[Vnbiz] Vnbiz Digest, Vol 23, Issue 9

[Shandon Phan]

This is a vast subject.  I have enjoyed reading many posts by anh Hoanh, anh
Phong and others in this discussion.  I saw a few points in anh Hoanh's most
recent post and I'd like to address them:

 >> But going back 60 years ago, during the anti-French time, through the
American War, till 1975 in the North, we didn't have law at all.  The law
was the VCP.  The VCP issued orders and everyone followed.  That was it.
But the nation did very well, it won the two wars.

It was an organized top-down system that stressed on secrecy, rhetorics (a
good mix of patriotism, sacrifices, courage, virtues and lies) and demands
absolute obedience from its members.  So in a sense, there was laws and
policies, even unjust but were thought to be necessary to win teh war, at
any cost, as Ho Chi Minh, Mao Trach Dong, Stalin, and most communist leaders
did.  The nation, under their leadership, was inspired to act, violently.
Similar conclusions could be said of the Mongols who united, won their
freedom, and conquered the world under Gengis Khan.  But I think we should
focus the discussion on the rule of law, which means a system of governance
and organizing society.


>> Why?

>> Because during those time, the nation was ruled by a great inspiration
for "independence, freedom and happiness."  Ho Chi Minh was a great leader,
who really had compassion of his people and who took his people's fire into
his heart, and brought fire out from his heart back to his people.  VCP
members were idealistic and clean.  They lived for the country and died for
the country.

HO Chi Minh had the fire, yes.  And so as many other nationalist leaders,
who knew communism well and who were educated enough to try to walk the
difficult path, to build a society based on democratic ideals, free-market
economy and the rule of law.  Reading the political thoughts of Ly Dong A,
Huynh Phu So, Nguyen Van Bong, I see intellect, judgement, and great
political leadership.  They were all assassinated.  No one denies the fact
that VCP members were idealistic and clean during wartime.  But looking
back, we must recognize that such characteristics were mostly done at the
low level.  Communist leaders, no matter in Vietnam, China, or Cuba, has
always lived in luxury, and were very good at indoctrinating their
followers.  They systemof serecy and absolute obedience they employ ensures
that their followers continue to worship them, as heroes, and are willing to
sacrifice for "the nation."

>> In short, the nation was ruled by the rule of compassion.  The nation was
great and was doing great deeds - i.e. winning over the superpowers of the
world.

In essence, you are making an argument of a "rule-by-man" system.  How is it
different is the governance under the VCP v. feudal societies under Quang
Trung, Le Thanh Tong, or other Vietnamese kings?  The inspiration always
centers around one man, one great man during fortunate times, one who
possesses vision, great leadership, and compassion for his people.  The same
reason why communism is organized and implemented in reality pretty much
like a religion.  From China (Mao Trach Dong) to Vietnam (Ho Chi Minh) to
Cuba (Fidel Castro) to North Korea even to Cambodia (Pol Pot, this is a
special case since he likes to use the Organization, instead of showing
himself in public), it always centers around one figure.  And that figure is
made to be a great hero, the father of the nation, no matter how many flaws
or mistakes that person demonstrated.

[Note:  Pres. Ho Chi Minh and the VCP did have some big management mistakes
that I have mentioned previoulsy, but those are not relevent here]

>> If those are considered simply "management mistakes" that "are not
relevant here," I am afraid we are missing the main point.  The rule of law
does not discriminate nor promote any particular "hero,"  it simply promotes
and guarantees fairness and transparency, which are essential
characteristics of effective government system.  Capable men will have the
ability to prove themselves.  Desire to contribute and compassion should be
a given for those who are interested in pursuing politics and public
service.  The system will work to select the right leader.  And during great
times, we have leaders like JFK or Ronald Reagon who were able to inspire
the nation. But even during bad times, even when facing with civl war (the
Union v. Federated States), the Soviet Union, or terrorism, the rule of law
ensures that the US does not engage in a policy of mass murder against its
own people right after achieving war victory, or continuing to deny its own
people's rights and freedoms.

The rule of law should be viewed as the basis, the foundation in the
developmetn of a nation.  Virtue or personal development is always needed in
every society, and I dare to say that it is promoted heavily in America.
Just take a look at the number of books, tools, institutions, and laws
designed to promote the development of character.  The reason why many do
not act as virtously because they simply exercised their freedom of choice
to pursue the easy path of pleasure and greed.  But the system is always
there to provide the balance and an effective mechanism to ensure that
things do not go to the extreme.  A very good example to see the importance
and the high level of development concept is to contrast the national
polices b/w America during its down time, after the civil war, v. Vietnam's
great times, when VCP was winning.

I think anh Hoanh is making a mistake of going back to the thousand-year-old
concept of governance based on compassion. --> "nhan tri"  For all its
beauty, you are imagining the best scenario with the best actors on the
assumption that the actors will live forever and play his part.  The reality
is... assuming Ho Chi Minh was such a great leader, he was controlled
and incapble of making key decisions during the last part of his days.  He
did not lead, but only sit to serve as a symbol for the extremists sitting
on the Politburo.  Do you disagree?

>> So you see, even when we have no rule of law, we can do great deeds if we
have the rule of compassion.

I think humankind has bet on that assumption, that possibiilty many times.
The Mongols arguable did great deeds.  The Vietnamese under Le Thanh Tong,
Quang Trung, arguably did great deeds.  Weren't they that great?  Could
militaristic victories be qualified as great deeds?  I doubt this concept
"rule of compassion" very much.  Because it is individual-based and there
are too much risks based on the hope for the best scenario.  If the
individual is good - Ho Chi Minh, Pol Pot, Mao Trach Dong... all were
idealistic and patriotic in the beginning - and obtains the ulimate power,
what saves the people and the nation when he turns rogue and corrupt?

Men can be taught and trained.  Men can be replaced.  What is crucial is the
development of an effective merit-based government system.  Such a system
ensures that those in power are good and capable, if not visonary and great
leaders.

>> After the two wars, the VCP, with no more war to fight, with the full
power over the people, became arrogant, lazy, fat, heavy, sluggish, and
corrupt.  Many VCP members were no longer patriotic and idealistic; they
became thieves and robbers.  That was how our nation fell from greatness to
scum.  And that is why today we have no more fire, no more inspiration, no
more idealism in our political scene.

I think you were maknig an observation, not an analysis of the state of our
nation.  So the VCP needs a war to fight for them to stay idealistic and
clean?  I guess the same can be said for the Khmer Rouge, the Red Army,
etc.  Does it ocur to anyone that such "greatness" was built on lies,
deceit, secrecy, indoctrination, violence, and other extremist measures?
When there's no war to keep the "soldiers" moving, inspiration just
disappear because that's when people start to see things.  They get angry,
disappointed, disallusioned, and they manifest their thoughts and beliefs in
different ways.  Being corrupt seems to be the way of survival.  Either you
make it or you break it.  Nobody wants to break considering that you
sacrificed so much to win the war.  Those veterans who clinged on with
their idealism from the war time eventually got pushed out and silenced, if
not enemies of the state.  People like Tran Do.

>> Instead, we struggle just to establish the rule of law, to insure the
minimum level of human conduct for bare survival.  What a shame!

Perhaps, anh Hoanh ignored the fundamental problem and challenge.  The rule
of law provides the most effective mechanism and the safest measure for good
governance and the development of a civil society.  It provides transparency
and fairness, ensures accountability and efficiency.  Also through the rule
of law that we can ensure, not hope for or bet on, good leadership.  The
system selects those capable and does not discriminate.  The so-called "rule
of compassion" or "nhan tri" is individual-oriented and therefore, too risk
when the fate of the nation is at stake.  It is also a very basic, outdated
concept of governance that has been replaced by the rule of law.

>> It is a good thing that we are trying to establish the rule of law.
 *But how
about the great fire, the great inspiration*?

>> Now we have no war, no heroic death to perform, no defiant smile under
the enemy's bomb.  How are we, the leaders, plan to bring inspiration back
to this nation?

I think the inspiration has always been there, all along.  From democratic
dissidents to certain VCP members who have advocated for comprehensive
reform to overseas activists and intellectuals, inspiration exists at many
levels.  The lack of the rule of law denies them the platform, the
opportunity, and the level of necesary safety to promote and apply their
ideas.

>> May I suggest one simple thing:  *The true hero of our time is the leader
who simply stays clean and honest, staving off the incredible pressure from
everyone around to lie, to cheat and to take bribe. *

That might be true in America.  But look what happens to a man of courage
(both as a warrior and a politician) and integrity like John McCain?  He
might not win the presidential seat, but he remains a hero that inspire
generations of Americans and probably one of the greatest senators America
has ever produced.  On the other hand, try to look for "the true hero of our
time, the leader who simply stays clean and honest" in the VCP system is a
strange and unrealistic concept.  What would such a man, if he exists, do
and where would he go to follow his ideals and implement his ideas?  Such
men, if wise, have been silent or skillful to navigate teh system.  Others,
if courageous, have been silent long time ago.

Are they the best leaders that Vietnam can produce?  No.  They are no doubt
heroes who deserve our respect.  They symbolize the virtues we would like to
see in statemen.  However, we need men with both character and ability.  The
rule of law ensures that.
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