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 ETHNIC GROUP
IN LAC DUONG DISTRICT, LAM DONG PROVINCE AND
IT’S INFLUENCE ON MODERN LIFE



MAJOR THESIS OF VIETNAMESE STUDIES
CODE: 60 31 60


Supervisor: Assoc.Prof.Dr. Lam Ba Nam




Hanoi, 2012

UNDERTAKING

I hereby undertake the topic of dissertation is the result of my personal
research. The materials of others have been quoted origin clearly.
I take full responsibility for this undertaking.



AUTHOR



Cao Thi Thanh Tam

ACKNOWLEDGEMENT


To complete this thesis, we would like to express our gratitude to the
teachers of Vietnam National University, Hanoi in general, the Institute of
Vietnamese studies and Development Sciences in particular, have taught and
supported dedicatedly for us during the 2009 -2011 academic courses.
We especially would like to thank to Assoc.Prof.Dr. Lam Ba Nam -
teacher directly guided me during implementing this thesis.
We would like to thank the people in Lac Duong district - Lam Dong
province, who have provided us with valuable real material during the actual
fieldwork. At the same time, we also thank to aunts and uncles of the People's
Committee of Lac Duong district haved provided us with data and
information to illustrate the subject.
We sincerely thank aunts and uncles, belonging to:
-The Resource Center of the Institute of Vietnamese studies and
Development sciences
- Hanoi National Library, the Library of Dalat University
- Cultural and Information Department of Lam Dong, the Library of

Lam Dong province
Have created favorable conditions for us in collecting and researching
materials to complete the dissertation.
On this occasion, we also would like to express gratitude for family,
friends - who encourage, motivate and help us during the learning process
and completing this thesis.
Sincere thanks!
Hanoi, 2012
AUTHOR

1




LIST OF ACRONYMS


No.
ACRONYM
1
Assoc.Prof  Associate Professor
2
MA  Master
3
Pg  page

2

LIST OF TABLES


No.
TABLE NAME

SOURCE

1.1

Population in terms of ethnic group and

gender dated on April 1, 2009 of Lac
Duong district.


Statistic Office of Lam
Dong province
1.2
Statistics of religious association in Lac
Duong district in 2010


General Council of Lac
Duong People’s
Committee

1.3

Lach people in Lam Dong province as of
April 15,2011

Public Security of Lac
Duong town, Lat
commune, Head of
Mang Lin, K’ren and
Tan Lin hamlets

3

TABLE OF CONTENTS

INTRODUCTION 4
1. Reasons for research topic selection 4
2. Purpose of the research 8
3. Subject and scope of the research 8
4. Research methods 9
5. Contribution of the thesis 10
6. Thesis outline 11
CHAPTER 1. BACKGROUND, LITERATURE REVIEW,
OVERVIEW ON THE RESEARCH LOCATION AND
LACH ETHNIC GROUP 12
1.1. Background 12
1.1.1. Definition of Customary law 12
1.1.2. Origins and basis of Lach customary law 16
1.2. Literature review 18
1.3. Overview on the research location 22
1.3.1. Natural conditions 22
1.3.2. Founding history 24
1.4. Typical feature of Lach group 27
1.4.1. Names, origin, residential history and population facts 27
1.4.2. Economic features 31

1.4.3. Belief and religion features 32
1.4.4. The traditional social organizations 33
1.5. Sub-conclusion of Chapter 1 35


4

CHAPTER 2. CUSTOMARY LAW OF THE LACH ETHNIC GROUP
IN LAC DUONG DISTRICT, LAM DONG PROVINCE 37
2.1. Forms of the Lach customary law 38
2.2. Content of the Lach customary law 40
2.2.1. Ways of trial and punishments in the Lach customary law 40
2.2.1.1. Ways of trial in the Lach customary law 40
2.2.1.2. Punishments in the Lach customary law 41
2.2.2. Customary law of the Lach ethnic group and some contents related
to life 43
2.2.2.1. “Norms” of Lach customary law as to people's behavior toward
natural environment 43
2.2.2.2. The Lach customary law and community institutions 46
2.2.2.3. The Lach customary law on marriage and family 50
2.2.2.4. The Lach customary law on ownership and inheritance
of property 65
2.2.2.5. The Lach customary law on civil disputes 68
2.3. Comparison of the Lach customary law with that of other ethnic groups
in other places in Lam Dong province 72
2.3.1. Similarities 72
2.3.2. Differences 73
2.4. Sub-conclusion of Chapter 2 77
CHAPTER 3. EFFECTS OF THE LACH CUSTOMARY LAW IN LAC
DUONG DISTRICT, LAM DONG PROVINCE ON MODERN LIFE 79

3.1. Changes of the Lach customary law in Lac Duong district, Lam Dong
province on modern life 79
3.1.1. Causes of changes 79

5

3.1.2. Changes of Lach customary law in Lac Duong district, Lam Dong
province on modern life 83
3.2. Role and disadvantage of the Lach customary law in Lac Duong district,
Lam Dong province on modern life 92
3.2.1. Role 92
3.2.2. Disadvantage 95
3.3. Sub-conclusion of Chapter 3 98
CONCLUSION 100
REFERENCES 106
ANNEX………………………………………………………….……….110

6

INTRODUCTION

1. Reasons for research topic selection
Lam Dong province has been long well-known for its capital city of
Dalat, a poetic city covered with flowers and fog all year round. It is also the
fatherland. The province used to be the home land of several indigenous
ethnic minority groups such as Ma, Co ho, Chu ru, M’nong, etc. Amongst the
long-standing residents of the province, Co ho community predominates in
terms of population
1
. Currently, the population of Co ho community reaches
166.112 people (as of 1 April)
2
. Co ho ethnic group consists of various local
subgroups such as Lach, Sre, Co Don, Cil, Nop, etc. Among these subgroups,
ethnic Lach is proud to be the community living on the legendary, epic land
of Langbiang and the owner of ancient Dalat. (DàLàc: the stream of Lach
ethnic group).
Discussing on traditional culture of Lach, it is a lack not to mention a
cultural aspects which holds special values – customary law (Nri). 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. In oral

customary law of the minor ethnic groups in Truong Son – Highland area in
general and those of Lach ethnic group in particular, it is always possible to

1
According to results of population survey conducted in 1999, there was 996, 221people in Lam
Dong province. Beside Viet ethnic group, there were 12 minor ethnic groups, in which Co ho
ethnic group occupies 112,373 people (in 128,723 Co ho people nationwide), accounting for 11.2%
population of the entire province. Ma ethnic group follows with population of 25,289 people
(accounting for 5.5% provincial population). Then come M’Nong ethnic group of 9,679 people
(0.98%) and Chu ru with 14,579 people (2,5%.
2
According to General Statistic Office, “General Demographic survey in 2009”, Statistics
Publisher, Hanoi, 2009.

7

find stipulations in every aspect of human’s life, from behavior towards the
environment and to the matter of property, from organization and institutions
to social relations such as marriage and family relationship, from folk beliefs
to the ritual system, etc.
However, the modern life in which globalization is currently
penetrating in every corner even that of 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 ethnic group in particular are also in the
threat of fade. What should be done to help the minor ethnic groups in general
and Lach ethnic group to keep paces with the modern life and socio-economic
growth yet still sustain and develop their unique cultural characters? This is
also an issue in concern of Vietnam Communist Party and Vietnam State. In
the Fundamental Guideline in developing the country in the transition period

to Socialism passed in 10
th
National Congress [12, pg.75] (in January 2011) of
Vietnam Communist Party, a consistent orientation, which was once more
confirmed, is “Build and develop an advanced culture with strong national
identity”. It is a sought orientation for integrity of growth and tradition
because it is the tradition that generates national power along the national
establishing and defensing history in the past, in the present and in the future.
From the reality, we select “Customary law of the Lach ethnic group
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 best possibility, a real pictures of Lach ethnic group
customary law for the purpose of preserving one of the traditional cultural
values of Lach ethnic group in front of the fading threat, contributing to the

8

success of “wealthy people, powerful nation, democratic, equal and civilized
society” target set by the Communist Party.
2. Purpose of the research
Research this topic, we would like to introduce, at our best knowledge,
the customary law of Lach ethnic group in every expressing forms and
contents.
Besides, via analysis of the laws, we also wish to discover roles and
also limitations of Lach ethnic group’s traditional customary law in the
present life in order to identify the advantages to encourage as well as the
restrictions to be dismiss.
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 Lach customary law for the
sustainability of one traditional culture of Lach ethnic group.
3. Subject and scope of the research
Research subject: The research subject is customary law of the Lach
ethnic group and it's influence on modern life. Research content of the topic
concentrates on demonstrating issues related to forms and contents of Lach
customary law. Consequently, roles and restrictions of Lach customary law
are also defined. Moreover, we would also initially survey on the
implementation of customary law in Lac Duong district at present and the
changes of Lach customary law under the impact of various factors such as
socio-economic growth, co-residence and cultural exchange amongst the
ethnic groups, etc.
Research spatial scale: The research will be mainly carried out in Lac
Duong district where Lach group mainly resides. In Lac Duong district,

9

special attention will be paid to Lat commune and Lac Duong town. Besides,
we will also conduct research on Lach customary law in Mang Lin hamlet,
Ward VII and Ta Nung Commune in Dalat city.
Research chronological scale: The research content is limited in the
period from 1975 to present because not until the unity of the nation, hardly
had all ethnic groups in Vietnam shared orientation of developing a nation in
accordance with socialism pertaining to new culture. Since then, the ethnic
guidelines of the Communist Party and Vietnam State started to be launched
nationwide, leading to the dramatic changes in economic, society and culture
in the area of minor ethnic in general and that of Lach in particular.
4. Research methods
On studying this topic, firstly, we refer to some documents and writings

of some precedent researchers and scholars realated to customary law of the
minor ethnic groups in general and those of Lach ethnic group in particular in
order to have a fundamental background for the purpose of this research.
Topic “Customary law of the Lach ethnic group in Lac Duong district ,
Lam Dong province and it's influence on modern life” mainly belongs to
interdisciplines of ethnology and jurisprudence; therefore, ethnic fieldwork is
ineveitable. Other methods such as observation, retrospective interviews,
direct profound interview and sociologist survey with the facilitation of
technical equipments such as camera, recorder for the complete recording of
the information during the work are considered the major methods employed
to collect and capture the highly reliable data.
Methods observe competed as observed in which riders observed
directly involved in the activities of those who are observed.

10

In-depth interview method is the dialogue is repeated between
researchers and people who provide information to learn life, experiences and
perceptions of who provides information through the language of the time.
When data collection is complete, in addition to the published
documents resource, we will consolidate and process the documents using
methods such as:
Synthetical – Analytical methods: Based on the collected data, we will
analyze and select the important information to use in the research of Lach
customary law and their impacts in Lac Duong district at present.
Comparative and contrasting method: In the thesis, we use this method
when comparing customary law of Lach ethnic group with thoes of the local
ethnic groups on the area of Lam Dong. Besides, we also implement
comparative methods when discovering the customary law of Lach ethnic
group in the past and at present to identify their changes on moden life.

5. Contribution of the thesis
The research on Lach ethnic group in general, especially Lach
customary law in Lac Duong district – Lam Dong province and their impacts
in the current modern life in particular is necessary and meaningful in term of
both theory and reality. 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 ethnic group in particular.

11

6. Thesis outline
Besides the Introduction, Conclusion, Reference and Appendices, the
thesis focuses on resolutions of the issues in 03 chapters with the following
contents:
Chapter 1: Overview on background, literature review, research
location and Lach ethnic group
In this chapter, the authors focus on theoretical basis of customary law,
literature review and introduce the research location – Lac Duong district,
Lam Dong province as well as some key points in cultural live of Lach ethnic
group.
Chapter 2: Customary law of the Lach ethnic group in Lac Duong
district, Lam Dong province
This chapter presents forms and contents to be reflected in the
customary law as well as the justice practice and penalties, behavior towards
natural environment, community institutions, marriage and family
relationship, property succession and compares Lach customary law with
those of some local ethnic groups.

Chapter 3: Effects of the Lach customary law in Lac Duong district,
Lam Dong province on modern life.
From outcomes of fieldwork survey, the changes of the customary law
will be shown in this chapter which is characterized by the impacts of various
factors. Simultaneously, the roles and restrictions of the customary law in the
modern life will be also discussed.





12

CHAPTER 1
BACKGROUND, LITERATURE REVIEW, OVERVIEW
ON THE RESEARCH LOCATION AND LACH ETHNIC GROUP

1.1. Background
1.1.1. Definition of customary law
Customary law in Vietnamese is equivalent to the foreign terminologies such
as “customary law”, “folk law”, “local law”, “tribal law” or “traditional law”, etc.
However, the above terminologies are all used to describe a type of law that differs
from “state law” (the law stipulated by the State). Amongst those terms, “customary
law” is popularly used [39, pg.38]. In Vietnam, each ethnic group has their own
ways to refer to customary law, such as “lệ làng” (as “hương ước” in written form
of Viet people), “Hịt khỏng” (by Thai people), “Phạtkđi” (by E đe people),
Phạtkđuôi (by M’nong people), “N’Ri” (by Ma people), “Tơlơiphian” (by Gia rai
people), etc. Discussing on definition of customary law, there are many different
ideas, such as:
Customary law is a set of provisions that stipulates on the relationship

and obligations of members in hamlet community. It is the early form law in
an undifferentiated, non-state society in order to instruct, adjust and stabilize
the relationships amongst individuals, those of individuals to community,
those of one community to the others via behavioral experiences and practices
that are recognized by the community, characterized by unity and solid
construction of each community. Customary law is kept along time via
memory and oral records of people. It contributes to preserve and enhance the
stability of the hamlets and creates the cultural values for each ethnic group
[23, pg.567].
According to Assoc.Prof.Dr. Lam Ba Nam, customary law is a rich folk
knowledge treasure, accumulated and withdrawn via various generations

13

during the adjusting process to the natural and social environment of the tribe
in history with countless severe challenge [28]
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 other). It is accepted by the
entire community, creating a unity and conservative structure of each
community [39, pg.70].
+ 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 law. One is based on the
existing form of the customary law and the other is pertaining to the level of
development of customary law. Based on the existing forms, there are four
categories of customary law: rhyme customary law (mainly in Central
Highland), documented customary law (of Cham’s and Thai’s) and written
customary law (Viet) and social practice (Other groups). Basing on level of

14

development of customary law, can divide into 03 types including oral
customary law (Central Highland), documented customary law (of Cham’s
and Thai’s) and written customary law (or the village’s rules of Viet people)
[39; pg. 442- 443].
+ 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 laws (stipulation on criminal behavior, crimes,
evident, justice and penalties, etc.). On the other hands, it is figured by 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, a form of pre-law. Due to the vague border
between these two forms, distinguishing is only made relatively.
Customs are the routines and experiences of people forming during the
daily activities and works, repeated over and over again, which makes it is

hardly forgotten. Custom survives and moves along in family, in the villages,
in the society heavily influenced by community. It is the life styles, orders and
rules for life. Via realistic practice, people find it suitable, useful and
necessary to maintain and follows from one generation to the others.
Following the law, at first, is voluntary, gradually becomes spontaneous and
then self-aware. Once it has been recognized and followed, the customs
seems to turn into unwritten conventions of a community or a group of
communities, which is respected and protected [23, pg.566]. Customary law
forms and develops from customs; thus, many people regard it as “law of
custom”. However, customary law just inherits the significant and popular

15

elements of customs. On the other hands, customary law has brought in
disciplines; whereas customs is purely voluntary.
Law is a system of stipulations in order to keep the rules and social
orders, protect the common rights of a State, differentiated society. Law
expresses the will and orientation and instruction of the ruling class. It is
strictly imposable, mandatory and compulsory to everyone [23, pg.569].
Customary law is the basis and premise of law. However, it still exists a
boundary and a distance between customary law and law. For example,
customary law carries some unique figures such as oral communication,
variant, anonymous, pertinent to the ancient society, traditional, primitive,
rural, peasants and unique characters of each area and ethnic group.
Meanwhile, state law presents the will and orientation and instruction of the
ruling class, thus somehow imposable, yet represents the desires and
agreement of the community. On the other hands, customary law is the
product of memory, refined from the experience in working, daily and social
activities. It is not written or stated by any individuals but sophisticated in the
innermost feelings, affections and desires of the community. On the contrary,

law differs in times and social regimes. Law is edited and proposed by a
group of people, presenting the will and desire of the ruling class in that
society. Each set of law was named according to to the dynasty in which it
was created such as Hong Duc law, Gia Long law, etc. Besides, structures,
rules and disciplines of customary law also diverse from those of Law. Rules
of customary law are much simpler and more applicable than state law.
Disciplines are mainly for the purpose of advice and deterrence from bad
behavior and penalties are property compensation and apologizing rituals.
Disciplinary forms of Law are detailed and strict and figured by court
instruments and prisons.

16

In short, from custom to customary law and law is a constantly
evolving process. Custom is the basis for the foundation nod customary law,
and customary law, in its turns, leads to the formation of law. However, each
form contains unique characters despite the close, organic correlation among
them.
1.1.2. Origins and basis of Lach customary law
+ Origins
Similar to some mono ethnic group, Lach customary law is formed
spontaneously, standardized and recognized widely in the community via the
relationship and cultural life style of the residents. Therefore, it carries no sign
of social class differentiation and thus is nothing like an instrument to
maintain the ruling position of any class in the society. Customary law was
created to adjust the relationship among the individuals, between individuals
with the community and between the community with the nature and gods.
Lach customary law was formed and tempered from the cultural and humane
values of Lach community during their process of discovering and conquer
nature together with living, resisting and surviving experiences. Social

organization was formed and pertained to the hunting and gathering life,
deforesting to cultivate, then came the accessing process to rice culture of
Cham ethnic group and other ethnic groups which was greatly contributed by
the elderly and craftsmen via the proverbs, folk song, and syllabic poems with
the unique property and rich images. Moreover, a part of customary law was
also quoted from epic (related to the concept that Ndu genie create the sky
and the earth), combining the customs and routines in daily life, maintained
and spread by the words of mouth form thousands of years ago of the native
resident of Truong Son – High Land in general and Lach ethnic group in
particular.

17


+ The basis of Lach customary law
Customary law “bơta bóh lăm” in Lach’s language, which means the
accumulated experiences from one generation to the others and becoming the
standards of behavior in family, in society as well as in relationship with the
gods. The conventions in customary law of Lach ethnic group are specific,
including conventions on criminals, justice forms, penalties and stipulations
on responsibility in the society.
Lach is a tribe of strong sense of community. Their behavioral rules are
mainly democratic spirits, equality, and affections. Thus, in comparison with
customary law of some local ethnic groups such as Ma, Chu ru, etc., the rules
in customary law of Lach ethnic group tends to be more lenient to the
criminals.
Lach customary law is the motivation of integrated scheme, including:
customs, behaviors, religion and beliefs, etc to act for the common benefit of
the entire community. Lach customary law exploits the power of public and
community’s affection to make rules and standards in life to the customs

implementation and behaviors of members in the community. Besides, in
order to enhance the power of customary law, Lach customary law also makes
use of gods’ power to bond every member of the society to follow.
Lach customary law is the specific stipulation of the ethnic groups
including stipulations on behavior with the natural environment, community
management, marriage and family relationship. Accordingly, if any member
of the community violates the stipulation or does the contrary to the virtual
standards or disrespects the customs of one’s group, one will be suffered from
penalties according to customary law in compliance with level and
corresponding penalties.

18

Stipulations in Lach customary law aim at respect, community
integration and the overall responsibility of the whole community. All are
based on the lenient approach to the criminal. The law, therefore, highlights
the healing of the breakage in social relationship, relationship with all
supernatural forces in order to bring stabilization and reunion in the society.
Therefore, all members in Lach society have the responsibility to learn and
study the stipulations in their customary law and are self-aware of the
stipulations in the customary law.
In brief, customary law of the minor ethnic group in general and that
Lach’s on particular is the priceless cultural value of the ethnic group. Thus,
the preservation the positive values of the customary law is urgently
necessary and deserves to receive much more attention from people and
authority.
1.2. Literature review
About the minor ethnic groups of Vietnam in general and those living in
Highland in particular, there are a pretty number of scientific researches in
various aspects such as economics, culture, sociology, religions, etc.

However, there has been no systematic monograph study on Lach ethnic
group in general and customary law of Lach ethnic group in Lac Duong
district, Lam Dong province in particular so far.
Before 1975, we can find some data in Lach ethnic group in the studies
about Co ho ethnic group of the scholars such as Mussay, Hickey in “The
High Land people of South Viet Nam” (1967), Touhnen and Han Tho in “A
concept of opening Thuong society” (1970); then, “Issues in educating
students belonging to ethnic group” (1973) by Do Van Tu; “Highland the
Upmost area” (1974) by two authors, Cuu Long Giang and Toan Anh.
Among those researches, the authors had introduced in brief as an overview

19

and summary about the minor ethnic groups living in Highland such as Chu
ru, Ma, Co ho (including Lach) on tribal names, origins, residential area,
economic practice, customs, etc.
Especially, after the unity of the nation on 30

April 1975, under the
leadership of the Communist Party, with the sought policy on the ethnic
groups, the domestic researches started to pay more attention to the minor
ethnic group in general and Lach ethnic group in particular. The first study
was “Ethnic issues in Lam Dong” (1983) edited by Ass. Prof. Ph.D.Mac
Duong. The study included 313 pages, mentioning some aspects related to
Lach ethnic group such as origins, marriage. After that, traditional cultures of
Co ho ethnic groups (including Lach ethnic group) were also mentioned in
“Vietnam minor ethnic groups – in the Southern provinces” (1984) by the
Institute of Ethnology. Significantly, the writing titled “Lat people in Dalat”
by Nguyen Hong Nhat provided some precious data on the origins and
residential history of Lach ethnic group as well as introduced a simple picture

on marriage, family and family relationships of this group. In 1993, “Dalat –
The Highland city” [44, pg.175] the authors such as Nguyen Tuan Tai, Doan
Nam Sinh, Lieng Hot Hasue, Phung Khac Cuong and Nguyen Huu Tranh also
presented about the history, material and spiritual life of Lach ethnic group
with the article “Lach ethnic group on Langbiang High Land”. Moreover,
author Tran Sy Thu in “Ethnic group and residents in Lam Dong province”
(1999) and author Nguyen Huu Tranh in “the ancient Dalat” (2001) also
brought the readers many valuable data on the picture of traditional culture of
Lach ethnic group on various aspect such as history, economic practice,
religion. Besides, we can also some important studies on Co ho group such as
“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

20

cultural characters of the minor ethnic groups in High Land in Lam Dong”
(2005) by various authors, published by the Department of Cultural and
Information of Lam Dong province, “Traditional custom od some minor
ethnic groups in Southern Highland” (2007) by Le Van Ky (editor), “South
Highland – the amazing sides” by Vo Khac Dung. The above articles and
studies somehow mentioned the aspects of material and spiritual cultural
aspects of Co ho ethnic groups (including Lach group).
About customary law, most of the minor ethnic groups possess customary
law, however, as of today; the scientists have just only exploited, recorded
and restored customary law of some ethnic groups. Right from the beginning
of the 20
th
century, the French had started to survey and collect the customary
law in Highland for the purpose of their reign in Indochina colony with the
orientation of using the traditional institution as an indirect and effective

controlling instrument. Some studies on the customary law of French author
such as Leopold – who had advocated to collect, rearranged and public the set
of E de customary law, titled “Ruôn Hra Kley Duc key bhiam dum” printed in
“Imprimerie d’Extrême”(1927) by E de’s language. In1940, Dominique
Antomarchi translated this set of law into French and publishes Recueil des
Cutumes Rhadies du Daklak in Collection de Textes et Documents Sur
Indochine IV. This was considered the first collection, system and
implementation about customary law in Viet Nam [39, pg.21]. After the work
of E de’s customary law, there were some other collection and reseach on
other customary law of the tribes in Highland such as Stieng’s customary law
(1951) by T.Gerber, Customary law of Bana, Xe Dan and Jarai Tribes in Kon
tum province (1952) by PG.Guillminet, Some aspect of customary law of Ma
people (1957) by J.Boulbet, etc. The above works quoted and commented on
the rules implemented by the government of French colonist [39, pg.22-23].

21

To be honest, although conducted for the purpose of ruling, the studies and
collection of the French helps us in indentify the variety of customary law of
many minor ethnic group in Highland area such as E de, Xtieng, Ba na, Xe
Dang, Gia rai, Ma, Co ho, etc.
Beside the researches on customary law of the foreign scholars, it is
necessary to mention the domestic scholars who have significant contribution
to the collection and publish of customary law of many minor ethnic groups.
The researches on customary edited by Prof. Ph.D Ngo Duc Thinh such as “E
de’s customary law: legal practices” (1996), “M’nong’s customary law: legal
practice (1998);“Thai’s customary law: legal practice, “Comprehend
customary law of the ethnic group in Vietnam” (2003), etc. are the first to
mention. Besides, there are also “Cham and Raglai customary law” (2004),
“Customary law and life” (2007) edited by Phan Đang Nhat. In addition to

the researches the articles of the other authors such as “Customary law in the
life of minor ethnic groups: preservable values and outdated customs to be
dismissed” by Trinh Thu Thuy (2009); Ass. Prof. Ph.D Lam Ba Nam with
“Customary law of native ethnic groups in highland: identified from
heritage” (2010) are also recognized. The above mentioned studies have
brought us a profound and general view in customary law of the minor ethnic
group and given to us an approach to the research topic from which the
method of correlation, comparison and contrast among the customary law of
the ethnic groups, especially the minor ones have been made clear for us.
Related to customary law of Lach group, according to our best knowledge
at present, Lach customary law has just been mentioned briefly in some
general research in Co ho group, for example, “Comprehend customary law
of the the ethnic groups in Southern Highland” edited by Prof. Ph.D. Ngo
Duc Thinh; “Customary law and community self-managing of K’ho group in

22

Lam Dong” by M.A Nguyen Xuan Bang (scentific report in Conference
“Customary law and legal practice”, Department of Law – Dalat University,
on March 2005) Recently, we have known that, Krajan Plin, which is a
group of Lach ethnic group in Lac Duong town, has collected many of the
customary law of Co ho Lach group, and introduced in “K’ho Lach customary
law” (2010). The book consists of 219 pages and mentions many aspects on
crime and judgement, relationship between the leader and the community and
vice versa, marriage and men-women relationship and taboo, etc. [33].
However, listing is what the author focused on, not the content of the
customary.
The published researches and the articles mentioned above are precious
background for further study on customary law of Lach. Nonetheless, there is
no comprehensive, systematic and specific study on Lach customary law.

Therefore, by “Customary law of Lach ethnic group in Lac Duong district,
Lam Dong province and it's influence on modern life”, we wish to introduce
our knowledge on Lach customary law based on collection and analysis of the
related contents to Lach ethnic group 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, in which there are 5,352 hectare of agricultural
land (occupying 4%). The remaining are forest and forestland [2, pg.11]. The
district is adjacent to Khanh Son and Khanh Vinh districts (belonging to
Khanh Hoa province), Ninh Son district (belonging to Ninh Thuan district) to