Quoc Trieu Hinh Luat (The National Criminal Code) of the Le dynasty (1428-1527) was the culmination of legislative work in feudal Vietnam. With 722 articles arranged in 13 chapters, it dealt with almost all basic social relations then, from criminal, marriage-family, inheritance, contractual, procedural, and land to administrative issues.

The procedural law and regulations in Vietnam during the 15th and 19 centuries were prescribed fairly comprehensively and specifically in “Quoc Trieu Hinh Luat” (the National Criminal Code) of the late Le dynasty and “Hoang Viet Luat Le” (the Royal Laws and Regulations of Vietnam) under the Nguyen dynasty. They were also codified into “Quoc Trieu Kham Tung Dieu Le” (the National Procedural Regulations of Royal Dynasties), which was really a distinctive legal phenomenon of the Vietnamese feudal laws.

In Vietnam’s feudal regime, the vulnerable included women, the elderly, children, persons with disabilities, widows, widowers, the lonely, ethnic minorities, persons with nobody to rely on, prisoners and, in a broader sense, people in general as commoners in relation to the state. The feudal states paid attention to these disadvantaged groups and protected their legitimate rights and interests. The human rights then were understood in a narrow sense as legitimate needs and interests of people, which were recognized and protected to a certain extent by law.

During the feudal time, Vietnamese family relationships were governed by not only Confucian principles but also fundamental morals, which established a code of conduct among family members and affirmed the rules for family ties. Children were expected to show their filial piety towards parents and grandparents while brothers and sisters to show self-denial and altruism to one another. The harmonious combination of the fundamental morals and Confucian principles among family members has formed the traditional family culture of Vietnamese people. Vietnamese feudal laws institutionalized the traditional morality with specific duties for family members and measures against violations. The values and limitations of Vietnamese feudal laws in this regard have been inherited and abolished in the spirit of ensuring equality, freedom and human rights for women, the elderly and children - the disadvantaged members in families and society.

All nations consider human rights and civil rights as the basic and indispensable institutions of their constitutions. Recognizing, guaranteeing and protecting human rights and civil rights are constitutional missions and objectives in nations around the world as well as in Vietnam.

The election of deputies to the 15th National Assembly, to be held on May 23, constitutes a new landmark in the history of the Vietnamese National Assembly, which has constantly developed with many important achievements in constitutional and legislative activities as well as in making decisions on major issues of the country.

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.