Lesson 7

VIETNAMESE CIVIL CODE

• Part one: General provisions
• Part two: Ownership rights and other property-related rights
• Part three: Obligations and contracts
• Part four: Inheritance
• Part five: Civil relations involving foreign elements
• Part six: Implementation
CONCEPT OF 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
relation)

( Article 1. Civil Code 2015) 2

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2. OBJECTS

Social Relations which civil law

regulates, including:

- Personal Relations
- Property Relations

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 Property Relations
Characteristics
CONCEPT
- Regulated by civil
Relation between code which related to
a person with money and goods.
other person - Often shows the
related to a compensation in the
same value.
property
- Possesses the will of
subjects involved.

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 Personal Relations
Personal
- Civil Rights
Relations
attached to a
which are
certain
associated
subject.
with property
- Normally,
cannot be Personal
transferred to Relations which
others are not
- Composed of associated with
property
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Subject of Civil code 2015
1. Natural persons
2. Judicial persons
3. Non-Juridical person
-households
-Co-operative groups and
other non-juridical person
in civil relations

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 • Natural person

Legal personality Legal capacity

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Characteristic of the Civil legal
personality
1. The legal personality of a natural
person is his/her capability to have
civil rights and civil obligations.
2. All individuals shall have the same
Premier Murekezi launched Human
legal personality. Resources Development for Civil
Service Capacity Building Project /E-
3. The legal personality of a natural Learning Component

person commences at birth and

terminates at death. (Article 16. Code
civil 2015) 10
 The Civil legal capacity

The legal capacity of a natural

person is his/her capability to
establish and exercise civil rights
and perform civil obligations
through his/her acts. ( Article 19.
Civil Code 2015)

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Degree of Civil Act Capacity

1. Without civil act capacity ( < 6 years old)

2. Partial civil act capacity (< 18 years old)
3. Full civil act capacity (≥ 18 years old)
4. Loss of civil act capacity
5. Restrictive civil act capacity

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 JURIDICAL PERSONS

1. Concept
2. Characteristic
3. Classify
4. Subject capacity

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 Article 74. Juridical persons
1. An organization shall be
recognized as a juridical person if it
meets all of the following
conditions:
a) It is legally established as
prescribed in this Code and relevant
laws;
b) It has an organizational structure
prescribed in Article 83 of this Code;
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c) It has property independent
from other natural and juridical
persons and bears liability by
recourse to its property;
d) It participates independently in
legal relations in its own name.
2. Every natural or juridical person
has the right to establish a
juridical person, otherwise
provided for by law.
(Civil code 2015)
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Family household

Family house hold is established

from a combination of two persons
due to marriage relation or
bloodline relation, upbringing
relation, and common property is
always the most important
element, especially regime of
common property between wife
and husband.
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Conditions
Subject capacity
1. Members of family
households have Civil legal capacity and
common property civil act capacity of a
2. Members of family family household
households are family coincide with
members who have establishment of family
bloodline, upbringing households.
and marriage relations Subject status and
3. The numbers of a family representation
household’s members conducted by the head
are unlimited, but at of household.
least from 2 members
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SOME FUNDAMENTAL ISSUES

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 QUIZ
1. Personal Relations
a. Can be transferred to others
b. Cannot be transferred to others
c. Cannot be attached to a certain subject
2. Personal Relations composed of
a. Personal Relations which associated or no associated with property
b. Personal Relations which only associated with property
c. Personal Relations which only associated with affairs
3. Social relations which Civil Law regulates include
a. Personal relations
b. Property relations
c. Property and personal relations
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4. Property Relations mean
a. Relations between certain proprieties
b. Relations between a person with other person related to a property
c. Relations between two owners
5. Property Relations include
a. Property Ownership, Civil marriage, Insurance, Inheritance
b. Property Ownership, Conflict, Compensation for damage, Inheritance
c. Property Ownership, Civil marriage, Compensation for damage,
Inheritance
6. According to Article 16. Code civil 2015, the legal personality of a
natural person is
a. his/her capability to have civil rights and civil obligations
b. his/her possible civil rights and civil obligations
c. his/her willingness to have civil rights and civil obligations
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7. According to Article 19. Code civil 2015, the legal capacity of a natural
person is his/her capability to
a. exercise civil rights and perform civil obligations through his/her acts
b. establish and exercise civil rights and perform civil obligations through
his/her acts
c. establish civil rights and perform civil obligations through his/her acts
8. A juridical person (legal person) is
a. a person who meets specific conditions defined by the law
b. an organization created by the courts
c. an organization which meets specific conditions defined by the law

9. Family households and cooperative Groups don’t have capacity of juridical

person
a. True
b. False
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10. The legal personality of a natural person
a. commences at the age of 18 and terminates at death
b. commences at birth and terminates at death
c. commences at the age of 16 and terminates at death
11. Civil transaction is
a. a document which gives rise to, changes or terminates civil rights
and/or obligations.
b. a contract or a unilateral legal act which gives rise to, changes or
terminates civil rights and/or obligations.
c. a conversation or a unilateral legal act which gives rise to, changes or
terminates civil rights and/or obligations
12. A civil transaction shall be expressed
a. verbally, in writing, or through specific acts
b. only in writing
c. verbally or in writing
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13. Civil transactions shall be invalid if
a. The persons participating in the transaction have sufficient conditions of the civil act
capacity
b. The persons participating in the transaction is aware of and controlling their act
c. The form of civil transaction satisfy certain conditions
d. The persons participating in the transaction do not have sufficient conditions of the
civil act capacity
14. Civil transactions shall be valid if
a. It violate prohibitory provisions of law and are contrary to social ethic
b. It contain some mistakes
c. It exist deception or intimidation
d. The persons participating in the transaction have the civil act capacity and act
completely voluntarily
15. Property comprises
a. Intangible things, money, all type of papers and property rights
b. Tangible things, money, valuable papers and property rights
c. Intangible things, money, valuable papers and property rights
d. Tangible things, money, all type of papers and property rights 55
16. A property right is a right which
a. Can be valuable in money and may be transferred in civil transactions
b. Cannot be valuable in money and may be transferred in civil transactions
c. Can be valuable in money and may not be transferred in civil transactions
17. Ownership rights comprise (2015)
a. the rights of an owner to possess, use and dispose of the property of the owner
b. the rights of an owner to possess, use and dispose of the property of the owner in
accordance with law.
c. the rights of an owner to use and dispose of the property of the owner in accordance
with law.
18. Right to use means (art.1 89; 2015)
a. the right to exploit the usage of, and to enjoy the yield and income derived from,
property.
b. the right to exploit the yield and income derived from, property.
c. the right to exploit the usage of, and to enjoy the yield and income derived from, all
properties.

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19. The right to use
a. may be transferred to another person upon an agreement or as prescribed by
law.
b. should not be transferred to another person upon an agreement or as
prescribed by law
c. is forbidden to be transferred to another person upon an agreement or as
prescribed by law
20. Representation is
a. The act of a person to establish and perform a civil transaction in the name
and interests of herself/himself within the scope of representation.
b. The act of a person to establish and perform a civil transaction in the name of
another person within the scope of representation
c. The act of a person to establish and perform a civil transaction in the name
and interests of another person within the scope of representation.

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 Mid-term 2019

1. How was the Legal system of Vietnam formed?

2. How did socio-economic conditions affect legal system?
3. How did International cooperation influence the legal reform?

4. Present the various theories of the origin of state.

5. What are the sources of law?

6. Definitions of State.
7. What are the types of government?
8. What are the functions of law?
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