Codigo Civil D Vietnan

Unofficial Translation

CIVIL CODE
(No. 33/2005/QH11) 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 Xth 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.- Tasksand 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 ofprotecting 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 civilrelations 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 contractingparty. 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 undertakingand 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 oragreements 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.- Theprinciple 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.
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Unofficial Translation Article 7.- The principle of bearing civil liability The parties shall strictly perform their own civil obligations and shall themselves be liable for thenon-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...