Law Codification Under Vietnamese Monarchies Notes

Vietnamese monarchies (10th-19th centuries) codified laws for uniform and easy enforcement.
Two forms of codification:
- Promulgating codes (content codification).
- Collections of common law (nominal codification).

Legislative achievements varied across kingdoms due to subjective and objective factors.
Promulgation of codes was the most fundamental legislative success.
Five codes were compiled and promulgated.

Tran Dynasty promulgated rules and regulations after Tran Thanh Tong's ascension (1226), supplemented in 1230.
In 1340, King Tran Du Tong ordered the compilation of "Tru Hin Luit" (National Criminal Code of the Royal Court), also known as "Bo Hin Two," in a single volume by Nguyen Trung Ngan, Truong Han Sieu, and Trong Han Su.

Oldest preserved code.
Primarily elaborated under King Le Thanh Tong in the late 15th century, supplemented later.
Composed of 722 articles in 12 chapters and six volumes.
Considered the pinnacle of legislative achievements.

Elaborated and promulgated in the later years of King Le Hien Tong.
The only code providing legal procedures.
Legislative outcome of the 18th century with numerous amendments and supplementations.

Compiled in Hue during the Gia Long era and promulgated in 1815 under King Gia Long (also referred to as the Gia Long Code).
Consists of 398 articles arranged in seven chapters.
Modeled after China's Da Qing Lu Li (Great Qing Laws and Regulations) but with distinct provisions.

Importance attached to systematizing single legal documents into collections of common law.
Promoted during the Ly, Tran, and Le dynasties.
Examples:
- "Hình Thư" (Ly-Tran dynasty).
- "Quốc Triều Lệ Thư" (Ly-Tran dynasty).
- "Thông Khảo Văn Khảo Sách Lục" (Ly-Tran dynasty).
- "Lụ̂t Thư" (six volumes, Nguyen Trai, Le Dynasty).
- "Hình Lụ̂t Lệ" (six volumes, Phan Phu Tien, Le Dynasty).
- "Tọng Điển Thước" (Collection of forms of contracts).
- "Lệ Triều Quan Chế" (100 volumes).
- "Hồng Đức Thiện Chính Tự, Sí Hoàng Châm Khuê" (Mandarin Dome Rules).
- "Hình Thức" (forms of application and records of cases).
- "Chu Lệnh Thế Thiện Chính", seven volumes (17th century).

Kổng Đình Đại Nam Hội Điển Sự Lệ.
Đại Nam Điển Lệ Tọc Ụ.
Minh Mệnh Chính Yếu.
Great system of documents approved by kings (1802-1945) covering politics, diplomacy, economy, culture, social, and military affairs.

Substantial and nominal codifications were important.
Promulgation of codes and thousands of separate legal documents demonstrated progress in the feudal state's view of the role of law.
10th century: The national legal system was underdeveloped due to just regaining independence.
Ly-Tran Dynasties: Stability and development promoted legislative work.

Head of the Lai dynasty was fully aware of the necessity to promulgate statutory laws.
Laws were for people to know and comply with, mandarins to have a foundation for adjudication, and the state to have a basis to inspect and oversee mandarins.
In 1428, King Le Thai To ordered mandarins to compile a code for promulgation, stating, "In the past as well as at present, law is required to rule a country. Without law, a country will fall into chaos."

Various kings promulgated many legal documents.
Collected, amended, and combined into "Quốc Triều Hình Lụ̂t" under King Le Thanh Tong.
18th century: importance of promulgating a separate code that only regulated legal procedures.

Kings from Gia Long to Tu Duc emphasized lawmaking to maintain state rule and prevent moral degeneration.
In 1811, King Gia Long ordered Nguyen Van Thanh, U Trinh, and Tran Huu to review royal ordinances and regulations and consult laws of Hong Duc and the Qing dynasty for compiling laws.
King Zhao Long: "Living in a society humans have endless desires. Without law to prevent them, there will be no way to lead people into moral education."
Law serves as an instrument to help the rule.

Lawmakers comply with principles such as legality, respect for objective law, scientificity, timeliness, democracy, publicity, professionalism, systematicity, feasibility, harmony between domestic and foreign laws, and harmony of interests.
Legislative ideology of lawmakers approached current viewpoints in some contents.
Harmonious combination between acceptance of outside political and legal values and national historical and cultural elements.

Manifest in the compatibility between law and morality, protocols and law, and law and customs.
Ideology of managing the state and society by law in combination with morality (rule of virtues and rule of law).

Vietnamese monarchs attached importance to law enforcement.
King Le Thanh Tong often reminded courtiers to comply with the law.
The state ensured publicity and transparency of law.
Legal documents were made public through announcements, postings, and dissemination at meetings.
Principles of scientificity, transparency, feasibility, and consistency were demonstrated.

Legislative initiatives were made by kings, aristocrats, and mandarins.
Laws were compiled through:
- Kings assigning agencies to elaborate documents and submit them for approval.
- Kings examining and approving reports of mandarins.
- Kings assigning senior mandarins to compile codes.

In 1811, King Gia Long assigned Nguyen Van Thanh , U Trinh, and Tran Huu to gather laws, consult Chinese laws, and supplement them.
The code was completed in 1812 and applied nationwide from 1816.

Structures of the Hồng Đức Code and Gia Long Code show systematic classification.
Codes began with general matters and principles, followed by chapters on specific domains.
Comprehensive regulation of basic aspects of social relations.
Each article included assumption, provision, and remedy.

Article 89 of Quốc Triều Hình Lụ̂t: Funeral services forbidden during the coronation month; violators penalized with 50 whippings and demotion.
Article 585: If buffaloes fight, the dead buffalo is divided, and the surviving one is used for fieldwork by both families; violators subject to 80 strokes.

Prescribed illegal proceedings with a different structure.
Composed of 133 articles in 31 chapters.
With a rational and clear structure, it created favorable conditions for application in adjudication.

Legislative experiences, ideas, principles, processes, and techniques of ancient Vietnamese codes continue to hold significance today.