Tran Hong Nhung, LL.D
State and Administrative Law Faculty
Hanoi Law University
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| An elderly man receives New Year’s greetings from his children and grandchildren in a Vietnamese family in the early 20th century__Photo: https://giaoducthudo.giaoducthoidai.vn |
In feudal Vietnam, the elderly were considered to have played an important role in many aspects. They were the mainstay of the family and important contributors to the social, cultural and political domains. Respect for the elderly was manifested in traditional Confucian moral values as well as in Buddhist ideology deeply rooted in social life. The position and role of the elderly were demonstrated through the following principal aspects:
First, the elderly were regarded as symbols of experience, morality and tradition, possessing rich life experiences and broad, profound knowledge about customs, politeness, uprightness, and social rules. They preserved and passed cultural, family and community traditions to young generations, thereby contributing to social stability.
Second, in their role as patriarchs and advisers in families or family lines, the elderly were responsible for managing property, reconciling internal conflicts, and gave advice to descendants on important family decisions.
Third, in socio-political life, many high-ranking mandarins and senior consultants in the feudal state apparatus, such as Tran Thu Do, Nguyen Trai, Nguyen Binh Khiem, and Le Quy Don, exerted a great impact on the establishment, maintenance and consolidation of the royal court.
In villages and communes, elderly people often joined village councils, playing important roles in handling community matters and ensuring unity as well as social order and safety. With community respect, the prestigious aged people acted as representatives of the commoners, conveying their aspirations, feelings and will to the royal court.
Under the Tran dynasty, the “Dien Hong” conference was attended by respected elders, demonstrating their role in preserving social unity, protecting traditions, and acting as a bridge between the feudal rulers and the people, contributing to national cohesion in difficult times.
Hence, Vietnamese monarchies adopted different social security policies not only to provide material protection to the elderly but also to recognize their important role in the community.
Prior to the Early Le dynasty, the feudal state implemented various social security policies for the elderly, including tax exemptions, exemption from hard labor, and disaster relief. During the Ly and Tran monarchies when Buddhism was almost regarded as the national religion, pagodas became relief centers, distributing food to the hungry and helping the weak and elderly in difficult circumstances. This was a form of social security of a religious nature, voluntarily organized by local communities and Buddhist monks and nuns. Yet, under the strong Confucian influence of the Early Le and Nguyen dynasties, the state’s role in caring for the elderly became clearer, with social security policies legalized and implemented at all three levels: the family, the village and commune, and the state.
Social security policies for the elderly under the Early Le dynasty
The Early Le dynasty (1428-1537) was considered one of the most important periods of development in feudal Vietnamese history, especially in building and improving the administration apparatus, legislation and social policies, particularly those attaching special importance to the elderly. The institutions guaranteeing social security policies for the elderly were based mainly on the system of the family, village and commune, and on legal provisions deeply imbued with the Confucian spirit. Specifically:
Family and family lines
Family and family lineages constituted the principal institution for caring for and nurturing the elderly. They were respected and cared for by descendants under the moral principle of “politeness and uprightness,” expressed in the saying “Kinh lao dac tho” (those who respect the elderly will live long). Family annals often praised exemplary cases of filial piety and recorded stories of children and grandchildren who showed good care and devotion to their elders.
Village and community
Villages and communes constituted grassroots administrative units where elderly people, especially lonely individuals in difficult plights, were assisted by local organizations and communities, as demonstrated by collective activities, religious rites, and humanitarian festivals.
The State
During this period, the feudal state promulgated legal regulations on the protection and preferential treatment of the elderly.
Under the Le dynasty, lenient policies toward elderly offenders were applied, demonstrating humanitarianism in the administration of justice. Under Articles 16 and 17 of “Quoc Trieu Hinh Luat” (National Royal Criminal Code), persons aged 70 or older, 15 or younger, or those with disabilities who committed crimes punishable by “luu” (exile to remote areas) or lighter penalties were allowed to pay ransom, except in cases involving ten grave offenses. Offenders aged 90 or over were exempted from the death sentence.
The elderly were protected by law regarding their property, honor and power in the family. The state law prescribed severe criminal penalties against offspring who failed to respect or care for their parents and grandparents. The “Quoc Trieu Hinh Luat” provided: “Those who insult their parents or grandparents, or daughters in-law who insult their parents- and grandparents-in-law shall be sentenced to ‘giao’ (hanging).” (Article 32); “offspring who disobey the teachings of their parents or grandparents shall be punished with 100 “truong” (strokes with a heavy wood stick).” (Article 308). “If offspring stealthily sold the property of their parents when the latter were still alive, they shall be severely punished.” (Article 378)
Social security policies for the elderly under the Nguyen dynasty
Following the principle of respect and care for the elderly, feudal rulers of the Nguyen dynasty adopted many progressive policies, including:
Economic assistance: Shortly after he was crowned in 1804, King Gia Long carried out a nationwide land allocation to ensure that every citizen owned a portion of land corresponding to his or her rank and position in society. Under the regulations, village and commune mandarins were required to give priority to vulnerable people, including elderly people aged 70 or older and widows, who were given an additional portion of land.”[1]
Rewards: The reward policies under the Nguyen dynasty were more specific than those of previous monarchies, with the elderly divided into two categories: elderly mandarins and commoners, each with clearly prescribed rewards. For example, mandarins of first, second and third ranks who lived to 100 years of age were awarded 100 taels of silver and 10 lengths of silk. Those of the fifth and sixth ranks and aged 100 received 80 taels of silver and eight lengths of silk. Men aged 100 were rewarded 30 taels of silver, three lengths of silk, and three lengths of cloth, while women of the same age were given 20 taels of silver, two lengths of silk, and two lengths of cloth.[2]
In the period from 1822 to 1884, the Nguyen dynasty conferred rewards 52 times on long-lived persons in society - 18 times under King Minh Menh (over 21 years); five times under King Thieu Tri (over seven years); and 34 times under King Tu Duc (over 36 years). According to records, only 38 mandarins received such honors (mostly aged 80 or older, with just two reaching 100), while the number of long-lived commoners was 168.[3]
With economic support measures, the Nguyen dynasty helped elderly men and women in various localities have a stable and better life even though they were taken care of, and protected by children, grandchildren and other family members.
The feudal rulers adopted severe punitive measures against mandarins who were dishonest or unlawful in implementing policies towards the elderly. According to historical records, many local mandarins were sanctioned for failing to register aged inhabitants in their localities. For instance, in 1827, the ruling mandarin of Binh Thuan province was stripped of three months’ salary and bonuses for failing to register three aged persons; in 1830, the ruler of Quang Ngai province was demoted for failing to promptly report an old couple, both aged 100, before they died of sickness.
Protection of aged persons’ honor, dignity and health: Under “Hoang Viet Luat Le” (Royal Laws and Regulations of Vietnam), also known as the Gia Long Code, penalties were applied to elderly offenders with leniency. Special importance was also attached to protecting the honor and dignity of elderly people. The Code specified various offenses such as attempted murder of grandparents (Article 253), beating parents or grandparents (Article 288), and insulting parents or grandparents (Article 300), all of which were severely punished.
The monarchical policies on protection of the elderly aimed to protect their legitimate rights and interests as well as their honor and dignity. These policies were based not only on state laws but also on fine national traditions and practices. This helped ensure the effective enforcement of the policies and the sustainable maintenance of social stability.
However, the social security system in feudal Vietnam was based largely on families and local communities, which failed to benefit elderly people living alone and those in underdeveloped areas.
It can thus be seen that the role and position of aged people in families, family lines and society were protected through the promotion of fine national traditions and practices. This also helped foster unity between generations and build a harmonious and sustainable society.-
[1] Dai nam thuc luc (Chronicles of Great Vietnam), volume 1, p. 619.
[2] Quang Chan, the Nguyen dynasty’s policies toward the elderly (1802-84 period), Vietnam Social Science Review, Issue 4, 2024.
[3] Vietnamese ancient law: Le Trieu Hinh Luat (Royal Criminal Law of the Le dynasty) and Hoang Viet Luat Le (Royal Laws and Regulations of Vietnam), History Institute, the Education Publishing House, Hanoi.
