CIVIL LAW – GENERAL PROVISION

The Vietnamese Civil code 2005 is comprised of seven parts for different issues.

Part 1 – GENERAL PROVISIONS provide general principles and provision, as well as legal status of individuals, legal persons, and other entities when entering into civil transactions.

Civil relations include many matters that arise from the daily activities of individuals, organizations, legal entities, and other subjects.

• Individuals:
  • The requirements of civil legal capacity are defined in order to ensure the validity of civil transactions. Persons who are eighteen or more years of age shall have fill capacity for civil actions, unless the following circumstances apply:
  • Minors who are under eighteen years of age have limited capacity to carry out civil acts.
  • Minors who are from six to fewer than eighteen years of age must have the permission of their legal representative to enter into civil transactions, except for transaction with a small value and to meet their daily life.
  • The persons who from fifteen years of age can enter into labor relations, and they have income from these labor relations.
  • Persons who fewer than six years of age lack capacity for any civil acts, and their civil transaction shall be established and carried out by their legal representative.
  • Persons who a court has declared to have lost their civil capacity due to mental or illness do not have the capacity for civil acts and their civil transaction shall be made and performed by their legal representative.
  • Person who are have restricted capacity for civil acts due to drug or other stimulants addicted, or who have ruined their own or their family property, may have their capacity for civil acts restricted by a court decision.

From article 14 to article 83 of Civil code.

• Legal entities:
  • The conditions that an organization must meet in order to be recognized as a legal entity include:
    • Being established lawfully;
    • Having a well-organized structure;
    • Possessing property independent from that of individuals and other organizations, and bearing its own liability with such property;
    • Independently entering into legal relations in its own name.

Article 84 of Civil code.

• Family household:
  • Family households are also the subject of civil relations law in certain situations, and  in which members have common property and jointly contribute their efforts and labor to their common economic activities in agricultural, forestry or fishery production or in a number of other production and/or business domains defined by law shall be subjects when participating in civil relations in such domains.

Article 106 of Civil code.

• Cooperative groups: 
  • Cooperative groups, which are formed on the basis of cooperation contracts certified by commune/ward/township People’s Committees and which are entered into by three or more individuals who jointly contribute property and labor in order to perform certain tasks and to jointly enjoy benefits and jointly bear liabilities, shall be subjects in civil relations.

Article 111 of Civil code.