Pham Thi Thu Hien, LL.M Hanoi Law University
Process of recruiting mandarins through “khoa cu” (competition-based examinations) under the Nguyen dynasty (1802-1884)
The competition-based examination regime was introduced in Vietnam very early in 1075 when the Ly dynasty opened for the first time two competition-based examinations: “Minh kinh Bac hoc” and “Nho hoc Tam truong”. From the 15th century to the Nguyen dynasty period, the feudal rulers added many regulations to improve the regime and made it the major mode of recruiting talents.

Tran Hong Nhung LL.D.
Hanoi Law University
The Nguyen dynasty (1802-1884) was often recalled for its strong determination to fight corruption through resolute, strict and clear measures, which served as an effective tool to deter and educate the public as well as to prevent and restrict embezzlement and corruption. In 207 corruption cases recorded in “Dai Nam thuc luc” (Chronicles of Great Vietnam), a 10-volume authentic history book, the Nguyen rulers applied various punitive measures against such crime, which can be classified into criminal and administrative ones.

In the system of Vietnamese feudal laws, the Confucian and legalist viewpoints always influenced the regulation of forms of handling violations committed by mandarins on official duty. Confucian values were institutionalized into the laws as Confucianism gave prominence to mandarins’ obligation to constantly train themselves for self-improvement. To the king they had to be absolutely loyal and totally devoted. To the people they must be incorrupt and exemplary and fulfill three duties “phu, giao and hoa” (serving the people, enriching people and educating people about politeness and uprightness). Mandarins had to well perform their duties. Otherwise, they would be duly punished. It can be said that mandarins’ obligation to train themselves was a prerequisite for determination of mandarins’ responsibilities in Vietnamese feudal law.

Vietnam’s feudal state under the Nguyen dynasty (1802-1884) attached great importance to legislative work with a coherent and logical process from the drafting and transfer of legal documents, management and use of official seals, organization of archive work to the training and employment of paperwork staff. The Nguyen dynasty’s due attention to the drafting of legal documents contributed to the development of a strong public administration, serving as the basis for the attainment of significant achievements in various aspects of the country’s social life in this period. This also offered valuable lessons on the importance of the human factor, the clear definition of duties of each responsible individual, and the role of inspection and supervision in the process of formulating and promulgating legal documents, for today’s lawmaking work in Vietnam.

The Nguyen dynasty (1802-1884) managed the society by law through the administrations at different levels. Besides, the Nguyen kings were also fully aware that for villages and communes, village conventions played an important role as manifested in the popular saying “Phep vua thua le lang” (the king’s laws comes after the village’s customs). Village customs were customary practices in daily life and production upheld and orally passed from generation to generation by villagers while village conventions were customs and practices documented in paper or carved in stone or wood. The village customs and practices defined in village conventions were specific norms in various aspects of social life to be voluntarily followed by all community members. The state sought ways to use village conventions as a means to enforce state laws in social life. This helped establish the relationship between state laws and village conventions as well as customs, that of complementation, contradiction and conflict.

In the regime of democracy and socialist rule of law, the state power is delegated by the people, which must, therefore, be inevitably controlled. The state power is often documented by constitutional provisions to define the mandates and rights of the legislative power, executive power and judicial power. The recognition and development of the principles of power delegation, coordination and control between legislative and executive bodies through various constitutions are linked with the historical contexts of the nation in each particular period.

During more than 1,000 years of domination by northern feudalists, the Vietnamese feudal state was established after the state model of feudal China, from state institutions, ruling method, organizational system to mandarin titles. Following the reform initiated by King Le Thanh Tong (1442-1497), the state apparatus of feudal Vietnam was further developed with “luc bo” (six ministries) being key state agencies and the backbone of the central administration.

The mandarin recruitment during the Ly dynasty was conducted mainly in three ways: “tuyen cu” (nomination-based recruitment), “nhiem tu” (recruitment of mandarins’ offspring) and “khoa cu” (examination-based recruitment). In addition, a new way was also used, that was “nop tien” (money payment). In his book titled “Lich trieu hien chuong loai chi” (Regulations of Successive Dynasties), historian Phan Huy Chu wrote: “Under the Ly dynasty, when examinations for public office were not regularly organized yet, the recruitment of mandarins was implemented primarily through nomination-based recruitment, recruitment from mandarins’ offspring and money payment.”[1]

King Le Thanh Tong (1442-1497) recorded great merits in protecting the country’s territorial integrity, expanding the national frontiers and protecting the national sovereignty over land, sea and island borders. The Hong Duc Code in the king’s era appeared to be the most complete and progressive code of the Vietnamese feudal states, containing numerous articles on the defense of national territory.

In order to guarantee the king’s unified power, Vietnamese feudal regimes created and operated consistently a state power-overseeing mechanism with two systems: intra-state and extra-state. This writing only dwells on the system overseeing the operation of the state management apparatus from inside.