[Vnbiz] Intel Vietnam refuses to pay bribes

Wed Aug 15 08:35:45 PDT 2007

Perhaps anh Hoanh can show how many times the FCPA have been used in court 
since its inception.
Its real value is as a tool for U.S. businesses to sidestep "requests" for 
"payments".
Here's my own practical approach to thinking about corruption in general:
Companies, people will decide whether or not to engage in corruption based 
on their own interests.
They will if the benefits outweight the costs and vice versa.

A set of anti-corruption laws must be in place.
A free and independent press plays the most important role in exposing 
corruption.
A fair, competent, and independent court is necessary to prosecute 
corruption.
Vietnam has the first element in place, the second element is partially in 
place but still weak, and the third element still weaker.

In this context, Intel Vietnam's action is smart and logical:  it is 
simply immunizing itself against corruption, witnessed by both the USG and 
GVN.
This is much easier done for large multinational companies than for small 
businessess.

"Tran Dinh Hoanh" <tdhoanh at gmail.com> 
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08/15/2007 01:57 AM
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Re: [Vnbiz] Intel Vietnam refuses to pay bribes

[ Vietnam Business Forum ]

Dear Sister Bich Lien & CACC,

You pose a wonderful question, sister.  Lucky for the students who have 
you as their teacher, Bich :Lien they will learn well! 

"There must be something else, a part from legislation and individual 
citizens, that make the system the way it did.  An open-ended question, to 
which I have no answer."  That is so true!  Bich Lien, I had that question 
when I was 17, and it followed me for several decades, and during that 
times, I searched for the answer in every thing under the sun; you name 
it, I have searched in it. 

I have such a strong urge to share with you my long journey, but to save 
everyone's time, let me just share the final observation: The missing 
thing that sis. Bich Lien is looking for is "the standard of conduct that 
the majority of the people demand. "

If the majority of people demand the standard that their leaders have to 
be honest, that bribery is bad, then the country will have honest leaders 
and will have less corruption.  If the majority of people think that their 
leaders just have to be "effective" (whatever effective means)but don't 
have to be honest, and that corruption/bribery is an OK way to live and to 
do business, then the country will be marred with lying/cheating leaders 
and corruption will fill the scene. 

Please note, I say "majority of people." Sister Bich Lien said there are 
MANY good officials.  But many is not enough if that many is still the 
minority.

And I say "standard of conduct," meaning, the character traits that people 
look up to and whoever achieves such characters will be admired by most 
people, the character traits that people want their leaders to possess . 
Standard is usually a bit idealistic, because standard is for "the best 
scenario."  Say, the standard score for good student is the perfect 10/10. 
 But few students ever achieve this.  Most good students would get 9/10 or 
8/10 only.  However, everything being equal, the school that has the 10/10 
standard will produce much better students than the school that sets 8/10 
as its standard. 

Most people in Vietnam think that paying and receiving bribes is OK, it is 
just a way to do things.  The majority of the people will not stand up and 
say that it is bad and that it must be stopped.  (Since 18 years old in 
college in Saigon, I have fought against most of my friends who would 
convinced me that corruption and bribery is the way to live and that I am 
just naive.  Imagine you hear this from 18 years old kids (who were my 
friends)!  Sad but true.  And today many people still tell me that I am 
too idealistic, that they don't need honest leaders, that they believe 
corruption is an OK or acceptable way to do business, or corruption is 
just a matter of semantic. 

We will always disagree in many specific circumstances whether a sentence 
spoken is honest or not, or a specific gift or payment is indeed a bribe. 
Application of a rule to a specific case may raise disagreement among 
friends.  That is OK.  But at least, the majority of the people have to 
believe in the rule of honesty and the rule of clean business and clean 
government.  If we don't have the majority, the minority of good people 
won't be enough. 

How to get that majority?  Simple, keep talking, keep preaching, keep 
teaching, and keep practicing honesty and cleanliness.  It is hard, 
because we all are human, and we all, including me, and especially me, 
fail often for our weaknesses, and we need to eat and pay bills and feed 
our children too.  I know.  But if we have faith in the ultimate victory 
of goodness, will stand up after each fall, and continue talking about 
honesty and clean governance again and again and again, time after time 
after time, regardless of what the negative people may say, then 
eventually that majority will be achieved. 

Trust me.  Have faith!

Have a great day, sis. Bich Lien and all.

Hoanh

On 8/15/07, Bui Bich Lien <lien.bb at gmail.com> wrote: 
[ Vietnam Business Forum ]

Anh Hoanh and CACC,

1.      The OECD member countries adopted a Convention on Combating 
Bribery of Foreign Public Officials in International Business Transactions 
in 1997. 

2.      Corruption in Vietnam, as elsewhere, is often systematic.  So I 
guess that an institutional approach to corruption may help enlighten the 
problem.  Having said this, I do not mean to underestimate the fact that 
ethical individuals/citizens are jewels in every society.  But as Nam Cao 
stated [almost hundred years ago] in the famous Chi Pheo "tao muon lam 
nguoi tu te, nhung ai cho tao lam nguoi tu te" (I want to be a good 
person, but who allows me to do that???).  Within my limited circle of 
friends/acquaintances, I already know MANY public officials in Vietnam who 
have relatively high ethical standards and want to be good citizens.  But 
it's the fact that they are operating in a system that is known for high 
level of corruption.  The system has not been mature enough to facilitate 
them to do what they want -- life is a matter of choice, and I can well 
understand one's choice of survival before ethical.  If the US has FCPA, 
Vietnam has an Anti-corruption Law too.  And I just mentioned, Vietnam 
seems not lack ethical officials/professionals either.  There must be 
something else, apart from legislation, and individual citizens, that 
makes the system the way it is.  An open-ended question, to which I have 
no answer. 

Rgs,

Lien

-- 
Tran Dinh Hoanh, Esq., LLB, JD
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