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●● Cablegate: US Sees Microsoft as Helping to Impose Intellectual Monopolies in Vietnam

Posted in Asia, Cablegate, Microsoft at 5:44 pm by Dr. Roy Schestowitz

Summary: How politicians view Microsoft’s signing of software deals with foreign governments

“Ministry of Posts and Telematics (MPT) may sign an agreement with Microsoft,” says the following Cablegate cable. “Microsoft is pushing to sign the agreement during a planned visit to Vietnam by its CEO, Steve Ballmer, before President Triet’s visit, but is uncertain if that would happen.”

Why are politicians so involved in this? Here is why: “this agreement would be an important symbol of Vietnam,s commitment to protect intellectual property rights and something they hope to include in a possible Joint Statement.”

Oh, that’s right. Also see:

Microsoft Strikes Back In Vietnam (Leaked)Bill Gates’ ‘Foundation’ is Lobbying Vietnam’s Leadership to Derail Migration to Software Freedom, Puts Money Together With MicrosoftHas Microsoft ‘Bought’ the Vote for OOXML in Vietnam?

The cable itself is very long and diverse.

DE RUEHHI #0898/01 1361126

TO RUEHC/SECSTATE WASHDC PRIORITY 5373

INFO RUEHHM/AMCONSUL HO CHI MINH 3032

RHEHNSC/NATIONAL SECURITY COUNCIL WASHINGTON DC

RUEAIIA/CIA WASHINGTON DC

C O N F I D E N T I A L SECTION 01 OF 05 HANOI 000898

E.O. 12958: DECL: 05/16/2017

TAGS: ECON [Economic Conditions], ETRD [Foreign Trade],

KIRF [International Religious Freedom],

OVIP [Visits and Travel of Prominent Individuals and Leaders],

PGOV [Internal Governmental Affairs], PHUM [Human Rights],

PREL [External Political Relations], VM [Vietnam]

SUBJECT: AMBASSADOR AND VFM BANG DISCUSS TRIET VISIT, HUMAN

RIGHTS, A/S HILL VISIT AND OTHER BILATERAL ISSUES

Classified By: Ambassador Michael W. Marine, Reasons 1.4 (b/d)

1. (C) Summary: At a May 15 dinner with Vice Foreign

Minister (VFM) Le Van Bang and other MFA officials, the

Ambassador stressed that time is short for the two sides to

reach agreements on potential deliverables to ensure a

successful visit by President Nguyen Minh Triet. The two

sides discussed human rights at length, with the Ambassador

urging the GVN to take steps responsive to calls from the USG

and others. VFM Bang reported that Vietnam is considering

several measures to reduce tensions in this area, including

amnesty for Nguyen Vu Binh, a cessation of arrests and

unspecified "action" on the case of Le Quoc Quan.

¶2. (C) The Ambassador raised the items the USG would like as

deliverables, including a TIFA, commercial deals, increased

cooperation in law enforcement and rule of law/good

governance programs. Although making no specific

commitments, the MFA officials acknowledged the need to make

progress quickly, and as a first step, offered to prepare the

initial draft of a Joint Statement. The Ambassador also

raised other bilateral issues such as the new embassy

compound, adoptions and a bilateral work agreement. End

¶3. (C) At a May 15 dinner meeting, the Ambassador met with

Ministry of Foreign Affairs (MFA) Vice Minister Le Van Bang

and Americas Department Director General Pham Van Que to

discuss ways to advance preparations for President Nguyen

Minh Triet's June visit to Washington. Stressing that only

five weeks remain before the visit, the Ambassador pressed

VFM Bang for a list of Vietnam's priorities. In response to

Bang's discussion of a Joint Statement, the Ambassador said

that a statement will require positive and concrete contents.

It will be important to address human rights concerns and to

have a list of specific deliverables to ensure that our

Presidents' meeting will be a success, he added.

¶4. (C) VFM Bang began by reflecting on the progress in our

bilateral relations over the past three years of the

Ambassador's tenure, concluding by stating that our relations

are at a "high mark" politically and diplomatically, our

economic ties are expanding rapidly and the relationship has

even grown to include cooperation on military and security

issues. He said that the Government of Vietnam (GVN) shares

the desire to ensure a highly successful visit by President

Triet (even more successful than the 2005 visit of then-PM

Phan Van Khai, he hoped), and is "working hard" to conclude

agreements on a list of deliverables - commercial and

otherwise. Vietnam expects this visit will continue to

expand, deepen and broaden our relationship in the interest

Triet Visit Logistics

---------------------

¶5. (C) Vietnam is considering sending an advance team to

Washington by the end of May to prepare for President Triet's

visit. The advance team would likely be headed by VFM Bang's

probable successor, AFM Pham Binh Minh. The MFA officials

said the Embassy in Washington would be reaching out to the

Department in the next day or two to discuss the possibility

¶6. (C) While travel plans are not final, President Triet and

his delegation intend to leave Hanoi for New York City on

June 18 or 19. They will remain in New York for one or two

days, arriving in Washington on June 21. Following Triet's

June 22 meetings at the White House and elsewhere in

Washington, he will depart late that evening or early June 23

for a day of meetings in Los Angeles (the timing depends upon

the scheduling of a requested meeting with the mayor). Triet

and the delegation will return to Hanoi from Los Angeles.

Despite earlier considerations, Triet will not visit Canada

on this trip. The MFA officials do not yet have a final list

of the delegation members, but offered to provide the USG

with that list and a final schedule as soon as it is

Joint Statement and Vietnam's Protocol Request

--------------------------------------------- -

¶7. (C) The MFA officials expressed hope that President Triet

and President Bush's meeting would yield a "forward-looking"

Joint Statement that builds upon the November Joint Statement

and outlines the landscape for closer cooperation in coming

years. Noting that this would be the White House's call, the

Ambassador emphasized that any Joint Statement must be

HANOI 00000898 002 OF 005

"robust" and underscored the importance of concluding

agreements on deliverables now for inclusion in that possible

Statement. DG Que offered to provide a first draft this week

as a jumping off point, and VFM Bang proposed that the two

sides sit down "in the next week" to go through each

potential deliverable in detail. Bang added that, in

addition to a positive Joint Statement, the GVN hopes that

the White House will agree to allow President Triet to stay

¶8. (SBU) Both sides agreed that the signing of a Trade and

Investment Framework Agreement (TIFA) during the visit would

be an important step forward in the relationship. VFM Bang

and the Ambassador each expressed confidence that the TIFA

would be ready by the visit, as the two sides are close to an

agreement. The TIFA could be used as a platform to help

Vietnam pursue possible participation in the Generalized

System of Preferences (GSP) program, which DG Que

acknowledged would be a long process and not something that

could be announced during the June visit.

¶9. (SBU) Noting that we are in a position to seal a number of

high-profile, high-value commercial deals, the Ambassador

pressed the MFA officials for progress on agreements with

Boeing, AES (power plant), Alcoa, SSA Marine (ports) and

Gannon (power plants), among others. If Secretary Gutierrez

is to preside over a signing ceremony in Washington, as he

has indicated an interest in doing, we will need to know what

contracts will be included. Que assured the Ambassador that,

at the direct order of the Prime Minister, the GVN is

"working hard" to make a final determination on these deals.

VFM Bang reported that the Prime Minister personally

mentioned to him that Boeing had improved its loan offer to

now be in line with the Airbus offer, which he described as

an encouraging sign. The officials could make no additional

commitments beyond the assurance that the GVN continues to

¶10. (SBU) Recent discussions between the Embassy and the MFA

have yielded some progress on amending an existing Letter of

Agreement (LOA) to include intellectual property protection

technical assistance to Vietnam's Customs Department, the

Ambassador said. The U.S. side would be coming back with

amended language shortly, and signing the LOA would be ideal

to mention in a possible Joint Statement, he said.

¶11. (SBU) Agreement to expand cooperative law enforcement

efforts would contribute to the success of the President's

visit, the Ambassador continued. Although cooperation

between law enforcement agencies has improved, more work can

be done in information sharing. Anti-money laundering (AML)

is one example where we can work together. Upon request, the

United States is willing to provide comments on Vietnam's

existing AML law and work with Vietnam to make it more

effective. The USG also strongly supports Vietnam's interest

in joining the Asia Pacific Group's Financial Action Task

Force for Asia and encourages Vietnam to formalize its

membership as soon as possible, the Ambassador said.

¶12. (SBU) Some progress has also occurred on discussions to

begin a Peace Corps program in Vietnam, the Ambassador noted.

It is clear that Vietnam has considered the Peace Corps'

requests, and we have conveyed the GVN's latest ideas to

Washington, the Ambassador explained. We are now awaiting

the response. The Ambassador will meet with Minister of

Finance Ninh this week, and will raise the question of

immunities, privileges and taxes for Peace Corps volunteers.

Vietnam's Deliverables

----------------------

¶13. (SBU) For its part, Vietnam is requesting assistance from

the United States to set up a world-class university, VFM

Bang said. DG Que claimed that the Ministry of Education and

Training (MOET) submitted a concept paper to Washington

during DPM/FM Khiem's March visit. GVN officials will be

meeting with Harvard University during their trip to the

United States. Pursuing contacts with the private sector,

including universities like Harvard, is the right approach,

explained the Ambassador. He agreed to note Vietnam's

interest in including language on this issue in a possible

Joint Statement and requested from Que a copy of MOET's

concept paper to share with relevant USG agencies.

¶14. (SBU) DG Que also raised the possibility that the

HANOI 00000898 003 OF 005

Ministry of Posts and Telematics (MPT) may sign an agreement

with Microsoft in Washington to purchase licensed versions of

Microsoft Office. He noted that Microsoft is pushing to sign

the agreement during a planned visit to Vietnam by its CEO,

Steve Ballmer, before President Triet's visit, but is

uncertain if that would happen. In either case, this

agreement would be an important symbol of Vietnam,s

commitment to protect intellectual property rights and

something they hope to include in a possible Joint Statement.

¶15. (SBU) Vietnam's Ministry of Science and Technology (MOST)

has also made progress in its work with the U.S. Department

of Energy on the use of nuclear technology for peaceful

purposes. Que underscored that MOST and DOE are happy with

their cooperation, and this could also be an item for

inclusion in the Joint Statement.

¶16. (SBU) Vietnam would also like to build upon the dioxin

language in the November joint statement by offering

something new in June, VFM Bang said. Language on new

cooperation on de-mining and the clearance of unexploded

ordinance would also be welcome, DG Que added.

¶17. (SBU) Introducing the main topic for discussion during

the two-hour meeting, Ambassador Marine told VFM Bang that

the economic progress and potential commercial deals

notwithstanding, human rights issues are now attracting more

attention in the United States than at any other point in his

tenure in Vietnam. The GVN should find a constructive way to

address USG concerns over its recent crackdown, which will

certainly be a significant topic of discussion during the

Triet visit. He pointed to the recent release of Phan Van

Ban as evidence that the two sides can cooperate together.

¶18. (SBU) VFM Bang recognized that the two sides view the

issue from different perspectives, explaining that the recent

arrests arose from concerns over Vietnam's security. He

raised the war legacy and the fear that former South Vietnam

soldiers and others are working to organize groups or parties

not only to change the way the GVN operates, but also to

overthrow the government entirely. This would "threaten the

stability and security of Vietnam." Vietnam looks to

separatist movements and terrorist elements in other

Southeast Asian nations and draws the strong lesson that its

first priority must be safety and stability, and that any

changes in its system of governance will have to come slowly

and systematically to avoid political instability.

¶19. (SBU) While the United States may view human rights as an

important issue, Vietnam accords the matter less weight,

viewing it as "only one of many" issues between our

countries, Bang said. He also requested that the United

States consider religious freedom and human rights as two

separate issues. Vietnam would like to prevent human rights

critics in the United States from using recent arrests to

place Vietnam back on the List of Countries of Particular

Concern (CPC), which would be unwarranted in its eyes given

continuing progress on religious freedom issues. The

Ambassador agreed that Vietnam has made progress on the issue

of religious freedom, and stated that he is unaware of any

official consideration of putting Vietnam back on the CPC

¶20. (SBU) The Ambassador said he understands ) but does not

agree with - Vietnam's views of its security concerns, but

emphasized that the USG has seen no evidence that any of the

recently arrested dissidents have advocated violence. We do

not support those who promote the use of violence, he

explained, and in fact want to work with Vietnam to counter

those actions. Rather, the United States views recent cases

such as the convictions of lawyers Nguyen Van Dai and Le Thi

Cong Nhan and others as freedom of speech issues, a

fundamental value for the United States. Not only do we

disagree with the recent arrests of individuals who were

peacefully expressing their political views, but believe that

the sentences are harsh in proportion to the so-called

"crime" of which they are accused, the Ambassador said.

Given that the Party is firmly in power and under no threat,

the USG views recent actions, and the reliance on Article 88

(under which recent dissidents have been convicted), as

attempts to stamp out freedom of speech and forestall any

attempts to peacefully advocate for political change.

¶21. The Ambassador noted that the two sides need to come to

HANOI 00000898 004 OF 005

RIGHTS, A/S HILL VISIT AND OTHER BILATERAL ISSUES

some agreement about interactions with family members of

jailed dissidents. He expressed his surprise at a recent

statement by MFA official Duong Chi Dzung (at the Human

Rights Dialogue) that, "the Ambassador is able to meet

whomever he likes." This statement came one day after the

Ambassador's second attempt to host the wives and mothers of

several jailed dissidents (who themselves have not been

accused of any crime) for tea. He asked that the MFA

officials share the view with others in the GVN that recent

GVN steps against dissidents and actions to prevent the

Ambassador and other Mission staff from meeting with family

members and others only strengthen the groups overseas who

are rallying support in opposition to the GVN and the

bilateral relationship.

¶22. (SBU) In the context of increased concerns over human

rights, VFM Bang promised that Vietnam would "give

ammunition" to counter criticism in the United States ) from

Capitol Hill and elsewhere ) in the run-up to President

Triet's visit. For one thing, Bang said that the pace of

arrests would likely slow down from now on (to which the

Ambassador countered that many will believe that this is

because there is no one left to arrest). In addition to the

recent release of Phan Van Ban, Vietnam is considering an

amnesty "in the next several weeks" for Nguyen Vu Binh as a

gesture by Vietnam tofulfill DPM/FM Khiem's promise to

Secretary Ricelast November. When pressed by the

Ambassador, V Bang expressed confidence that this would

happe before President Triet's visit and that the DPM/FM

plans to write to the Secretary on this matter.

¶23. (SBU) Vietnam is also considering how to deal with

(former NED fellow) Le Quoc Quan; the GVN understands well

the sensitivities surrounding this particular case and

acknowledged receiving a letter from Senator McCain urging

Quan's release. Director General Que interjected that the

GVN did not take action against Quan because of his

connections to NED; rather, they are concerned about his

alleged connections to the Viet Tan "terrorist group." VM

Bang could not commit to anything during the dinner, but

informed the Ambassador that they are considering how to deal

with the case in a way that will help the atmosphere between

our two countries. The Ambassador said that given concerns

by U.S. political leaders over Mr. Quan's case, positive

actions by the GVN would attract considerable attention.

¶24. (SBU) For its part, the GVN is asking that the United

States "tone down the rhetoric" surrounding human rights,

explaining that this request has come from "the highest

levels," VFM Bang said. The Ambassador noted that recent

arrests hurt Vietnam's image as it takes on a greater role

internationally. That being said, he stressed his

determination to seek a way to work together to prevent this

issue from overshadowing the visit, noting that amnesty for

Mr. Binh and positive action on Mr. Quan's case could improve

the atmosphere and inject additional momentum in preparations

for the President's visit. He also suggested that another

way to demonstrate human rights progress would be through

cooperative efforts in the area of strengthening rule of law,

civil society and good governance, as Senator Leahy recently

proposed to President Triet. Should the sides reach an

agreement on this issue, it could be highlighted during the

President's June visit.

Other Bilateral Issues

----------------------

¶25. (U) The Ambassador lamented that the two sides have still

not reached an agreement on land for a New Embassy Compound

in Hanoi. He continues to hope that the two sides can reach

agreement before he leaves Vietnam. Progress on an agreement

to open new consulates/American Presence Posts could also be

included, in general terms, in a possible joint statement if

Vietnam and the United States can reach some agreement on

this, including an equitable arrangement on consular

districts. U.S. parents adopted more than 100 children in

Vietnam last month, the Ambassador noted, but as this program

expands, so too are the signs of fraud. The Ambassador urged

Vietnam to set a schedule of fees to avoid baby-buying and

other problems, and added that he intends to raise this with

Finance Minister Ninh this week. Noting that our

relationship is now mature enough, Ambassador Marine

encouraged the MFA officials to respond to the draft

Bilateral Work Agreement that the USG presented several

months ago. This agreement would clearly benefit both sides,

HANOI 00000898 005 OF 005

¶26. (SBU) VFM Bang reported that the MFA has been making

active preparations and is prepared to receive Assistant

Secretary Hill during his May 23-24 visit to Hanoi. VFM Bang

himself will unfortunately be in Seoul during the Assistant

Secretary's visit; at the same time, VFM Le Cong Phung has to

travel to Europe and VFM Nguyen Phu Binh will be in Tokyo.

VFM Vu Dzung is therefore planning to host and meet with A/S

Hill. Bang agreed that the Office of Government (OOG)

Chairman Doan Manh Giao would also be a good interlocutor to

discuss broad, cross-cutting issues.

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● 09.14.11

●● Cablegate: US Sees Microsoft as Helping to Impose Intellectual Monopolies in Vietnam