Customary law of the lach ethnic group in Lac Duong district, Lam Dong province and it's influence on modern life

VIETNAM NATIONAL UNIVERSITY, HANOI
INSTITUTE OF VIETNAMESE STUDIES
AND DEVELOPMENT SCIENCES





CAO THI THANH TAM


CUSTOMARY LAW OF THE LACH PEOPLE IN
LAC DUONG DISTRICT, LAM DONG PROVINCE
AND IT’S INFLUENCE ON MODERN LIFE


Major: Vietnamese Studies
Code: 60.31.60



MASTER THESIS SUMMARY





Hanoi, 2012

The thesis was completed in:
Institute of Vietnamese studies and development sciences

Vietnam national university, Hanoi


Scientific instructor: Assoc.Prof.Dr. Lam Ba Nam


Reader 1:

Reader 2:



The thesis will be defended in the meeting of Thesis Council at the
Institute of Vietnamese studies and development sciences, Vietnam
national university, Hanoi
At …… o’clock on the date of……: Month………….: Year: 2012


The thesis can be found at:
Library and Information Center, Vietnam national University, Hanoi




Thesis-related publications:
1. Cao Thi Thanh Tam, Some thoughts from weddings ritual
among Co ho Lach group (Lam Dong), Social sciences of
the central region review, No. 01, 2012, page 72 – 78.

TABLE OF CONTENTS

INTRODUCTION 4
1. Reasons for research topic selection 4
2. Purpose of the research Error! Bookmark not defined.
3. Subject and scope of the research Error! Bookmark not defined.
4. Research methods Error! Bookmark not defined.
5. Contribution of the thesis Error! Bookmark not defined.
6. Thesis outline Error! Bookmark not defined.
CHAPTER 1. BACKGROUND, LITERATURE
REVIEW, OVERVIEW ON THE RESEARCH
LOCATION AND LACH ETHNIC
GROUP Error! Bookmark not defined.

1.1. Background Error! Bookmark not defined.
1.1.1. Definition of Customary law Error! Bookmark not defined.
1.1.2. Origins and basis of Lach customary law Error! Bookmark not defined.
1.2. Literature review Error! Bookmark not defined.
1.3. Overview on the research location Error! Bookmark not defined.
1.3.1. Natural conditions Error! Bookmark not defined.
1.3.2. Founding history Error! Bookmark not defined.
1.4. Typical feature of Lach group Error! Bookmark not defined.
1.4.1. Names, origin, residential history and
population facts Error! Bookmark not defined.
1.4.2. Economic features Error! Bookmark not defined.
1.4.3. Belief and religion features Error! Bookmark not defined.
1.4.4. The traditional social organizations Error! Bookmark not defined.
1.5. Sub-conclusion of Chapter 1 Error! Bookmark not defined.

CHAPTER 2. CUSTOMARY LAW OF THE LACH
ETHNIC GROUP IN LAC DUONG
DISTRICT, LAM DONG PROVINCE Error! Bookmark not defined.
2.1. Forms of the Lach customary law Error! Bookmark not defined.
2.2. Content of the Lach customary law Error! Bookmark not defined.
2.2.1. Ways of trial and punishments in the Lach
customary law Error! Bookmark not defined.
2.2.1.1. Ways of trial in the Lach customary law Error! Bookmark not defined.
2.2.1.2. Punishments in the Lach customary law Error! Bookmark not defined.
2.2.2. Customary law of the Lach ethnic group and
some contents related to life Error! Bookmark not defined.
2.2.2.1. “Norms” of Lach customary law as to
people's behavior toward natural environment Error! Bookmark not defined.
2.2.2.2. The Lach customary law and community
institutions Error! Bookmark not defined.

2.2.2.3. The Lach customary law on marriage and
family Error! Bookmark not defined.
2.2.2.4. The Lach customary law on ownership and
inheritance of property Error! Bookmark not defined.
2.2.2.5. The Lach customary law on civil disputes Error! Bookmark not defined.
2.3. Comparison of the Lach customary law with that
of other ethnic groups in other places in Lam Dong
province Error! Bookmark not defined.
2.3.1. Similarities Error! Bookmark not defined.
2.3.2. Differences Error! Bookmark not defined.
2.4. Sub-conclusion of Chapter 2 Error! Bookmark not defined.
CHAPTER 3. EFFECTS OF THE LACH
CUSTOMARY LAW IN LAC DUONG DISTRICT,
LAM DONG PROVINCE ON MODERN LIFE Error! Bookmark not defined.
3.1. Changes of the Lach customary law in Lac
Duong district, Lam Dong province on modern life Error! Bookmark not defined.
3.1.1. Causes of changes Error! Bookmark not defined.
3.1.2. Changes of Lach customary law in Lac
Duong district, Lam Dong province on modern life Error! Bookmark not defined.
3.2. Role and disadvantage of the Lach customary
law in Lac Duong district, Lam Dong province on
modern life Error! Bookmark not defined.
3.2.1. Role Error! Bookmark not defined.
3.2.2. Disadvantage Error! Bookmark not defined.
3.3. Sub-conclusion of Chapter 3 Error! Bookmark not defined.
CONCLUSION Error! Bookmark not defined.
REFERENCES Error! Bookmark not defined.
ANNEX…………………………………………………………
.……….110

INTRODUCTION
1. Reasons for research topic selection
Lach people is one of the local ethnic group of Co ho ethnic
goup. This is one of the local group contains many typical cultural
values, including customary law (N’ri). Oral customary law,
generated in an undifferentiated society in term of class,
sophisticatedly influenced by matriarchy, though it had never been
recorded in any document, just as any other ethnic group in Truong
Son – High Land area, sustain an incredibly latent and powerful
vitality in present life. However, the modern life in the globalization
is currently penetrating in every corner even a distant area has
brought not only benefits but also negative impacts, says, the collapse
of traditionally cultural values. Amongst those values, customary law
of Vietnamese minor ethnic groups in general and those of Lach
people in particular are also in the threat of fade. From the reality, we
select “Customary law of the Lach people in Lac Duong district,
Lam Dong province and it's influence on modern life” as the
research topic for our graduation thesis of Vietnamese study major.
Hopefully, via the interdisciplinary and multidisciplinary approaches,
this thesis shall restore, at the best possibility, a real picture of Lach
people’s customary law for the purpose of preserving one of the
traditional cultural values of Lach people in front of the fading threat.
2. Purpose of the research
Research this topic, we would like to introduce, at our best

knowledge, the customary law of Lach people in every expressing
forms and contents.
Besides, via analysis of the law, we also wish to discover roles
and limitations of Lach people’s traditional customary law in the
present life in order to identify the advantages to encourage as well as
the restrictions to be dismissed.
On the other hands, because the customary law exists in the
oral forms (which face the threat of loss), we would list what
currently survives, what has been changed and lost and as well
propose some personal opinions to preserve and develop the positive
values of the Lach customary law for the sustainability of one
traditional culture of Lach people.
3. Subject and scope of the research
Research subject: The research subject is Lach group
belonging to Co ho ethnic group.
Research spatial scale: The research will be mainly carried out
in Lac Duong District where Lach group mainly resides; special
attention will be paid to Lat commune and Lac Duong Town.
Research chronological scale: The research content is limited
in the period from 1975 to present
4. Research methods
Research on this topic, we use the method: synthesis - analysis,
practical fieldwork, comparison – compare, etc.
5. Contribution of the thesis
The research shall provide precise information of scientific
values, which can be used as a reference in study and teaching issues
related to minor ethnic groups.
Via some proposal and suggestion of the topic, hopefully, the
author can help the local authority in making suitable policies to
preserve and develop the cultural values of Co ho people customary

law in general and that of Lach people in particular.
6. Thesis outline
Besides the Introduction, Conclusion, Reference and
Appendices, the thesis focuses on resolutions of the issues in 03
chapters:
Chapter 1: Background, literature review, overview on the
research location and Lach people
Chapter 2: The customary law of Lach people in Lac Duong
district, Lam Dong province
Chapter 3: Effects of the Lach customary law in Lac Duong
district – Lam Dong province on modern life.
CHAPTER 1
BACKGROUND, LITERATURE REVIEW AND OVERVIEW
ON THE RESEARCH LOCATION AND LACH PEOPLE
1.1. Background
1.1.1. Definition of customary law
Discussing on definition of customary law, there are many
different ideas, such as: According to Prof., Ph.D. Ngo Duc Thinh,
customary law is a unique form of folk knowledge, including
unwritten social standards and conventions (and in some cases,
written such as Thai’s customary law, Viet’s village rules), forming
in the long history of each community via the behavioral experiences
to natural and social environment, transferred from one generation to
the other by oral communication in order to instruct, adjust and
stabilize the social relationships (among individuals, between
individual and community and between one community with the
others). It is accepted by the entire community, creating unity and
conservative structure of each community.

+ Structure, functions and classifications of customary law

The structure of customary law is fairly simple, including two
main parts namely criminal hypothesis and penalty framework.
Customary law plays a vital role of society managing and
controlling instrument; or in other words, instructing, adjusting,
stabilizing the social relationships (among individuals, between
individual and community and between one community with the
other) in order to enhance and integrate members in the village and
hamlet, providing the basis for a harmonic, humane, supportive
shared life for a development of human’s dignity.
There are two ways to classify customary laws. One is based
on the existing form of the customary laws and the other is pertaining
to the level of development of customary laws.
+ Relationship between customary law and customs,
convention and law
Discussing on customary law, it is required to mention to the
relationship between customary law and custom and law. Customary
law carries the characters of law (stipulation on criminal behavior,
crimes, evident, justice and penalties, etc.). On the other hand, it is
figured with the characters of customs (conventions and ethic advice
to instruct people’s behaviors, create public opinion to adjust
people’s behaviors). Therefore, customary law is an early form of
pre-law. Due to the vague border between these two forms,
distinguishing can only be made relatively.
1.1.2. Origins and basis of the Lach customary law
+ Origins
Similar to some mono ethnic groups, Lach customary law is
formed spontaneously, standardized and widely recognized in the
community via the relationship and cultural life style of the residents.
Lach customary law was formed and tempered from the cultural and
humane values of Lach community during their process of

discovering and conquering nature together with living, resisting and
surviving experiences. Moreover, a part of customary law was also
quoted from epic (related to the concept that Ndu genie created the
sky and the earth), combining the customs and routines in daily life,
maintained and spreaded by the words of mouth form thousands of
years ago of the native resident of Truong Son – High Land in
general and Lach people in particular.
1.2. Literature review
Referring to the culture of Lach people (Co ho ethnic group)
there is a lot of work to be announced. Significantly such as “Ethnic
issues in Lam Dong” (1983) edited by Ass. Prof. Ph.D. Mac Duong,
“Lat people in Da Lat” by Nguyen Hong Nhat, “Da Lat – The
Highland city” by Truong Tro (editor), “Co ho Ethnic group in
Vietnam” (2003) by Ph.D. Bui Minh Dao; and the “Co ho People in
Lam Dong” (2005) edited by Phan Ngoc Chien, “Some cultural
characters of the minor ethnic groups in High Land in Lam Dong”
(2005) by various authors, published by the Lam Dong Department
of Culture, etc. brought the readers much valuable data on the picture
of traditional culture of Lach people on various aspect such as
history, economic practice, religion, ect.
About customary law of Lach people, significantly such as
“Comprehend customary law of the the ethnic groups in Southern
Highland” edited by Prof. Ph.D Ngo Duc Thinh and “K’ho Lach
Customary law” (2010) by Krajan Plin. Nonetheless, there is no
comprehensive, systematic and specific study on Lach’s customary
law. Therefore, with “Customary law of Lach people in Lac Duong
district, Lam Dong province and it’s influence on modern life”, we
wish to introduce our knowledge on Lach’s customary law based on
collection and analysis of the related contents to Lach’s people in this
area and simultaneously, the changes under the effects of the market

economics and the cultural exchange and integration amongst the
nations.
1.3. Overview on the research location
1.3.1. Natural conditions
Lac Duong is a mountainous district located in the North of
Lam Dong province, which is 12 km far from Dalat center. The
natural area of the entire district is 130,963.04 hectare. Lac Duong
possesses complicated ground features with 3 major terrains: high
mountains, medium to low hill and valley. There are two clear
seasons in a year: Rain season and dry season.
1.3.2. Founding history
In 1899, present Lac Duong belonged to Dong Nai Thuong.
Undergoing many historical ups and downs, currently Lac Duong
district consists of 6 administrative units, in which there are 5
communes of Lat, Da Sar, Da Nhim, Da Chais, Dung K’No and Lac
Duong town.
1.3.3 Demographic features and religious spiritual life
+ Demographic features
Before XX, Lac Duong had been a deserted mountainous area
where few minor ethnic people resided in village unit. Currently,
total population of Lac Duong district is 19,298 with population
density of 15 people/km, including Kinh group and other 19 minor
ethnic groups most of which are Co ho people.
In Lac Duong district, people follow 3 main religion, namely
Buddhism, Catholism and Protestant.
1.4. Typical feature of Lach group
1.4.1. Names, origin, residential history and population facts
Lach people have many different names such as Làc, Lạt,
M'Lates. Discussing on the origin of Lach people, there are two
hypotheses. The fisrt one indicated that this group and other local

groups of Co ho tribe such as Sre, Co Don, Cil, Nop, etc.) are parts of
M’nong residents at South Daklak. The second hypothsis that Lach
and Cil people are Lac Viet people, fleeing from Northern reign,
staying too far from their fatherland without any contact and finally
becoming minor ethnic group. The above hypotheses weren’t based
on any reliable facts, which need further study.
About residential history of Lach people, before 20
th
century,
Lach people often lived in the area surrounding Dalat city.
Undergoing many historical ups and downs, at present, Lach people
chiefly live in Lat commune and Lac Duong town (Lac Duong
district) and others live in Ta Nung commune, Măng Lin hamlet
(Ward VII) in Dalat city, Tan Van commune (Lam Ha district), Hiep
An commune (Duc Trong district) in Lam Dong province.
The Lach’s population is 4.371 people and 1.6 times higher
than that in 1993.
1.4.2. Economic features
The traditional economy of the Lach people is the self-
sufficient economy and water-rice cultivation is considered as the
main economy. In addition, activities of breading, hunting, gathering,
traditional handicrafts, trading exchanges still play an important role
in their lives.
1.4.3. Belief and religion features
The Lach people's traditional beliefs are polytheistic based on
the concept of "animism".
In the years of 1928 - 1929, the American pastor put the first
basis for propagating Protestantism in the residential area of the Co
ho in Lam Dong province. Since 1954 onwards, Protestantism widely
developed in the Lach's residential areas. In addition, until the years

of 1952 - 1953, Catholicism entered into the Lach's community.
Today, most people in Lac Duong district follow two these religions.
1.4.4. The traditional social organizations
The traditional social organization of the Lach people was a
primitive neighboring commune. Female line played an important
role in managing and running family works, which was the popular
feature of the Lach matriarchal society in particular, as well as other
ethnic minorities in Truong Son - Western Highlands in general.
CHAPTER 2
CUSTOMARY LAW OF THE LACH PEOPLE IN LAC
DUONG DISTRICT - LAM DONG PROVINCE
2.1. Forms of the Lach customary law
In terms of form, customary law of Lach people exist through
passing down orally without being documented. They are singings,
prose or verse passed-down orally and handed down from through
generations. By the nature of the Western Highlands residents - who
have a habit of thinking and expressing by the specific images, the
Lach people like using things to refer to Man. They borrowed such
familiar images as grasses, flowers, birds to express the legal
concepts. In addition, Lach customary law in particular and the same
of other ethnic groups in general have a great number of articles of
law with various length, some are tens of sentences while others are
only 3 - 4 sentences.
2.2. Content of the Lach customary law
2.2.1. Ways of trial and punishments in theLach customary
law
2.2.1.1. Ways of trial in the Lach customary law
In the Lach people's community, when a member breaks the
provisions of customary law, a board of "customary court" is
immediately established. Members who participate in the trial

include: Kuang bon and board of village patriarchs (who are
prestigious and play an advisory role for Kuang bon) and witnesses
(if any). In addition, the line head, maternal uncle, relatives of both
families (plaintiff and defendant), and the other members in the
village shall also attend to the trial. The trial usually takes place in
the victim's house. The trial time shall be fixed and noticed a few
days in advance so that members can arrange their work.
Although Lach customary law were for the main purpose of
conciliation, deterrence, creating public opinions to correct the
behaviors, the provisions of sin and punishments also appeared such
as warning punishment, punishment of compensation, the penalty of
expulsion from the village, etc.
2.2.2. Customary law of Lach people and some contents
related to life
2.2.2.1. “Norms” of the Lach customary law as to people's
behavior toward natural environment
The Lach people, forests, lands and water resources are
invaluable assets with survival meaning for the people, so, in the old
days, people set out regulations to protect these very precious natural
resources. Therefore, if someone who dares to cut down trees of the
old forest or polluting the water resources shall be strongly punished.
2.2.2.2. The Lach customary law and community institutions
Referring to clan, the clan master plays a very important role.
He decide critical events in the wife’s clan such as asset division,
dicision on marriage, sales or transfer of land, etc. Besides, the Lach
customary law also refer to rights and obligations of members in the
clan.
Referring to village, the Lach’s older have important role in
village management. He represents the villagers to undertake
important tasks such as tackling of work, judging cases in the village,

land division, and guest reception, etc. Morover, the Lach customary
law pays attention about the relationship between members of the
community. The customary law encourages people in the village to
support and assist each other. Therefore, if any actions prejudice of
the community such as failing to obey the law or inciting others to
disobey, dragging the villagers to do something without informing to
the older and the owner, etc considered offences and shall be
punished consequently.
2.2.2.3. The Lach customary law on marriage and family
Review the "terms" of Lach customary law, can be seen that
basically the traditional marriage practices in the ethnic group under
matriarchy is settled residing in the Central Highlands, including the
provisions relating to conditions of marriage as marital regime
foreign national, married a wife, a husband and wife marriage parties
resides. Therefore, if someone violates the above principles, shall be
strongly punished, particularly incest, adultery.
Acoording to Lach customary law, the bride’s family have to
give a consensus on gifts to the groom’s family (pơnđap/pơjền) with
the implication that the groom’s family has raised and cared for him
to adulthood. These gifts are buffalo, antique jar, antique gong,
blanket, dress, etc.
The marriage rites of Lach people often have four main steps:
house visit ceremony (Tơng gết trơsh tơ hiu nhã), engagement
ceremony (Lọt hoang bô), small wedding (Tơm-bô- ét) and large
wedding (Tơm-bô- đờn).
Referring to family, the Lach customary law firstly mention to
norms in spouse relationships, relationships between parents and
children and vice versa, between brothers and sisters in the family.
After becoming spouses, the Lach customary law provides that the
couple must love each other and must be absolutely faithful. The

Lach customary law stipulate that parents bring up and educate
children on their duty; in contrast, when growing up, children are
responsible for obeying their parents and care for them later; siblings
to love and help each other. Moreover, the Lach customary law pays
much attention to role of grandmother’s younger brother.
2.2.2.4. The Lach customary law on property ownership and
inheritance
Public property, according to rules, like forest land, water
resources, paths, etc., belong to public ownership. These are
properties used by all villagers so customary law prohibit actions
such as business or exchange of public properties.
For private properties, according to customary law of Lach
people, girls were always valued above boys. Therefore, when the
property is divided, men, although, are a main labor force making the
wealth, they own no any property according to the custom. The
youngest daughter was always entitled to more assets than others,
because in the Lach’s opinion, the youngest daughter who will be
responsible for caring parents will take the position of her family
manager when she dies and takes charge of funeral expense payment
and grave maintenance.
In case of divorce, according to the customary law, the person
who asks for divorce first has to compensate for the other. Therefore,
if the husband sues for divorce first, he not only must bear all costs of
compensation for honor of his wife and her family, but also return his
parents’ home with empty hands. If the wife asks for divorce first, the
family’s property will belong to the husband. Neverthless if the
husband marries another girl, the property shall belong to their
children.
Where the wife unfortunately predeceases the husband has to
return his parents’ home and leave the property to their children. In

case the husband predeceases, a part of the property shall be given to
the mother’s relative of the deceased.
2.2.2.5. The Lach customary law on civil disputes
For cases of land disputes or conflict, friction. Acording to
customary law, all violations will make a peace ceremory. The
offerings usually include a chicken and a small wine jar, after this
ceremony, the conflict is deemd to be removed. For murder cases, the
customary law shall consider whether intentional or unintentional
offense causing the murder. In case of intentional offense, the person
provoking war first shall compensate 30 or more buffaloes to
victim’s family. In case of unintentional offense, the customary law
shall halve penalty, i.e the person picking a quarrel first shall
compensate 15 buffaloes to victim’s family. In addition, the offender
is also responsible for the funeral of the victim. Without the buffalo,
the offender can pay a fine of small jar or gong with the equivalent
value.
For offenses of theft or deliberate destruction of property of
another person, or borrowing things of other person without
returning, under the customary law, for these offences, the offencer
shall compensate property and bear the cost of a ceremony of
reconciliation.
In the opinion of Lach people, “ma lai” (a kind of ghost with
the head out of the body eating guts of the dead or animals) are those
who do harm to the fate of others, even cause epidemics, death for
the whole village. Therefore, if someone is suspected as a “ma lai”,
he/she will suffer heavy consequences, even shall be killed by
villagers.
2.3. Comparison of the Lach customary law with that of other
ethinic groups in other places in Lam Dong
2.3.1. Similarities

In terms of the form of customary law, the four customary law
of ethinic minorities are expressed in the rhymes, borrowing natural
images such as plants, flowers, birds to talk about human behavior in
relationships. Although the structures of such customary law are
different, it has the same characters - it is the collective feature of
customary law.
Many articles of customary law of native ethnic minorities in
Lam Dong have features as the sum of production experience of the
people. The form of customary law, there are provisions for applied
offenses and punishments. The purpose of such punishments is to
deter the criminals, and toward a stable society.
2.3.2. Differences
Besides similarities, the customary law of the Lach, Ma, Chu
ru and Raglai also have differences. The most obvious difference is
the punishment for offenders. Depending on the customary law of
each minority, there are different punishments. Example is incest:
The Lach customary law force that the two generations related to
incest must bear all expenses for the sacrificial ceremony, sorry the
gods and village, even criminals can be expelled from the village. As
for Ma customary law, when occurring an incest in the village, the
village must avoid everything bad within fourteen days.
Compensation for the village by two violated people is: a buffalo, a
goat, a duck, a pig. For Chu Ru customary law, if there is an
occurrence of incest, villagers will seize, tie up and put violated
people into a basket and drop into the river. For Raglai customary
law, such two offenderers will be locked into a pigpen in which pig
food is available. Villagers will use rod to fight and drive two
offenders to pigpen and make them eat pig food; after that they must
worship the heaven and earth for forgiveness.
In summary, besides the similarities with the customary law of

ethnic minorities in Lam Dong province, Lach customary law also
contains distinct characters. They are shown clearly in punishment
methods to offenders. This shows typical features in the culture of
each ethnic minority, contributing to diversify the traditional cultures
of Vietnam in general.

CHAPTER 3
EFFECTS OF THE LACH CUSTOMARY LAW
ON MODERN LIFE
3.1. Changes of the Lach customary law in Lac Duong district,
Lam Dong province on modern life
3.1.1. Causes of changes
There are many different reasons to chang the appearance of
the Lach people due to material and spiritual life, including
customary law. Firstly, it is the historical change, especially French
colonial policies when French carried out the invasion in the Central
Highlands. Secondly, under the U.S invasion, new religions derived
from the West, particularly Catholicism, Protestantism were
introduced into Lach people community. Thirdly, there was the
appearance of the Vietnamese people who settled with local people
here. Fourthly, after the complete liberation of the Southern, a
process of changes of politics – economy – sociality happened in
Highlands in general and Lam Dong province in particular. This
important factor changed Lach customary law dramatically. Finally,
it is the issue of Law on Marriage and Family for ethnic minorities
dated on 09 June 2000 and Decree of Government (No. 32/2002/ND-
CP) dated on 27 March 2002 on Prescribing the application of Law
on Marriage and Family for ethnic minorities.
3.1.2 Changes of the Lach customary law in Lac Duong
district, Lam Dong province on modern life.

First of all, judgement and punishment in Lach customary law
nowadays are changed more or less. Currently, Lach people still
apply traditional judgement but the chairman of judgement is not
necessary to be village patriarch but may be a quailified or
prestigious person. In the past, according to the customary law,
everybody in the village presents to witness the judgement but
nowadays assigning a representative of family to joint. About
punishments for offenders, if the offense is serious case, it will be
fined under law. In the past violators had to implement the apology
formality for Gods, now it is removed. The violators only have to
make a ceremony to invite members and relations participating in the
judgement and must compensate to victim as per agreement.
To natural environment, at present, the Government has issued
and given information about forest protection provisions and people
are conscious to obey, so the previous forest protection provisions are
not applied anymore.
Nowadays, in community management of Lach society, apart
from the owner of the village, new positions such as head of village,
pastor, board of security, board of commune’s public security, etc.
have appeared in the board of patriarchs. Althought, role of the
village owner is more or less replaced by the local government levels,
but it is not reason that local government levels can replace the
“respectful owner of village” of the Lach people.
On marriage and family: Firstly, it changes in marriage
priciples such as marriage with uncle and aunt’s son/daughter
situation is removed and marriage to other village, other ethnic group
is much open. Currently, Lach girl and boy is free to love, understand
each other leading to marriage. Marriage age of Lach people
increases remarkably compared with the previous years. Normally,
marriage age average for female from 18 to 20 years old and from 23

to 24 years old for male. Prior to wedding, they must inform to head
of village, Lach boys and girls go to Commune People’s Committee
to register marriage as regulated. The custom of askings for gifts in
wedding is existed and all offerings in the past are converted into
money and gold. According to our survey, level of “asking for
offering” depends on the situation of family, typically from 10 to 20
millions VND for uneducated men and from 50 to 60 millions VND
or more for well-educated men. Morover, ceremonies in marriage had
a lot of changes. Currently, Lach’s wedding consists of traditional
engagement ceremony (lọt lúp) and large wedding (tơm pô đờn). The
visit ritual and small wedding are cut. For wedding format, Lach
people’s wedding is similar with Kinh people’s such as using
wedding modern clothes, using videomakers, photographer, and
soiree dishes. However, in the present wedding of the Kinh people,
it appears may problems especially modernized commercial in “Sell
banquet for money”.
Along with marriage, Lach families in Lac Duong district also
have many altering. Firstly, the scale of matriarchy form is more and
more narrowed and its stability is also broken. The relationships in
Lach family have a few changes, especially husband’s role in the
family is considered more positive.
In case of asset division for children in the family, Lach people
have paid little attention to the son although when dividing property,
the parents give priority to daughter; the son is only divided small
part. Asset division after divorce is implemented under legal law but
the children lives with the mother, the father have liable to provide
finance the wife to bring up their children. Morover, in case the wife
passed away earlier, the husband does not need to return his parents’
house but stay in his own house to take care and educate children.
For civil disputes, the customary law’ influences are narrowed.

Other important aspects of life such as land, forest ownership
disputes or settlement of criminal cases such as asset stealing,
murder, etc. are basically transferred to law agents to resolve. The
effects of the customary law are limited in small disputes, mainly
handled by community’s conciliation.
3.2. Role and disadvantage of the Lach customary law in Lac
Duong district, Lam Dong province on modern life
3.2.1. Role
Today, Lach customary law in Lac Duong district have a great
progressive points in the various fields including natural resource
exploitation and protection, marriage and family, social relationship
regulation and settlement as well. Lach customary law to adjust
behaviors and actions of human, guide everyone to follow life
standard such as not making sin and separating goods or bads, rights
or wrongs. Together with laws, the customary law play the role of
contributing to regulate social relationships, maintain and stabilize
social order and ensure the community to exist and develop.
3.2.2. Disadvantage
The customary law is the product of the closedly tradional
society with self-managed characteristics; therefore, when it is put
into morden social conditions, many customary laws are out of date,
unsuitable or even negative such as wedding-presents exaction,
funeral, gender inequality, etc. that need to be adjusted or removed
from the modern life.