Summary of doctoral thesis in Law: The values of human rights in customary laws of Thai ethnic minority in the northwest of Vietnam

VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

LU VAN TUYEN

THE VALUES OF HUMAN RIGHTS
IN CUSTOMARY LAWS OF THAI ETHNIC MINORITY
IN THE NORTHWEST OF VIETNAM

Major: Constitutional law and Administrative law
Code: 9 38 01 02

SUMMARY OF DOCTORAL THESIS IN LAW

Scientific supervior: Assoc. Prof. Dr. NGUYEN THI VIET HUONG

HA NOI – 2020


The Doctoral thesis was completed at:
GRADUATE ACADEMY OF SOCIAL SCIENCES

Scientific supervior: Assoc Prof. Dr. Nguyen Thi Viet Huong

Reviewer 1: Prof. Dr. Dao Tri Uc
Reviewer 2: Assoc Prof. Dr. Dinh Xuan Thao
Reviewer 3: Assoc Prof. Dr. Le Thi Huong

The doctoral thesis will be examined by Examination Board of
Graduate Academy of Social Sciences at ………………………….

The doctoral thesis can be found at:
- National Library of Vietnam;
- Library of Graduate Academy of Social Sciences


LIST OF AUTHOR’S PUBLISHED WORKS
RELATED TO THE THESIS
1. Lu Van Tuyen (2015), Protecting, taking care and educating
children complying with Thai customary law, Journal of Education and
Society, no. 7/2015, Hanoi.
2. Lu Van Tuyen (2015), Promoting the value of customary rules
aims to security Thai Ethnic’s cultural rights in Viet Nam, Journal of
Education and Society, no. 8/2015, Hanoi.
3. Lu Van Tuyen (2015), Equal rights of women in Thai customary law in
Northwest Vietnam, Journal of Theoretical Education no. 234/2015, Hanoi.
4. Lu Van Tuyen (2015), The rights of ethnic minorities in
international law and Vietnamese law, Journal of Political Theory no.
10/2015, Hanoi.
5. Lu Van Tuyen, Do Thi Minh Thu (2015), Values of ownership
rights in customary laws with the good implementation of land and natural
resources management and use in Thai ethnic minority in Northwest
Vietnam, Journal of Theoretical Education, no. 235/2015, Hanoi.
6. Lu Van Tuyen (2016), Preventing and combating bureaucratic
corruption in Thai customary law in Northwest Vietnam, Internal affairs
magazine, no. 31/2016, Hanoi.
7. Lu Van Tuyen (2016), Rights-based approach in formulating and
implementing policies and laws on the rights of ethnic minorities in
Vietnam, monographs “Human Rights-Based Approach – Theories and
Pratices”, Faculty of Law – Vietnamese National University, National
University Press, Hanoi.

8. Lu Van Tuyen, Lo Thi Viet Ha (2016), Preventing crimes
according to the customary law of Thai in North West Vietnam, Journal of
Education and Society, no. 9/2016, Ha Noi.
9. Lu Van Tuyen (2016), National self-determination rights and the
rights of ethnic minorities according to international and Vietnamese law,
Internal affairs magazine no. 11/2016, Hanoi.
10. Lu Van Tuyen (2017), Ensuring the rights of ethnic minorities in
the 2013 Constitution, monographs “Implementing constitutional rights in
the 2013”, Faculty of Law – Vietnamese National University, Political
Publishing House, Hanoi.
11. Lu Van Tuyen (2018), Protection of ownership rights in Thai
customary law in Northwest Vietnam, Journal of Education and Society no.
5/2018, Hanoi.


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INTRODUCTION
1. Rationale
The obligation of promoting and protecting human rights both in
legislation and reality needs all contributions of nations, classes and
individuals but not every single one. To achieve that goal, we are creating a
“human rights culture” at all levels that specific and traditional values align
with international legal standards recognized of human worth and dignity. It
is also considered as a solution to promote human rights implementation
effectively.
Our nation, Vietnam, has 54 ethnic groups. Over 10 million people
out of a population of nearly 100 million, there are 53 ethnic minorities,
including Thai ethnic minority. The statistics of the 2009 Population and
Housing Census in Vietnam, there were 1.550.423 Thai ethnic people that

accounted for 1,6% of national population and ranked third after the Kinh
and the Tay. In the past, Thai ethnic people in the Northwest of Vietnam
owned progressive ideas with profound humanitarian values and human
rights expressed by many different methods. In these ideas, customary laws
are the most quintessential one in the process of community awareness
development and has a certain position in regulating the relationships in the
life of Thai ethnic people. Customary laws, in the Thai, is “hít khoòng”.
That means “customs and traditions” or “rule”. Customary laws are strictly
followed by members of the community.
Nowadays, the implementation and assurance of human rights are
being implemented, in which the promotion of traditional cultural values
has been given special attention in developing policies and laws on ensuring
human rights. In this context, the PhD candidate decided to choose the topic
“The values of human rights in customary law of Thai ethnic minority in the
Northwest of Vietnam” to be a doctoral thesis in law with the desire to
contribute to studying comprehensively and systematically related contents.
2. Purposes and missions of the thesis
2.1. Purposes
The overall purpose of the dissertation is building a scientific
justification for a solutions system to ensure and enforce human rights, the


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rights of ethnic minorities in Vietnam which is based on traditional values
and always exists in the our country from the past until the present.
2.2. Missions
- Systematize theoretical awareness of human rights values and
human rights values in traditional history. On that basis, focus on clarifying
theoretical issues and contents on human rights values of Thai‟s customary

laws in Northwest Vietnam.
- Study and give some comments on current situation of the
implementation of human rights in Thai‟s minority area in Northwest
Vietnam. Clearly identify the successes and limitations that exist and indicate
the causes. Besides, determine the application of human rights values in
customary laws with the meaning of ensuring the implementation of human
rights.
- Propose recommendations and solutions to promote the human
rights values of Thai‟s customary laws in Northwest Vietnam to ensure the
implementation of human rights in Thai‟s community in Northwest Vietnam.
3. The thesis’s objects
The thesis‟s objects are Thai‟s customary law in the Northwest
Vietnam and the value of human rights contained in Thai‟s customary law;
the ability to inherit and promote those values on making and practicing
current law on the implementation of human rights for Thai‟s community in
Northwest Vietnam; political, economical, cultural, social, and legal factors
that have influences on the application of Thai human rights in Thai‟s
customary law on ensuring and enforcing human rights for Thai‟s community
in Northwest Vietnam.
4. The thesis’s scope
The research scope of customary laws approaches from the
perspective of the concept and customary characteristics of Thai people;
assess the value of Thai‟s customary law in the community; explores
experiences that promote human rights values in the traditional history of the
world and Vietnam.
The research scope on inheriting and promoting human rights values
in customary laws to formulate and apply laws: focus on surveying and


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assessing the real situation of economy, society, national defense and
security, building the political system; surveying the enjoyment of human
rights of Thai ethnic people in the Northwest; surveying results of
implementing inheritance measures and promote human rights values in
Thai‟s customary laws of some in Son La, Lai Chau, Dien Bien, Hoa Binh
and Yen Bai. From that point of view, propose the inheritance and promotion
of solutions to ensure the enforcement of human rights laws based on the
values of Thai‟s customary laws.
5. Methodology and research methods
5.1. Methodology
The thesis uses dialectical materialism and historical materialism of
Marxism-Leninism; Ho Chi Minh Thought; guidelines and policies of
Vietnamese Communist Party and the State of the Socialist Republic of
Vietnam on building state and legislation; the doctrines, views of other
progressive thinkers about the state and modern laws, especially about the
rule of law state, the customs and the autonomous mechanism of
communities...
5.2. Research methods
The thesis is researched on the basis of applying Marxist - Leninist
methodology and the following main methods:
5.2.1 Approach
The thesis is approached from the perspective of legal science to
clarify the concepts of human rights in society through the customary law
regulating social relations, people and communities, members of the
community of Thai people in the Northwest before 1945 and the Muong
ethnic minority area in the Northwest today.
The research‟s scope requires social sciences interdisciplinary and
multi-disciplinary approaches.
5.2.2. Specific research methods

Method of document analysis; method of asking experts; comparative
law method; the method of historical science research; aggregate method;
statistical method and Methods of sociological investigation.


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6. New results of the thesis
The thesis is the first product that studies systematically,
comprehensively and in depth both in the theoretical and practical aspects
of human rights values in Thai‟s customary laws and impacts of those on
law implementation among Thai‟s community in the Northwest nowadays.
The thesis further clarifies issues of Thai‟s customary laws in
traditional and current society; clarify factors and status of the influences of
customary laws on law implementation in Thai‟s community.
7. Scientific and practical meanings of the thesis
7.1. Scientific meanings
By resolving theoretical and practical issues, this dissertation
contributes to specifying the basic characteristics of customary law, Thai
customary law as well as its position and role in regulating community
relations; at the same time, pointing out the values of human rights in
customary law for their practical application.
Research results also provide a comprehensive view of the human
rights value of Thai customary laws in the Northwest which plays an
important role in community life; supplement the theoretical basis for
preserving and promoting the good traditional cultural values of the Thai
ethnic minorities in Vietnam.
7.2. Practical meanings
The thesis contributes to assessing the situation, bringing out positive
values and limitations on human rights values in Thai customary law in social

management at the studied area.
This thesis can be used as referenced materials in teaching, training,
intensive fostering for cadres; in formulating ethnic policies of the Party
and the State; in social management, ensuring rural security... at ethnic
minority areas in the Northwest provinces in coming years.
8. The structure of the thesis
In addition to the introduction, conclusion, references and
appendices, the thesis consists of 4 chapters, 11 subsections.


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Chapter 1
OVERVIEW ABOUT RESEARCH RELATED TO THE THESIS
1.1. Related research
1.1.1. Research on customary laws, Thai customary laws in the
Northwest of Vietnam
1.1.1.1. Research on customary laws
Typical authors include: A. Wantson with "An approoach to
customary" in the book named "Folk law" (1994) stated that customary law
becomes law only if it is recognized by a statute or a court decision and it is
known as law, accepted as law and enforced as law.
In India, the study “Tribal cCustomary law in Northeast India" by
Shinbani Roy and S. H. M. Rizvi; or "Public land and customary law" by
Minoti Charcravarty-Kaul, referring to the issue of customary land tenure in
the North of India.
1.1.1.2. Research on Thai customary laws
The book “Customary law and rural development in Vietnam
today" brings together a number of articles by many authors on the
application of customary law, namely: "Customary law and rural

development strategies in Vietnam" by Nguyen Duy Qui; "The role of
mountainous customary law in forest land allocation and natural resource
management" by Hoang Xuan Ty; "The role of customs and traditions and
the inheritance of customs and traditions in law making"; "Customary law
and natural resource management: Suggestions to harmonize written and
customary law in Asia" by John Ambler; "Traditional Thai law: An
overview of the “hiít khoòng” law in Laos" by Oliver Raendchen.
The authors Ngo Duc Thinh and Cam Trong published the book
“Thai customary laws in Vietnam” written both in Thai and Vietnamese. Its
main contents about the overview of customary laws and Thai customary
laws; basic contents of Thai Den customary laws in Thuan Chau, Son La
and some contents of Thai customary law in the Northwest collected by coauthor Cam Trong.
1.1.2. Research on human rights and values of human rights
1.1.2.1. Research on human rights


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The book "Understanding Human Rights: A Guide for Human
Rights Education" by Wolfgang Benedek.
The paper "Human rights in the Hong Duc Law - the pride of the
nation" by Prof. Dr. Hoang Xuan Hao (USA) emphasized: The Hong Duc
Law is truly worthy of the pride of the Vietnamese people both in
international and national perspectives.
In Vietnam, studying aboout human rights has started since the 90s
of 20th century, including:
The book "Human rights ideology (collection of world and
Vietnamese literature)" by Law Faculty - Hanoi National University, Labor
- Social Publishing House, (2011); The book "Human rights" by GS. Dr.
Vo Khanh Vinh, in the chapter of Human Rights: The concept and nature

presents that “needs to approach the content of human rights by specific
historical methods”.
1.1.1.2. Research on values of human rights
Some international research as follow:
The essay "Human rights and Asian values" by Amartya Sen at
Carnegie Council on Ethnics and Internatinonal Affairs had been translated
and printed in “được dịch và in trong cuốn: About the rule of law and
Constitutionalism: Some essays by foreign scholars, Labor - Social
Publishing House (2012) provided an overview of Asian values and human
rights, in which he disagreed with theories that human rights and freedoms
are incompatible with Asian culture as well as the arrogant attitude of those
(Western) who believe that they have brought the light of civilization
(human rights, self do) to Asians.
Some domestic research as follow:
The research "On values and Asian values" by Ho Si Quy; the book
“Human Rights: Interdisciplinary and Law interdisciplinary access”, Vo
Khanh Vinh (2010), Social Sciences Publishing House; The article "Some
basic contents and values of human rights in the National criminal law” by
Nguyen Thanh Binh emphasized that Hong Duc Code contains many
positive and progressive values, in which it is necessary to emphasize and
affirm to a prominent value that the minimum but basic human rights,
especially of the people were recognized, respected and protected by law;


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The article "Human rights: social values, universality and specificity" of the
author Vo Khanh Vinh analyzed the social value of human rights which are
of mixed values including: dignity - freedom - equality - humanity tolerance - ethics and responsibility.
1.1.3. Research on values of human rights in Thai customary

laws in Northwest Vietnam
It can be seen that in studies of human rights values in Thai
customary law, the authors have listed and analyzed the contents and
provisions of customary law to show that in the Thai customary law, there
are certain values which can be applied in law implementation in reality.
1.2. Overview of the research situation and the issues that need
further study
1.2.1. Studied issues and its levels
In general, the studies of customary law in Vietnam and foreign
countries have introduced the theories about social progress and customary
law that have become an important step in the development process of
mankind and State institutions. Studies on human rights values have
interpreted and clarified extensively about the relationship between human
rights and culture, between cultural values and human rights concepts and
its practices.
1.2.2. Matters need to be studied further in the thesis
Today, there are a few studies on the current situation of Thai regions
in the renovation period, especially those in areas where Thai people are
resettled and freely migrated. There is no intensive research which has been
conducted to systematize and clarify the value of human rights in history
and approachs from comparative perspective from international law on
human rights. The study about "The values of human rights of customary
law of Thai ethnic minority in the Northwest of Vietnam" which under the
approach of jurisprudence is a relatively innovative and practical approach
to contribute to supplementing the previous studies‟ limitations. At the
same time, it meets the urgent requirements of both theory and practice of
combining customary law with law in social management and constantly
improving the legal system in our country today.

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Chapter 2
THEORETICAL ISSUES AND HISTORY OF VALUES OF HUMAN
RIGHTS IN THAI CUSTOMARY LAW IN NORTHEST OF VIETNAM
2.1. Definition of human rights and values of human rights
2.1.1. Definition of human rights
2.1.1.1. The origin of human rights
Human rights are closely linked to human history which are
products of certain socio-economic conditions and are influenced by those
socio-economic facilities.
Since the United Nations officially recognized human rights in 1948,
with the introduction of the Universal Declaration of Human Rights, many
national political and legal documents on human rights have acknowledged
its natural origin. However, it has also emphasized the role of the state and
the law in human rights protection and promotion. Hence, human rights have
developed as a moral, political, legal and moral framework to develop the
world which is free from fear.
2.1.1.2. The definition of human rights
The most common definition belongs to Office of High
Commissioner for Human Rights (OHCHR). According to this definition:
Human rights are universal legal guarantees protecting individuals and
groups against actions and omissions that interfere with fundamental
freedoms, entitlements and human dignity.
Definition of human rights in some other Vietnamese materials is not
totally the same but generally, huan rights can be understood as “human needs,
natural and inherent human interests that are recognized and protected in
national laws and international legal agreements”.
2.1.2. Conception of values of human rights
2.1.2.1. Conception of value

According to Vietnamese dictionary: “Values are principles,
standards, norms that guide human actions. It is important for an individual
or an organization to be used as a criterion to assess whether one action
can be considered better than another”.


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Different expressed levels of values include: personal values which
are the values applied in personal life (respect for love, friendship, family);
social values which are values recognized by members of the community
and are standards for regulating social relations.
2.1.2.2. Conception of value of huan rights
Value of human rights is “the standards, norms, desires,
expressions of individual or social needs, and become the purpose of action
of such individuals and social groups”. The value of human rights guides
for action, can be considered as a standard to specify value; is the code of
conduct, defines how individuals and groups act; manifest in the form of
written institutions (like the State’s laws) or unwritten forms (like customs
and traditions). These are patterns of behavior in specific situations for
individuals and social groups and it is associated with the extremely diverse
and abundant reality of life.
2.2. Definition, characteristics of Thai customary laws in
Northwest Vietnam and its position and role in the life of ethnic
communities
2.2.1. Definition of Thai customary laws in Northwest Vietnam
Thai customary laws are constituent parts of the villages‟ laws and
the life customs of each person and the community. They forms the
customary law of Thai people. This is similar to the customary laws of
other ethnic minorities, and somewhat different from the Vietnamese

Convention.
2.2.2. Characteristics of Thai customary laws in Northwest
Vietnam
Thai customary laws prioritizes education, deterrence and
prevention. Although it includes death penalty, hardly do they use it. If any,
before the death penalty, there were forms of education from low to high.
Thai customary law pays attention to deal with social relations.
2.2.3. Position and role of Thai people in Northest Vietnam in
the life of ethnic communities
Firstly, Thai customary law plays an important role in social
management for Thai comunity.


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Secondly, Thai customary law upholds the interests of the ruling
classes in Thai society.
Thirdly, Thai customary law clearly demonstrates the role of
intermediaries that harmonizes interests and obligations among members of
the Thai community.
Fourthly, Thai customary law maintains order in the Thai
community.
2.3. Relationships between Thai customary law in Northwest
Vietnam and value of human rights
2.3.1. Value of human rights are regulations in Thai customary law in
Northwest Vietnam
Although the village of Thai people in the Northwest is a castedominated society, it doees not mean that the ruled class is unable to enjoy
basic human rights. When studying Thai customary laws, the author found
that many regulations on respecting and protecting human rights were
recorded in Thai customary laws (women's equality, children's rights,

property of the individual...). It can be seen that human rights are an
important component of some Thai customary laws.
2.3.2. Thai customary law protects value of human rights
First, customary law is the most highly regulated document in
the Thai community. Entire ruling class and all people must comply with
the provisions of customary law. Therefore, the rules of human rights in
customary law mean that it is required to force all ruling classes,
individuals and citizens to comply and implement.
Second, customary law prescribes the suppression of the power of
the ruling class to oppose the arbitrariness of the ruling class while
performing its functions and protecting the interests of the people.
Third, customary law serves as a basis for reference to the ruling
class in case of violations of customary recognized rights.
2.4. Relationships between laws and values of human rights in
Thai customary laws in Northwest Vietnam
2.4.1. Relationships between laws and Thai customary laws in
Northwest Vietnam


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2.4.1.1. The influence of Thai customary law to the law
The impact of customary Thai law leads to the formation of legal
provisions that are appropriate to the awareness of lawmakers about the role
of law as well as the role of Thai customary law.
2.4.1.2. The influence of law to Thai customary law
The law recognizes and protects the progressive provisions of Thai
customary law.
The law excludes backward customs and traditions of Thai
customary law.

The law contributes to preventing the formation of customs,
traditions and regulations of Thai customary law contrasting to the society
progress, the law, and contributes to the formation of new customs and
traditions.
4.2.2. The influence of value of human rights in Thai customary
law in Northwest Vietnam to the law
The value of human rights in Thai customary law has an impact on the
law, consistent, supplemented and replaced to make the most powerful
adjustment to the social relations among the Thai ethnicity. This is an
indispensable and objective impact which needs to be researched and
developed in the appropriate direction to contribute to the improvement of the
legal system as well as improve the efficiency of the law implementation
process in reality.
2.5. Applying values of human rights in customary laws and
traditions to the implementation of human rights in the world and in
Vietnam
2.5.1. Applying values of human rights in customary laws and
traditions to the implementation of human rights in some nations
In countries where customs and traditions are an important source
of laws (like the United Kingdom), the State considers customs and
traditions. If it is in accordance with the common interests of the ruling
class and towards social development, the State recognizes it as an integral
part of the legal system.


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In Malaysia, custom is one of the most important sources of law. Each
locality has its own traditions, some of which are valid and recognized by courts
and applied as legal provisions in written documents and case laws.

In Indonesia, the Aat custom plays an important role in legal
system of this country. The traditions adjust a great range of social relations
in the fields of land, family marriage, inheritance.
2.5.2. Applying value of human rights in customary laws and
traditions in the implementation of human rights in Vietnam
Currently, the value of human rights in customary law has been
applied in a number of fields, namely establishing cultural village conventions,
formulating reconciliation teams, managing environmental resources... As a
consequence, in fact, both foreign countries and Vietnam have been using
human rights values in customary law in their own way. This proves that the
value of human rights in the legislative history is an indispensable content in
the social life of multi-ethnic and multi-religious nations.
2.5.3. The meaning of applying human rights values in customary
laws and traditions in implementing human rights
First, it will ensure the implementation of principle of "people's
power" in reality.
Second, it will meet the need to build a served state.
Third, it is a method that some local governments act really for the
people‟s interests.
Chapter 3
THE IMPACTS OF HUMAN RIGHTS VALUES
OF THAI’S COSTUMARY LAWS TO THE IMPLEMENTATION
OF HUMAN RIGHTS IN THAI’S COMMUNITY IN THE
NORTHWEST VIETNAM NOWADAYS
3.1. Some values of human rights of Thai's customary laws in
Northwest Vietnam
3.1.1. Respect and protect children's rights according to Thai’s
customary laws

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Firstly, Thai‟s customary laws protects children. It shows special
care, protection children when they are still in the womb until birth, and
growing up.
Secondly, Thai‟s customary laws cares about children. Parents not
only have to work to earn food and clothes, but also have the
responsibilities to raise their children and look after them until they reach
maturity.
Thirdly, Thai‟s customary law cares about education for children.
Methods of education must be based on age and gender and need to be
persistent, supple and regular. The content of education for children is very
diverse, including the contents of obedience, eating and saving, and
solidarity; especially, Thai people attach importance to the education of
labor willings.
3.1.2. Respect and protect the equal rights of women according to
Thai’s customary laws
In the past, Thai society is patriarchal system, so that Thai‟s women
in general are not promoted, but they still have an important position and
role in creating, transmitting, preserving and developing cultural values of
this ethnic group.
3.1.3. Respect and protect cultural rights according to Thai’s
customary laws.
Customary laws protect and preserve the language and spiritual
culture of the Thai people (preserve the treasure of Thai folk knowledge;
preserve the culinary culture; preserve the residential culture; preserve the
costume culture). Many activities of Thai people have contributed to
preserving and promoting the traditional values, these activities are
operated according to the strict rules of customary laws, and customary
laws has a role to preserve the traditional values, protecting the inherent

cultural rights of Thai people.
3.1.4. Protect human life, honor and dignity of human beings
according to Thai’s customary laws
- About murder crime, “committing murder in any form, burning
village, making aggression and destroying village will be punished death
penalty if the offender is caught”. That regulation shows that customary
laws are not only very strict but also being humane nature.
- About the crime of infringing upon the honor and dignity of


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people, the customary laws pay much attention to words, voice, and
behavior among family members or members of the village, so there are
provisions in a separate chapter on crimes of “cruelly cursing people”, and
identifies this as one of causes of crime, having a strong effect on building a
strong community.
It can be seen that most penalties in customary laws are mainly
fines, few strong sanctions, compared with current criminal sanctions that
are completely inconsistent and unsuitable for the situation of crime
prevention. In addition, customary laws are very concerned about protecting
petitioners and accusers of criminal acts, by prohibiting reciprocal action.
About less serious matters, customary laws also define mediation in
resolving disputes and disagreements between two or more parties by
mediating and negotiating with the participation of third parties.
3.1.5. Respect, protect property rights according to Thai’s
customary laws
In Thai customary law, the concept of property as: human being, as
a social entity, can exist and develop only when there are certain facilities.
This ownership issue, there are not property relations in Thai‟s customary

law. Thai‟s costumary laws mainly determines ownership of natural
resources such as land, forests, mountains, rivers, etc and those ownerships
are jointly owned by the community, individuals and families with the land
and forest areas of Thai‟s ethnic community.
3.1.6. Protect land and environmental resources according to
Thai’s customary laws
Thai customary laws contain community knowledge about the
proper management and use of natural resources, pay special attention to
the ownership and right to use natural resources. In some respects, the
determination of public ownership of personal property and individual use
rights is one of the important factors contributing to the good management
and proper use of forest and land resources, water sources, other forest
products. Regulations on the protection of water sources, forbidden forests,
watershed forests, hunting, exploitation of forest bees, etc. in the direction
of rational exploitation of these resources also contribute to the exploitation
and protection of natural resources. sustainably.


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3.2. Impact of human rights regulations in Thai’s customary
laws on the implementation of human rights in Thai’s community in
Northwest Vietnam nowadys.
3.2.1. Overview of the political, economic and social situation in
the Northwest provinces of Vietnam where Thai’s communities reside
Nowadays, the Northwest provinces of Vietnam include 06
provinces: Hoa Binh, Son La, Dien Bien, Lai Chau, Lao Cai and Yen Bai,
which are particularly important strategic areas of economy – society,
defense, security, foreign affairs of the Northwest region and the whole
country. There are many ethnic minorities living together, of which Thai

majority. The central orientation in upcoming time of the Northwest
provinces is focusing on rational and effective exploitation of the potentials
and strengths to accelerate the economic growth rate; to clearly and
synchronously improve the socio-economic infrastructure system to meet
the requirements of economic development, people's daily life and national
defense and security.
3.2.2. Awareness of Thai’s customary laws of officials, civil
servants, public employees and awareness of the implementation of
human rights in Thai ethnic minority area in Northwest Vietnam.
3.2.2.1. Situation of survey subjects
Students conducted a sociological survey with the main subjects are
officials, civil servants and public employees working at commune level.
The reasons for this choice is officials, public servants and public
employees have been implementing policies and laws, so that they are close
to people and have necessary knowledge about the customs and habits of
Thai people.
3.2.2.2. Awareness of officials, public servants and public
employees at commune level about Thai’s customary laws
Raising awareness on the role of Thai‟s customary laws has been
concerned by commune authorities in Thai ethnic areas, expressed in some
specific contents through the summary of sociological survey. The total
number of people who clearly know Thai‟s customary laws accounts for
9%, the number of people who know Thai‟s customs accounts for 64%; 9%
of people know few of Thai‟s customary laws and 18% people did not
know Thai‟s customary laws. Thus, the number of people who know Thai‟s
customary laws is quite high (73%). This confirms that most of the


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communal cadres, civil servants and officials have basic knowledge of
Thai‟s customary laws, which is a favorable factor in the implementation of
Thai human rights according to Thai‟s customary laws in the Northwest
3.2.2.3. Current situation of application of human rights values in
Thai’s customary laws to protect human rights of communal officials in
ethnic minority areas in Northwest Vietnam nowadays
When being asked about the need to understand Thai‟s customary
laws of commune officials in implementation of human rights, the
responses were 100%. There is no opinion that official have not to know
about Thai‟s costomary laws on implement human rights based on the
values of Thai customary laws. This is the basis for proposing solutions to
improve Thai people's awareness of customary laws for civil servants.
Answering questions about the internal difficulties of commune
officials working in ethnic minority areas, the comments showed that 100%
answered that there were difficulties. The causes of these difficulties are:
20% of language barrier; lack of knowledge of Thai‟s customary laws is
41%; professional qualifications, working capacity accounts for 40%; other
reasons are 20%. This is also one of the important information for the
author to propose suitable solutions in this thesis.
3.2.2.4. Awareness of exercising human rights in Thai’s
community based on the values of Thai’s customary laws of civil servants
The survey on the awareness of applying Thai‟s customary laws in
the implementation of human rights showed that: 23% of respondents
applied a lot; 54% of the respondents partially applied; 15% of respondents
did not applied; and 8% of unclear ideas.
3.2.2. Current status of implementation of human rights in
Thai’s community in Northwest Vietnam nowadays
3.2.3.1. Survey subjects
Students selected 11 communes in 5 provinces: Son La, Lai Chau,
Dien Bien, Hoa Binh and Yen Bai to survey. The main criteria for selection

are those of ethnic Thai areas, where the majority of Thai people live.
3.2.3.2. Results of human rights
A survey of 11 communes with the majority of Thai residents
shows that a number of Thai officials, public servants and officials,
especially leaders, heads and some specialized officials, have applied
customary law in their work (accounting for more than 60%).


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About environmental resource protection: The surveyed communes
propagandized and mobilized people to manage and protect forests,
afforestation, most of the afforestation movement was focused.
Social order and safety: The total number of violations of social
order and safety in 11 surveyed communes in 5 years is 595 cases, so on
average, each commune had 11 violations.
Regarding to education and training: Through the general policy of
the Party, the State and the creativity of the Party committees, the district
and commune authorities in Thai villages, some localities have built plan to
organize Thai‟s letters, Thai‟s language as well as customs, habits of Thai
people.
3.2.3.3. Limitations of the application of Thai’s customary laws
about human rights in some ethnic minority communes in Northweste
Vietnam
The percentage of people who know Thai‟s customary law is not
high, only 17%; The number of people who know Thai „scustomary laws is
less than half (1/2) of the surveyed population and the fact that there is still
some ignorant knowledge of Thai‟s customary laws.
The situation of potential social safety and order is complicated,
drug evils grow rapidly, the number of addicts increases gradually, the rate

of successful detoxification is still low.
Some fields of cultural management have not met the requirements,
the situation of evangelization to remote areas remains, child marriage in
Thai people has not been completely overcome.
Economic in Thai ethnic minority area is underdeveloped, currently
lacking resources for development, especially in the implementation of
policies to support and ensure the rights of disadvantaged group. in society.
Education and training are still inadequate compared to other areas
in the delta, teaching and learning quality is limited, and the percentage of
schools meeting national standards is low.
3.2.4. Causes of results and limitations on application of human
rights values in Thai’s customary laws in implementation of human
rights of Thai ethnic in Northweste Vietnam
3.2.4.1. Causes of the achieved results
- Objective reasons


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Because of correct guidelines and policies of the Party and the State on
economic development, hunger eradication and poverty reduction, on the
preservation and promotion of cultural identities of ethnic groups, on the
construction of a political system that has had a profound impact decisively to
the thoughts and actions of officials, party members and people. In addition, the
funding of socio-economic and cultural development projects of foreign
organizations and individuals is also an important factor leading to the above
results.
- Subjective reasons
Firstly, the initiative and creativity in the way of thinking, doing,
especially the awareness of enhancing the effectiveness of state

management through the application of Thai‟s customary laws have initially
been promoted, social work in some areas has been interested by
authorities.
Secondly, the commune political system has been constantly
strengthened and promoted effectively.
Thirdly, training and retraining officials is focused, so the
qualifications and competencies of officials and civil servants are gradually
improved.
3.2.4.2. Causes of the shortcomings and limitations
- Objective reasons
There are not enough systematic, effective and specific policies for remote
areas and ethnic groups, especially policies on socio-economic development, policies
on conservation and promotion of cultural identity in general.
- Subjective reasons
Firstly, in despite of many efforts, sometimes the role of the
political system has not been promoted highly; the initiative and creativity
government is still limited; the thought of waiting and relying of officials,
party members and people is slowly overcome.
Secondly, although the values of Thai‟s customary laws are very
large, but the sense of applying it to community management has not been
properly cared for by officials, party members and people.
Thirdly, the intellectual level is not equal; staff qualifications are
still inadequate, limited in professional skills, lack of working skills as well,
lack of understanding of customs and practices, including Thai‟s officials.


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Chapter 4
INHERITANCE AND PROMOTING THE VALUES OF

HUMAN RIGHTS IN THAI’S CUSTOMARY LAWS IN
NORTHWEST VIETNAM IN THE PRESENT
4.1. The concept of inheriting human rights values of Thai’s
customary laws in Northwest Vietnam nowadays
4.1.1. It is necessary to have an objective attitude when
proposing and implementing solutions to preserve and promote human
rights values of Thai’s customary laws.
Based on the development goals of culture to determine: Which
traditional cultural values are still appropriate; which progress should be
preserved and promoted; what traditions are outdated, negative needs to
pass; what cultural values are positive, in accordance with the receptive
ethnic tradition; which values are not appropriate should prevent their
spontaneous intrusion.
4.1.2. Inheriting the values of human rights in Thai’s customary
law must be based on the Constitution and laws, ensuring socialist
legislation.
Applying Thai‟s customary laws only within Thai community. The
manipulation must ensure that it does not conflict with the basic principles
of the law, but must aim to promote the law, making Thai community
understand the law more, respect the law and enforce the law better. .
4.1.3. Inheriting the human rights values in Thai’s customary
laws must be based on the viewpoint of promoting the nation's good
traditional values in building an advanced culture imbued with
national identity.
The inheritance of human rights in Thai‟s customary laws can only
be implemented after the progressive laws have been determined, meeting
the management and self-management requirements at the commune level.
4.1.4. Inheriting the values of human rights in Thai’s customary
laws must be associated with building a strong communal political
system, promoting commune democracy and the role of prestigious

people in Thai community.
The inheritance of human rights in Thai‟s customary laws in
exercising human rights in Thai community should pay attention on the
principle of respect, guarantee democracy, voluntariness and masses, and


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avoid creating oppressive impulses. So that, it will constraint promote the
initiative and creative characteristic of Thai community.
4.1.5. Inheriting the values of human rights in Thai’s customary
law must be associated with the implementation industrialization and
modernization of rural agriculture.
In the context that the whole country is focusing on implementing
the goals of building a new countryside, the implementation of human
rights in Thai ethnic minority areas has a huge significance of promoting
economic and social development movements, maintaining order and
security in the countryside. Especially, it is meant to mobilize people to
promote internal resources to build agricultural infrastructure and rural
transport infrastructure.
4.1.6. Inheriting the values of human rights in Thai’s customary
laws must ensure equality, solidarity among ethnic groups,
strengthening conciliation
Inheriting the values of human rights in Thai‟s customary laws
must be associated with strengthening conciliation, reconciliation of
internal conflicts among families, clans, ethnic groups and even religious
conflicts, in order to protect common interests. Its mission is protection of
legitimate interests of the community, the legitimate rights and interests of
citizens, ensure political security and social order and safety.
4.2. Solutions to promote human rights values of Thai’s

customary laws in Northwest Vietnam in the present.
4.2.1. Group of organizational solutions
4.2.1.1. Unifying policies and viewpoints of implementation
- Unifying the ideas, leadership views, directing the organization to
collect and systematize customary laws and institutions to apply Thai‟s
customary laws in the implementation of human rights into Thai ethnic
community.
- Establishing a communal steering committee on collecting,
systematizing customary laws, institutionalizing and applying in state
management attached to the commune's new rural construction steering
committee.
- Propagating guidelines and issued documents of leadership and
direction; creating trust and unified awareness for people.
4.2.1.2. Establishing a team of consulting on traditional practices


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in the villages and a council of consulting on customs in the commune
- Consultancy group of customs and traditions in wards, villages
- Consultancy Council of customs and traditions at the commune level
4.2.2. Group of technical solutions
4.2.2.1. Collecting customary laws
- Collecting scope is the communes in the Northwest region where
Thai people reside in concentration (and it can be directed to implement in
whole country).
- The object of the collection is from published materials and
sources of information (including documents in ancient Thai language and
oral materials ...).
4.2.2.2. Systematizing customary laws

Systematizating customary laws is the way of assessment,
classification, order and content of customary laws in groups and fields and
towards ratification and promulgation of customary laws. Besides, it is
compared with customary laws with human rights laws as a basis for
proposing solutions to formulate regulations. In this content, the Commune
Steering Committee should closely guide the Consultancy Council of
customs and practices, the Consulting Group of customs and traditions in
the implementation process and can invite professional staffs in the district
to assist.
4.2.3. Group of solutions to improve the capacity of entities
4.2.3.1. Improve capacity to apply customary laws to entities after
customary laws has been codified
Firstly, on the basis of codified content of the law, the Steering
Committee for application of customary law at the commune level leads the
Consultancy Council of customs and practices on drafting documents
guiding the values of customary laws and requirements in state
management. Secondly, organize training workshops at commune level on
the content of customary laws and clearly state the need to ensure and
implement human rights. Thirdly, organize awareness propagation
conferences for people in the groups. This content must be organized
separately according to each group and village. Fourthly, build recording
tapes and disks for broadcasting on commune radio stations and
loudspeakers of villages and wards.
4.2.3.2. Improving the qualifications of all official and civil


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servants at commune level
The effective implementation of human rights based on Thai‟s

customary law depends on two subjects: people and officials, of which
officials and civil servants are a very important and decisive subject. They
decide the success of the implementation process.
4.2.3.3. Promoting the role of prestigious people in Thai
community
When exercising human rights based on Thai‟s customary laws, it
is necessary to focus on promoting the role of the village leader or the
prestigious person in the village community, this practice can be considered
as the best "way" to bring the Party and State policies on human rights
come to the people.
4.2.3.4. Promote the role of commune party organizations and
mass organizations in the villages
The commune party organization in rural areas is the core of
leadership in rural communities. Through the revolutionary movement of
the masses in the locality, the Party officials at the commune level are able
to grasp the people's aspirations, summarize the initiatives of the masses,
and contribute to setting guidelines and policies of the Party.
4.2.4. Solution on financial resources
The process of collecting and assessing customary laws and
inheriting human rights in customary laws requires funding for
implementation. The implementation process related to propaganda,
preliminary, summarizing... needs to integrate the propaganda funding
sources of the commune. If possible, it can be integrated with the law
propagation conferences of the district Council for Education
Dissemination and Education (this council plans to disseminate to the
village every year).
4.2.5. Organization and implementation solutions
4.2.5.1. Some solutions are directly related to the topic
- Propaganda: It is necessary to mobilize the commune political
system, with the support of the district political system to widely

disseminate among the people on requirements, views, inheritance solutions
and promotion of values of human rights in Thai‟s customary laws in
exercising human rights over the Thai community in the Northwest.
- Inspection and supervision: The commune administrations need to