Legal capacity of foreigners in Vietnam

When arriving at Vietnam to invest or to do business or to reside, a foreigner – who may be an enterprise’s owner, an employee, or a spouse of a Vietnamese – may enter into civil relationships in Vietnam.

Dr. Do Thi Mai Hanh

- HCMC University of Law -

Signing a civil contract for, say, purchasing goods or services, entering a marriage relationship, or adopting a child are all activities which give rise to a civil relationship. When a foreigner takes part in a civil relationship, a number of legal issues arise.

Is the foreigner eligible to take part in the civil relationship?

Any civil relationship with the participation of a foreigner is called a civil relationship with foreign elements. In Vietnam, foreigners are generally eligible to take part in any type of civil relationships. Their actions in regard to civil relationships are regulated by the law of Vietnam. The 2005 Civil Code section 752, part II lays out the general rules for foreigners’ legal capacity-and by extension, their eligibility to enter into a civil relationship in Vietnam.
For instance, according to the laws of Vietnam, an individual between fifteen-years-old and eighteen-years-old can set up a civil transaction independently, without the consent of his parents, if he has his own property requirement, a foreigner with their own property can enter into a house-rent contract if he/she is between the ages of 15 and 18, regardless of the consent of his parents.

Read details: The 2005 Civil Code and The 2015 Civil Code

Source: Introduction to Vietnamese Law, Editor: Mai Hồng Quỳ, Hồng Đức Publishing house.