CHAPTER 4 PRIVATE LAWS

 4.1 Civil law

 4.2 Contract Law
 4.3 Business law
 4.1. Civil Law

 General concepts of the civil law

 Main contents of the civil law
 General concepts of Civil Law

 Adjusting objects: Civil relationships

“Article 1 Applicability
This Code regulates the legal status of and the legal standards for conduct of
individuals and legal entities; the personal and property rights and obligations of
individuals and legal entities in relations formed on the basis of equality, free
will, asset independence and self-responsibility (hereinafter together referred to
as civil relations).”

- Individuals
- Legal entities
 General concepts of Civil Law

 The common features of the relations

The same legal status

Equality

Free will

Asset independence

Self -responsibility
 General concepts of Civil Law

 Adjusting methodology: Equality in all the

stages of the civil relations
+ Formation
+ Implementation
+ Dispute Settlement
 The sources of Civil Law

 The constitution
 Civil Code (a main source)
 Law on different fields: Law on
Commerce, Law on Marriage and Family,
Law on Intellectual Property Rights…
 International Treaties (which Vietnam is
one of contracting parties)
 Civil Code

 The Civil Code 1995

 The Civil Code 2005
 The Civil Code 2015
- 04 Parts
- 27 Chapters
- 689 Articles
 Civil Relationships

03 elements: Subjects, objects ,

contents
 The subjects of Civil Relationships
(Civil Law)

 Individuals
 Legal Entities
 The state
 Family household, Co-operative group and
others organisations without legal entity
status in civil
 Individuals

* Civil Capacity
- Civil Legal Capacity (Article 16,17, 18 of the
Civil Code 2015)
- Capacity for Civil Acts of Individuals (Article
19 to 24 of the Civil Code 2015)
 Individuals

 Capacity for Civil Acts of Individuals

“The capacity for civil acts of an individual shall be
the capability of the individual to establish and
exercise civil rights and perform civil obligations
through his or her acts” Article 19 of The Civil Code
2015
 Individuals
 Capacity for Civil Acts of Individuals: 6 Levels

Full capacity

Not enough capacity

Loss of capacity for civil acts

Person with difficulty in awareness or control of his or her own

acts
Restricted capacity for civil acts

Don’t have any capacity for all civil acts

 Main contents of the civil law

 General provisions such as scope,

principles of application, subjects,
time –limits, Limitation periods
 Property and Ownership rights
 Obligations and Contracts
 Inheritance
 Obligations and Contracts

 Article 274 Obligations

“Obligations means acts whereby one or more subjects (hereinafter referred to
as obligors) must transfer objects, transfer rights, pay money or provide valuable
papers, perform acts or refrain from performing certain acts in the nterests of
one or more other subjects (hereinafter referred to as obligees)”

Should to know the differences

between obligations and liabilities
 Contract

 Civil contract
“Article 385 Definition of contract
Contract means an agreement between parties in relation to the establishment,
modification or termination of civil rights and obligations.”
 Conditions (characteristics)
- Agreement
- Establish, modify, terminate civil rights and obligations of the civil subjects.
- A certain forms: written, oral, acts, evidences
 Classification: Nature of relationships
- Civil contract (narrow sense)
- Commercial contract (business contract)
 Liability for Compensation for Non-
Contractual Damage
 Chapter 20 of the CIVIL CODE 2015
 4.2 Contract Law

 A sector of the civil law

 Legal Sources
+ Civil code
+ Commercial law
+ others
 Contents of the law on contract:
1. Formation
- Principles; Offer and acceptance; Principles; Rights and obligations; Form of a
contract; Subjects; Validity
2. Implementation: Principles; amendment; termination; remedy for breach of a
contract
 4.3 Business Law

 General contents of the business law

 Business organization types
 Business transactions
General contents of the business law

 The business law is a set of legal norms that governs establishment,

management organization and operation of business organizations
The sources of Business Law
 Legal normative documents
+ Establishment
1. Law on enterprises 2014
2. Law on investment 2014
3. Law on Co-operatives 2012
4. others
+ Operation - Business Contract
1. Civil Code 2015
2. Law on commerce 2005
3. Others (Law on tourism 2017, Law on Lawyer 2006…)
+ Dispute settlement
1. Civil Procedure Code 2014 2. Law on Commercial Arbitration 2010
2. Other
 Business organization types

 Limited liability companies

 Shareholding companies (Join – stock
companies)
 Partnerships
 Private enterprises.
 Business transactions

 Business contracts
- Contracting parties are traders regulated
by the law on commerce (2005 in Vietnam)
- Aims: get benefits
- Forms: may be enforceable under the law
on commerce