Question number 1. Customs can be applied in all localities, to or for?

Normally it evolved from, can be released doctrine or cultural tradition so normally it applied in
particular society F

04. Customs can be applied in all liberal branches, to or for?

Any other ranks that you see that customs cannot be applied?Criminal law, Constitutional law and
Administrative law ,Public law, yes. In general, custom and monopoly are used most in civil law
because the civil relations are very various. It means that there are some cases where we don't have
legal provision to govern it, so we can use custom instead.

Number 6. Sources of law include only legal normative documents, true or false? False.

False. Why? It includes customary law and also precedent

Yes, we have all the sources of law, what we taught in our first class, like the precedent and
customary law as well.

Number 7. All traditional customs have legal efficacy. False.

False. Why? Because to have legal efficacy, it must be compatible with the law by the state and
recognized by the state to have rule of law.

Yes, the customs must be in compliance with the law of the state and they are recognized by the
state to become customary law.

It means that it has the legal validity.

Number 9. Customary law has the same origin with precedenct. False. False. Why?

The precedent, the regulations must make them use their law of justice.

Yes. Customary law evolved from conduct or behavior, which are recognized by the society, while
the precedent comes from the judgment. It is the law of the court. That is why the precedent is like
the law of the court.

Question number 2. What is customary law? Very simple.

Yes. Basically, there are customs that are recognized and enforced by the state power and are called
customary law.

Number 4, explain the sources of law in Vietnam. In our country, how many sources of law do we
have?

There is a dispute about the third source of law.

The first one is legal documents which are passed or propagated by the state institution. And other
sources of law? Customary law.

Customary law? precedent. But we have only 64 residences which are published by the Supreme
Court.

And in Article 6 of the Civil Code 2015, we see that in some specific cases, the court also applies
what is called as empty.
When we don't have any suitable legal provision or there is no customary law that can be applied,
we can use empty.

Number 5, distinguish Custom and customary law. Customary law.

Yes. Some customs which are in compliance with the state policy, the law of the state can be
recognized and enforced by the state power and they become customary law.

Yes. Not all customs can be considered as customary law. But customary law has the origin in some
customs. Very easy.

So two weeks ago, we stopped at this case, right? And this is his wife.

So now let's talk about the law's creative efficacy of customs. So here, I have a code. Like, customs is
to society what law is to state.

So what does it mean? This is about the role of customs or the meaning of customs. And it says that
customs is to society what law is to state. So why do we say that and what does it mean?

So here you can see that both customs and law are the two kinds of expression of the willings of
people and the ability of the people.

Custom, what we consider is true, what we consider is right and what we believe is justice in our
society.

And custom is the embodiment of principles which are recognized by the national consciousness and
the principle of true justice and public unity.

And the state in most of the cases, in most cases, the state shall accept those principles which are
already recognized and accepted by the society, and they can transfer them into the context of the
legal provision which makes them become the law which are promulgated by the state.

So when we think about the history or the development of custom, it appeared at a very early stage
in the development of human society, even before any law was passed by any state in the world. So
we say that custom is to society, while law is to state.

So how do you understand this code?

So any state in the development of human society, even before we have any state, we have some
underlying principle which are widely accepted by the members of our society. And we believe that
when we performing those principles, we can protect, we can enhance the justice in our society. So
that is why we call custom. For example, if you want to take something from someone,

you need to give something for exchange, for example. And then we have the state, and we talk
about the origin of state, when we have the conflict between classes in our society,

and you need some kind of institution that has the power to settle all of that kind of conflict

and to conduct some work of the society as well. So then we have the law, which is passed by the
state. But even before that point in time,
we already have some popular customs in our society. And then when the state, when the state
appears, normally they will transfer some customs

which are in compliance with the policy, the ruling of the ruling class, and make them become the
law of that state.

And you can see some very familiar legal provisions in some code for act passed by our National
Assembly.

Like in the family law, most of them come from very popular customs, popular ethical rules in our
society,

like about the duties of children to our parents, or the duty of parents of taking care of their
children, for example.

So all of them basically stand for the ethical rules in our society, and then they are enforced, and
they became the law.

So here we have two basic foundations for the reception of customs, and they become customary
law

through the process of recognizing and enforcing by the state power. So the first one is the relation
between the state and customs in their development.

So as I said, the customs basically embody some principles which are acknowledged and approved
by the public opinion of the society, like something that we conduct several times in the past, and
we believe that is the best way to protect the customs in our society.

And when the state appear, and it makes them law to govern our social relation of that society, it
also in respect of its material content, and then we call it, it has some basic customs which are
accepted by the society previously.

And then when the state performs its two main functions, the first one is administrating justice. It
will accept the validity of rules in line in the customs,

and seek to conform the national usage of the law. It means that it will conform to the form or
nature of the law based on the material, based on the material which comes from the customs
which are accepted by the society.

What does this mean? So before the state,

we have the rules of the community. So before the state appears, we have the rules of the social
system, which is the rule of the state. So we have the rules, the rules of the common justice,

which the members accept and give the right to that justice. And then we have the rules of the
community, which are the customs, which are the rules of the community. And then the state
appears,

and the state has the right to make the rules. But basically, those rules are not completely different
from the customs which the community has accepted before. No. And what will it be like?

It will choose the customs which are in line with the will and the policy of the government, and then
it will use the government's rules to make the rules. And then it will use the government's rules

to make the rules.

so she can be punished or sanctioned by other members of our society. And yes, any other customs are not recognized by
our state.

Kidnapping. Kidnapping husband.

Any other popular customs that used to be widely accepted in the past, but nowadays they are not recognized by the state,

which means that they are not enforced by the state power, and when someone is following that custom, they can violate
the law of our state. Any other customs?

One person can use more purpose or one husband can have more than one wife. That is not legal in our country,

but in other countries, for example, maybe in Malaysia, they still accept it. They accept as long as he can take care of all of
his wives. Any other customs?

That are no longer recognized by the state? Sacrificing someone.

Sacrificing someone before the God. Sacrificing someone before the God.

Like as a bid for the God to ask for something in exchange, maybe for the good weather, for rain, and other things.

Any other customs? Honor killing. Honor killing. Honor killing. For what? Islam.

Like when the girls commit some haram, and they will be thrown by the stone to death. Other people will throw some
rocks on that person

to kill him or her. Yes. It's not legal in Vietnam, but maybe in some Islamic countries, they still do it. What?

But Samurai, they commit suicide. It is banned from the Manchurian revolution. The Manchurian emperors,

they are banned from this custom. But in the past, they are the owners of Samurai. Yes. They do it to show their honor, to
show their pride, so they kill themselves. Yes.

The Métis, the Métis emperors, they practice to improve in his countries. Yes. That's very interesting. Yes.

What about Vietnam? We have like around 64 enneas. So we have like hundreds of customs in
different areas of life.

But some of them still exist nowadays, but some of them are prohibited by the state due to like
technical reasons.

Are you now okay?

Custom is offered into the law. So with me in the song, we do not have what is the real custom.

We must go to Dak Lak to see the ethnic customs which is so real and some are so all others.
Yes. But in Ho Chi Minh City, I mean like in urban areas, sometimes we can see some customs that are conducted by people

even though they are not regulated in any kind of law.

Like, for example, something happened in this month. Very popular, especially when you go to District 8, District 5, or
District 6.

Very popular, even though we don't have any explicitly rules or regulations about this, how can I say, this stuff. In what?

In this month. It's legal, right? It's not illegal because it's not prohibited by any law. But it is not compulsory because it's not
provided in any law in Ireland.
So, what is that? It's the most technical people who are trying to pose it, pose it, pose it, to worship. To worship. To
worship.

To worship. Do you have a property theft? To worship. To worship. To worship. Maybe. To worship. To worship. Well, in
my opinion,

in my area, like the food and other things, like pork and chicken. So if you rise to something that you put

in front of your house, it's for the ghost. But apparently, the ghost cannot meet up. So someone can take it after you finish
your like...

from this to what you finished? yeah, that's right but it's a video that I watched from Facebook

so when they are exercising that kind of exercise some people try to get into the older house

and doing something else besides the things that they put in front of their house so that kind of conduct can be considered
as a kind of burglary or theft

so it's kind of difficult to identify whether that conduct is legal or not but that's something that I'm saying here

that the customs, even though it's not regulated in any law but many people still conduct it
voluntarily because we don't force them to do it

but we still want to do it for some reasons so the second foundation for the reception of customs
may regard

is about the expectation of people about the continuing of justice in society and what does it mean?
here, so even before the state appears

before we have any official law which are passed by the state the performing of customs is the way
that all members of society

believe that when we do it, we can protect the justice we can protect the fair in our society

so the existence of the established usage is the basis for rational expectation of its continuing in the
future it means that when the state appears and we can promulgate some law to govern the society
it's a good reason, it's a reasonable purpose for the state to keep on the customs which are in
compliance with the will of the ruling class except for the case that is like violating on the policy so
we can't enforce it but in other cases, we should keep accepting it and maybe make them before
become the law of the state to persuade the members of the society about the continuing of justice
in our society as I said, in Vietnam

most of our ethical principles about the duties of members in the family are recognized and
regulated in the family law

it's a very great example about this reason for the reception of customary law by the state

so we talk about customs and customary law

from the very first class in this course and here I have a very simple a very brief definition about
customary law

SLIDE we say that custom is a type of behavior a type of conduct which is repeatedly conducted by
the members of one particular society

and they are protected by other members and some of them can be enforced some of them can be
recognized by the state and then they become customary law so here we can say
customary law is a habit or a usual practice or a common way of acting or behavior derived from
religious doctrine or cultural tradition

and they are established by the community and then they are enforced and recognized by the state
so here I have one, two, three

three different terms the first one is custom the second one is village convention and the final one is
customary law now what we want you to do is

distinguish between these three terms see how they are different custom is tạp quán village
convention is hư ước hư ước is the traditional way of saying

in the past, it was very common and finally, customary law is luận tạp quán now we will distinguish
these three parts to see how they are different for example, about the subject

the subject is who it is and is it necessary or not and what is the scope of the application in the area
or in the country

and this term custom village convention and customary law the first one is who has authority to
make this the second question is

so is it legally binding to the member of the society and the final question is so this kind of source of
law

is applied in which area like in one local area or in one local area of our nation

now we have prepared two answers three of you will write and you will write about one one of the
sources one will do a practice and the other will do a hư ước

and the last one will do a observation and the last one will do a practice who has the power who has
the authority to make it and the second one is

is it legally binding is it legally binding or is it a customary law in which area or in the country

in which area or in the country

Phu Quoc Hoan Is Phu Quoc Hoan big? Yes, it is big I watched some videos of Phu Quoc Hoan in
District 6 or District 8

They are big and have a lot of money They don't have to tell you the amount of money They will give
you a lot of money There is Phu Quoc Hoan with a lot of filming

They just released the song The song is very good It's not different from the song It's very good

The box is a lonely box Right

I think we will die soon I think we will die soon Why? The box is not complete

The box is not complete We are surprised that Kim did it I'm not completely confident But if we can
do it

We should do it I'm very confident If we can determine the price If we have a good price

The price is good But the price is expensive

If it is expensive

The price is high If it is not good Then we will wait But the price is good It's very good
If it is good It's very good But she doesn't care about anything. So, I can do it.

Why are you trying so hard? You're so smart. Can you learn how to make ice cream at home? Yes, I
can.

Now, you guys will know about the custom. You're the one who made the feeling convention. You're
the one who made the custom made in London. Now, I'll ask you three questions. Who is the person
who made this?

Does it come from the physical form? And where did you apply it?

So, there are custom and custom gary law.

Okay, I'll show you guys. There are two types of custom and custom gary law.

There are many types of ice cream. There are many types. The practice is very high. The highest
practice is the light cabinet. There are no light cabinet researchers. Can you guys see what exactly
they are doing?

So, in the case of the fantastic ice cream from Wikipedia, p verlents to the toolbox, isn't it too big?
The points are out of my developement. Hey, let me come in. Oh, you can come in.

Here, P Volana.

This is what you want?

Which brand is this? What did you order?

T M E Here, I'm gonna borrow this one. It's very difficult to borrow.

It's hard to reach. We even have to cut with our hands. We also have to cut with our hands. Please.

For the human rights, there are two options. First, the client will be able to see the product. Second,
the client will be able to see the product. What's the definition? The product is expensive. So the
product is not suitable for the customer's needs.

The first is not suitable for the client. The second is not suitable for the client. I'm thinking of the first
one. I'm not sure what you mean by that. We're not sure what you mean by that. We're not sure
what you mean by that. What about the financial situation?

I'm just asking if there is any requirement for the government to allow the government to
guarantee, for example, Covid-19.

Some people have been doing this for a long time, but they still don't know how to do it.

First of all, I know a lot of ways to support people, like money, medicine, food, etc.

But I'm just asking if during the time of the government's enforcement, for example, in the case of
public transportation, do you have any restrictions on the government's side?

Or do you want to impose any restrictions on the government? So I can explain to you. What are the
restrictions? How are they different from the government's rules? I'm just asking for your opinion.
I'm just asking for your opinion.

For example, the government's restrictions are from ICCIA, ICSCA, UBSCA, and the French Ministry of
Justice. They have some restrictions on each other. For example, the law of law.
The law of law with the current law of law. And the international law, the law of education. I have to
choose the next point. So there are a lot of things.

A lot of things.

And they tend to go to each other. But I think that.

This one is the best This one? Really?

This one is the best This one is the best This is the last one

This one is the last one

I hope this one will be opened again

I hope this one will be opened again

Are you going to the event?

Are you going to the event? Ah I think I will This one It's delicious

I don't know if it's dark It's good It's good

It's good

It's good It's good It's good It's good It's good It's good It's good You can sit here and have a rest. Yes,
you can sit here and have a rest. This chair is for you.

Okay, Village Convention. So who has the right to make this convention? The members of the village.

And it will depend on the willingness of both relevant parties and decided by the chief of the village.
The convention is the state, right?

And it is not legal. It's not legal by them. And it applies in a particular local area or in a particular
village.

The second form, custom, origin, human, within the certain community may be animal too.

The custom of animal. Well, I think that is not legal. It's not the one contained of a cost. Maybe in
other... It's not the one contained of a cost.

Maybe in other... Legal binding and a social norm would be... Legal binding and a social norm would
be... The word is beautiful. Culturally.

Ah, culturally, socially... Mentally. Mentally. Mentally. Binding and recognized by... Yes.

That... That... By someone of the community that for days a law of...

Over... A law of... That community... That community... That community... That community... By any
local or international... This one... This one is on the board.

A paper could not read it. Customs are... Undefeasible. For... Human. For human or...

Something of nature. They are all human and any... Any... Any... Any kind of species... Move...

who fall from the usual area they may bring their person to the other... the other part of the world
the other part of the world What happens when you do the registration?

It is called by... After you do the registration, what does it do? Your typical area of...
Attributed Attributed It means that it is not related to the theory It is not related to the theory It is
related to the... other themes such as...

social culture It is related to its character So can you apply one person for all areas in one action? No
No

Not only in one particular society one particular community only Yeah In a certain group of people
and they are recognized by the state

level-binding enforcement by the state in a particular remedy Yes Well, in Vietnam there is one way
of recognizing

customs in our country we can recognize it by the activity of the legislation Autonomy in the

geographic area

Actually, because they are recognized and enforced by the state and now they become law it means
that they can be applied

in different areas of the national Vietnam They are not they are passed by the national state for the
state Right? So, everyone, remember to sign up for this for the activity of the state

Okay, so today we stop here and see you next week

Bye Bye ciao bye ciao bye

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