Civil Code 33/2005/Qh11 14/06/2005

No: 33/2005/QH11

Ha Noi, day 14 month 06 year 2005                          

CIVIL CODE

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the 10th National Assembly, the 10th session;

This Code provides for civil affairs.

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 disabilities 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 civil obligations.

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.

Section 2. PERSONAL RIGHTS

Article 24.- Personal rights

Personal rights specified in this Code are civil rights inherent to each individual, which cannot be transferred to other persons, unless otherwise provided for by law.

Article 25.- Protection of personal rights

When a personal right of an individual is infringed upon, such person shall have the right to:

1. Make rectification him/herself;

2. Request the infringer or request competent agencies, organizations to order the infringer to terminate the infringement and make a public apology and/or rectification;

3. Request the infringer or request competent agencies or organizations to order the infringer to pay compensation for damage.

Article 26.- The right with respect to family and given names

1. Each individual has the right to have a family name and a given name. The family and given names of a person shall be the family and given names in the birth certificate of such person.

2. An individual shall establish and exercise civil rights and perform civil obligations in his/her family and given names which have been recognized by a competent state agency.

3. The use of pseudonyms and pen names must not cause damage to the rights and interests of other persons.

Article 27.- The right to change family and given names

1. Individuals shall have the right to request competent state agencies to recognize the change of their family and/or given names in the following cases:

a/ Where it is so requested by the person who has a family or given name the use of which causes confusion or affects the feelings of his/her family, the honor, legitimate rights and interests of such person;

b/ Where an adoptive father or mother requests to change the family and/or given name of an adopted child or when an adopted child ceases to be an adopted child and he/she or his/her biological father or mother requests to reclaim the family and/or given name which was given to him/her by the biological father or mother;

c/ Where it is so requested by the biological father or mother or the child when identifying the father and/or mother of the child;

d/ Where there is a change of the family name of a child from that of the father to that of the mother or vice versa;

e/ Where there is a change of the family name and/or given name of a person who was lost from his/her childhood and has discovered the origin of his/her bloodline;

f/ Where there is a change of the family name and/or given name of a person whose gender has been re-determined;

g/ Other cases specified by law on civil status.

2. The change of the family name and/or given name of a person who is full nine years or older must be consented by that person.

3. The change of the family name and/or given name of an individual shall neither change nor terminate the civil rights and obligations which have been established under the former family name and/or given name.

Article 28.- The right to determine ethnicity

1. An individual upon his/her birth may have his/her ethnicity determined in accordance with the ethnicity of his/her biological mother and father. In cases where the biological father and mother belong to two different ethnicities, the ethnicity of the child shall be determined as the ethnicity of the father or the ethnicity of the mother in accordance with practices or in accordance with the agreement of the biological father and mother.

2. A person who has attained adulthood, the biological father and mother or guardian of a minor may request competent state agencies to re-determine his/her ethnicity in the following cases:

a/ To re-determine his/her ethnicity in accordance with the ethnicity of the biological father or mother, if the father and mother belong to two different ethnicities;

b/ To re-determine his/her ethnicity in accordance with the ethnicity of his/her biological father and/or mother in circumstances where he/she is the adopted child of a person belonging to a different ethnicity and has had his/her ethnicity determined in accordance with the ethnicity of his/her adoptive father and/or mother due to the unidentification of his/her biological father and/or mother.

3. Where the biological father or mother or the guardian of a minor requests the re-determination of the ethnicity of a minor who is full fifteen years or older under the provisions of Clause 2 of this Article, the consent of such minor is required.

Article 29.- The right to registration of birth

Individuals, when born, shall have the right to have their births registered.

Article 30.- The right to registration of death

1. When a person dies, his/her next of kin, the house owner or the agency or organization to which the dead person belonged must register the death of such person.

2. If a newborn infant dies after birth, the infant's birth and death must be registered; if the infant dies before or immediately upon birth, the infant's birth and death must not be registered.

Article 31.- The right of an individual with respect to his/her picture

1. An individual shall have the right with respect to his/her picture.

2. The use of a picture of an individual must have his/her consent; where such person has died, lost his/her civil act capacity or is under full fifteen years old, the consent of his/her father, mother, husband, wife, adult children or representative is required, unless it is for State interests, public interests or otherwise provided for by law.

3. It is strictly forbidden to use pictures of other persons to infringe upon their honor, dignity and/or prestige.

Article 32.- The right to safety of life, health and body

1. Individuals shall shave have the right to safety of life, health and body.

2. When a person discovers another person who has got an accident or is sick whereby his/her life is threatened, the person who discovers him/her shall have the responsibility to deliver such person to a medical establishment; the medical establishment must not refuse to provide treatment to the person and shall have to utilize all available means and capabilities to cure him/her.

3. The application of new curative methods on the body of a person and the anesthetization, surgery, amputation, implantation and grafting of body organs must have his/her consent; if the person is a minor, has lost the civil act capacity or is an unconscious patient, the consent of his/her father, mother, guardian or next of kin is required; in cases where there is a threat to the life of a patient which cannot wait for the opinions of the above-said persons, a decision of the head of the medical establishment is required.

4. A post-mortem operation shall be performed in the following cases:

a/ Where it is so consented by the decedent before his/her death;

b/ Where it is so consented by the decedent's father, mother, wife, husband, adult children or guardian when there is no opinion of the decedent before he/she dies;

c/ Where it is so decided by a competent medical organization or a competent state agency in case of necessity.

Article 33.- The right to donation of body organs

Individuals shall have the right to donate their body organs for the purpose of medical treatment of other persons or scientific research.

The donation and use of body organs shall comply with the provisions of law.

Article 34.- The right to donation of corpses, body organs after death

Individuals shall have the right to donate their corpses, body organs after they die for the purpose of medical treatment of other persons or scientific research.

The donation and use of corpses, body organs of dead persons shall comply with the provisions of law.

Article 35.- The right to receive body organs

Individuals shall have the right to receive body organs of other persons for their medical treatment.

It is strictly forbidden to receive and use body organs of other persons for commercial purposes.

Article 36.- The right to re-determination of gender

Individuals shall have the right to the re-determination of their gender.

The re-determination of gender of a person shall be performed in cases where his/her gender is affected with inborn defects or has not been properly shaped, which needs the medical intervention to clearly determine the gender.

The re-determination of gender shall comply with the provisions of law.

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