Pháp luật tố tụng phong kiến việt nam từ thế kỷ XV đến thế kỷ XIX tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCE
GRADUATE ACADEMY OF SOCIAL SCIENCE
--------------

HA THI LAN PHUONG

FEUDAL PROCEDURAL LAW OF VIETNAM FROM THE
15TH TO 19TH CENTURY

Major : Theory and History of State and Law
Major code : 9 38 01 06

DOCTORAL THESIS ABSTRACT ON JURISPRUDENCE

HANOI – 2019


This work is completed at:
GRADUATE ACADEMY OF SOCIAL SCIENCE

Scientific Supervisor: Assoc. Prof. PhD. Nguyen Thi Viet Huong

First reviewer: Prof. Dr. Thai Vinh Thang

Second reviewer: Assoc.Prof. Dr. Nguyen Minh Man

Third reviewer: Assoc.Prof. Dr. Hoang Van Tu

This thesis was protected before Doctoral Examination Council which was
organized in Graduate academy of social science
At:

hour, April …, 2019.

This thesis could be referred at:
National library of Vietnam
Library of Graduate academy of social science


THE RELATED WORKS OF DOCTORAL CANDIDATE
1. The achievements on procedural law of Le Thanh Tong reign in
judicial history of Vietnam, June 2018, Co-author Le Ngoc Duy,
Journal of legal professions review, Judicial Academy, No.03,
(p.52-58).
2. The theory on the procedural law of feudal state of Vietnam from
15th to 19th, February 2018, Co-author Ha Thi Lan Anh, Journal of
legal professions review, Judicial Academy, N0.01, (p.58-64).
3. Preventing corruption in feudal law of Vietnam and experiences,
June 2017, Journal of legal professions review, Judicial Academy,
No.03 (p.59-64).
4. Characteristics of procedural law of feudal state of Vietnam, June
2016, Journal of legal professions review, Judicial Academy, No.3
(p.26-33).
5. Lawyer and the issue on protecting human rights in procedural
activities, February 2016, Co-author Ha Thi Lan Anh, Journal of
legal professions review, Judicial Academy, No.01 (p.43-46).
6. The progressive points and the drawbacks on the procedural model
of contemporary Vietnam in comparison with the procedural model
of feudal state of Vietnam, June 2015, Journal of legal professions
review, Judicial Academy, No.03, (p.26-31).
7. Comparing procedural law and the real application of feudal state

and contemporary state, June 2013, Journal of legal professions
review, Judicial Academy, (p.42-46).
8. Rule of law and state, December 2012, Co-author Ha Thi Lan Anh,
Journal of legal professions review, Judicial Academy, No.06 and
No.01.13 (p.5-10).
9. Overview on criminal procedural law in feudal Vietnam, 2010, The
specialized number on “Criminal procedural model of Vietnam”,
No.5+6, (p.5 -102), Supreme Public Prosecution.


1
OPENING SESSION
1. The necessity of the subject of research
Procedural law is an important part of legal system in Vietnam and also
in the world. In any historical periods, procedural law was always
important to establish a judicial power regime to protect the state, protect
the politico-economic regime, maintain justice, ensure human right and the
humanitarian values of human.
To implement the strategy of judicial reform until 2020 with the vision
to 2050, the state of Vietnam ratified the 2013 Constitution and amended
many important codes. Political report in 12th National congress of
Vietnam Communist Party affirmed to “continue to enhance the
implementing of Judicial Reform Strategy, build the transparent, strong,
democratic judiciary to protect justice, human rights, citizen’s rights,
communism, state’s interest, rights and interest of organizations and
individuals” [1, p.114]. Judicial reform is a long distance which demands
the great determination of state.
From the judicial historical view, Vietnam possesses the progressive
and unique heritage in compare with the different states at the same era.
But in reality, the sources and the researches on the historical laws and

procedure law in history have many drawbacks. Phan Huy Chu researched
on the traditional legal system of Vietnam and he regret because of the
disappear of legal cultural heritage of the nation.“Unfortunately, The legal
documents of a reign which make the perpetual framework has lost” [11, p.
65].
With these formal reasons and the hope to contribute to the professional
judicial system to protect justice, protect human rights, the phd candidate
has chose the subject: “Feudal procedural law of Vietnam from the 15th to
19th century” for the thesis.
2. The purpose and missions of research
2.1. The purpose of research
Through research of the progress of the establishing, form and content
of feudal procedure law of Vietnam from the 15th to 19th century, the thesis
clarifies the achievements, values and the ability to apply to build and
improve procedural law and judicial reform of contemporary Vietnam.
2.2. The missions of research
Firstly, to evaluate generally the research status in Vietnam and in the
world on the feudal procedure law.
Secondly, the theoretical and historical issues on feudal procedural law
of Vietnam from 15th to 19th century.
Thirdly, to research the content of procedural law of Le, Trinh, Nguyen
dynasties through the Codes and formal history document.


2
Fourthly, to find out the historical and contemporary values, the
advantages and drawbacks on the establishing and applying of feudal
procedural law.
3. The scope and object of research
3.1. The object of research

This thesis concentrates on researching the scientific views on the
procedural law, the contents of feudal procedural law from 15th to 19th
century and the view of applying traditional law into building
contemporary law.
3.2. The scope of research
On the time, feudal procedural law from 1428 to 1884. On the space:
the North of Vietnam in Le’s dynasty and both the North and the South of
Vietnam in Nguyen’s dynasty.
4. Methodology and research methods
4.1. Thesis’s methodology
This thesis based on the dialectic materialism and historical
materialism, methodology of jurisprudence, history, economics, politics,
administrative science and logic.
4.2. Research methods
This thesis use the common methods of social science research, the
unique methods on research of jurisprudence and history, namely: statistics,
comparison, annalistic.v.v. The thesis based on interdisciplinary approach
of social science to research and analysis the procedural law in context of
Vietnamese society in imperial period.
5. The new contributions of research
Firstly, this thesis recognized the theory and history, analyzed the
characteristic of judicial power regime in imperial state.
Secondly, this thesis described the general scene of feudal procedural
law along with analyzed deeply the process of establishing and developing
of feudal procedural law from 15th to 19th century.
Thirdly, this thesis clarified some contents and the nationality of feudal
procedural law, namely: authority and process of procedure, protocol of
procedure, actions and monitoring procedure, classifying of cases in
procedure, precedents, fining, regimes of “Dinh Nghi”, “Thu Tham”, “Tam
Phap Ty”.

Fourthly, this thesis recognized and analyzed the progressiveness of
feudal procedural law from 15th to 19th century.
Fifthly, this thesis pointed out the historical and contemporary values
and also the ability to apply these values in the process of improving
procedural law, judicial reforming, rule of law, protecting citizens in
Vietnam.


3
6. Scientific and practical significance of research
This thesis clarified the legislative reality and history values of
traditional procedural law, then pointed out the lessons on legislation,
building and applying procedural law into judging, the ways for improving
the contemporary procedural law.
7. The structure of thesis
Beyond the acknowledgement, table of abbreviation, opening session,
conclusion and bibliography, the thesis consists of four chapters.
CHAPTER ONE: GENERAL STATUS OF SUBJECT’S
RESEARCH
1.1. Abstract of research status
1.1.1. Domestic research status
On theory and history: “Legal history” (1967) of Vu Quoc Thong
could be deemed as the most typical research on the imperial regime and
the organizing of judiciary in feudal Vietnam. The author cognized on the
procedural law after 1649 that: “the organizing of judiciary was clear and
the procedures namely suing process, investing process, appealing process
were also transparent” [209. p.375]. The “Quoc trieu kham tung dieu le”
also had unambiguous provisions on the cases, the authority and protocols
of procedure.
The second is“Traditional Codes of Vietnam and judicial history”

which includes “Overview of judicial organizations and procedure in
traditional codes” of professor Vu Van Mau [146, p.227 - 265]. This
research on “Quoc trieu kham tung dieu le” showed the progressiveness on
the legal technique and the separation of substantive law and procedural
law and concluded that: “In legal history of Asia, it is the unique law on
procedure and the organizing of judiciary. It proved that in the traditional
legal, Vietnamese legislators perceived the separation of substantive law
and procedural law” [146, p. 265]. It is important that in the procedure of
international tribunals the unity of the forms and protocols is the basis for
judging. It is the core problem of international procedural law.
On contents and forms: The third is “Research on the legal system of
Vietnam from 15th to 18th century” (1994) including the article of the
author Pham Diem on “Procedural law” [165, p. 245 - 262]. It is the
research on procedural of Le’s dynasty which includes two main contents
of “Quoc trieu hinh luật” and “Quoc trieu kham tung dieu le”, namely:
authority and process of procedure; protocols of procedure, suing and
judging. The author stated that procedural law in Le’s dynasty is a
“precious and unique heritage”.
The fourth is: “History of criminal procedural law in Vietnam” (2003)
of doctor Tran Quang Tiep [214, p.7- 46]. The author stated that: “Criminal
procedure law in this period had some achievements, represented the


4
humanitarianism in criminal procedural actions of our ancestors” [214, p.
46].
The fifth is the article names “feudal procedural law in the ‘Quoc trieu
hinh luat’” of doctor Hoang Thi Minh Son in the book “‘Quoc trieu hinh
luat’ establishing history, contents and values” (2004). This article’s
content is on the overview of procedure including: investigation,

prosecution, judging and implementing the jurisdiction [197, p.267 - 287].
The sixth is “Procedural law in Nguyen’s dynasty (1802 - 1885)”
(2017). The author stated that: “The Nguyen’s dynasty organized the
judicial system which was disciplined, rigid and based on the effective
imperial regime” [63, p.569].
On general view: “Lich trieu hien chuong loai chi” (1819) of Phan Huy
Chu. Book “Quoc Trieu Hinh Luat and the historical and contemporary
values for contributing to rule of law in Vietnam” (2008) [190, p.381, 404].
Bui Xuan Dinh (1998) with “Le lang phep nuoc”, “Huong uoc va quan ly
lang xa” [79, 80]. Le Duoc Tiet with “Huong uoc le lang” (1998), “Hong
Duc’s Code” (2010) [215, 216, 204] “Duc tri va Phap tri” [108, 110, 115,
131, 144, 152, 155, 157, 161, 173, 212, 213, 223, 31]. Beside this, there
were the scientific projects, academic articles, theses, which related to the
feudal procedural law.
1.1.2. Research status in the world.
On theory and history: Actually, in the world, the researchs on theory
and history of feudal procedural law are spare, inadequate [88, 89, 135,
141, 235, 236] [57, p.14]. The new book “A history of Viet nam” of Keith
Weller Taylor is information about economy, politics, culture, society.
On the form and content of procedural law:
The work of French author Doloustal on traditional law of Vietnam.
The work of lawyer Phan Van Truong on the Nguyen’s dynasty law in
comparison with Quing dynasty law. In US, the authors Nguyen Ngoc Huy
and Ta Van Tai with: “Le code des: Quoc Trieu Hinh Luat ou lois penales
de la dynastie nationale”, “Traditional law in Vietnam”. The translation and
introduction of “Quoc trieu hinh luật [238, p.173] [57, 141, 228]. The
scholar Insun Yu from Korea in the work “Legal system with Vietnamese
society from 17th to 18th century” researched “Quoc trieu kham tung dieu
le” for enhancing the fair and quick handling the cases for people’s interest
[113, p. 65]. Insun Yu left a comment on procedural law in Le-Trinh

government in a different approach. He stated: “the unfair in procedure
consist in the corruption of the officials and the intervention of interest
group” [113, p.64]. The author cited Samuel Baron that: “If they buy the
position, they would seek for the interest and violate justice” [113, p.233,
234]. These statement need to be researched to clarify the cause and effect
of this phenomenon nin the Court of Vietnam in feudal time.


5
1.1.3. Documentary systems for research
It could be divided into two documentary systems: Firstly: legal
documents; Secondly: chronicles and bibliographies.
1.2. Comments on research status
1.2.1. Overview on research status
Generally, there are some works on the feudal procedural law but it
lacks of the research on the procedural law in imperial period and Le Thanh
Tong reign.
1.2.2. The clarified research contents
Firstly, the general theory and history of state organization and law in
Vietnam at feudal time namely: political regime, the form of monarchism.
Secondly, the system of feudal procedural law in Quoc trieu hinh luat
and Hoang Viet luat le, contents of Quoc trieu kham tung dieu le have been
researched generally. Vu Van Mau and Vu Quoc Thong are two significant
scholars.
Thirdly, the values of imperial law of Vietnam from the overview of
Quoc trieu hinh luat, Quoc trieu kham tung dieu le in Le’s dynasty, Hoang
Viet luat le in Nguyen’s dynasty.
1.2.3. The issues need to be complemented
Firstly, the concept, role, principle, characteristic, nature, structure, the
participants of procedure.

Secondly, the relation between the legal documents, substantive law and
procedural law.
Thirdly, the comparison between procedural law in Le Thanh Tong
reign, Le-Trinh period and Nguyen’s dynasty. Clarifying the specific legal
documents on procedure, namely “Quoc trieu Hong Duc nien gian chu
cung the thuc”, “Nhan mang tra nghiem phap”, “Tu tung dieu le”, “Quoc
trieu kham tung dieu le” and the relation between these documents and
Quoc trieu hinh luat, Hoang Viet luat le [54, 55, 56].
Fourthly, the model of procedure , ensuring the unity of the organizing
and operating procedural law. On the time, evidence, jurisdiction.
Fifthly, the practice of operating and applying feudal procedural law.
Sixthly, the highest role of Le’s Kings, Trinh’s Lords and Nguyen’s
Kings in judiciary in comparison with execution, economy and military.
Seventhly, the precedents, for instance: “Huong hoa dien san”, “Tien le
Giap At”, “Nguyen Mo” in Quoc trieu hinh luat, Hong Duc thien chinh thu,
Hoang Viet Luat Le [31 - 35].
The conclusion needs to reach to the judicial reform for justice, human
right, combination between tradition and modern. It is the lesson from the
values of Vietnam traditional laws and procedural law.
1.3. Theoretical basis, research questions and hypotheses
1.3.1. Theoretical basis of research


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Firstly: Marxism, Leninism and Ho Chi Minh’s thought, Communist
Party’s views and principle of law.
Secondly: The applying of traditional procedural law view with the
ideology of national independence, national sovereignty, national security.
Thirdly: The theory and history on the organizing and controlling
power in Vietnam imperialism and its impact to procedural law.

1.3.2. Research question
(1). What are the issues on theory and history of feudal procedural law?
(2). What are the characteristics and nature of feudal procedural law?
(3). What is the relation between the state organs in imperial regime?
(4). What is the basic form and content of feudal procedural law?
(5). What are the achievements and drawbacks and lessons?
(6). What are the historical and contemporary values of feudal
procedural law?
1.3.2. Hypotheses
Hypothesis 1: There was no independence court and judge in imperial
regime of Vietnam.
Hypothesis 2: Procedural law was promulgated in Le Thanh Tong reign
(1450-1497). Vietnam is one of the most early state that promulgated the
procedural law.
Hypothesis 3: feudal procedural law in Vietnam had many advantages:
on legal technique, form, content, protocols. The drawbacks were the
abusing of procedural law, the unprofessional storage.
Hypothesis 4: feudal procedural law shows the exclusivity, aristocracy,
nationality and humanity. The reality of feudal procedural law is the
thermometer for court’s justice.
Hypothesis 5: There are many potential values in national cultural legal
of Vietnam which could be learnt in the process of development. It shows
the combination of the Vietnamese and Chinese factors.
These hypotheses are almost true assumption.
Conclusion of the 1st chapter: feudal procedural law has been research
generally based on the Codes, legal documents and chronicle. Some
procedural documents in Le Thanh Tong reign and Le-Trinh dynasty have
not been studied deeply, some arguments are also controversial and lack of
comparison between Le’s dynasty and Nguyen’s dynasty. However there
are a few achievements but in general, feudal procedural law from Le’s

dynasty to Nguyen’s dynasty even have absent issues.


7
CHAPTER TWO. IDENTIFYING THEORY AND HISTORY
OF FEUDAL PROCEDURAL LAW OF VIET NAM
FROM 15TH TO 19TH CENTURY
2.1. Theory of feudal procedural law in general
2.1.1. Theory of procedural law in general
Theory and history of procedure law in general. Human history from
many years ago established ambiguously basic notions on the procedural
action. From 15th to 17th, in Western Europe, there were court, prosecution
and lawyer in order to protect possession right and human rights.
Perception and concept on procedural law. Mandarin-Vietnamese
dictionary explains: “‘To’ is report, to speak out, ‘Tung’ is to sue, debate”
[221, p.545]. The French-Vietnamese dictionary also have the same
meaning: acccuser, dénoncer, procès, plaider, cause, contester, litige [86, tr.
771 -1003 - 1113]. According to English-Vietnamese dictionary, procedure
is process, law litigate [172, p.125].
The reigns of Vietnam feudal time prioritized the purpose of law is to
comfort people, to consolidate the government, to handle violation, to
ensure justice and to stabilize society. In 1042, the king Ly Thai Tong
ordered a “Trung Thu” official to write the Penal Code then he
promulgated. “After that, the procedure become stable, clear and useful to
people” [23, p.263]. The king Le Thanh Tong [24, p.401] and king Hien
Tong, in the 38th year of Canh Hung (1777) amended procedural law “in
order to make fair politics, precise litigation, to comfort people, to be
deserved as position” [10, p. 303]. In Nguyen’s dynasty, the king Gia Long
also considered seriously the judging based on law, using morality to
educate people and balancing there both two sides [31, p.1-5]. The king

Minh Menh prioritized legalism in law application [51, 52, 53].
Procedural law is a “boat” which transfers the substantive law to
reality. In general, procedural law is the collection of the provisions on
principle of all processes of procedural actions, which is implemented in a
protocol to judge criminal, civil, administrative, military cases or to solve
other litigations to protect human rights, state, society and community with
the dimension to justice, stability and development. It is necessary to
research the related concept, namely procedural authority, procedural
protocol, procedural process, procedural actions.
2.1.2. Position and role of feudal procedural law of Vietnam
Position of feudal procedural law of Vietnam is showed in the structure
of two main codes are “Quoc trieu hinh luat”, “Hoang Viet luat le” and
“Quoc trieu kham tung dieu le”. The role of procedural law is the mean to
protect the law, prevent violation, punish the crime, restore the effect and
bring justice to society. “Law is a mean to make the governance to be
better” [31, p.1- 3].
2.1.3. The basic principle in feudal procedural law of Vietnam


8
It could be summarized some basic principle that: Firstly: Protect the
monarchism, sovereignty and security of state; Secondly: To judge along
with governmental level and specialized authorities; Thirdly: To consider
the evidence, to ensure the independency and centralization power in
judging activities; Fourthly: To regulate clearly responsibility and to
control toughly the procedural activities. Fifthly: some specific principles
of procedural law. These principles dominate all procedural process and all
officials need to respect and be obliged when they implement procedural
law.
2.1.4. Characteristics, form and nature of feudal procedural law of

Vietnam
Firstly: Legalism and moralism were also bases and aims of traditional
procedural legal system of Vietnam
Secondly: The legislation of Le, Trinh, Nguyen period always had the
inherency and creativity.
Thirdly: Structural form and legal sources consist of: Codes, laws and
complementary documents. There was a combination between the sources,
Chinese law and Vietnamese law.
Fourthly: The contents of nature of procedural law were: protecting
monarchism, individuals, family, society. It showed the aristocracy,
sociality, humanity and nationality.
Vietnam is one of the most early nation promulgated a specific code on
procedure in Asian and in the world.
2.2. The base of formation and development process of feudal
procedural law of Vietnam
2.2.1. The socio-economic base and politico - legal ideology
The socio-economic base: the agriculture and society based on village
community with the close relation of families. Politico-legal ideology is the
centralized monarchism and the king is the highest judge of state.
The main ideologies in civil service of judiciary and officials regime of
Vietnam in feudal time were the point of national independency, respective
king, official position, respective former law, legalism and moralism.
Confucianism were mentioned in Four Books and Five Bibles of
Confucius, Mengzi and other Confucians with “La hinh”, “Ngu thinh”,
“Ngu hinh”, “Ngu phat”, “Ngu loi”, “Ngu do”. According to these,
“judging need to mercy the criminals, respect the law, acknowledge the
law and research with others to have the integrity” [121, p. 365]. Legalist
governed the society by law and punishment. Law, position and technique
are core of legalism [129, p.247 - 320]. Vietnamese feudal law integrated
East Asia and South Asia, received ideals and science of the civilizations of

China and India but did not blur the nationality. It could be proved by
approaching nature and characteristic of imperial feudal law of Vietnam.


9
The national traditional base: the customs, customary law, culture,
education, examination, family, ethnic group, civilwar, cultural
transformation place’s China, wet rice culture, religion and other factors.
2.2.2. The monarchist established civil service of administrative
judiciary
The structure of monarchism state is unity, centralized power.
To regulate the relations in civil service of administrative judiciary,
there were 354/722 provisions of “Quoc trieu hinh luat” and 229/398” of
“Hoang Viet luat le”, constituted 50%. The officials were the cause of the
stability of the nation [57, 31- 34].
2.2.3. The process of establishing and developing of feudal
procedural law of Vietnam
There were the periods of procedural law legislation along with the
dynasties from the foundation in Van Lang – Au Lac, through the colonial
time of China, Ly-Tran dynasty, Le So and Le-Trinh dynasty to Nguyen’s
dynasty and until now. The Le’s dynasty with “Quoc trieu hinh luat” of Le
Thanh Tong who was the most talent legislator. In Le-Trinh period, some
law and “Quoc trieu kham tung dieu le” were promulgated in 1777.
Nguyen’s dynasty unified the laws of North and South Vietnam,
promulgated “Hoang Viet luat le” and judicial precedents.
2.2.4. The relation and impacts of Chinese law to feudal procedural
law of Vietnam
With the promulgation of four laws and codes which were specialized
on procedure from 1468 to 1777, Vietnamese legislators were make
Vietnam as the one of the most earliest nations that had the specific law on

procedure in Asian and world’s history [54, 55, ��Do ty”,“Hien ty”

“Hoang Viet luat le”
1815 - 1884
Commune – District:
(“Huyen”-“Phu”)
County – Province:
“Tong doc”,“Tuan phu”
“Bo chinh”, “An sat”,
“Lanh binh”
Hue Capital

Thang Long capital
“Hinh bo” (“Tham hinh vien”)
“Hinh bo”
(“Ngu hinh vien”)
“Do sat vien”
“Hinh khoa”
“Dai ly tu”
“Ngu su dai”
“Tam phap ty”
[“Hinh quan”] [“Tri tu tung”]
Governmental council
Governmental council
Vua
Vua

3.1.4. Laws on the relation between the imperial judicial organs
3.1.4.1. Laws on the monitoring relation of the high and low level
organs: According to the administrative structure, the center subject

monitored the level subject, the higher level monitored the lower level,
“Ngu su dai”, Lord’s government, “Do sat vien”, the final judging
belonged to the king and the lord [54, p.117-119].
3.1.4.2. Laws on the obliged relation of the low and the high level
organs: According to the provisions in “Quoc trieu hinh luat”, “Quoc trieu
kham tung dieu le”, ‘Hoang Viet luat le”, there was a principle of power


12
centralization, the lower level had to be obliged in administrative, military
and judicial orders [54, p.114].
3.2. The provisions on the authorities of judging of feudal state of
Vietnam from 15th to 17th century
3.2.1. The authorities of judging in judicial activities in Le’s dynasty
(1428-1527]
3.2.1.1. The authorities of local government
According to the article 672 of “Quoc trieu hinh luat” [57], if the
people in a district had litigation, the authority to solve the small cases
belonged to the district organs. [46][55, p. 245, 499]. The reform of Le
Thanh Tong made the unity of the administrative units and the change of
the level of judging: District level with the “Tam phap ty” mechanism. This
reform’s values were stable, harmonized.
3.2.1.2. The authorities of central government
“Quoc trieu hinh luat” have the provisions on the suing to central
government followed by the establishing of the council of judge, if all the
evidence were clear then judging based on the evidence (Article 667, 668
of “Quoc trieu hinh luat”) (Article 669, 673, 675, 687, 689 of “Quoc trieu
hinh luat”) (Article 720, 721 of “Quoc trieu hinh luat”). The provisions on
“Hoi ty” aimed to ensure the objectivity of judging.
3.2.2. The authorities of judging in judicial activities in Le-Trinh’s

Dynasty (1599-1786)
3.2.2.1. The authorities of local government
There were clear provisions in “Quoc trieu kham tung dieu le”. Any
precise cases could be sued at district government [54, p.270, 271], the
harassed cases, such as assassination, raping could be sued at provincial
government. “Quoc trieu kham tung dieu le” was more clear than “Quoc
trieu hinh luat” and Le’s dynasty laws [54, p.177].
3.2.2.2. The authorities of central lord’s government
According to “Quoc trieu kham tung dieu le”, the judicial central
government were mainly “Hinh bo”, “Dai ly tu”, “Ngu su dai” and “Chanh
duong”. Lord’s government gradually took all the military and procedural
authorities of king’s government. Any cases which were submitted by local
government were solved in lord’s government.
3.2.3. The authorities of judging in judicial activities in Nguyen’s
Dynasty (1802-1884)
The region, population and government of Nguyen’s dynasty had many
characteristics in compare with the former dynasties. Based on the lessons
of Le’s dynasty and refer to the judicial administration model in Quing
dynasty of China, the organization of judiciary in Nguyen’s dynasty had
some progressive point [230, 231, 232].
3.2.3.1. The authorities of local government


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The district government: (Article 305, 355, 358 of Hoang Viet luat le).
The procedural authorities were identified based on the three main types of
cases: Civil cases included criminal and civil case belonged to the authority
of district government; military cases which related to army were judged
based on military law, commercial cases which relate to trading activities
were solved at provincial government. The procedural classifying was

more general than “Quoc trieu hinh luat” and “Quoc trieu kham tung dieu
le”. The important cases after judging by “An sat” need to be submit to
“Tong doc”,“Tuan phu”[52, p.403, 404]. The Nguyen’s dynasty centralized
power much more than Le’s dynasty at provincial level [31; 32; 33].
3.2.3.2. The authorities of central government
The procedural authorities of “Hinh bo”, “Do sat vien”, “Dai ly tu” [22,
p.9-13]. The head quarter of the judging organs “Tam phap ty” was “Cong
chinh duong” [52, p.333 - 336]. The highest judging council was “Cong
dong” “Dinh nghi” under the leading of the king [37, p.310 - 312][51,
p.220]. The drumming “Dang van”, “Thu tham” and “Kinh luoc su” were
progressive judicial precedents.
3.2.4. The authority of monitoring judicial activities
3.2.4.1. The authority at local level
With “Quoc trieu hinh luat” and “Quoc trieu kham tung dieu le”, “Ngu
su dai” at Le-Trinh’s dynasty through six organs to monitor the
jurisdictions based on the reasons of cases to check the judges [54, p.282,
296]. In Nguyen’s dynasty, “Do sat vien”, “Kinh luoc su”, “Kham sai dai
than” were allowed to solve the cases before submitting. At the local level,
there were “Hien ty” and “An sat” who monitored the two administrative
levels, “Giam quan” and “Giam lam”.
3.2.4.2. The authority at central level
According to “Quoc trieu hinh luat”, “Tri tu tung” or “Tham hinh vien”
and “De hinh ngu su” had authorities to allow the cases before the
ratification of the king. After that, the jurisdiction would have legal
validity. This was the interdisciplinary mechanism. In “Quoc trieu kham
tung dieu le”, the authorities belonged to “Ngu phu”, “Phu lieu”, “Chuong
phu su”, ‘Thu phu su”, “Tham tung”, “Boi tung”, “Luc bo”, “Luc phien”;
the highest authority belonged to lord’s government [54, p.297]. In
Nguyen’s dynasty, there were “Do sat vien”, “Dai ly tu” and “Tam phap
ty”, the mechanisms of “Dinh nghi” and “Thu tham”. At the highest

position of the monitoring system at central government was the king.
3.3. The provisions on process and protocols of judging the cases in
procedural activities of Vietnam’s feudal state
3.3.1. Laws on protocols of suing, admitting cases were objective,
clear, tight, synchronized, unified


14
Procedural law allowed two types of suing. Firstly: submitting the
paper of accusation at the head quarter of state organs in accordance with
the related provisions; Secondly: If the case was immediate and needed to
be report as soon as possible, it was allowed to make the sound by
drumming at the head quarter of state organs and the officials must handle
it immediately [54, p.278, 281]. In principle, when a paper was submitted,
it must be attached with the evidence and be compatible with the regulated
form [56, p.239, 251, 253, 297] [54, p.297]. If the submitter could not write
then he or she might be helped. On the form of the paper, it needed to
include the time, the truth of event [57, p.184] (Article 508 of “Quoc trieu
hinh luat”). The laws based on Confucianism so that a person must not
accuse his or her parent and grandparent, the wife must no accuse her
husband. If the siblings accused each others, the one who made fail would
be punished more. In the choosing between family’s gratitude and social
obligations, the traditional laws chose family’s gratitude. Article 306 of
“Hoang Viet luat le” explained that “family’s gratitude is the irreplaceable
nature”. The choosing of traditional laws was accurate and incisive. The
traditional laws prohibited the accusation without name because it was evil
(Articles 502, 504, 511, 512 of “Quoc trieu hinh luat”) (Article 302 of
“Hoang Viet luat le”) [58].
An important content with was regulated in “Thong le kham tung” of
“Quoc trieu kham tung dieu le” on the limitation of time for submitting the

accusation: “The time limitation on the land and thief is 3 months, murder
is 4 months, marriage is 2 months with the stated date is when the accused
was arrested” [54, p.275]. If this limitation was exceed, the accusation
with be suspended. “The suing which was lengthened for years could not
be admitted” [54, p.274].
The codification of “Hong Duc nien gian chu cung the thuc” regulated
70 forms of procedural papers,“Quoc trieu thu khe the thuc” regulated
form of testament and contract, “Hong Duc hon gia” regulated the process
of marriage,“Hong Duc thien chinh thu” with 228 provisions were mostly
on civil cases and land [54, p. 297, 298, 299, 300].
In “Hoang Viet luat le”, the admitting of the suing was also regulated
with the procedural officials:“The officials must be quick to admit the
accusation”. If there were any neglect of officials, they will be punished.
(Article 303 of “Hoang Viet luat le”. With the criminal cases, when they
happened it must be accused. All the cases of murder would be solved by
the provincial officials [58].
The documents showed that the laws was respected in the procedural
activities of imperial feudal state of Vietnam.
3.3.2. The provisions on investigation was progressive, based on
evidence and objective truth


15
On investigation. The form of procedural documents, namely
accusation and evidence were regulated clearly in the law [165] [197] [63].
For ensuring the integrity and objectivity, “Quoc trieu hinh luat” and
“Quoc trieu kham tung dieu le” also regulated clearly the procedural
process. In the investigation, the officials must be obliged with the
provisions on detention, interrogation and torturing (Articles 668 and 669
of “Quoc trieu hinh luat”) [54, p.281-311] (Article from 701 to 704 of

“Quoc trieu hinh luat”) [57] [58]. There were provisions on investigation,
evidence, interrogation and mitigation of the elderly, children and
disabilities (Article from 361 to 378 of “Hoang Viet luat le”).
3.3.3. The provisions on court of instance, court of appeal and final
court
3.3.3.1. The provisions on court of instance
Court of instance needed to ensure the process, evidence, law and
responsibilities of judges. The judging had to be obliged with the time
limitation and if not, the judges might be punished (Articles 670 and 671 of
“Quoc trieu hinh luat”) [54, p. 271, 272]. On the evidence, it is an
important issues on procedural process. Accordingly, “Quoc trieu kham
tung dieu le” regulated that the judging must be reasonable. The land cases
based on the contract, the marriage cases based on certificate, the inherit
cases based on testament. The principle of respecting evidence was be
prioritized. The provisions on instance court, therefore, were progressive
and humanity.
On the legal base, in judging, the principle were legal based. But in
some cased related to minority ethnics, the judging could be flexible. So
that, in the process of applying and implementing laws, the subjects needed
to concern to the context and conditions [10, p.389].
Confucius said that: “I can judge like another but the difference is
make no litigation”. “The officials, in case of judging, have to clearly solve
the case to comfort all persons”. [55, p. 239] [56, p. 240]. For all cases, the
responsibility of instance court was most high and the judges had to be
careful [56, p.292].
3.3.3.2. The provisions on court of appeal
The provisions on court of appeal ensured the protocols, time
limitations and the process was reasonable. According to the law, before
judging, the judges had to meet and debate seriously (Article 720 of “Quoc
trieu hinh luat). The officials had to implement their obligation

enthusiastically. If all the truth were exposed reasonably but the accused do
not accept, he or she will get more punishment (Article 721 of “Quoc trieu
hinh luat”) [54, p.279].
3.3.3.3. The provision on final court with three levels, the highest level
was central government and the king is the highest judge


16
In “Quoc trieu Hinh luat”, “Hoi dong Dinh nghi” and the officials had
right to debate and the king would make the final jurisdiction by his own
decision [57, p.244]. “Hoang Viet luat le” regulated on the court in autumn
was the final court (Article 376 of “Hoang Viet luat le”) [52, p. 322, 333,
335, 336, 415]. In general, the cases had to be considered carefully by a
council of the central government officials which led by the king.
3.3.4. The provisions on implementing the jurisdictions, amnesty
The amnesty of state have to be accordance with the socio-economy
condition and the reality. There were eight cases of amnesty not including
women, children, elders and disabilities.
Implementing jurisdiction was the important mission of procedural
activities. “Can can cong ly” and “Ao hinh giai Trai” were always the
symbol of the integrity and transparency of judges. In “Quoc trieu hinh
luat”, the officials could be fined if submit to implement a death penalty in
the festival days (Articles 676 and 710 of “Quoc trieu hinh luat”) [57,
p.230, 241]. In “Hoang Viet luat le”, the time for implementing death
penalty was autumn (Book 179 – “Kham dinh Dai Nam hoi dien su le”).
Amnesty was a humanity policy of state. Normally, the scope of
amnesty were women, children, elders, disabilities, “Bat nghi”, foreigner
(Articles 21, 22, 33, 133, 369, 385 of “Hoang Viet luat le”) [58]. In case of
natural disaster, the king could amnesty for many persons. The general
criminal policy was using punishment to reduce punishment. In some

cases, the civilized punishment was also a value of feudal procedural law of
Vietnam [31,32,33].
3.4. The provisions on classifying cases in procedure of feudal law
of Vietnam
It could be considered that the classifying cases was one of the most
progressive content which showed the specialty of the cases in Le-Trinh
dynasty. In comparison with today, the cases could be classified into
criminal, civil, administrative and office aspects.
3.4.1. Procedural law in criminal aspect
3.4.1.1. Precedent on murdering (Precedent number 15, “Quoc trieu
kham tung dieu le” The precedent on murdering were regulated mostly in
the Precedent number 15, including 8 articles, from article number 66 to
73, “Quoc trieu kham tung dieu le”. 3.4.1.2. Precedent on thieving
(Precedent number 16, “Quoc trieu kham tung dieu le”) (Articles 16, 74,
75 and 76, “Quoc trieu kham tung dieu le”). In case the grandparent or
parent or children hide the criminals because of gratitude, it is not
prohibited, the female thief was reduced the punishment. (Articles 429,
450, “Quoc trieu hinh luat”). 3.4.1.3. Precedent on affray (Precedent
number 22, “Quoc trieu kham tung dieu le”) If the affray was happened,
the wounded one had to report, the village’s officials had to investigate and


17
recognize clearly the time of investigation. 3.4.1.4. Precedent on gambling
(Precedent number 27, “Quoc trieu kham tung dieu le) The contracts in
gambling were all prohibited and a half of the value of these contracts
would be offered to the accuser. Precedent number 27, Article 125
regulated that the loser in gambling was obliged by the winner to sell his
own land and it was prohibited and punished toughly [54, 55]. .
3.4.2. Procedural law in civil aspect

3.4.2.1. Precedent on land (Precedent number 17, “Quoc trieu kham
tung dieu le”) The precedent on land related mostly to the privatization of
public land. Article 84 of “Quoc trieu kham tung dieu le” regulated that the
case of privatization the offering land had to be solved by the district
officials (Article 82, 89 and 85). On the limitation time of suing: If the
suing did not exceed 5 years, it would be solved. In three months, it must
be judged. The limitation of time in case of relating land was not much
more than 600m2 was 2 months. The government had many means to
prevent the privatization land of the officials [54, 55]. .
3.4.2.2. The precedents on insulting, fornication, marriage, loaning
(Precedents from 23 to 27 “Quoc trieu kham tung dieu le”) Precedents on
another civil cases (Precendents from 28 to “Quoc trieu kham tung dieu
le”)
Precedent on insulting: When the insulting was happened, the village’s
official had to make a report with a copy and the head of village must sign
at this report. Precedent on fornication: The officials had to investigate the
fornication if there was a report on this case in 10 days. Precedent on
marriage: The marriage had to go through the ceremonies of “Van danh”
and “Nap trung” (Article 315 of “Quoc trieu hinh luat”). It was prohibited
to refuse the marriage arbitrarily and impact to the fame of both groom and
bride families. Precedent on loaning: the mortgagee was prohibited to
capture the debtor. If the debtor family had a funeral, the mortgagee had to
wait to make a dues [54, 55]. .
Loaning was a common civil relation in society. The law prevented the
arbitrary actions of mortgagee to make the debtor become distress.
Precedent on tomb and grave: If the parties could mediate together, the
officials had to recognize this mediation to stop the suing and reduce the
fee.
3.4.3. Procedural law in administration, finance: The precedents on
administrative officials: suing on corruption, abusing tax (Precedents from

18 to 21 “Quoc trieu kham tung dieu le”) and another documents.
On the authorities to judge the cases related to officials: belong to
“Hien ty” in province and “Ngu su dai” in capital. The responsibility on
compensation of officials was regulated clearly .


18
The steps of suing the abusing: laws had re regulations on the subjects
and the process of suing the abusing of officials. Precedent on officials
prevented the judicial officials to affiliate to abuse their powers. If the
corruptions were happened, all the officials would be punished [54, 55].
3.5. The provisions on military judicial administrative regime of
officials and some telling cases in imperial feudal time of Vietnam
3.5.1. The provision on military judicial administrative regime of
officials
Imperial examination and appointing officials had an imperative
importance. According to the principle of “Kinh thu”, from Ly-Tran to LeNguyen dynasty, imperial examination was the most methods to recruit
officials. “The talent is the strength of nation, imperial examination is the
way of officials” [9, p.442- 450]. The chapter “Vi che” included 144
provisions on the judicial administrative regime of officials and imperial
examination (Articles 97, 98, 100, “Quoc trieu hinh luat”).
The crimes of judicial officials were regulated clearly with high
punishment. The code determined clearly 24 circumstances on the abusing
power of officials and it was the base verdict. If an officials reduced the
punishment for the accused, he could be punished (Articles 686, 720, 721,
722 of “Quoc trieu hinh luat”). In case of complicated circumstance, “Cong
dong dinh nghi” would determine the crime and the king would decide
(Article 375 of “Hoang Viet luat le”).
3.5.2. The reality of some telling cases in imperial history of Vietnam
According to historical documents, from 15th to 19th century, there were

more than 500 briefly recorded cases. The comparison of these cases could
give us much information and also many unknown issues need to be
analyzed and explained. According to the statistics in historical documents,
from 1428 to 1789, there were more than 200 telling cases were recorded
(56 cases in “Dai Viet su ky toan thu” book 2, 54 cases in “Dai Viet su ky
tuc bien” book 3 and 89 cases in “Dai Viet su ky tuc bien”). Statistics in
“Dai Nam thuc luc” and “Minh Menh chinh yeu”, there were 380 cases on
the officials violated in sercutiry, military, politics, and official’s regime.
There were 80 cases in Gia Long’s reign, 130 cases in Minh Menh reign,
60 cases in Thieu Tri’s reign and 110 cases in Tu Duc’s reign [12-21].
Are there experienced lessons from the traditional history of
precedents?
Firstly, recorded history of precedents showed that all the erratic cases
related to politics and military. The cases were maintained in the people’s
mind through many generations. That means Vietnamese people concern to
the fade of nation.
Secondly, some cases showed the family gratitude and the filial piety.
Some characterized cases were recorded in “Hong Duc thien chinh thu”,


19
namely the litigation between siblings and the jurisdiction of judge, case on
worship land, case of son admit his father’s sins. There was a humanity
case such as Mrs. Nguyen Thi Ton went through thousands of miles to
make a petitioning for her husband at a not working day. This case made a
change on the law of state. The king Minh Menh punished his princes Mien
Phu and Mien Tham who abused powers. [220, p. 200, 203, 204, 244].
Thirdly, researching the cases is a way to realize the reality of society
and the implementing of law.
Conclusion of chapter three: In general, both the feudal law and

feudal procedural law of Vietnam had some unique and progressive
achievements. They were the combination of the nationality and
contemporaneous context, the integration by learning China but also keep
the own characteristics. Promulgating, implementing, amending and
codifying procedural law from local to central government, from civil to
military, from criminal to administrative aspect were the achievements of
the imperial state of Vietnam.
CHAPTER FOUR. THE HISTORICAL AND
CONTEMPORANEOUS VALUES OF FEUDAL PROCEDURAL
LAW IN JUDICIAL REFORM AND RULE OF LAW IN VIETNAM
TODAY
4.1. The historical values of feudal procedural law of Vietnam
4.1.1. Historical values on legislation and legislative technique
The values on legislation always have the heritability and initial
develop: The most progressiveness in legislative technique is that feudal
state of Vietnam is the most early nation that promulgated the first
specialized procedural code in Asia. This code made the new position to
the judicial regime in imperial Vietnam.
The talent legislators were recognized in history namely Ly Thai Tong
in Ly’s dynasty, Truong Han Sieu, Nguyen Trung Ngan and Tran Minh
Tong in Tran’s dynasty, Le Thai To, Le Nhan Tong, Le Thanh Tong,
Nguyen Trai, Phan Phu Tien, Than Nhan Trung, Do Nhuan, Dam Van Le
in Le’s dynasty, the lord Trinh Sam and Nguyen Hoan in Le-Trinh dynasty,
Gia Long, Minh Menh, Nguyen Van Thanh, Vu Trinh, Tran Huu in
Nguyen’s dynasty [54, p.279] [9,10,11].
4.1.2. Historical values on constructing progressive legal system
Values on the combination of theoretical science and the regulation
The nation sovereignty and national independency were always the
values on theory and practice of imperial state of Vietnam. According to
the evaluation of Oliver Oldman, Harvard University, on “Quoc trieu hinh

luat”: “It is a perpetual endeavor to build a strong national state and the
protecting the legal rights of private possession by a progressive legal


20
system” [57, p.19][58][54,55,56]. The “reverting of punishment” was the
application of value principle in punishment and the important
progressiveness in the legislative technique of feudal state of Vietnam
[31][35, p.153]. Procedural law included the universality of society. The
code have the long and stable validity and gradually became the national
customs. The code and the content on procedural law had a long value and
took root into the community until now.
4.1.3. Historical values on the content of feudal procedural law of
Vietnam to protect the state and society: Procedural law was a tool for
protecting state and national administration. The imperial state was
established to implement the basic functions including organizing,
constructing, subducting and protecting [54, p.51-201][46, p.10 - 120]. In
“Quoc trieu hinh luat” and “Hoang Viet luat le”, there were many
provisions on protecting imperial state, national security, border and
ethnics: Articles 2, 411, 412 of “Quoc trieu hinh luat” and Article 223 of
“Hoang Viet luat le”, Ten Felonies, “Dao tac” and the provision on
protecting Van Don harbor, controlling the trade and security at the border
(Articles 614, 615 and 616 of Quoc trieu hinh luat)[58]. Procedural law
protected the economy, politics, culture and society. According to Phan
Huy Chu, “During 20 years, the nation has changed. It is the god’s mind to
give Nguyen’s dynasty a chance to unify the nation”[9, p.41].
4.1.4. Progressive and humanity values of feudal procedural law of
Vietnam
The scholars M. Aikyo and T. Inaco stated in a research work on South
East Asian that: Historical law of Vietnam did not unified with Chinese law

[97, p. 58, 59, 60]. The legal status of women was protected, the
punishments were reduced. According to “Quoc trieu hinh luat”, with the
female thief, law regulated to reduce the punishment [169, p.33, 149, 159]
(Article 1, 401-410, 429, 680, 709 of “Quoc trieu hinh luat). The humanity
and family’s gratitude of Vietnam’s traditional law also had the filial
values in the litigation on possession, contract, inheritance, compensation
and relations between the relatives. The classifying based on cases was one
of the most important achievements of traditional procedural law of
Vietnam [138, 139]. Monitoring judicial procedure was the special legal
mechanism to protect the laws. Fining and converting the punishment to
fining, the rule of value was applied in the punishment and its application.
This provision was favor to all parties and could prevent corruption and the
abusing power in judicial activities. The former and latter laws would make
the condition for the developing of society.
4.1.5. The unique values of traditional procedural law
Firstly, there was no separation between substantive law and procedural
law. Secondly, there was no independency on the organizing of powers


21
amongst legislation, execution, judiciary, military security. Thirdly, the
border amongst criminal, civil, administrative, disciplinary and military
procedure was relative. Fourthly, administrative organs and procedural
implementers and responsibility of officials were tough. Fifthly, the
punishing of judges when they violate the laws were tough. Sixthly, the
classifying procedural protocols based on cases had many meaning in the
new era.
4.2. The contemporaneous values of feudal procedural law of
Vietnam
4.2.1. The theoretical contemporaneous values in constructing and

applying feudal procedural law of Vietnam: Contemporaneous on
legislation: It needs to have the talent legislators who design legal system
both in theory and practice and establish the legislative council including
the most prominent scholars. Contemporaneous values on execution and
judiciary: it needs to establish the administration compatible with the
handling violations in order to ensure national security, national
sovereignty, social development and good governance. Contemporaneous
values on procedural judiciary are the aiming to legal integrity. Theoretical
values of laws on legislation, execution and judiciary in constructing
procedural law were to protect citizen, protect human rights, ethnics and to
punish the law violation.
4.2.2. The contemporaneous values in constructing and applying
procedural law in judging of Vietnam’s feudal state
4.2.2.1. The constructing of an unified judging model and monitoring
procedure
The inquisitional system in “Quoc trieu hinh luat”, “Quoc trieu kham
tung dieu le”, ‘Hoang Viet luat le” have many values in globalization era,
the prioritization of public procedure which is comprehensive. The
traditional monitoring of procedure was relatively scientific and
consolidated. In reality and history, the procedural model combined
inquisitional and adversarial system had some priorities. 4.2.2.2. The
procedural activities and judicial administration based on regional
geography combined with the village’s law: in Le Thanh Tong’s reign,
there were the provisions allow the villages to promulgate the private laws
[35, p.103]. This phenomenon was showed by “ Quoc trieu hinh luat”,
“Hoang Viet luat le”, “Hong Duc thien chinh thu”, “Quoc trieu kham tung
dieu le” and the law of Vietnam’s feudal state from 15th to 19th century.
This issue could be learnt to promote the forces from the basis to
administrate and handle the violations in procedure. 4.2.2.3. The classifying
cases in specialized procedure and the new innovative values: Procedural

law in Le-Trinh’s dynasty was specialized in each type of cases. These
regulations were proper, progressive and effective [54, p. 373-378]. The


22
author Vu Van Mau also stated that procedural law which was specialized
and classified based on cased would make the convenience in the
international litigations.
4.3. The solutions on inheriting and developing the achievements of
feudal procedural law of Vietnam in the judicial reform, rule of law in
contemporary Vietnam
Based on traditional law research, the thesis author recommends some
solutions based on the link between the traditional and developing factors,
including: 4.3.1. Building the ideology of rule by law, rule of law and
human right; 4.3.2. Building the state and judicial institutions combining
the centralization and decentralization of powers along with enhancing
controlling powers, 4.3.3. Proper legislation and mechanism for controlling
powers; 4.3.4. Applying the punishment strictly; 4.3.5. Educating,
recruiting and appointing proper judicial human resources; 4.3.6.
Authorities and obligations of the public sector in procedure; 4.3.7.
Classifying based on cases professional and effective; 4.3.8. The unified
solutions in judicial reform.
It needed to continue to research more on judicial procedure of Vietnam
in history. Based on this, the dimension to develop and integrate could be
expected for the future of procedural models. The near dimensions are:
Firstly, Educating the human resources to integrate who can use
international language fluently and have a huge knowledge on the nations
in the world.
Secondly, Directing the judiciary based on the principle that protects
Vietnamese person in the world.

Thirdly, Incorporating the adversarial system and inquisitional system
and promoting the national traditional achievements and values.
Conclusion of chapter four
The history of Vietnam from 15th to 19th century with the creating of
the Codes had brought the unique achievements for procedural law in an
imperial state administration. There were not only the values on legislation,
execution, judiciary, politics, economy, culture, society and security but
also the confirmation that the level of state administration on judiciary was
progressive. Although there were a few drawbacks but the values on theory
and practice of constructing and implementing procedural law of feudal
imperial state of Vietnam has been recognized, researched, learnt, inherited
and developed by the latter state through the history.
GENERAL CONCLUSION
1. Researching the constructing and applying procedural law of feudal
state of Vietnam from 15th to 19th century shows the achievement of
legislation on the methodology, historical development, nature, principle
and characteristic of procedural activities. The legal values on the content,


23
authority, process and protocols of judging activities. The achievements
and drawbacks in applying and implementing law. The solutions need to be
inherited and developed. The experiences on constructing legislative
ideology, the structure of the provision in drafting the law and the concrete
provisions of the code. Thus, the applying of the progressive achievements
in legislation of feudal state of Vietnam in order to fit with the development
of new society is imperative.
2. Although procedural law of imperial feudal state of Vietnam from
15th to 19th was not the most perfect legal system but it could be considered
the most achievement in this period when there was no nations in the world

had a specialized procedural code. Although the powers were centralized
and the provisions and punishments were draconian but it showed the
progressive legislative ideals. Because of the importance of procedural law
in constructing and governing nation, along with the process of history, all
the states prioritized in constructing legal system including procedure. Base
on the principles, rules and basic dimensions, traditional procedural law
established the proper provisions to ensure the integrity and efficiency of
judging.
3. With the codes of imperial feudal state of Vietnam, although in
research there are many barriers on language, grammar and the truth of
translated documents but the values on legislation, execution and judiciary
of the application of legal documents to regulate and govern the relations
on state, society, individuals and families cannot be negated. The
contemporary legislator would concern on designing the law, the
assumption on solving cases, the solutions on operating and applying law
and the values of a humanity judiciary to contribute to procedural activities
and the transforming of these values to construct and apply the law
properly in today’s period.
4. The purpose of referring and using the historical documentary
sources with the referring of the legislative experiences of the nations in the
world is to aim to bring the achievements in legislation, to ensure the
systematicity in the intents of nation, to gradually contribute to judicial
reform and administration on judicial aspect based on human rights
approach.
5. In the process of researching and comparing, we could realize that if
the constructing and promulgating of the new legal documents and
amending current laws to develop the economy and integrate to the
international trading do not achieve the intents then the researching and
applying the achievement of imperial feudal state is very important with
many sustainable values.

The detecting more legal documents on procedure in Le Thanh Tong
reign with the amendments in Le Trinh dynasty brought many


24
achievements to the research on feudal procedural law of Vietnam. It
confirmed the objective evaluation of the
Westerner scholars in the Almanach: from the 15 century, when Europe
were on the dark age with the domination of the law of lord and church, in
Vietnam and China there were the codes which they progressiveness
astonished the Westerner researchers. It also be confirmed by the scholar
Vu Van Mau in the translation of “Hong Duc thien chinh thu”:“It is the
spirit of own ancestors has concluded through many layers of history”.
Looking back to the history, looking forward to the world, fixing our self,
dimension to the future. The root of family and nation are always the basis
for creating future and learning from the history is always the proper
lesson. Traditional not only have meaning with the contemporaneous state
but also have meaning and precious experience in constructing legal
system nowadays, especially in legislation, execution and judiciary to
contribute to construct the socialism rule of law for affluence people,
strong nation, democracy, civilization, peace, progressiveness and
development for“independent nation, free citizen’s rights and happy
citizen’s life” as the hope of president Ho Chi Minh.
Procedural law not only protects the justice through the legal protocols
but also establishes the mechanism for implementing judicial power
through the activities of Courts, Public Prosecution, Investigation and the
Socio-political organizations. In the current legal system of Vietnam,
procedural law is gradually amended to be more concrete to have more
proper provisions on content, progress and protocols of procedural in the
criminal, civil, administrative, economic, trade, financial, labor and land

cases to ensure the justice and the strictness of law, to gradually reform the
judiciary, constructing rule of law with the dimension of profession,
efficiency, progressiveness, integration and development.