CIVIL CODE - Extwprlegs1.fao

CIVIL CODEDated 24 November 2015CONTENTSPART ONE . 1GENERAL PROVISIONS . 1CHAPTER I . 1General Provisions . 1Article 1Article 2Article 3Article 4Article 5Article 6Article 7Applicability .1Recognition, respect, protection and ensuring of civil rights .1Basic principles of civil law .1Application of the Civil Code .2Application of customary practice .2Application of analogous law .2State policies in respect of civil relations .2CHAPTER II . 3Establishment, Implementation And Protection Of Civil Rights . 3Article 8Article 9Article 10Article 11Article 12Article 13Article 14Article 15Bases for establishing civil rights .3Performance of civil rights .3Limit to performance of civil rights .3Methods to protect civil rights .4Self-defence of civil rights .4Compensation for loss or damage .4Protection of civil rights via competent agencies .4Revocation of a particular illegal decision of a competent person, agency or organization .5CHAPTER III . 5Individuals . 5Section 1. 5Civil Legal Capacity and Capacity for Civil Acts of Individuals . 5Article 16Civil legal capacity of individuals.5Article 17Content of civil legal capacity of individuals .5Article 18No restriction on civil legal capacity of individuals .5Article 19Capacity for civil acts of individuals .5Article 20Adults .5Article 21Minors .6Article 22Loss of capacity for civil acts .6Article 23Person with difficulty in awareness or control of his or her own acts .6Article 24Restricted capacity for civil acts .7Section 2. 7Personal Rights . 7Article 25Personal rights .7Article 26Rights to having surnames and given names .7Article 27Right to change surnames .8Article 28Right to change names .9www.economica.vnUnofficial translation. For reference only1

iArticle 29Article 30Article 31Article 32Article 33Article 34Article 35Article 36Article 37Article 38Article 39Right to identification and re-identification of ethnicity . 9Right to declaration of birth and death. 10Right to nationality . 10Rights of individual with respect to his or her image . 11Right to live, and right to safety of life, health and physical body . 11Right to protection of honour, dignity and reputation . 12Right to donate and receive tissues and body organs and to donate and take bodies [corpses]12Right to re-establish gender . 13Gender transformation . 13Right to private life, personal privacy and family privacy . 13Personal rights in marriage and family . 13Section 3. 14Place Of Residence . 14Article 40Place of residence of individual . 14Article 41Place of residence of minors . 14Article 42Place of residence of wards . 14Article 43Place of residence of husbands and wives . 14Article 44Place of residence of military personnel . 14Article 45Place of residence of individuals performing itinerant occupations . 14Section 4. 15Guardianship. 15Article 46Guardianship . 15Article 47Ward 15Article 48Guardian . 15Article 49Conditions for individuals to act as guardians . 16Article 50Conditions for legal entities to act as guardians . 16Article 51Supervision of guardianship. 16Article 52Natural guardian of minor . 17Article 53Natural guardian of person having lost his or her capacity for civil acts . 17Article 54Nomination and appointment of guardians . 17Article 55Obligations of guardians with respect to minors under fifteen years of age . 18Article 56Obligations of guardians with respect to minors from fifteen years to eighteen years of age . 18Article 57Obligations of guardians with respect to wards having lost capacity for civil acts or havingdifficulty in awareness or control of their own acts. 18Article 58Rights of guardians . 19Article 59Management of property of wards . 19Article 60Replacement of guardians . 19Article 61Transfer of guardianship. 20Article 62Termination of guardianship . 20Article 63Consequences of termination of guardianship . 20Section 5. 21Search Notice for Persons Absent from Place of Residence, Declaration of Missing Persons, Declarationof Death . 21Article 64Request for search notice for person absent from his or her place of residence andmanagement of property of such person . 21Article 65Management of property of person absent from his or her place of residence . 21Article 66Obligation of person managing property of person absent from his or her place of residence . 22Article 67Rights of person managing property of person absent from his or her place of residence . 22Article 68Declaration of missing persons . 22Article 69Management of property of persons declared missing . 22Article 70Revocation of decision declaring person missing . 23Article 71Declaration of death . 23www.economica.vnUnofficial translation. For reference only2

Article 72Article 73Personal and property relations relating to person declared dead by court . 24Revocation of decision declaring death. 24CHAPTER IV .24Legal Entities.24Article 74Article 75Article 76Article 77Article 78Article 79Article 80Article 81Article 82Article 83Article 84Article 85Article 86Article 87Article 88Article 89Article 90Article 91Article 92Article 93Article 94Article 95Article 96Legal entities . 24Commercial legal entities . 25Non-commercial legal entities. 25Charters of legal entities . 25Names of legal entities . 26Head offices of legal entities . 26Nationality of legal entities. 26Assets of legal entities . 26Establishment and registration of legal entities . 26Organizational structure of legal entities . 27Branches and representative offices of legal entities . 27Representatives of legal entities. 27Civil legal capacity of legal entities . 27Civil liability of legal entities . 27Consolidation of legal entities . 28Merger of legal entities . 28Division of legal entities . 28Demerger of legal entities. 28Conversion of form of legal entities. 28Dissolution of legal entities. 28Settlement of assets of dissolved legal entities . 29Bankruptcy of legal entities . 29Termination of existence of legal entities . 29CHAPTER V .30The State Of The Socialist Republic Of Vietnam, And Central And Local State Agencies In CivilRelations .30Article 97The State of the Socialist Republic of Vietnam and central and local State agencies in civilrelations . 30Article 98Representatives participating in civil relations . 30Article 100 Responsibilities for civil obligations of the State of the Socialist Republic of Vietnam andcentral and local State agencies in civil relations where a party is a foreign State, legal entity orindividual . 30CHAPTER VI .31Family Households, Co-Operative Groups And Other Organizations Without Legal Entity Status InCivil Relations .31Article 101 Subjects in civil relations involving family households, co-operative groups and otherorganizations without legal entity status . 31Article 102 Common property of members of family households, co-operative groups and otherorganizations without legal entity status . 31Article 103 Civil liability of members of family households, co-operative groups and other organizationswithout legal entity status . 31Article 104 Legal consequences in respect of civil transactions established or performed by unauthorizedmember or beyond scope of representation . 32CHAPTER VII .32Property .32www.economica.vnUnofficial translation. For reference only3

Article 105Article 106Article 107Article 108Article 109Article 110Article 111Article 112Article 113Article 114Article 115Property. 32Property registration . 32Immoveable property and moveable property . 32Existing property and property to be formed in the future . 33Benefits and income . 33Primary objects and auxiliary objects. 33Divisible objects and indivisible objects . 33Consumable objects and non-consumable objects . 34Generic objects and distinctive objects . 34Integrated objects . 34Property rights . 34CHAPTER VIII .34Civil Transactions.34Article 116Article 117Article 118Article 119Article 120Article 121Article 122Article 123Article 124Article 125Article 126Article 127Article 128Article 129Article 130Article 131Article 132Article 133Civil transactions . 34Conditions for effective civil transactions. 34Objectives of civil transactions . 35Forms of civil transactions . 35Conditional civil transactions . 35Interpretation of civil transactions . 35Invalid civil transactions . 36Invalidity of civil transactions due to breach of legal prohibitions or contravention of socialmorals . 36Invalidity of civil transactions due to falsification . 36Invalidity of civil transactions established and performed by minors, persons having lost theircapacity for civil acts or having had their capacity for civil acts restricted, or persons havingdifficulty in awareness and control of their own acts. 36Invalidity of civil transactions due to misunderstandings . 37Invalidity of civil transactions due to deception, threat or coercion . 37Invalidity of civil transactions entered into by persons incapable of being aware of or controllingtheir acts . 37Invalidity of civil transactions due to non-compliance with form. 37Partially invalid civil transactions . 38Legal consequences of invalidity of civil transactions . 38Time-limit for requesting court to declare civil transaction invalid . 38Protection of interests of bona fide third parties with respect to invalid civil transactions . 39CHAPTER IX .39Representation.39Article 134Article 135Article 136Article 137Article 138Article 139Article 140Article 141Article 142Article 143Representation . 39Basis for establishment of representation right . 39Legal representative of individual . 40Legal representative of a legal entity . 40Authorized representatives . 40Legal consequences of act of representation . 40Term of representation . 41Scope of representation . 41Consequences of civil transactions entered into and performed by unauthorized persons . 42Consequences of civil transactions entered into and performed by representatives beyondscope of representation . 43CHAPTER X .43Time-limits and Limitation Periods.43Section 1. 43www.economica.vnUnofficial translation. For reference only4

Time-limits . 43Article 144 Time-limits . 43Article 145 Application of methods for calculating time-limits . 44Article 146 Provisions on time-limits and point of time for calculating time-limits . 44Article 147 Commencement of time-limits . 45Article 148 End of time-limits . 45Section 2. 45Limitation Periods . 45Article 149 Limitation periods . 45Article 150 Types of limitation periods . 46Article 151 Method for calculating limitation periods .

Article 152 Effectiveness of limitation periods for enjoyment of civil rights and release from civil obligations 46 Article 153 Continuity of limitation periods for enjoyment of civil rights and release from civil obligations. 46 Article 154 Commencement of limitation periods for initiating legal action for civil cases and limitation