and labourers worldwide.-VNA

Prime Minister urges to focus on measles prevention

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On April 16, 2014, Prime Minister Nguyen Tan Dung telegraphed for Ministry of all sectors and localities to focus on measles prevention, proactively prevent disease from spreading, limit to the minimum number of people infected and deaths from measle.
According to the telegram, the Prime Minister asked the Ministry of Health on directing emergency treatment of measles cases in health facilities in order to minimize the deaths, preventing cross-infection in hospitals, especially the health facilities at the central level are overloaded promptly extinguished measles. To supplement immediately ventilator, medical equipment, emergency medicine to ensure treatment for patients, biologicals required in the prevention of cross-hospital and regulations for who working on prevention of measles. The Ministry of Health continues to closely monitor the situation of measles in the country and neighboring countries to timely take measures of measles preventing guidance, early detection methods, treatment regimen for measles. To ensure adequate measles vaccine for measles vaccination supplement.
Chairmans of the provinces and cities directly under the Central Government in collaboration with the Ministry of Health direct drastically the emergency aid, effective treatment of cases as well as prevent the spread of infectious diseases in the community and in the hospital. Simultaneously directing press agencies to regularly updated on the situation and how to detect and prevent measles especially actively vaccinate against measles and proactively detect early measles signs for timely treatment and minimize cases of severe complications discovered lately. Ministry of Finance must ensure sufficient funding to serve the measles extinguish by Ministry of Health./.

Peace Trees active in disarming UXO in Vietnam

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The US organisation Peace Trees Vietnam (PTVN), which consists mostly of American war veterans, has helped Vietnam deactivate around 64,000 pieces of explosives and clear over 138 ha of land contaminated with the unexploded ordnance (UXO) in the country’s central region since 1995.
The statistics were raised at an April 4 meeting in Hanoi between President of the Vietnam-US Association Nguyen Tam Chien and representatives from the PTVN.
A team under the Peace Trees Vietnam and a 500kg bomb left from the war
Robert Stokes, who led the US delegation, said the visit from March 22 to April 4 aims to review the recent relationship between the two countries and the aftermath of the American War in Vietnam. He said the group had met with Vietnamese people and war veterans, and studied the progress by ongoing PTVN projects.
Chien informed the guests of the recent activities by the Vietnam Union of Friendship Organisation (VUFO) which aim to promote people-to-people relations.
He also expressed his hope that Peace Trees will continue its assistance to Vietnam in surmounting consequences caused by the war in the country and help bolster the companionship of the two peoples.
He hailed the organisation’s contributions to disarming UXO in Quang Tri’s Dong Ha city, and highlighted Vietnam’s efforts in the field over many years.
The guests reviewed the projects managed by the PTVN since 1995 in the central region of Vietnam, and said they will move on with a campaign programme seeking additional capital sources for these projects.
Peace Trees has managed numerous charitable activities such as building schools, libraries and houses for local people.
During its 2011 and 2012 visits, the organisation made a 45-minute documentary film namely “The Soldier’s Sanctuary” following a US serviceman who fought in Vietnam as he tries to achieve conciliation, healing and friendship with the Vietnamese people by helping them recover from the aftermaths of the conflict.
Source: VNA

ACB former bosses’ trial delayed due to illness

10:24 |
Speaking in court, defendant Nguyen Duc Kien insists on continuing the trial despite the absence of Tran Xuan Gia.
The trial against Nguyen Duc Kien, former vice chairman and a founding member of Asia Commercial Bank (ACB), and eight other defendants has been delayed due to the illness of one defendant.
The Hanoi People’s Court on April 16 began the trial against Kien and others on alleged charges of fraud.
Under the indictment of the Supreme People's Procuracy, Kien is being prosecuted on four counts: unauthorised trading, intentionally violating the State’s regulation on economic management causing serious consequences, fraudulent appropriation of property and tax evasion.
Former Director Tran Ngoc Thanh and chief accountant Nguyen Thi Hai Yen of the Hanoi ACB Investment Company were indicted on the charge of fraudulent appropriation of property.
Former ACB Chairman Tran Xuan Gia, former vice chairmen Le Vu Ky and Trinh Kim Quang, former ACB Chief Executive Officer Ly Xuan Hai, and former board of directors member Huynh Quang Tuan were all brought up on the charge of intentionally violating the State’s regulation on economic management causing serious consequences.
Gia, who was absent from the morning session, submitted a petition to delay the trial on account of his poor health.
At the opening this afternoon’s hearing, the Hanoi People's Procuracy suggested that the city’s People’s Court postpone the trial based on Gia’s absence, as the 75-year-old defendant plays an important role in the case.
According to the Hanoi People's Procuracy, the panel has verified the information from the Vietnam-Soviet Friendship Hospital and concluded that Gia is unable to attend the proceedings. Therefore, the agency proposed that the hearing be adjourned under the provisions of the Criminal Procedure Law.
After consultation, Chief Judge Nguyen Huu Chinh announced the suspension of the trial.
It has not yet been decided when the hearing will be resumed.
The indictment said that Kien set up six businesses to conduct illegal gold trading and financial investments, and that he evaded taxes through these firms for which he served as chairman. Although these companies were not licensed, Kien still operated illegal gold trading and financial investments totaling nearly VND21.5 trillion.
From June to September of 2011, these former executives approved the authorisation for 19 ACB staff members to deposit more than VND718.9 billion in Vietinbank. The deposited money was appropriated by Huynh Thi Huyen Nhu, a former Vietinbank official, and her accomplices, who have already faced prosecution for fraudulent appropriation of property.
The indictment also identified Pham Trung Cang, Nguyen Duc Kien, Tran Xuan Gia, and Ly Xuan Hai as having advocated using ACB clients’ money to send to other credit institutions, causing total losses of nearly VND1.7 trillion.

Endogenous strength to prevent “cultural invasion” (Part 2 and end)

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Currently, a number of " virtual publishers have appeared on the Internet, specializing in publication of complex, sensitive, confused content to jam public information. Just looking at the name of the publisher such as “Arbitrary”, “Sidewalk”, “Scrap paper”, “Wind”, “Door”, “Our side”... we can realize well their intentions. Previously, if a book was published in the paper handed over readers more slowly. But now if a book is posted on the internet just a “click” can have the book in hand. The more sensitive and complicated contents of the book is, the more curious to readers especially young people it is. Those who do not have the bravery, lacking of political awarenes, unable to distinguish right - wrong, good - bad, true - false,... will be easily intoxicated with harmful thoughts. The danger of speeding tricks via “internet publishing activities” are shown clearly here.
Not only that, the external forces also take advantages of cooperative publishing route as through learning, workshops, investment, linking to establish contacts, entice, bribe some officials, editors (especially the oppotunists in order to depoliticize publishing. In 2013, Vietnam security agencies discovered an overseas organization funded 12,000 for an editor under “nominal collaborator” of a major publisher in our country for the purpose of writing and publication with bad intentions. In addition, a number of press agencies in overseas Vietnamese community also fund for those opportunities to publish reactionary books. In the country, a number of intellectuals, writers and artists have complex and extreme views have collected documents or self-created books, spread unhealthy works, even colluded with the hostile forces to publish works and spread on the internet, blogs, personal pages.
With the rapid development of information technology and internet services, the “cultural invasion” is happenning fiercely on the “flat world”. Bad information is polluting cultural environment and seriously invase idea security and national culture.
If a culture that “deficit” too large, the increasing risk of exotic culture is not difficult to understand . This is a very serious matter involving cultural status, national face of our country in the international arena. If we do not have the policies to build cultural industry strong enough to balance import - export of cultural products, the risk of foreign “cultural wave” invasion continues deeper into our country may lead to unpredictable consequences.
Culture is not an ordinary commodity. The real danger is the American perspective on culture whereby culture is also a regular commodity. We must fight against the increasing “commercialization” of human’s activities, do not for the American entertainment industry, which has gained political effect on their market, account for field notes of all the creative space of other cultures.

Facing to complicated situation in the world, the downside of globalization process especially fierce plots of the enemy forces on the field of culture - ideology, we must mobilize political systems at all levels and the entire society strengthenning internal fulcrum to make the stable position, strength and vitality of cultural Vietnam in the “flat world”. It is also effective measures to ensure that the values of our country can not be mixed, lost or assimilated before the danger of “cultural invasion”.
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