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VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
L

NGO THI THU HOAI

HUMAN RIGHTS ASSURANCE IN THE
VIETNAMESE FEUDAL LAW

Major: Constitutional Law and Administrative Law
Major code: 9.38.01.02

SUMMARY OF THE DOCTORAL DISSERTATION
IN LAW

Hanoi - 2019


The dissertation completed at Graduate Academy of Social Sciences,
Vietnam Academy of Social Sciences

Supervisor: Assoc. Prof. Dr. Nguyen Thi Viet Huong

Reviewer 1: Prof. Dr. Phan Trung Ly
Reviewer 2: Assoc. Prof. Dr. Tuong Duy Kien
Reviewer 3: Assoc. Prof. Dr. Le Van Long

The dissertation will be defended at Graduate Academy Level Council of
dissertation assessment at Graduate Academy of Social Sciences, Vietnam
Academy of Social Sciences, 477 Nguyen Trai, Thanh Xuan, Hanoi.
Time: ………… date ………. month …… …year 2019

The dissertation may be found at:
- Vietnam National Library;
- Graduate Academy of Social Sciences Library


INTRODUCTION
1. The necessity of the research topic of the dissertation
Human rights are historical products associated with each country’s
cultural traditions, political regimes and economic development. The law
regulates human rights, therefore, it is also necessary to preserve and
promote the national tradition, moreover, “lawmakers cannot borrow
foreign laws that are not consistent with the social context and the
people’s aspirations”.
Stemming from the meaning and importance of the issue, so
Vietnamese feudal state and laws were studied quite early in our country.
Due to many different reasons, however, previous research works have not
intensively examined laws of this period as well as human rights
assurance in a unified whole closely associated with political, economic
and socio-cultural conditions so as to point out contemporary values of
ancient law towards the human rights assurance. Therefore, these are
issues that need to be clarified and are also the reason why the author
decided to choose the research titled “Human rights assurance in the
Vietnamese feudal law” as her doctoral dissertation and wish to contribute
to decode comprehensively and systematically relevant contents.
2. Research purpose and tasks
The overall purpose of the dissertation is to build scientific arguments
for proposing a system of solutions to acquire and inherit contemporary
values and lessons learned about human rights assurance in the
Vietnamese feudal law in the context of building the rule-of-law state in

Vietnam today.
To accomplish this purpose, the dissertation aims to address the
following tasks: First, it seeks to systematize the theoretical perception on
human rights assurance in general. Thenceforth, it clarifies the basic
theoretical issues on human rights assurance in the feudal regime of
Vietnam and points out factors affecting the human rights assurance in the
Vietnamese feudal law. Second, to learn and present opinions about the
current situation of human rights assurance in the Vietnamese feudal law.
Since then, it points out the progressive values and humanities, as well as
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limitations due to historical elements to the guarantee of human rights in
this period. Third, to propose a system of solutions to inherit values of
human rights assurance in the Vietnamese feudal law as well as
limitations and solutions to overcome the limitations of history.
3. Research subject and scope
Research subject: The dissertation focuses on studying the theoretical
issues on human rights assurance and the reality of human rights
assurance in Vietnamese feudal laws.
3.2. Research scope:
Regarding content: there are many forms to ensure human rights but in
this study, the dissertation just explores the field of legal guarantees. The
adjustment of Vietnamese feudal laws on human rights assurance will be
analyzed through codes to be codified through Vietnamese feudal
dynasties. Spatially, the dissertation seeks to assess the spatial scope of
Dai Viet feudal state. Regarding time, the study examines the adjustment
of Vietnamese feudal law was built during the period of independent
feudal state (between 938 and 1885).
4. Methodology and research methods

To ensure the scientific and political nature of the research results, the
dissertation is based on the following theoretical foundation: The views of
Marxism - Leninism on human rights; Ho Chi Minh’s thought on human
rights, especially Ho Chi Minh’s thought on human rights that originating
from the tradition of solidarity, love and patriotism of the Vietnamese
people; his ideas of human rights that originating from cultural traditions
of Confucianism and Eastern Buddhism; the theory of international law on
human rights.
The study utilizes basic research methods of legal and historical
sciences, studying history, bibliographies combining with the state history
and law. In addition, the study utilizes methods of comparison, analysis,
synthesis, logic and interdisciplinary social science method
5. New contributions of the dissertation
First, the dissertation seeks to systematize the theoretical perception of
legal guarantee of human rights in general. Thenceforth, the dissertation
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clarifies issues on human rights assurance in the specific context of
Vietnamese feudal society. Second, the dissertation assesses contents and
the reality of human rights assurance in the Vietnamese feudal law. Third,
the dissertation identifies the viewpoints and proposes a system of
solutions to inherit contemporary values, as well as drawing lessons and
experiences of the history of ensuring human rights in the Vietnamese
feudal law in the context of globalization and building the socialist ruleof-law state in Vietnam today.
6. Theoretical and practical significance of the dissertation
Theoretically: the dissertation contributes to the interpretation of
theoretical and practical bases so as to build a culture of human rights in
Vietnam consistent with international standards and inheritability from
national traditional culture. Regarding institutions and policies, the

dissertation set up a scientific basis for perfecting the advanced law imbued
with national identity to further ensure human rights; building a rational
policy to combine harmoniously the universality and specificity of human
rights in the current globalization process. Practically, the study provides
specific recommendations to inherit and develop the law of human rights in
Vietnam today.
7. Structure of the dissertation
Besides the introduction and conclusion and references, the dissertation
includes 4 chapters:
Chapter 1: Literature review
Chapter 2: The theoretical issues on human rights assurance
Chapter 3: The reality of human rights assurance in the Vietnamese
feudal law
Chapter 4: Contemporary values, lessons learned and inherited
directions to overcome issues of human rights assurance in the
Vietnamese feudal law.

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Chapter 1
LITERATURE REVIEW
1.1. Research works related to the dissertation title
1.1.1. Domestic research works
Research works on theoretical issues on human rights assurance:
Human rights assurance in Vietnam in the context of globalization and
international integration – issues and solutions by Dang Dung Chi (2008),
Ministry-level project; Human rights in Vietnam from theoretical
perception to practical action by Prof. Vo Khanh Vinh (2010), Ministrylevel project; Human rights in China and Vietnam (tradition, theory and
practice) published by the Human Rights Research Center of the Ho Chi

Minh National Political Academy and the Human Rights Research
Association in China in 2003; Mechanism to guarantee and protect
human rights by Prof. Vo Khanh Vinh, Social Science Publishing House,
2011; Vietnamese thought on human rights by Prof. Pham Hong Thai
(ed.,), Truth-National Political Publishing House, 2016; The assurance of
human rights and citizen rights in Vietnamese administrative law (some
issues of methodology and research orientation) by Pham Hong Thai &
Nguyen Thi Thu Huong in the Journal of Science, Hanoi National
University.
Research works on Vietnamese feudal law and the reality of human
rights assurance in the Vietnamese feudal law: “Examining Vietnamese
legal system in the 15-18 century” by Dao Tri Uc (ed.,), Social Sciences
Publishing House, Hanoi, 1994; Some issues on Vietnamese civil law from
the 15th century to the French colonial period by many authors of the
Institute of Legal Science Studies - Ministry of Justice, National Political
Publishing House, 1998; The dynastic law, the formation, contents and
values by Dr. Le Thi Son (ed.,), Social Sciences Publishing House, Hanoi,
2004; Vietnamese state and law in the feudal period by Bui Xuan Dinh,
2005.
Research works on contemporary values of Vietnamese feudal laws on
human rights assurance: “The Hong Duc Code – Vietnamese unique legal
and cultural heritage by Le Duc Tiet, the Judicial Publishing House,
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Hanoi, 2010; The state and law of post-Le dynasty on human rights
assurance by Dr. Nguyen Minh Tuan & Dr. Mai Van Thang (eds.,),
National University Publishing House, Hanoi, 2014. In addition, there are
some articles such as “Vietnamese feudal law and women right
protection” by Tran Thi Tuyet, the State and Law Review, No. 4/1996;

“Some basic contents and values of human rights in the dynastic law” by
Nguyen Thanh Binh, Journal of Philosophy, No. 7/2008; “Aspects of
human rights, citizen rights and state management in the dynastic law” by
Cao Quoc Hoang, Journal of Philosophy, No. 7/2005; “Quoc Trieu kham
tung dieu le along with the protection of the legitimate rights and interests
of human beings” by Dr. Nguyen Minh Tuan, Journal of Legislative
Studies, No. 1(281), Vol. 1/2015; “The Hong Duc Code for teenagers and
vulnerable children in the society” by Luong Van Tuan, Youth Journal,
2011; “Inheriting progressive and humane provisions for vulnerable
people in the dynastic law” by Luong Van Tuan, Journal of Legislative
Studies, 2012.
1.1.2. Foreign research works
“Vietnam and Chinese Model. A Comparative Study of Vietnamese
and Chinese Government in the First Half of the Nineteenth Century” by
Alexander B.Woodside, Harvard University Press, 1971; “The Law of
property and Elete prerogative Duong Vietnamese Le Dynasty 1428 –
1788” by Stephan B. Joung, Journal of Asian History, No. 10/1976; “Law
and Society in seventeenth and eighteenth century Vietnam” by Prof.
Insun Yu, Social Sciences Publishing House, Hanoi, 1994.
1.2. Assessing research situation
1.2.1. General assessment
In general, it may be seen that, although the number of research works
related to the dissertation is quite large, so far there have not been any
research work to examine systematically, fully, comprehensively and
directly human rights assurance in the Vietnamese feudal law so as to
propose solutions to inherit this issue in modern law. These works have
mainly focused on the general development of the state and feudal law of
Vietnam but have not focused on learning law on the guarantee of human
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rights and interests in a unified overall closely associated with the
political, economic and socio-cultural conditions.
1.2.2. The advantages and contents were inherited and developed in
the dissertation
Theoretically, previous research works have mentioned the concept of
human rights assurance and clarified the meaning of this concept. Some
authors have analyzed the position and role of the legal guarantee of
human rights in many types of guarantees. Regarding the reality of human
rights assurance in the Vietnamese feudal law: previous research works
have pointed out the progressive points that feudal legislators have
successfully implemented such as the legislative views in managing the
country in the fields of land, inheritance, irrigation, crops, sovereignty and
national security, and especially, look after vulnerable people in the
society, responsibility of mandarins to bring a prosperous society in which
all people are concerned and protected by the state. In terms of proposals
and recommendations: previous authors have comprehensively studied
values of legislative thought, legislative techniques, policy of economics,
policy of using bureaucrats, criminal policies and civil policies.
1.2.3. Issues related to the dissertation but have not fully addressed
or have not examined
Theoretically: there has not been any research work to clarify the
concept and contents of human rights assurance in the Vietnamese feudal
law and have not research works analyze, synthesize and assess factors
affecting the adjustment of Vietnamese feudal law on human rights
assurance. Regarding the reality: there has not been any research work to
study comprehensively the reality of human rights assurance in the
Vietnamese feudal law. Regarding solutions and recommendations:
solutions have not yet been synchronized and systematic in the fields of
legal guarantees on human rights.

1.3. The posing issues related to the dissertation
1.3.1. The contents need to be examined in the dissertation
First, general concept of human rights assurance in the Vietnamese
feudal law (concept and contents). Second, studying factors affecting the
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adjustment of Vietnamese feudal law on human rights assurance. Third,
studying the reality of human rights assurance in the Vietnamese feudal
law. Fourth, studying some typical characteristics, legal and historical
values of the Vietnamese feudal state and law on human rights assurance.
1.3.2. Research questions
(1) What are contents and characteristics of human rights assurance in
the Vietnamese feudal law?
(2) How is the reality of human rights assurance in the Vietnamese
feudal law?
(3) What lessons learned and contemporary values that human rights
assurance in the Vietnamese feudal law left and the directions need to be
inherited and overcome the issue of human rights assurance in the
Vietnamese feudal law?
1.3.3. Research hypothesis
Ever since the issue of human rights has been raised and existed
throughout the national history, even during the monarchy period, the
Vietnamese feudal state had measures to guarantee the people’s basic
rights and interests, the legitimate rights and interests which the
Constitution of nations now call basic rights of human. One of the most
important and effective measures is to ensure legally human rights in the
Vietnamese feudal regime by specific ways such as guaranteeing human
rights by making them into basic legal rights of human; guaranteeing
human rights by safeguarding the acknowledged rights and assisting

implement the rights. Those are contents that make up the timeless values
of Vietnamese feudal law that there have been so far the inherited values
in the modern law. Due to the historical factors, however, in addition to
the progressive and positive aspects, there are also limitations and
negative aspects when reflecting the reality of human rights assurance in
the Vietnamese feudal law. Therefore, it is necessary to proactively inherit
and promote good elements and overcome backward elements to
contribute to ensuring and promoting the implementation of human rights
in the current context in Vietnam.

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Chapter 2
THE THEORETICAL ISSUES ON HUMAN RIGHTS ASSURANCE

2.1. Concept, contents and attributes of legal assurance of human
rights
2.1.1. Concept of legal assurance of human rights
Legal assurance of human rights is defined as the law creates
favorable conditions and environment for human rights to be certainly
accomplished through the law recognizes human rights, protect and
support the accomplishment of these rights in practice.
2.1.2. Contents of legal assurance of human rights
First, guaranteeing human rights by institutionalizing the rights of
human into legal rights.
Second, protecting human rights recognized by the law:
- Prohibiting acts that violate human rights
- Providing sanctions for those who violate human rights
- The law creates a legal basis for individuals to fight against and

protect their legitimate rights and interests.
Third, guaranteeing human rights by supporting the implementation of
human rights, namely:
- Building up the institutional framework: organization, apparatus, and
people so that the law and standards of human rights are realized in the
life.
- Building up the institutions to support the process of law enforcement
of human rights, especially the institutions to ensure the implementation
of human rights through a standard procedure process.
- Creating a favorable political and socio-economic environment that
support the access and enjoyment of many rights of social groups.
2.1.3. Attributes of legal assurance of human rights
- Ensuring human rights legally has a range of effects and effectiveness
in the whole society because the law has an outstanding attribute is that
common imperative.
- Ensuring human rights legally is the most effective mode because it is
done by educating, persuading and coercing enforcement when necessary.
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- Ensuring human rights legally is a way to be primarily implemented
by the state apparatus, tools and the impacting modes of the state.
2.2. Characteristics of human rights assurance in the Vietnamese
feudal law
2.2.1. Overview of the Vietnamese feudal law
2.2.1.1. Overview of the Vietnamese feudal regime
- Vietnamese feudal political and socio-economic foundation
As an agricultural country considering wet rice cultivation as the main
occupation but due to the harsh weather condition with natural disasters
and floods and the country was always invaded, the community cohesion

is very durable. The above socio-economic model has created prominent
features of human rights in traditional Vietnamese society: individual
human rights are associated with interests of the community. Individuals
associated with the community considering a need and a condition to
ensure the implementation of human rights in the village and the nation
lives.
- The ideological basis of the Vietnamese feudal regime
Among the multi-layered cultural complexes and beliefs and religions
of the Vietnamese feudal society, Buddhism, Taoism and Confucianism
have the most influence on the people. These beliefs, religions and
doctrines have impacted in many ways on the viewpoint of human rights.
2.2.1.2. Vietnamese feudal legal system
In terms of legislative achievements, the Vietnamese feudal dynasties
during the period of independence and autonomy (between 10th and 19th
century) enacted 5 codes including “Bo Hinh thu” (The penal code) of the
Ly dynasty; “Bo Hinh Thu” of the Tran dynasty; “Bo Quoc Trieu hinh
luat” (The royal court’s penal code) of the Hau Le dynasty; “Bo Quoc
Trieu kham tung dieu le” (The royal court’s penal procedures code) and
“Bo Hoang Viet luat le” (The Vietnamese emperor’s laws) of the Nguyen
dynasty. The legal achievements of the feudal period played a very
important role in strengthening the strength of the Dai Viet nation.
However, the laws of this period were harsh and barbaric of the rule-of-

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law; the prerogative nature of a Confucian society, so there were many
limitations in ensuring the basic rights and freedoms of human beings.
2.2.3. Contents of human rights assurance in the Vietnamese feudal
law

- First of all, through legal norms, human rights ideology is
institutionalized into law and becoming legal rights to be guaranteed and
respected.
+ The Vietnamese feudal laws apply strict penalties for dangerous acts
or deprivation of human life to protect the right to life of the people.
+ The Vietnamese feudal laws protect the people’s right to freedom
and personal safety.
+ The Vietnamese feudal laws have sanctions to protect the people’s
land ownership and their own property ownership.
+ The Vietnamese feudal laws have specific measures to protect and
defend the weak and the inferior in society such as single persons, disable,
sick, children, elderly and women.
- The Vietnamese feudal laws protect human rights that have been
acknowledged
+ The law protects basic human rights by the prohibited legal norms,
especially for bureaucrats in the state apparatus to restrain and prevent
violations and infringe upon the people’s legitimate rights and interests,
and the detailed regulations on sanctions to handle violations and
compensation.
+ The feudal dynasties were also interested in bringing the law closer
to the people. In the feudal society of Vietnam, however, when people
used to live under the customs and conventions more than the country’s
law, bringing the law to each individual faced with many difficulties and
obstacles.
- The Vietnamese feudal laws create some favorable legal conditions
for human rights to be implemented in reality. Specifically:
+ Through the law, the state builds up its apparatus and bureaucratic
system to maintain stability and create conditions for social development.

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+ Ensuring human rights through provisions of establishing procedural
procedures and creating institutions to support the implementation of the
law on human rights.
+ Through the law, the feudal State created conditions for political
stability, socio-economic development so as to access many rights of
social groups.
Thus, it may be understood: Human rights assurance in the Vietnamese
feudal law is a system of legal provisions in order to institutionalize the
idea of human rights; protecting and supporting the implementation of
such rights in practice, associated with the economic, political and social
conditions of this period.
2.3. Factors affecting human rights assurance in Vietnamese feudal
law
2.3.1. Time factor
In Vietnam, the struggle for human rights is always accompanied with
the struggles for and protection of national independence, sovereignty, and
territorial integrity. Individuals put the national interests at the forefront
and emphasize the individual’s responsibility and mission to society and
others.
2.3.2. Awareness factor
In Viet Nam, the implementation of human rights is inseparable, but it
is always expressed by human awareness and morality.
2.3.3. Legal tradition and culture
- The legal and cultural tradition in the state history and Vietnamese
feudal law is reflected firstly in the close relationship between the state
law and village rule. The village rule is the village’s customs and practices
in the form of documents or through word of mouth. It can be affirmed
that human activities and human rights in Vietnam are governed by

customs and practices.
- Dai Viet feudal law towards human values and human rights in civil
society.
- The reform and innovation aim to perfect the law enforcement
apparatus and bureaucracy
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- Codifying the law by specific, detailed legislative techniques and
ensuring convenience for people.
In addition to the positive legal and cultural values, there are also
negative factors hinder the development of legal culture and transmitted to
the social life at present. Because the law is seen as a tool of governance
and punishment, the Vietnamese gradually formed a psychology and habit
of living under the rules of the village, indifference to the country’s law.
2.3.4. The democratic state of the society
Vietnam’s feudal democracy is characterized by communal
democracy. The communal democracy has both positive and negative
aspects. In the context of feudal society, the factors of village democracy
have somewhat limited totalitarian oppression and promoted responsibility
of each person for the village and the country. However, with the nature of
communal democracy and collective democracy, the individual element
seems to be ignored and the democracy will not exist if the individual is
not put in relationship with the communal community. Thus, the
communal democracy is a power but this power is not based on the
liberation of people and respect for human rights, but binding people in
the community relations and just guarantee the equal rights of the people
as community members.
2.3.5. Characteristics of the relationship between the state and
individuals

The idea of the state-people relationship during the feudal period of
Vietnam did not put the people in the sovereign position of power.
Therefore, in terms of nature: the idea of state responsibility in the
feudal period of Vietnam is not completely similar to contents of the
state’s role and responsibility in serving the people, as well as
responsibility of the state and the people in activities of the socialist ruleof-law state of the people, by the people and for the people in our country
today.

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Chapter 3
THE REALITY OF HUMAN RIGHTS ASSURANCE IN
VIETNAMESE FEUDAL LAWS
3.1. Regulations on human rights in the Vietnamese feudal law
3.1.1. Living right in the Vietnamese feudal law
- The Vietnamese feudal law stipulates strict penalties for dangerous
acts or deprive others life.
- The Vietnamese feudal law stipulates responsibilities of bureaucracy
in caring and improving the people’s life to ensure their survival.
- The Vietnamese feudal law stipulates in some cases restricting the
use of death penalty.
3.1.2. Freedom and personal security in the Vietnamese feudal law
- Although there were limitations of the law with strict punishments,
the Vietnamese feudal law had many highlights through protection of life,
health, honor and dignity of human beings.
- The Vietnamese feudal law also had regulations to minimize the
abuse of power by dignitaries in the society and prevent wrongdoing.
From a specific perspective, freedom and personal security are expressed
in some procedural rights: The right to not be retroactive; the right to be

tried fairly and publicly by the authority and established by law; the law
recognizes and protects the right to appeal for those who have the right to
appeal.
3.1.3. Property ownership in the Vietnamese feudal law
The law not only recognizes and protects private property rights to
land, but also protects the private ownership to other properties. All acts
of infringing upon the property ownership of others are strictly punished.
The Vietnamese feudal law had specific provisions to recognize and
guarantee this right. However, in the monarchy, especially the Eastern
monarchy, only the King has absolute ownership; private ownership (for
land and other property) is restricted by the King’s ownership.
3.1.4. The rights of vulnerable and disadvantaged groups in the
Vietnamese feudal law

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When building ancient laws, in this period, lawmakers introduced
many regulations to protect the rights of vulnerable people such as
women, elderly, children, disables and offenders. This shows humane
tradition of Vietnamese people in the spirit of “the leaves protect tattered
ones”, “the red cloth drapes the mirror frame, people living in the same
country should be loving each other”
- Protecting and defending women rights
+ First of all, ancient law of Vietnam guarantees the right to marriage
and equality in the marriage of women in a certain extent.
+ The Vietnamese feudal law recognizes and protects women’s
property rights as well as their inheritance rights.
+ Based on specific factors of gender, the Vietnamese feudal laws had
more priorities for women: some regulations show the protection and

advocacy of women when applying penalties; in feudal society, women
dignity and “honor” are always respected and appreciated.
On the other hand, however, it is undeniable that there are still many
regulations of protecting patriarchal behavior and to value men above
women in the Vietnamese feudal law.
- Protecting the rights of the elderly, children and disabilities
- For offenders: The legal policy is therefore very strict but also has
many very lenient and humane points.
Thus, in addition to the classality of the monarchy law, the Vietnamese
feudal law still had humanitarian positive points in resolving people-topeople relationship, between the ruling class and the ruled class by norms
to protect the people’s rights and interests and fight against bullies and
bureaucracy; protecting the rights of the lower class, the slave and the
vulnerable group.
3.2. The reality of regulations on human rights assurance in the
Vietnamese feudal law
3.2.1. Prohibiting acts that infringe upon basic human rights
Many provisions of the Vietnamese feudal law had adjusted
bureaucracy behavior when performing public duties. The bureaucracy is
allowed for some behavior but there are also many regulations showing
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that the bureaucracy is not allowed doing. Especially provisions on on the
service of state interests.
3.2.2. Handling bureaucracy violations of human rights
In addition to raising obligations and responsibilities of the
bureaucracy, the Dai Viet feudal state showed determination and sternness
to all cases that the bureaucracy committed crimes affecting the interests
of the people.
The state bureaucracies are those who enforcing the assigned work,

representatives of the king power to manage territory but they must rely
on an exemplary, serving the people and take care the people’s lives.
However, the bureaucracies are persons who use power and violent means
so they are often more likely to abuse their positions and powers to make
their own benefits and bully the people. Therefore, the Vietnamese feudal
law had regulations to protect people from the violations of the court
bureaucracies.
3.2.3. Creating a base for the people so that they could protect their
rights
To be able to protect human rights, individuals must understand and
fully realize their rights. This means that it is necessary to bring the law to
the people. In fact, the Vietnamese feudal state has also had many flexible
measures to bring the law to the people. However, there may be a
panoramic view of the educational level in the feudal period was still
relatively low. Only a few people went to school and most of villagers
were illiterate or very low education. Therefore, the law enforcement on
human rights is limited by individuals’ capacity in protecting their rights.
3.3. The reality of regulations of supporting the implementation of
human rights in the Vietnamese feudal law
3.3.1. Building an institutional framework to support the
implementation of human rights
a. Establishing the organizational structure of the state apparatus to
limit arbitrariness
In terms of regime, the Dai Viet monarchy is an autocratic one.
However, the arbitrariness of the Dai Viet monarchy is not as extreme as
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the Chinese feudalism. The Dai Viet feudal state was not only
representatives of the King interests and the ruling class but was also

representatives of the nation and people’s interests. In order to ensure that
nature, the state apparatus must create a mechanism to control power in
the organizational structure to avoid abusing power and affecting the
people’s interests.
b. The state shall take measures to continuously improve qualifications
and capabilities of bureaucracies
- Bureaucracies were all good doctors in writing poems and know how
to rule the people, they had a high level of management and relatively
unify. The competitions are strictly organized and with comprehensive
contents, so it is possible to select persons with profound and
comprehensive knowledge to apply for the process of ruling people and
the country.
- In the process of using bureaucracies, the Vietnamese feudal state
paid special attention to and maintained the regular examination regime to
assess the advantages and disadvantages, what has been done and what
has not been done so as to determine talent and virtue of the
bureaucracies.
However, stemming from the nature of a feudal state, it is also
undeniable that, in fact, the Vietnamese feudal state apparatus was still a
bureaucratic, monarchical apparatus, demonstrating the king’s power by
holding power, making the political-legal regime had increasingly become
arbitrariness, to keep aloof from the masses and opposite to the people’s
interests.
3.3.2. Establishing a procedural process to create an institution of
supporting law enforcement on human rights
In the history of Vietnamese feudal law, it is paid attention to the
proceedings, this has great contributions to reduce lawsuits, maintaining
social order and protecting the people’s legitimate rights and interests,
especially the advantaged group. In addition, to enhance the effectiveness,
Vietnamese feudal law also had regulations on controlling litigation.

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However, in fact, with low education levels plus the fear of litigation,
so justice was still far away from the people. There were many
wrongdoings. One of the reasons for this situation is that bureaucracies
just applied interrogation while defendants did not have right to defend or
ask for defense counsels, they did not have right to litigate to refute the
accusations.
3.3.3. Creating a stable political environment, and socio-economic
development to support people assessing basic human rights
In order for human rights to be exercised, it is necessary to have
guaranteed conditions, in which the law is the most important but it is
necessary to have other factors such as politics, economy and society.
Therefore, in addition to institutionalize human rights, the Vietnamese
feudal law also created conditions for political stability, socio-economic
development so that people could access to the rights.
a. Political and social policies
- When enemies coming, the feudal court was the focal point of
solidarity and directing the people to fight against the enemies. This is an
important condition for the basic human rights to be exercised because if
the country was still enslaved, it was impossible to talk about the exercise
of human rights.
- In the history of the Vietnamese feudal regime, many “clearsighted
kings” had shown their spirit of seeking the truth by issuing “Chieu cau loi
noi thang” to listen to the opinions of bureaucracies and people about
good/bad things and how to rule the country.
- Some Kings allowed people to be claimed innocence: placing bell
towers in the left and right sides at Van Minh and Quang Vu palaces so

that people could ring the bell to claim innocence; placing the ark at the
Lord’s door so that anyone who is unjust or harmed by another person,
could write petition to present clearly incident, name and hometown in
order for reviewing easier, anyone left anonymous mail to slander other
person, will be severely punished.
- In addition to the above strategies, bureaucracies were mainly
recruited through examination, including commoners, this also bring
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certain effects for a stable political life and limiting bureaucracy. This
contributes to the adjustment of the state policies closer to the people.
a. Economic policies
With specific economic policies such as the division of land to farmers;
exempting and reducing tax and distributing to the people when have a
poor crop, the Vietnamese feudal state had guaranteed the minimum living
standard for each person and constantly improving living standards for
everyone. Thenceforth, the people could access and benefit their basic
rights. However, the implementation of social functions has contributed to
consolidating the state’s domination, the nationality and the people were
not able to obscure the state’s class nature. Therefore, conditions to ensure
the implementation of basic rights are also partly recognized.

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Chapter 4
CONTEMPORARY VALUES, LESSONS LEARNED AND INHERITED
DIRECTIONS TO OVERCOME ISSUES OF HUMAN RIGHTS
ASSURANCE IN THE VIETNAMESE FEUDAL LAW

4.1. Contemporary values and directions to inherit the advantages
of the law on human rights assurance in the Vietnamese feudal period
4.1.1. Contemporary values of the Vietnamese feudal law on human
rights assurance
First, human rights assurance in the Vietnamese feudal law shows
profound humanistic and humane values.
Second, human rights assurance associated with awareness and
implement a fine humane moral philosophy.
Third, to heighten the state’s responsibility in guaranteeing human
rights.
4.1.2. Directions to inherit the advantages of the law on human
rights assurance in the Vietnamese feudal period
a. Inheriting nice humanistic and humane traditions of the nation from
the provisions of ensuring the rights of disadvantaged groups in the
Vietnamese feudal law
Only when people build up a culture of loving someone that they could
create a solid social foundation for human rights assurance. Therefore, the
traditions of love and help each other in the community, especially the
spirit of “the leaves protect tattered ones” always needs to be promoted
and continued in the process of building a human rights culture.
b. Promoting the moral values in Vietnamese feudal law to build a
human rights culture consistent with the fine customs and traditions of the
nation
In the socialist theory, the moral relationship is not as high as the
Confucian rule, but its nature is still for people and wish people living in a
good and humane society, and family is a cell of the society - where the
people were born, gown up and educated. In fact, many regulations of the
ancient law have become habits of behavior in the community, and fine
customs and traditions of the nation. The human rights law that we are

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building today, has common values but it must always consistent with fine
ethical tradition and customs of the nation so that we could integrate but
never assimilate.
c) Inheriting the provisions of the Vietnamese feudal law on the
responsibility of the state and bureaucracies towards the people
- For acts of infringing upon properties of the State and the people,
damaging the people’s morale and life, the feudal laws stipulated principle
of implementing compensation. This principle both overcomes the actual
consequences, with high deterrence and preventing illegal acts of the
bureaucracies, improving the public duty performance, thereby ensuring
the people’s rights and interests.
- The feudal law of Vietnam has acknowledged the principle “just
doing what law does allow” to the state agencies and employees when
performing their functions and duties. This is one of the two basic
principles of modern legal science in the Vietnamese feudal law.
Guaranteeing these principles is the basis for the state agencies and
employees could enforce correctly the law while ensuring the people’s
legitimate rights and interests.
- The Vietnamese feudal law always upholds and respects public
morals to comprehensively fight against corruption.
4.2. Limitations of the Vietnamese feudal law in ensuring human
rights and lessons for improving the law on human rights assurance
in Vietnam today
4.2.1. The Vietnamese feudal law with “severe penalty” nature has
greatly hindered and limited human rights assurance
Criminalizing legal relations has made the feudal laws with strict
criminal sanctions were not able to avoid the heavy and obsessive,

sometimes contrary to the modern legal thought. These are limitations of
ancient laws and are gradually eliminated and overcome in modern laws,
especially with the law increasingly towards a better guarantee for basic
human rights.
It can be seen that the death penalty in Vietnamese feudal law is still
quite common for many types of violations. This is not in line with the
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spirit of international human rights law. Therefore, we need to study to
gradually reduce crimes punished by the death.
4.2.2. The Vietnamese feudal law with hierarchical nature and many
regulations discriminate against women and girls leading to inequality
in the society
- The feudal society had distinctions between different classes, for
those who are in the ruling class enjoy more privileges than the peasant
class. This limitation of Vietnamese feudal law has been gradually
removed and overcome in the process of building a law to respect and
protect human rights in our country today in the spirit of the Universal
Declaration of Human Rights 1948: “All are equal before the law and are
entitled without any discrimination to equal protection of the law” (Article
7). In our country, the right to equality before the law of every citizen is
recognized by the Constitution and is concretized in a number of
specialized legal documents.
- The Vietnamese feudal law still has many discriminatory provisions
against women and girls, limiting equality in society
Currently, there are many obstacles in implement the law on gender
equality between men and women, some reasons are not arising from the
law but from Confucian thought “to value men above women”. Therefore,
in addition to improve the provisions of the law to protect feminists, we

also need to strengthen education to change perceptions and behaviors of
each person about women role and position in today’s society.
4.2.3. The Vietnamese feudal law still shows off one’s strength and
punishment in the process of proceedings leading to limit human rights
Lawmakers in the feudal era did not divide laws into criminal laws,
civil laws, so they also provided general proceedings without distinction
between criminal and civil proceedings. For the modern law, on the basis
of the Constitution, the state has built a number of basic common laws and
many specialized laws. Thus, the procedural law become a separate tool in
the judicial field, it is no longer a single code, a simple legal tool in social
management like the feudal state, the law is concretized, the accompanied
sanctions are also different, we can see this issue in the criminal procedure
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law and civil procedure law, economic law and administrative law. With
the characteristics of adjusted objects, the criminal, civil and
administrative procedural laws will build appropriate procedures in each
area. This aims to further ensure the people’s rights and interests in the
proceedings.
The legal and political system in the law system during the monarchy
period had created the characteristics of Vietnam’s feudal proceeding
system. Mistreatment, use of violence and inhumane of the procedureconducting agencies towards offenders and accused always cause urgent
matter in public opinion, fail to people’s trust and go against the
humanitarian and lenient nature of the progressive law and it may be the
factor falsifying the truth of the case. Therefore, the existing law needs to
prohibit these acts to better protect the rights of accused and offenders.
The feudal monarchy did not have principle of decentralization, the
King held all powers. Obviously, this is no longer in line with the
requirements of the current rule-of-law state. The court plays an

independent role from the remaining branches is the most important thing
of a democratic state. The meaning of this principle is that the court is able
to fairly judge all disputes in the society.
The typical codes in the Vietnamese feudal law had provisions to
protect justice in the trial. But in fact, the justice is still strange to the
people. There were still many wrongdoings. One of the reasons for this
situation is that bureaucracies just applied interrogation. In this way,
defendants had no right to defend or ask defense counsels and they had
not right to litigate to refute accusations. These limitations have been
removed from procedural law in our country.
4.2.4. The organizational structure of the bureaucratic monarchy
apparatus limited the people’s rights, freedom and democracy
In the Dai Viet feudal dynasties, although Kings showed clearly the
ideology close to the people and consider the people as a foundation,
Kings just looked at the people and loved them like the ruled objects who
need to be nurtured, loved and saved. Dynasties had never taken the
people as the owners of ruling the country so that today we call the state
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power holder. In essence, the state’s responsibility in the conception of the
feudal period is not similar to the contents of the state’s role and
responsibility in serving the people as well as reciprocal relationship
between the state and the people in activities of the socialist rule-of-law
state of the people, by the people and for the people in our country today.
4.2.5. The thinking about value rule above law in the Vietnamese
feudal society limited the ability to self-defense of human rights
The thinking about value rule above law in the Vietnamese feudal
society had greatly limited the protection of human rights, especially for
subjects benefit those rights.

If people are aware of their rights and the importance of being
respected human dignity, they will increase the ability to protect
themselves against infringement from public power as well as another
person. At the same time increase respect for other person’s dignity in the
community. Therefore, human rights education is a key activity to
enhance awareness of human rights today.

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