Grievance Petition from the Archbishop of Hanoi Archdiocese
Office of Hanoi Archbishop Rectory
No.: 025/TGM 08
Re: Complaint against the Hanoi Television Program;
New Hanoi Newspaper; and the Capital Security Newspaper
Hanoi January 28, 2008
Social Republic of Vietnam
Independence – Liberty – Happiness
Grievance Petition
To: -The Director of the Hanoi Television Station
-The Editor-in-Chief of the New Hanoi Newspaper;
-The Editor-in-Chief of the Capital Security Newspaper
In the evening program of the Hanoi Television Program aired on 1/26/2008, and on the New Hanoi Newspaper and the Capital Security Newspaper editions published on 1/27/2008, your reporting of the story on the old Catholic Embassy and the 1/25/2008 incident were a total fabrication from the true facts.
You have distorted the true facts regarding the land parcel belonging to the Hanoi Archdiocese, and especially the lot of the old Catholic Embassy. The Hanoi Archdiocese has full legal evidence regarding the true ownership of the land parcel and property therein.
The Executive Order No. 21/2004/PL-UBTVQH11 regarding Religions and Churches issued on 6/18/2004, clearly states: “Lawful properties belonging to a church are protected by the law and any act of violation to those properties are strictly prohibited” (section 26). Also, in the same Order, Article 1, Section 27 states: “Land having constructions being used by a religious church including pagodas, churches, temples, shrines, monastery, religious schools and offices, and other church properties are protected and allowed by the government for permanent operation.”
Your television station and the Hanoi newspapers quoted the responding correspondence no. 05/BXD – QLN dated 11/6/2007 that: “Implementing the Government’s policy on real property reorganization, father Nguyen Tung Cuong representing the management, on 11/24/1961, has transfer the control of the property no. 40a (now is 42 Nha Chung Street) to the Government” is a baseless report. The Rectory of Hanoi Archbishop has issued formal rejection of this correspondence. WE now wish to reiterate as follows:
The Roman Catholic Law Cannon 1292 provides: “...The presiding Bishop in agreement with the Economics Council and Advisory Council. The Bishop shall obtain the agreement from those councils when transferring property belonging to the Diocese.” Father Nguyen Tung Cuong at the time was only a manager of the Rectory. He certainly was not the owner of the property, having no authority to dispose of the property of the Church. We know for a fact that father Nguyen Tung Cuong only made a declaration of property but not a transfer. He had no power to transfer.
The above document of the Department of Construction also did not mention the Government’s which policy that deals with the reorganization of real property? Which legal document has jurisdiction over that act of appropriation of Church property?
Document 05/BXD – QLN dated 11/6/2007 states that “father Nguyen Tung Cuong had transferred the property located at 40a (now 42 Nha Chung Street) to the Government for proper care” is absolutely baseless and without legal authority. The property belongs to the Vietnamese Catholic Church, was not entrusted by the government, neither was it borrowed from, or issued by the government. Nor was it illegal property or entrusted by the court, therefore it simply could not be “transferred to the Government to be managed.”
No single priest may represent the Archbishop Rectory to transfer Church’s property to the Government. The property at 40 Nha Chung Street including the former Catholic Embassy was, now is, and continues to be the property of Vietnamese Catholic Church. Several Government agencies had used numerous methods to take control of it in unrighteous manners and using it to the present is an unlawful act.
You have distorted the truth about Catholic community activities on 1/25/2008. We categorically respond each point as follows:
1 – Destroying Government’s property (office of the Cultural Information and Cultural House of Hoan Kiem District)
-It is the Government who unilaterally removed and destroyed church’s property that we had owned since the past to the present. Particularly, the Government had removed the roof and hardwood floor in December 2008.
2 – Encroaching on public land, unlawful construction (installation of statue of the Virgin, the Cross, and 2 tents on the compound of 42 Nha Chung Street)
-Nobody had encroached on public property. This land belongs to the Hanoi Archdiocese who had never given, transferred or sold to anybody at anytime. Even there is no order confiscation. The temporary tents simply can not be called construction. At the base of the banyan tree, there existed the Nativity Scene, the Cross, and the statue of the Virgin. The act of enshrining the statue and the Cross is to restore to the original status as existent before the confiscation by the government.
3 – Gathering and unlawful habitation causing traffic interruption and interference at government office at no. 42 Nha Chung Street.
-The land certificate established in 1933 clearly stated that this land belongs to the Cathedral. Praying there is, therefore, inside the compound of the Cathedral. The faithful come there not to live but only to pray, therefore there is no unlawful habitation. Is it really a government office when it was used as a dance hall before? As to the signs “Cultural house,” “Cultural Information Office,” they were only recently posted there at 17:30 P.M. on 12/26/2007.
4 – Disorderly conduct, insults, and injuring to government employees and officials.
-What a fabrication! The parishioners only pray in peace and calmness. It was the government officials and enforcers who abused their power, had insulted, intimidated, and assaulted the innocent citizens severely. They are the ones who violated the laws and should be punished accordingly. We have in our possession photo proofs of those abuse and assaults.
5 – Organizing praying in violation of the Judicial Order on Religion: “Here, church members and some church officials had torn down 2 iron gates, stormed into the yard and battled the guards and some clerics who were working at the Cultural House of Hoan Kiem District. During the assault, some fanatic Catholics had physically assaulted some government officers among which one was severely injured and is still now being medically treated at the hospital. After this violent incident causing many injuries, some parishioners and cleric members installed a five-meter Cross inside the office of the Culture and Information House of the Hoan Kiem District. Thereafter, they broke the locks to the door, removed the official sign, hung the banners, construct nylon tents to live and pray on the compound of the house at 42 Nha Chung Street.”
-Praying is a legitimate and lawful activity of the parishioners. The under cover police had beaten and arrested them in an unlawful manner. In response, the parishioners had demanded justice and release of the innocent citizens. It is the unlawful arrests that cause people’s frustration. They poured into the compound to demand release of the innocents and punishment to the wrongdoers. The church officials always remain responsible. They had called for order and calm, and for peaceful resolution to the problems. Had the priests not intervened, there would be chaos. It was the Government officials who violently beaten the people causing severe injuries. We have full proofs to the incidents. The officials are responsible in causing the calamity when making false arrest and assaulted the parishioners.
As to some news that were posted on the internet by several people, the Hanoi Archbishop Rectory can not claim responsibility, but the postings are truthful and they are the rights of the citizens that are protected by the Constitution and Laws through Article 4 of the Media Law. It is the broadcasting by the Hanoi Television and the publications by the Hanoi and Capital News that are vicious lies and malicious distortion of the truth designed to slander the Catholic clergy and parishioners. Those acts had happened in broad daylight in full view of parishioners, people and passer-bys. They were also witnessed and reported by international press corp. The blunt act of distortion of the truth by your television station and the 2 newspapers is proof to your blatant violation of justice and the truth, bringing shame to the image of a country being ruled by law such as Vietnam. It is this act that negative affects the spirit of national unification at the present.
With the above reasons, and based on the Constitution, Vietnamese laws, and the Media law, (article 28), we hereby demand:
1- The Hanoi Television Program, the New Hanoi Newspaper and the Capital Security Newspaper must report the news truthfully and objectively, open an investigation and issue a retraction and correction according to the applicable laws, and to produce proof and evidence to support the reports.
2- Determine the responsible parties who have instigated the distortion and misinformation campaign.
3- Respond to us in a timely manner and according to applicable laws.
Greetings to you with the truth and justice
On behalf of the Hanoi Archbishop Rectory
Chancellor
(signed & sealed)
Reverend Le Trong Cung
To: -The addressees
-The Prime Minister
-People Committee of Hanoi City
-The Central Committee on Culture and Ideology
-The Ministry of Information and Communications
-File