VIETNAM NATIONAL UNIVERSITY, HANOI INSTITUTE OF VIETNAMESE STUDIES AND DEVELOPMENT SCIENCES -  - CAO THI THANH TAM CUSTOMARY LAW OF THE LACH ETHNIC GROUP IN LAC DUONG DISTRICT, LAM DONG PROVINCE AND IT’S INFLUENCE ON MODERN LIFE MAJOR THESIS OF VIETNAMESE STUDIES CODE: 60 31 60 Supervisor: Assoc.Prof.Dr Lam Ba Nam Hanoi, 2012 UNDERTAKING I hereby undertake the topic of dissertation is the result of my personal research The materials of others have been quoted origin clearly I take full responsibility for this undertaking AUTHOR Cao Thi Thanh Tam ACKNOWLEDGEMENT  To complete this thesis, we would like to express our gratitude to the teachers of Vietnam National University, Hanoi in general, the Institute of Vietnamese studies and Development Sciences in particular, have taught and supported dedicatedly for us during the 2009 -2011 academic courses We especially would like to thank to Assoc.Prof.Dr Lam Ba Nam teacher directly guided me during implementing this thesis We would like to thank the people in Lac Duong district - Lam Dong province, who have provided us with valuable real material during the actual fieldwork At the same time, we also thank to aunts and uncles of the People's Committee of Lac Duong district haved provided us with data and information to illustrate the subject We sincerely thank aunts and uncles, belonging to: -The Resource Center of the Institute of Vietnamese studies and Development sciences - Hanoi National Library, the Library of Dalat University - Cultural and Information Department of Lam Dong, the Library of Lam Dong province Have created favorable conditions for us in collecting and researching materials to complete the dissertation On this occasion, we also would like to express gratitude for family, friends - who encourage, motivate and help us during the learning process and completing this thesis Sincere thanks! Hanoi, 2012 AUTHOR LIST OF ACRONYMS No ACRONYM Assoc.Prof  Associate Professor MA  Master Pg  page LIST OF TABLES No 1.1 TABLE NAME SOURCE Population in terms of ethnic group and Statistic Office of Lam Dong province gender dated on April 1, 2009 of Lac Duong district Statistics of religious association in Lac 1.2 General Council of Lac Duong district in 2010 Duong People’s Committee 1.3 Public Security of Lac Duong town, Lat Lach people in Lam Dong province as of commune, Head of Mang Lin, K’ren and April 15,2011 Tan Lin hamlets TABLE OF CONTENTS INTRODUCTION Reasons for research topic selection .4 Purpose of the research Subject and scope of the research Research methods Contribution of the thesis 10 Thesis outline 11 CHAPTER BACKGROUND, LITERATURE REVIEW, OVERVIEW ON THE RESEARCH LOCATION AND LACH ETHNIC GROUP .12 1.1 Background 12 1.1.1 Definition of Customary law 12 1.1.2 Origins and basis of Lach customary law 16 1.2 Literature review 18 1.3 Overview on the research location .22 1.3.1 Natural conditions 22 1.3.2 Founding history 24 1.4 Typical feature of Lach group 27 1.4.1 Names, origin, residential history and population facts 27 1.4.2 Economic features 31 1.4.3 Belief and religion features 32 1.4.4 The traditional social organizations 33 1.5 Sub-conclusion of Chapter 35 CHAPTER CUSTOMARY LAW OF THE LACH ETHNIC GROUP IN LAC DUONG DISTRICT, LAM DONG PROVINCE 37 2.1 Forms of the Lach customary law 38 2.2 Content of the Lach customary law .40 2.2.1 Ways of trial and punishments in the Lach customary law 40 2.2.1.1 Ways of trial in the Lach customary law .40 2.2.1.2 Punishments in the Lach customary law 41 2.2.2 Customary law of the Lach ethnic group and some contents related to life .43 2.2.2.1 “Norms” of Lach customary law as to people's behavior toward natural environment 43 2.2.2.2 The Lach customary law and community institutions 46 2.2.2.3 The Lach customary law on marriage and family 50 2.2.2.4 The Lach customary law on ownership and inheritance of property 65 2.2.2.5 The Lach customary law on civil disputes 68 2.3 Comparison of the Lach customary law with that of other ethnic groups in other places in Lam Dong province 72 2.3.1 Similarities .72 2.3.2 Differences 73 2.4 Sub-conclusion of Chapter 77 CHAPTER EFFECTS OF THE LACH CUSTOMARY LAW IN LAC DUONG DISTRICT, LAM DONG PROVINCE ON MODERN LIFE 79 3.1 Changes of the Lach customary law in Lac Duong district, Lam Dong province on modern life 79 3.1.1 Causes of changes 79 3.1.2 Changes of Lach customary law in Lac Duong district, Lam Dong province on modern life 83 3.2 Role and disadvantage of the Lach customary law in Lac Duong district, Lam Dong province on modern life 92 3.2.1 Role 92 3.2.2 Disadvantage 95 3.3 Sub-conclusion of Chapter 98 CONCLUSION 100 REFERENCES 106 ANNEX………………………………………………………….……….110 INTRODUCTION Reasons for research topic selection Lam Dong province has been long well-known for its capital city of Dalat, a poetic city covered with flowers and fog all year round It is also the fatherland The province used to be the home land of several indigenous ethnic minority groups such as Ma, Co ho, Chu ru, M’nong, etc Amongst the long-standing residents of the province, Co ho community predominates in terms of population1 Currently, the population of Co ho community reaches 166.112 people (as of April)2 Co ho ethnic group consists of various local subgroups such as Lach, Sre, Co Don, Cil, Nop, etc Among these subgroups, ethnic Lach is proud to be the community living on the legendary, epic land of Langbiang and the owner of ancient Dalat (DàLàc: the stream of Lach ethnic group) Discussing on traditional culture of Lach, it is a lack not to mention a cultural aspects which holds special values – customary law (Nri) Oral customary law, generated in an undifferentiated society in term of class, sophisticatedly influenced by matriarchy, though it had never been recorded in any document, just as any other ethnic group in Truong Son – High Land area, sustain an incredibly latent and powerful vitality in present life In oral customary law of the minor ethnic groups in Truong Son – Highland area in general and those of Lach ethnic group in particular, it is always possible to According to results of population survey conducted in 1999, there was 996, 221people in Lam Dong province Beside Viet ethnic group, there were 12 minor ethnic groups, in which Co ho ethnic group occupies 112,373 people (in 128,723 Co ho people nationwide), accounting for 11.2% population of the entire province Ma ethnic group follows with population of 25,289 people (accounting for 5.5% provincial population) Then come M’Nong ethnic group of 9,679 people (0.98%) and Chu ru with 14,579 people (2,5% According to General Statistic Office, “General Demographic survey in 2009”, Statistics Publisher, Hanoi, 2009 find stipulations in every aspect of human’s life, from behavior towards the environment and to the matter of property, from organization and institutions to social relations such as marriage and family relationship, from folk beliefs to the ritual system, etc However, the modern life in which globalization is currently penetrating in every corner even that of a distant area has brought not only benefits but also negative impacts, says, the collapse of traditionally cultural values Amongst those values, customary law of Vietnamese minor ethnic groups in general and those of Lach ethnic group in particular are also in the threat of fade What should be done to help the minor ethnic groups in general and Lach ethnic group to keep paces with the modern life and socio-economic growth yet still sustain and develop their unique cultural characters? This is also an issue in concern of Vietnam Communist Party and Vietnam State In the Fundamental Guideline in developing the country in the transition period to Socialism passed in 10th National Congress [12, pg.75] (in January 2011) of Vietnam Communist Party, a consistent orientation, which was once more confirmed, is “Build and develop an advanced culture with strong national identity” It is a sought orientation for integrity of growth and tradition because it is the tradition that generates national power along the national establishing and defensing history in the past, in the present and in the future From the reality, we select “Customary law of the Lach ethnic group in Lac Duong district - Lam Dong province and it's influence on modern life” as the research topic for our graduation thesis of Vietnamese study major Hopefully, via the interdisciplinary and multidisciplinary approaches, this thesis shall restore, at best possibility, a real pictures of Lach ethnic group customary law for the purpose of preserving one of the traditional cultural values of Lach ethnic group in front of the fading threat, contributing to the 18 Ro Ong Cuel 1963 Dang hamlet – Lat Female Peasant commune 19 Bon Đing Sao 1935 Male Dang hamlet – Lat Peasant commune 20 Cil Misa 1980 Male Ro lom hamlet – Da Don Peasant commune – Lam Ha 21 Krajan Ly 1991 Female Student of Dang gia hamlet - Lac History Duong town Faculty - Dalat university 22 Pang ting Viet 1979 Male Policeman of Danggia hamlet - Lac Lac Duong Duong town town 23 Krajan Mo 1931 Male Peasant Dang gia hamlet - Lac Duong town 24 Ro Ong K’pek 1962 Female Peasant Danggiadit B hamlet La Duong town 25 Pang ting Jai 1958 Female Peasant Bon dong Hamlet – Lac Duong town 26 Pang ting Ji 1957 Female Peasant Bon dong Hamlet – Lac Duong town 27 Đa Guot Mloi 1937 Male Peasant Bon dong Hamlet – Lac Duong town 28 Krajan Tham 1971 Male The owner of Bon dong Hamlet – Gongs Club - Lac Duong town 116 Lac Duong town Krajan Te 1962 Male The owner of Bon dong Hamlet – Gongs Club - 29 Lac Duong town Lac Duong town 30 Pang ting Saly 1963 Bon dong Hamlet – Female The owner of Gongs Club - Lac Duong town Lac Duong town Krajan Duynh 1961 Male The owner of Bon dong Hamlet – Gongs Club - 31 Lac Duong town Lac Duong town Pang ting Sin 1982 Male The owner of Bon dong Hamlet – Gongs Club - 32 Lac Duong town Lac Duong town Krajan Troi 1971 Male Teacher of Bon dong Hamlet – primary 33 Lac Duong town school 34 Krajan Ho Phui 1990 Female Student of Bon dong Hamlet – Vietnamese Studies Lac Duong town – Dalat University 35 Cil Huynh 1973 Male Peasant 117 Bon dong Hamlet – Lac Duong town 36 Krajan Huil 1982 Bon dong Hamlet – Female Peasant Lac Duong town 37 Ro Ong Ha 1983 Male Peasant Dang Kia hamlet - Lat Lien commune - Lac Duong Lam Dong 38 Bonyo Dapset 1961 B’Nor B hamlet - Lat Female Peasant commune 39 Cil Vinh 1982 Male Officer of Lat Dang commune Land – Lat – Lat commune Survey Bureau 40 Krajan Bel 1987 Female Peasant Dang commune 41 Boner Jack Cill 1958 Male Officer of Lac B’Nor B hamlet - Lat Duong Land town commune Survey Bureau ANNEX SOCIALIST REPUBLIC OF VIETNAM 118 Independence - Freedom - Happiness -MINUTES OF SAMPLE INTERVIEW Time: 8.00 a.m on June 19, 2011 Venue: At the house of the interviewee Participants: Interviewer: Cao Thi Thanh Tam Interviewee: Cil Kuyen Sex: male Address: B’Nơr B hamlet – Lac Duong town Date of birth: 1960 Occupation: Officer of Lat Commune Justice Bureau - Lac Duong district INTERVIEW CONTENT: A Some issues related to customary law of Lach people in Lac Duong district, Lam Dong province Question 1: Do you still remember the customary law of your fellowcitizen? Answer: Yes, I but not all because our customary law are plentiful Question 2: Did the father's generation pass down customary law sentences to the children's generation? Answer: Yes, of course In the past, on every occasion when the crowd gathered in the highland village (in weddings, funerals, festivals), the village patriarched usually told us about the customary law of the highland village Question 3: Can you tell us about the customary law of the Lach people in the past and current society? 119 Answer: There wree many strict regulations in the customary law of the Lach people, which helps maintain the peacefulness in the highland villages before At present, some customary laws are still helpful, especially it maintains some manners and customs of the Lach people Question 4: Do the youth's generation today desire for learning about the traditional customary law of their ethnic groups? Answer: Yes, they Question5: In your opinion, should the traditional customary law be maintained in the current society? Answer: In my opinion, what is called as traditional customary law should be respected and maintained Furthermore, Lach customary law is still used once there is any dispute or conflict occurring in families in the highland village Question 6: Can you tell about the sanctions of the Lach customary law imposed on the offenders? Answer: Depending on the violation level, the customary law shall impose various sanctions Basically, such sanctions as warnings, compensation for damages of property, driving the offenders from the village, etc B Some issues related to the Lach customary law in terms of people's behaviors against the natural environment and community institutions Question 1: Were there any regulations of customary law to protect natural environments? Answer: Yes, there were Before, there was law on natural environment protection like now The customary law regulated not to cut down trees in 120 holy forests, not to pollute the water sources and not to encroach on other people's land Question 2: Do you still remember any customary law sentence of protecting natural environment? Answer: I'm sorry, but I not remember any specific customary law sentence of this issue I only remember such contents of the customary law regulations as it is not allowed to cut down trees in a holy, otherwise, the offender will be punished by Yang and fined by the village authorities Question3: What regulations of the Lach customary law were set out for the relations between members in the highland village and Kuang bon? Answer: In accordance with the customary law, Kuang bon was the leader of the highland village and selected by people Thus, the members in the village must respect the Kuang bon Question 4: Can you tell us about the regulations of the Lach customary law for the relations among members in the highland village with each other Answer: The members in the highland village must love, protect and help mutually in the daily life Question 5: How did the Lach customary law regulate about the role of the family host? Answer: As a family host, he/she must represent his/her family to settle such issues arising in the family as dispute, divorce etc C Some issues related to the Lach customary law of marriage and family Question 1: Can you tell about the taboos in traditional marriages of the Lach's people 121 Answer: According to the traditional Lach customary law, the biggest taboo in marriage is that "marriage on the mother's side", furthermore, it is not allowed to get married to hostile families and people of other ethnic groups Question 2: Did the customary law regulate about exacting wedding gifts? Answer: Our customary law didn’t specify particular gifts but wedding gifts are compulsory, which expresses the great gratitude to giving birth and settled position and up-bringing of groom's parents Question3: Did the customary law regulate who in the family shall decide the wedding of their children? Answer: Normally, it was a must to be accepted by the parents, maternal uncle of both sides Question 4: Do you still remember any customary law sentence referring to those who decide the marriage? Answer: Kỡn sa sớt mốt tờm tang Kỡn sa bang mốt tờm Kơnla Kỡn sa ka gêr dà tơ nơ Kỡn fi kịn fi bơ lẻy rơh lẻy mae It means: To acquire honey, going into the forest to find To acquire bamboo shoots, going to bamboo hedges To acquire fish, going to the lake To get married, please ask for the agreement of parents on both sides Question 5: Do the customary law impose sanctions on incest, adultery? 122 Answer: These are the "taboo" in the traditional marriage, especially incest, if anyone is involved in incest shall organize a sin-offering against the Gods, highland village and the offender must offer many cattle and even shall be driven from the village Similarly, the adulterer/adulteress must compensate some buffalos, gongs, etc for the honor of the spouse Question 6: Did and how the Lach customary law regulate about the relationships in the family? Answer: Yes, they did The customary law specify the relationship between wife and husband, parents and children, brothers and sisters in a family, it was not allowed to divorce, the wife played a role as a breadwinner According to the customary law, the parents were responsible for bringing up their children until mature, marrying off for their children, taking responsibilities for their faults For the children, they must obey their parents, as a daughter, she must serve her parents when they get older In addition, children must in turn organize ceremony of congratulation on their parents' longevity to express their gratitude to their parents for their giving birth and up-bringing D Some issues related to the Lach customary law in terms of inheritance, property ownership and civil disputes Question 1: Did the customary law regulate about inheritance and property ownership? Answer: Yes, they did For example, only daughters shall be inherited properties in family because son shall get married and live in his wife's family Question 2: In case of civil disputes, who shall handle and how were the trial procedures? 123 Answer: Usually, in case of fights, property stealing occurring in the highland villages, Kuang bons, on behalf of the village will preside over the trial Kuang bon will convene both families to present the case After considering and determining who was right and wrong, depending on the damage level, the wrong side shall compensate for victims For example, Mr A was quarrelsome with Mr B, then Mr A shall apology for Mr A's family by offering a wine jar and a chicken to Mr.B's family to eat, drink and reconcile mutually The interview finishes at 11 A.M of the same day 124 ANNEX STATISTICAL TABLE OF SYSTEM OF CUSTOMARY LAW OF LACH PEOPLE IN LAC DUONG DISTRICT, LAM DONG PROVINCE NUMBER OF NO LAW CONTENTS OF COLLECTED CUSTOMARY LAW BY THE AUTHOR Adjudication and sanctions People's behavior against the natural environment QUOTED BY AUTHOR 04 05 00 Community institutions 02 Marital relations 06 Family relations 09 Inheritance and asset ownership 01 Civil disputes 02 25 125 OF LAW 00 Total NUMBER 01 02 02 00 00 07 ANNEX SOME PHOTOS ARE ILLUSTRATED ABOUT CULTURAL LIFE OF LACH PEOPLE IN LAC DUONG DISTRICT, LAM DONG PROVINCE (Photos were taken up by author during field trips in the study area, in 2011) Photo 1: The traditional house Photo 2: The traditional clothes 126 Photo 3: Engagement memorabilia of Lach people Photo 4: Pig five ears – gifts in wedding 127 Photo 5: Bride, Bridegroom in the traditional wedding clothes 128 Photo 6: Bride, Bridegroom in the mordent wedding clothes Photo 7: Author was interviewing Mr Bon Đing Be and Mrs Cil Jai - Bon dong hamlet – Lac Duong town, on September 9, 2011 Photo 8: Author was interviewing Mr Cil KuyenB’Nor B hamlet – Lac Duong town, on September 9, 129 2011 130 ... EFFECTS OF THE LACH CUSTOMARY LAW IN LAC DUONG DISTRICT, LAM DONG PROVINCE ON MODERN LIFE 79 3.1 Changes of the Lach customary law in Lac Duong district, Lam Dong province on modern life ... history in the past, in the present and in the future From the reality, we select ? ?Customary law of the Lach ethnic group in Lac Duong district - Lam Dong province and it''s influence on modern life? ??... for the purpose of this research Topic ? ?Customary law of the Lach ethnic group in Lac Duong district , Lam Dong province and it''s influence on modern life? ?? mainly belongs to interdisciplines of