Luật dân sự tiếng anh

On 24 November 2015, the National Assembly passed the new Civil Code năm ngoái, a leading code governing all civil relations in the society, which will take effective sầu và replace the current one on 1 January 2017.

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The Civil Code provides the legal status, legal standards for the conduct of natural and juridical persons; the rights and obligations of natural & juridical person (hereinafter referred khổng lồ as persons) regarding personal & property rights và obligations in relations established on the basis of eunique, freedom of will, independence of property & self-responsibility (hereinafter referred to as civil relations).
1. In the Sociacác mục Republic of Vietnam giới, all civil rights are recognized, respected, protected & guaranteed under the Constitution and law.
2. Civil rights may be limited as prescribed in law in exceptional circumstances that due to national defense và security, social safety và order, social ethics và the community"s health.
1. Every person shall be equal in civil relations, may not use any reason for unequal treatment to others, and enjoy the same protection policies of law regarding moral rights and economic rights.
2. Each person establishes, exercises/fulfills & terminates his/her civil rights and obligations on the basis of freely và voluntarily entering inlớn commitments and/or agreements. Each commitment or agreement that does not violate regulations of law & is not contrary lớn social ethics shall be bound by contracting parties and must be respected by other entities.
3. Each person must establish, exercise/ fulfill, or terminate his/her civil rights and/or obligations in the principle of goodwill & honesty.
4. The establishment, exercise và termination of civil rights and/or obligations may not infringe national interests, pubic interests, lawful rights & interests of other persons.
5. Each person shall be liable for his/her failure khổng lồ fulfill or the incorrect fulfillment of any such civil obligations.
2. Any relevant law that applies lớn civil relations in specific fields may not be contrary khổng lồ the basic principle of civil law prescribed in Article 3 of this Law.
3. If another relevant law has no regulation or has regulations that infringe Clause 2 of this Article, the regulations of this Law shall apply.
4. In cases where an international agreement to which the Sociacác mục Republic of Vietphái nam is a signatory contains provisions different from the provisions of this Code with regard to lớn a same matter, the provisions of such agreement shall apply.
1. Practices mean rules of conduct obvious to define rights và obligations of persons in specific civil relations, forming & repeating in a long time, recognized & applying generally in a region, race, or a community or a field of civil.
2. In cases where it is neither provided for by law nor agreed upon by the parties, practices may apply but they must not contravene the principles provided for in Article 3 of this Code.
1. In cases where a issue rises under scope of civil law which it is neither provided for by law nor agreed upon by the parties nor, nor applied by practices, analogy of law shall apply.
2. In cases where it is neither provided for by law nor agreed upon by the parties, practices may apply but they must not contravene the principles provided for in Article 3 of this Code.
1. The establishment, performance & termination of civil rights and obligations must ensure the preservation of national identities, respect & promote good customs, practices and traditions, solidarity, mutual affection và cooperation, the principle of every individual for the community và the community for every individual and the noble ethical values of ethnicities living together on Vietnamese soil.
2. In civil relations, the conciliation between contracting parties in accordance with regulations of law shall be encouraged.
4. Outcomes of labor, production & business; or creation of subjects of intellectual property rights;
1. Each person shall exercise his/her civil on his/her own will in accordance with Article 3 and Article 10 of this Code.
2. The non-exercise of civil rights does not constitute a basis for termination of those rights, unless otherwise prescribed by law.
1. Each person may not abuse his/her own civil rights to cause damage khổng lồ other persons or violate his/her own obligations or for other unlawful purposes.
2. If a person fails khổng lồ comply with Clause 1 of this Article, a court or a competent agency shall, according to the nature và consequences of the violation, either protect part or the whole of his/her rights, compel him/her to lớn given compensation và other sanctions as prescribed by law.
If a person has his/her civil rights violated, he/she may protect them himself/herself as prescribed in this Code, other relevant laws or request competent authorities to:
The self-protection of a particular civil right must conform khổng lồ the nature và severity of the violation against such civil right và be not contrary to lớn basic principles of civil law prescribed in Article 3 of this Code.
Each person has his/her civil rights violated shall be eligible for total damage, unless otherwise agreed by parties or unless otherwise prescribed by law.
If a particular civil right is violated or is under a dispute, the protection of such right shall be implemented as prescribed in procedural law at the court or arbitrator.
The protection of civil rights under administrative sầu procedures shall be implemented as prescribed by law. A decision on settlement of case/matter under administrative procedures may be re-examined at a court.
2. Each court may not refuse to settle a civil matter or case with the season that there is no provision of law khổng lồ apply; in this case, regulations in Article 5 và Article 6 of this Code shall apply.
Article 15. Cancellation of isolated unlawful decisions of competent agencies, organizations or persons
A court or a competent authority is entitled to cancel an isolated decision of another competent agency, organization or person, upon a request for protection of civil rights.
If the isolated decision is cancelled, the civil right against which the decision violates shall be restored và protected by the methods prescribed in Article 11 of this Code.
1. The legal personality of a natural person is his/her capability to have sầu civil rights & civil obligations.
3. Rights lớn participate in civil relations và lớn assume obligations arising out of such relations.
The legal personality of a natural person shall not be restricted, unless otherwise provided for by law.
The legal capađô thị of a natural person is his/her capability khổng lồ establish & exercise civil rights and persize civil obligations through his/her acts.

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2. Each adult shall have full legal capacity, except for the cases prescribed in Articles 22, 23 & 24 of this Code.
2. Civil transactions of each child under six years of age shall be established & performed by his/her legal representative sầu.
3. Each person who is from six lớn under eighteen years of age must have the consent of his/her legal representative sầu khổng lồ enter in and persize civil transactions, except for civil transactions which are performed for the purpose of meeting the needs of daily life suitable for the age group.
4. Each person who is from fifteen lớn under eighteen years of age is entitled to enter in và persize civil transactions by himself/herself, except for civil transactions related to lớn real estate, movables required registration và other civil transactions as prescribed by law that are subject to the consent of his/her legal representative sầu.
1. A court shall, based on the opinion of forensic-psychiatric examination by any authorized organization and at the request of a person with related rights or interests or a relevant agency or organization, issue a decision to declare a legally incapacitated person who as a result of his/her mental or other illnesses cannot realize or conduct his/her actions.
Where the basis on which a person has been declared incapacitated no longer exists, the court shall, at the request of such person or any person with related rights or interests, issue a decision to lớn revoke the decision declaring the incapacitated person.
2. All civil transactions of a legally incapacitated person shall be established and performed by his/her legal representative.
1. A court shall, based on the opinion of forensic-psychiatric examination by any authorized organization và at the request of a person with related rights or interests or a relevant agency or organization, issue a decision to lớn declare an adult with limited cognition or behavior control due to lớn his/her physical or spiritual condition, và appoint a legal guardian and define rights & obligations of such guardian.
2. Where the basis on which a person has been declared limited cognition or behavior control no longer exists, the court shall, at the request of such person or any person with related rights or interests, issue a decision lớn revoke the decision declaring the person with limited cognition or behavior control.
1. A court shall, at the request of a person with related rights or interests or a relevant agency or organization, issue a decision lớn declare a person with limited legal capacity after excessive sầu drug consumption or other psychotropic substances, worsening material situation of the family.
The court shall appoint a legal representative of the person with limited legal capađô thị & the representation scope.
2. All civil transactions related khổng lồ the property of a person with limited legal capađô thị declared by a court must obtain the consent of his/her legal representative sầu, except for transactions lớn meet the needs of daily life.
3. Where the basis on which a person has been declared limited capađô thị of exercise no longer exists, the court shall, at the request of such person or any person with related rights or interests, issue a decision lớn revoke the decision declaring the incapacitated person.
1. Personal rights specified in this Code are civil rights inherent khổng lồ each natural person, which cannot be transferred to other persons, unless otherwise provided for by other laws.
2. All civil relations relating to personal rights of a minor, a legally incapacitated persons, or a person with limited cognition or behavior control shall be established and performed with the consent of his/her legal representative sầu as prescribed in this Code, other relevant laws or decisions of a court.
All civil relations relating lớn personal rights of a person declared missing or dead shall be established và performed with the consent of his/her spouse or adult children; or his/her parents if he/she has no spouse or child, unless otherwise provided for by this Code or other relevant laws.
1. Each natural person has right khổng lồ have a family name and a given name (including a middle name, if any). The family và given names of a person shall be the family & given names in the birth certificate of such person.
2. The family name of a person shall be passed from his/her biological father"s or mother’s as mutually agreed between the parents; if the parents fails to agree, the person’s family name shall be determined according lớn customary practices. If the father of such person is undetermined, his/her family name shall be passed from his/her natural mother’s.
If an abandoned child whose natural parents are unidentified is adopted, his/her family name shall be passed from his/her adoptive sầu father’s or mother’s as mutually agreed between the parents. If the child has either an adoptive sầu father or an adoptive sầu mother, his/her family name shall be passed from such person’s.
If an abandoned child whose natural parents are unidentified và he/she has not been adopted but has been fostered by a foster establishment or a , his/her family name shall be determined at the request of the head of such foster family or at the request of the person registering the birth of the child.
Biological father and mother specified in this Code means a father & mother determined at the event of parturition; intended father and mother & the resulting child as prescribed in the Law on marriage và families.
3. The naming is restricted in case it violates lawful rights và interests of other people and contravenes basic principles of civil law prescribed in Article 3 of this Code.
The name of each Vietnamese citizen must be in Vietnamese or other ethnic minority languages of Vietphái mạnh và not include any figure or any symbol other than a letter.
4. Each natural person shall enter in & perkhung his/her civil rights and obligations following his/her family & given name.
5. A person may not use his/her code name or pen name khổng lồ cause damage to lớn the lawful rights and interests of other people.
1. An individual has the right to lớn request a competent authority to recognize a change of a family name in any of the following cases:
a) Changing the family name of a natural child from biological father’s to lớn biological mother"s or vice versa;
b) Changing the family name of an adopted child from biological father’s or mother’s lớn adoptive father"s or mother’s at the request of the adoptive parents;
c) If a person ceases to lớn be an adopted child and such person or his/her biological father or mother request to lớn reclaim the family name which is given by the biological father or mother;
d) Changing the family name of a person whose biological parents have sầu been identified upon the request on that father or mother or such person;
e) Changing the family name of a person to lớn his/her spouse’s in the marriage and family relations involving foreign elements in accordance with law of the country in which the foreign spouse is a citizen or retrieves his/her family name before the change;
g) Changing the family names of children upon the change of family names of their father’s or mother’s;
2. The changing of the family name of a person who is nine years of age or older shall be subject khổng lồ the consent of such person.
3. The changing of a family name shall not change or terminate the civil rights and obligations which were established in the former family name.
1. An individual has the right to lớn request a competent authority to lớn recognize the change of a given name in any of the following cases:
a) Where it is so requested by the person who has a given name which causes confusion or has an adverse effect on his/her feelings or on his/her honor, legitimate rights & interests;
c) Where the adoptive father or mother of the person wishes to lớn change the given name of their adopted child; of if a person ceases khổng lồ be an adopted child và such person or his/her biological father or mother request lớn reclayên ổn the given name which is given by the biological father or mother;
d) Changing the given name of a person whose biological parents have been identified upon the request on that father or mother or such person;
dd) Change the given name of a person to lớn his/her spouse’s in the marriage & family relations involving foreign elements in accordance with law of the country in which the foreign spouse is a citizen retrieves his/her family name before the change;
e) Changing of given name of a person whose gender identity is re-determined or a transgender person;
2. The changing of the given name of a person who is nine years of age or older shall be subject lớn the consent of such person.
3. The changing of a given name shall not change or terminate the civil rights và obligations which were established in the former given name.
2. Each individual shall have sầu his/her ethnicity identified at birth in accordance with the ethnithành phố of his/her biological father & mother. Where the biological father và mother belong lớn two different ethnic groups, the ethnithành phố of the child shall be passed from the father’s or mother’s as mutually agreed between the parents; if the parents fail to lớn agree, the ethnithành phố of the child shall be identified in accordance with relevant customary practices; if the customary practices are different, the ethnicity of the child shall be identified in accordance with the customary practice of smaller ethnic minority.
If an abandoned child whose natural parents are unidentified is adopted, his/her ethniđô thị shall be passed from his/her adoptive sầu father’s or mother’s as mutually agreed between the parents. If the child has either an adoptive father or an adoptive sầu mother, his/her ethnithành phố shall be passed from such person’s.
If an abandoned child whose natural parents are unidentified and he/she has not been adopted but has been fostered by a foster establishment, his/her ethniđô thị shall be identified at the request of the head of such foster family or at the request of the person temporarily fostering the child at the time when the birth of the child is registered.
3. An individual has the right to lớn request a competent authority khổng lồ identify or re-identify the ethnicity in any of the following cases:
a) Re-identification of the ethnithành phố of the biological father or mother where they belong lớn two different ethnic groups;
b) Re-identification of the ethnicity of the biological father or mother where the adoptive child have sầu their biological parents identified.
4. The re-identification of the ethniđô thị of a person who is from fifteen to lớn eighteen years of age shall be subject khổng lồ the consent of such person.
5. It is forbidden to lớn abuse the ethniđô thị re-identification intended khổng lồ profiteering or divisive, prejudicial lớn the unity of the ethnic groups of Vietphái mạnh.
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