The Ho Chi Minh City Bar Association has removed the names of lawyers Dang Dinh Manh and Nguyen Van Mieng from its list of members, according to the Ho Chi Minh City Law Newspaper.
The two had not paid membership fees for many years, the paper said in its Wednesday edition, adding that the decision to suspend them came into effect on April 5.
Hinting at another reason for the Bar Association’s decision the paper added that the two lawyers had previously defended six members of the Peng Lei Buddhist House – or Tinh That Bong Lai – who were sentenced in 2022 to a combined 23 years and six months in prison on charges of “abusing democratic freedoms” under Article 331 of the Criminal Code.
Lawyer Nguyen Van Mieng told Radio Free Asia he was not surprised by the decision and noted that the Bar Association has had ongoing problems with members not paying union dues. However, he said he believed that was not the main reason for them canceling his membership.
“In Vietnam, practicing lawyers are required to participate in the bar associations of provinces and cities. Everyone must belong to a certain bar association. Therefore, when the bar association removes our names, it means we are no longer qualified to practice law in Vietnam even though we are still lawyers,” he said.
“The independence of bar associations is almost non-existent. The cases we work on related to politics and democratic freedoms are monitored and the Bar Association, as a professional organization, is supposed to protect us in our activities but they are an extended arm of the security agency, or of other legal agencies.”
He said it was clear that the real reason for removing his name from the Bar Association was to clear the way for his prosecution under Article 331 in connection with the Tinh That Bong Lai case.
Lawyer Dang Dinh Manh told RFA that, in early 2023, the Ministry of Public Security asked the Long An Provincial Security Investigation Agency to conduct a criminal investigation against him.
He said that after receiving political asylum in the U.S. he wrote to the Bar Association asking for his name to be removed from their list of lawyers and also deleted any mention of the association from his social media.
“Currently, practicing law in Vietnam with professional qualifications is unthinkable, but I still try to practice according to the concept ‘there is nothing that prevents lawyers from practicing in accordance with their professional qualities’,” he said.
”Looking back on 28 years of practice, I have only one regret: having to stop defending activists, because being able to defend them is a privilege."
The Ho Chi Minh City Bar Association is under the direct control of the central government. One of its tasks is to represent and protect the legitimate rights and interests of practicing lawyers.
Lawyers Dang Dinh Manh and Nguyen Van Mieng are two of the five people representing the defendants in the Tinh That Bong Lai case.
They have repeatedly received summonses from the Long An Police due to reports from the Department of Cyber Security & Crime Prevention which said the two distributed online video clips, images and articles that allegedly showed signs of abusing democratic freedoms, infringing on the interests of the State and the legitimate rights of organizations and individuals according to Article 331 of the Criminal Code.
Both lawyers ignored the summonses on the grounds that it was their right to remain silent as persons under investigation.
On June 11, 2023, the Long An Provincial Police website posted a search notice saying that the two lawyers had ignored requests to come forward to be interviewed and had ignored repeated summonses, while giving no reason for their absence. It said that the police did not know the whereabouts of the two lawyers.
The Long An Provincial Police Department said it intended to search for the lawyers to resolve crime reports.
Both lawyers affirmed that this search procedure is illegal, because according to the provisions of the Criminal Procedure Code there is no law regulating it.
The two lawyers are currently in the United States.
Translated by RFA Vietnamese. Edited by Mike Firn and Elaine Chan.