CIVIL LAW IN VN

Definition
Separate law branch in the VN legal system, a set of rules regulating
property relations & personal identity relations on the basis of equality,
freedom of will, independence of property & self-responsibility
**Types of civil relations**
Property relations
Personal identity relations
**General Principles**
Equality principle
Principle of freedom & voluntariness
Principle of honesty & good faith
Principle of respecting national & ethnic interests, public interests &
legitimate rights & interests of others
**Sources of Civil Law**
Statutory Law
Legislations
Constitution year of 2013
Civil Code year of 2015
Other specialized laws
Delegated legislations
Case Law
Customary Law
**Civil legal relations**
Definition: Social relations arising from material & personal interests which
are governed by Civil Law
Characteristics
Parties are **equal**
Parties are **responsible for their own acts**
Parties **have free will**
Parties are **independent in terms of property**
Elements
Parties: Individual or organizations who have **capacity**
Individuals
Legal entities
Family households & Co-operative groups
State-special party (Immunities)
**Individual + Capacity = Parties of Civil legal relations**
**Civil legal Capacity + Civil Act capacity = Capacity pf parties**
Objects: Things, Conducts, Non-material benefits
Content: Rights & obligations of parties
Objects: Things, Conducts, Non-material benefits
Types of capacity for civil conducts
No capacity for civil conducts: **<6ys**
Limited capacity for civil conducts: **6 <= x <= 8**
Full capacity for civil conducts: **>= 18ys**
Capacity of individuals
Legal capacity: A person's capability to have civil rights & civil
obligations
All individuals shall have the same legal capacity
 Legal capacity of a person commences at birth & terminates at death
Capacity for civil conducts
A person's capability to establish & exercise civil rights & perform civil
obligation through his/her acts
Depends on **age/mantal health status**
**Civil obligation**
Definition: Obligations acts whereby one or more parties (**obligors**)
must transfer objects, rights, pay money or provide valuable papers,
perform acts or refrain from performing certain acts in the interests of one
or more other parties (**obligees**)
**Bases** for giving rise to civil obligations (372 - T92)
Contracts
Unilateral legal acts
Unauthorized performance of acts
Unlawful possession/use of/receipt of benefits from property
Bases for **termination** of civil obligation
Termination of the obligation will **release** the obligor from performing
the obligation
**Legal event**
An event that arises in form of a **conduct/natural incident** that leads to
the formation, change, or termination of legal relation
**Ownership relation**
A civil legal relation
Parties: Owners and other people
Object: Property/Benefits aimed at by the parties
Content: The owner has the **right to possess, use, dispose** of the
property. The other party has the obligation to respect the owner's rights
and have the right to possess and use **under the authorization** of the
owner and sometimes the right of dispose.
Private ownership: The ownership by a **natural/juridical person**
Multiple ownership: Ownership of property by **more than one owner**
Ownership rights (Act 158 CC 2020)
Right to possess: The right to **hold & control** a property
Owners
Non-owners under the authorization of the owner
Right to use: **Exploit the usage** and to **enjoy the yields and
income** derived from the property
Owners
Non-owners
Right to dispose: **Transfer** the ownership to other, **renounce the
ownership rights** or **destruct the property**
Owners
Non-owners
Possession with a legal basis
The owner possesses the property
A person is authorized by the owner to manage the property
A person to whom the right to possession has been transferred through
a civil transaction in accordance with the provisions of law
A person who discovers and keeps derelict property, property with
unidentified owners, property which has been let drop on the ground, left
 over out of inadvertence, buried or sunken in accordance with this Code
and/or relevant laws
A person who discovers and keeps stray domestic animals, poultry or
raised aquatic animals in accordance with this Code and/or relevant
laws
Non legal basis possession
Based on the **perception** of the possessor
Bona fide possession
Possession not in good faith
**Grounds for establishing, changing, terminating civil legal relations**
Regulated by law
Parties having civil legal capacity
Legal event
**Legal entities** (Act 74)
A legal entity must have its **name in VN language**
A legal entity must have **a charter of law**
A legal entity **established in accordance with VN law** is a VN legal
entity
A legal entity must have **a management body**
The representative of legal entity may be a **legal representative/an
authorized representative**
Civil legal capacity of legal entities
Civil legal capacity of a legal entity arises from **the time when it is
established**
Where **registration of operation** of the legal entity is required, the civil
legal capacity of legal entity arises from **the time of entry into the
registration**
The civil legal capacity of a legal entity terminates from **the time when
the entity is terminated**
The civil legal capacity of a legal entity terminates from **the time when
the entity is terminated**
Ex: Công ty tư nhân - tài sản gắn liền => Đòi nợ được chủ tịch =>
**NOT legal entity ** >< Công ty TNHH 1 thành viên - tài sản tách bạch
=> Chỉ đòi nợ được công ty => **Legal entity**