Sunday, January 10, 2016

15 Things about Vietnam #13: Bureaucracy

Vietnamese police enforce the law in slightly . . . irregular ways. Vietnamese bureaucrats, though sometimes nice, have never heard of customer service.

Vietnamese police are widely regarded by foreigners living in Vietnam as a source of annoyance and there's no doubt some of them like to make special trouble for expats, though that of course doesn't stop them being good blokes once they've hung up their jungle green uniforms and brushed off their red epaulettes.

If you stay for a while in Vietnam, the two classic situations you will find yourself getting into with Vietnamese police are as follows:

Situation (a) A Vietnamese traffic cop pulls you over for a minor traffic violation - possibly one which all the Vietnamese driving down the same street are also flagrantly committing. The cop then rubs his thumb against his index and middle fingers or says the word "money" straight up. When you ask him how much he wants, he names a sum that in Western terms is a trifle, but in Vietnamese terms is excessive. The cash you hand over disappears straight into his shirt pocket, after which he waves you on in a testy manner.

(b) Knowing that foreigners in Vietnam are supposed to stay in places that have an official permit, you go down to the local police station with a Vietnamese friend to get yourself put on the local register of foreigners resident in Vietnam. Your friend explains the situation to the local police chief, exuding a sort of matey integrity as he does so. The local police chief looks you and your friend up and down in a very testy manner, hints that something irregular is afoot and in general sounds as if he's ready to have you driven to the Cambodian border and thrown out the back of the vehicle. (In the meantime, you stare at the red communistic banners on the walls, trying to ignore the greasies you're being given by the plainclothes officers sitting around, mainly without clothes, watching tv.) Your friend continues to exude matey integrity. Gradually the tone of the conversation between your friend and the local police chief softens. Forms get handed over and filled out. And an envelope containing an agreed-upon sum passes from your friend into the possession of the local police chief. Everyone pats each other on the back and - off you go.

Obviously we are talking about low-level graft here - something that in Vietnam is, if not rampant, then at least widespread.

Today's entry will give you some basic strategies for dealing with low-level graft in Vietnam.

But, before that, there's the question - why does low-level graft exist in the first place? Foreigners who come from places where governments have taken the issue of graft firmly in hand over the past 20 - 30 years tend to be horrified when they encounter situations like (a) and (b) in Vietnam and some of them jump to the conclusion that graft and the various behaviours associated with it exist because it is somehow ingrained in the Vietnamese (or some sort of general "Asian") psyche. Others will tell you with admirable self-assurance that it has its roots in Vietnam's political system. 

In this writer's view, both explanations are wide of the mark. There is no such thing as "the" Asian psyche. And though the Vietnamese political system plays a part in facilitating graft, it is not the main reason graft exists in the first place.

The most tangible reason graft is a problem in Vietnam (and in plenty of countries with more liberal political systems too) is that Vietnam is still a relatively poor country and because police and state officials are paid a pittance. A simple example: the salary of a low- to mid-ranking member of the police is approximately one third of what is needed to live a modest life in a Vietnamese city. The remaining two-thirds comes from various irregular sources. Graft is expected and, in a lot of cases, quite necessary for survival.

A job in the Vietnamese police is what is technically known as a sinecure. It is not something Vietnamese folk do for the regular wage, but for the unofficial licence it gives them to make money from kickbacks, special fees and paid-for favours. Like most sinecures in other parts of the world, a police sinecure in Vietnam has to be paid for too; it is part of a wider system of sinecures. Thus, to land a moderately lucrative job in the police, prospective recruits have to pay a plum sum amounting to several years' wages to a police official higher up the chain of command. Inevitably, a lot of a junior officer's "extra earnings" over the first few years of service involve recouping the fee he paid for the job in the first place.   

What is sad and annoying for all involved is that a similar system of sinecure-mongering operates within most parts of the Vietnamese government, not just within the police. Throughout Vietnamese society, low salaries call forth a need for extra earnings and a need for extra earnings leads to the extraction of special fees for various para-legal and extra-legal favours.

No doubt everyone involved in the arrangement feels like a victim being sorely pressed by economic necessity.

And no doubt the traffic cops and petty government officials who cause foreigners a hard time are small cogs in the overall machine.

So, as irritated as you might be when 500,000 đồng ($25) of your money disappears into the pockets of the Vietnamese traffic cops of this world, try at least to be angry in a sociologically informed way.

Recall for one that things are much, much better than they were in the quite recent past. 15 years ago there were many parts of Vietnam where Westerners couldn't travel outside of big cities without having their papers checked and their wallets emptied every 10km by local border guards. Nowadays, by contrast, foreigners can go a-lurking pretty much anywhere they want (except in the vicinity of Vietnamese military bases). And they tend to do this rather liberally.

Recall also that ordinary Vietnamese have it much worse than you. Yes, you have to pay steeper "traffic fines" than the locals. And, yes, there are residency permits and visa checks which give a range of officials plenty of scope to extract special fees. On the other hand, you don't have to live your whole life in the grip of the system, like normal Vietnamese people. Before you get hot under the collar about graft in Vietnam, recall what living within the system means for normal Vietnamese. At the most basic level, it means possibly not having access to the law unless you can give Vietnamese police an inducement to investigate a crime that has been committed against you.

But I said at the start of this series that I wasn't going to say anything that might endanger my Vietnamese visa, so maybe let's move on. . .

*

As a Westerner in Vietnam, how to deal with Vietnamese police and Vietnamese bureaucrats, if they demand a kickback? Or just if they are being rude and unhelpful, as some of them are in their own special Vietnamese way.

It is always an option to refuse to pay all kickbacks and I am guessing that some of you will be tempted to stand on principle in this way. This is a course of action I would sternly recommend against for two reasons: firstly, because the man (it's almost invariably a man) demanding the kickback probably has ways of causing you bureaucratic pain which you haven't even thought of; secondly, because corrupt cops and officials in Vietnam almost never act completely outside the scope of the law. What they do instead is this. They present you with the fact that you have broken some bylaw (driving your bike in the car lane, residing at your friend's place even though he doesn't have a special permit, etc), then they offer to fix the situation - for a certain consideration.

The idea of refusing to pay kickbacks is fine in theory, and you definitely shouldn't rush to pay them if you're being asked for a sum in the millions. But recall two things. The first is that you don't know Vietnamese law back the front. (If you want to know more, this piece is a good place to start.) The second is that the man in the green safari suit probably has the law at least half on his side . . .

A much more realistic option when confronted with a situation requiring payment of a kickback is to accept the necessity of kickbacks and work out ways of paying them quickly and effectively.

The key to this strategy is to gather the right people around you; it is Vietnamese friends who will need to instruct you on the essentials - how to pay the kickback, who you need to pay it to, how much is an appropriate sum. The main thing to note here is that there are culturally appropriate and culturally inappropriate ways of paying the kickback. Whether or not you offer to buy the local police chief coffee using the right pronoun, or bring some flowers into the office for his wife - with a little red envelope containing cash fitted into the back of the bouquet - could make or break the deal. The secret is to make the kickback look like a gift you're giving in return for his help and generosity. (And that, in 53% of the guy's mind, is truly what the kickback is.)

In dealing day to day with Vietnamese officials, whose repetitive, low-paid jobs often turn them into fantastically crabbed creatures, your general principle should be to cop the sourness sweet. Raising your voice in English or invoking the high-minded ways of Ho Chi Minh (often inscribed in huge letters on the wall behind the official's desk) will get you exactly nowhere. Play by the rules of higher Vietnamese authority when dealing with the rude or self-important use of petty Vietnamese authority: act as if nothing is happening. In simpler terms, if you're going anywhere near the waiting room of official power in Vietnam, try to avoid looking impatient and frustrated. Bring your MP3 or a book to read.

But above all, before you go anywhere near the waiting room of official power, get organized. Knowing that some Vietnamese authorities will apply the letter of the law so they can squeeze an extra quid out of you, give them as few opportunities as possible to do so by having your papers in order when you arrive. If you want to work in Vietnam, make sure you bring all your paperwork with you from home: copies of your qualifications certified by the institution that issued them, a police check, plus all the details of the places you've lived and worked in the past. Have the same first name, middle name and surname on all those docs, or else the extra-testy guy from the Ministry of Labour will make you go and get a sworn affadavit at the consulate of your home country.

If you want to drive a motorbike in Vietnam, then get an international drivers licence and don't go for a whizz in the car lane just because various Vietnamese revheads are doing it. If you're still worried about being booked by Vietnamese traffic cops, then remember the following:

(a) Don't carry too much cash on you. Vietnamese traffic cops have a habit of demanding all the money they can see you have in your possession.
(b) Pretend you don't understand what they're saying, whatever language they start speaking to you in. If it's Vietnamese, then I'm guessing you won't need to do much pretending. If it's English. . . well, though Vietnamese cops know the word "money", let's just say the expression "There is a fictive problem with your indicator. If you pay me 1 million đồng I will choose not to impound your bike for 10 days" is several grammatical bridges too far for most of them. If you're feeling game, try out a bit of your high school French. That'll make them want to get you off their hands in no time.
(c) Negotiate the fine. Unless you are standing in the road with a big wad of cash in your hand, bargaining a traffic cop down to a "fair" amount ought to be possible. The standard sum they are willing to let normal Vietnamese go for (depending on how flashy their bikes are) is 150,000 đồng ($8). For foreigners - it's at least double. If the sum they demand is in the millions, they obviously take you for a noob. Which is insulting. Fight for your right to bribe them reasonably!
(d) Don't be scared, start crying or threaten to call the consulate. Unless you've done something really stupid or dangerous - and it'd be a serious challenge to do stuff that is more stupid and dangerous than what some Vietnamese boys do on the roads - the man in the bone uniform is not going to impound your bike. His aim, in this situation, is actually quite similar to yours: to get away as quickly as possible - with as much of your money as possible. Just like you, he's not going to want to waste his time writing an official report, transporting your bike to the station, etc.
(e) Don't ask for the ticket. Once the kickback has been paid, consider the whole episode closed. And lastly,
(f) Boys, if a traffic cop tries to hit on your Vietnamese girlfriend, then - put up with it. Vietnamese traffic cops are notorious for using their powers to obtain the phone numbers of pretty girls and some pretty girls are known to give in to their demands. Put it this way, if your girl genuinely likes you, she won't respond to the attentions of a goatish looking individual in a bone-coloured uniform wearing an egg-shaped helmet.

*

In case I'm making it sound as if Vietnamese officialdom is peopled solely by rude, hopelessly embittered individuals working at or beyond the margins of the law, let me add that in my dealings with officialdom over the years, I've come across many, many Vietnamese people who are friendly and consummately polite.

For every Vietnamese official who just grunts when you ask "How many weeks till I can come and collect the paperwork?", there will be several who'll tell you regretfully that the process takes three weeks and then ask what country you're from with unfeigned curiosity.

For every minor functionary who won't grant your simple request on the grounds that he "has to act exactly in accordance with the guidelines" (làm đúng theo quy định), there will be several willing to find another guideline that fits your case or point you towards a loophole in the guidelines.

For every Dickens character who orders you around in a bilious tone, there will be a few - in my case they're always middle aged women or gay men - who smile shyly or start batting their eyelids at you.

For every starched apparatchik whose aim is to turn your life into a nightmare worthy of Kafka, there will be several who know how to open out a distance between impersonal laws and spontaneous human relationships and fill the gap with a melancholy cheerfulness that is distinctively Vietnamese - and distinctively their own.

Once you've experienced all the ups and downs of this treatment for a couple of months - which, by the way, is how long it normally takes to organize a proper Vietnamese work permit - try paying a visit to the consulate of your home country and make a quick comparison between the attitude to customer service within Western and Vietnamese bureaucracies.

If my experiences in the American, British and Australian consulates here are anything to go on, what you'll find is that everything is subtly the same, yet entirely different.

Western bureaucrats have less ways of rhetorically beating round the bush than Vietnamese bureaucrats.

In Western bureaucracy, there are certainly fewer shades of human sadness in play.

No doubt, Western bureaucrats are more consistent, more organized and more predictable in their dealings with the public than their underpaid Vietnamese colleagues.

And the point on which they're most predictable of all is in demanding large sums of money from you straight up.

The stamp of approval you need to get out of the Vietnamese Department of Foreign Affairs might take two weeks and a fair bit of running round. The sum you'll end up forking out will be $10, $20 if there's a kickback involved.  

The stamp you need from the British embassy will take you three-quarters of an hour, but it'll cost you $150, payable by credit card only.

Faced with a choice between Vietnamese graft and Western scams, the former beats the latter hands down in a certain sense . . .

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