[Vnbiz] Vnbiz Digest, Vol 23, Issue 9

[Tran Dinh Hoanh]

Dear brother Shandon,

Thanks for the long and thoughtful message.  I agree with you that we need
the rule of law.  And that is what I said in my previous message.  Did you
miss it?  But I also said we also need people with good heart, good
inspiration.

Are we saying that we just need a good book of law and everything else will
work out well?  (Sound like the Bush administration on Iraq: "Just have an
Iraqi Consitution then things will go well fromo there.")   Come on, most
countries, including the most corrupt countries of the world, have very good
codes of law.  But they are still brutal and corrupt.  I remember studying
the South Vietnam constitution, which at the time I thought much more
advanced than the US constitution--because the people who prepared the South
VN constitution improved upon the US constitution.  But South Vietnam was
incredibly corrupt and undemocratic.  At that time I couldn't understand
why.  Now I do understand why).

Why?

Because the law is operated by human.  Law doesn't operate itself.  Whoever
says the law operates itself is simply stupid.  How could a set of law
books operate anything?

Law is operated by humans.  If the humans are corrupt, the law becomes
corrupt.  If the humans are good, the law becomes good.   You can't hire a
bunch of thieves and believe that the good management system of your company
will make everyone of them work well for the company.

In the final analysis, humans count 100-percent of your operation.  The rule
of law helps the human much from falling, but you still have to have good
people to begin with.  That is why companies have their HR people working
their rear off to search of good employees to hire.  Otherwise, who needs
HR?

Have a great day!

Hoanh

(About the VCP, it did make management mistakes, but it led the nation to
win independence from foreign powers--while others chased after foreign
skirts.  For a nation and a people constantly under foreign domination for
thousands of years, nothing is more precious than independence.  Please keep
that in mind.  We won't be proud as a Vietnamese if Vietnam is still a
French territory or a de facto American protectorate as the South was).


On 8/8/07, Shandon Phan <shandonphan at gmail.com> wrote:
>
> [ Vietnam Business Forum ]
>
>
>
> 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.
>
>
-- 
Tran Dinh Hoanh, Esq., LLB, JD
Washington DC
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