CHAPTER 2

Civil Law in Vietnam

1
 Outline
I/ Overview of Civil Law in Vietnam
II/ Civil legal relations
III/ Ownership
IV/ Civil obligations
V/ Civil contracts
VI/ Tort law lut tra tn

2
 Session Objectives
• Being able to identify:
– Objects
– Methodology
– Principles
– Sources
of Civil Law in Vietnam
• Being able to compare civil law to criminal
law
 Outline
I/ Overview of Civil Law in Vietnam
1) Objects
2) Methodology
3) Principles
4) Definition
5) Sources
6) Civil Code year 2015

4
1) Objects of Regulation of Civil Law
• Civil Relations (Art. 4.1)
– What? (Art. 1) RELATIONS established on the BASIS of
• Equality bình ng
t nguyn
• Freedom of will c lp tài sn
• Independence of property trách nhim cá nhân

• Self-responsibility
– E.g.
• Civil Relations
• Marriage and Family Relations
• Business and Trade Relations
• Labour Relations
• Inherence Relations
– Types of civil relations
qh tài sn
• Property relations qh nhân thân
• Person (identity) relations

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1) Objects of Regulation of Civil Law
Property Relations Personal Identity Relations
- Definition - Definition

Property Personal Identity Values

Party Party Party Party
what is property here? labour, goods, what else?

- E.g. - E.g.
• Sales of goods contracts •Relations relating to personal
rights (Art. 25→39)
• Labour contracts
vd: nói

- Features - Features
•Property moveable from
party to party •Personal Identity Values normally
immoveable from party to party
•With monetary nature •Without monetary nature
1) Objects of Regulation of Civil Law
Property Relations Personal Identity Relations
- E.g. 1: sales of goods - E.g. of Personal Identity Values
contracts
Goods Right to marriage
Seller Buyer Husband Wife
Click here for the video
$$$

- E.g. 2: labour contracts

Right to image
Celebrity Showman
Labour Click here for the video ng dn ctrinh
Employee Employer
1 s quyn nhân thân có th chuyn giao c
$$$ vd: quyn i vi h/a và cx có monetary value???????
 2) Methodology
• Equality
• Freedom of will
• Independence of property
• Self-responsibility

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 3) Principles
• Principle of Equality
• Principle of Freedom and Voluntariness
• Principle of Goodwill and Honesty
• Principle of Non-violation of Interests (of
the Nation, the Public and of other
persons) th vi phm: khi interest rate cho vay quá cao
• Principle of Self-Liability
(Art. 3, Civil Code 2015)
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 3) Principles
Watch the following videos and identify which
methodology/principles of Civil law are at risk? (Click on
the following link for the relevant materials!!!)

A video of a loan shark

An article on a loan shark

A video of marriage of convenience

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An article on marriage of convenience
 Principles Freedom Non-
of will Goodwill violation of
Self-
Equality and and Interests of
Liability
Voluntari Honesty Relevant
Criteria ness Parties

Legal basis
Unlimited or
What? limited
freedom?
E.g.
What legal
consequen
ces of the
principle
violation?
(e.g.:
Binding or
not binding 11
obligation)
 Self-liability
• Liability
– So called “responsibility”
– HOW is (dis)similar to/from obligation?
– WHEN is it arising?/Being liable/responsible for what?
• Civil liability
– WHAT are types of civil
liability/responsibility/remedies in civil law? →
Homework in ss 6
• Specific performance
• Damages/Liquidated damages
• Cancellation
• Restitution
• Injunction
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– Who is responsible/liable? → self-liability → E.g.
 Self-liability

+ Proper fulfilment/ performance

No liability
+ No fulfilment/ performance
Obligation
Liability
+ Improper fulfilment/ performance

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 Self-liability
+ Proper fulfilment/ performance
No liability
+ No fulfilment/ performance
Civil Obligation
Civil Liability
+ Improper fulfilment/ performance

A purchaser must pay the full price at the agreed place and time.

If the purchaser fails to make payments, he/she/it must pay

interest on the late payment as prescribed in Article 357 of this
Code. 14
 3) Principles
• Group 1: Show of Civil nature
• Group 2: Compliance with law
• Group 3: Respect for ethics

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 4) Definition
Civil law is a separate law branch in
Vietnam law system, a set of rules
regulating property relations and personal
identity relations on the basis of equality,
freedom of will, independence of property
and self- responsibility.
→ Objects of regulation
→ Types of civil relations
→ Methodology of civil law
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 4) Definition
A Legal System
Civil Criminal Administrative
Branches
Law Law Law
Sub- Ownership Obligations Contract Tort law Labour Etc.
Branches law law

Regimes Property … … …

Legal Norms
… … … … …
5) Sources of Civil Law in Vietnam

Customary Statutory Case Law


Constitution
Law Law → Click here
Legislations Codes
Laws
Issued


by???
Ordinances

Delegated Decrees
legislations Circulars
Resolutions
Decisions

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 5) Sources of civil law
• Customary Law
• Statutory Law
– Legislations
• Constitution year of 2013
• Civil Code year of 2015 FOCUS
• Other laws
– Delegated legislations
• Case Law

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 6) Civil Code of Vietnam 2015
- 689 Articles
- 6 Parts
– General Provisions
– Ownership Rights and Other Property-Related Rights
– Obligations and Contracts
– Inheritance
– Civil Relations Involving Foreign Elements
– Implementation Provisions

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1. Create your own Homework
mind-map for
today’s session!
(It works for you in
exams! :D)
2. Prepare for the
next session:
- Read Art.s 16-
24, 74, 83-85, 87
of the Civil Code
and analyze legal
norms therein!