Tran Hong Nhung, LL.D. and Tran Thi Hoa, LL.M.
Administrative-State Law Faculty, Hanoi Law University
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| A Vietnamese family in feudal times__Photo: https://36hn.wordpress.com |
During a long period spanning from the 10th to the 19th century, Vietnamese society was heavily influenced by Confucianism, which was always given special importance by feudal states in establishing and developing state institutions, as it upheld the practices of polygamy, patriarchy and paternal authority.
Under Confucian morality, family relations were based on three principles: ton ti trat tu (order of precedence), trong nam khinh nu (high esteem for men and disregard for women), and bao dam quyen toi cao cua gia truong (guarantee of supreme power of patriarchs)[1]. Women had to observe the qualities of cong (total devotion), dung (tolerance), ngon (politeness) and hanh (good behavior and sweet character), especially tiet hanh (chastity, faithfulness). Under those principles, women’s life was limited within the family, with the duty to manage household affairs and take care of husbands and children, and were not allowed to take part in social activities.
Confucianism also restricted and annulled women’s legitimate rights by forbidding them from receiving higher education and preventing them from participating in social and political activities. So, women were naturally excluded from the political system as the mode of recruiting mandarins in this period was mainly through examinations. Even women involved in political affairs would be prosecuted.
Under the influence of Confucian ideology, Vietnam’s feudal laws institutionalized Confucian rites and moral standards with many provisions and severe measures against women. However, with the cultural tradition of wet-rice agriculture that gave high esteem to women, Vietnamese feudal legislators acknowledged and protected several rights and interests of women in various aspects, which were not seen in Chinese feudal laws.
Quoc Trieu Hinh Luat (the Royal Criminal Code) of the later Le Dynasty contained the largest number of provisions on protection of women among those on protection of vulnerable groups. Meanwhile, Hoang Viet Luat Le (the Royal Laws and Regulations of Vietnam) of the Nguyen Dynasty had 17 articles and 43 regulations related to women. Therefore, it is evident that the feudal laws of this period acknowledged and protected a number of women’s rights in various domains: marriage and family, civil contracts, inheritance, property ownership, and criminal procedures.
The criminal laws in feudal Vietnam also demonstrated a humanitarian spirit toward vulnerable groups in society, including women, who were subject to lighter penalties than those imposed on male offenders, and were allowed to use money as ransom for certain crimes.
Article 1 of Quoc Trieu Hinh Luat provided: “The punishment by truong (strokes of heavy wood stick), luu (exile), do (hard labor), and biem chuc (grade demotion) are imposed only on men”[2]. The first volume of Hoang Viet Luat Le provided notes on subjects entitled to use money as ransom for a number of offenses, which included the elderly, children, sick persons, the disabled, and women.[3]
Regarding execution of judgments, the law stated: “Female offenders who are sentenced to death or whipping but are pregnant shall have their judgment execution delayed for 100 days after birth (Article 680 of Quoc Trieu Hinh Luat, published by the History Institute, 2009, p. 133). Women were entitled not to be held in custody for offenses punishable by exile or lesser penalties.
Hoang Viet Luat Le contained one article titled Phu nhan pham toi (Female offenders) in Doan nguc (Imprisonment) chapter, enclosed with four regulations, saying: “Women who commit crimes other than adulteries and death-liable offenses shall be handed over to their husbands, close relatives, or villagers if they did not have husbands, for management. When being summoned by local mandarins, they must appear, no one shall be detained. Those who disobey this order shall be penalized with 40 whippings” (the History Institute, 2009, p. 977).
In the marriage and family domain, the law recognized and protected some personal rights of women, such as the right to break off an engagement (Article 332 of Quoc Trieu Hinh Luat) if their fiancés suffered serious ailments, committed crimes or went bankrupt; the right to divorce in cases where husbands abandon their wives for five consecutive months (as reported to local mandarins who acted as witness). If they have children, the divorce would be postponed for one year (Article 308 of Quoc Trieu Hinh luat, History Institute, 2009, p.70).
If sons in-law insulted their parents in-law for absurd reasons and such was reported to local mandarins, divorces would be allowed (Article 333 of Quoc Trieu Hinh Luat, History Institute, 2009, p. 74). If husbands disappeared or fled away for three years, their wives can report such to the mandarins and apply to remarry and shall not have to return the wedding presents (Article 108 of Hoang Viet Luat Le). After their marriages terminate, women may remarry.
Women were also entitled to own their property and co-own marital property. The contracts on trading, transfer, mortgage or donation of assets must be signed by both husbands and wives.
Feudal laws also recognized the inheritance rights of the eldest daughters (Article 391 of Quoc Trieu Hinh Luat) or allowed wives to inherit property if their husbands died without children (Articles 375 and 376), or daughters were entitled to heritage portions equal to sons’.
Under Vietnam’s feudal laws, acts of infringing upon the honor, dignity, health and lives of women were severely punished. Quoc Trieu Hinh Luat provided: “Those who entice unmarried girls shall be sentenced for fornication and subject to pecuniary penalties; the brokers shall be subject to hard labor or exile (Article 402); and “those who commit rape shall be sentenced to exile or death and must pay compensation to the victims or their relatives; if they cause the death of the victims, their property must be given to relatives of the dead victims.”
Hoang Viet Luat Le stated: “Village tyrants who appropriate wives or daughters of innocent families as concubines or gifts to others shall be sentenced to hanging. Those who commit rapes or incest shall be sentenced to hanging or beheading[4], or those who snatch or rob girls or women on street and sell them to others or bring them home as slaves shall all be subject to beheading, and their accomplices to hanging.[5]
So, in a nutshell, feudal law during this period recognized and protected certain rights of women in various domains such as marriage and family, inheritance, property ownership. Meanwhile, it also restricted their access to higher education and participation in social and political activities.-
[1] Nguyen Tai Thu: Confucianism in Vietnam - A number of theoretical and practical matters, Social Sciences Publishing House, Hanoi, 1997, pp 101-103.
[2] The system of five criminal penalties: xuy (whipping), truong (strokes of heavy wood sticks), do (hard labor), luu day (exile to remote region), and tu (death).
[3] The History Institute, Vietnamese ancient laws: Quoc Trieu Hinh Luat (Royal National Criminal Code) and Hoang Viet Luat Le (Royal Laws and Regulations of Vietnam), Education Publishing House, 2009, p. 10.
[4] Ibid, p. 218.
[5] Ibid, Education Publishing House, Hanoi, 2012. p. 623.
