I.

Author
Han Fei Zi (Hàn Phi Tử)
 Background: (Around 280 to 233 B.C)
- He was a Chinese philosopher or statesman who lived at the end of the
Warring States period when Qin Shi Huang united China.
- He came from an aristocratic background but had progressive ideas and
high patriotism.
 Point of view:
Humans often have:
1. Fighting for profit
2. Lazy, overfed and then not working
3. Only obey authority
- Han emphasizes laws, administrative technique, authority, and prophecy,
emphasizing that the autocrat will be able to achieve firm control over the
state by mastering his predecessor's methodologies: his position of Power
(Thế); Technique (Thuật), and Law (Pháp).
- Historically, the ancient Chinese doctrine of the rule of law founded by
Han Fei has constantly developed and supplemented to become the main
management theory of the Chinese feudal state.
- This doctrine profoundly influenced the history of Eastern feudal countries,
including Vietnam. As a theory built and perfected based on theoretical
and practical premises, this theory has had a great influence on history.
- Therefore, if we ignore the class content and historical tasks performed by
the rule of law theory, we can find in this theory great values and
experiences in social management, and human management in the current
period of renovation and international integration.
II. Perception
“How to manage people”
Contents of human resource management ideology: Han Phi Tu introduced
three basic concepts in management and governance, which are " Thế " (power),
" Pháp "(law) and “Thuật " (technique). These are the three core issues of
management -governance, closely related to each other, in which "Pháp" is the
most important and decisive factor.
1. “Pháp” (law) and the standard of law.
The key to building a rich and strong country is to rely on the law. If there is a
law, the law is universally and properly enforced, then the society will be stable.
A stable society is an important prerequisite for building a rich and strong
country, making the people peaceful and happy. Han Phi proposed the idea of
ruling the country by law, advocating law without class distinction, unrestricted
punishment of the upper classes. The main content of "Pháp" (law) can be
reduced to two main concepts: reward and punishment. Han Phi believes that
the law needs to consider the following principles:
+ Self-interest: Han Phi believes that the foundation of human-to-human
relations is self-interest, and everyone wants to gain their own benefits.
+ Suit the age: This is the theory of transformation of Han Phi. The practical
principle of law-making, or the practicality of law, is a prominent feature of
Han Phi's thought of the rule of law. For him, there is no metaphysical law or a
priori abstract legal model to follow.
+ Stability and unity: Although the law must be changed to reflect the times, the
established ordinance cannot be changed arbitrarily
+ Suitability with humanity
+ Simple but thorough
+ Prize
For law enforcement, Han Fei's principles are:
+ Improve legal education
+ Strictly follow the principle of "reward and punishment," and do not
arbitrarily reward people who have no merit or kill innocent people for no
reason.
+ Support law enforcement with moral force.
2. “Thuật” (technique) and method of exercising power.
Legalism emphasizes the technique of governing. Because the king's work was
so much that he had to delegate the management of the people to the mandarins,
the king's art was mainly about governing the mandarin, not the people. The
word "Thuật" (technique) of Han Phi Tu includes two aspects: technique and
mind. Technique is a method to recruit, use and test the ability of
mandarins.While, mind magic is to control the courtiers not to let them know
their true thoughts and feelings.Han Phi Tu believes that human nature is self-
interest, so the position and power of the king is the target of many people's
exploitation and gain. Wanting to restrain the self-interested people with high
status, Han Phi Tu divided them into categories to
have different ways of dealing with them: Gentle people, who can take their
loved one’s hostage; the greedy, bribing to avoid treason; the wicked, must
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make affliction by punishment. According to him, with bad people, if they
cannot be converted, they must be eliminated.The basic principle of the art of
using people is the theory "Hình danh". According to this theory, in order to
evaluate people, they must consider whether what they actually did (Hình) and
the name of the job (Danh) match each other. For example, the assignment of
positions needs to be assigned to a small position and then sequentially
promoted, not for concurrent positions, and must clearly assign each person a
position so that they are fully responsible.
3. “Thế” (Power)
Han Phi Tu believes that the king does not need to be "gentle" but rather
“powerful”, that the king must rely on his position and release command,
forcing the mandarins and people to obey. Han Phi Tu prioritized power and
position over talent and virtue. He believes that if you have talent, average
virtue, and power, you can rule the country. Han Phi Tu believes that the
country's prosperity, decline, and chaos are the result of
the country's reward and punishment system. Rewards must be "credible"
(authentic,trustworthy) and respectful, while punishment must be "determined"
and severe.People would see the greedy benefits after the reward; if the
punishment is severe, people will be afraid to avoid it.
Han Phi Tu proposed that the law be strict and fair, and he advised the king and
lord to be impartial and fair when applying the law.
However, he admits that everyone acts in their own self interest, which is the
point of contradiction in his theory
III. Advantages/Disadvantages
1. Advantages:
In the Theory of Governance, many progressive points still hold value today in
building and managing a rule-of-law socialist state.
The concentration of power in the hands of one person ensures unified power
that is not fragmented. Policy activities are implemented consistently without
power struggles between parties.
Valuing the power of the leader, it is believed that "the most important need of a
monarch is power," making it easy to implement and enforce.

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Demonstrating the optimal effectiveness of the law, creating a foundation to
improve the legal system, and establishing new standards to regulate human
behavior and social relationships.
Valuing leadership capacity, encouraging and utilizing it effectively.
2. Disadvantages:
Neglecting human values and monopolizing the law.
Governance is based on unilateralism, monopoly, imposition, and abuse of
power that do not guarantee the interests of the people, leading to dictatorship.
Overemphasizing the law, the theoretical legal system that is emphasized is a
harsh and cruel law, far from today's laws. Humans must serve the law rather
than the law serving humans. On the other hand, although the law is in a
position of supremacy, above the people, it is still under one person (the king),
causing fear in the hearts of the people. War is an important factor in
governance. Legal professionals focus only on administration, law, and how to
make the nation prosperous, rather than valuing the education of the people,
disregarding the desires of the people, and protecting the rich and the nobility.
The relationship between the ruler and the ruled is a one-way relationship with
conflicts.
The perception of the essence of human beings in society is a pragmatic view;
the nature of human beings is evil, only seeing humans from a selfish
perspective, even to the state. Everything is focused on pragmatism without
seeing the high and beautiful ideals and being willing to sacrifice for those
ideals of people with conscience and virtue.
The absolutization of the law in its specific manifestations, without recognizing
the existence of other combined tools for governance, for example, combining
with moral governance.
The theory of the theoretical legal system cannot be fully realized when society
is still organized in a dictatorial manner, with no punishment applied to the king
and the emperor. Therefore, it is also impossible to find a mechanism to compel
the king to prevent disasters in advance.
Power is everything; the king must hold onto power and not share it with others.
When the superior loses power, the subordinates will abuse it a hundredfold.
This is the meaning of the advocate of dictatorship, emphasizing power as the
truth; having power means having everything.

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In foreign policy, only self-interest is considered, without considering common
development.
IV. Sector and Organization
ENTERPRISES APPLY THE RULE OF RULE IN GOVERNANCE
The model of governance under the rule of law is a high-speed train. Once a
good track is built, the train will run well and go far.
A typical example of this model is MOBILE WORLD. According to Mr.
Nguyen Duc Tai - Chairman of Mobile World, during the process of
establishing corporate governance, he did not understand what Human Rule was
and did not have money to invest in technology to develop Technocracy, so the
Rule of Law was used. Many times since Mobile World was still on a very
small scale, mainly managed according to procedures, rules and reward and
punishment policies.