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Enacting Anticorruption: The Reconfiguration of Audit Regimes in Contemporary Vietnam
Enacting Anticorruption: The Reconfiguration of Audit Regimes in Contemporary Vietnam
As a consequence, it has
become quite dincult to determine where socialist techniques to promote
compliance with existing ethical guidelines and legal requirements end and
neoliberal ones begin, as each approach, although premised on dramati-
cally dierent assumptions, exhibits some o the eatures thought to denne
the other. 1his unexpected outcome underscores why historically inormed
and ethnographically nuanced studies o government (i.e., the specinc prac-
tices that make it possible to guide the conduct o onesel and others toward
desired ends) are needed to better understand how local contexts enable,
contest, and rework global modes o regulation.
Contexts
Oncial as well as popular concern over corruption is not new in \ietnam.
1he mass media, although still under direct and indirect orms o state man-
agement, has reported on scandals, especially cases involving low- and mid-
level oncials, or years. However, nearly all my inormants ound the cover-
age o a .cc6 corruption scandal to be unprecedented in investigative scope
and detail.
8
1his was particularly unusual since the scandal in question
the countrys largest to date involved an extremely sensitive topic: the
criminal misuse o overseas development assistance (ODA) by high- ranking
government personnel, many o whom were also prominent Communist
Party members.
During the spring o .cc6, ;ournalists gradually revealed that oncials
based in Pro;ect Management Unit 8 (PMU- 8), which oversees the dis-
tribution o ODA or transportation pro;ects across northern \ietnam,
had embe..led nearly US3 million the previous year to pay or dierent
social evils (/ oo s /), that is, practices the party/state deems harmul
to the moral and cultural well- being o the nation. In this instance, the evils
included the misappropriation o oreign aid to cover substantial gambling
positions 20:2 Spring 2012 598
debts, the services o high- end sex workers, the cost o expensive drinking
sessions, as well as the steady stream o bribes needed to keep these and
other criminal activities secret.
1he controversy reached its initial peak in early April o .cc6, shortly
beore the 1enth National Congress o the Communist Party. In the weeks
that ollowed, high- ranking party members issued do.ens o oncial state-
ments, portions o which were eatured in hundreds o articles that appeared
in the mass media and other speciali.ed publications regarding the causes
o corruption in contemporary \ietnam and the actions proposed to eradi-
cate them.
Still others dismissed these rumors o a cover- up. In their view, the scandal
was instead a deliberate attempt by the Communist Party to demonstrate its
power and benevolence in a highly public ashion. As evidence, they noted
that the initial arrests occurred immediately prior to the 1enth National Con-
gress, which meant details o the police investigation could slowly be leaked
to the press to make visible the Communist Partys eorts to punish corrupt
oncials and implement new anticorruption measures.
60
(Indeed, investigators
in the Ministry o Public Security were reputed to be the primary source o
the leaks.) 1hus the oncial response to the scandal did not in their view
represent a genuine shit but was instead a rituali.ed political perormance
designed to promote unity o purpose at the party congress.
6J
positions 20:2 Spring 2012 618
Dennitive answers as to why the PMU- 8 trial ended as it did are unlikely.
What is perhaps more important here are the terms o the debate, as they
reveal the diversity o views on the tactics, mechanisms, and technologies
through which authority is actually constituted and rule accomplished in
contemporary \ietnam. As the outcome o the case makes clear, dierent
sets o norms continue to exist, moreover, the political rationalities that help
guide a persons conduct are not entirely reducible to that o ideology or
economics, be they socialist or neoliberal in orientation.
Conclusion
Stories related to the PMU- 8 scandal quickly disappeared ater the trial.
1hey were replaced by yet more news items about new anticorruption
measures, such as the continued spread o one- stop shop, a program or
accelerating business registration procedures to reduce corruption associated
with multiple, nontransparent contacts between entrepreneurs and state
oncials across multiple agencies. 1his was ollowed by an announcement
that sixteen ministries as well as thirty- three provinces and municipalities
had completed their own anticorruption action plans.
6!
Soon ater, the mass
media reported that nve ministries as well as the State Bank o \ietnam had
issued proessional moral codes o conduct or their sta. Ater which, the
Central Steering Committee on Anti- corruption proclaimed that it had ;ust
concluded its assessment o orty- eight provinces and cities regarding the
implementation o the .cc Law on Anti- corruption.
6!
So in the end, what are we to make o this constant reiteration o oncial
progress in the nght against corruption 1he PMU- 8 scandal, like those
that preceded it, clearly oered the Communist Party the opportunity to
represent and speak or the people as a unitary social body.
6!
But, in
sharp contrast to previous crises, competing views emerged on the primary
causes and solutions to bureaucratic corruption. Despite concerted eorts to
suppress these disagreements at the 1enth National Congress, no integrated
approach to anticorruption materiali.ed aterward. Instead, the number
o approaches currently in use continues to grow as dierent ministries,
provinces, cities, and cross- sectoral bodies (e.g., the State Audit o \ietnam)
carry out their own anticorruption initiatives in addition to participating in
MacLean R Enacting Anticorruption 619
nationally sponsored ones. Some o these initiatives are clearly sel- interested
and sel- serving. Others are implemented at the behest o innuential actors,
such as international nnancial institutions, bilateral aid agencies, and or-
eign business lobbies. Still others are carried out in collaboration with
them.
6
Consequently, ongoing eorts to more accurately denne, measure,
and enorce accountability in contemporary \ietnam have not replaced one
regulatory regime with another, rather, they have resulted in overlapping,
nested, and hybrid mechanisms or auditing the nnancial- moral conduct o
party/state oncials, which makes it dincult to determine where socialist
techniques end and neoliberal ones begin, especially as each oten exhibits
some eatures associated with the other.
Calls or greater accountability continue to have their limits in \ietnam
as well. In May .cc, security oncials arrested two investigative ;ournal-
ists, Nguyn \n Hi and Nguyn \it Chin, or their past coverage o
the PMU- 8 scandal. Both men had published reports during the height o
the scandal that contained reerences to statements the director o PMU- 8
made that orty other senior oncials had accepted bribes to remain silent
about his criminal activities prior to his arrest. 1his explosive accusation,
which was not pursued at Dngs .cc trial, later enabled prosecutors to nle
criminal charges against the two reporters or abusing democratic reedoms
to inringe upon the interest o the State and{ the legitimate rights and
interests o organi.ations and/or citi.ens.
66
Both men spent nve months in
detention prior to their trial in late .cc8. During the trial Hi changed his
plea to guilty, a decision that reduced his sentence to two years o noncusto-
dial reeducation. Chin, however, reused to renounce his story and because
o his continued denance received two years in prison.
1hese divergent responses to the PMU- 8 scandal, including the backlash
against the ;ournalists who used inormation strategically leaked to the
press, suggest that it has become much harder or the Communist Party
to present a unined position on the nature o the relationship between the
socialist- oriented market economy and the popular view that corruption
is now endemic at all levels o government. 1his inability renects several
important shits, two o which I mention here to conclude my discussion.
Iirst, it has long ceased to be possible or the party/state to spatially
restrict the market rom the social body in the orm o special eco-
positions 20:2 Spring 2012 620
nomic .ones, as was largely the case during the nrst decade o Renovation
(c. 86 6).
6
1his approach has since been replaced with a hybrid one,
which seeks to unleash the entrepreneurial skills and energies o individu-
als, yet contain them at the same time so as to balance the egalitarian ideals
o the revolutionary past with the orms o socioeconomic inequality and
division that have reemerged in the more commerciali.ed present.
68
Close
attention to eorts to manage the contradictions this approach inevitably
creates helps oreground the ways the socialist- oriented market economy has
and, importantly, has not been liberali.ed to date. Private entrepreneurs, or
example, remain heavily dependent upon personal contacts in the public
sector to obtain inormation, capital, contracts, and materials.
6
But more
importantly here, it is clear that the gradual adoption o market mechanisms
over the past two decades cannot be equated with the gradual adoption o
neoliberal values and practices, especially as the latter, when understood as a
mode o governmentality, presupposes particular relationships between the
state, markets, and the individual that at present still have limited purchase
in \ietnam.
0
Second, these same contradictions have increased rather than decreased
the opportunities as well as incentives or government personnel to engage
in practices now legally denned as corrupt. Ior this reason, eorts to
cleanse the party/state to make pure and upright as one theoretician
put it through the periodic purge o corrupt oncials remain important,
i only to visibly assert leadership in the very area that threatens its moral
legitimacy.
J
However, political elites are increasingly willing to augment
these and other socialist audit mechanisms with a range o neoliberal
ones drawn rom the best practices now circulating globally.
!
Since this
supplemental approach is quite recent, it is still too early to assess what long-
term impacts the prolieration o regulatory regimes and the rituals o
verincation that accompany them will have on actual practices or, or that
matter, the kinds o political sub;ectivities anticorruption initiatives may
make possible. Nonetheless, the ongoing reconnguration o who and what is
audited and by whom promises to provide urther opportunities to critically
explore how values and practices ostensibly drawn rom socialist and neo-
liberal models shape and reshape one another in contemporary \ietnam.
MacLean R Enacting Anticorruption 621
Notes
I would like to thank Ann Marie Leshkowich and Christina Schwenkel, they envisioned
this special issue, and their insightul comments greatly improved my contribution toward
it.
. Bhikku Bodhi, 1/- coo-./-1 D.a- / //- Ba11/. + 1.o/./o / //- 3.a,a//. N/.,.
(Boston: Wisdom Publications, .ccc), c. , n. ..
.. Ken MacLean, 1he Rehabilitation o an Uncomortable Past: Remembering the Fveryday
in \ietnam during the Subsidy Period ( 86), H/, .o1 +o//o/, , no.
(.cc8): .8 c.
. John Gillespie, Sel- Interest and Ideology: Bureaucratic Corruption in \ietnam, +.o
L.u fao./ , no. (.cc): 6, Martin Gainsborough, Corruption and the Politics o
Fconomic Decentrali.ation in \ietnam, fao./ / co/-ao., +. , no. (.cc):
6 8.
. Article , Anti- corruption Law, National Assembly o the Socialist Republic o \ietnam,
th Legislature, November ., .cc.
. PM Leads Conerence on Corruption, I-/o.ao-/, December ., .cc, english.vietnam-
net.vn/politics/.cc/./6c8/.
6. Neither the party nor the state can be accurately understood as unined, coherent entities
that think or act like people. Nonetheless, I employ the terms here, including their unortho-
dox combined orm (party/state), as strategic essentialisms since a nuanced discussion o
their internal dierences is not crucial to my argument, except where noted. 1he ocus is
instead upon instances in which institutional unity is privileged over disunity or political
reasons.
. David Stark, Recombinant Property in Fast Furopean Capitalism, in R-/a./ao N-/-
u/ o I/- 3../a, ed. Gernot Grabher and David Stark (Oxord: Oxord University
Press, ), 6.
8. I interviewed more than three do.en proessionals in Hanoi and online during .cc. 1heir
views are summari.ed in the text.
. Catherine McKinley, M-1. .o1 cao/o Hu H. I-/o.a Io/ M-1. c--1 c-
ao/o .o1 Hu c.o c-.- B- 3/-o//-o-1 (Hanoi: United Nations Development Pro-
gram, .cc), 8.
c. 1hese generali.ations are based on my survey o newspapers and ;ournals directly managed
by the Communist Party, state- run media agencies that published investigative reports on
the scandal (e.g., 1a / a//{, L. o L./{, and I-/o.ao-/), and overseas sites (e.g.,
/-oo-/ Ooooo-/{ and BBcI-/o.a--.a). Ior urther methodological discussion, see
Ken MacLean, In Search o Kilometer Zero: Digital Archives, 1echnological Revisionism,
and the Sino- \ietnamese Border, cao../- 3/a1- o 3.-/, .o1 H/, c, no. (.cc8):
8c .
positions 20:2 Spring 2012 622
. Gary Sigley, Chinese Governmentalities: Government, Governance, and the Socialist Mar-
ket Fconomy, L.oa, .o1 3.-/, , no. (.cc6): 8.
.. Akhil Gupta, Blurred Boundaries: 1he Discourse o Corruption, the Culture o Politics,
and the Imagined State, +a-..o L//o// .., no. . (): c., Douglas Holmes
and George Marcus, Iast- Capitalism: Para- Fthnography and the Rise o the Symbolic
Analyst, in Io/- / c.o/./ L//o.o/. R-/-./o o //- N-u L.oa,, ed. Greg
Downey and Melissa Iisher (Durham, NC: Duke University Press, .cc6), .
. Carolyn Nordstrom, Shadows and Sovereigns, 1/-, ca//a- .o1 3.-/, , no. (.ccc):
6, .
. Sren Davidsen et al., Iao/-a-o/./o +-a-o/ / //- +o/- .ao/o L.u Hu I.
H. I-/o.a ca- (Hanoi: Fmbassy o Denmark, .cc8), 8 , Dang Ngoc Dinh, +o/-
.ao/o o I-/o.a 1/- 3/a./o .//- 1u -. / Iao/-a-o/./o / //- L.u (Hanoi:
CFCODFS, .cc8).
. Marilyn Strathern, New Accountabilities, in +a1/ ca//a- +o//o/../ 3/a1- o
+..ao/.///, L//. .o1 //- +..1-a,, ed. Marilyn Strathern (London: Routledge, .cc),
8.
6. Michael Power, 1/- +a1/ 3.-/, R/a./ / I-/../o (Oxord: Oxord University Press,
).
. James Ierguson and Akhil Gupta, Spatiali.ing States: 1oward an Fthnography o Neolib-
eral Governmentality, +a-..o L//o// ., no. (.cc.): 8 cc..
8. Sherry Ortner, Resistance and the Problem o Fthnographic Reusal, cao../- 3/a1-
o 3.-/, .o1 H/, , no. (): .
. Andrew Barry, 1homas Osbourne, and Nikolas Rose, eds., Ia..a// .o1 I//../ R-.o
L/-./a N-//-./a .o1 R./o.//- / C-oa-o/ (Chicago: University o Chicago
Press, 6), 6, Dean Mitchell, C-oa-o/.//, Iu- .o1 Ra/- o M1-o 3.-/,
(London: Sage, ), 8.
.c. Dipesh Chakrabarty, Io../.o Lao- H/../ 1/a// .o1 I/./o./ D//--o.-
(Princeton, NJ: Princeton University Press, .ccc).
.. Donald Nonini, Is China Becoming Neoliberal c/,a- / +o//o/, .8, no. . (.cc):
.
... Andrew Kipnis, Neoliberal Governmentality, Socialist Legacy, or 1echnologies o Govern-
ing +a-..o L//o// , no. . (.cc8): . 8, Daromir Rudnycky;, Spiritual Fcono-
mies: Islam and Neoliberalism in Contemporary Indonesia, ca//a./ +o//o/, ., no.
(.cc): c .
.. L Hu Ngha, 1he 1enth National Party Congress and Awareness o the Path towards
Socialism in \ietnam, N/o 1o (I-o/-), July , .cc6, www.nhandan.com.vn/english/
news/ccc6/domestic_tenth.htm.
.. Michael Burawoy and Katherine \erdery, eds., Io.-/.o 1.o/o L//o.o/- /
c/.o- o //- I/..// I/1 (New York: Rowman and Littleneld, ).
MacLean R Enacting Anticorruption 623
.. Iield notes (.cc, .cc6).
.6. Sigley, Chinese Governmentalities, Kipnis, Neoliberal Governmentality, .8 , Susan
Greenhalgh with Fdwin Winckler, C-oo c/o. Ioa/./o Ia L-oo/ / N-//-
-./ Bo//. (Stanord, CA: Stanord University Press, .cc).
.. Li Zhang and Aihwa Ong, eds., I./.o c/o. 3../a /a +/. (Ithaca, NY: Cornell
University Press, .cc8).
.8. Ior an exception, see Nguyn- v 1hu- hng, 1/- Io- / I--1a 3-s ca//a- .o1 N--
//-./ C-o.o.- o I-/o.a (Seattle: University o Washington Press, .cc8).
.. Shaun Malarney, Culture, \irtue, and Political 1ransormation in Contemporary North-
ern \ietnam, fao./ / +.o 3/a1- 6, no. (): c 8.
c. Dnh 1h Minh 1uyt and Nguyn Dc Mnh, 1ip cn mt s gii php phong, chng
tham nhng (Reaching Some Solutions to Prevent and to Iight Corruption), 1o .//
co o (caaao/ fao./) (.cc).
. Phi xem cng tc kim tra Dng l yu t sng ca Dng (Seeing to the Oncial 1ask
o Inspections Is an Fssential Flement o the Party), 1o .// /a /. (Ioo-./o D-/)
(.cc).
.. Nguyn Dc Bnh, Xy dng Dng ta tht vng mnh (Building a 1ruly Stable and
Strong Party), N/o 1o (I-o/-), Iebruary ., .cc6.
. Dng S Lc, Dy mnh cuc u tranh phong, chng tham nhng (Strengthening the
Iight against Corruption), 1o .// s, 1o Do (Ba/1o //- I./,) (.cc).
. Human Rights Watch, Ra./ Io-/ o I-/o.a (New York: Human Rights Watch, ).
. Dau Hoan Do and SIDA, + 3/a1, o //- Iao/-a-o/./o / C.- R/ D-a...,
fao- fa/, .,,, (Hanoi: SIDA and Government Committee on Organi.ation and Person-
nel, unpublished drat), on nle with author.
6. United Nations Development Program, D--o-oo D-a..., .o1 Io.-.o Ioa/. I.-
/.o./o o I-/o.a (Hanoi: United Nations Development Program, .cc6).
. 1o place these bets in context, the per capita income in \ietnam was US3,c. (.cc8 ng-
ures).
8. Minh Quang, Nhn din con bc Bi 1in Dng (Identiying Bui 1ien Dung the Gam-
bler), 1a / (a//), August , .cc6, tuoitre.vn/Chinh- tri- xa- hoi/Phap- luat/6/
Nhan- dien- con- bac- Bui- 1ien- Dung/C./Ac/C./Ac.html.
. \ietnam Oncial Jailed in PMU- 8 Gambling, Bribery Scandal, 1/.o/ o-o (a//),
August ., .cc.
c. 1ham nhng ang tr thnh chuyn thng ngy (Corruption Is Becoming an Fvery
Day Story ), 1a / (a//), December , .cc, tuoitre.vn/Chinh- tri- Xa- hoi/./
1ham- nhung- dang- tro- thanh- /F./8c/Cchuyen- thuong- ngay/F./8c/D.html.
. 1ransparency International, N./o./ Io/-/, 3,/-a cao/, 3/a1, R-o/ I-/o.a :cco
(Berlin: 1ransparency International, .cc6), .
.. Hi tho v kt qa iu tra tnh hnh tham nhng v chng tham nhng (Conerence
positions 20:2 Spring 2012 624
and Results o the Inspection into the Corruption and Anti- corruption Situation), 1o
o/o (Io--), November c, .cc.
. 1ham nhng ph bin nht lnh vc a chnh nh t (Corruption Is Most Wide-
spread in the Land Administration Once) I/ /. (I-/ D./,), November c, .cc.
. \ng H, c C quan tham nhng ph bin nht (1he 1en Agencies Where Corrup-
tion Is the Most Widespread), L. o (L./), November c, .cc, www.dantri.com.vn/
c./s.c c86c/c co- quan- tham- nhung- pho- bien- nhat.htm.
. Sigley, Chinese Governmentalities, .
6. 1uyn n phin x con bc triu (1he Hearing and Sentence o the Millionaire
Gambler ), BBcI-/o.a--.a, August , .cc, www.bbc.co.uk/vietnamese/vietnam/
story/.cc/c8/cc8c_btdverdict.shtml.
. Oleg Kharkhordin, 1/- c//-./- .o1 //- Io11a./ o Ra. + 3/a1, / I../.- (Berkeley:
University o Caliornia Press, ).
8. See \ietnam 1ransport Minister to Resign over Dereliction o Duty, 1/.o/ o-o April
, .cc6.
. \ Nguyn Gip, Kim im v PMU- 8 v bo co Di Hi X (Counting the Points:
1he PMU- 8 Case and the Report to the 1enth Congress), 1a / (a//), April , .cc6.
c. Ibid.
. Davidsen et al., Iao/-a-o/./o +-a-o/, .
.. Ibid., 8.
. 1hay i trong ban chuyn n PMU- 8 (Changes to the Committee or the PMU- 8
Case), BBcI-/o.a--.a, April 6, .cc6, www.bbc.co.uk/vietnamese/vietnam/story/.cc6/
c/c6cc6_investigation_update.shtml.
. Khi t Bi 1in Dng ti tham (Opening Charges against Bui 1ien Dung on the
Crime o Corruption), BBcI-/o.a--.a, August , .cc, www.bbc.co.uk/vietnamese/
vietnam/story/.cc/c8/cc8_btdung_update.shtml.
. An t cho ng tng PMU- 8 gim mt na (Prison Sentence or PMU- 8 Director
Cut in Hal), INLso-.a, August 6, .cc, www.vnexpress.net/gl/phap- luat/.cc/c8/
b8eb/.
6. Lut S Ng Ngc 1hy: Bi 1in Dng ch chy n ch khng a hi l (Lawyer
Ngo Ngoc 1huy: Bui 1ien Dung Was Only Avoiding a Sentence Not Oering a Bribe ),
1/.o/ o-o, August , .cc, www.thanhnien.com.vn/news/Pages/.cc/.c.8.aspx.
. Cng 1in, \ PMU- 8 v ni bun ngy 1t ca v tng (PMU- 8 Case and a Sad
New Years Day or the General), I1c N-u, Iebruary , .cc.
8. Lng K, personal communication, September ., .cc.
. 1ng Duy and Phng Sng, 1ng gim c PMU- 8: Con bc triu (PMU- 8
Director: 1he Millionaire Gambler), 1o o/o (Io--), January 8, .cc6, www.tien-
phong.vn/Phap- Luat/8/1ong- Giam- doc- PMU8--- Con- bac- trieu- do.html.
6c. Bill Hayton, personal communication, April 6, .cc.
MacLean R Enacting Anticorruption 625
6. Hong Dng, Bo ch \it Nam trc Di Hi X (\ietnamese Dailies beore the
1enth Congress), BBc I/1 3-.-, April , .cc6, www.bbc.co.uk/vietnamese/vietnam/
story/.cc6/c/c6c_vietpress_precongress.shtml.
6.. Davidsen et al., Iao/-a-o/./o +-a-o/, 8.
6. Ibid., 8.
6. Ann Anagnost, 1he Politici.ed Body, in B1, 3a/-./ .o1 Iu- o c/o., ed. 1. Barlow
and A. Zito (Chicago: University o Chicago Press, ), 6.
6. Global Advice Network, \ietnam Country Pronle, Business Anti- corruption Portal,
www.business- anti- corruption.com/country- proiles/east- asia- the- paciic/vietnam/snap
shot/ (accessed January ., .cc8).
66. Article .8, \ietnam Penal Code.
6. Aihwa Ong, Graduated Sovereignty in South- Fast Asia, 1/-, ca//a- .o1 3.-/, ,
no. (.ccc): .
68. MacLean, Rehabilitation, .8 86.
6. Nguyn- v, Io- / I--1a, .
c. Nonini, Is China Becoming Neoliberal .
. 1rng \nh 1rng, 1ng cng lch s lnh o ca Dng, y mnh cuc u tranh
phong, chng tham nhng, lng ph (Strengthening the Historical Leadership o the
Party, Stepping Up the Struggle to Prevent and to Resist Corruption and Wasteul Spend-
ing), 1o .// co o (caaao/ fao./), (.cc).
.. L, 1enth National Congress.