General Law

General Law
1. The basic of the state

1.1. State origin
a) THEORIES ON THE ORIGIN OF THE STATE:
- Non-Marxist theories
+ Divine Right Theory
- God ⇒ State (supernatural) ⇒ The power of the State is eternal &
immutable
+ Force Theory
- Wars between clans and tribes ⇒ Victory Clan, Tribal ⇒ State
+ Patriarchal and matriarchal theory
- Women/Men Rule ⇒ Individuals
+ Social Contract Theory
- Contract ⇒ State
- Marxist theories
a) Marxist’s definition:
+ The State is not a natural institution but rather man-made.
+ The State as a creature of the bourgeoisie economic interest
+ An instrument of the ruling class
+ Maintains law and order and keeps a check upon the ruled
➔ The executive of the modern state is but a committee for
managing the common affairs of the whole bourgeoisie
b) Condition:
(a) Economically:
+ Private ownership of the means of production
(b) Socially:
+ Class division and class struggle
b) EXISTENCE:
❖ Don’t exist in primitive tribal societies.
➢ Unknown to self-governing tribal societies; Had not yet witnessed the
emergence of the institution of private property
➢ Social equality
❖ When the mode of production changed, land emerged as a stable property
➢ Facilitated the emergence of class ⇒ Class struggle
➢ State came into existence
❖ Inception of private property led to the emergence of class
➢ Conflict between the haves and the have-nots class
❖ Enslavement and forced labor
➢ Conflict and violence
■ People who refuse to submit to the dictates of the private
property owners.
❖ Ensuing violence and the danger of destruction of the whole community
➢ 1 of the reason state came to existence
❖ The State came to existence and rise above the society
➢ ‘Class antagonism therefore is the root cause for the State’s origin’
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1.2. State concept
a) Special power apparatus
b) Set by the ruling class

⇒ serve the interests of the ruling class
c) Perform social management functions

1.3. The nature and characteristics of the state
a) Class nature
- Set by the ruling class
- Serve the interests of the ruling class
b) Social nature
- Perform social management functions
1.4. State features
1) State establishes a special public power – state power.
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2) State divides the population into territorial administrative units.
3) State has national sovereignty.
4) State promulgates the law
5) State collects taxes and issues money

- Income tax:
- Personal income tax
- Corporate income tax
- Consumption taxes
- Export tax, import tax
- Special consumption tax
- Value added tax
- Environmental protection tax
- Property taxes
- Resources tax
- Agricultural land use tax
- Non-agricultural land use tax
- Land use rights transfer tax
1.5. State functions
a) Functions:
● The main aspects of the state’s activities
● To carry out the tasks set forth by the State
● Demonstrate the role and nature of state
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● Performed by a state agencies
● Divided into internal functions and external functions
b) Internal function:
● Organization and management of the economy
● Organization and management of culture, education, science and technology
● Maintaining security and politics, suppressing the resistance of the opposing
class
● Protecting the legal order and the interests of the ruling class
c) External function
● Role of the state in relations with countries, peoples, international
organizations
● Defense of the country
● Resist invasion from outside
● Establish diplomatic relations with other countries, join international
organizations..
d) Form of performing state’s function
Forms State agency
Making law Legislature
Implementation of law Administrative agencies
Protection of law Judicial authorities
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e) Trias politica (Montesquieu)
f) Function implementation method

- Persuasion
- Coercive
1.6. State form
a) Form of state:
- the organization and method of exercising state power.
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- A general concept refers to three ways and organizations to exercise state
power: polity form, state structure form and political regime.
b) State form
- Way to organize state power + Methods of exercising state power
- Based on 3 factors:
1) Form of polity:
- The way and sequence (order) of establishing the highest organ of state power,
establishing all relationships between that agency and other high ranking agencies
and with the people.
- Monarchy - A polity in which the supreme power of the state is fully or
partially concentrated in the hands of an individual (king, monarch,
queen...) :
+ Limited monarch
+ Absolute monarch
- Republic - A polity in which the highest power of the state belongs to
the representative body (collective) of the people:
+ Democratic republic
+ Aristocratic republic
2) Form of state structure:
- The way in which state power is organized according to administrative-territorial units
and establishes the relationship between different levels of state government
- Federal state :
+ National sovereignty ⇒ the central government ;
+ Localities ⇒ Non-sovereign territorial administrative units;
⇒ The whole country has one system of government and one legal system;
+ The relationship between the central government and local
governments and local governments at all levels is the
relationship between superiors and subordinates...
- Unitary state:
+ National sovereignty ⇒both the federal government and the state
governments;
+ There is a separation of powers between the federal
government and the state governments, which may take place
in some or all three areas: legislative, executive, and
judicial;
+ The states organize their own government, make their own
laws;
+ There are many systems of government in the country, many
parallel legal systems, one of the federal, one of each state...
+ A confederacy is a temporary association of states to
accomplish certain goals (EU)
3) Political regime
- The totality of methods that the state uses to exercise state power
- Anti-democracy
+ A political regime in which the people do not have the right to
participate in the organization and operation of state agencies,
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and do not have the right to discuss, discuss and decide on
important issues of the country.
- Democracy
+ A political regime in which the people have the right to
participate in the organization and operation of state agencies,
discuss, discuss and decide on important issues of the country
2. BASIC ISSUES OF LAW
2.1. Legal concept:
a) Primordial Communism
- no state → no law
- Social order is maintained by: customs, practices, ethics, religious creeds.
b) When society forms classes:

- The class that owns the property → The ruling class
- The ruling class → State & Law
c) The cause of the birth of law

- On the objective side:
+ The causes for the emergence of the State are also the causes for the
emergence of the law.
- On the subjective side
+ The law can only be formed by the State way in two ways: promulgated by
the State or recognized by social norms.
d) Law
- It is a system of mandatory rules of conduct
+ Issued or recognized by the State
+ Guaranteed by the State
+ To regulate social relations
+ According to the will of the ruling class
2.2. The nature and characteristics of the law
a) Nature of law:
- Class nature:
+ Represents the will of the ruling class
+ The most effective tool in suppressing class struggle and protecting the
interests of the ruling class
- Social nature
+ As a tool, a means to organize social life
+ Express the will and interests of other classes in society at different levels
depending on the nature of the state.
b) Features of the law

- Normative and popular
- State coercion
- Formal rigor
+ Text: must be precise, specific, easy to understand, not multi meaning
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+ The authority, order and procedures for promulgating legal documents are
very strict
+ Strict in structure:
- Legal norms (elementary unit of the system);
- Legal classes (group of legal norms that have the same features
- and regulate a group of correlative social relations);
- Legal branches (system of legal norms that have the same specialties
to govern a sort of social relations in a certain field of society).
2.3. Legal form:

- The method that the ruling class uses them as a way to realize their wills to become
laws. There are three legal forms: customary laws, legal precedents and legal
documents.
a) Customary laws:
+ A system of rules of conduct based on customs recognized by the State to
regulate social relations.
+ The oldest form of law was born along with the disintegration of the primitive
communist regime.
+ In contrast, the traditions and customs being conflict with the wills of the State
shall be abolished by promulgating some legal provisions for this purpose.
+ The absence of regulations on the content of customs causes difficulties and
inconsistency for the Court in the application process. This requires states to
issue List of Customs
b) Legal precedent:
+ Precedent refers to a court decision that is considered as authority for
deciding subsequent cases involving identical or similar facts, or similar legal
issues.
+ Precedent requires courts to apply the law in the same manner to cases with
the same facts. If the facts or issues of a case differ from those in a previous
case, the previous case cannot be precedent.
+ Precedent ensures that individuals in similar situations are treated alike
instead of based on a particular judge’s personal views.
+ In Vietnam:
- Precedents are selected and published by the Judicial Council of the
Supreme People's Court.
- published 63 case precedents
- 56 case precedents in force
- 07 precedents will take effect on March 27, 2023
c) Legal normative documents:

+ Documents that contain legal regulations and the promulgation of which
complies with regulations of law on authority, manner, and procedures
provided for in the Law on Promulgation of Legal Documents.
+ Legal norms are general rules of conduct with commonly binding force, which
are repeatedly applied to agencies, organizations and individuals nationwide
or within a certain administrative unit, whose implementation is guaranteed by
the State.
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2.4. Legal relations
- Social relations governed by different legal norms, these social relations establish,
develop, exist or terminate based on the provisions of law, the parties involved in that
relationship are subjects with arising legal rights and obligations prescribed by law
and guaranteed by the State.
1) Legal relations
+ Subject
- Individuals or organizations have full legal personality and legal
capacity
+ Content
- Rights
- Obligations
+ Benefits
- Material or immaterial benefits that the parties aim to when entering
into a legal relationship
2) Legal personality of an individual:

+ The ability of an individual to have the legal rights and obligations prescribed
by the State when participating in a certain legal relationship.
3) Legal capacity:
+ The ability of an individual to establish and perform legal rights and
obligations by his/ her actions as prescribed by law.
4) Conditions:
+ Individuals must reach a certain age.
+ Individuals must be able to perceive and control their behavior when
participating in legal relations.
5) Civil transactions:
Quote article
Article 21. Minors
1. Minors are persons who are under eighteen years of age.
2. Civil transactions of each child under six years of age shall be established and
performed by his/her legal representative.
3. Each person who is from six to under eighteen years of age must have the consent
of his/her legal representative to enter in and perform civil transactions, except for
civil transactions which are performed for the purpose of meeting the needs of daily
life suitable for the age group.
4. Each person who is from fifteen to under eighteen years of age is entitled to enter in
and perform civil transactions by himself/herself, except for civil transactions related
to real estate, movables required registration and other civil transactions as
prescribed by law that are subject to the consent of his/her legal representative.
Article 22. Lack of legal capacity

1. 1. A court shall, based on the opinion of forensic-psychiatric examination by any
authorized organization and at the request of a person with related rights or interests
or a relevant agency or organization, issue a decision to declare a legally
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incapacitated person who as a result of his/her mental or other illnesses cannot
realize or conduct his/her actions.
Where the basis on which a person has been declared incapacitated no longer
exists, the court shall, at the request of such person or any person with related rights
or interests, issue a decision to revoke the decision declaring the incapacitated
person.
2. All civil transactions of a legally incapacitated person shall be established and
performed by his/her legal representative.
Article 23. Persons with limited cognition or behavior control

1. A court shall, based on the opinion of forensic-psychiatric examination by any
authorized organization and at the request of a person with related rights or interests
or a relevant agency or organization, issue a decision to declare an adult with limited
cognition or behavior control due to his/her physical or spiritual condition, and appoint
a legal guardian and define rights and obligations of such guardian.
2. Where the basis on which a person has been declared limited cognition or behavior
control no longer exists, the court shall, at the request of such person or any person
with related rights or interests, issue a decision to revoke the decision declaring the
person with limited cognition or behavior control.
Article 24. Persons with limited legal capacity
1. A court shall, at the request of a person with related rights or interests or a relevant
agency or organization, issue a decision to declare a person with limited legal
capacity after excessive drug consumption or other psychotropic substances,
worsening material situation of the family.
The court shall appoint a legal representative of the person with limited legal capacity
and the representation scope.
2. All civil transactions related to the property of a person with limited legal capacity
declared by a court must obtain the consent of his/her legal representative, except for
transactions to meet the needs of daily life.
3. Where the basis on which a person has been declared limited capacity of exercise
no longer exists, the court shall, at the request of such person or any person with
related rights or interests, issue a decision to revoke the decision declaring the
incapacitated person.
Điều 12. Tuổi chịu trách nhiệm hình sự
1. Người từ đủ 16 tuổi trở lên phải chịu trách nhiệm hình sự về mọi tội phạm, trừ
những tội phạm mà Bộ luật này có quy định khác.
2. Người từ đủ 14 tuổi đến dưới 16 tuổi phải chịu trách nhiệm hình sự về tội phạm rất
nghiêm trọng, tội phạm đặc biệt nghiêm trọng quy định tại một trong các điều 123,
134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251,
252, 265, 266, 286, 287, 289, 290, 299, 303 và 304 của Bộ luật này
Article 12. Age of criminal responsibility
1. Persons aged full 16 years or older must bear penal liability for all crimes, except
those crimes otherwise provided for by this Code.
2. Persons from full 14 years old to under 16 years old must bear penal liability for very
serious crimes, especially serious crimes specified in one of Articles 123 (Murder),
134 (Deliberate infliction of bodily harm upon another person), 141 (Rape), 142
(Rape of a person under 16), 143 (Sexual abuse), 144 (Sexual abuse of a person
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aged from 13 to under 16), 150 (Human trafficking), 151 (Trafficking of a person
under 16), 168 (Robbery), 169 (Kidnapping for ransom), 170 (Extortion), 171
(Snatching), 173 (Theft), 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290,
299, 303 and 304 of Criminal Code.
a) Juridical persons
An organization shall be recognized as a juridical person if it meets all of the
following conditions:
- It is legally established as prescribed in this Code and relevant laws;
- It has an organizational structure prescribed in Article 83 of this Code;
- It has property independent from other natural and juridical persons and
bears liability by recourse to its property;
- It participates independently in legal relations in its own name.
b) The Socialist Republic of Vietnam, central and local regulatory agencies in civil
relations
- When the Socialist Republic of Vietnam or a central or local regulatory
agency engages in a civil relation, it shall have the equality with other entities
and bear civil responsibility as prescribed in Article 99 and 100 of the Civil
Code.
2.5. Implementation of law

- A process of activities with the purpose of making legal regulations come into
practice and become actual and legal activities of legal entities.
- Forms:
- Obey the law: do not do what the law forbids
- Law execution: Do what the law requires
- Use the law
- Apply the law
2.6. Violation of the law and liability
1) Legal violation
+ behavior (action or inaction)
+ of a person or organization, who have legal capacity
+ Illegal/ unlawful
+ there is a mistake
+ causing damage or threatening to damage to
+ social relations protected by the State.
- Thought is not considered a violation of the law (even though it may be
judged in moral or religious side).
- Violation the law must be expressed in behavior.
- Is it legal or illegal if a single man cohabits with a single woman:
- “A married person getting married to or cohabitating as husband and
wife with another person, or an unmarried person getting married to or
cohabitating as husband and wife with a married person”
- Is it legal or illegal if a person, who is under 18, buys wine or beer to drink/ for
his dad:
- “ 3. Selling, supplying and offering discounts on alcoholic beverages to
minors.
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4. Employing minors to directly engage in production, purchase and
sale of alcoholic beverages”
2) Quote law
LAW ON ROAD TRAFFIC (c.2 A.30)

2. The operators and passengers of motorcycles, three-wheeled motor vehicles or
mopeds
shall wear safety helmets, properly fastening their chin straps.
2. Người điều khiển, người ngồi trên xe mô tô hai bánh, xe mô tô ba bánh, xe gắn
máy phải
đội mũ bảo hiểm có cài quai đúng quy cách.
Point n, clause 3, Article 6 Decree No.100/2019/ND-CP (amemded 2021)
3. Phạt tiền từ 400.000 đồng đến 600.000 đồng đối với người điều khiển xe thực
hiện một
trong các hành vi vi phạm sau đây:
…n)Không đội “mũ bảo hiểm cho người đi mô tô, xe máy” hoặc đội “mũ bảo hiểm
cho người đi mô tô, xe máy” không cài quai đúng quy cách khi điều khiển xe tham
gia giao thông trên
đường bộ;
Point b, clause 6, Article 11 Decree No.100/2019/ND-CP
6. Phạt tiền từ 400.000 đồng đến 600.000 đồng đối với người được chở trên xe mô
tô, xe gắn máy (kể cả xe máy điện), các loại xe tương tự xe mô tô, các loại xe tương
tự xe gắn máy, xe đạp máy (kể cả xe đạp điện) thực hiện một trong các hành vi vi
phạm sau đây:
…b) Không đội “mũ bảo hiểm cho người đi mô tô, xe máy” hoặc đội “mũ bảo hiểm
cho người
đi mô tô, xe máy” không cài quai đúng quy cách khi tham gia giao thông trên đường
bộ.
Point c, clause 3, Article 5 Decree No.100/2019/ND-CP
3. Phạt tiền từ 800.000 đồng đến 1.000.000 đồng đối với người điều khiển xe (ô tô)
thực
hiện một trong các hành vi vi phạm sau đây:
…. c) Chuyển hướng không giảm tốc độ hoặc không có tín hiệu báo hướng rẽ (trừ
trường
hợp điều khiển xe đi theo hướng cong của đoạn đường bộ ở nơi đường không giao
nhau
cùng mức);
Point a, clause 3, Article 6 Decree No.100/2019/ND-CP
3. Phạt tiền từ 400.000 đồng đến 600.000 đồng đối với người điều khiển xe (máy)
thực
hiện một trong các hành vi vi phạm sau đây:
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a) Chuyển hướng không giảm tốc độ hoặc không có tín hiệu báo hướng rẽ (trừ
trường hợp
điều khiển xe đi theo hướng cong của đoạn đường bộ ở nơi đường không giao nhau
cùng
mức);….
Đường giao nhau cùng mức: Law on road traffic (c.11 A.3)
11. Nơi đường giao nhau cùng mức (sau đây gọi là nơi đường giao nhau) là nơi hai
hay
nhiều đường bộ gặp nhau trên cùng một mặt phẳng, gồm cả mặt bằng hình thành vị
trí giao
nhau đó.
LAW ON ROAD TRAFFIC
COMPETITION LAW 2018 (c.6 A.3)
6. “Unfair competition practices” means competition acts performed by enterprises

against
the principles of good faith, honesty, business norms and standards, which cause or
may
cause damage to the legitimate rights and interests of other enterprises.
6. Hành vi cạnh tranh không lành mạnh là hành vi của doanh nghiệp trái với nguyên
tắc
thiện chí, trung thực, tập quán thương mại và các chuẩn mực khác trong kinh doanh,
gây
thiệt hại hoặc có thể gây thiệt hại đến quyền và lợi ích hợp pháp của doanh nghiệp
khác.
Clause 5 Article 4 Decree 75/2019/ND-CP
5. The maximum fine for violations of regulations on unfair competition is VND

2,000,000,000.
Civil code 2015 (A.574, A.603)
Article 584. Grounds giving rise to liability to compensate for damage
1. A person intentionally or unintentionally harming the life, health, honor, dignity,

reputation, property, or other legal rights or interests of a person, must compensate
for such
damage, unless otherwise prescribed in this Code or relevant laws.
2. The person who causes damage shall be discharged from liability for
compensation in case
where the damage incurs due to force majeure events or at entire fault of the
aggrieved
person, unless otherwise agreed or otherwise prescribed by law.
3. If a property causes damage, its owner or possessor must compensate for the
damage,
except for the damage prescribed in Clause 2 of this Article.
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Article 603. Compensation for damage caused by livestock
1. An owner of livestock must compensate for damage caused to another person by

such
livestock. The possessor or user of livestock must compensate during the period of
possession or using, unless otherwise agreed.
2. Where a third person is entirely at fault in causing livestock to cause damage to
another
person, the third person must compensate for the damage. If both the third person
and the
owner are at fault, both of them must compensate jointly for the damage.
3. Where livestock which is possessed or used unlawfully causes damage, the
unlawful
possessor or user must compensate for the damage. When the owner, possessor or
user of
livestock is at fault leading the livestock is possessed or used unlawfully thereby
causes
damage, they must jointly compensate for damage.
4. Where livestock which is allowed to roam according to customary practice causes
damage,
its owner must compensate according to customary practice provided that such
compensation
does not contravene the law or social morals.
- Types of legal violation

+ Crimes:
- An act that is dangerous for society and defined in Criminal Code
- Committed by a person who has criminal capacity of corporate legal
entity
- Whether deliberately or involuntarily,
- Infringes the sovereignty and territorial integrity of the nation, infringes
the political regime, economic regime, culture, national defense and
security, social order and safety, the lawful rights and interests of
organizations, human rights, the lawful rights and interests of citizens,
other aspects of socialist law,
- Leads to criminal prosecution as prescribed by this Code.
+ Administrative violations
- Acts at fault
- Committed by individuals, organizations
- Break the law provisions on State management,
- Do not constitute crimes, and as required by law, must be
administratively sanctioned.
(c1A2 Law on handing administrative violations
+ Civil disobedience/violation:
- a violation of the law
- committed by individuals or organizations
- infringing upon personal relations and property, protected by law
- with deterrent sanctions to protect just, justice, public interest, and
equality between people.
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+ Discipline violation / Disciplinary violations
- an individual's fault
- contrary to the rules and regulations established within an agency or
organization.
- Legal liability
- Definition:
+ The adverse legal consequences that the subject has to bear
+ Reflected in the fact that they have to bear the coercive measures of
the state, which are specified in the sanctions section of the legal
regulations
+ When they violate the law or when damage occurs due to other
causes prescribed by law.
- Type:
+ Criminal (sentences)/ A.30 Criminal Code 2015
- the most severe coercive measure of the State
- specified in this Criminal Code
- taken by the Court
- against a person or corporate legal entity that commits a crime
- in order to deprive of or limit their rights and/or interests.
+ Administrative
+ Civil
+ Disciplinary
CRIMINAL CODE
Article 32. Sentences against criminals

1. Primary sentences:
a) Warning;
b) Fine;
c) Community sentence;
d) Expulsion;
e) Determinate imprisonment;
f) Life imprisonment;
g) Death sentence.
2. Additional sentences:
a) Prohibition from holding certain positions or doing certain works;
b) Prohibition from residence;
c) Mandatory supervision;
d) Deprivation of certain citizenship rights;
e) Confiscation of property;
f) Fine if no administrative penalties are imposed;
g) Expulsion if no administrative penalties are imposed.
3. The offender shall incur only one primary sentence for a crime committed and
possibly one or more additional sentences
Article 33. Sentences against corporate legal entities committing crimes
1. Primary sentences:
a. Fine;
b. Suspension of operation;
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c. Permanent shutdown.
2. Additional sentences:
a) Prohibition from operating in certain fields;
b) Prohibition from raising capital;
c) Fine if no administrative penalties are imposed.
3. The corporate legal entity shall incur only one primary sentence for a criminal
offence committed and possibly one or more additional sentences
LAW ON HANDLING OF ADMINISTRATIVE VIOLATIONS (2012, amended 2014,
2017, 2020)
Article 21. Sanctions and principles of application

1. Sanctions against administrative violations include:
a) Caution;
b) Fine;
c) Deprivation of the right to use licenses or practice certificates for a definite
time or suspension of operation for a definite time;
d) Confiscation of material evidences of administrative violations or means used
for commission of administrative violations (below collectively referred to as
material evidences and means of administrative violations);
e) Expulsion.
2. The sanctions specified at Points a and b, Clause 1 of this Article must only be
determined and imposed as principal sanctions. The sanctions specified at Points c,
d and e, Clause 1 of this Article may be determined either as additional sanctions or
principal sanctions.
Article 21. Sanctions and principles of application
3. For each administrative violation, a violator shall be imposed with only one
principal sanction and may be imposed with one or several additional sanctions
specified in Clause 1 of this Article. An additional sanction may only be imposed
together with a principal sanction.
2.7. System of legal documents in Vietnam

3. Constitution law
3.1. Overview of constitution and the branch of constitutional law
a) Overview
- The Constitution is a system of legal norms with the highest legal effect that
stipulates the most basic issues of national sovereignty, political regimes,
economic, cultural and social policies, organization of rights and interests.
state power, legal status of people and citizens
- Characteristics:
+ The mother law:
- The constitution is the basic law, the "mother law", the original
law.
- The foundation, the basis for building and developing the entire
national
- legal system
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- All laws and other legal documents, whether directly or
indirectly, must be based on the constitution to promulgate.
+ The organic law:
- Constitution is the organizational law, is the law that prescribes
the principles of organizing the state apparatus, is the law that
determines how to organize and establish the relations
between the legislative, executive and Justice;
- Stipulates the structure of territorial administrative units and
the way in which local government is organized.
+ The protective law:
- Because the constitution is the basic law of the state, the
provisions on human and citizen rights in the constitution are
the main legal basis for the state and society to uphold and
ensure the implementation of human and public rights.
+ The highest law:
- All other legal documents must not be contrary to the
constitution.
- Any legal documents contrary to the constitution must be
annulled.
- The Constitutional Law is a branch of law that includes the totality of legal norms
governing the basic relations of the state power organization, political, economic,
cultural and social regimes, election regime, rights, interests and citizens' obligations,
about nationality....
- This is the main and most basic branch of law in a country's legal system, it regulates
the most important and basic social relations, and all other branches of law founded
on constitutional principles
b) Subjects of regulation of constitutional law branch

- Groups of social relations in the fields of economy, culture, education,
science, technology, security, defense and foreign policy…
- Group of social relations that determine the basic rights and
obligations of the people
- Group of the most fundamental, fundamental and important social
relations in the field of organization and operation of the state
apparatus.
c) Methods of regulation of constitutional law branch

- The method of empowerment is an adjustment method whereby the
law provides the subjects with a specific scope of authority or a right,
respectively, the obligation of other subjects to respect the exercise of
the rights of other subjects. authorized subject
- The prohibition method is an adjustment method whereby the law
imposes an obligation on the subject of a relationship not to perform a
particular act.
- Compulsory method is an adjustment method whereby the law
imposes an obligation to behave, or in other words, an obligation to
perform a certain act on the subjects participating in the relationship.
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3.2. The Constitution of the socialist republic of Vietnam
a) Potition:
- A special legal document in the legal system, profoundly affecting the
way state power is organized, and the socio-economic life of Vietnam.
- The Constitution is promulgated by the National Assembly– the
highest authority of Vietnam – according to a special procedure.
- The Constitution is the basic law of the Socialist Republic of Vietnam,
having the highest legal effect
- All other legal documents must be consistent with the Constitution
- Any violations of the Constitution will be handled
b) Basic law
- A document that regulates the organization of state management
- Adjusting the most important and most fundamental social relations
related to the fundamental interests of all classes and classes in
society such as:
+ Political regime
+ Human rights, fundamental rights and obligations of citizens
+ Economic, cultural, educational, scientific, technological and
environmental regimes
+ Protect the country
+ State apparatus organization
c) Highest law
- The source, the foundation for all other legal branches
- Other legal documents that may not conflict, as opposed to the
Constitution, and are issued on the basis to enforce the Constitution.
- All state agencies must perform their functions, make full use of their
powers, and fulfill the obligations prescribed by the Constitution.
- International treaties to which Vietnam is a signatory must not
contradict or contradict the Constitution's regulations.
- All Vietnamese citizens enjoy the human rights and citizenship
recognized by the Constitution and have the obligation to strictly
implement the Constitution.
- Competent state agencies must issue legal documents prescribed by
the Constitution in order to concretize the provisions of the
Constitution, to implement the Constitution.
- The formulation, adoption, promulgation, amendment and modification
of the Constitution must follow a special order
d) Roles of the Constitution

- The constitution legitimizes to the highest degree the existence of
political, socioeconomic and social order.
- The Constitution is the foundation and starting point for the
development and completion of the law, creating a common
framework for the entire legal system.
- The Constitution stabilizes social relations
- The Constitution is an important political-legal document that regulates
major, fundamental and long-term strategic issues of the country.
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e) Constitution of Vietnam through the periods
- The Constitution in 1946
- The Constitution in 1992 (Amended and supplemented in 2001)
f) Some main content of the Constitution of Vietnam

- Preamble
- Chapter I: Political Regime
- Chapter II: Human rights, fundamental rights and obligations of
citizens
- Chapter III: Economy, society, culture, education, science, technology
and environment
- Chapter IV: Defending the Fatherland
- Chapter V: The National Assembly
- Chapter VI: President
- Chapter VII: Government
- Chapter VIII: People's Court, People's Procuracy
- Chapter IX: Local Government
- Chapter X: National Election Commission, State Audit
- Chapter XI: Effect of the Constitution and Amendments to the
Constitution
3.3. Political system of the Socialist Republic of Vietnam
a) Definition
- Political system is a concept used to refer to a whole including
organizations such as political parties, the state, socio-political
organizations.
- With the interrelationships between these factors
- In participating in the processes of making and implementing political
decisions to ensure political power to meet the needs of social stability
and development.
b) Political system of the Socialist Republic of Vietnam

- Political system in Vietnam:
+ Communist Party of Vietnam
+ the State of the Socialist Republic of Vietnam
+ Vietnam Fatherland Front
+ The Ho Chi Minh Communist Youth Union
+ The Vietnam Women’s Union
+ The Trade Union of Vietnam
+ The Vietnam Peasants’ Association
+ The Vietnam War Veterans’ Association
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c) The State of the Socialist Republic of Vietnam
- The state apparatus of Vietnam is a system of many state agencies of many
branches and different levels, organized and operating on the same general
and unified principles from the central to the local level in order to form a
mechanism synchronized to perform the functions and tasks of the state.
- System:
+ The system of state power agencies
+ System of state administrative agencies
+ System of supervisory agencies
+ Judicial body system
+ Regulations of the President
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4. Civil law
a) Civil Code:
- Definition
- Civil law is a branch of law in the legal system, which is a collection of rules
governing property relations and some personal relationships in civil
exchanges on the basis of equality, self-determination and self-responsibility.
responsibilities of subjects participating in civil relations.
- Consists of basic principles and has different regulations such as: regulation
of property and ownership; regulations of civil obligations and civil contracts;
the regulation of the obligation to repay due to possession and use of
property, or to benefit from property without a legal basis; regulations on
performing work without authorization; regulations on compensation for
damage outside the contract; inheritance regulations;
b) Subjects of civil law relations

- Subjects:
+ Individuals
+ Legal entities
+ The State of the socialist republic of Vietnam, and central and local state
agencies
+ Family households, co-operative groups and other organizations without legal
entity status
- To participate in civil legal relations, individuals need to have: civil legal
capacity and capacity for civil acts
- Individuals:
+ Civil legal capacity
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+ Capacity for civil acts
- Civil legal capacity
+ The civil legal capacity of an individual means the capability of the
individual to have civil rights and civil obligations.
+ All individuals have equal civil legal capacity.
+ The civil legal capacity of an individual commences at birth and
terminates at death
- Capacity for civil acts
+ Age:
+ Adults (18 or more years of age):
- have full capacity for civil acts except in some
circumstances
+ Minors (under 18 years old)
- Under 6
+ Civil transactions established and performed by
his or her legal representative
- From full of 6 to under 15
+ Must have the consent of his or her legal
representative to establish and perform civil
transactions (for the purpose of meeting the
needs of daily life appropriate to the age group)
- From full of 15 to under 18
+ may himself or herself establish and perform
civil transactions (except for civil transactions
relating to real property or movable property
which require registration and other civil
transactions which require the consent of his or
her legal representative in accordance with law)
+ Capacity to aware or control acts (must have court decisions)
- Normal
- Loss of capacity for civil acts:
+ Due to any mental or other illness, incapable of being
aware of or controlling his or her own acts
- Civil transactions established and performed by
his or her legal representative
- Person with difficulty in awareness or control of his or her own
acts
+ Due to any mental or physical condition but not to the
extent of loss of capacity for civil acts
- Courts appoint a guardian, and determine the
rights and obligations of the guardian.
- Restricted capacity for civil acts
+ Whose addiction to drugs or other stimulants has
ruined the property
- Need to have the consent of legal
representative when establish and perform civil
transactions relating to the property, except for
transactions to meet the needs of daily life
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c) Legal entities:
- An organization shall be recognized as a legal entity if it satisfies all of the
following conditions:
+ was established in accordance with provisions of Civil Code or other
relevant laws
+ has an organizational structure pursuant to article 83 of Civil Code
+ has property independent from other individuals and organizations
and it is self responsible by recourse to its property.
+ participates independently in legal relations in its own name.
d) Property:
- Characteristics:
+ Objects
+ Money
+ Valuable papers
+ Property rights
- Types:
+ Immovable property:
- Land;
- Houses and structures attached to land;
- Other property attached to land, houses and structures;
- Other property as provided by law.
+ Movable property:
- The property which is not immoveable property.
e) Property rights:
+ Rights of an owner
- Land;
- Houses and structures attached to land;
- Other property attached to land, houses and structures;
- Other property as provided by law.
f) Ownership rights comprise the rights of an owner to possess, use and dispose
of the property of the owner
1) Ownership rights:
+ Right to Possess: rights to hold or control of property
+ Right to use means the right to exploit the using purpose, and to enjoy the
benefits and income derived from property.
+ Right of disposal means the right to transfer ownership rights with respect to
property, to renounce such ownership rights, to consume or to destroy the
property.
2) Forms of Ownership
+ By the entire people
- Land water resources, mineral resources, maritime and airspace
resources, other natural resources
- Property invested and managed by the Stateare public property under
ownership by the entire people with the State as the owner's
representative exercising uniform management
+ Private Ownership
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- Means the ownership by an individual or a legal entity.
- Lawful property under private ownership shall not be limited in terms
of quantity and value.
+ Multiple Ownership
- means ownership of property by more than one subject.
- comprises :
- Ownership in common:
+ is multiple ownership each owner's share of the ownership
rights with respect to the multiple ownership property is
specified.
+ Each of the owners in common has rights and obligations with
respect to the multiple ownership property corresponding to its
share of the ownership rights, unless otherwise agreed.
- Joint ownership:
+ Joint ownership means multiple ownership whereby each
owner's share of the ownership rights with respect to the
multiple ownership property is not specified.
+ Joint owners have equal rights and obligations with respect to
the multiple ownership property.
g) Basis for establishing ownership rights:

- Through labor, lawful production and business activities, or creation of
subjects of intellectual property rights;
- Transfer of ownership rights as agreed or pursuant to a decision of a
competent authority
- Receipt of yield and/or income;
- Formation of new objects through merging, mixing or processing;
- Inheritance of property;
- Acquisition in accordance with law on objects of which owner is unidentified,
buried or sunken objects; lost or mislaid objects, stray poultry or livestock or
aquaculture stock.
- Possession and gain from property prescribed in A.236 of Civil Code
- Other cases as provided by law.
h) Civil transactions:
- A contract or a unilateral legal act
- Which gives rise to, changes or terminates civil rights and/or obligations
1) Conditions for effective civil transactions:

- Must satisfy all of the following conditions
+ Participants in the transaction have legal personality and/or legal
capacity in conformity with such transaction;
+ Participants in the transaction act entirely voluntarily;
+ The purpose and contents of the transaction are not contrary to the
law and/or social ethics.
- The forms of civil transactions shall be the conditions for its effectiveness in
cases where it is so provided for by law.
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2) Invalid civil transaction:
- Invalidity of civil transactions due to breach of legal prohibitions or
contravention of social ethics
- Invalidity of civil transactions due to falsification
- Invalidity of civil transactions established and performed by minors or
legally incapacitated persons or persons with limited cognition and
behavior control or persons with limited legal capacity
- Invalidity of civil transactions due to misunderstanding
- Invalidity of civil transactions due to deception, threat or compulsion
- Invalidity of civil transactions established by person lacking in
cognition and behavior control
- Invalidity of civil transactions due to non-compliance with form
3) Legal consequences of invalid transactions

- An invalid civil transaction shall not give rise to, change or terminate
any civil rights and obligations of the parties as from the time the
transaction is entered into.
- When a civil transaction is invalid, the parties shall restore everything
to its original state and shall return to each other what they have
received. If the restitution is not able to make in kind, it may paid in
money..
- A bona fide person in receiving yield and/or income is not required to
return such yield and/or income.
- The party at fault which caused damage must compensate therefore.
- The settlement of consequences of invalid civil transactions regarding
personal rights shall be prescribed in Civil Code and relevant laws.
i) Civil contracts
- An agreement between parties in relation
- To the establishment, modification or termination of civil rights and
obligations.
1) Effectiveness of contracts
- A contract legally entered into shall take effect from the time when it is
entered into, unless otherwise agreed or otherwise provided by law.
- From the effective date of the contract, contracting parties must
mutually exercise rights and perform obligations as agreed. A contract
may be amended or terminated as agreed by the parties or prescribed
by law.
2) Principal types of contracts
- bilateral contract: contract whereby each party has an obligation to
the other;
- unilateral contract: contract whereby only one party has an
obligation;
- principal contract: contract the effectiveness of which does not
depend on another contract;
- ancillary contract: contract the effectiveness of which depends on a
principal contract;
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- contract for the benefit of a third person: contract whereby contracting
parties must perform obligations for the benefit of a third person and
the third person enjoys benefits from such performance.
- conditional contract: contract the performance of which depends on
the occurrence, modification or termination of a specified event.
j) Agreements on penalties for breach

- Penalty for breach means an agreement between the parties in a contract,
whereby a party breaching an obligation must pay a sum of money to the
party whose rights are breached.
- The amount of a penalty for breach shall be as agreed by the parties, unless
otherwise provided by relevant law.
- The parties may agree that a party breaching an obligation must only be
subject to a penalty for breach without having to compensate for loss and
damage, or must be subject to a penalty for breach and also pay
compensation for loss and damage.
- Where the parties have agreed on penalties for breach but do not have an
agreement on both penalties for breach and compensation for loss and
damage, the party breaching an obligation shall be required to be subject to
the penalty for breach only
k) INHERITANCE
1) Rights of inheritance
- A natural person may make a will to dispose of his or her estate, may
leave his or her property to an heir in accordance with law, or may
inherit an estate left to him or her under a will or in accordance with
law.
- An heir not being natural person has the right to inherit estate under a
will.
2) Estates
- property which the deceased owned
- property which the deceased jointly owned with other persons.
3) Heirs:
- individual
+ Must be alive at the time of commencement of the inheritance
+ Is born and alive after the commencement of inheritance, must
have been conceived prior to the time when the deceased
dies.
- Where an heir under a will is a body or organization
+ Must be in existence at the time of commencement of the
inheritance
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4) Disclaimer of inheritance
- An heir may disclaim an inheritance, unless such disclaimer is for the
purpose of avoiding the performance of its property obligations to
other persons.
- A disclaimer of an inheritance must be made in writing. A person
disclaiming must notify the other heirs and the person authorized to
distribute the estate.
- The disclaimer of an estate must be expressed before the time of
inherit distribution.
5) Persons not entitled to inherit

- Persons convicted of having intentionally caused the death of or
harmed the health of the deceased, of having seriously mistreated or
tortured the deceased, or of having harmed the honor or dignity of the
deceased;
- Persons having seriously breached their duty to support the
deceased;
- Persons convicted of having intentionally caused the death of another
heir in order to obtain all or part of the entitlement of such other heir to
the estate;
- Persons deceiving, coercing or obstructing the deceased with respect
to the making of the will, or forging, altering or destroying the will in
order to obtain all or part of the estate contrary to the wishes of the
deceased.
- Above persons may, nevertheless, inherit the estate if the
deceased was aware of such acts but, nevertheless, allowed
them to inherit the estate under the will.
l) Limitation periods with respect to inheritance

1) Periods
- claim for distribution of an estate
+ immovable property ⇒ 30 years
+ movable property ⇒ 10 years
- claim for a declaration of right of inheritance/ disallow the claim to
inheritance of another
⇒ 10 years
- claim for an heir to fulfill property obligations of the deceased
⇒ 3 years
2) Inheritance
a) Inheritance under wills

I. Wills
➢ an expression of the wishes of a natural person
➢ made in order to bequeath his or her property to others after
his or her death.
II. Rights of testators
➢ Appoint heirs or to deprive an heir of the right to inherit the
estate;
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➢ Determine those parts of the estate which each heir is entitled
to;
➢ Reserve part of the estate as a gift or for worship purposes;
➢ Designate heirs to perform obligations;
➢ Appoint a custodian of the will, an administrator of the estate,
and a distributor of the estate.
III. Formalities for wills
➢ must be made in writing
○ Unwitnessed written wills;
○ Witnessed written wills;
○ Written wills which are notarized;
○ Written wills which are certified.
➢ may be made orally (Oral wills)
○ Where a person is likely to die due to illness or any
other reason and it is not possible for him or her to
make a written will, such person may make an oral will.
○ If the testator is alive and is of sound mind three
months after he or she has made an oral will, such will
shall automatically become invalid.
IV. Lawful wills
➢ A will must satisfy the following requirements in order to be
lawful:
○ The testator was of sound mind when he or she made
the will; and he or she was not deceived, threatened or
coerced into making the will;
○ The contents of the will are not contrary to law or social
morals and the will complies with legal formalities.
V. Heirs notwithstanding contents of wills
➢ Subjects
○ Children who are minors
○ Father, mother
○ Wife or husband
○ Children who are adults but who are incapable of
working
➢ Rate
○ 2/3 of a share if the estate had been distributed in
accordance with law
b) Inheritance at law
- Means inheritance in accordance with the order of priority of inheritance and
the conditions and procedures of inheritance provided by law.
I. Apply to all estates:
● There is no will;
● The will is unlawful;
● All heirs under the will died prior to or at the same time as the
testator dying, or the bodies or organizations which are entitled
to inherit under the will no longer exist at the time of
commencement of the inheritance;
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● The persons appointed as heirs under the will do not have the
right to inherit or disclaimed the right to inherit.
II. Apply to parts of an estate:
● Parts of an estate in respect of which no disposition has been
made in the will;
● Parts of an estate related to an ineffective part of the will;
● Parts of an estate related to heirs under the will not having the
right to inherit, having disclaimed the right to inherit, or having
died prior to or at the same time as the testator dying; and
parts of an estate related to bodies or organizations entitled to
inherit under the will but no longer existing at the time of
commencement of the inheritance.
III. Heirs at law are categorized in the following order of priority:
● The first level

● spouses, biological parents, adoptive parents, offspring and
adopted children of the deceased;
● The second level
● grandparents and siblings of the deceased; and biological
grandchildren of the deceased;
● The third level
● biological great-grandparents of the deceased, biological
uncles and aunts of the deceased and biological nephews and
nieces of the deceased.
⇒ Heirs at the same level shall be entitled to equal shares of the estate.
c) Succeeding heirs (Thừa kế thế vị)

+ Where a child of a testator died prior to or at the same time as the
testator, the grandchildren of the testator shall inherit that part of the
estate which their father or mother would have been entitled to inherit
had such father or mother still been alive.
+
+ If the grandchildren also died prior to or at the same time as the
testator, the great-grandchildren of the testator shall inherit that part of
the estate which their father or mother would have been entitled to
inherit had such father or mother still been alive.
5. Marriage and family law
a) Conditions for getting married

- A man and a woman wishing to marry each other must satisfy the following
conditions:
➢ The man is full 20 years or older, the woman is full 18 years or older;
➢ The marriage is voluntarily decided by the man and woman;
➢ The man and woman do not lose the civil act capacity;
➢ The marriage does not fall into one of the marriage ban cases prescribed at
Points a, b, c and d, Clause 2, Article 5 Law on marriage and family.
➢ The State shall not recognize marriage between persons of the same sex.
- The marriage ban cases
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➢ Sham marriage
➢ Underage marriage, forcing a person into marriage, deceiving a person into
marriage, obstructing marriage
➢ A married person getting married to another person, or an unmarried person
getting married to or cohabitating as husband and wife with a married person;
➢ Getting married between people of the same direct blood line; relatives within
three generations; adoptive parent and adopted child; or former adoptive
parent and adopted child, father-in-law and daughter-in-law, mother-in-law
and son-in-law, or stepparent and stepchild;
➢ Demanding property in marriage.
b) Marriage registration
- Before 03/01/1987: optional
- Since 03/01/1987 – now: compulsory.
- A marriage shall be registered with a competent state agency in accordance with
Law on marriage and family and the law on civil status.
- A marriage which is not registered under this Clause is legally invalid.
- A divorced couple who wish to re-establish their husband and wife relation shall
register their re-marriage.
c) Matrimonial property regime

- Statutory regime
➢ Common property
➢ Separate property
- Agreed property regime
➢ This agreement shall be made in writing before their marriage and be
notarized or certified.
➢ Shall be established on the date of marriage registration.
d) Common property of husband and wife

➢ Property created by a spouse, incomes generated from labor, production and
business activities, yields and profits arising from separate property and other
lawful incomes in the marriage period;
➢ Property jointly inherited by or given to both
➢ Other property agreed upon by husband and wife as common property
- Common property of husband and wife shall be under integrated common ownership
and used to meet family needs and perform common obligations of husband and
wife.
- When there exists no ground to prove that a property in dispute between husband
and wife is his/her separate property, such property shall be regarded as common
property.
e) Possession, use and disposition of common property

- The possession, use and disposition of common property shall be agreed by
husband and wife.
- The disposition of the following common property shall be agreed in writing by
husband and wife:
+ Real estate;
+ Movable assets which are required by law to be registered for ownership;
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+ Assets which are the major income generating source for the family.
f) Common property obligations of husband and wife; Husband and wife

have the following common property obligations:
- Obligations arising from transactions established under their agreement, obligations
to pay damages under their joint liability as prescribed by law;
- Obligations performed by a spouse in order to meet the family’s essential needs;
- Obligations arising from the possession, use & disposition of common property;
- Obligations arising from the use of separate property for maintaining and developing
common property or for generating major incomes for the family;
- Obligations to pay damages caused by their children as prescribed by the Civil Code;
- Other obligations as prescribed by relevant laws.
g) Separate property of husband and wife
- Property owned by this person before marriage;
- Property inherited by or given separately to him/her during the marriage period;
- Property divided to him/her during the marriage period
- Property to meet his/her essential needs
- Other property under his/her ownership as prescribed by law.
- Property created from separate property of a husband or wife is also property of
his/her own.
h) Possession,use and disposition of separate property

- A spouse has the right to possess, use and dispose of his/her separate property, and
to merge or refuse to merge separate property into common property.
- When a spouse cannot manage his/her separate property himself/herself and does
not authorize another person to manage it, the other spouse has the right to manage
such property. The property management must ensure benefits for the property
owner..
- Each spouse’s separate property obligations shall be performed with his/her separate
property.
- When yields or profits from separate property of a spouse constitute the family’s sole
livelihood, the disposition of such property is subject to the other spouse's consent.
i) Separate property obligations of husband and wife

⇒ A spouse has the following separate property obligations:
- The obligations he/she has before marriage;
- The obligations arising from the possession, use and disposition of his/her separate
property, other than the obligations arising from the preservation, maintenance and
repair of his/her separate property.
- The obligations arising from transactions established and made by himself/herself not
for meeting the family’s needs;
- The obligations arising from his/her illegal acts.
j) Merger of separate property into common property

- Separate property of a spouse shall be merged into common property according to
the agreement between the husband and wife.
- For property merged into common property whose transactions are required by law
to be under a certain form, the merger agreement must ensure that form.
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- Unless otherwise agreed by husband and wife or prescribed by law, obligations
related to separate property already merged into common property shall be
performed with common property.
k) Divorce
1) The right to request settlement of divorce

➢ Husband or wife or both has or have the right to request a court to settle their
divorce.
➢ A parent or another next of kin of a spouse has the right to request a court to
settle a divorce when the spouse is unable to perceive and control his/her
acts due to a mental disease or another disease and is concurrently a victim
of domestic violence caused by his/her spouse which seriously harms his/her
life, health or spirit.
➢ A husband has no right to request a divorce when his wife is pregnant, gives
birth or is nursing an under-12-month child.
⇒ A court shall recognize the divorce by mutual consent if:
2) Divorce by mutual consent

➢ both spouses request a divorce
➢ the two are really willing to divorce
➢ have agreed upon the property division, looking after, raising, care for and
education of their children on the basis of ensuring the legitimate interests of
the wife and children.
➢ If the spouses fail to reach agreement or have reached an agreement which
fails to ensure the legitimate interests of the wife and children, the court shall
settle the divorce.
3) Divorce at the request of one spouse

➢ The court shall permit the divorce if it has grounds to believe that
○ a spouse commits domestic violence or seriously infringed upon the
rights and obligations of the husband or wife,
○ which seriously deteriorates the marriage and makes their common
life no longer impossible and the marriage purposes unachievable.
○
➢ When the spouse of a person who is declared missing by a court requests a
divorce, the court shall permit the divorce.
➢ Has grounds to believe that the domestic violence committed by one spouse
seriously harms the life, health or spirit of the other.
4) Time of termination of marriage

➢ On the date a court’s divorce judgment or decision takes legally effective.
➢ From the time of death of a spouse.
➢ In case a court declares a spouse to be dead, the time of termination of the
marriage is the date of death stated in the court’s judgment or decision.
l) Principles of settlement of property of husband and wife upon divorce

- Upon agreement by the concerned parties
- Common property shall be divided into two,taking into account the following factors:
➢ Circumstances of the family, husband & wife;
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➢ Each spouse’s contributions to the creation, maintenance and development of
common property. The housework done in the family by a spouse shall be
regarded as income-generating labor;
➢ Protecting the legitimate interests of each spouse in their production,
business and career activities to create conditions for them to continue
working to generate incomes;
➢ Each spouse’s faults in the infringement of spousal rights and obligations.
- Common property of husband and wife shall be divided in kind, impossible to be

divided in kind, common property shall be divided based on its value. The partner
who receives the property in kind with a value bigger than the portion he/she is
entitled to receive shall pay the value difference to the other.
- Separate property of a spouse shall be under his/her ownership,except for separate

property already merged into common property
- The lawful rights and interests of the wife, minor children or adult children who have
lost their civil act capacity or have no working capacity and no property to support
themselves shall be protected.
m) Looking after, carefor, raising and education of children after divorce
- After a divorce, parents still have rights and obligations to look after, care for, raise
and educate minor children or adult children who have lost their civil act capacity or
have no working capacity and no property to support themselves
- Husband and wife shall reach agreement on the person who directly raises their
children and on his and her obligations and rights toward their children after divorce.
If they fail to reach agreement, the court shall appoint either of them to directly raise
the children, taking into account the children’s benefits in all aspects. If a child is full
7 years or older, his/ her desire shall be considered.
- A child under 36 months of age shall be directly raised by the mother, unless the
mother cannot afford to directly look after,care for, raise and educate the child or
otherwise agreed by the parents in the interests of the child.
n) Obligations and rights of the parent who does not directly raise children
after divorce
- The parent who does not directly raise a child shall respect the child’s right to live
with the person who directly raises him/her.
- The parent who does not directly raise a child shall support this child.
- After divorce, the person who does not directly raise a child has the right and
obligation to visit and care for this child without being obstructed by any person.
o) Identification of parents
- A child who is born or conceived by the wife during the marriage period is the
common child of the husband and wife.
- A child who is born within 300 days from the time of termination of a marriage shall
be regarded as a child conceived by the wife during the marriage period.
- A child who is born before the date of marriage registration and recognized by
his/her parents is the common child of the husband and wife.
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- When a parent does not recognize a child, he/she must have evidence and such
non- recognition shall be determined by a court.
6. Administrative & Criminal law

6.1. Administrative law
- The branch of law that regulates social relations arising in state administrative
activities
- The regulated objects of administrative law are social relations of executive and
executive nature arising between subjects participating in state activities.
a) Objects
- Social relations of executive and executive nature arise in the activities of
state management agencies.
- The social relations of executive and executive nature arise in the
construction activities and internal work organization of other state agencies
(such as the Government, Courts, the Procuracies).
- Social relations of executive and executive nature arise in the activities of
other state agencies or social organizations when empowered by the state to
perform the state management function
b) Adjustment method
- Submissive imperative method: when regulating social relations, is of an
executive and executive nature.
⇒ Because the state management activity itself is inherently authoritative because the
parties involved in the relationship have unequal positions in will one party
commands, the other has to obey.
- Agreement method: in special cases, such as issuing joint decisions, signing

and performing administrative contracts.
⇒ The relationship between the contracting parties is an equal relationship. In the
process of reaching a conclusion, no one has the right to order or force anyone.
c) Subjects of Administrative Law

- State agencies
- Cadres, civil servants and public employees:
● Cadres :
○ Vietnamese citizens
○ Are elected, approved and appointed to hold posts or titles for a given term of
office
○ In agencies of the Communist Party of Vietnam, the State, socio-political
organizations at the central level, in provinces and centrally run cities (below
collectively referred to as provincial level), in districts, towns and provincial
cities (below collectively referred to as district level), included in the payrolls
and salaried from the state budget.
● Civil servants
○ Are recruited and appointed to ranks, posts or titles
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○ In agencies of the Communist Party of Vietnam, the State, socio-political
organizations at the central, provincial and district levels; in People’s Army
agencies and units, other than officers, professional military personnel and
defense workers; in People’s Police offices and units other than officers and
professional non-commissioned officers, and in the leading and managerial
apparatuses of public non-business units of the Communist Party of Vietnam,
the State and socio-political organizations (below collectively referred to as
public non-business units), included in the payrolls and salaried from the state
budget;
○ For civil servants in the leading and managerial apparatuses of public non-
business units, they are salaried from the salary funds of these units
according to law.
● Public employees
○ Recruited according to working positions, working in public non-business
units under working contracts and salaried from salary funds of public
nonbusiness units in accordance with law.
- Individuals, agencies, organizations:
● Individuals
○ Foreigners:
■ People of foreign nationality
■ Stateless person
● Organization
○ Political organizations
■ Self-governing teams,…
■ Socio-political organizations
■ Public associations
■ Professional-social organizations
d) Administrative violation
- Definition:
- a faulty act
- committed by an individual or organization
- in violation of the state management law
- but does not constitute a crime
- therefore, must be administratively sanctioned in accordance with law
- Sanctions of administrative violations (Xử phạt vi phạm hành chính)
- means that a person with sanctioning competence impose a sanction(s) on
and applies a remedial measure(s)
- to an administrative violator
- in accordance with the law on sanctioning of administrative violations.
- Principles of handling of administrative violations
● All administrative violations must be detected, promptly stopped and strictly

handled. All consequences of administrative violations must be remedied in
strict accordance with law;
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● The sanctioning of administrative violations must be conducted
swiftly,publicly and objectively and in accordance with the sanctioning
competence, in order to assure fairness and strict accordance with law;
● The sanctioning of administrative violations must be based on the nature,

seriousness and consequences of these violations, violators and extenuating
as well as aggravating circumstances;
● Administrative sanctioning may be conducted only when a law prescribed

administrative violation is committed.Each administrative violation must be
sanctioned only once.If many persons jointly commit an administrative
violation, each of them shall be sanctioned for such administrative violation.If
a person commits many administrative violations or repeatedly commits
administrative violations, he/she shall be sanctioned for each violation;
● Persons with sanctioning competence shall bear the burden of providing

administrative violations. Sanctioned individuals and organizations have the
right to prove, on their own or through their lawful representatives, that they
have not yet committed any administrative violation;
● For the same administrative violation, the fine to be imposed on an

institutional violator is twice as heavy as that to be imposed on an individual
violator.
- Subjects that may be sanctioned for administrative violations (Đối tượng bị xử phạt vi
phạm hành chính)
● Persons
○ between full 14 and under 16 years old
■ may be administratively sanctioned for intentional
administrative violations
○ full 16 years or older
■ may be administratively sanctioned for any administrative
violations
● Organizations
○ may be administratively sanctioned for all administrative violations
they commit;
● Foreign individuals and organizations

○ commit administrative violations in the territory, contiguous zone,
exclusive economic zone or continental shelf of theSocialist Republic
of Vietnam; or on aircraft with Vietnamese nationality of seagoing
ships under the Vietnamese flag shall be administratively sanctioned
in accordance with Vietnamese law, unless otherwise provided by
treaties to which Vietnam is a contracting party
- Statute of limitations for handling administrative violations

● 2 years
○ In accounting
○ Tax, charge or fee procedures; insurance business
○ Price management
○ Construction;…
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● complies with the tax law
○ acts of tax evasion, tax fraud, tax payment delay and inadequate
declaration of tax obligation.
● 1 year
○ All other administrative violations
- Cases not subject to administrative sanctioning

● Emergency circumstance:
○ an individual or organization
○ Having purpose of warding off a practical threat to the interests of the
State or another organization
○ His/her/its own or another party’s legitimate interests, has no choice
but to cause a damage smaller than the damage to be prevented.
● Legitimate defense purpose

○ An act of an individual
○ Have purpose to protect the interests of the State or an organization,
his/her own or another person’s rights and legitimate interests, fights
in a necessary manner against someone committing an act of
infringing upon such rights and interests.
● Unexpected event
○ An event that an individual or organization
○ Cannot foresee or is not obliged to foresee consequences of
his/her/its act which is dangerous to the society.
● Force majeure event

○ An event
○ Occurs objectively and is unforeseeable and irresistible despite the
exercise of all necessary measures and capabilities.
● The administrative violator (person) has (having) no administrative liability

capacity or has not attained the age for being administrative sanctions
○ A person
○ Commits an administrative violation while suffering mental illness or
another disease
○ Deprives him/her of the ability to perceive or control his/her acts.
- Sanctions against administrative violations (Biện pháp xử phạt vi phạm hành chính)
- For each administrative violation, a violator shall be imposed with only one
principal sanction and may be imposed with one or several additional
sanctions. An additional sanction may only be imposed together with a
principal sanction.
● Principal sanctions
○ Caution
○ Fine
○ Deprivation of the right to use licenses or practice certificates for a
definite time or suspension of operations for a definite time
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○ Confiscation of material evidences of administrative violations or
means used for commission of administrative violations
○ Expulsion
● Additional sanctions
○ Deprivation of the right to use licenses or practice certificates for a
definite time or suspension of operations for a definite time
○ Confiscation of material evidences of administrative violations or
means used for commission of administrative violations
○ Expulsion
e) Remedial measures (Biện pháp khắc phục hậu quả)

- Forcible
- Restoration of the original state;
- Dismantlement of construction works or construction work parts built without
license or at variance with construction licenses;
- Application of measures to remedy environmental pollution or spreading of
epidemics or diseases;
- Bringing out of the territory of the Socialist Republic of Vietnam or forcible re-
export of goods, articles or means;
- Destruction of goods or articles harmful to human health, domestic animals,
plants and environment, or cultural products with harmful contents;….
6.2. Criminal law
6.2.1. Concept
- A branch of law in the legal system of the Socialist Republic of
Vietnam, including a system of legal norms that define acts that are
dangerous to society are considered crimes and determine the
possible punishment for the offense.
6.2.2. Adjustment objects and method
6.2.2.1. Adjustment object
● The social relationship arising between the State and the offender
when the crime occurs
6.2.2.2. Adjustment method
● Command-submission: is the adjustment method of the Criminal Law.

● Accordingly, the criminal legal regulations have a common way of
affecting the offender as well as the commercial legal entity in certain
cases to perform a legal obligation which is a criminal liability.
6.2.3. Objectives of the Criminal Code
● To protect Vietnam’s sovereignty and security
● Protect the socialism regime, human rights, citizenship rights;
● Protect the equality among ethnic groups;
● Protect interests of the State;
● Organize and protect the law;
● Punish crimes;
● Raise people’s awareness of compliance with the law;
● Prevent and fight crimes.
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● Provides for crimes and punishments.
6.2.4. Rules for punishing crimes
● Every crime committed by a person must be discovered promptly and

dealt with quickly and fairly in compliance with law;
● All criminals are equal before the law regardless of gender, ethnicity,
belief, religion, social class, or social status;Instigation of crimes,
masterminds, or obstinacy,gangster-like crimes, dangerous recidivism,
abuse of position or power to commit criminal offenses shall be strictly
punished;
● Criminal offenses committed by employment of deceitful methods; in

an organized manner, in a professional manner, or with intent to inflict
extremely serious consequences shall be strictly punished.
● Leniency shall be showed towards criminals who turn themselves

in;show cooperative attitudes; inform on accomplices; made
reparation in an effort to atone for their crimes; cooperate with
responsible for authorities in discovery of crimes or during the case;
express contrition; voluntarily compensate for damage they inflict;
● A person who commit a less serious crime for the first time may serve
a community sentence (mandatory supervision by family or an
organization);
● People sentenced to imprisonment shall serve their sentences at

prisons and must improve themselves to become effective and
productive citizens;commutation or conditional parole shall be granted
to people who satisfy conditions set out in this Code;
● People who have served their sentences are enabled to live and work
honesty and fit into society; criminal records shall be expunged when
all conditions are satisfied
6.2.5. Crime
6.2.5.1. Definition of crime
● An act that is dangerous for society & defined in Criminal Code

● Committed by a person who has criminal capacity of corporate
legal entity
● Whether deliberately or involuntarily,
● Infringes
○ Sovereignty and territorial integrity of the nation
○ Political regime, economic regime, culture, national
defense and security, social order and safety,
○ Lawful rights and interests of organizations, human
rights, the lawful rights and interests of citizens, other
aspects of socialist law
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○ Leads to criminal prosecution as prescribed by Criminal
Code.
● An act showing signs of a crime but not remarkably dangerous
for society is not a crime and shall be dealt with otherwise.
6.2.5.2. Classification of crimes
● Less serious crime

○ A crime whose danger to society is not significant
○ The maximum sentence defined by Criminal Code is a
fine, community sentence (non-custodial), or 3 years'
imprisonment;
● Serious crime
○ A crime whose danger to society is significant
○ The maximum sentence of the bracket defined by
Criminal Code is from over 3 years' to 7 years'
imprisonment;
● Very serious crime
○ A crime whose danger to society is great
imprisonment;
● Extremely serious crime
○ A crime whose danger to society is enormous
imprisonment, life imprisonment, or death.
6.2.5.3. Types of crimes
● Deliberate crimes
○ The offender is aware of the danger to society of
his/her act, foresees consequences of such act, and
wants such consequences to occur;
his/her act, foresees consequences of such act, and
does not want such consequences to occur but still
deliberately lets them occur.
● Involuntary crimes
his/her act but believes that consequences would not
occur or could be prevented;
○ The offender is not aware of the danger to society of
his/her act though the consequences have to be
foreseen and could be foreseen.
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6.2.5.4. Age of criminal responsibility
● From 16 years of age and above

○ Shall bear criminal responsibility for every crime,
except for those otherwise prescribed by Criminal
Code.
● From 14 years of age to be low 16 years of age
○ Shall bear criminal responsibility for very serious crimes
and extremely serious crimes specified in Articles 123,
134, 141, 142, 143,144, 150, 151, 168, 169, 170,171,
173, 178, 248, 249, 250,251, 252, 265, 266, 286,
287,289, 290, 299, 303, 304 Criminal Code.
Quote Law
1) Article 123. Murder 16) Article 251. Illegal deal in narcotic
substances
2) Article 134. Deliberate infliction of bodily
harm upon another person 17) Article 252. Appropriation of narcotic
substances
3) Article 141. Rape Article 142. Rape of a
person under 16 18) Article 265. Organizing illegal street
races
4) Article 143. Sexual abuse
19) Article 266. Illegal street racing
5) Article 144. Sexual abuse of a person
aged from 13 to under 16 20) Article 286. Spreading software programs
harmful for computer networks,
6) Article 150. Human trafficking telecommunications networks, or electronic
devices
7) Article 151. Trafficking of a person under
16 21) Article 287. Obstruction or disturbance of
computer networks, telecommunications
8) Article 168. Robbery networks, or electronic devices
9) Article 169. Kidnapping for ransom 22) Article 289. Illegal infiltration into the
computer network, telecommunications
10) Article 170. Extortion Article 171.
network, or electronic device of another
Snatching
person
11) Article 173. Theft
23) Article 290. Appropriation of property using a
12) Article 178. Deliberate destruction of computer network, telecommunications
property network, or electronic device;
13) Article 248. Illegal manufacturing of 24) Article 303. Destruction of work, facility,
narcotic substances equipment important for national security
14) Article 249. Illegal storage of narcotic 25) Article 304. Illegal manufacture, storage,
substances transport, use, or appropriation of military
weapons or device
15) Article 250. Illegal transport of narcotic
substances
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6.2.5.5. Complicity
● Complicity is a situation in which two or more people deliberately commit the same
crime.
● Organized crime is a form of complicity in which the accomplices cooperate closely in
committing the crime.
● An accomplice means an organizer, perpetrator, instigator, or abettor.
● Perpetrator means the person who directly commits the crime.
● Organizer means the mastermind behind the commission of the crime.
● Instigator means the person entices or encourages other people to commit the crime.
● Helper means the person who provides spiritual or material assistance in the
commission of the crime.
● The accomplice shall not take criminal responsibility for unjustified force used by the
perpetrator.
6.2.5.6. Cases of exemption from criminal responsibility
● Unexpected events
● Lack of criminal capacity
● Justifiable force
● Urgent circumstances
● Infliction of bodily harm while capturing criminals
● Risks from researches, experiments, application of technological advances
● Following orders of commanders or superiors
6.2.5.7. Time limit for criminal prosecution
● The time limit for criminal prosecution is a time limit set out by this Code and
upon the expiration of which the offender does not face any criminal
prosecution.
○ 05 years for less serious crimes;
○ 10 years for serious crimes;
○ 15 years for very serious crimes;
○ 20 years for extremely serious crimes.
● The time limit for criminal prosecution begins from the day on which the crime
is committed.
● If the offender deliberately evades capture and a wanted notice has been
issued, the time limit will begin when he/she turns himself/herself in or gets
arrested.
6.2.5.8. Time limit for criminal prosecution does not apply to the
following crimes:
● Infringement of national security;
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● Disturbing the peace, crimes against humanity, and war crimes
● Embezzlement, acceptance of bribes
6.2.6. Sentences
6.2.6.1. Definition of sentence
● The most severe coercive measure of the State

● Specified in Criminal Code
● Taken by the Court against a person or corporate legal entity that commits a
crime
● In order to deprive of or limit their rights and/or interests.
6.2.6.2. Purposes of sentences
● Punishing people and corporate legal entities that commit criminal offenses,
raising awareness of compliance with law, preventing them from committing
other crimes,
● Educating other people and corporate legal entities in compliance with the
law, prevention of and fight against crimes.
6.2.6.3. Sentences against criminals
a) Primary sentences
● Warning
● Fine
● Community sentence
● Expulsion;
● Determinate imprisonment
● Life imprisonment
● Death sentence.
b) Additional sentences
● Prohibition from holding certain positions or doing certain works
● Prohibition from residence
● Mandatory supervision
● Deprivation of certain citizenship rights
● Confiscation of property
● Fine if no administrative penalties are imposed
6.2.6.4. Sentences against corporate legal entities committing crimes
● Fine
● Suspension of operation
● Permanent shutdown.
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● Prohibition from operating in certain fields
● Prohibition from raising capital
● Fine if no administrative penalties are imposed.
c) WARNING
● Imposed upon people who commit less serious crimes
● Have multiple mitigating factors but are not eligible for exemption from
sentence.
d) Fine (min=1.000.000 VND)

● People who commit less serious crimes or serious crimes
● People who commit very serious crimes against the law on
economics, environment, public order, public safety, and other crimes
● People committing crimes related to corruption, drugs, or other crimes
6.2.6.5. Community sentence (from 06 months to 03 years)
● People who commit less serious crimes or serious crimes

● Have stable jobs or fixed residences and do not have to be isolated
from society.
● 01 day of temporary detention equals (=) 03 days of community
sentence.
● The person sentenced to community sentence shall be supervised
and educated by the organization or agency for which he/she works or
the People’s Committee of the commune where he/she resides.
● While serving the sentence, the convict must fulfill certain duties
according to regulations on community sentence and part of his
income (5% - 20%) shall be extracted to pay to state budget on a
monthly basis.
● Unemployed or loses his/her job while serving the sentence, he/she
must do works serving the community (not exceeds 04 hours per day
and 05 days per week), must not be applied to pregnant women,
women raising children under 06 months of age, old and weak people,
people having fatal diseases, people having severe disabilities or
extremely severe disabilities.
6.2.6.6. Expulsion
● The act of forcing sentenced foreigners to leave the territory of

Socialist Republic of Vietnam.
● Shall be imposed as a primary sentence or additional sentence on a
case-by-case basis.
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6.2.6.7. Determinate imprisonment
● Forcing the convict to serve his/her sentence in a detention

facility
● Over a certain period of time.
● The duration of determinate imprisonment imposed upon an
offender is from 03 months to 20 years.
● 01 day of temporary detention equals (=) 01 day in prison.
● In case of committing more than one crime/combining the
punishment of many sentences, the total term of imprisonment
shall not exceed 30 years.
● Determinate imprisonment shall not be imposed upon a person
who commits a less serious crime for the first time and has a
fixed residence.
6.2.6.8. Life imprisonment
● An indefinite imprisonment imposed upon people committing

extremely serious crimes but not punishable by death.
● Shall not be imposed upon offenders under 18 years of age
6.2.6.9. Death sentence
a) Criteria
● A special sentence imposed upon people committing
extremely serious crimes
● Infringe national security, human life, drug-related crimes,

corruption-related crimes, and some other extremely serious
crimes
● Shall not be imposed upon juvenile offenders, women who are

pregnant or raising children under 36 months of age, and
people from 75 years of age or older when they commit the
crime or during trial.
b) The death sentence shall not be executed in any of the

following cases:
● The convict is pregnant or a woman raising a child under 36
months of age;
● The sentenced person is 75 years of age or older;
● The person sentenced to death for embezzlement or taking

bribes, after being sentenced, has returned at least one third
of the property embezzled or bribes taken, closely cooperates
with the authorities in the process of investigation or trial, or
has made reparation in an effort to atone for the crime.
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● In these cases the death sentence shall be replaced with
life imprisonment.
6.2.6.10. Basis for decision on sentences
● Pursuant to Criminal Code
● In consideration of the nature and danger of the crime to

society,
● Record of the offender,
● Mitigating factors, and aggravating factors.
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● When imposing a fine
○ Above factors + the offender's property and ability to
pay the fine
6.2.6.11. Decision on sentence for multiple crimes
a) Primary sentence
● If all of the sentences imposed are community sentences or
determinate imprisonment, they shall be combined. The
combined sentence shall not exceed 03 years for community
sentence and 30 years for determinate imprisonment;
● If the sentences imposed include community sentence and

determinate imprisonment, community sentence shall be
converted into imprisonment. 03 days' community sentence
equals (=) 01 day's imprisonment.
● If the most severe sentence among the sentences imposed is

life imprisonment, the combined sentence shall be life
imprisonment;
● If the most severe sentence among the sentences imposed is

death sentence, the combined sentence shall be death
sentence;
● Fines shall be aggregated and shall not be combined with

other sentences;
● Expulsion shall not be combined with other sentences;
b) Additional sentence
● If all of the sentences imposed are of the same type, the

combined sentence shall not exceed the limit imposed by
Criminal Code; fines shall be aggregated;
● If the sentences imposed are of various types, the convict

must serve all of them.
c) Quote law
Article 123. Murder bodily harm upon another
Article 124. Murder or person
abandoning of a Article 141. Rape
newborn child Article 150. Human trafficking
Article 125. Voluntary Article 168. Robbery
manslaughter in the Article 171. Snatching
heat of passion Article 173. Theft
Article 128. Involuntary Article 174. Obtaining
manslaughter property by fraud
Article 134. Deliberate Article 175. Abuse of trust to
infliction of appropriate property
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General Law

1. The basic of the state

a) Special power apparatus

b) Set by the ruling class

c) Perform social management functions

1) State establishes a special public power – state power.

3) State has national sovereignty.

4) State promulgates the law

5) State collects taxes and issues money

d) Form of performing state’s function

Forms State agency

Making law Legislature

Implementation of law Administrative agencies

Protection of law Judicial authorities

f) Function implementation method

2.1. Legal concept:

b) When society forms classes:

c) The cause of the birth of law

2.2. The nature and characteristics of the law

b) Features of the law

2.3. Legal form:

c) Legal normative documents:

2) Legal personality of an individual:

Article 22. Lack of legal capacity

Article 23. Persons with limited cognition or behavior control

2.5. Implementation of law

2.6. Violation of the law and liability

LAW ON ROAD TRAFFIC (c.2 A.30)

Point n, clause 3, Article 6 Decree No.100/2019/ND-CP (amemded 2021)

Point b, clause 6, Article 11 Decree No.100/2019/ND-CP

Point c, clause 3, Article 5 Decree No.100/2019/ND-CP

Point a, clause 3, Article 6 Decree No.100/2019/ND-CP

COMPETITION LAW 2018 (c.6 A.3)

6. “Unfair competition practices” means competition acts performed by enterprises

Clause 5 Article 4 Decree 75/2019/ND-CP

5. The maximum fine for violations of regulations on unfair competition is VND

Civil code 2015 (A.574, A.603)

Article 584. Grounds giving rise to liability to compensate for damage

1. A person intentionally or unintentionally harming the life, health, honor, dignity,

1. An owner of livestock must compensate for damage caused to another person by

- Types of legal violation

Article 32. Sentences against criminals

Article 21. Sanctions and principles of application

Article 21. Sanctions and principles of application

2.7. System of legal documents in Vietnam

b) Subjects of regulation of constitutional law branch

c) Methods of regulation of constitutional law branch

d) Roles of the Constitution

f) Some main content of the Constitution of Vietnam

3.3. Political system of the Socialist Republic of Vietnam

b) Political system of the Socialist Republic of Vietnam

b) Subjects of civil law relations

g) Basis for establishing ownership rights:

1) Conditions for effective civil transactions:

3) Legal consequences of invalid transactions

j) Agreements on penalties for breach

5) Persons not entitled to inherit

l) Limitation periods with respect to inheritance