August, 19^th 2008  

His Excellency Ban Ki-moon

Secretary General, United Nations

First Ave. at 46^th Street

New York, NY 10017  

Mr. Secretary General, 

In my capacity as the last Prime Minister of the Government of the Republic of Vietnam (South Vietnam) before the occupation of my country by the armed forces of the Democratic Republic of Vietnam (North Vietnam) on April 30^th, 1975, I hereby respectfully request you to reconvene the international conference as stipulated in Article 7 of the Act of the International Conference on Vietnam, signed on March 2^nd, 1973 by the Republic of Vietnam (South Vietnam), the Democratic Republic of Vietnam (North Vietnam), the Provisional Revolutionary Republic of South Vietnam, and co-signed by representatives of nine countries, five of which are permanent members of the United Nations Security Council and four were members of the International Control and Inspection Committee, namely Poland, Hungary, Indonesia, Canada, who are in charge of guaranteeing the execution of the Accords on ending the war and restoring  peace in Vietnam, signed on January 27^th , 1973 in Paris, for the following reasons: 

1.     After World War II, the people of Vietnam fought courageously to regain independence from France.  On June 5^th, 1948, an agreement was signed by the Former Emperor Bao Dai and the Representative of the French Government, according to which France returned the sovereignty to Vietnam from the northernmost fortress of Nam Quan to the southernmost point of Camau. This gave way to the birth of the “State of Vietnam”, officially recognized by eighty countries in the world. Vietnam has cooperated with all countries for the purpose of consolidating world peace and contributing to the prosperity of the international community. Unfortunately, while the transfer of sovereignty from France to Vietnam was under progress, the People’s Republic of China had strongly incited and supported the Communist parties of Korea and Vietnam with the goal of dismantling the legal governments of these two countries to further the expansion of communism in Asia. 

2.     To end the war in Vietnam, the Geneva Agreement signed on July 20^th, 1954 partitioned our country into two parts at the 17^th parallel. The Northern part was subjugated under the communist regime while in the South, the people, through due democratic process, chose to build a democracy which was recognized by more than 80 countries in the world. 

3.     But only two years after the signature of the Geneva Agreement, the Communist regime of the North disregarded their commitments as spelled out in the Agreement, overtly bringing to the South soldiers, cadres and weapons, with the aim at invading South Vietnam. Once again, South Vietnamese people did their utmost to fight the invasion by the Communist North Vietnam, resulting in uncountable killings and sufferings to the people of the South. Starting from 1967, several countries in the free world such as the USA, South Korea, Thailand, Australia and New Zealand sent troops to help Vietnam in her self-defense. This war for the Right Cause lasted only six years when Vietnam’s main ally, under the pressure of anti-war movements at home, was forced to seek a political solution. Therefore, 20 years after the Geneva Accords, a 2^nd Agreement was signed in Paris on January 27^th, 1973.  

4.     The full name of the Paris Accords includes its very purpose of “Ending the War and Restoring Peace in Vietnam”. Foreign troops coming to help have left South Vietnam in execution of the Agreement, while 200,000 North Vietnamese Communists refused to leave and held on firmly in the South, ready to resume military operations. Only one day after the signature of the peace agreement, these 200,000 communist invaders launched massive attacks all over the country to expand their controlled areas so as to subjugate the population of the South to their control. These actions of the Democratic Republic of Vietnam (North Vietnam) were in flagrant violation of Article 3/c of the Paris Peace Accords (See Appendice “A”).                                                                                                          

5.     While South Vietnam’s allies ended all military assistance by the end of 1974, China and the Soviet Union have instead increased multi-fold their military aid to North Vietnam, estimated at 4 billions of US dollars. This has allowed the North to send as many as 15 of their fully equiped divisions to the South, using their network of communication lines built even on neighboring neutralist countries’s territories of Laos and Kampuchea, under the eyes of the International Control Commission. This action violated Provisions 7, 15 and 20 of the Paris Peace Accords (See Appendice “B”).

 

6.     The armed forces of South Vietnam, drastically strained for under heavy shortage of weapons and ammunitions, were forced to retreat toward the South, and finally the country capital, Saigon, fell into the invaders’ hands on April 30^th, 1975. Immediately after their successful invasion, the Democratic Republic of Vietnam detained and submitted more than half a million of former South Vietnamese government officials including most of Congress and Cabinet members as well as generals and officers of the Armed Forces into so called re-education programs within camps built in the thick jungles of the North. During their detention that lasted from 5 to 20 years depending upon their classification, the prisoners were deprived of foods and medicines, forced into hard labor, brainwashed and insulted. This cruel regime of detention resulted in more than 50,000 deaths, including South Vietnamese prisoners who were secretly executed. Their families were forced to re-implantation into far reaching mountainous regions, after their properties and belongings were confiscated. They were victims of arbitrary measures of reprisal and discrimination, deprived of all rights and privileges and grouped in a special class of citizens under the pejorative name of ‘’nguy’’ (mocked elements). This action of the Democratic Republic of Vietnam violated Provision 11 of the Paris Peace Accords (See Appendice “C”).  

7.     The invasion from the North followed by a systematic inclusion of South Vietnam into the then existing North Vietnamese communist regime, has deprived the South Vietnamese people of the right to determine their political future through genuinely free and democratic general elections under international supervision. These actions of the Democratic Republic of Vietnam violated Provision 9, 11 and 15 of the Paris Peace Accords (See Appendice “D”).  

     8.  On January 19, 1974, while South Vietnam was confronting the armed aggression from the North, the People Republic of China availing themselves of the opportunity, sent a strong naval forces to invade the archipelagoes of Paracels (1974) and Spratlys (1988) while it was wordlwide known that these 2 archipelagoes had been internationally recognized as integral part of Vietnam territories hundreds of years before the French colonization, and as such, were being effectively controlled by the Government of the Republic of Vietnam until their invasion by the People Republic of China, in blatant violation of the 1954 Geneva Accords, the 1973 Paris Peace Agreement and Final Act of the International Conference of which China is the signatory (see Appendices). 

Mr. Secretary General,   

With their above-mentioned actions, the Democratic Republic of Vietnam not only defied the high-valued principles of the United Nations Charter on justice and peace. They also disregarded the realization of peace and prosperity of the world under law. There has been worldwide understanding as to why North Vietnam could afford to defy the entire world. That is because thirty three years ago, the leaders of the world powers, members of the United Nations Security Council, chose not to act against violence and abuses.  

This violence should not be tolerated because in addition to the Paris Peace Accords, North Vietnam violated the stipulations of the Final Act signed by all five permanent members of the United Nations Security Council witnessed by former Secretary General Kurt Waldheim.  

In fact, the Final Act, in its Preamble, stated that:

“

The Government of the Republic of Vietnam

The Government of the Soviet Union

The Government of Canada

The Government of the People Republic of China

The Government of the United States of America

The Government of the Republic of France

The Provisional Revolutionary Government of South Vietnam Republic

The Government of the Republic of Hungary

The Government of the Republic of Indonesia

The Government of the People Republic of Poland and

The Government of the United Kingdom of England and Ireland 

            In the presence of the Secretary-General of the United Nations;

With a view to acknowledging the signed Agreements; guaranteeing the ending of the war, the maintenance of peace in Viet-Nam, the respect of the Vietnamese people’s fundamental national rights, and the South Vietnamese people’s right to self-determination; and contributing to and guaranteeeing peace in Indochina;

           Have agreed on the following provisions, and undertake to respect and implement them:       “                                                   (See Appendice “E”).  

Article 7/a of the Protocol stipulates that in case of violation of any provision of the Protocol, the signatories shall exchange ideas with others to determine the proper actions to be taken. Article 7/b also stipulates that a Conference will be held at the request of both the governments of the USA and North Vietnam, or upon a request of six or more of the signatories. 

Regretfully, right after the signature of the Agreement, 200,000 members of the Communist Army secretly left behind started to attack score of  thousands of times. At each attack, the government of South Vietnam protested in due process, but no action was taken by any member of the  signatories of the agreement. This inaction was tantamount to encouraging North Vietnam in their intent to invade which finally culminated to the 1975 all-out attack by the whole bulk of their fully equiped 15 divisions, reinforced by countless brigades of tanks, artillery, anti-aircraft and rockets. This has resulted in an incredible human cost and a tremendous social dislocation of South Vietnam, whose people had already been victims of  war and hardships for more than 30 years since the end of World War II.     

Mr. Secretary-General,  

This total disregard of law and justice can only encourage and favor the use of violence and atrocities, spreading crimes, terror, genocide, invasion, and piracy in numerous areas. Such was the situation prevailing in the world when you took over the leadership of the United Nations. I do respect your courage and determination to accept such a burden of responsibilities to  ensure peace and order in the world. In this spirit, I respectfully request that you re-open the files of the Paris Accords, and take necessary actions to ensure that Provision 7 of the March 2^nd, 1973 Act be implemented, by reconvening the International Conference on Vietnam to compel:  

A/ the government of the former Democratic Republic of Vietnam, now Socialist Republic of Vietnam, to respect and carry out their commitments in the following areas: 

1.        Dutifully implement the Paris Peace Accords and Protocols to show they are a capable and law abiding member of the United Nations;

     2. Implement Provision 9 of the Paris Peace Accords by removing    Article 4 and subsequent provisions of their Constitution, which are only arguments for a one-party dictatorship system;

3.      Immediately release without conditions all detainees because of religion, conscience objection, political affiliation, etc … ;

4.      Strictly implement Provision 11 of the Paris Peace Accords, by promulgating laws for the protection of the democratic liberties for the people, such as individual freedom, human rights, freedom of press, freedom of meeting, freedom of political organization and activities, freedom of belief, … to deserve their non-permanent membership of the United Nations Security Council ;

5.      Within 2 years, organize general elections to select regional and central officials in complete freedom and democratically due process, under the supervision of the United Nations, in compliance with Articles 9.b and 12.b of the Paris Agreement.  

B/ The People Republic of China to restore ownership of the Paracels and Spratlys archipelagoes to Vietnam, their legal and traditional owner, illegally and forcefully occupied in flagrant violation of the July 20, 1954 Geneva Accords, the January 27, 1973 Paris Agreement, the March 2, 1973 Final Act of the International Conference, the Charter of the United Nations and related international laws. 

Mr. Secretary General, 

We, the people of Vietnam, believe that peace only prevails if justice is equally granted to all nations and people. We also believe that atrocities and persecution that took place after repeated invasions by North Vietnam should not be rewarded. Most importantly, we are fully convinced that the noble ideals of peace, people’s right to self-determination, fundamental national rights and democratic liberties envisioned in the Paris Peace Accords should be evenly implemented for all concerned parties. As 19 years ago the United Nations sent its personnel and troops to Kampuchea to implement the Paris Peace Accords to help the Cambodian People freely choosing their political future, it is only fair that the people of South Vietnam request that the United Nations do the same for them to exercise their right to self-determination which is universally recognized as sacred and inalienable. Your remedial measures would be highly appreciated by South Vietnamese people. Above all, your perspicacious actions will give hope to all nations and people still victims of crime and oppression all around the world. Personally, I wish you success in the monumental task of leading the United Nations Organization into a new era. 

While looking forward to hearing from you, I would be very honored to meet with you or your representative to provide you with further details and clarifications on this matter, should needs arise. 

Respectfully yours,  

Nguyễn Bá Cẩn

Former Speaker of the House 

Prime Minister of the Republic of Vietnam

3107 Toscana Court

San Jose, CA 95135

                                             A  P  P  E  N  D  I  C  E       

                    I/ Excerpts  from the Paris Peace Accords (01/27/1973)

                                                             ===== 

A.   Article 1. 

                The United States and all other countries respect the independence, sovereignty, unity, and territorial integrity of Viet-Nam as recognized by the 1954 Geneva Agreements on Viet-Nam. 

        Article 3. 

                a) ……….

                b) ……….

                c) The regular forces of all services and arms and the irregular services of the parties in South Vietnam shall stop all offensive activities against each other and shall strictly abide by the following stipulations:

-         All acts of force on the ground, in the air and on the sea shall be probihited;

-         All hostile acts, terrorism and reprisals by both sides will be banned.

 

   B.  Article 7.

 

                From the enforcement of the cease-fire to the formation of the Government provided for in Article 9 (b) and 14 of this Agreement, the two South Vietnamese parties shall not accept the introduction of troops, military advisors, and military personnel including technical military personnel, armaments, munitions, and war material into South Vietnam. 

 

       Article 15.

 

                The reunification of Viet-Nam shall be carried out step by step through peaceful means on the basis of discussions and agreements between North and South Viet-Nam, without coercion or annexation by either party, and without foreign interference. The time for reunification will be agreed upon by North and South Viet-Nam.

  Pending reunification: 

a)     The military demarcation line between the two zones at the 17^th parallel is only provisional and not a political or territorial boundary, as provided for in paragraph 6 of the Final Declaration of the 1954 Geneva Conference.

b)    North and South Viet-Nam shall respect the Demilitarized Zone on either side of the Provisional Military Demarcation Line.  

      Article 20. 

a)     The parties participating in the Conference of Viet-Nam shall strictly respect the 1954 Agreements on Cambodia and the 1962 Geneva Agreements on Laos, which recognize the Cambodian and the Lao people’s fundamental national rights, i.e., the independence, sovereignty, unity, and territorial integrity of these countries. The parties shall respect the neutrality of Cambodia and Laos.

The parties participating in the Conference on Viet-Nam undertake to refrain from using the territory of Cambodia and the territory of Laos to encroach on the sovereignty and security of one another and of other countries.  

b)    Foreign countries shall put an end to all military activities in Cambodia and Laos, totally withdraw from and refrain from reintroducing into these two countries troops, military advisors and military personnel, armaments, munitions and war material.   

 C.  Article 11.               

                     Immediately after the cease-fire, the two South Vietnamese parties will :

-         achieve national reconciliation and concord, end hatred and enmity, prohibit all acts of reprisal and discrimination against individuals or organizations that have collaborated with one side or the other;

-         ……… 

D.  Article 9. 

The Government of the United States of America and the Government of the Democratic Republic of Viet-Nam undertake to respect the following principles for the exercise of the South Vietnamese people’s right to self-determination:

a)      The South Vietnames people’s right to self-determination is sacred, inalienable, and shall be respected by all countries;

b)     The South Vietnamese people shall decide themselves the political future of South Viet-Nam through genuinely free and democratic general elections under international supervision. 

           Article 11. 

Immediately after the cease-fire, the two South Vietnamese parties will:

-         ……..

-         ensure the democratic liberties of the people: personal freedom, freedom of speech, freedom of the press, freedom of meeting, freedom of organization, freedom of political activities, freedom of belief, freedom of movement, freedom of residence, freedom of work, right to property ownership, and right to free  enterprise.  

            Article 15. 

           The reunification of Viet-Nam shall be carried out step by step through peaceful means on the basis of discussions and agreements between North and South Viet-Nam, without coercion or annexation by either party, and without foreign interference. The time for reunification will be agreed upon by North and South Viet-Nam.   

                 II/  Excerpts  from the ACT of the International Conference

                                            on Viet-Nam (02/03/1973)

                                                           =======

E.

                                                            A  C  T

          OF  THE  INTERNATIONAL  CONFERENCE  ON  VIET-NAM       

 

The Government of the Republic of Viet-Nam;

The Government of the Union of Soviet Socialist Republics;

The Government of Canada;

The Government of the People’s Republic of China;

The Government of the United States of America;

The Government of the French Republic;

The Provisional Revolutionary Government of the Republic of South Viet-

       Nam;

The Government of the Hungarian People’s Republic;

The Government of the Republic of Indonesia;

The Government of the Polish People’s Republic;  

The Government of the Democratic Republic of Viet-Nam; and

The Government of the United Kingdom of Great Britain and Northern

        Ireland; 

          In the presence of the Secretary-General of the United Nations;

With a view to acknowledging the signed Agreements; guaranteeing the ending of the war, the maintenance of peace in Viet-Nam, the respect of the Vietnamese people’s fundamental national rights, and the South Vietnamese people’s right to self-determination; and contributing to and guaranteeeing peace in Indochina;

Have agreed on the following provisions, and undertake to respect and implement them;

                                             Article 1 

The parties to this Act solemnly acknowledge, express their approval of, and support the Paris Agreement on Ending the War and restoring Peace in Viet-Nam signed in Paris on January 27, 1973, and the four Protocols to the Agreement signed on the same date (herein-after referred to respectively as the Agreement and the Protocols). 

                                            Article 2 

The Agreement responds to the aspirations and fundamental national rights of the Vietnamese people, i.e., the independence, sovereignty, unity and territorial integrity of Viet-Nam, to the right of the South Vietnamese people to self-determination, and to the earnest desire for peace shared by all countries in the world. The Agreement constitutes a major contribution to peace, self-determination, national independence, and the improvement of relations among countries. The Agreement and the Protocols should be strictly respected and scrupulously implemented. 

                                            Article 3 

The parties to this Act solemnly acknowledge the commitments by the parties to the Agreement and the Protocols to strictly respect and scrupulously implement the Agreement and the Protocols.

                                            Article 4

The parties to this Act solemnly recognize and strictly respect the fundamental national rights of the Vietnamese people , i.e., the independence, sovereignty, unity and territorial integrity of Viet-Nam, as well as the right of the South Vietnamese people to self-determination. The parties to this Act shall strictly respect the Agreement and the Protocols by refraining any action at variance to their provisions.

……………..