VIETNAM LEGAL DOCUMENTS

Update time 10:35:14, 29/06/2011 - 2052 views
The Civil Code provides the legal status, legal standards for the conduct of individuals, legal persons, other subjects;the rights and obligations of subjects regarding personal identities and property in civil, marriage and family, business, trade
Number sign: No. 33/2005/QH11
 
Name: Civil Code No. 33/2005/QH11dated
 
Category:  
 
Promugation date: 27/06/2005
 
Promugation organ: NATIONAL ASSEMBLY
 
Signature man: NGUYEN VAN AN
 
Effective date: 01/01/2006

CIVIL CODE 2005
 
PART ONE GENERAL PROVISIONS
 
Chapter I
TASKS AND EFFECT OF THE CIVIL CODE

Article 1.
- Tasks and governing scope of the Civil Code


The Civil Code provides the legal status, legal standards for the conduct of individuals, legal persons, other subjects;the rights and obligations of subjects regarding personal identities and property in civil, marriage and family, business, trade, labor relations(hereinafter referred collectively to as civil relations).
The Civil Code has the tasks of protecting legitimate rights and interests of individuals and  organizations, State interests and public interests; ensuring legal equality and safety in civil relations, contributing to the creation of conditions for meeting the material and spiritual demands of people, and to the promotion of socio-economic development.

Article 2.
- Effect of the Civil Code


1. The Civil Code shall apply to civil relations established from the effective date of this Code, unless otherwise provided for by this Code or the National Assembly’s resolution.

2. The Civil Code shall apply in the territory of the Socialist Republic of Vietnam.

3. The Civil Code shall apply to civil relations involving foreign elements, unless otherwise provided for by treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 3.- Application of practices, analogy of law In cases where it is neither provided for by law nor agreed upon by the parties, practices can be
applied; if practices are unavailable, analogy of law may be applied. Practices and analogy of  law must not contravene the principles provided in this Code.
Chapter II
BASIC PRINCIPLES

Article 4.
- Principles of free and voluntary undertaking and agreement

The right to freely undertake or agree on the establishment of civil rights and obligations shall be guaranteed by law, if such undertaking or agreement is not banned by law and/or not contrary to social ethics. In civil relations, the parties shall act entirely voluntarily and neither party may impose, prohibit,  coerce, threaten or hinder the other party. Lawful undertakings or agreements shall be binding on the parties and must be respected by
individuals, legal persons and other subjects.

Article 5.- The principle of equality


In civil relations, the parties shall be equal and shall not invoke differences in ethnicity, gender, social status, economic situation, belief, religion, educational level and occupation as reasons to treat each other unequally.

Article 6.
- The principle of goodwill and honesty


In civil relations, the parties must act in goodwill and honesty in establishment and performance of civil rights and obligations; neither party shall deceive the other party.

Article 7.- The principle of bearing civil liability


The parties shall strictly perform their own civil obligations and shall themselves be liable for the non-performance or the incorrect performance of obligations; if a party does not voluntarily perform, it shall be forced to perform its obligations in accordance with the provisions of law.

Article 8.- The principle of respect for good morals and traditions


The establishment and performance of civil rights and obligations must ensure the preservation of national identities, respect and promote good customs, practices and traditions, solidarity, mutual affection and cooperation, the principle of every individual for the community and the community for every individual and the noble ethical values of ethnicities living together on Vietnamese soil. Ethnic minority people shall be given favorable conditions in civil relations so as to step by step improve their material and spiritual life. The task of assisting elderly persons, young children and persons with disabi-lities in the performance of civil rights and obligations shall be encouraged.

Article 9.
- The principle of respect for, protection of, civil rights


1. All the civil rights of individuals, legal persons or other subjects shall be respected and protected by law.

2. When the civil rights of a subject are infringed upon, he/she/it shall have the right to protect such rights by him/her/itself in accordance with the provisions of this Code or request competent agencies or organizations to:

a/ Recognize his/her/its civil rights;

b/ Order the termination of the act of violation;

c/ Order a public apology and/or rectification;

d/ Order the performance of civil obligations;

e/ Order compensation for damage.

Article 10
- The principle of respect for State interests, public interests and legitimate rights and interests of other persons  The establishment and performance of civil rights and obligations must not infringe upon State interests, public interests and legitimate rights and interests of other persons.

Article 11
.- The principle of compliance with law The establishment and performance of civil rights and obligations must comply with the provisions of this Code and other provisions of law.

Article 12.
- The principle of conciliation In civil relations, conciliation between the parties in accordance with the provisions of law shall be encouraged. No one may use force or threaten to use force when participating in civil relations and/or resolving civil disputes.

Article 13.
- Bases for establishment of civil rights and obligations Civil rights and obligations shall be established on the following bases:

1. Lawful civil transactions;

2. Decisions of courts or other competent state agencies;

3. A legal event which is specified by law;

4. Creation of spiritual values which are intellectual property objects;

5. Legitimate possession of property;

6. Damage caused by an illegal act;

7. Performance of a task without authorization;

8. Illegal possession and use of assets or illegal gain therefrom;

9. Other bases specified by law.
Chapter III  INDIVIDUALS
Section 1.
CIVIL LEGAL CAPACITY, CIVIL ACT CAPACITY OF INDIVIDUALS
Article 14.
- Civil legal capacity of individuals

1. The civil legal capacity of an individual is his/her capability to have civil rights and civilobligations.

2. All individuals shall have the same civil legal capacity.

3. The civil legal capacity of an individual shall exist from the time he/she is born and terminate when he/she dies.

Article 15
.
- Contents of the civil legal capacity of an individual An individual shall have the following civil rights and obligations:

1. Personal rights not associated to property, and personal rights associated to property;

2. Ownership rights, inheritance rights and other rights with respect to property;

3. Rights to participate in civil relations and to assume obligations arising out of such relations.

Article 16.
- No restrictions on the civil legal capacity of an individual

The civil legal capacity of an individual shall not be restricted, unless otherwise provided for by law.

Article 17

.- The civil act capacity of an individual

The civil act capacity of an individual is his/her capability to establish and perform civil rights and obligations through his/her acts.

Article 18

.- Adults and minors

Persons who are full eighteen years old or older are adults. Persons who are not yet full eighteen years old are minors.

Article 19
.- The civil act capacity of an adult

An adult shall have full civil act capacity, except the cases specified in Article 22 and Article 23 of this Code.

Article 20.
- The civil act capacity of minors who are between full six years old and under full eighteen years old

1. Persons who are between full six years old and under full eighteen years old must have the  consents of their representatives at law when establishing and performing civil transactions, except those transactions to meet their daily-life needs suitable to their age group or otherwise
provided for by law.

2. In cases where a person who is between full fifteen years old and under full eighteen years old has his/her own property to ensure the performance of obligations, such person may establish and perform civil transactions by him/herself without the consent of his/her representative at law, unless otherwise provided for by law.

Article 21.

- Persons without civil act capacity

Persons who are under full six years old shall not have civil act capacity. All civil transactions of persons under full six years of age must be established and performed by their representatives at law.

Article 22.

- Loss of civil act capacity

1. When a person is incapable of cognizing or controlling his/her acts due to mental disease or other ailments, the Court may, at the request of the person(s) with related rights or interests, issue a decision to declare such a person as having lost his/her civil act capacity, based on the
conclusion of a competent medical examination body. When there is no longer a basis for declaring a person as having lost his/her civil act capacity,
the Court shall, at the request of such person him/herself or of a person with related rights or interests, issue a decision to revoke the decision declaring the loss of civil act capacity.

2. Civil transactions of persons who have lost their civil act capacity shall be established and performed by their representatives at law.

Article 23
.- Restrictions on civil act capacity

1. Persons whose addiction to narcotics/drugs or to other stimulants leads to the squandering of their families’ property may be declared by decision of the Court to be persons with a restricted civil act capacity, at the request of persons with related rights or interests or of relevant agencies or organizations.

2. The at-law representatives of persons with a restricted civil act capacity and the scope of such representation shall be decided by the Court. Civil transactions related to the property of persons with a restricted civil act capacity must have the consents of their representatives at law, except for transactions to meet their daily-life needs.

3. When there is no longer a basis for declaring that a person has a restricted civil act capacity, the Court shall, at the request of such person him/herself or a person with related rights or interests, make a decision to revoke the decision having declared the restriction on his/her civil
act capacity.
more detail...
Share
Tag:

Leave a Reply

Other news

Law 46/2010/QH12 16/06/2010 (20/01/2012) Law 44/2009/QH12 25/11/2009 (20/01/2012) Law 45/2009/QH12 25/11/2009 (20/01/2012) Law 39/2009/QH12 23/11/2009 (20/01/2012) Law 42/2009/QH12 23/11/2009 (20/01/2012) Law 43/2009/QH12 23/11/2009 (20/01/2012) Law 36/2009/QH12 19/06/2009 (20/01/2012) Law 52/2010/QH12 17/06/2010 Adoption (20/01/2012) Law 51/2010/QH12 17/06/2010 (20/01/2012) Law 50/2010/QH12 17/06/2010 (20/01/2012) Law 29/2009/QH12 17/06/2009 (11/11/2011) Law 30/2009/QH12 17/06/2009 (11/11/2011) Law 25/2008/QH12 14/11/2008 (11/11/2011) Law 44/2009/QH12 25/11/2009 (28/10/2011) Decree 29/2011/ND-CP 18/04/2011 (28/10/2011) LAW ON SCIENCE AND TECHNOLOGY (01/07/2011) THE CRIMINAL CODE (01/07/2011) Civil Code (01/07/2011) Decree No.103/2006/ND-CP dated september 22, 2006, detailing and guiding the implementation of a number of articles of the law on intellectual property regarding industrial property (29/06/2011) Decree N.o 72/2006/ND-CP dated July 25, 2006 on detailing the trade law’s regulations on representative offices, branches of foreign businesses in Vietnam (29/06/2011) Decree No. 22/2006/ND-CP dated february 28, 2006, on organization and operation of foreign bank branches, joint-venture banks, banks with 100% foreign capital,... (29/06/2011) Decree No.100/2006/ND-CP dated september 21, 2006, detailing and guiding the implementation of a number of articles of the civil code and the intellectual property law regarding the copyright and rela (29/06/2011) Decree N.o 89/2005/ND-CP dated JULY 11, 2005 on detailing the implementation of a number of articles of the ordinance on anti-subsidy for imports into vietnam (29/06/2011) Detailing No. 150-2003-ND-CP dated 8 December 2003 on the implementation of the ordinance on safeguards in the import of foreign goods into vietnam (29/06/2011) Decree No.78-2007-ND-CP dated May11, 2007 on investment on the basis of build-operate-transfer (bot), build-transfer-operate (bto) and build-transfer (bt) contracts (29/06/2011) Decree No. 46/2006/ND-CP dated may 16 ,2006,on the disposal of cargo retained by carriers at vietnamese seaports (29/06/2011) Decree No. 89/2006/ND-CP dated august 30, 2006, on labeling of goods (29/06/2011) Decree No. 140-2007-ND-CP dated september 5,2007 ;Providing detailed regulations on the commercial law regarding conditions for engaging in logistic services business (29/06/2011) Law on Land No. 13-2003-QH11 dated 25 December 2001 (29/06/2011) Commercial law No. 36-2005QH11 dated june 14,2005 (29/06/2011)