VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
LU VAN TUYEN
THE VALUES OF HUMAN RIGHTS
IN CUSTOMARY LAWS OF THAI ETHNIC MINORITY
IN THE NORTHWEST OF VIETNAM
Major: Constitutional law and Administrative law
Code: 9 38 01 02
SUMMARY OF DOCTORAL THESIS IN LAW
Scientific supervior: Assoc. Prof. Dr. NGUYEN THI VIET HUONG
HA NOI – 2020
The Doctoral thesis was completed at:
GRADUATE ACADEMY OF SOCIAL SCIENCES
Scientific supervior: Assoc Prof. Dr. Nguyen Thi Viet Huong
Reviewer 1: Prof. Dr. Dao Tri Uc
Reviewer 2: Assoc Prof. Dr. Dinh Xuan Thao
Reviewer 3: Assoc Prof. Dr. Le Thi Huong
The doctoral thesis will be examined by Examination Board of
Graduate Academy of Social Sciences at ………………………….
The doctoral thesis can be found at:
- National Library of Vietnam;
- Library of Graduate Academy of Social Sciences
LIST OF AUTHOR’S PUBLISHED WORKS
RELATED TO THE THESIS
1. Lu Van Tuyen (2015), Protecting, taking care and educating
children complying with Thai customary law, Journal of Education and
Society, no. 7/2015, Hanoi.
2. Lu Van Tuyen (2015), Promoting the value of customary rules
aims to security Thai Ethnic’s cultural rights in Viet Nam, Journal of
Education and Society, no. 8/2015, Hanoi.
3. Lu Van Tuyen (2015), Equal rights of women in Thai customary law in
Northwest Vietnam, Journal of Theoretical Education no. 234/2015, Hanoi.
4. Lu Van Tuyen (2015), The rights of ethnic minorities in
international law and Vietnamese law, Journal of Political Theory no.
10/2015, Hanoi.
5. Lu Van Tuyen, Do Thi Minh Thu (2015), Values of ownership
rights in customary laws with the good implementation of land and natural
resources management and use in Thai ethnic minority in Northwest
Vietnam, Journal of Theoretical Education, no. 235/2015, Hanoi.
6. Lu Van Tuyen (2016), Preventing and combating bureaucratic
corruption in Thai customary law in Northwest Vietnam, Internal affairs
magazine, no. 31/2016, Hanoi.
7. Lu Van Tuyen (2016), Rights-based approach in formulating and
implementing policies and laws on the rights of ethnic minorities in
Vietnam, monographs “Human Rights-Based Approach – Theories and
Pratices”, Faculty of Law – Vietnamese National University, National
University Press, Hanoi.
8. Lu Van Tuyen, Lo Thi Viet Ha (2016), Preventing crimes
according to the customary law of Thai in North West Vietnam, Journal of
Education and Society, no. 9/2016, Ha Noi.
9. Lu Van Tuyen (2016), National self-determination rights and the
rights of ethnic minorities according to international and Vietnamese law,
Internal affairs magazine no. 11/2016, Hanoi.
10. Lu Van Tuyen (2017), Ensuring the rights of ethnic minorities in
the 2013 Constitution, monographs “Implementing constitutional rights in
the 2013”, Faculty of Law – Vietnamese National University, Political
Publishing House, Hanoi.
11. Lu Van Tuyen (2018), Protection of ownership rights in Thai
customary law in Northwest Vietnam, Journal of Education and Society no.
5/2018, Hanoi.
1
INTRODUCTION
1. Rationale
The obligation of promoting and protecting human rights both in
legislation and reality needs all contributions of nations, classes and
individuals but not every single one. To achieve that goal, we are creating a
“human rights culture” at all levels that specific and traditional values align
with international legal standards recognized of human worth and dignity. It
is also considered as a solution to promote human rights implementation
effectively.
Our nation, Vietnam, has 54 ethnic groups. Over 10 million people
out of a population of nearly 100 million, there are 53 ethnic minorities,
including Thai ethnic minority. The statistics of the 2009 Population and
Housing Census in Vietnam, there were 1.550.423 Thai ethnic people that
accounted for 1,6% of national population and ranked third after the Kinh
and the Tay. In the past, Thai ethnic people in the Northwest of Vietnam
owned progressive ideas with profound humanitarian values and human
rights expressed by many different methods. In these ideas, customary laws
are the most quintessential one in the process of community awareness
development and has a certain position in regulating the relationships in the
life of Thai ethnic people. Customary laws, in the Thai, is “hít khoòng”.
That means “customs and traditions” or “rule”. Customary laws are strictly
followed by members of the community.
Nowadays, the implementation and assurance of human rights are
being implemented, in which the promotion of traditional cultural values
has been given special attention in developing policies and laws on ensuring
human rights. In this context, the PhD candidate decided to choose the topic
“The values of human rights in customary law of Thai ethnic minority in the
Northwest of Vietnam” to be a doctoral thesis in law with the desire to
contribute to studying comprehensively and systematically related contents.
2. Purposes and missions of the thesis
2.1. Purposes
The overall purpose of the dissertation is building a scientific
justification for a solutions system to ensure and enforce human rights, the
2
rights of ethnic minorities in Vietnam which is based on traditional values
and always exists in the our country from the past until the present.
2.2. Missions
- Systematize theoretical awareness of human rights values and
human rights values in traditional history. On that basis, focus on clarifying
theoretical issues and contents on human rights values of Thai‟s customary
laws in Northwest Vietnam.
- Study and give some comments on current situation of the
implementation of human rights in Thai‟s minority area in Northwest
Vietnam. Clearly identify the successes and limitations that exist and indicate
the causes. Besides, determine the application of human rights values in
customary laws with the meaning of ensuring the implementation of human
rights.
- Propose recommendations and solutions to promote the human
rights values of Thai‟s customary laws in Northwest Vietnam to ensure the
implementation of human rights in Thai‟s community in Northwest Vietnam.
3. The thesis’s objects
The thesis‟s objects are Thai‟s customary law in the Northwest
Vietnam and the value of human rights contained in Thai‟s customary law;
the ability to inherit and promote those values on making and practicing
current law on the implementation of human rights for Thai‟s community in
Northwest Vietnam; political, economical, cultural, social, and legal factors
that have influences on the application of Thai human rights in Thai‟s
customary law on ensuring and enforcing human rights for Thai‟s community
in Northwest Vietnam.
4. The thesis’s scope
The research scope of customary laws approaches from the
perspective of the concept and customary characteristics of Thai people;
assess the value of Thai‟s customary law in the community; explores
experiences that promote human rights values in the traditional history of the
world and Vietnam.
The research scope on inheriting and promoting human rights values
in customary laws to formulate and apply laws: focus on surveying and
