Page 1

Synopsis

content

English
Home page

Original/PDF
Service packages

Diagram
Effect Relevance Content Relevance
Law News
Community of PeopleLaw

Download
Contact

TABLE
OF CONTENTS
THE TEXTWebSite Map Introduction Rss Homepage User Guide
...the kind of legal risk, taking
the opportunity
to get OF
rich...

Widgets

Log in
Keywords: Number, Title or Brief Content of the Text...

Username or Email

< Find Legal Documents >

Text PL

Search

password

Log in

Forgot password? New registration

CONGRESS
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

Law No: 91/2015/QH13

Hanoi, November 24, 2015
Storage

Note

Opinion

LAW
CIVIL

Facebook

Email

Print

Pursuant to the Constitution of the Socialist Republic of Vietnam;
VB Effect Tracking

The National Assembly promulgates the Civil Code.
Part One

Bilingual text

GENERAL RULES
Chapter I

GENERAL PROVISIONS
Article 1. Scope
This Code stipulates the legal status and legal standards of conduct of individuals and legal entities;
rights and obligations regarding the personal and property rights of individuals and legal entities in the relationships formed
established on the basis of equality, free will, property independence and self-responsibility (hereinafter referred to as
general civil relations).

News and related articles:
The whole new point of the Civil Code
the 2015
What is a contract? The
common contract type
use

Article 2. Recognition, respect, protection and assurance of civil rights

04 cases no
application of the statute of limitations
lawsuit in civil case
events

1. In the Socialist Republic of Vietnam, civil rights are recognized, respected, and protected
protected and guaranteed according to the Constitution and laws.
2. Civil rights can only be restricted in accordance with the law in cases of necessity for reasons
national defense, national security, social order and safety, social ethics, community health.

Discrimination of right of body
gender reassignment and
sex change

Article 3. Basic principles of civil law
1. All individuals and legal entities are equal and must not use any reason to discriminate;
are equally protected by law in terms of personal and property rights.

Things need to notice
about the authorization contract

2. Individuals and legal entities establish, perform and terminate their civil rights and obligations on the basis of:
freely, voluntary commitment, agreement. All commitments, agreements do not violate the prohibition of the law,
must not be contrary to social ethics, effective for all parties and must be respected by other subjects
important.

Team Bonus
Women's football: DN lost
promise to accept
What fruit?

3. Individuals and juridical persons must establish, perform and terminate their civil rights and obligations at once
in good faith, honestly.
4. The establishment, exercise and termination of civil rights and obligations must not infringe upon interests
national, ethnic, public interests, legitimate rights and interests of others.

What to do when the place
Do you keep the car at the shop?
Have a parking ticket?

5. Individuals and legal entities must be solely responsible for their failure to perform or fail to perform
proper civil obligations.
Article 4. Application of the Civil Code

Promise to reward the team
recruit Vietnam if
won Thailand but
broken promise: Is there?

1. This Code is the general law governing civil relations.
2. Other relevant laws governing civil relations in specific fields must not be contrary to
the basic principles of civil law prescribed in Article 3 of this Code.
3. In case other relevant laws do not provide for it or have provisions but violate Clause 2
In this regard, the provisions of this Code shall apply.

OK?
Parents have the right to
inheritance property for
more girls than children
boys

4. In case there is a difference between the provisions of this Code and an international treaty to which the Republic of
If the Socialist Republic of Vietnam is a member on the same issue, the provisions of the treaty shall apply
international.
Article 5. Application of custom

Should know this if
unfortunately got it
addicted husband
alcohol

1. Custom is a rule of conduct with clear content to determine the rights and obligations of individuals and laws
individual in a specific civil relationship, which is formed and repeated many times over a period of time
long, widely recognized and applied in a region, region, ethnic group, population community or
in a civilian field.

Many inadequacies at
Civil Code 2015

2. If the parties do not reach an agreement and the law does not provide for it, the collective
but the applied custom must not contravene the basic principles of civil law
prescribed in Article 3 of this Code.

Finalize the rules
about personal rights
in the Civil Code
2015

Article 6. Application of the same law
1. In case a relationship arises within the scope of civil law that the parties
If there is no agreement, no law and no applicable custom, then it applies
provisions of the law governing similar civil relations.

Confused when the law
inconsistent

2. If the same law as prescribed in Clause 1 of this Article cannot be applied, then
application of the basic principles of civil law specified in Article 3 of this Code, case law,
fair.
Article 7. State policies on civil relations

Law of change of four kinds
interest rate

1. The establishment, exercise and termination of civil rights and obligations must ensure the preservation of national identity,
respect and promote good customs, practices, traditions, solidarity, mutual friendship, mutual
love, each person for the community, the community for each person and the noble moral values ​of the nations
live together in Vietnam.

New point 07 Laws of yes
effect from
01/01/2017 (Part 2)

2. In civil relations, the conciliation between the parties in accordance with the provisions of law is permitted
encourage.
chapter II

Updated the Code
ESTABLISHMENT, IMPLEMENTATION AND PROTECTION OF CIVIL RIGHTScivil 2015

Article 8. Grounds for establishing civil rights
Civil rights are established on the following grounds:

Related legal advice

1. Contract.
2. Unilateral legal action.
3. Decisions of courts or other competent agencies as prescribed by law.
4. Results of labor, production and business; the result of the creative activity that creates the right object
Intellectual Property.
5. Possession of property.
6. Using property, benefiting from property without a legal basis.
7. Damage caused by illegal acts.
8. Perform work without authorization.

Arbitrarily sublease a car when
has not been approved, the car owner has
can you sue?
Fixed-time rental agreement
2 years, must work
proof right?
Can I receive an inheritance?
Auntie's or not?
Is there a criminal prosecution when giving
20%/month interest loan?

9. Other grounds prescribed by law.
Article 9. Exercise of civil rights

Land use rights acquired
1. Individuals and legal entities may exercise their civil rights according to their own will and must not be contrary to regulationsidentified as formed assets
in the future?
in Articles 3 and 10 of this Code.
2. The failure of individuals and legal entities to exercise their civil rights is not a basis for doing so
terminate the right, unless otherwise provided for by law.

LEGAL VIDEOS

Article 10. Limitation on exercise of civil rights
1. Individuals and legal entities must not abuse their civil rights to cause damage to others
other, to breach their obligations or to perform other illegal purposes.
2. In case an individual or legal entity fails to comply with the provisions of Clause 1 of this Article, the Court or
Other competent authorities, based on the nature and consequences of the violation, may not
protect part or all of their rights, compensating for damage, and where applicable
other sanctions prescribed by law.
Article 11. Methods of protecting civil rights quyền

Is In Detention Can Be For Sale
Property No?
When the civil rights of individuals or legal entities are violated, that subject has the right to protect himself according to the provisions of law
provisions of this Code, other relevant laws or request competent agencies and organizations to:
1. To recognize, respect, protect and guarantee their civil rights.
2. Forcible termination of infringing acts.
3. Forced public apology and rectification.
4. Forced performance of obligations.
5. Forcible compensation for damage.
6. Canceling a particular illegal decision of a competent agency, organization or person.
7. Other requirements as prescribed by law.

Lend you money just through
phone messages can be returned
okay?

Article 12. Self-defense of civil rights quyền
Self-defense of civil rights must be consistent with the nature and extent of infringing upon such civil rights
and must not contravene the basic principles of civil law specified in Article 3 of the Code
this.
Article 13. Compensation for damage
Individuals and legal entities whose civil rights have been infringed shall be compensated for all damage, except for the following cases:
unless otherwise agreed by the parties or provided for by law.
Article 14. Protection of civil rights through competent authorities

Buying and selling land with handwritten paper
Legal value or not?

1. Courts and other competent agencies have the responsibility to respect and protect the civil rights of individuals
person, legal person.
Where civil rights are infringed or disputed, the protection of rights shall be carried out
according to procedural law in Court or arbitration.
The protection of civil rights according to administrative procedures shall be carried out in cases prescribed by law.
The decision to settle the case according to administrative procedures may be reviewed at the Court.
2. The court may not refuse to settle a civil case or matter because there is no applicable law;
in this case, the provisions of Articles 5 and 6 of this Code shall apply.
Article 15. Cancellation of a particular illegal decision of a competent agency, organization or person
When dealing with a request for protection of civil rights, the Court or other competent authority has the right to
annul a particular illegal decision of a competent agency, organization or person.
In case the individual decision is annulled, the infringed civil rights will be restored and may
protected by the methods specified in Article 11 of this Code.
Chapter III

PERSONAL
Section 1. CIVIL LEGAL CAPACITY, CIVIL ACTION CAPACITY OF INDIVIDUAL
Article 16. Civil legal capacity of individuals
1. The civil legal capacity of an individual is the capacity of an individual to have civil rights and obligations
Civil.
2. All individuals have the same civil legal capacity.
3. The civil legal capacity of an individual begins when he is born and ends when he or she is born
died.
Article 17. Contents of civil legal capacity of individuals
1. Moral rights not attached to property and moral rights attached to property.
2. Ownership, inheritance and other rights to property.
3. The right to participate in a civil relationship and to have obligations arising from that relationship.
Article 18. No limitation on the civil legal capacity of individuals
The civil legal capacity of an individual is not restricted, except where this Code or other laws
related other regulations.
Article 19. Civil act capacity of individuals
An individual's civil act capacity is an individual's ability to establish,
exercise civil rights and obligations.
Article 20. Adults
1. An adult means a person who is full eighteen years of age or older.
2. Adults have full civil act capacity, except for the cases specified in Article 22,
23 and 24 of this Code.
Article 21. Minors
1. A minor is a person under the age of eighteen.
2. Civil transactions of a person under six years of age confirmed by his/her legal representative
set up, implement.
3. Persons between full six years of age and under fifteen years of age when establishing and performing civil transactions must:
approved by the legal representative, except for civil transactions serving daily-life needs
age-appropriate days.
4. Persons between full fifteen and under eighteen years of age shall establish and perform civil transactions by themselves
transactions, except for civil transactions related to real estate, movable property subject to registration and civil transactions
otherwise prescribed by law must be agreed by the legal representative.
Article 22. Loss of civil act capacity
1. When a person has a mental illness or other illness that is unable to perceive or control
acts shall be at the request of persons with related rights and interests or of relevant agencies or organizations
The court shall issue a decision declaring this person a person who has lost his/her civil act capacity on the basis of
conclusions of forensic psychiatric examination.
When there are no more grounds to declare a person incapacitated for civil acts, at the request of the
that person or the person with related rights and interests or of the concerned agency or organization, the Court
issue a decision to annul the decision declaring the loss of civil act capacity.
2. Civil transactions of persons who have lost their civil act capacity must be represented by a legal representative
establish and execute.
Article 23. Persons with difficulties in perception and behavior control
1. An adult due to a physical or mental condition that is incapable of realizing, doing
the act owner but has not yet lost his civil act capacity, at the request of this person,
persons with related rights and interests or of concerned agencies and organizations, on the basis of supervision conclusions
Forensic psychiatry, the Court issued a decision declaring this person a person with difficulty in receiving
knowledge, control behavior and appoint a guardian, determine the rights and obligations of the guardian.
2. When there is no longer a basis to declare that a person has difficulties in perception and behavior control, then follow
at the request of that person or of a person with related rights and interests or of an agency or organization
concerned, the Court issued a decision to annul the decision declaring people with cognitive difficulties,
behavior control.
Article 24. Limitation of civil act capacity
1. People who are addicted to drugs or other stimulants leading to the destruction of family property shall
at the request of persons with related rights and interests or concerned agencies and organizations, courts
may decide to declare this person as a person with limited capacity for civil acts.
The court decides on the legal representative of the person with restricted civil act capacity and
representative scope.
2. The establishment and performance of civil transactions related to the property of the person whose term is declared by the Court
The civil act capacity restriction must have the consent of the legal representative, except for transactions
to serve the needs of daily living or other relevant laws.
3. When there are no more grounds to declare that a person has restricted civil act capacity, upon request
of that person or of a person with related rights and interests or of an agency or organization
The Court shall issue a decision to annul the decision declaring the limitation of civil act capacity.
Section 2. PERSONAL RIGHTS
Article 25. Moral rights
1. Moral rights specified in this Code are civil rights attached to each individual,
may not be transferred to another person, unless otherwise provided by other relevant laws.
2. The establishment and performance of civil relations related to the moral rights of minors
Teenagers, people who have lost their civil act capacity, people with difficulties in cognition and behavior control must
approved by the legal representative of this person in accordance with the provisions of this Code, other laws
relevant or as determined by the Court.
The establishment and performance of civil relations related to the moral rights of the person who is declared dead
the deceased person must obtain the consent of his or her spouse or adult child; school
In the absence of these persons, consent must be obtained from the parents of the person who is declared dead
deceased persons, unless otherwise provided for by this Code or other relevant laws.
Article 26. Right to have a full name
1. Individuals have the right to have a full name (including a middle name, if any) . Name and surname of a person identified
identified by the person's last name and birth name.
2. The surname of an individual is determined to be the family name of the biological father or the family name of the biological mother according to the agreement of the parents;
If there is no agreement, the child's surname is determined by custom. Unspecified case
If a biological father is found, the child's family name is determined according to the surname of the biological mother.
In case children are abandoned, their biological fathers and mothers have not been identified and are adopted, they shall
of children is determined by the surname of the adoptive father or the surname of the adoptive mother by agreement of the parents
feed. In case there is only adoptive father or adoptive mother, the child's family name is determined according to the family name of the parent
there.
In case the child is abandoned, the biological father and mother have not been identified and has not been adopted
then the child's last name is determined at the request of the head of that child rearing establishment
or at the request of the person requesting the birth registration of the child, if the child is being
that person is temporarily fostered.
The biological father and mother specified in this Code are the father and mother determined based on the fact of giving birth;
person who asks for surrogacy with a person born from surrogacy according to the provisions of the Law on Marriage
individuals and families.
3. The naming is restricted in case of infringing upon the lawful rights and interests of others
or contrary to the basic principles of civil law specified in Article 3 of this Code.
The name of a Vietnamese citizen must be in Vietnamese or another ethnic language of Vietnam; do not put
name with a number, with a character that is not a letter.
4. Individuals shall establish and perform civil rights and obligations according to their full names.
5. The use of aliases and pseudonyms must not cause damage to the legitimate rights and interests of the person
other.
Article 27. Right to change surname
1. Individuals have the right to request competent state agencies to recognize the change of surname in
the following cases:
a) Changing the family name for a biological child from the surname of the biological father to the surname of the biological mother or vice versa;
b) Changing the family name of an adopted child from the surname of the biological father or mother to the surname of the adoptive father or the surname of the mother
rearing at the request of the adoptive father or mother;
c) When an adopted child ceases to be adopted and this person or his/her biological father or mother requests to get his/her surname back
that person follows the surname of his or her biological father or mother;
d) Changing the child's last name at the request of the biological father, natural mother or of the child when identifying the father or mother
child;
dd) Change the family name of the lost person who has found his or her blood origin;
e) Changing the family name according to the wife's family name, the husband's last name in marriage and family relationships involving foreign elements
abroad to comply with the law of the country of which the foreign spouse is a citizen or take it back
last name before the change;
g) Changing the child's last name when the father or mother changes the family name;
h) Other cases prescribed by the civil status law.
2. The change of last name for a person aged full nine years or older must be consented to by that person.
3. Changing an individual's surname does not change or terminate the defined civil rights and obligations
old surname.
Article 28. Right to change name
1. Individuals have the right to request competent state agencies to recognize the name change in
the following cases:
a) At the request of the person with the name, the use of that name causes confusion or affects sentiment
family, to the honor, rights and legitimate interests of that person;
b) At the request of the adoptive father, adoptive mother about changing the name of the adopted child or when the adopted child
cease to be adopted and this person or his/her biological father or mother requests to have the name given by his/her biological father or mother;
c) At the request of the biological father, natural mother or child when determining the father or mother for the child;
d) Change the name of the lost person who has found his or her blood origin;
dd) Changing the names of husband and wife in marriage and family relations involving foreign elements to suit their needs
in accordance with the laws of the country of which the foreign spouse is a citizen or regains his previous name
change;
e) Change the name of the person who has redefined gender, the person who has changed gender;
g) Other cases prescribed by the civil status law.
2. The change of name for a person aged full nine years or older must have the consent of that person.
3. The change of an individual's name does not change or terminate the defined civil rights and obligations
old name.
Article 29. Right to identify and redefine ethnicity
1. Individuals have the right to identify and redefine their ethnicity.
2. Individuals at birth may have their ethnicity identified according to the ethnicity of their biological father or mother. In the case of a biological father,
If the birth mother belongs to two different ethnic groups, the ethnicity of the child is determined according to the ethnicity of the biological father
or natural mother as agreed by the biological father or mother; In the absence of agreement, the ethnicity of
children are identified by custom; In case of different customs, your ethnicity will be determined
determined according to the customs of the ethnic minority.
In case a child is abandoned, his biological father or mother has not been identified and is adopted,
have their ethnicity determined according to the ethnicity of the adoptive father or mother according to the agreement of the adoptive parents.
In case there is only adoptive father or adoptive mother, the ethnicity of the child is determined according to the ethnicity of the child
that person.
In case the child is abandoned, the biological father and mother have not been identified and has not been adopted
ethnicity shall be determined at the request of the head of such child-raising establishment or according to
the request of the person who is temporarily raising the child at the time of birth registration for the child.
3. Individuals have the right to request competent state agencies to redefine ethnicity in schools
the following case:
a) Re-determination by ethnicity of the biological father or mother in case the biological father and mother belong to two ethnic groups
different ethnicities;
b) Re-determination by ethnicity of the biological father or mother in case the adopted child has been identified
his birth father, his own mother.
4. Ethnicity re-determination for persons from full fifteen years old to under eighteen years must be approved
consent of that person.
5. Prohibit taking advantage of the ethnic re-determination for the purpose of profiteering or causing division or harm to
the unity of the Vietnamese peoples.
Article 30. Right to birth and death registration
1. Individuals from birth have the right to have birth registration.
2. Dead individuals must be declared dead.
3. Children who live for twenty-four hours or more before they die must have their births registered and
death declaration; If you are born and live less than twenty-four hours, you do not have to register your birth and death, except for school
If the biological father or mother requests.
4. Birth and death registration shall be prescribed by the civil status law.
Article 31. Right to nationality
1. Individuals have the right to have nationality.
2. The identification, change, importation, withdrawal and return of Vietnamese nationality shall be regulated by the Law on Vietnamese nationality
determined.
3. The rights of stateless people residing and living in the Vietnamese territory are guaranteed under
the law.
Article 32. Rights of individuals to images
1. Individuals have rights to their own images.
The use of an individual's image must be consented to by that person.
The use of other people's images for commercial purposes must pay compensation to the owner
images, unless otherwise agreed by the parties.
2. The use of images in the following cases does not require the consent of the person with the image
or their legal representative:
a) The image is used for national, ethnic or public interests;
b) Images used from public activities, including conferences, seminars, contest activities, etc
sports competitions, performing arts and other public activities without prejudice to the
honor, dignity and prestige of the person with the image.
3. If the use of images violates the provisions of this Article, the image holder has the right to claim
request the Court to issue a decision forcing the violator, related agencies, organizations and individuals to withdraw,
destroy, terminate the use of images, compensate for damage and apply handling measures
otherwise prescribed by law.
Article 33. Right to life, right to safety of life, health and body
1. Individuals have the right to life, the inviolable right to life and body, the right to the law
health protection. No one shall be unlawfully deprived of his life.
2. When detecting a person suffering from an accident or illness whose life is threatened, the discoverer is responsible
responsibility or request other individuals, agencies or organizations with necessary conditions to immediately bring them to the establishment
nearest medical examination and treatment; Medical examination and treatment establishments are responsible for performing the
medical examination and treatment in accordance with the law on medical examination and treatment.
3. Anesthesia, surgery, removal and transplantation of human tissues and organs; implementation techniques, methods
examination and treatment of new diseases on the human body; medical, pharmacological, scientific or any other
Any other type of testing on the human body must be approved by that person and must be
competent authority to do so.
In case the person being tested is a minor or a person who has lost civil act capacity
the patient, the person with cognitive or behavioral difficulties, or the patient is unconscious
consent of such person's father, mother, wife, husband, adult child or guardian; dangerous case
risk to the patient's life without waiting for the opinions of the above people, then
There must be a decision of a competent person of the medical examination and treatment establishment.
4. The autopsy shall be performed in one of the following cases:
a) Having the consent of that person before death;
b) Having the consent of the father, mother, wife, husband, adult children or guardians if there is no opinion
of that person before death;
c) According to the decision of the head of the medical examination and treatment establishment or of a state agency
authority where required by law.
Article 34. Right to protection of honor, dignity and prestige
1. An individual's honor, dignity and reputation are inviolable and protected by law.
2. Individuals have the right to request the Court to reject information that adversely affects the honor or reputation
product, its reputation.
The protection of honor, dignity, and reputation can be done after an individual's death upon request
of a spouse or adult child; In the absence of these persons, at the request of
father or mother of the deceased, unless otherwise provided for by relevant laws.
3. Information that adversely affects an individual's honor, dignity and reputation is posted on the website
Any mass media must be removed and rectified by the media itself
that mass news. If this information is kept by agencies, organizations or individuals, it must be destroyed.
4. In case it is not possible to identify the person who reported the news, which adversely affects the honor, dignity, and prestige
information, the person being informed has the right to request the court to declare that information is not true.
5. Individuals who are adversely affected by information on their honor, dignity and reputation are in addition to their right to love
request to refute such information also has the right to ask the person who made the information to apologize, make a public correction and
damages.
Article 35. Right to donate and receive human tissues and organs and to donate and take corpses
1. Individuals have the right to donate their own tissues or organs while they are still alive or donate tissues and organs
body, to donate one's body after death for the purpose of healing others or for medical research,
pharmacology and other scientific studies.
2. Individuals have the right to receive other people's tissues and organs for medical treatment. Basis
medical examination and treatment, a legal person competent in scientific research has the right to receive organs
human body, taking corpses for medical treatment, testing medicine, pharmacology and scientific research
other.
3. The donation, collection of human tissues and organs, donation and collection of corpses must comply with the conditions and be accepted
comply with the provisions of this Code, the Law on donation, collection and transplantation of human tissues and organs and donation and collection
and other relevant laws.
Article 36. Right to gender reassignment
1. Individuals have the right to redefine gender.
The reassignment of a person's gender is carried out in the event that the person's gender is
congenital or unidentified defects that require medical intervention to determine
specify gender.
2. Gender re-determination shall comply with the provisions of law.
3. Individuals who have performed gender reassignment have the right and obligation to register for a change of civil status according to:
provisions of the law on civil status; have gender identity rights that have been redefined
in accordance with the provisions of this Code and other relevant laws.
Article 37. Sex change
The sex change is done in accordance with the law. Individuals who have changed sex have
rights and obligations to register for civil status changes in accordance with the civil status law; have human rights
gender-conforming bodies that have been converted in accordance with this Code and other relevant laws
mandarin.
Article 38. Right to private life, personal secrets and family secrets
1. Private life, personal secrets, family secrets are inviolable and protected by law
guard.
2. The collection, storage, use and disclosure of information related to private life, personal secrets
subject to his or her consent, the collection, storage, use and disclosure of information relating to
Family secrets must be agreed by family members, unless otherwise provided for by law.
3. Letters, telephones, telegrams, electronic databases and other forms of private communication
other personal property is secured and confidential.
The opening, control and seizure of correspondence, telephones, telegrams, electronic databases and other forms of
The exchange of other private information of others is done only where required by law.
4. The parties to the contract must not disclose information about private life, personal secrets, secrets
each other's families that we have known during the establishment and performance of the contract, except for
otherwise agreed upon.
Article 39. Moral rights in marriage and family
1. Individuals have the right to get married, divorced, have equal rights of husband and wife, and have the right to identify father, mother, child,
right to adoption, adoption rights and other moral rights in the relationship
marriage, parent-child relationships, and relationships between family members.
Children born regardless of the marital status of the father and mother have the same rights and obligations
each other towards their father and mother.
2. Individuals exercise their moral rights in marriage and family in accordance with this Code,
Marriage and family law and other relevant laws.
Section 3. RESIDENCE
Article 40. Place of residence of individuals
1. An individual's place of residence is the place where he/she regularly lives.
2. If the place of residence of an individual cannot be determined as prescribed in Clause 1 of this Article, then
The place of residence of an individual is the place where he or she is currently living.
3. Where a party to a civil relationship changes his/her place of residence associated with the exercise of his/her right,
obligation, must notify the other party of the new place of residence.
Article 41. Place of residence of minors
1. The place of residence of a minor is the place of residence of his or her father or mother; if the father or mother has another place of residence
the place of residence of the minor is the place of residence of the father or mother of whom the minor is
often live together.
2. A minor may have a place of residence different from that of his or her father or mother if allowed by his or her father or mother
consent or as required by law.
Article 42. Place of residence of the ward
1. The ward's place of residence is the guardian's place of residence.
2. The ward may have a place of residence different from that of the guardian if possible
consent of the guardian or provided for by law.
Article 43. Place of residence of husband and wife
1. The place of residence of the husband and wife is the place where the husband and wife regularly live together.
2. Husband and wife may have different places of residence if so agreed.
Article 44. Place of residence of military personnel
1. The place of residence of a soldier performing his military service is the place where that soldier's unit is located
army.
2. The place of residence of military officers, professional soldiers, workers and defense officers is
the place where that person's unit is stationed, unless he/she has a place of residence as prescribed in Clause 1, Article 3
40 of this Code.
Article 45. Place of residence of itinerant workers
The place of residence of an itinerant practitioner on a ship, boat or other means of mobile practice is
place of registration of such ship, boat or vehicle, unless they have a place of residence as prescribed in Clause 1
Article 40 of this Code.
Section 4. GUARDIAN
Article 46. Guardianship
1. Guardianship means an individual or legal entity prescribed by law, appointed by the commune-level People's Committee,
appointed by the Court or prescribed in Clause 2, Article 48 of this Code (hereinafter collectively referred to as
is a guardian) to take care of and protect the lawful rights and interests of the person who has not
minors, people who have lost their civil act capacity, people with difficulties in cognition and behavior control
vi (hereinafter referred to as the ward).
2. In case of guardianship for a person who has difficulty in cognition or behavior control, he/she must be consulted
consent of the person if he or she is capable of expressing his will at the time of the request.
3. The guardianship must be registered at a competent state agency according to the provisions of law
civil status law.
The natural guardian who does not register the guardianship still has to perform the obligations of the guardian
guardian.
Article 47. Guardians
1. The ward includes:
a) The minor has no father or mother or the father or mother cannot be identified;
b) A minor has a father or mother, but both parents have lost their civil act capacity; parents
all have difficulties in perception and behavior control; Both parents have limited capacity for civil acts
the; both parents have been declared by the Court to have limited rights to their children; father and mother are not eligible
take care of and educate children and require a guardian;
c) Persons who have lost their civil act capacity;
d) People with difficulties in perception and behavior control.
2. A person can only have one guardian, except where a parent is a guardian for a child
or grandpa and grandma jointly guardian for the grandchild.
Article 48. Guardians
1. Individuals and legal entities that fully satisfy the conditions specified in this Code may act as guardians.
2. In case a person with full civil act capacity chooses a guardian for him/her, when:
they are in a state in need of guardianship, an individual or legal entity is selected as a guardian if the person
This agrees. The selection of guardian must be made in writing, notarized or certified
real.
3. An individual or legal entity may be the guardian for many people.
Article 49. Conditions for individuals to act as guardians
An individual who meets the following conditions may act as a guardian:
1. Having full civil act capacity.
2. Having good moral character and necessary conditions to exercise the rights and obligations of the supervisor
household.
3. Not a person being prosecuted for penal liability or a person convicted but not yet
have the criminal record removed for one of the crimes of intentionally infringing upon life, health, honor, dignity,
property of others.
4. Not a person whose rights have been restricted by the Court.
Article 50. Conditions for legal entities to act as guardians
Legal entities that fully meet the following conditions may act as guardians:
1. Having civil legal capacity suitable for guardianship.
2. Having necessary conditions to exercise the guardian's rights and obligations.
Article 51. Supervision of guardianship
1. Relatives of the ward agree to appoint a guardian to supervise the guardianship from among the
relatives or choose another individual or legal entity to be the guardian of the guardianship.

The appointment and selection of guardians must be approved by that person. The case of supervision
guardianship related to the management of the ward's assets, the custodian must
registered at the People's Committee of the commune where the ward resides.
Relatives of the ward are the ward's wife, husband, father, mother and children;
if none of these people are present, the ward's next of kin is Mr.
the ward's grandmother, brother, sister, younger brother; if also none of these
this person, the ward's next of kin is an uncle, an uncle, an uncle, an aunt, an aunt
ward of the ward.
2. In case there is no relative of the ward or the next of kin
fails to appoint or select a guardian as prescribed in Clause 1 of this Article, the Committee shall
The people at the commune level where the guardian resides shall appoint an individual or legal entity to supervise the guardianship.
In case there is a dispute over the appointment or selection of guardianship supervisors, the Court shall decide.
3. The person supervising the guardianship must be a person with full civil act capacity if he is an individual,
have civil legal capacity suitable for supervision if being a legal person; have the necessary conditions to
perform monitoring.
4. Guardianship supervisors have the following rights and obligations:
a) Monitor and examine guardians in the performance of guardianship;
b) Review and give timely written opinions on the establishment and performance of civil transactions specified in
Article 59 of this Code;
c) Request the competent state agency in charge of guardianship to consider changing or terminating the
guardianship, supervision of guardianship.
Article 52. Natural guardian of minors
Natural guardians of minors specified at Points a and b, Clause 1
Article 47 of this Code is determined in the following order:
1. The older brother is the eldest brother or the older sister is the guardian who is the guardian; if the eldest brother or sister doesn't have enough
If the conditions for being a guardian are met, the next biological brother or sister shall be the guardian, unless
has an agreement that a brother or sister will act as a guardian.
2. If there is no guardian specified in Clause 1 of this Article, the grandfather, grandmother, grandfather
Grandparents are guardians, or these people agree to appoint one or more people
of them as guardians.
3. In case there is no guardian specified in Clauses 1 and 2 of this Article, the uncle, uncle,
biological father, uncle, aunt or aunt is the guardian.
Article 53. Natural guardian of a person who has lost his/her civil act capacity
If there is no guardian as prescribed in Clause 2, Article 48 of this Code, the
The natural guardian of a person who has lost his/her civil act capacity is determined as follows:
1. In case the wife is a person who has lost her civil act capacity, the husband shall be the guardian; if husband is
If a person loses his/her civil act capacity, his/her wife is the guardian.
2. Where both parents have lost their civil act capacity or one person has lost their act capacity
civil, and the other is not qualified to act as a guardian, the eldest child shall be the guardian;
If the eldest child is not eligible to be a guardian, the next child is eligible
act as a guardian is a guardian.
3. In case an adult who has lost his/her civil act capacity has no wife, husband, or children, or has
If a wife, husband or children are not eligible to act as guardians, the father and mother shall be the guardian.
Article 54. Appointment and appointment of guardians
1. In case a minor or a person who has lost his/her civil act capacity does not have a guardian
automatically according to the provisions of Articles 52 and 53 of this Code, the commune-level People's Committees
the place of residence of the ward is responsible for appointing the guardian.
If there is a dispute between the guardians specified in Articles 52 and 53 of the Code
guardianship or a dispute over the appointment of a guardian, the Court shall appoint a guardian
household.
In case of appointing or appointing a guardian for a minor who is full six years old or older, he must:
consider this person's wishes.
2. The appointment of a guardian must be approved by the person appointed as a guardian.
3. The appointment of a guardian must be made in writing, clearly stating the reason for appointing the guardian,
specific rights and obligations of the guardian, and the status of the ward's property.
4. Except for the cases specified in Clause 2, Article 48 of this Code, the guardian of
have difficulty in understanding, controlling the behavior appointed by the Court among the guardians
prescribed in Article 53 of this Code. In case there is no guardian as prescribed above, the Court
the court appoints a guardian or recommends a legal entity to perform the guardianship.
Article 55. Obligations of guardians towards wards who are under fifteen years of age
1. To take care of and educate the ward.
2. Representing the ward in civil transactions, unless otherwise provided for by law
persons under fifteen years of age may establish and perform civil transactions by themselves.
3. Manage the ward's assets.
4. To protect the ward's lawful rights and interests.
Article 56. Obligations of guardians towards wards from full fifteen years old to
under eighteen years old
1. Representing the ward in civil transactions, unless otherwise provided for by law
Persons from full fifteen years old to under eighteen years old can establish and perform transactions by themselves
Civil.
2. Manage the ward's property, unless otherwise provided for by law.
3. To protect the ward's lawful rights and interests.
Article 57. Obligations of guardians towards wards who lose civil act capacity
people who have difficulties in cognition and behavior control
1. The guardian of a person who has lost his/her civil act capacity has the following obligations:
a) Take care of and ensure the treatment of diseases for the ward;
b) Representing the ward in civil transactions;
c) Manage the ward's property;
d) Protect the ward's lawful rights and interests.
2. The guardian of a person with cognitive or behavioral difficulties has an obligation under the decision
of the Court among the obligations specified in Clause 1 of this Article.
Article 58. Rights of guardians
1. Guardians of minors or persons who have lost their civil act capacity have rights
The following:
a) Using the ward's property to take care of and pay for essential needs
of the ward;
b) To be paid reasonable expenses for the management of the ward's property;
c) Representing the ward in establishing and performing civil transactions and performing
other rights as prescribed by law in order to protect the legitimate rights and interests of the beneficiary
Guardian.
2. Guardians of people with cognitive and behavioral difficulties have the right to decide
of the Court among the rights specified in Clause 1 of this Article.
Article 59. Management of the ward's property
1. Guardians of minors or persons who have lost their civil act capacity have a responsibility
manage the ward's assets as his own; transactions are carried out
relating to the ward's property for the benefit of the ward.
Sale, exchange, lease, loan, loan, pledge, mortgage, deposit and civil transactions
Other for the ward's large-valued assets, the custodian's consent is required
guardianship.
The guardian may not give the ward's property to another person. The delivery
civil service between the guardian and the ward in relation to the property of the ward
guardianship is invalid, except in cases where the transaction is made for the benefit of the ward
and with the consent of the guardianship supervisor.
2. The guardian of a person with difficulty in cognition or behavior is entitled to manage property
of the ward according to the court's decision to the extent specified in Clause 1 of Article
this.
Article 60. Change of guardian
1. The guardian may be changed in the following cases:
a) The guardian no longer fully meets the conditions specified in Article 49, Article 50 of this Code;
b) The guardian being an individual dies or is declared by the Court to have limited civil act capacity, has
difficulty in perception, behavior control, loss of civil act capacity, missing; legal entity
guardianship ceases to exist;
c) The guardian seriously violates the guardianship obligation;
d) The guardian requests to be changed and another person accepts it as guardian.
2. In case of natural guardian change, the persons specified in Articles 52 and
Article 53 of this Code is the natural guardian; without a guardian of course
The appointment and appointment of guardians shall comply with the provisions of Article 54 of this Code.
3. Procedures for changing guardians shall comply with the law on civil status.
Article 61. Transfer of guardianship
1. When changing a guardian, within 15 days from the date of having a new guardian,
who has performed the guardianship must transfer the guardianship to his or her replacement.
2. The transfer of guardianship must be made in writing, clearly stating the reason for the transfer and the situation
property status, other related issues of the ward at the time of transfer. muscle
appointing officials, appointing guardians, supervising guardians to witness the transfer of guardians
household.
3. In case of change of guardian specified in Clause 1, Article 60 of this Code, the agency
appoint or appoint a guardian to make a record, clearly stating the status of the property and other related matters of the
ward, rights and obligations arising in the course of performing guardianship to transfer
assigned to a new guardian in the presence of the guardianship supervisor.
Article 62. Termination of guardianship
1. The guardianship terminates in the following cases:
a) The ward has full civil act capacity;
b) The ward dies;
c) The ward's parents are minors who have fully met the conditions to do so
their rights and obligations;
d) The ward is adopted.
2. Procedures for terminating guardianship comply with the law on civil status.
Article 63. Consequences of termination of guardianship
1. In case the ward has full civil act capacity, within 15 minutes
days, from the date of termination of the guardianship, the guardian settles the property with the ward
guardianship, transfer of rights and obligations arising from civil transactions for the benefit of the ward
for the ward.
2. In case the ward dies, within 3 months from the date of termination of work
guardian, a guardian who settles property with an heir or delivers property to a manager
the ward's estate, the transfer of rights and obligations arising from civil transactions for the benefit
benefits of the ward to the ward's heirs; if that time limit expires
If the heir has not been identified, the guardian shall continue to manage the property of the ward
until the property is settled in accordance with the law on inheritance and notify the Commissioner
the commune-level People's Committee of the place of residence of the ward.
3. Cases of termination of guardianship specified at Points c and d, Clause 1, Article 62 of the Code
In this case, within 15 days from the date of termination of guardianship, the guardian shall pay the
property and transfer of rights and obligations arising from civil transactions for the benefit of the supervisee
for the ward's father or mother.
4. The payment of property and the transfer of rights and obligations specified in this Article shall be established
written with the supervision of the guardianship supervisor.
Section 5. NOTICE OF FINDING PEOPLE AWAY AT RESIDENCE, DECLARATION OF LOST,
DECLARATION OF DEATH ONLY
Article 64. Request for notice of search of persons absent from the place of residence and property management of
that person
When a person has been missing for 6 consecutive months or more, those with related rights and interests have the right to
request the Court to notify the search for a person absent from his/her place of residence in accordance with the law on prosecution
civil proceedings and may ask the Court to apply measures to manage the property of the person absent from the
place of residence specified in Article 65 of this Code.
Article 65. Asset management of persons absent from the place of residence
1. At the request of the person with related rights and interests, the Court shall hand over the property of the person who is absent from the court
residence for the following people to manage:
a) With respect to the property which has been authorized to manage by the absent person, the authorized person shall continue to manage the property
physical;
b) The common property shall be managed by the remaining common owner;
c) With respect to the property currently managed by the spouse, the spouse shall continue to manage; if wife or
husband dies or loses civil act capacity, has difficulties in cognition, behavior control,
If the civil act capacity is limited, the adult children or the father or mother of the absent person shall manage it.
2. In the absence of the persons specified in Clause 1 of this Article, the Court shall appoint a
the person among the relatives of the person absent from the place of residence manages the property; if
If there are no relatives, the Court appoints another person to manage the property.
Article 66. Obligations of the property manager of the person absent from the place of residence
1. Preserve and preserve the property of the absent person as if it were his/her own property.
2. Immediately sell assets that are crops and other products at risk of being damaged.
3. Fulfilling alimony obligations, paying due debts and other financial obligations of the absentee
the premises of that person's property according to the court's decision.
4. Return the property to the absent person when he/she returns and must notify the Court; if
If they are at fault in property management and cause damage, they must compensate.
Article 67. Rights of property managers of persons absent from the place of residence
1. Manage the property of the absentee.
2. Deduct part of the property of the absent person to fulfill the alimony and payment obligation
payment of due debts and other financial obligations of the absentee.
3. To be paid the necessary expenses in managing the property of the absent person.
Article 68. Declaration of missing
1. When a person has been missing for 2 consecutive years or more, even though all notification measures have been applied,
search in accordance with the law on civil procedure but still no authentic information about
whether that person is alive or dead, at the request of the person with related rights and interests, the Court
may declare the person missing.
The time limit of 02 years is counted from the date of knowing the last information about that person; if undefined
If you get the date of the last news, this time limit will be counted from the first day of the next month
the last news month; if it is not possible to determine the date and month with the last information, the time limit
This is calculated from the first day of the year following the year of last news.
2. In case the wife or husband of the person who is declared missing applies for a divorce, the court will grant the divorce
marriage in accordance with the law on marriage and family.
3. Court decisions declaring a person missing must be sent to the commune-level People's Committee
the last place of residence of the person declared missing to make notes in accordance with the law on households
president.
Article 69. Property management of persons declared missing mất
The person who is managing the property of the person who is absent from the place of residence specified in Article 65 of this Code
continue to manage the person's property when that person is declared missing by the Court and has the rights,
obligations specified in Articles 66 and 67 of this Code.
In case the Court grants divorce to the spouses of the person declared missing, the property
of the missing person is assigned to the adult child or the parent of the missing person for management; if
If these people are not available, they will be assigned to the relatives of the missing person to manage; if do not have
relatives, the Court appoints another person to manage the property.
Article 70. Cancellation of the decision to declare missing
1. When a person who has been declared missing returns or has reliable information that such person is still alive, he/she shall follow his/her request
At the request of such person or of a person with related rights and interests, the Court shall issue a decision to annul the decision
to declare the person missing.
2. The person who is declared missing will return to receive the property transferred later by the property manager
when management fees have been paid.
3. In case the wife or husband of the person declared missing has been divorced, even though the person declared missing
If the missing father returns or there is reliable information that he is still alive, the divorce decision is still valid
legal force.
4. The Court's decision overturning the decision declaring a person missing must be sent to the Commission Ủy
Commune-level people's residence of the person declared missing to make notes according to the provisions of law
on civil status.
Article 71. Declaration of death
1. Persons with related rights and interests may request the Court to issue a decision declaring a person has
die in the following cases:
a) After 03 years, from the date on which the court's decision to declare missing takes legal effect, but still
no authentic news is alive;
b) Disappeared during the war 5 years after the end of the war and still no news
authentically alive;
c) Having an accident or disaster or natural disaster that after 02 years from the date of the accident or disaster or natural disaster
there is still no confirmation that he is still alive, unless otherwise provided for by law;
d) He has been missing for 5 consecutive years or more and there is no reliable information that he is still alive; This period is counted
as prescribed in Clause 1, Article 68 of this Code.
2. Based on the cases specified in Clause 1 of this Article, the Court shall determine the date of death of the person
declared dead.
3. Court decisions declaring a person dead must be sent to the People's Committee
commune where the person is declared dead to make notes in accordance with the law on civil status.
Article 72. Personal relationship and property relationship of a person who is declared dead by a court
1. When a court's decision declaring a person dead takes legal effect, the relationship between
the person's marriage, family and other personal relationships are treated as if they were
dead.
2. The property relationship of the person declared dead by the Court shall be settled in the same way as for the deceased
died; that person's property shall be settled in accordance with the law on inheritance.
Article 73. Cancellation of the decision on death declaration
1. When a person who has been declared dead returns or there is confirmation that he is still alive, then
at the request of that person or of a person with related rights and interests, the Court shall issue a decision to cancel the
rescind the decision to declare the person dead.
2. The personal relationship of the person who is declared dead is restored when the Court issues a decision
annul the decision declaring the person dead, except in the following cases:
a) The spouse of the person who is declared dead has been granted a divorce by the Court in accordance with the provisions of
Clause 2, Article 68 of this Code, the divorce decision is still valid;
b) If the spouse of the person who is declared dead has married another person, such marriage
still in force.
3. A person who is declared dead but still alive has the right to claim those who have received the excess property
asset return plan, current asset value.
In case the heir of a person who is declared dead knows that this person is still alive but intentionally
concealed in order to inherit, such person must return the entire property received, including yields,
income; If damage is caused, compensation must be made.
4. Property relations between husband and wife shall be settled in accordance with the provisions of this Code and the Marriage Law
and family.

Page 2

5. The Court's decision to annul the decision declaring a person dead must be sent to the Commission
The commune-level People's Committee of the place of residence of the person declared dead to make notes according to the provisions of law
civil status law.
Chapter IV

LEGAL
Article 74. Legal person
1. An organization is recognized as a legal entity when it fully meets the following conditions:
a) Established under the provisions of this Code and other relevant laws;
b) Having an organizational structure as prescribed in Article 83 of this Code;
c) Having assets independent of other individuals or legal entities and taking responsibility for their own property;
d) Independently participate in legal relations in their own name.
2. Every individual or juridical person has the right to establish a juridical person, unless otherwise provided for by law
other.
Article 75. Commercial legal entities
1. A commercial legal entity is a legal entity whose main objective is to seek profits and obtain profits
divided among members.
2. Commercial legal entities include enterprises and other economic organizations.
3. The establishment, operation and termination of commercial legal entities shall comply with the provisions of
This Code, the Enterprise Law and other relevant laws.
Article 76. Non-commercial legal entities
1. Non-commercial legal entity means a legal entity whose main objective is to seek profit; if
Profits are not distributed among members.
2. Non-commercial legal entities include state agencies, people's armed forces units, main organizations
political organizations, socio-political organizations, socio-political-professional organizations, social organizations, social organizations professions, social funds, charitable foundations, social enterprises and other non-commercial organizations.
3. The establishment, operation and termination of non-commercial legal entities shall comply with regulations
of this Code, the laws on the organization of the state apparatus and other relevant laws.
Article 77. Charter of legal persons
1. A juridical person must have a charter if so provided for by law.
2. The charter of a juridical person has the following principal contents:
a) Name of the legal person;
b) Purpose and scope of operation of the legal person;
c) Head office; branches, representative offices, if any;
d) Charter capital, if any;
d) Legal representative at law;
e) Organizational structure; the form of nomination, election, appointment, relief from duty, removal from office, duties and powers
of the titles of the executive and other bodies;
g) Conditions for becoming a member or no longer being a member of a legal entity, if it is a legal entity
have members;
h) Rights and obligations of members, if it is a legal entity with members;
i) Procedures for passing decisions of legal entities; internal dispute settlement principles;
k) Procedures for amending and supplementing the charter;
l) Conditions for consolidation, merger, division, separation, transformation, or dissolution of the legal entity.
Article 78. Name of legal person
1. The legal entity must have its name in Vietnamese.
2. The name of the legal person must clearly show the type of organization of the legal person and distinguish it from other legal entities
other legal entities in the same field of activity.
3. Legal persons must use their names in civil transactions.
4. The name of the legal person is recognized and protected by law.
Article 79. Head office of a legal person
1. The head office of a legal person is the place where the executive agency of the legal person is located. In case of change of headquarters
the legal entity must make it public.
2. The contact address of the legal person is the address of the head office of the legal person. Legal entity can choose another place
make contacts.
Article 80. Nationality of legal persons
A legal person established under Vietnamese law is a Vietnamese legal person.
Article 81. Property of legal persons
Assets of a juridical person include contributed capital of the owner, founder, and members of the juridical person
and other property that the legal person is entitled to establish in accordance with the provisions of this Code and other laws
related.
Article 82. Establishment and registration of legal entities
1. A legal person is established on the initiative of an individual, a legal entity or by a decision of an agency
competent state agency.
2. Legal entity registration includes registration of establishment, registration of changes and other registration as prescribed
under the law.
3. The registration of legal entities must be made public.
Article 83. Organizational structure of legal persons
1. A legal person must have an executive agency. Organization, duties and powers of the executive body
of a juridical person specified in the charter of the juridical person or in the decision to establish the law
multiply.
2. The legal person has another agency under the decision of the legal person or according to the provisions of law.
Article 84. Branches and representative offices of legal entities
1. Branches and representative offices are dependent units of legal entities, not legal entities.
2. The branch is responsible for performing all or part of the functions of the legal entity.
3. Representative offices have the task of representing within the scope assigned by the legal entity, protecting the interests of
legal.
4. The establishment and termination of branches and representative offices of legal entities must be registered under
required by law and made available to the public.
5. Heads of branches or representative offices perform tasks authorized by law
within the authorized scope and time limit.
6. Legal persons have civil rights and obligations arising from civil transactions conducted by branches or representative offices
establishment and implementation.
Article 85. Representative of legal persons
The representative of a legal person can be a legal representative or an authorized representative. Great people
The representation of a legal person must comply with the provisions on representation in Chapter IX of this Part.
Article 86. Civil legal capacity of legal persons
1. The civil legal capacity of a juridical person is the ability of a juridical person to have rights and obligations
Civil. The civil legal capacity of a juridical person is not restricted, except in the case of this Code,
other relevant laws and regulations.
2. The civil legal capacity of a legal person arises from the time it is acquired by a state agency
establishment authority or permission for establishment; if the legal entity must register its operation, the
civil legal force of a legal person arising from the time of recording in the register.
3. The civil legal capacity of a juridical person terminates from the time of termination of the juridical person.
Article 87. Civil liability of legal persons
1. Legal persons must bear civil responsibility for the performance of civil rights and obligations by their representatives
established and performed in the name of a legal person.
Legal entity responsible for civil obligations due to founders or founders' representatives
establishment, implementation for the establishment and registration of a legal entity, unless otherwise agreed or by law
there are other provisions.
2. A legal person shall bear civil liability with its property; not responsible for
a person of a juridical person for civil obligations established and performed by a person of a juridical person
in the name of a legal person, unless otherwise provided for by law.
3. Persons of a legal person are not responsible for civil obligations on behalf of the legal person for civil obligations
established and performed by a juridical person, unless otherwise provided for by law.
Article 88. Consolidation of legal entities
1. Legal entities may merge into a new legal entity.
2. After consolidation, the old legal entities cease to exist from the time the new legal entities are formed
create; The civil rights and obligations of the old legal person are transferred to the new legal person.
Article 89. Merger of legal entities
1. A juridical person may be merged (hereinafter referred to as the merged juridical person) into another juridical person
another person (hereinafter referred to as the merged legal entity).
2. After the merger, the merged legal entity ceases to exist; civil rights and obligations of
the merged juridical person is transferred to the merging juridical person.
Article 90. Division of legal entities
1. A legal person can be divided into many legal entities.
2. After division, the divided legal entity ceases to exist; The civil rights and obligations of the legal person are divided
transferred to new legal entities.
Article 91. Separation of legal entities
1. A juridical person may be divided into many legal entities.
2. After separation, the separated juridical person and the separated juridical person shall exercise the civil rights and obligations of the separated juridical person
fit for the intended purpose.
Article 92. Transformation of legal entities
1. A legal person may be transformed into another legal entity.
2. After the form is converted, the converted legal entity ceases to exist from the moment of legalization
conversion agent is established; The transformed legal entity inherits the civil rights and obligations of the law
kernel is converted.
Article 93. Dissolution of legal persons
1. A legal person is dissolved in the following cases:
a) According to the provisions of the charter;
b) According to a decision of a competent state agency;
c) The operation duration stated in the charter or in the decision of the competent state agency has expired
authorization;
d) Other cases as prescribed by law.
2. Before dissolution, a legal person must fulfill all property obligations.
Article 94. Property settlement of dissolved legal entities nhân
1. The assets of the dissolved juridical person shall be paid in the following order:
a) Expenses for dissolution of the legal entity;
b) Debts of salary, severance allowance, social insurance, health insurance for employees
in accordance with the law and other rights of employees under the collective labor agreement
body and signed labor contract;
c) Tax debt and other debts.
2. After paying all the costs of dissolution of the legal entity and debts, the rest belongs to the owner
legal entity ownership, capital contributors, except for the case specified in Clause 3 of this Article or
otherwise provided by law.
3. In case the social fund or charity fund has paid off all dissolution costs and prescribed debts
in Clause 1 of this Article, the remaining assets shall be transferred to another fund with the same operating purpose.
In case there is no other fund with the same operational purpose to receive the transferred assets or the fund is
dissolved due to activities that violate the prohibition of the law, contrary to social ethics, the assets of the fund will be dissolved
belongs to the State.
Article 95. Bankruptcy of legal entities
Bankruptcy of a legal entity shall comply with the bankruptcy law.
Article 96. Termination of existence of juridical persons
1. A legal entity ceases to exist in the following cases:
a) Consolidation, merger, division, transformation, dissolution of legal entities as prescribed in Articles
88, 89, 90, 92 and 93 of this Code;
b) Being declared bankrupt in accordance with the bankruptcy law.
2. A legal entity ceases to exist from the time of deletion of its name in the legal entity register or from the date of
points are determined in the decision of the competent state agency.
3. When a juridical person ceases to exist, the property of the juridical person shall be settled according to the regulations of the Ministry
this law and other relevant laws.
Chapter V

STATE OF THE SOCIALIST REPUBLIC OF VIETNAM, AGENCY
STATE AT CENTRAL, LOCAL IN RELATIONSHIP
CIVIL
Article 97. State of the Socialist Republic of Vietnam, state agencies at the central level, in
local in civil relations
The State of the Socialist Republic of Vietnam, state agencies at the central and local levels
when participating in civil relations, they are equal with other subjects and bear civil liability according to the law
prescribed in Articles 99 and 100 of this Code.
Article 98. Representation in civil relations
Representing the State of the Socialist Republic of Vietnam, a central state agency
At the central and local levels, participation in civil relations shall comply with the provisions of the law on public functions
functions, tasks, powers and organizational apparatus of state agencies. Representation through fish
other legal persons and entities may only do so in cases and according to the order and procedures prescribed by law
rules.
Article 99. Liability for civil obligations
1. The State of the Socialist Republic of Vietnam, state agencies at the central and local levels
party is responsible for its civil obligations with the property of which it is the owner's representative
ownership and unified management, except where the property has been transferred to a juridical person in accordance with the law
specified in Clause 2 of this Article.
2. Legal entity established by the State of the Socialist Republic of Vietnam, a state agency in China
Central government, local establishment shall not be responsible for obligations arising from civil relations
of the State of the Socialist Republic of Vietnam, a state agency at the central and local levels
side.
3. The State of the Socialist Republic of Vietnam, state agencies at the central and local levels
The party is not responsible for the civil obligations of the legal entity it establishes, including:
State-owned enterprises, except in the case of the State of the Socialist Republic of Vietnam, the
The state at the central and local levels shall guarantee the civil obligations of this legal person in accordance with the provisions of law
provisions of the law.
4. Central and local state agencies are not responsible for their civil obligations
The State of the Socialist Republic of Vietnam, other state agencies at the central and local levels
method, unless otherwise provided by relevant laws.
Article 100. Liability for civil obligations of the State of the Socialist Republic of Vietnam
Nam, a state agency at the central and local levels in civil relations with one party is
State, legal entity, foreign individual
1. The State of the Socialist Republic of Vietnam, state agencies at the central and local levels
parties are responsible for the civil obligations they have established with the state, legal entities, and individuals
abroad in the following cases:
a) An international treaty to which the Socialist Republic of Vietnam is a signatory contains provisions on the
waiver of immunity;
b) The parties in the civil relationship have agreed to waive immunity;
c) The State of the Socialist Republic of Vietnam, state agencies at the central and local levels;
waiver of immunity.
2. Liability for civil obligations of the state, foreign state agencies when participating
civil relations with the State of the Socialist Republic of Vietnam, state agencies in China
Vietnamese central government, local authorities, legal entities and individuals may apply similarly to Clause 1 of this Article.
Chapter VI

HOUSEHOLDS, COOPERATIVES AND OTHER ORGANIZATIONS WITHOUT INVESTORS
HOW LEGAL PERSON IN CIVIL RELATIONSHIP
Article 101. Subjects in civil relations with the participation of households, cooperative groups or organizations
other without legal personality
1. In case households, cooperative groups or other organizations without legal status participate in the relationship
civil, members of households, cooperative groups, and other organizations without legal status are
subjects participating in the establishment and performance of civil transactions or authorizing a representative to participate
establishment and performance of civil transactions. Authorization must be made in writing, unless otherwise required
other agreement. When there is a change of representative, the party must be notified
civil know.
In case members of households, cooperative groups or other organizations do not have legal status
participating in a civil relationship not authorized by other members to act as a representative shall become a member
that member is the subject of the civil relationship established and performed by him/her.
2. The identification of subjects of civil relations with the participation of households using land can be
comply with the provisions of the Land Law.
Article 102. Common property of members of households, cooperative groups and other organizations is not available
legal status
1. Determination of common property of household members, rights and obligations to this property
determined according to the provisions of Article 212 of this Code.
2. Determination of common property of cooperative group members, rights and obligations to this property
determined according to the provisions of Article 506 of this Code.
3. Determination of common property of members of other organizations without legal status,
rights and obligations to this property shall be determined by agreement of the members, except for
otherwise provided by law.
Article 103. Civil liability of members of households, cooperative groups or other organizations
legal status
1. Civil obligations arising from the participation in civil relations of households, cooperative groups or organizations
other members without legal status are secured by the common property of the members.
2. In case members do not have or do not have enough common property to perform a common obligation
the obligee may require the members to perform their obligations under Article 288 .
of this Code.
3. Where the parties do not have an agreement, cooperation contract or the law does not provide otherwise
then the members shall bear the civil liability specified in Clauses 1 and 2 of this Article according to part
in proportion to his/her contribution of assets, if it cannot be determined according to the corresponding share, then

determined in equal parts.
Article 104. Legal consequences for civil transactions caused by members not having the right to represent
or beyond the scope of the representative to establish, perform
1. In case a member does not have the right to represent, but establishes and performs personal civil transactions
list of other members of households, cooperative groups, other organizations without legal status
or the representative establishes, performs beyond the scope of representation, the legal consequences of the transaction
shall be applied according to the provisions of Articles 130, 142 and 143 of this Code.
2. Civil transactions established and performed by a party that has no right to represent or exceeds the scope of representation
present, causing damage to other members of the household, cooperative group, or other organization without
a legal person or a third person must compensate the damage sufferer.
Chapter VII

ASSET
Article 105. Property
1. Property means objects, money, valuable papers and property rights.
2. Property includes immovable property and movable property. Real estate and movables can be existing assets
and assets formed in the future.
Article 106. Property registration
1. Ownership rights and other rights to real estate are registered in accordance with the Ministry's regulations
this law and the law on property registration.
2. Ownership rights and other rights to movable property are not required to be registered, except in legal cases
The law on property registration has other provisions.
3. Property registration must be made public.
Article 107. Real estate and movable property
1. Real estate includes:
a) Land;
b) Houses, construction works attached to land;
c) Other properties attached to land, houses and construction works;
d) Other property as prescribed by law.
2. Immovables are assets that are not real estate.
Article 108. Existing assets and assets to be formed in the future
1. Existing property means property that has been formed and whose ownership and other rights have been established
assets before or at the time of transaction.
2. Assets formed in the future include:
a) Unformed assets;
b) The property has been formed but the owner establishes the ownership of the property after the time of establishment of the transaction
Translate.
Article 109. Profits and profits
1. Yields are natural products that property brings.
2. Profit is the profit earned from the exploitation of property.
Article 110. Main and auxiliary objects
1. The main object is an independent object that can be used according to its features.
2. Auxiliary object is an object that directly serves the exploitation of the main object's utility and is a part of the main object
main object, but can be separated from the main object.
3. When performing the obligation to transfer the main object, the auxiliary object must also be transferred, unless there is a
other agreement.
Article 111. Divisible and indivisible objects
1. A divisible object is an object that, when divided, retains its original properties and usability.
2. An indivisible object is an object that, when divided, cannot retain its properties and uses
initial use.
When it is necessary to divide things that cannot be divided, they must have a monetary value to divide.
Article 112. Consumables and non-consumables
1. Consumables are objects that, after being used once, lose or fail to retain their properties and shapes
original appearance and performance.
Consumables cannot be the subject of a lease or loan agreement.
2. A non-consumable object is an object that, after being used many times, basically retains its properties and shape
original appearance and performance.
Article 113. Objects of the same type and specific objects
1. Objects of the same type are objects with the same shape, properties, usable and identifiable features
in units of measurement.
Items of the same quality are interchangeable.
2. A specific object is an object that can be distinguished from other objects by its own characteristics of symbols and images
shape, color, material, properties, location.
When performing the obligation to hand over a particular object, the correct object must be delivered.
Article 114. Synchronized objects
A synchronized object is an object consisting of parts or parts that fit together and are related to each other to form a whole
which if one of the parts or parts is missing or has an improper part or part,
type is unusable or its use value is reduced.
When performing the obligation to deliver the synchronous object, all parts or parts must be transferred
constituent parts, unless otherwise agreed.
Article 115. Property rights
Property rights are rights valued in money, including property rights over the subject matter of property rights
intellectual property, land use rights and other property rights.
Chapter VIII

CIVIL TRANSACTIONS
Article 116. Civil transactions
A civil transaction is a contract or unilateral legal act that gives rise to, changes or terminates
terminate civil rights and obligations.
Article 117. Validity conditions of civil transactions
1. A civil transaction takes effect when the following conditions are fully satisfied:
a) The subject has civil legal capacity, civil act capacity suitable for civil transactions
established;
b) Entities participating in civil transactions completely voluntarily;
c) The purpose and content of the civil transaction does not violate the prohibition of the law and is not unethical
society.
2. The form of a civil transaction is an effective condition of a civil transaction in the case of
provided by law.
Article 118. Purpose of civil transactions
The purpose of a civil transaction is the benefit that the subject wishes to achieve when establishing that transaction.
Article 119. Forms of civil transactions
1. Civil transactions are expressed verbally, in writing or by specific acts.
Civil transactions through electronic means in the form of data messages according to regulations
of the law on electronic transactions is considered a written transaction.
2. Where the law stipulates that civil transactions must be expressed in notarized documents,
authentication and registration must comply with such regulations.
Article 120. Conditional civil transactions
1. Where the parties have agreed on the conditions for arising or canceling the civil transaction, when
such condition occurs, the civil transaction arises or is cancelled.
2. Where the conditions giving rise to or canceling a civil transaction cannot happen due to
the intentional act of obstructing directly or indirectly by a party shall be deemed to have occurred; school
In the event that there is a direct or indirect influence of a party intentionally promoting the condition to occur, it shall be considered
such condition does not occur.
Article 121. Interpretation of civil transactions
1. Civil transactions with unclear or difficult to understand contents are understood in many different meanings and
other than those specified in Clause 2 of this Article, the interpretation of such civil transactions shall be carried out
in the following order:
a) According to the true will of the parties when establishing the transaction;
b) In a sense suitable for the purpose of the transaction;
c) According to the custom where the transaction is established.
2. The interpretation of the contract shall comply with the provisions of Article 404 of this Code; solving
The approval of the content of the will shall comply with the provisions of Article 648 of this Code.
Article 122. Invalid civil transactions
A civil transaction that does not meet one of the conditions specified in Article 117 of this Code shall be
void, unless otherwise provided for by this Code.
Article 123. Civil transactions are invalid due to violation of the prohibition of the law and against social ethics
Civil transactions with purposes and contents in violation of the prohibitions of the law or against social ethics shall be void.
Prohibited laws are provisions of the law that do not allow subjects to perform acts
certain.
Social ethics are common standards of behavior in social life, inherited by the community
accept and respect.
Article 124. Invalid civil transactions due to forgery
1. When the parties enter into a civil transaction artificially in order to conceal another civil transaction
then a fake civil transaction is invalid, while a concealed civil transaction is still valid, except
such transaction is also invalid under the provisions of this Code or other relevant laws.
2. In case a fake civil transaction is established in order to evade obligations towards a third party,
that civil service is invalid.
Article 125. Civil transactions invalidated due to minors or incapacitated persons
civil, people with difficulties in cognition, behavior control, people with limited capacity
civil acts of establishing and performing
1. When a civil transaction is performed by a minor, a person who has lost his/her civil act capacity, or a person who has
difficulties in perception, behavior control or people with limited civil act capacity establish,
performed, then at the request of the representative of that person, the Court declares that transaction invalid
if according to the law, this transaction must be established and performed by their representative
or agree, except for the case specified in Clause 2 of this Article.
2. Civil transactions of the person specified in Clause 1 of this Article shall not be invalidated in the following cases:
The following:
a) Civil transactions of persons under six years of age or persons who have lost their civil act capacity in order to meet
meet the person's daily necessities;
b) A civil transaction only gives rise to rights or only relieves the obligations of the minor
young people, people who have lost their civil act capacity, people with difficulties in cognition and behavior control,
a person with restricted civil act capacity with a person who has established and/or performed transactions with them;
c) A civil transaction is recognized by the person establishing the transaction to take effect after becoming an adult or
after the restoration of civil act capacity.
Article 126. Invalid civil transactions due to confusion
1. In case a civil transaction is entered into by mistake, causing one party or parties to make a mistake
If the purpose of the transaction is not achieved, the mistaken party has the right to request the Court
declare a civil transaction invalid, except for the case specified in Clause 2 of this Article.
2. A civil transaction established by mistake is not invalid in case the purpose is determined
civil transactions of the parties have been reached or the parties can immediately remedy the mistake
and make the purpose of establishing civil transactions still achieved.
Article 127. Invalidation of civil transactions due to deception, intimidation or coercion
When a party participates in a civil transaction due to being deceived or threatened or coerced, it has the right to request
The court declared the civil transaction null and void.
Deception in a civil transaction is an intentional act of a party or a third party in order to make
The other party misunderstands the subject, nature of the object or the content of the civil transaction
the transaction has been established.
Threats, coercion in civil transactions are intentional acts of a party or a third person to make
the other party is forced to perform a civil transaction in order to avoid loss of life, health, reputation
honor, prestige, dignity, property, or that of one's relatives.
Article 128. Civil transactions are invalid because the originator is not aware and can't control it
his behavior
The person who has civil act capacity but has established the transaction at the right time is not aware
and control their actions, they have the right to request the Court to declare that civil transaction is invalid
brand.
Article 129. Invalid civil transactions due to failure to comply with regulations on form
A civil transaction that violates regulations on formal validity conditions shall be invalid, except in the following cases:
The following:
1. Civil transactions that have been established according to regulations must be in writing, but the documents are not correct
provision of law by which one or the other parties have performed at least two-thirds of their obligations in the contract
translation, at the request of one party or parties, the Court shall issue a decision to recognize the validity of the contract
translate that.
2. The civil transaction has been established in writing but violates compulsory regulations on publicity
evidence, certification that one party or parties have performed at least two-thirds of the obligations in the contract
translation, at the request of one party or parties, the Court shall issue a decision to recognize the validity of the contract
translate that. In this case, the parties are not required to perform the notarization or authentication.
Article 130. Partially invalidated civil transactions
A civil transaction is partially invalidated when part of the content of a civil transaction is invalid but
does not affect the validity of the remainder of the transaction.
Article 131. Legal consequences of invalid civil transactions
1. An invalid civil transaction does not give rise to, change or terminate the civil rights and obligations of
parties from the time the transaction is established.
2. When a civil transaction is invalidated, the parties shall restore the original state and refund each other
what was received.
In case it is not possible to return in kind, the money value for refund will be
3. The righteous party in the collection of yields and profits is not required to return such yields and profits.
4. The party at fault causing damage must compensate.
5. The settlement of consequences of invalid civil transactions related to moral rights shall be regulated by the Code
this, other relevant laws.
Article 132. Statute of limitations for requesting the Court to declare a civil transaction invalid
1. The statute of limitations for requesting the court to declare a civil transaction invalid is specified in Articles 125, 126, 127,
128 and 129 of this Code are 02 years from the date:
a) Representatives of minors, persons who have lost their civil act capacity, persons with disabilities;
difficulties in perception, behavior control, people with limited civil act capacity know or must
know the representative to establish and perform transactions by himself;
b) The person who is mistaken or deceived knows or ought to know that the transaction was established by mistake,
lie;
c) Persons committing acts of threatening or coercive termination of acts of intimidation or coercion;
d) Persons who are not aware of and control their behavior establish transactions;
dd) A civil transaction is established in case the civil transaction does not comply with regulations on
form.
2. The statute of limitations specified in Clause 1 of this Article has expired without a request to declare a civil transaction invalid
valid, the civil transaction takes effect.
3. For civil transactions specified in Articles 123 and Article 124 of this Code, the statute of limitations for requesting
The court declared the civil transaction invalid and unrestricted.
Article 133. Protection of interests of bona fide third parties when civil transactions are invalidated
1. In case a civil transaction is invalid but the object of the transaction is a property that is not required to be registered
signed has been transferred to a bona fide third party, the transaction is established and executed with
third party shall remain in effect, except for the case specified in Article 167 of this Code.
2. In case a civil transaction is invalid but the property has been registered at a competent state agency
authority, which is then transferred by another civil transaction to a bona fide third party
and this person, based on that registration, establishes and performs a transaction, that transaction will not be canceled
void.
If the property is subject to registration but has not been registered at a competent state agency,
Civil transactions with a third party are invalidated, unless the third party in good faith receives the funds
this property through an auction at an authorized organization or a transaction with a person who, according to the
judgment or decision of a competent state agency who is the owner of the property, but then the subject
This person is not the owner of the property because the judgment or decision is canceled or corrected.
3. The owner has no right to reclaim the property from a bona fide third party, if the civil transaction with
this person is not invalidated according to the provisions of Clause 2 of this Article but has the right to initiate a lawsuit or request
The subject who is at fault leading to the transaction being established with a third party must pay the costs
reasonable and compensation for damage.
Chapter IX

REPRESENT
Article 134. Representative
1. Representation means an individual or legal entity (hereinafter referred to as a representative) in the name and for the benefit
interests of another individual or legal entity (hereinafter referred to as the represented person) to establish, perform
present civil transactions.
2. Individuals and legal entities may establish and perform civil transactions through their representatives. Fish
Individuals may not allow others to represent them if the law requires them to identify themselves
make and execute that transaction.
3. If so provided by law, the representative must have civil legal capacity
civil acts consistent with civil transactions established and performed.
Article 135. Grounds for establishment of representation rights
The right of representation is established by authorization between the principal and the representative (hereinafter:
called authorized representative); according to the decision of the competent state agency, according to the charter
legal entity or as prescribed by law (hereinafter collectively referred to as legal representative).
Article 136. Legal representation of individuals
1. Parents, towards their minor children.
2. Guardian for the ward. Guardian of a person with difficulty in receiving
knowledge and behavior control is the legal representative if appointed by the Court.
3. The person appointed by the Court in case the representative specified in cannot be identified
Clauses 1 and 2 of this Article.
4. Persons appointed by the Court for persons with restricted civil act capacity.
Article 137. Legal representation of legal persons
1. The legal representative of a legal person includes:
a) The person appointed by the legal entity according to the charter;
b) Persons authorized to represent as prescribed by law;
c) Persons appointed by the Court during the court proceedings.
2. A legal person can have many legal representatives and each representative has the right to represent
represent a legal entity as prescribed in Articles 140 and 141 of this Code.
Article 138. Authorized representation
1. An individual or legal entity may authorize another individual or legal entity to establish and perform transactions
Civil.
2. Members of households, cooperative groups, and other organizations without legal status may agree
nominate another individual or legal entity to represent, as authorized, to establish and perform inter-related civil transactions
relating to the common property of members of households, cooperative groups, and other organizations without status
legal.
3. Persons between full fifteen years of age and under eighteen years of age may be authorized representatives,
except where the law stipulates that civil transactions must be confirmed by a person aged full eighteen years or older
set up, implement.
Article 139. Legal consequences of acts of representation
1. Civil transactions established and performed by the representative with a third party in accordance with the scope of the representative
representation gives rise to rights and obligations towards the represented person.
2. The representative has the right to establish and perform necessary acts to achieve the purpose of the representation
face.
3. Where the representative knows or should know that the establishment of the act of representation is due to a mistake,
deceived, threatened or coerced but still establishes and performs acts, it does not give rise to rights,
obligations towards the principal, unless the principal knows or ought to know about
this without objection.
Article 140. Term of representation
1. The term of representation is determined according to the power of attorney, according to the decision of the competent authority
rights, according to the charter of the legal person or as prescribed by law.
2. In case the time limit for representation cannot be determined as prescribed in Clause 1 of this Article, the time limit for
The term of representation is determined as follows:
a) If the right of representation is determined according to a specific civil transaction, the term of representation shall be calculated
up to the time of termination of that civil transaction;
b) If the right of representation is not determined with a specific civil transaction, the time limit for representation is 01
years from the date of arising of the representation.
3. An authorized representative shall terminate in the following cases:
a) As agreed;
b) The authorization period has expired;
c) The authorized work has been completed;
d) The principal or the representative unilaterally terminates the authorization;
dd) The person being represented, the representative being an individual dies; the person being represented, the representative is
juridical person ceases to exist;
e) The representative no longer fully meets the conditions specified in Clause 3, Article 134 of this Code;
g) Other grounds make the representation impossible.
4. The legal representation shall terminate in the following cases:
a) The represented person is an individual who has reached adulthood or has his/her civil act capacity restored;
b) The person represented as an individual dies;
c) The person represented as a legal entity ceases to exist;
d) Other grounds as prescribed by this Code or other relevant laws.
Article 141. Scope of representation
1. The representative may only establish and perform civil transactions within the scope of representation on the basis of
The following:
a) A decision of a competent authority;
b) The charter of the legal person;
c) Contents of authorization;
d) Other provisions of law.
2. In case the scope of representation cannot be determined as prescribed in Clause 1 of this Article, then Điều
the legal representative has the right to establish and perform all civil transactions for the benefit of the person
be represented, unless otherwise provided for by law.
3. An individual or legal entity may represent many different individuals or legal entities but
must not act on behalf of the represented person to establish and perform civil transactions with himself
or with a third party of which he is also his representative, unless otherwise provided by law
other rule.
4. The representative must notify the transaction party about the scope of his/her representation.
Article 142. Consequences of civil transactions established and performed by an unauthorized person
show
1. Civil transactions established and performed by an unauthorized person do not give rise to
rights and obligations towards the represented person, except in one of the following cases:
a) The representative has recognized the transaction;
b) The agent knows without objection within a reasonable time;
c) The represented person is at fault leading to the fact that the person who transacted does not know or cannot know about
the fact that the person who has established and performed civil transactions with him or her has no right to represent.
2. In case a civil transaction is established or performed by an unauthorized person,
When rights and obligations arise with respect to the represented person, the person who does not have the right to represent must still
perform obligations towards the person who has transacted with him, unless the transaction person knows
or have to know about not having the right to represent and still transact.
3. The person who has transacted with the person without the right to represent has the right to unilaterally terminate the performance
perform or cancel established civil transactions and claim compensation for damage, except
the person knows or ought to know about the non-representation of the transaction or case
specified at Point a, Clause 1 of this Article.
4. In case the person who does not have the right to represent and the person who made the transaction intentionally establishes and performs the transaction,
In a civil service that causes damage to the represented person, he/she shall be jointly liable for compensation
damages.
Article 143. Consequences of civil transactions established and performed by the representative exceed the scope
micro representative
1. Civil transactions established and performed by the representative beyond the scope of the representative do not generate transactions
rights and obligations of the representative for the part of the transaction performed in excess of
representative scope, except in one of the following cases:
a) The representative agrees;
b) The agent knows without objection within a reasonable time;
c) The represented person is at fault leading to the fact that the person who transacted does not know or cannot know about
the fact that a person has established and performed civil transactions with him/her beyond the scope of representation.
2. In case a civil transaction established or performed by a representative exceeds the scope of representation
does not give rise to the rights and obligations of the representative with respect to the established transaction,
performed beyond the scope of representation, the representative must perform obligations towards the person who has
transaction with me on the part of the transaction that is beyond the scope of representation, unless the person who has done the transaction
knew or ought to have known about going beyond the scope of representation and still transacting.
3. The person who has transacted with the representative has the right to unilaterally terminate the performance or cancel
civil transaction for the part beyond the scope of representation or the entire civil transaction and claim
indemnify, except where the person knew or ought to have known of the overreach
but still transact or in the case specified at Point a, Clause 1 of this Article.
4. In case the representative and the person transacting with the representative intentionally establish and perform the transaction,
If a civil service provider exceeds the scope of representation and causes damage to the represented person, he/she shall be liable
joint liability for damages.
Chapter X

TERMS AND TERMS
Section 1. DURATION
Article 144. Time limit
1. Term is a defined period of time from one time to another.
2. Duration can be defined in minutes, hours, days, weeks, months, years or by an event that has
might happen.
Article 145. Application of time limit calculation
1. The method of calculating the time limit shall be applied in accordance with the provisions of this Code, unless otherwise agreed
or otherwise provided by law.
2. The time limit is calculated according to the solar calendar, unless otherwise agreed.
Article 146. Regulations on time limits and time limit calculation
1. Where the parties agree on a term of one year, half a year, one month, half a month, one
week, a day, an hour, a minute, if the time period is not consecutive, that time limit
is calculated as follows:
a) A year is three hundred and sixty-five days;
b) Half a year is six months;
c) One month is thirty days;
d) Half a month is fifteen days;
dd) One week is seven days;
e) A day is twenty-four hours;
g) One hour is sixty minutes;
h) One minute is sixty seconds.
2. In case the parties agree on the beginning of the month, the middle of the month and the end of the month, then that time
is specified as follows:
a) The beginning of the month is the first day of the month;
b) The middle of the month is the fifteenth day of the month;
c) The end of the month is the last day of the month.
3. In case the parties agree on the beginning of the year, the middle of the year and the end of the year, then that time
is specified as follows:
a) The beginning of the year is the first day of January;
b) Mid-year is the last day of June;
c) Year-end is the last day of December.
Article 147. Time of commencement of time limit
1. When the time limit is determined in minutes or hours, the time limit starts from the specified time.
2. When the time limit is determined by day, week, month or year, the first day of the time limit is not
calculated from the next day following the specified date.
3. When the time limit begins with an event, the date of occurrence of the event is not counted from the date
the next consecutive day of the event.
Article 148. Expiration of time limit
1. When the time limit is in days, the time limit ends at the end of the last day of the time limit
term.
2. When the time limit is in weeks, the time limit ends at the end of the corresponding day of the week
the end of the term.
3. When the time limit is in months, the time limit ends at the end of the respective day of the
the last month of the term; If the month ending the period does not have a corresponding date, the time limit
ends on the last day of that month.
4. When the time limit is in years, the time limit ends at the end of the corresponding day or month
of the last year of the term.
5. When the last day of the time limit is a weekend or public holiday, the time limit ends at
the end of the working day following that holiday.
6. The end of the last day of the time limit shall be at twenty-four hours of that day.
Section 2. TIMELINES
Article 149. Statute of limitations
1. Statute of limitations is a time limit prescribed by law, upon the end of which, legal consequences arise
subject to the conditions prescribed by law.
The statute of limitations shall be applied in accordance with this Code and other relevant laws.
2. The court shall only apply the statute of limitations upon the request of a party or parties to apply the statute of limitations
parties, provided that this request must be made before the first instance Court issues a judgment or ruling
decide to solve the case.
The person who benefits from the application of the statute of limitations has the right to refuse the application of the statute of limitations, unless
where such refusal is for the purpose of evading the performance of an obligation.
Article 150. Types of statute of limitations
1. The statute of limitations for enjoying civil rights is the time limit upon which the subject is entitled to enjoy
civil rights.
2. The statute of limitations for civil obligation exemption is a time limit after which the obligor
Civilians are exempt from the performance of obligations.
3. The statute of limitations for initiating a lawsuit is the time limit within which the subject is entitled to initiate a lawsuit to request the Court to settle
civil cases protecting legitimate rights and interests are infringed; If that time limit ends, it will be lost
right to sue.
4. The statute of limitations for requesting the settlement of a civil matter is the time limit within which the subject is entitled to request the Court to resolve
decide civil matters to protect the legitimate rights and interests of individuals, legal entities, national interests,
ethnicity, public interest; if such time limit expires, the right to claim is lost.
Article 151. Method of calculating the statute of limitations
The statute of limitations is calculated from the beginning of the first day of the statute of limitations and ends at the time of termination
the last day of the statute of limitations.
Article 152. Effect of statute of limitations for enjoyment of civil rights and immunity from civil obligations
Where the law provides for subjects to enjoy civil rights or to be exempted
a civil obligation under a statute of limitations, only after that statute of limitations expires, shall the enjoyment of civil rights or
new civil obligation exemption takes effect.
Article 153. Continuity of statute of limitations for enjoyment of civil rights and immunity from civil obligations
1. The statute of limitations for enjoyment of civil rights and immunity from civil obligations is continuous from the beginning to the end
at the end; If there is an event that interrupts, the statute of limitations must be recalculated from the beginning, after the event
interrupt termination.
2. The statute of limitations for enjoyment of civil rights or immunity from civil obligations is interrupted when one of the following events occurs
the following case:
a) There is a settlement by a legally effective decision of a competent state agency;
rights to civil rights and obligations for which the statute of limitations is being applied;
b) Civil rights and obligations under which the statute of limitations is being applied but are denied by the person with related rights and obligations
dispute and has been settled by a legally effective judgment or decision of the Court.
3. The statute of limitations is also counted continuously in the case of enjoyment of civil rights and immunity from obligations
civil is legally transferred to another person.
Article 154. Beginning of statute of limitations for initiating civil lawsuits, statute of limitations for requesting the resolution of civil matters dân
1. The statute of limitations for initiating a civil lawsuit is counted from the date the person with the right to claim knows or ought to know
their legitimate rights and interests are infringed, unless otherwise provided for by law.
2. The statute of limitations for requesting the resolution of a civil matter shall be counted from the date of arising of the right to claim, except for the following cases:
otherwise provided by law.
Article 155. No statute of limitations for initiating lawsuits
The statute of limitations does not apply in the following cases:
1. Request for protection of personal rights not attached to property.
2. Request for protection of property rights, unless otherwise provided for by this Code or other relevant laws.
3. Disputes over land use rights in accordance with the Land Law.
4. Other cases prescribed by law.
Article 156. Time is not included in the statute of limitations for initiating a civil lawsuit or for requesting resolution
civil matters
Time is not included in the statute of limitations for initiating a civil lawsuit, the statute of limitations for requesting the settlement of civil matters
is the time period when one of the following events occurs:
1. Force majeure events or objective obstacles make the subject have the right to sue, the right to claim
The request cannot initiate a lawsuit, the request is within the statute of limitations.
A force majeure event is an event that occurs objectively and unforeseeable
cannot be remedied despite all necessary measures and possibilities.
Objective obstacles are obstacles caused by objective circumstances that make people
civil rights and obligations cannot know that their lawful rights and interests have been infringed, or
unable to perform their civil rights and obligations;
2. There is no representative in case the person having the right to sue, the person having the right to claim is
minors, who have lost their civil act capacity, have difficulties in cognition and behavior control
vi or limited capacity for civil acts;
3. Minors, people who have lost their civil act capacity, and people with difficulties in receiving
knowledge, behavior control, a person with limited civil act capacity who has not yet had another representative
so in the following case:
a) The representative dies if he is an individual, ceases to exist if he is a legal entity;
b) The representative cannot continue to represent for a good reason.
Article 157. Restarting the statute of limitations for initiating a civil lawsuit
1. The statute of limitations for initiating a civil lawsuit begins again in the following cases:
a) The obligor has assumed all or part of its obligation to the originator;
to sue;
b) The obligor acknowledges or partially fulfills its obligations towards the originator
to sue;
c) The parties have reconciled themselves with each other.
2. The statute of limitations for initiating a civil lawsuit begins again from the day following the date of occurrence of the specified event
specified in Clause 1 of this Article.
The second part

PROPERTY AND OTHER RIGHTS TO PROPERTY
Chapter XI

GENERAL RULES
Section 1. PRINCIPLES FOR ESTABLISHMENT AND IMPLEMENTATION OF PROPERTY RIGHTS and OTHER RIGHTS TO RESOURCES
PRODUCTS
Article 158. Ownership rights
Ownership includes the right to possess, use and dispose of the property of the owner
owned in accordance with the law.
Article 159. Other property rights

1. Other property-related rights are the rights of the subject who directly holds and controls the property under his/her right
owned by another entity.
2. Other property rights include:
a) Right to adjoining immovable property;
b) The usufruct right;
c) Surface rights.
Page 3

Article 160. Principles of establishment and exercise of ownership rights and other rights to property
1. Ownership rights and other property rights shall be established and exercised in the case of this Code,
provided by other relevant laws.
Other rights to the property remain in effect in the event that title is transferred, except
otherwise provided for by this Code or other relevant laws.
2. The owner is entitled to perform all acts of his own will with respect to the property but must not
contrary to the provisions of the law, causing damage or affecting the interests of the nation, the people, the interests of the nation
public, the legitimate rights and interests of others.
3. Other property rights holders may perform all acts within the scope of their rights
provided for in this Code and other relevant laws, but must not cause damage or affect
affecting the national interests, the people, the public interest, the lawful rights and interests of the owner
property or of another.
Article 161. Time of establishing ownership rights and other property-related rights quyền
1. The time of establishing ownership rights and other property-related rights shall comply with the provisions of the Code
this, other relevant law; If there is no provision by law, the agreement of the
the parties; If the law does not provide for it and the parties do not reach an agreement, the time of establishment
ownership, other rights to the property is the time when the property is transferred.
The time when the property is transferred is the time when the obligee or the legal representative of the
they own property.
2. If the property has not yet been transferred but yields and profits arise, the yields and profits shall belong to the
to the party having the property transferred, unless otherwise agreed.
Article 162. Bearing property risks
1. The owner must bear the risk of the property under his/her ownership, unless otherwise agreed
or this Code or other relevant laws provide otherwise.
2. The holders of other property rights must bear the risks of the property within the scope of their rights,
unless otherwise agreed with the property owner or this Code or other relevant law
other rule.
Section 2. PROTECTION OF PROPERTY RIGHTS, OTHER RIGHTS TO PROPERTY
Article 163. Protection of ownership rights and other property-related rights
1. No one may be unlawfully restricted or deprived of property rights or other rights to property.
2. In case it is absolutely necessary for reasons of national defense and security or in the national interest, a state of emergency
provision and prevention of natural disasters, the State expropriates or requisitions with compensation the assets of the organization
organizations and individuals at market prices.
Article 164. Measures to protect ownership and other property rights
1. Owners and other property rights holders have the right to protect themselves and prevent any person
any act that infringes on their rights by means not contrary to the provisions of law
the law.
2. Owners and other property-related rights holders have the right to request courts or state agencies
having other authority to force the person infringing the right to return the property, stop the act
unlawfully obstructing the exercise of ownership rights and other property rights and claiming compensation
usually damage.
Article 165. Possession with legal grounds
1. Possession with a legal basis is the possession of property in the following cases:
a) The owner takes possession of the property;
b) The person authorized by the owner to manage the property;
c) The person to whom the right of possession is transferred through a civil transaction in accordance with regulations
under the law;
d) Persons who discover and keep derelict property, unidentifiable property, stolen property;
dropped, neglected, buried, hidden, buried, sunk in accordance with the conditions prescribed by
This Code and other relevant laws;
dd) Persons who detect and keep lost livestock, poultry and aquatic animals in accordance with the conditions
in accordance with the provisions of this Code and other relevant laws;
e) Other cases prescribed by law.
2. Possession of property not in accordance with the provisions of Clause 1 of this Article is possession without
legal basis.
Article 166. Right to reclaim property
1. Owners or holders of other rights to property have the right to reclaim the property from the possessor,
property users, those who benefit from property without a legal basis.
2. The owner has no right to reclaim the property from the possession of the subject who has other rights to the property
with that property.
Article 167. Right to reclaim movable property without registration of ownership from the possessor
love
The owner has the right to reclaim the movable property without having to register the ownership right from the possessor immediately
in the event that the bona fide possessor obtains this movable property through a contract
no compensation for those who do not have the right to dispose of property; This contract is valid
contract with compensation, the owner has the right to recover the movable property if the movable property is stolen, lost or
other cases of being possessed without the will of the owner.
Article 168. Right to reclaim movable property subject to registration of ownership or immovable property from a person
possessive right away
The owner who is entitled to claim the movable property must register the title or immovable property from the occupier
in good faith, except for the case specified in Clause 2, Article 133 of this Code.
Article 169. Right to request cessation of acts of unlawfully obstructing the performance
ownership, other rights to property
When exercising ownership or other rights to property, the subject has the right to request the obligee to
The act of unlawfully obstructing must stop such act or have the right to request a court or a state agency to
another competent state to force the person to stop the violation.
Article 170. Right to claim compensation
Owners and other rights holders of property have the right to demand the infringing person
ownership rights, other rights to property, compensation for damage.
Section 3. LIMITATIONS OF OWNERSHIP AND OTHER RIGHTS TO PROPERTY
Article 171. Rights and obligations of owners and other holders of property-related rights
in the event of an emergency
1. An urgent situation is a person's situation because he wants to avoid a danger that is actually threatening directly
public interests, their own legitimate rights and interests or those of others without any other means
the other is to take action that causes less damage than the damage to be prevented.
2. In an urgent situation, the owner or the holder of other rights to the property must not obstruct
other people use their property or prevent others from causing damage to that property in order to prevent để
prevent, reduce the hazard or greater damage is likely to occur.
3. Causing damage in an urgent situation is not an act of infringing upon property rights or other rights
for property. Owners, other rights holders to damaged property in the situation of granting
equipment shall be compensated for damage according to the provisions of Article 595 of this Code.
Article 172. Obligations to protect the environment
When exercising ownership rights and other rights to property, the subject must comply with the provisions of this Law
legislation on environmental protection; If you pollute the environment, you must stop causing pollution
infection, take measures to remedy the consequences and compensate for damage.
Article 173. Obligation to respect and ensure social order and safety
When exercising ownership rights and other rights to property, the subject must respect and ensure order.
social safety, not to abuse the right to cause disorder and social safety, to cause damage to the interests of the society
national, ethnic, public interests, legitimate rights and interests of others.
Article 174. Obligation to respect construction rules
When building works, owners and other rights-holders must comply with the law
construction law, ensure safety, do not build above the height and distance prescribed by law
regulations and must not infringe upon the lawful rights and interests of the owner,
other holders of property rights which are adjacent and surrounding immovables.
Article 175. Boundaries between real estates
1. The boundary between adjacent properties is determined by agreement or by decision of
competent state agency.
Boundaries can also be defined by custom or by boundaries that have existed for 30 years or more
without dispute.
Do not encroach, occupy or change the boundary markers, even if the boundary is a canal, ditch,
trenches, trenches, and fields. All subjects have the obligation to respect and maintain common boundaries.
2. Land users are allowed to use space and the ground vertically from the boundary of
the land plot is in accordance with the provisions of the law and must not affect the use of the land
other people.
Land users are only allowed to plant trees and do other things within the premises of the land under their right of use
its use and within defined boundaries; If the tree's roots and branches cross the boundary, then
must trim the roots, cut or trim the excess, unless otherwise agreed.
Article 176. Boundaries separating real estates
1. Real estate owners are only allowed to erect landmarks, fences, plant trees, and build walls on top
part of the land under its right to use.
2. Owners of adjacent real estate may agree with each other on the erection of landmarks, rows
fence, plant trees, build walls on the boundary to serve as a boundary between real estates;
These landmarks are the common property of those subjects.
In case the boundary marker is created by only one party on the boundary and is owned by any
If the adjoining movable property agrees, the boundary line separating that property is jointly owned, and the construction costs are borne by the other party
create bear, unless otherwise agreed; if the owner of the adjoining property does not agree
If there is a good reason, the owner has erected landmarks, fences, planted trees, built walls
must be removed.
3. For a boundary marker that is a wall of a common house, the owner of adjacent real estate must not make any windows or holes
Ventilate or perforate walls to place building structures, unless authorized by the property owner
adjacent agreed.
In case the house is built separately but the walls are adjacent to each other, the owner can only chisel
wall, place the building structure to its wall separation limit.
For trees as common landmarks, all parties have the obligation to protect; the yield obtained from the divided tree
equally, unless otherwise agreed.
Article 177. Safety assurance in case trees and works are at risk of causing damage
1. In case trees, construction works are in danger of collapsing on adjacent and surrounding real estate
around, the property owner takes immediate remedial measures, cutting down trees, repairing or dismantling
abandon such construction at the request of the owner of adjacent and surrounding property, or
at the request of a competent state agency; if not voluntarily, the owner
Adjacent and surrounding real estate owners have the right to request competent state agencies to
Tree cutting, demolition. Expenses for tree cutting and demolition shall be borne by the owners of the trees and construction works.
2. When digging wells, digging ponds or constructing underground works, the work owners must dig,
building a distance from the landmark as prescribed by the law on construction.
When constructing sanitation facilities, storage facilities for hazardous substances and other facilities where the use of
If the property is likely to cause environmental pollution, the owner of such property must build a distance away from the landmark
manner and in a reasonable location, must ensure hygiene, safety and do not affect the owner of any
other real estate.
3. In case of causing damage to the owner of adjacent and surrounding real estate specified in Clause
1 and 2 of this Article, the owner of trees and works must compensate.
Article 178. Opening the door to look at adjacent real estate
1. The owner of the house may only display the door, the window facing the house next door, the house opposite and diện
common roads according to the provisions of the law on construction.
2. The underside of the roof over the door, the underside of the window awning facing the common road must be separated
the ground is 2.5 meters or more.
Chapter XII

POSSESSION
Article 179. Concept of possession chiếm
1. Possession means the subject holding and controlling property directly or indirectly like the owner
may have rights to the property.
2. Possession includes possession by the owner and possession by a person who is not the owner
possess.
The possession of a person other than the owner cannot be a basis for establishing ownership,
except for the cases specified in Articles 228, 229, 230, 231, 232, 233 and 236 of this Code.
Article 180. Possession in good faith
Righteous possession is possession in which the possessor has grounds to believe that he has the right
for property in possession.
Article 181. Unrighteous possession
Unscrupulous possession is possession that the possessor knows or ought to know
has no right to the property in possession.
Article 182. Continuous possession
1. Continuous possession is possession that is made over a period of time without
dispute over rights to that property, or there is a dispute that has not been resolved by a
legally effective judgments or decisions of a court or other competent state agency,
even when the property is handed over to someone else to possess.
2. Intermittent possession shall not be regarded as grounds for presumption of the status and rights of
possessor specified in Article 184 of this Code.
Article 183. Public possession
1. Public possession means possession made in a transparent manner, without concealment;
Possessed property is used according to its functions and uses and is protected by the possessor
manage and preserve as their own property.
2. Non-public possession shall not be regarded as grounds for presumption of status and rights
of the possessor specified in Article 184 of this Code.
Article 184. Speculation on the status and rights of the possessor chiếm
1. The possessor is presumed to be in good faith; who thinks that the possessor is not right?
love must be proved.
2. In case of a dispute over property rights, the possessor is presumed to be a person
have that right. The person who has a dispute with the possessor must prove that the possessor
no right.
3. The rightful, continuous and public possessor may apply the statute of limitations for enjoying the right and be entitled to
enjoy the yields and profits brought by the property in accordance with this Code and other relevant laws.
Article 185. Protection of possession
In case the possession is infringed by another person, the possessor has the right to request
the infringer must stop the act, restore it to its original condition, return the property and
pay compensation for damage or request a court or other competent state agency to force that person người
termination of conduct, restoration to original condition, return of property and compensation for damage.
Chapter XIII

OWNERSHIP
Section 1. PROPERTY RIGHTS CONTENT
Subsection 1. OWNERSHIP
Article 186. Owner's right of possession
The owner is entitled to perform all acts according to his will to hold and control his property
but not against the law, social ethics.
Article 187. Possession rights of the person authorized by the owner to manage the property
1. The person authorized by the owner to manage the property takes possession of that property in the
scope, in a manner, for a period determined by the owner.
2. The person authorized by the owner to manage the property cannot become the owner of the property
assigned according to the provisions of Article 236 of this Code.
Article 188. Right of possession of the person to whom the property is assigned through civil transactions
1. When the owner hands over the property to another person through a civil transaction but the content does not include:
including the transfer of ownership, the person assigned to the property must take possession of the property
that is consistent with the purpose and content of the transaction.
2. The person to whom the property is assigned has the right to use the assigned property, to transfer the right to possess,
use the property for another person with the consent of the owner.
3. The person to whom the property is assigned cannot become the owner of the assigned property according to regulations
in Article 236 of this Code.
Subsection 2. USE RIGHTS
Article 189. Right to use
The right to use means the right to exploit the utility, enjoy the benefits and profits from the property.
The right to use may be transferred to another person by agreement or by the provisions of
law.
Article 190. Owner's right to use
The owner is allowed to use the property according to his will but must not cause damage or damage
affecting the national interests, the nation, the public interest, the lawful rights and interests of the people
other.
Article 191. Use rights of non-owners
A person who is not an owner may use the property according to an agreement with the owner or under the
provisions of law.
Subsection 3. RIGHT TO DECIDE
Article 192. Right of disposition
The right of disposition is the right to transfer ownership of property, to renounce ownership, to consume or
property destruction.
Article 193. Conditions for exercising the right to dispose
The disposition of property must be performed by a person with civil act capacity not contrary to the provisions of law
law.
If the law prescribes the order and procedures for property disposition, the order and procedures must be followed
that custom.
Article 194. Right of disposition of the owner
The owner has the right to sell, exchange, give, lend, inherit, give up ownership, consume,
destroy or make other forms of disposition in accordance with the provisions of law on assets
produce.
Article 195. Disposal rights of non-owners
A person who is not a property owner has the right to dispose of the property only as authorized by the owner
property or as required by law.
Article 196. Limitation of the right to dispose
1. The right of disposition is limited only in cases prescribed by law.
2. When the property to be sold is a property belonging to a historical-cultural relic in accordance with the Law on Cultural Heritage
goods, the State has the right of priority to buy.
In case an individual or legal entity has the right of priority to purchase certain assets under the provisions of this Law
According to the law, when selling property, the owner must give the right of priority to such subjects.
Section 2. FORMS OF OWNERSHIP
Subsection 1. PEOPLE'S OWNERSHIP
Article 197. Property under the ownership of the entire people
Land, water resources, mineral resources, resources in the sea, airspace, natural resources
Other natural resources and properties invested and managed by the State are public property owned by the entire people
The State represents the owner and uniformly manages.
Article 198. Exercising the owner's rights to property owned by the entire people
1. The State of the Socialist Republic of Vietnam is the representative and exerciser of the rights of the owner of the property
with property owned by the people.
2. The Government uniformly manages and ensures the proper, efficient and economical use of assets
owned by the whole people.
Article 199. Possession, use and disposition of property owned by the entire people
The possession, use and disposition of property belonging to the entire people shall be carried out within the scope of the law
and in the order prescribed by law.
Article 200. Exercising the entire people's ownership rights to assets invested in enterprises
1. When property owned by the entire people is invested in an enterprise, the State shall exercise the right
of the owner for that property in accordance with the law on enterprises, management and use
State capital invested in production and business in enterprises and other provisions of law
relate to.
2. Enterprises manage and use capital, land, natural resources and other assets owned by the enterprise
The State invests in accordance with relevant laws.
Article 201. Exercising the entire people's ownership rights over properties assigned to housing authorities
country, people's armed unit
1. When property owned by the entire people is assigned to a state agency or unit of the people's armed forces
then the State exercises the right to inspect and supervise the management and use of such property.
2. State agencies and units of the people's armed forces shall manage and use them for the right purposes.
according to the provisions of law for property assigned by the State.
Article 202. Exercising the people's right to ownership of property assigned to political organizations,
socio-political organizations, socio-political-professional organizations, social organizations, social organizations
association - profession
1. When property owned by the entire people is assigned to a political organization, socio-political organization, or
socio-political-professional organizations, social organizations, socio-professional organizations, the State does
exercise the right to inspect and supervise the management and use of such assets.
2. Political organizations, socio-political organizations, socio-political-professional organizations, social organizations,
socio-professional organizations that properly manage and use property assigned by the State
purposes, scope, in the manner and in the order prescribed by law, in accordance with the functions and duties
services provided for in the bylaws.
Article 203. Rights of individuals and legal entities to the use and exploitation of property
owned by the whole people
Individuals and legal entities are entitled to use land, exploit aquatic resources, natural resources and other resources
other properties under the ownership of the entire people for the right purposes, effectively, and to fulfill obligations to the people
State in accordance with the law.
Article 204. Property owned by the entire people that has not been assigned to individuals or legal entities for management
For property owned by the entire people but not yet assigned to an individual or legal entity for management,
The Government shall organize the protection, investigation, survey and make planning to put into operation.
Subsection 2. PRIVATE PROPERTY
Article 205. Private ownership and privately owned property
1. Private property is the property of an individual or a legal entity.
2. Legal property under private ownership is not limited in quantity and value.
Article 206. Possession, use and disposition of privately owned property
1. The owner has the right to possess, use and dispose of privately owned property for service
demand for living, consumption, production, business and other purposes that are not illegal.
2. The possession, use and disposition of privately owned property must not cause damage or
affect the national interest, the nation, the public interest, the lawful rights and interests of the
others.
Subsection 3. GENERAL PROPERTY
Article 207. Common ownership and types of common ownership
1. Common ownership means ownership by many subjects over property.
2. Common ownership includes share ownership and consolidated common ownership.
Article 208. Establishment of common ownership rights
Common ownership is established by agreement, by law or by collective
shop.
Article 209. Joint ownership under section
1. Shared ownership in part is common ownership in which the ownership rights of each owner are shared
determined for common property.
2. Each share owner has the rights and obligations to the property under common ownership
in proportion to their share of ownership, unless otherwise agreed.
Article 210. Consolidated common ownership
1. Consolidated common ownership is common ownership in which the ownership rights of each owner are shared
common property is not defined in respect of common property.
Consolidated common ownership includes divisible consolidated joint ownership and common property
most undivided.
2. Consolidated joint owners have equal rights and obligations with respect to the assets under their ownership
general.
Article 211. Community ownership
1. Common property of the community is the property of the family line, hamlet, hamlet, hamlet, village, hamlet, phum, squirrel,
religious communities and other residential communities with respect to property formed according to custom, financial
property jointly contributed, donated, donated by members of the community, or
from other sources in accordance with the provisions of law for the purpose of satisfying the common interest
community law.
2. Community members jointly manage, use and dispose of common property as agreed
or customary for the common good of the community but must not violate the prohibition of the law,
not against social morality.
3. The common property of the community is the undivided undivided common property.
Article 212. Common ownership of family members
1. Property of family members living together includes property contributed by members,
jointly create and other assets are established under the provisions of the Ministry of Finance
this and other relevant laws.
2. The possession, use and disposition of common property by family members shall be carried out
by agreement method. In case of disposing of real estate, registered movable property,
Property is the main source of income for the family, which must be agreed upon by all family members
family is an adult with full civil act capacity, unless otherwise provided for by law.
In case there is no agreement, the provisions on joint ownership according to the prescribed part shall apply
in this Code and other relevant laws, except for the case specified in Article 213 of this Code.
Article 213. Joint ownership of husband and wife
1. Common property of husband and wife is divisible common property.
2. Husband and wife jointly create and develop common property; have equal rights in
possession, use and disposition of common property.
3. Husband and wife agree or authorize each other to possess, use and dispose of common property.
4. Common property of husband and wife may be divided by agreement or by decision of the Court.
5. In case the husband and wife choose the property regime as agreed in accordance with the law on property
marriage and family, the common property of husband and wife shall be applied according to this property regime.
Article 214. Joint ownership in an apartment building
1. Area, equipment and other assets shared in the apartment building as prescribed
of the Law on Housing under the consolidated common ownership of all owners of the apartments in that house and
undivided, unless otherwise provided by law or by agreement of all owners
other.
2. Owners of apartments in an apartment building have equal rights and obligations in the management,
use the property specified in Clause 1 of this Article, unless otherwise provided for by law or otherwise agreed upon
other agreement.
3. In case the apartment building is destroyed, the rights of the apartment owner shall comply with:
provisions of the law.
Article 215. Mixed common ownership
1. Mixed common ownership means ownership of property owned by owners of different business sectors
Different economies contribute capital for production, business and profit.
2. Property is formed from the capital contributed by the owners, lawful profit is obtained from
production and business activities or from other sources in accordance with the provisions of law are property
jointly owned.
3. The possession, use and disposition of property under joint ownership must comply with regulations
in Article 209 of this Code and provisions of law relating to capital contribution, organization, operation,
activities of production, business, management, administration, responsibility for assets and distribution of profits.
Article 216. Management of common property
Common owners jointly manage common property on the principle of consensus, unless otherwise agreed
otherwise agreed or otherwise provided by law.
Article 217. Use of common property
1. Each joint owner in part has the right to exploit the utility, enjoy yields and profits from the property
in proportion to their share of ownership, unless otherwise agreed or by law
The law provides otherwise.
2. Consolidated common owners have equal rights in exploiting the utility, enjoying
yields and profits from common property, unless otherwise agreed.
Article 218. Disposal of common property
1. Each joint owner in part has the right to dispose of his or her share of ownership.
2. The disposition of the consolidated common property is done according to the agreement of the owners
general or as required by law.
3. In case a joint owner sells a portion of his/her ownership rights, the owner
Other generals have the right of priority to buy.
Within 3 months for common property being real estate, 01 month for common property is
property, from the date on which the other joint owners received notice of the sale and the terms of the sale
In case of sale but no common owner buys it, that owner is entitled to sell it to another person
other. The notice must be in writing and the conditions of sale to the common owner
must be the same as for sale to a non-common owner.
In case of selling a part of ownership but there is a violation of the right of priority to buy, within 03
months, from the date of detection of a violation of the right of priority to purchase, the joint owner in accordance with the
among the joint owners have the right to ask the Court to transfer to them the rights and obligations
of the buyer; The party at fault causing damage must compensate for the damage.
4. Where one of the joint owners of the immovable property renounces the ownership portion of the
himself or when this person dies without an heir, that part of ownership belongs to the House
country, except in the case of common ownership by the community, it is under the common ownership of the owners
remaining common.
5. Where one of the joint owners of the movable property renounces the ownership portion of the
himself or when this person dies without an heir, that part of the ownership right belongs to
common to the remaining owners.
6. Where all owners give up their ownership rights to the common property, the
establishment of ownership rights shall be applied according to the provisions of Article 228 of this Code.
Article 219. Division of property under common ownership
1. In case of divisible common ownership, each joint owner has the right to claim
division of common property; if joint ownership must be maintained for an agreed period
agreement of the common owners or as required by law, each joint owner can only
the right to demand division of the common property upon the expiration of such time limit; when the common property cannot be divided by
in kind, the joint owner who requests the division has the right to sell his/her share of the ownership rights, except
otherwise agreed by the common owners.
2. In case someone requests one of the joint owners to perform an obligation
payment and that joint owner has no separate property or separate property is not sufficient to pay
payment, the claimant has the right to claim the division of the common property and participate in the division of the property
general, unless otherwise provided by law.
If it is not possible to divide the ownership rights in kind or the division is shared by the owners
If the rest object, the obligee has the right to request the obligee to sell part of the ownership rights
to fulfill its payment obligation.
Article 220. Termination of joint ownership
Joint ownership terminates in the following cases:
1. Shared common property.
2. One of the joint owners is entitled to the entire common property.
3. The common property no longer exists.
4. Other cases as prescribed by law.
Section 3. ESTABLISHMENT AND TERMINATION OF PROPERTY RIGHTS
Subsection 1. ESTABLISHMENT OF PROPERTY RIGHTS
Article 221. Grounds for establishment of ownership rights
Ownership is established over the property in the following cases:
1. Due to labor, legal production and business activities, object creation activities
Intellectual property rights.
2. To transfer ownership under an agreement or according to a judgment or decision of a court or agency
other competent state.
3. Collect profits and profits.
4. Formation of new assets due to merger, mixing or processing.
5. Inherited.
6. Possession under the conditions prescribed by law for derelict and unidentified property
identified owner; buried, hidden, buried, sunken property is found; property owned by people
other dropped, forgotten; lost livestock, poultry, aquatic animals moving naturally.
7. Possessing and benefiting from property as prescribed in Article 236 of this Code.
8. Other cases prescribed by law.
Article 222. Establishment of ownership rights to property acquired from labor, production activities,
legitimate business, activities that create objects of intellectual property rights
Employees and persons conducting lawful production and business activities have the right to
with assets obtained from lawful labor, production and business activities, from the time of having
get that property.
The person conducting the creative activity has title to the property obtained from the creative activity
created under the provisions of the Intellectual Property Law.
Article 223. Establishment of ownership under contract
Person to whom property is delivered through a contract of sale, gift, exchange, loan or contract
If he/she transfers other ownership rights as prescribed by law, he/she has the right to own such property.
Article 224. Establishment of ownership rights over yields and profits
The owner or user of the property has the right to title to the yield or profit under the agreement, or
according to the provisions of law, from the time of obtaining such profits or profits.
Article 225. Establishment of ownership rights in case of merger
1. In case the assets of many different owners are merged together to form an object
If the property cannot be divided and it is impossible to determine whether the property to be merged is the main object or an auxiliary object, the new object
constituted as property jointly owned by such owners; if the property to be merged is
the main object and the auxiliary object, the newly created object belongs to the owner of the main object, from the time the object is created
newly created, the new property owner must pay the property owner a portion of the value
of such accessory, unless otherwise agreed.
2. When a person merges another person's movable property into his own movable property,
even though he knew or ought to have known that the property was not his or her consent
of the owner of the merged property, the owner of the merged property has one of the following rights:
here:
a) Request the person merging the property to hand over the new property to him/her and make payment to the merger
the value of the person's property;
b) Request the person merging the property to pay the value of his/her part of the property and pay compensation for damage
if the new property is not received;
c) Other rights as prescribed by law.
3. When a person merges the movable property of another person into the property which is the immovable property of
himself, even though he knew or ought to have known that the property was not his own and was not
With the consent of the merged property owner, the merged property owner has one of the following:
the following rights:
a) Request the person merging the property to pay the value of his/her part of the property and pay compensation for damage;
b) Other rights as prescribed by law.
4. When a person merges his movable property into another person's immovable property, then
the property owner has the right to require the merger to remove the illegally merged property and
compensate for damage or withhold assets and pay the merger value of the merged assets,
unless otherwise agreed.
Article 226. Establishment of ownership in case of mixing
1. In case the properties of many different owners are mixed together to form a new object
If it cannot be divided, the new object shall be the property under common ownership of those owners, from the time of
mix.
2. When a person has mixed the property of another with his own, whether known or right
know that the property is not yours and without the consent of the owner of the mixed property, then
Mixed property owners have one of the following rights:
a) Ask the person who has mixed the property to hand over the new property to him and pay the person who has mixed it up
part of the value of that person's property;
b) Request the person who mixed the property to pay the value of his/her share of the property and pay for the damage
if not receive new property.
Article 227. Establishment of ownership rights in case of processing
1. The owner of the raw materials to be processed into a new object is the owner of the object
newly created.
2. People who use materials owned by others for processing and honestly become
owner of the new property but must pay the value of the materials, compensate for damage to the
owner of that material.

3. In case the processor is not honest, the owner of the raw materials has the right to demand
hand over the new item; if there are multiple owners of the material, they are co-owners
in proportion to the newly created object, corresponding to the value of each person's materials.
The owner of the raw material being processed in bad faith has the right to demand compensation from the processor
usually damage.
Article 228. Establishment of ownership rights over derelict property or unidentifiable property
possessive
1. A derelict property is a property whose owner has given up ownership of such property.
The person who has discovered or is managing the derelict property which is movable property has the right to own such property.
unless otherwise provided for by law; if the property is real estate, it belongs to the State.
2. The person who discovers property that cannot be identified as the owner must notify or hand it over to the owner
Commune-level People's Committee or nearest commune-level police station to publicly notify the owner
know and receive.
The handover must be recorded in writing, clearly stating the full name and address of the deliverer,
receipt, status, quantity, and volume of property delivered.
The commune-level People's Committee or the commune-level police station that has received the property must notify the discoverer
on the results of the identification of the owner.
After 1 year, from the date of public announcement, it is not possible to determine who is the owner of the property
movable property, the title to such movable property belongs to the person who discovered the property.
After 5 years, from the date of public announcement, it is not possible to determine who is the owner of the property
real estate, such real estate belongs to the State; the discoverer is entitled to a sum of money
reward in accordance with the law.
Article 229. Establishment of ownership rights to found buried, hidden, buried or sunk property
see
1. Persons who discover buried, hidden, buried or sunken property must notify or immediately return it to
Owner; If you do not know who the owner is, you must notify or hand it over to the Human Resources Committee
commune-level people or the nearest commune-level police station or other competent state agency according to
provisions of law.
2. Buried, hidden, buried, sunken property found without or unidentified
Who is the owner, after deducting the cost of finding, preserving, and owning this property?
is defined as follows:
a) The property found is the property belonging to the historical - cultural relic according to the provisions of the Law on Cultural Heritage
goods belong to the State; the person who finds the property is entitled to a statutory bonus
provisions of law;
b) The property found is not a property belonging to a historical-cultural relic as prescribed by the Law
cultural heritage whose value is less than or equal to ten times the base salary prescribed by the State
is owned by the finder; if the property found is worth more than ten times the base salary
If the basis is regulated by the State, the person who finds it is entitled to a value equal to ten times the base salary
regulated by the State and 50% of the value of the portion exceeding ten times the base salary set by the State
regulations, the remaining value belongs to the State.
Article 230. Establishment of ownership rights to property dropped or forgotten by others
1. The person who discovers the property dropped or forgotten by another person but knows the address of the person who struck it
dropped or forgotten, must notify or return the property to that person; if you don't know the address of
If the person drops it or forgets it, it must notify or hand it over to the commune-level People's Committee or
the nearest commune-level police station to publicly notify the owner and receive it.
The commune-level People's Committee or the commune-level police station that has received the property must notify the assignor
submit the result of the identification of the owner.
2. After 01 year, from the date of public announcement of the property dropped or forgotten by another person
If the owner cannot be identified or the owner does not come to receive it, the ownership rights to the property
This product is defined as follows:
a) In case the property is dropped or forgotten, the value is less than or equal to ten times the base salary
if the property is regulated by the State, the person who finds it may establish ownership of such property according to
provisions of this Code and other relevant laws; the case of valuable property
greater than ten times the base salary prescribed by the State, after deducting maintenance costs,
earned is entitled to a value equal to ten times the base salary prescribed by the State and 50% of the price
the value of the portion exceeding ten times the base salary prescribed by the State, the remaining value belongs to
about the State;
b) If the property is dropped or forgotten, it is a property belonging to a historical-cultural relic as prescribed
of the Law on Cultural Heritage, such property belongs to the State; the person who picks up the property is entitled
a bonus as prescribed by law.
Article 231. Establishment of ownership rights over lost livestock
1. Persons who catch lost livestock must keep them and immediately report them to the commune-level People's Committees of localities
that person resides to publicly notify the owner that he/she will receive it. After 6 months, from the date
public announcement or, after 01 year, for cattle that are left free according to custom, the ownership rights to
with livestock and the number of livestock born during the keeping period belongs to the person who caught the cattle.
2. In case the owner is entitled to receive the lost cattle back, he/she must pay the keeping wages
and other costs to the person who caught the cattle. During the keeping of the lost livestock, if the
If an animal gives birth to a baby, the person who catches the animal is entitled to half of the livestock born or 50% of the price
value of livestock born and must compensate for damage if there is an intentional fault in causing livestock death.
Article 232. Establishment of ownership rights over lost poultry
1. In case one person's poultry is lost and caught by another person, the catcher must
public notice so that poultry owners know and get it back. After 1 month, from the date of notification
publicly without anyone coming to claim it, the ownership rights to the poultry and the yield from the poultry
born in captivity belongs to the person who caught the poultry.
2. In case the owner is entitled to receive back the lost poultry, he must pay the keeping fee
and other costs to the person who caught the poultry. During the keeping of lost poultry, the catcher
Poultry enjoys the fruits produced by the poultry and must compensate for the damage if there is a willful fault
kill poultry.
Article 233. Establishment of ownership rights to aquatic animals
When one person's aquatic animals move naturally into another's fields, ponds, or lakes
owned by the person who owns that field, pond or lake. The case of aquatic pets with their own signs
In order to be able to identify livestock that are not owned by them, the person who owns that field, pond, or lake must
public notice for the owner to know and receive back. After 1 month, from the date of public announcement
declared but no one comes to receive it, the ownership of that aquatic animal belongs to the owner
fields, ponds, lakes.
Article 234. Establishment of ownership rights due to inheritance
The heir is entitled to establish ownership of the inherited property according to the provisions of Part Four
of this Code.
Article 235. Establishment of ownership rights according to court judgments or decisions, competent state agencies
other authority
Ownership rights can be established based on legally valid judgments or decisions of the Court
courts and other competent state agencies.
Article 236. Establishment of ownership rights according to statute of limitations due to possessing, benefiting from property that is not available
legal basis
The possessor, the person who benefits from the property has no legal basis but in good faith, continuously,
publicly for a period of 10 years for movables, 30 years for immovables to become the owner
owning such property, from the time of commencement of possession, except in the case of this Code or other relevant laws
other regulations.
Subsection 2. TERMINATION OF PROPERTY RIGHTS
Article 237. Grounds for termination of ownership rights
Ownership ends in the following cases:
1. Owner transfers his/her ownership rights to another person.
2. The owner waives his title.
3. Property has been consumed or destroyed.
4. Property is handled to perform the owner's obligations.
5. Property being forcibly purchased.
6. Property confiscated.
7. Property for which ownership rights have been established for other people in accordance with this Code.
8. Other cases prescribed by law.
Article 238. Owner transfers his/her ownership rights to another person
When the owner transfers his/her ownership rights to another person through a purchase contract
sale, exchange, gift, loan, other ownership transfer contract as prescribed by law
or through the inheritance, the ownership of the property of that person ceases from the time of
point of origination of the transferee's ownership rights.
Article 239. Renunciation of ownership rights
Owners can terminate ownership of their own property by making a public declaration
declare or perform acts that demonstrate their renunciation of the right to possess, use and dispose of assets
that product.
With regard to property, the abandonment of such property may cause harm to social order and safety, or environmental pollution
the school, the relinquishment of ownership must comply with the provisions of law.
Article 240. Property for which ownership has been established for others
Property of unidentifiable owner; buried, hidden, buried, sunken property is found;
lost or neglected property; lost livestock and poultry; aquatic pets move naturally
ownership has been established for another person according to the provisions of Articles 228 to
233 of this Code, the ownership rights of those possessing such property shall cease.
When the ownership of the possessor and the beneficiary of the property has been established in accordance with regulations
in Article 236 of this Code or other relevant provisions of law, the ownership rights shall be terminated
of the person whose property is possessed.
Article 241. Handling of property to perform obligations of the owner
1. Ownership of a property terminates when such property is disposed of to perform the owner's obligations
ownership under a decision of a court or other competent state agency, if the law
no other provisions.
2. The handling of property to perform the owner's obligations does not apply to non-property
subject to distraint according to the provisions of law.
3. Ownership of the property handled to perform the owner's obligations terminates at the
point of origin of ownership of the recipient of that property.
4. The handling of land use rights shall comply with the provisions of the land law.
Article 242. Property to be consumed or destroyed
When property is consumed or destroyed, ownership over that property ends.
Article 243. Property forfeited
In case the State expropriates the purchase of property according to the provisions of law, the ownership rights to the property
of such owner shall terminate from the time of decision of the competent state agency
legal effect.
Article 244. Confiscated property
When the owner's property is confiscated or transferred to the state fund due to a crime or administrative violation,
Ownership rights to such property shall terminate from the time of judgment or decision of the court or agency
other competent state has legal effect.
Chapter XIV

OTHER RIGHTS TO PROPERTY
Section 1. RIGHTS TO adjoining immovable property
Article 245. Right to adjoining immovable property
A right to adjoining immovable property is a right to be exercised on an immovable property (referred to as immovable property).
entitled property) for the purpose of exploiting another immovable property under its ownership
owned by others (referred to as entitled immovable property).
Article 246. Grounds for establishing rights to adjoining immovable property
The right to adjoining immovable property is established by the natural topography, in accordance with the law, under the
agreement or will.
Article 247. Effect of rights to adjoining immovable property
The right to adjoining immovable property is valid for all individuals and legal entities and is transferred
when the immovable property is transferred, unless otherwise provided for by relevant laws.
Article 248. Principles for exercising rights to adjoining immovable property
The exercise of rights to adjoining immovable property as agreed by the parties. The case of the
If the parties fail to reach an agreement, the following principles shall apply:
1. Ensuring the reasonable needs of the rightful real estate exploitation in accordance with the purpose of use
use of both the claimant and the claimant property.
2. Not to abuse the right to the subject property.
3. Not to perform acts that prevent or prevent the exercise of rights to real estate
entitlement becomes difficult.
Article 249. Change in exercise of rights to adjoining immovable property
In case there is a change in the use or exploitation of the entitled real estate resulting in the change
the exercise of the right to the entitled immovable property, the owner of the immovable property shall bear the
The right must give advance notice to the owner of the entitled immovable property within a reasonable period of time.
The owner of the entitled immovable property must create favorable conditions for the owner of the immovable property
entitled to be consistent with this change.
Article 250. Obligations of owners in rainwater drainage
Owners of houses and other constructions must install water pipes so that rainwater from
the roof, its construction, must not run down the property of its owner
adjoining property.
Article 251. Obligations of owners in wastewater drainage
Owners of houses and other construction works must build underground sewers or drainage ditches to
wastewater to a designated place, so that it does not overflow onto the owner's property
adjoining real estate, to a public road or a place of public life.
Article 252. Right to water supply and drainage through adjoining immovable property
In cases where due to the natural location of the immovable property, the water supply and drainage is forced through a
other immovable property, the owner of the immovable property through which water flows must reserve a way for water supply and drainage
appropriate, shall not impede or impede the flow of water.
Users of water supply and drainage routes must minimize damage to property owners
movable property with water flowing through when installing water lines; If damage is caused, compensation must be made.
In case of natural water flowing from a high position to a low position, causing damage to the owner of any
If water flows through movable property, users of water supply and drainage routes are not required to compensate for damage.
Article 253. The right to watering and draining water in cultivation
The person who has the right to use the arable land when there is a need for watering or drainage, has the right to request
The people who use the surrounding land to give themselves a suitable and convenient water route
irrigation; the requested person is obligated to respond to the request; if the person using the aqueduct
causing damage to the surrounding land users, they must compensate.
Article 254. Right of passage
1. An owner whose real property is surrounded by the properties of other owners that
there is no or insufficient access to the public road, the right to claim the property owner
encircle themselves a reasonable passage on their land.
Walkways are opened on which adjoining property is deemed most convenient and reasonable, taking into account
site-specific characteristics, the benefit of the encumbered property, and the minimal damage caused
Real estate with open access.
The owner of the immovable property entitled to the right of passage must compensate the owner of the property
entitled to, unless otherwise agreed.
2. The location, length, width, and height limits of the aisles shall be agreed upon and guaranteed by the parties
convenient for travel and less troublesome for the parties; If there is a dispute about the passage, you have the right to request it
Courts, other competent state agencies determined.
3. In case the real estate is divided into several parts for other owners or users
When dividing, they must reserve the necessary passage for the people inside as prescribed in Clause 2 of this Article
without compensation.
Article 255. Connecting to other real estate power transmission and communication lines
The owner of real estate has the right to connect electricity transmission lines and communication through the real estate
of other owners reasonably, but must ensure the safety and convenience of the owners
that ownership; If damage is caused, compensation must be made.
Article 256. Termination of rights to adjoining immovable property
The right to adjoining immovable property shall terminate in the following cases:
1. Entitlement immovable and entitled movable property owned by a
people.
2. The use and exploitation of real estate no longer gives rise to the need for enjoyment of rights.
3. As agreed by the parties.
4. Other cases as prescribed by law.
Section 2. BENEFITS
Article 257. Usufruct right Quyền
The usufruct right is the right of the subject to exploit the utility and enjoy the benefits and profits of the property
with property owned by another entity for a certain period of time.
Article 258. Grounds for establishment of usufruct right
The usufruct right is established by law, by agreement or by will.
Article 259. Effect of usufruct right
The usufruct right is established from the time of receipt of property transfer, unless otherwise agreed
otherwise provided by the relevant law or agreement.
The usufruct right has been established and is valid for all individuals and legal entities, except for the
The relevant law provides otherwise.
Article 260. Term of usufruct right
1. The duration of the usufruct right shall be agreed upon by the parties or prescribed by law, but up to
the end of the first beneficiary's life if the beneficiary is an individual and until the
ceases to exist but up to 30 years if the first beneficiary is a juridical person.
2. The usufructuary has the right to lease the usufruct right within the time limit specified in Clause 1
This.
Article 261. Rights of the beneficiary
1. By themselves or allowing others to exploit, use and collect yields and profits from the subject matter of
usufruct rights.
2. Request the property owner to perform the obligation to repair the property as prescribed in Clause
4 Article 263 of this Code; In case of performing obligations on behalf of the property owner, there
right to demand reimbursement from the property owner.
3. Lease usufruct right to the property.
Article 262. Obligations of the beneficiary
1. Receive property according to its current state and register it if so prescribed by law.
2. To exploit property in accordance with the utility and use purpose of the property.
3. Preserve and preserve assets like their own.
4. Periodically maintain and repair assets to ensure normal use; restore
condition of the property and remedy the adverse effects to the property resulting from the failure to do so
their obligations in accordance with technical requirements or according to customary property preservation.
5. Return the property to the owner at the end of the useful life.
Article 263. Rights and obligations of property owners
1. Dispose of property but must not change the established usufruct right.
2. Request the Court to disqualify the usufruct right in case the usufructary commits a serious violation
honor its obligations.
3. Not to obstruct or perform other acts that cause difficulties or infringe upon rights and interests
legal rights of the beneficiary.

Page 4

4. Perform the obligation to repair the property to ensure that there is no significant deterioration leading to the property
unable to use or lose the entire utility and value of the property.
Article 264. Right to enjoy yields and profits
1. The beneficial owner has the right to title to the yields and profits derived from the property that are the subject of the
usufruct during the period in which this right is in force.
2. In case the usufruct right terminates but not yet due, the yield and interest shall be collected when the maturity is due
the term of the yield, the profit, the beneficiary enjoys the value of the yield, the income obtained
corresponding to the period of time the person is entitled to use.
Article 265. Termination of usufruct right
The usufruct right shall terminate in the following cases:
1. The term of the usufruct right has expired.
2. As agreed by the parties.
3. The usufructuary becomes the owner of the property subject to the usufruct right.
4. The usufructuary waives or fails to exercise the usufruct right within the time limit prescribed by law
determined.
5. Property subject to usufruct right no longer exists.
6. By decision of the Court.
7. Other grounds as prescribed by law.
Article 266. Return of property upon termination of usufruct right quyền
Property subject to usufruct must be returned to the owner upon termination
usufruct right, unless otherwise agreed or otherwise provided by law.
Section 3. SURFACE RIGHTS
Article 267. Surface rights
Surface rights are the rights of an entity to the land, water surface, and space on the surface
land, water surface and subsoil of which the right to use such land belongs to another subject.
Article 268. Grounds for establishing surface rights quyền
Surface rights are established by law, by agreement or by will.
Article 269. Effect of surface rights
Surface rights take effect from the time when the holder of the land use right transfers the ground, surface
water, space above ground, water surface and underground for holders of surface rights, except
otherwise agreed or otherwise provided by relevant law.
The right to surface is effective for all individuals and legal entities, unless otherwise provided for by relevant law
other determination.
Article 270. Term of surface rights
1. The term of a surface right is determined by law, by agreement or will
but does not exceed the term of the land use right.
2. Where the agreement or will does not specify the term of the surface right, each party may
right to terminate this right at any time but must notify the other party in writing
at least 6 months in advance.
Article 271. Contents of surface rights
1. The holders of surface rights have the right to exploit and use the land, water surface and the space above
ground, water surface and underground land belonging to other people's land use rights for the construction of works,
Planting or cultivating trees must not contravene the provisions of this Code, the law on land, construction, etc
construction, planning, natural resources, minerals and other relevant laws.
2. Surface rights holders have ownership rights to properties created under Clause 1
This.
3. Where the surface right is partially or fully transferred, the transferee shall
assigns inherit the surface right according to the conditions and to the extent corresponding to the part of the surface right
face is transferred.
Article 272. Termination of surface rights
Surface rights terminate in the following cases:
1. The term of enjoyment of surface rights has expired.
2. The holder of surface rights and the holder of land use rights are the same.
3. The holders of surface rights waive their rights.
4. Land use rights with surface rights are revoked according to the provisions of the Land Law.
5. As agreed by the parties or as prescribed by law.
Article 273. Disposal of property upon termination of surface rights
1. When a surface right ends, the holder of a surface right must return the land, water surface, and space
space on land, water surface and underground for holders of land use rights as agreed or
according to regulations of the Law.
2. Surface rights holders must dispose of their property before the surface rights terminate
terminate, unless otherwise agreed.
In case the surface right holder does not handle the property before the termination of the surface right, the right
ownership of such property belongs to the holder of the land use right from the time the surface right terminates,
unless the holder of the land use right does not receive such property.
In case the holder of the land use right does not receive the property but has to handle the property, the owner has
surface rights must pay the cost of handling the property.
The third part

OBLIGATIONS AND CONTRACT
Chapter XV

GENERAL RULES
Section 1. GENERAL BASIS AND OBJECTIVE OF OBLIGATION
Article 274. Obligations
Obligation is an act whereby one or more subjects (hereinafter referred to as the obligor) must
deliver things, transfer rights, pay money or valuable papers, perform work or not
to perform certain work for the benefit of one or more other entities (hereinafter collectively referred to as
is the obligee).
Article 275. Grounds for arising obligations
Obligations arise from the following grounds:
1. Contract.
2. Unilateral legal action.
3. Perform work without authorization.
4. Possession, use of property or gain of property without a legal basis.
5. Causing damage due to illegal acts.
6. Other grounds prescribed by law.
Article 276. Objects of obligations
1. The object of an obligation is a property or a job to be performed or not performed.
2. The subject matter of the obligation must be determined.
Section 2. IMPLEMENTATION OF OBLIGATIONS
Article 277. Venue for performance of obligations
1. The place for performance of obligations shall be agreed upon by the parties.
2. If there is no agreement, the place of performance of the obligation is determined as follows:
a) The place where the immovable property is located, if the subject matter of the obligation is immovable property;
b) The place of residence or place of office of the obligee, if the subject matter of the obligation is not immovable
produce.
When the obligee changes the place of residence or head office, it must notify the obligee and bear the costs
Fees increased due to change of place of residence or head office, unless otherwise agreed.
Article 278. Time limit for performance of obligations
1. The time limit for performance of an obligation shall be agreed upon by the parties, as prescribed by law or by decision
decision of the competent authority.
2. The obligor must perform the obligation on time, unless otherwise provided by this Code or other laws
related other regulations.
Where the obligee has voluntarily performed the obligation ahead of time and the obligee has accepted
If the performance of an obligation is accepted, the obligation is considered to have been completed on time.
3. In case the time limit for performing the obligation cannot be determined as prescribed in Clause 1 of Article
In this case, either party may perform or demand performance at any time
but must notify the other party within a reasonable time.
Article 279. Performance of the obligation to deliver objects
1. The party obligated to deliver the object must preserve and preserve the object until it is delivered.
2. When the object to be delivered is a specific object, the obligor must deliver that object in the right condition
as committed; if they are of the same type, they must deliver the right quantity and quality as agreed,
if there is no agreement on quality, the object must be delivered in medium quality; if it's an object
synchronous, must be delivered synchronously.
3. The obligor must bear all costs for the delivery of the object, unless otherwise agreed.
Article 280. Performance of payment obligations
1. The payment obligation must be fulfilled in full, on time, at the right place and method
agree.
2. The payment obligation includes interest on the principal, unless otherwise agreed.
Article 281. Obligation to perform or not to perform a job
1. Obligation to perform an act is an obligation under which the obligor is required to perform
that job right.
2. An obligation not to perform an act is an obligation under which the obligor does not
to do that work.
Article 282. Periodic performance of obligations nghĩa
Obligations are performed periodically as agreed upon, prescribed by law or decided
decision of the competent authority.
The delay in performance of obligations by period is also considered as late performance of obligations.
Article 283. Performance of obligations through a third person
With the consent of the obligee, the obligee may authorize a third person to act on his/her behalf
performance of an obligation, but is still liable to the obligee, if the third party fails to perform
performance or improper performance of an obligation.
Article 284. Conditional performance of obligations
1. Where the parties have an agreement or the law provides for the conditions for performance of an obligation
when the condition arises, the obligor must perform.
2. In case the condition does not occur or occurs due to the influence of one party, the rule of law shall apply
specified in Clause 2, Article 120 of this Code.
Article 285. Performance of an obligation with an object of his or her choice
1. An obligation with an optional subject matter is an obligation whose subject matter is one of many assets or
different work and the obligor may choose at its discretion, unless otherwise agreed or
The law provides for the right of choice for the obligee.
2. The obligee must notify the obligee of the selected property or work
choose to perform the obligation. Where the obligee has determined the time limit for performance of the obligation
selected, the obligor must complete it on time.
3. In case there is only one property or one job left, the obligor must hand over that property
or do it.
Article 286. Performance of replaceable obligations
A replaceable obligation is an obligation for which the obligor fails to perform the original obligation
may perform another obligation accepted by the obligee to replace that obligation.
Article 287. Performance of separate obligations
When more than one person performs the same obligation, but each person has a certain share of the obligation and
separately, each person only has to perform his part of the obligation.
Article 288. Performance of joint obligations
1. Mutual obligation is an obligation that many people must perform together and the obligee can claim
require any of the obligors to perform the entire obligation.
2. Where a person has performed the entire obligation, he has the right to demand that the
other joint obligations must perform their part of their joint obligations towards them.
3. Where the obligee has appointed one of the joint obligors to perform
the whole obligation, but then exempt that person, the rest are also exempt
perform obligations.
4. Where the obligee only exempts one of the obligee from performing the obligation
joint obligations are not required to perform their part of the obligations, the remaining persons still have to
joint performance of their obligations.
Article 289. Performance of obligations towards many persons with related rights
1. Obligation towards more than one person with a joint right is an obligation under which each of the
Any obligee may require the obligor to perform the entire obligation.
2. The obligor may perform its obligations towards any of the obligors
related rights.
3. In the event that one of the persons with joint rights exempts the obligor from
If the obligor still performs the part of the obligation towards himself, the obligor must still perform the remaining part of the obligation
to other stakeholders.
Article 290. Performance of divisible obligations by part
1. A divisible obligation is an obligation which the subject matter of the obligation can be divided into
many parts to do.
2. The obligor may partially perform the obligation, unless otherwise agreed.
Article 291. Performance of indivisible obligations according to part
1. An indivisible obligation is an obligation to which the object of the obligation must be
performed at the same time.
2. In case more than one person is required to perform the same indivisible obligation, then
they have to fulfill their obligations at the same time.
Section 3. SECURITY OF OBLIGATIONS
Subsection 1. GENERAL PROVISIONS
Article 292. Measures to secure the performance of obligations
Measures to secure the performance of obligations include:
1. Pledge of property.
2. Property mortgage.
3. Deposit.
4. Make a bet.
5. Escrow.
6. Ownership reservation.
7. Guarantee.
8. Unsecured credit.
9. Holding property.
Article 293. Scope of guaranteed obligations
1. Obligations may be secured in whole or in part as agreed upon or in accordance with the provisions of
law; If there is no agreement and the law does not specify the scope of the guarantee, the obligation to consider
as fully secured, including the obligation to pay interest, penalties and damages.
2. A secured obligation can be a present obligation, a future obligation or a contingent obligation
condition.
3. In case of securing a future obligation, the obligation is formed within the guarantee period
Guarantee means a secured obligation, unless otherwise agreed.
Article 294. Security for future performance of obligations
1. In case of securing the performance of obligations in the future, the parties have the right to reach a specific agreement on
the scope of the secured obligation and the duration for the performance of the secured obligation, unless
otherwise provided by law.
2. When a future obligation is formed, the parties do not have to re-establish the security measure
for that obligation.
Article 295. Collateral
1. The security property must be owned by the securing party, except for the case of property holding,
retain ownership.
2. Collateral may be described in general, but must be identifiable.
3. Collateral can be existing assets or assets formed in the future.
4. The value of the security property may be greater than, equal to or smaller than the value of the secured obligation.
Article 296. One property used to secure the performance of many obligations
1. An asset can be used to secure the performance of many obligations, if valid at the time
establishment of a secured transaction is greater than the total value of the secured obligations, unless otherwise agreed
otherwise agreed or otherwise provided by law.
2. Where a property is secured for the performance of many obligations, the securing party must notify
notify the following secured party that the security property is being used to secure the performance
perform other obligations. Each warrant must be in writing.
3. Where property must be disposed of to perform a due obligation, other obligations, although not yet
due are deemed to be due and all parties jointly secured are entitled to participate in the settlement
asset. The secured party who has notified the disposition of the property shall be responsible for the disposal of the property, if the
no other agreement between the co-receiving parties.
In case the parties want to continue to perform their undue obligations, they can agree on:
the use of other assets by the securing party to secure the performance of undue obligations.
Article 297. Anti-third party effect
1. The security interest becomes effective against a third party from the time the security interest is registered
security or the secured party holds or seizes the security property.
2. When a security measure becomes effective against a third party, the secured party
have the right to recourse to the security property and the right to make payment as prescribed in Article 308 of the Ministry of Finance
this and other relevant laws.
Article 298. Registration of security interests
1. Security interest is registered under agreement or as prescribed by law.
Registration is a condition for a security transaction to take effect only in cases where it is required by law.

2. In case of registration, the security measure becomes effective against the third party
from the time of registration.
3. The registration of security interests shall comply with the provisions of law on registration of security interests
guarantee law.
Article 299. Cases of handling security assets
1. By the due date for performance of the secured obligation, but the obligor fails to perform or perform
improper obligations.
2. The obligor must perform the secured obligation ahead of time due to a breach of the obligation under
agreement or as required by law.
3. Other cases as agreed by the parties or provided for by law.
Article 300. Notice of collateral handling
1. Before handling the security property, the secured party must notify in writing within a period of time
reasonable time limit for the disposal of collateral for the securing party and other co-secured parties.
For collateral assets at risk of being damaged leading to a decrease in value or total loss of value
then the secured party has the right to handle it immediately, and at the same time must notify the securing party and the other parties
obtain other security regarding the disposal of such property.
2. In case the secured party fails to notify the handling of the security property as prescribed in
Clause 1 of this Article, if damage is caused, the guarantor must pay compensation to the guarantor and the jointly insured parties
other assurance.
Article 301. Handing over collateral for handling
The holder of the security property is obliged to hand over the security property to the secured party for handling
when falling into one of the cases specified in Article 299 of this Code.
If the person holding the property does not hand over the property, the secured party has the right to demand
The court shall decide, unless otherwise provided for by relevant laws.
Article 302. Right to receive back collateral
Before the time of disposal of the security property, the securing party has fully performed its obligations to the
with the secured party and pay the costs arising from the late performance of the obligation,
right to receive such property, unless otherwise provided for by law.
Article 303. Methods of handling pledged or mortgaged properties
1. The guarantor and the secured party have the right to agree on one of the methods of financial settlement
the following mortgaged or mortgaged property:
a) Auction of assets;
b) The secured party sells the property by itself;
c) The secured party receives the property itself to replace the performance of obligations of the securing party;
d) Other methods.
2. In case there is no agreement on the method of handling the security property as prescribed in Clause
1 of this Article, the property shall be auctioned, unless otherwise provided for by law.
Article 304. Sale of mortgaged or mortgaged properties
1. The auction of pledged or mortgaged properties shall comply with the law on sale
property auction.
2. The self-sale of the pledged or mortgaged property by the secured party must comply with regulations on
property sale in this Code and the following provisions:
a) The payment of the money obtained from the disposal of the property shall comply with the provisions of Article 307 .
of this Code;
b) After the result of asset sale is obtained, the property owner and the party with the right to handle the property must
carry out the procedures prescribed by law to transfer property ownership to the property buyer.
Article 305. Receiving the security property itself to replace the performance of obligations of the guarantor
guarantee
1. The secured party is entitled to receive the security property itself to replace the performance
obligations of the securing party if there is an agreement when establishing the secured transaction.
2. In the absence of an agreement as prescribed in Clause 1 of this Article, the secured party shall only
receive the security property itself to replace the performance of obligations when the guarantor agrees
written.
3. In case the value of the secured property is greater than the value of the secured obligation, the receiver
the security must pay the difference to the securing party; In case the value of the property is insured
less than the value of the secured obligation, the unpaid portion becomes
unsecured obligations.
4. The guarantor is obliged to carry out the procedures for transferring the ownership of the property to the guarantor
comply with the provisions of the law.
Article 306. Valuation of collateral
1. The guarantor and the secured party have the right to agree on the price of the security asset or to determine the valuation
through an asset valuation organization when dealing with collateral.
If there is no agreement, the property will be valued through an asset valuation organization.
2. The valuation of security assets must be objective and consistent with market prices.
3. Valuation organizations must compensate for damage if they commit illegal acts that cause damage to other parties
security, the secured party during the valuation of the collateral.
Article 307. Payment of money obtained from the handling of pledged or mortgaged property
1. The money obtained from the handling of the pledged or mortgaged property after paying the preservation and tax expenses
keep and handle the pledged property, the mortgage is paid according to the order of priority specified in Article 308
of this Code.
2. In case the money is obtained from the disposal of the pledged or mortgaged property after payment of expenses
preserving, seizing and handling the pledged or mortgaged property is larger than the value of the secured obligation, the number
the difference must be paid to the guarantor.
3. In case the money is obtained from the disposal of the pledged or mortgaged property after payment of expenses
preserve, seize and handle the pledged or mortgaged property which is smaller than the value of the secured obligation, then
unpaid portion of the obligation is determined to be an unsecured obligation, unless
The parties have an agreement on additional security assets. The secured party has the right to require the obligee to
secured obligation to perform the unpaid portion of the obligation.
Article 308. Order of priority for payment between the parties to jointly receive the security property
1. When an asset is used to secure the performance of many obligations, the order of priority for payment is
between the jointly secured parties are determined as follows:
a) If the security measures are effective against the third party, the order of
payment is determined in the order of establishing countervailing force;
b) In case there is a security measure that takes effect against the third party and takes
If the security measure does not take effect against a third party, the obligation to take a security measure
guaranteed to be effective against a prepaid third party;
c) If the security measures are not effective against the third party, then
the order of payment is determined according to the order in which the security interest is established.
2. The order of priority for payment specified in Clause 1 of this Article may be changed, if the parties jointly receive it
make sure that there is an agreement to change the order of payment priority for each other. Substitute has priority
Payment shall be prioritized only within the guarantee of the party to whom it subrogates.
Subsection 2. Pledge of Property
Article 309. Pledge of property
Mortgage of property means the handover of property by one party (hereinafter referred to as the pledgee)
to the other party (hereinafter referred to as the pledgee) to secure the performance of the obligation.
Article 310. Effect of mortgage of property
1. The property pledge contract takes effect from the time of signing, unless otherwise agreed
or otherwise provided by law.
2. The pledge of property takes effect against a third party from the time the pledgee takes possession of it
hold the mortgaged property.
In case the immovable property is the subject of a pledge according to the provisions of law, the pledge of immovable
property takes effect against a third party from the time of registration.
Article 311. Obligations of the pledgee
1. Deliver the pledged property to the pledgee in accordance with the agreement.
2. Notify the pledgee of the rights of a third party to the pledged property, if any; school
In case of failure to notify, the pledgee has the right to cancel the property pledge contract and claim compensation
usually damages or upholds the contract and accepts a third party's right to the mortgaged property
try.
3. To pay the pledgee reasonable expenses for preserving the pledged property, unless there is
other agreement.
Article 312. Rights of the pledgee
1. Request the pledgee to terminate the use of the pledged property in the case specified in
Clause 3, Article 314 of this Code if, due to use, the pledged property is in danger of losing its value, or
decrease in value.
2. Request the pledgee to return the pledged property and related papers, if any, when the obligation is
mortgage security ends.
3. To request the pledgee to compensate for damage caused to the pledged property.
4. To be able to sell, replace, exchange or donate the pledged property if agreed by the pledgee or
according to the provisions of the law.
Article 313. Obligations of the pledgee
1. Preserve and preserve the pledged property; if you lose, misplace or damage the pledged property, you must pay compensation
usually damages the mortgagor.
2. Not to sell, exchange, give or use the pledged property to secure the performance of obligations
other.
3. Not to lease, lend, exploit the utility, enjoy the yields and profits from the pledged property,
unless otherwise agreed.
4. Return the pledged property and related papers, if any, when the obligation is secured by the pledge
terminated or replaced by another security.
Article 314. Rights of the pledgee
1. To request the person who is illegally possessing or using the pledged property to return such property.
2. Handle the pledged property according to the agreed method or according to the provisions of law.
3. To lease, lend, exploit the utility of the pledged property and enjoy yields and profits from the property
mortgaged property, if so agreed.
4. To be paid reasonable expenses for preserving the pledged property when returning the property to the pledgee.
Article 315. Termination of mortgage of property
The mortgage of property shall terminate in the following cases:
1. An obligation secured by a pledge terminates.
2. The pledge of property shall be canceled or replaced with another security measure.
3. The mortgaged property has been handled.
4. As agreed by the parties.
Article 316. Return of pledged property
When the pledge of property terminates according to the provisions of Clauses 1 and 2, Article 315 of this Code
or as agreed by the parties, the pledged property and papers related to the pledged property shall be paid
back to the mortgagor. Yields and profits earned from the pledged property are also returned to the pledgee,
unless otherwise agreed.
Subsection 3. mortgage of property
Article 317. Mortgage of property
1. Mortgage of property means the use of property owned by one party (hereinafter referred to as the mortgagor)
themselves to secure the performance of their obligations and not to hand over the property to the other party (hereinafter referred to as the receiver).
Mortgage).
2. The mortgaged property is kept by the mortgagor. The parties may agree to assign a third person to keep the account
mortgage property.
Article 318. Collateralized property
1. In case of mortgage of the entire immovable property, movable property with auxiliary objects, the auxiliary objects of immovable property,
such immovable property is also mortgaged, unless otherwise agreed.
2. In case of mortgage of a part of real estate, movable property with auxiliary objects, the auxiliary objects are attached to such property
mortgaged property, unless otherwise agreed.
3. In case of mortgage of land use rights where the property attached to the land is under the ownership of
the mortgagor, the property attached to the land is also part of the mortgaged property, unless otherwise agreed
other.
4. Where the mortgaged property is insured, the mortgagee must notify the organization
The insurer knows that the insured property is being mortgaged. The insurance organization pays
direct insurance to the mortgagee upon the occurrence of the insured event.
In case the mortgagee fails to notify the insurance organization of the insured property's
insurance is being used as collateral, the insurance organization pays the insurance premiums according to the insurance contract
and the mortgagor is obligated to pay the mortgagee.
Article 319. Effect of mortgage of property
1. The property mortgage contract takes effect from the time of signing, unless otherwise agreed
or otherwise provided by law.
2. The property mortgage becomes effective against a third party from the time of registration.
Article 320. Obligations of the mortgagor
1. Hand over papers related to the mortgaged property in case the parties agree, except for the case
otherwise provided by law.
2. Preserve and preserve the mortgaged property.
3. Apply necessary measures to remedy, including stopping the exploitation of financial uses
collateral if, as a result of such exploitation, the collateral is in danger of losing value or decreasing in value
treat.
4. When the mortgaged property is damaged, the mortgagor must, within a reasonable time, repair or
replaced with another property of equivalent value, unless otherwise agreed.
5. Provide information on the actual status of the mortgaged property to the mortgagee.
6. Handing over the mortgaged property to the mortgagee for handling when it falls into one of the following cases
collateral property specified in Article 299 of this Code.
7. Inform the mortgagee of the rights of a third party to the mortgaged property, if
have; In case of failure to notify, the mortgagee has the right to cancel the property mortgage contract and
claim for damages or maintain a contract and accept a third party's right to
collateral.
8. Not to sell, replace, exchange or donate the mortgaged property, except for the case specified in Clause
4 and 5, Article 321 of this Code.
Article 321. Rights of the mortgagor
1. Exploiting the utility, enjoying the yields and profits from the mortgaged property, except in the case of yield and income
also the collateral under the agreement.
2. Invest to increase the value of the collateral.
3. Get back the mortgaged property held by the third party and the papers related to the mortgaged property held by the third party
accept a lien when the obligation secured by the mortgage ceases or is replaced by
other security measures.
4. To be able to sell, replace or exchange the mortgaged property, if such property is a circulating commodity in the past
production and business processes. In this case, the right to demand payment from the buyer, the amount
obtained, property formed from proceeds, property replaced or exchanged for
as collateral.
In case the mortgaged property is a warehouse, the mortgagor is entitled to replace the goods within the
warehouse, but must ensure that the value of goods in the warehouse is exactly as agreed.
5. To be sold, exchanged or given as a gift of collateral that is not a circulating commodity in the past
production and business processes, if agreed by the mortgagee or as prescribed by law.
6. To lease or lend collateral but must notify the lessee and the borrower
about the fact that the leased or lent property is being used as a mortgage and must be notified to the recipient
mortgage know.
Article 322. Obligations of the mortgagee
1. Return documents to the mortgagor after terminating the mortgage, in case the parties agree
agree the mortgagee to keep documents related to the mortgaged property.
2. Carry out the procedures for handling the mortgaged property in accordance with the provisions of law.
Article 323. Rights of the mortgagee
1. Examine and inspect the mortgaged property directly, but must not obstruct or cause difficulties for the
the formation, use and exploitation of mortgaged property.
2. To request the mortgagor to provide information on the actual condition of the mortgaged property.
3. Request the mortgagor to apply necessary measures to preserve the property and its value in
in case there is a risk of losing value or reducing the value of the property due to the exploitation and use.
4. Carry out the mortgage registration in accordance with the law.
5. Request the mortgagor or a third person holding the mortgaged property to hand over that property to him/her for handling
when the mortgagor fails to perform or improperly performs the obligation.
6. Keep documents related to the mortgaged property in case the parties agree, except for the case
otherwise provided by law.
7. To handle the mortgaged property in the cases specified in Article 299 of this Code.
Article 324. Rights and obligations of the third party holding the mortgaged property
1. The third party holding the mortgaged property has the following rights:
a) To exploit the uses of the mortgaged property, if so agreed;
b) To be paid remuneration and expenses for preservation and maintenance of the mortgaged property, unless otherwise agreed
other.
2. The third party holding the mortgaged property has the following obligations:
a) Preserve and preserve the mortgaged property; if the collateral is lost, devalued or diminished
the value of the mortgaged property must be compensated;
b) Not to continue exploiting the use of the mortgaged property if the continued exploitation is dangerous
devalue or reduce the value of the mortgaged property;
c) Return the mortgaged property to the mortgagee or mortgagor as agreed or under the
provisions of law.
Article 325. Mortgage of land use rights without mortgage of land-attached assets
1. In case of mortgage of land use rights without mortgage of land-attached assets and users
If the land user is concurrently the owner of assets attached to land, the property to be handled includes property
attached to land, unless otherwise agreed.
2. In case of mortgage of land use rights where the land user is not the owner at the same time
assets attached to land, when handling land use rights, owners of assets attached to land can
continue to use the land within the scope of their rights and obligations; rights and obligations of the mortgagor
in relation to the owner of the property attached to the land transferred to the recipient
transfer of land use rights, unless otherwise agreed.
Article 326. Mortgage of land-attached assets without mortgage of land use rights
1. In case of mortgage of land-attached assets only without mortgage of land use rights and the owner
If the owner of property on land is concurrently a land user, the property to be handled includes:
land use rights, unless otherwise agreed.
2. In case of mortgage of only properties attached to land without mortgage of land use rights and the owner
Owners of land-attached assets who are not concurrently a land user shall, when dealing with land-attached assets,
with land, the recipient of the transfer of ownership of land-attached assets may continue to use the land for a period of time
the scope of rights and obligations of the owner of the property on the transferred land, except for the following cases:
other agreement.
Article 327. Termination of mortgage of property
The mortgage of the property shall terminate in the following cases:
1. An obligation secured by a mortgage terminates.
2. The mortgage of the property is canceled or replaced with another security measure.
3. The mortgaged property has been disposed of.
4. As agreed by the parties.
Subsection 4. DEPOSIT, ESCROW, ESCROW
Article 328. Deposits
1. Deposit means the handover by one party (hereinafter referred to as the depositing party) to the other party (hereinafter referred to as the receiving party).
deposit) a sum of money or precious metals, gems or other valuables (hereinafter collectively referred to as assets).
deposit) for a period to secure the conclusion or performance of the contract.
2. In case the contract is concluded and performed, the deposit property shall be returned to the depositor
or deducted to fulfill the payment obligation; If the depositor refuses to enter into the contract, perform the contract
VND, the deposit property belongs to the deposit recipient; if the deposit recipient refuses to enter into the contract,
To perform the contract, the depositor must pay the deposit of the property and an amount equivalent to the price
value of the deposited property, unless otherwise agreed.
Article 329. Deposits
1. A security deposit is the fact that the lessee of a movable property hands over to the lessor a sum of money or metal
precious, precious stones or other valuables (hereinafter referred to as collateral) for a period of time to
guarantee the return of the leased property.
2. In case the leased property is returned, the lessee is entitled to receive the security deposit back after paying
to rent; if the lessee does not return the leased property, the lessor has the right to reclaim the leased property; if talented
If the leased property is no longer available to return, the collateral property belongs to the lessor.
Article 330. Deposits
1. Escrow is the fact that the obligor deposits a sum of money or precious metals, gems or valuable papers
into an escrow account at a credit institution to secure the performance of obligations.
2. Where the obligor fails to perform or improperly performs the obligation, the obligor shall
the right to be paid by the credit institution where the deposit is deposited, and to compensate for damage caused by the obligor,
after deducting service charges.
3. Procedures for sending and payment shall comply with the provisions of law.
Subsection 5. RESERVATION OF PROPERTY RIGHTS
Article 331. Ownership reservation
1. In the sale and purchase contract, the ownership of the property may be reserved by the seller until the
payment is made in full.
2. Ownership reservation must be made in a separate document or stated in the purchase contract
sell.
3. Ownership reservation becomes effective against a third party from the time of registration.
Article 332. Right to reclaim property
In case the buyer fails to fulfill the payment obligation to the seller as agreed, the
seller has the right to reclaim the property. The seller refunds the buyer the amount paid by the buyer after
minus the value of depreciation of the property due to use. In case the buyer loses or damages the property, the seller
has the right to claim damages.
Article 333. Rights and obligations of the property purchaser
1. Use the property and enjoy the yields and profits from the property during the period of effective title retention
force.
2. Bear the risk of property during the term of title retention, unless otherwise agreed.
Article 334. Termination of title retention
Ownership reservation terminates in the following cases:
1. The payment obligation to the seller has been fulfilled.
2. The seller receives back the property with retention of ownership.
3. As agreed by the parties.
Subsection 6. WARRANTY
Article 335. Guarantee
1. Guarantee is the commitment by a third person (hereinafter referred to as the guarantor) to the obligee (hereinafter referred to as the guarantor).
referred to as the guarantor) will perform the obligation on behalf of the obligor (hereinafter referred to as the obligee).
guarantee), if the obligee fails to perform by the due date, or
improper performance of obligations.
2. The parties may agree that the guarantor only has to perform the obligation on behalf of the beneficiary
guarantee in case the obligee is unable to perform the guarantee obligation.
Article 336. Scope of guarantee
1. The guarantor may undertake to guarantee part or all of the obligations to the obligee.
2. Guarantee obligation including interest on principal, fines, compensation for damage, interest on amount
late payment, unless otherwise agreed.
3. The parties may agree to use property security measures to secure the performance of their obligations
guarantee service.
4. Where the guaranteed obligation is an obligation arising in the future, the scope of the guarantee
does not include obligations arising after the death of the guarantor or the termination of the guarantor legal entity
exist.
Article 337. Remuneration
The guarantor is entitled to remuneration if the guarantor and the guarantor agree.
Article 338. Multiple guarantors
When many people jointly guarantee an obligation, they must jointly perform the guarantee, except
where there is an agreement or the law provides for a guarantee in independent parts; the obligee may
require any of the joint guarantors to perform the entire obligation.
When one of the joint guarantors has performed all the obligations on behalf of the other party
guaranteed, has the right to require the remaining guarantors to perform part of their obligations
theirs to themselves.
Article 339. Relationship between the guarantor and the guarantor
1. Where the guaranteed party fails to perform or improperly performs its obligations nghĩa
then the guarantor has the right to require the guarantor to perform the guarantee obligation, unless
Where the parties have an agreement that the guarantor must perform the obligation only on behalf of the guaranteed
in case the obligee is unable to perform the obligation.
2. The guarantor may not require the guarantor to perform obligations on behalf of the obligee
guarantee when the obligation is not yet due.
3. The guarantor is not required to perform the guarantee obligation in the event that the guarantor has
can offset obligations to the guaranteed party.
Article 340. Right to claim of the guarantor
The guarantor has the right to require the obligee to perform its obligations towards it within the scope of the guarantee
guarantee obligations have been performed, unless otherwise agreed.
Article 341. Exemption from the performance of guarantee obligations
1. In case the guarantor has to perform the guarantee obligation but the guarantor is exempted from work
perform an obligation for the guarantor, the obligee is not required to perform the obligation to the guarantor
the guarantee party, unless otherwise agreed or prescribed by law.
2. Where only one of the joint guarantors is exempt from performing part
guarantee obligations, others must still perform their guarantee obligations.
3. Where one of the guarantors jointly exempts the guarantor from
The guarantor must still perform the remaining part of the obligation
to the remaining joint guarantors.
Article 342. Civil liability of the guarantor
1. In case the obligee fails to perform or improperly performs the obligation, the obligee shall
guarantee to fulfill that obligation.
2. In case the guarantor fails to properly perform the guarantee obligation, the guarantor may
the right to request the guarantor to pay the value of the breached obligation and to pay compensation for damage.
Article 343. Termination of guarantee
The guarantee terminates in the following cases:
1. The guaranteed obligation is terminated.
2. The guarantee is canceled or replaced by another security measure.
3. The guarantor has performed the guarantee obligation.
4. As agreed by the parties.
Subsection 7. CREDIT
Article 344. Mortgage security of socio-political organizations
The grassroots socio-political organizations can provide unsecured credit for poor individuals and households
Borrow a sum of money from a credit institution for production, business and consumption in accordance with the provisions of law
the law.
Article 345. Form and content of mortgage
Loans secured by unsecured loans must be made in writing and certified by the organization
political - social security secured by the credit of the borrower's conditions and circumstances.
The agreement on unsecured security must be specific about the amount, purpose, loan term, interest rate, rights,
obligations and responsibilities of borrowers, lending credit institutions and socio-political organizations
secured by credit.
Subsection 8. HOLDING PROPERTY
Article 346. Property lien
A lien is when the obligee (hereinafter referred to as the lien) is legally holding the property
being the subject of a bilateral contract is entitled to seize property in the event that the obligor
failure to perform or improper performance of obligations.
Article 347. Establishment of property lien
1. A lien on property arising from the time when the obligation is due, but the obligor does not
performance or improper performance of an obligation.
2. The lien on property takes effect against a third party from the time the lien party
seize property.
Article 348. Rights of the lien
1. Require the obligor to fully perform the obligations arising from the bilateral contract.
2. To request the obligor to pay necessary expenses for the preservation and preservation of the pledged property
Hold.
3. To exploit the held property to collect yields and profits if the obligor agrees.
The value of the exploitation of the lien is offset against the obligor's obligation.
Article 349. Obligations of the lien
1. To keep and preserve the property held.
2. Not to change the status of the lien property.
3. Not to transfer or use the property held without the consent of the obligee
service.
4. Hand over the lien property when the obligation has been performed.
5. Compensate for damage if the property is lost or damaged.
Article 350. Termination of lien
The lien on property shall terminate in the following cases:
1. The lien party no longer holds the property in fact.
2. The parties agree to use other security measures to replace the lien.
3. Obligations have been fulfilled.
4. The mortgaged property no longer exists.
5. As agreed by the parties.
Section 4. CIVIL RESPONSIBILITIES
Article 351. Civil liability for breach of obligation
1. If the obligee violates the obligation, he/she shall bear civil liability towards the obligee.
Breach of obligation means the obligor's failure to perform an obligation on time, failure to perform
fulfill the obligations or perform improperly the contents of the obligations.
2. Where the obligor fails to properly perform the obligation due to a force majeure event, it shall not
shall bear civil liability, unless otherwise agreed upon or otherwise provided for by law.
3. The obligor is not liable for civil liability if it can prove that the obligation has not been performed
present is entirely the fault of the obligee.
Article 352. Responsibility to continue performing obligations
When the obligor fails to perform its obligations properly, the obligee is entitled to request the obligee to
obliged to continue to perform the obligation.
Article 353. Delay in performing obligations
1. Late performance of an obligation means that an obligation has not yet been performed or has only been performed one
when the time limit for performing the obligation has expired.
2. The party that is late in performing an obligation must immediately notify the obligee of the non-performance
obligations on time.
Article 354. Postponement of performance of obligations
1. When it is impossible to perform an obligation on time, the obligor must immediately notify
notify the obligee and request a postponement of the performance of the obligation.
If the obligee fails to notify the obligee, the obligor must compensate for the damage caused
birth, unless otherwise agreed or due to objective reasons it is impossible to notify.
2. The obligee may postpone the performance of the obligation, if so agreed by the obligee. Real work
The performance of an obligation when it is postponed is still considered to be performed on time.
Article 355. Delay in receiving the performance of obligations
1. Late acceptance of the performance of an obligation is when the time limit for performance of the obligation is reached and the obligor
performed but the obligee does not accept the performance of such obligation.
2. In case of delay in receiving the object of the obligation as property, the obligor may deposit the asset
property at the place of deposit, keep the property or take other necessary measures to preserve the property and have
right to demand payment of reasonable expenses. In case the property is deposited, the obligor must
immediately notify the obligee.
3. For property in danger of being damaged, the obligor has the right to sell such property and must notify
immediately notify the obligee, pay the obligee the proceeds from the sale of the property after
less the reasonable costs of preserving and selling the property.
Article 356. Liability for failure to perform the obligation to deliver objects
1. Where the obligation to deliver a particular object is not performed, the aggrieved party has the right to demand
request the violating party to deliver the correct object; If the item is no longer available or damaged, the price must be paid
value of the object.
2. In case the obligation to deliver objects of the same type is not performed, the aggrieved party has the right to claim
request the violating party to hand over other objects of the same type; If there is no other similar item to replace it, it must
pay the value of the object.
3. In case the breach of obligations specified in Clauses 1 and 2 of this Article causes damage,
to the aggrieved party, the aggrieved party must compensate for the damage.
Article 357. Liability for late performance of payment obligations
1. In case the obligor is late to pay, that party must pay interest on the corresponding amount of late payment
corresponding to the late payment period.
2. Interest rate arising due to late payment is determined by agreement of the parties but not
may exceed the interest rate specified in Clause 1, Article 468 of this Code; if do not have
agreement shall comply with the provisions of Clause 2, Article 468 of this Code.
Article 358. Liability for not performing or not performing a job một
1. Where the obligor fails to perform a task that it is required to perform, the obligor shall
The right may require the obligor to continue performing or perform it himself or
other person to perform such work and request the obligor to pay reasonable expenses and compensate for damage
harmful.
2. When the obligor is not allowed to perform a task but does it, the obligee shall
has the right to request the obligor to terminate the performance, restore the
initial compensation and damages.
Article 359. Liability due to delay in receiving the performance of obligations
The obligee is late in accepting the performance of the obligation, causing damage to the obligee
then must compensate that party for damage and bear all risks and expenses arising from the time of
slow to receive, unless otherwise provided for by law.
Article 360. Liability to compensate for damage caused by breach of obligations
In case of damage caused by a breach of an obligation, the obligor must compensate for the entire amount
damage, unless otherwise agreed or otherwise provided by law.
Article 361. Damage caused by breach of obligations
1. Damage caused by breach of obligation includes material damage and mental damage.
2. Material damage means the actual physical loss that can be determined, including loss of property, expenses
reasonable cost to prevent, limit, or remedy the loss or loss of actual income.
3. Mental damage is a mental loss caused by infringing upon life, health, honor,
dignity, reputation and other personal interests of a subject.
Article 362. Obligation to prevent and limit damage
The obligee must take all necessary and reasonable measures to prevent damage from occurring or to limit
damage to yourself.
Article 363. Compensation for damage in case the aggrieved party is at fault
In case of breach of an obligation and damage is partly due to the fault of the aggrieved party, the breaching party
only have to pay damages corresponding to the extent of their fault.
Article 364. Errors in civil liability
Errors in civil liability include intentional errors, unintentional errors.
Intentional error is a case where a person is well aware that his or her actions will cause damage to others
but still do and want or though unwillingly allow the damage to happen.
An inadvertent error is a case where a person does not foresee his or her actions have the potential to cause damage,
despite knowing or being able to foresee the damage that will occur or foresee that his or her behavior is likely to
potential to cause harm, but assumes that damage will not occur or can be prevented.
Section 5. TRANSFER OF RIGHTS TO REQUIREMENTS AND TRANSFER OF OBLIGATIONS
Article 365. Transfer of right to request
1. The party entitled to demand performance of an obligation may transfer such right to demand to a substitute
rights as agreed, except for the following cases:
a) The right to demand alimony, claim compensation for damage caused by infringing upon life, health,

honor, dignity, prestige;
b) The obligee and the obligee have an agreement or the law provides for the failure to
transfer of claim rights.
2. When the obligee transfers the right to claim to the subrogator, the subrogator
become the claimant. The transfer of the right to claim does not require the consent of the party
have to do.

Page 5

The assignor of the right to request must notify the obligee in writing of the
transfer the right to claim, unless otherwise agreed. In case the transferor
right to require no notice of the assignment of the right at the expense of the obligee
service, the licensor requires payment of this cost.
Article 366. Obligation to provide information and transfer documents
1. The transferor of the right to request must provide necessary information and transfer relevant papers
authority for the surrogate.
2. The person assigning the right to claim violates the obligations specified in Clause 1 of this Article and causes damage
damage must be compensated.
Article 367. Not taking responsibility after transferring the right to claim
The person assigning the right to claim is not responsible for the ability to perform the obligation
of the obligor after the transfer of the right to claim, unless otherwise agreed.
Article 368. Transfer of the right to request a measure to secure the performance of an obligation
If the right to demand the performance of an obligation contains a security measure, the transfer of the right
the claim includes such security.
Article 369. Obligee's right to refuse
1. Where the obligor is not notified of the transfer of the right to claim and
If the subrogator fails to prove the authenticity of the transfer of the claim, the
obligor has the right to refuse to perform the obligation towards the subrogator.
2. Where the obligor is not notified of the transfer of the right to claim but
has performed the obligation towards the assignor of the right to claim, the subrogator cannot
require the obligor to perform the obligation towards him.
Article 370. Transfer of obligations
1. The obligee may transfer the obligation to the obligee if so requested by the obligee
agree, unless the obligation is related to the person of the obligor or is required by law
obligation not to be transferred.
2. When an obligation is transferred, the obligor becomes the obligor.
Article 371. Transfer of obligations with security measures
If an obligation with a security is transferred, that security shall be terminated
terminate, unless otherwise agreed.
Section 6. TERMINATION OF OBLIGATIONS
Article 372. Grounds for termination of obligations
The obligation terminates in the following cases:
1. Obligations are fulfilled;
2. As agreed by the parties;
3. The obligee is exempt from performing the obligation;
4. Obligations are replaced by other obligations;
5. Obligations are cleared;
6. The obligee and the obligee are merged into one;
7. The statute of limitations for discharge from obligations has expired;
8. The obligor being an individual dies or the legal entity ceases to exist, but the obligation must be
such individual or juridical person does;
9. The obligee is an individual who dies but the claim is not part of the inheritance or is a legal entity
cease to exist without the right to claim being transferred to another legal entity;
10. The specific object that is the object of the obligation no longer exists and is replaced by another obligation;
11. Other cases prescribed by law.
Article 373. Fulfillment of obligations
An obligation is fulfilled when the obligor has performed the entire obligation or
part of the obligation, but the rest is exempted from performance by the obligee.
Article 374. Fulfillment of obligations in case the obligee is late in receiving the subject
of obligation
When the obligee is late to receive the object of the obligation as property, the obligation is fulfilled at
the point where the property has been deposited at the place of depository under the provisions of Clause 2, Article 355 of the Code
this.
Article 375. Termination of contractual obligations
The parties may agree to terminate the obligations at any time, but must not cause damage to
national interests, national interests, public interests, legitimate rights and interests of others.
Article 376. Termination of obligations due to exemption from performance of obligations
1. An obligation terminates when the obligee exempts the obligee from performing the obligation, except
unless otherwise provided by law.
2. When the obligation with a security interest is waived, the security interest shall also terminate.
Article 377. Termination of obligations due to being replaced by other obligations
1. Where the parties agree to replace the original obligation with another, the original obligation
end ends.
2. Obligation also terminates, if the obligee has taken over property or other work
for pre-agreed property or work.
3. In case the obligation is the obligation to support and pay compensation for damage caused by infringing on life and health,
Health, honor, dignity, reputation and other obligations attached to personal identity cannot be transferred
can be given to another person shall not be replaced by another obligation.
Article 378. Termination of obligations due to clearing of obligations
1. Where the parties have an obligation on property of the same type towards each other, when they are due, they
are not required to perform obligations towards each other and the obligations are deemed terminated, except in the case of law
there are other provisions.
2. In case the value of the property or the job is not equivalent, the parties shall pay
calculate the difference between each other.
3. Items valued for money can also offset the obligation to pay.
Article 379. Cases in which obligations cannot be cleared
Obligations are not offset in the following cases:
1. Obligations are in dispute;
2. Obligation to compensate for damage caused by infringing on life, health, honor, dignity and reputation;
3. Support obligations;
4. Other obligations prescribed by law.
Article 380. Termination of obligations due to merging of obligee and obligee
When the obligor becomes the obligee to the obligation itself, the obligation terminates.
Article 381. Termination of obligations due to expiration of the statute of limitations for discharge
When the statute of limitations for exemption from obligations has expired, the obligation shall terminate.
Article 382. Termination of obligations when the obligee being an individual dies or a legal entity terminates
exist
When the parties have an agreement or the law provides that an obligation is performed only for
to an individual or juridical person who is the rightful party that the individual dies or the juridical person ceases to exist
the obligation also ends.
Article 383. Termination of obligations when the specific object no longer exists
The obligation to hand over an object shall terminate in case the object to be delivered is a specific object no longer available.
The parties may agree to replace the object or compensate for the damage.
Article 384. Termination of obligations in case of bankruptcy
In case of bankruptcy, the obligation shall terminate according to the provisions of the Bankruptcy Law.
Section 7. CONTRACT
Subsection 1. ENTERING CONTRACT
Article 385. Definition of contract
Contract is an agreement between parties on the establishment, change or termination of rights and obligations
Civil.
Article 386. Proposal for entering into a contract
1. An offer to enter into a contract is a clear expression of the intention to enter into a contract and to be bound by it
this offer by the offeror to an identified party or to the public (hereinafter collectively referred to as
is the proposed party).
2. In the case of an offer to enter into a contract, clearly stating the time limit for reply, if the offeror re-enters the contract
contract with a third party while waiting for the offeree's reply, he/she must compensate for damage
to the offeree without entering into a contract if damage is incurred.
Article 387. Information in entering into a contract
1. Where one party has information affecting the other party's acceptance to enter into a contract
must notify the other party.
2. In case one party receives the other party's confidential information in the course of entering into a contract
is responsible for keeping the information confidential and may not use it for its own purposes
themselves or for other unlawful purposes.
3. If the party violating the provisions of Clauses 1 and 2 of this Article causes damage, it must compensate.
Article 388. Effective date of proposal for entering into a contract
1. The effective date of an offer to enter into a contract is determined as follows:
a) To be fixed by the offeror;
b) If the offeror does not specify, the offer to enter into a contract takes effect from the date the offeree
request to receive such request, unless otherwise provided for by relevant laws.
2. The following cases are considered to have received an offer to enter into a contract:
a) The offer is transferred to the place of residence, if the offeree is an individual; transferred to headquarters,
if the proposed party is a juridical person;
b) The offer is included in the official information system of the offeree;
c) When the offeree learns of the offer to enter into a contract through other methods.
Article 389. Change or withdrawal of the proposal for entering into a contract
1. The party offering to enter into a contract may change or withdraw its offer to enter into a contract in the event that
the following case:
a) The offeree receives notice of the change or withdrawal of the offer before or at the same time
with the time of receipt of the offer;
b) Conditions for changing or withdrawing an offer arise in case the offeror clearly states that
may change or withdraw the offer when such condition arises.
2. When the offeror changes the contents of the offer, it is a new offer.
Article 390. Cancellation of an offer to enter into a contract
The offeror to enter into a contract may cancel the offer if it has clearly stated this right in the offer and
the offeree receives notice of the cancellation of the offer before he/she sends the notice
accept the offer to enter into a contract.
Article 391. Termination of request for contract conclusion
It is recommended to terminate the contract in the following cases:
1. The offeree accepts to enter into a contract;
2. The offeree's reply does not accept;
3. Expiry of the time limit for replying to accept;
4. When the notice of change or withdrawal of the offer takes effect;
5. When the notice of cancellation of the offer takes effect;
6. According to the agreement of the offeror and the offeree within the time limit waiting for the offeree to pay
word.
Article 392. Amendment to the offer proposed by the offeree
When the offeree has accepted to enter into a contract, but conditions or amendments to the offer are stated,
proposal, it is considered that this person has made a new proposal.
Article 393. Acceptance of offers to enter into contracts
1. Acceptance of an offer to enter into a contract is the offeree's reply to its full acceptance
content of the proposal.
2. The offeree's silence is not considered acceptance of the offer to enter into a contract, except,
where there is an agreement or custom established between the parties.
Article 394. Time limit for reply to accept the conclusion of the contract
1. When the offeror has fixed a time limit for reply, the acceptance reply will only take effect when it is made
present within that period; if the party offering to enter into a contract receives a reply after the time limit for payment has expired
reply, this acceptance shall be considered as a new offer of the late party.
When the offeror does not specify the time limit for reply, the acceptance reply is valid only if possible
performed within a reasonable time.
2. In case the notice of acceptance to enter into the contract is delayed due to objective reasons that the
If the request to know or ought to know about this objective reason, the notice of acceptance to enter into the contract is still available
valid, unless the offeror immediately replies that he or she disagrees with the offeree's acceptance
recommended.
3. When the parties communicate directly with each other, including in the case of telephone or
otherwise, the offeree must immediately reply with acceptance or disapproval, unless
if the parties have agreed on the time limit for reply.
Article 395. In case the party offering to enter into a contract dies or loses civil act capacity
or have difficulty with cognition, behavior control
In case the requesting party dies, loses its civil act capacity or has difficulties in cognition,
After the offeree replies that he accepts to enter into a contract, he/she proposes to enter into a contract
The contract is still valid, unless the content of the contract is related to the offeror's identity.
Article 396. In case the party offered to enter into a contract dies or loses civil act capacity
difficulty in cognition or behavior control
In case the offeree has accepted to enter into the contract but later dies or loses capacity
civil acts or have difficulties in perception and behavior control, the answer is to accept the assignment
The contract is still valid, unless the content of the contract is related to the identity of the party in question
recommended.
Article 397. Withdrawal of notice of acceptance to enter into a contract
The party offered to enter into a contract may withdraw the notice of acceptance to enter into the contract, if
this notice of withdrawal shall come before or at the same time as the requester receives a reply of acceptance
receive the contract.
Article 398. Content of the contract
1. The parties to a contract have the right to agree on the contents of the contract.
2. A contract may contain the following contents:
a) The subject matter of the contract;
b) Quantity and quality;
c) Price, payment method;
d) Time limit, place and method of contract performance;
d) Rights and obligations of the parties;
e) Liability for breach of contract;
g) Dispute settlement method.
Article 399. Place for entering into a contract
The place for entering into the contract shall be agreed upon by the parties; If there is no agreement, the place of contract
The contract is the place of residence of the individual or the head office of the legal entity that has made the offer to enter into the contract
copper.
Article 400. Time of contract conclusion
1. The contract is entered into at the time the offeror receives the acceptance to enter into the contract.
2. In case the parties agree to remain silent, it is a response to accept the conclusion of the contract within a period of time
time limit, the time of entering into the contract is the last time of that time limit.
3. The time of entering into a verbal contract is the time when the parties have agreed on the content of the contract
contract.
4. The time of entering into a written contract is the time when the last party signs the document or in writing
Other forms of acceptance are shown in writing.
In case a contract is entered into orally and then is established in writing, the time
entering into a contract shall be determined according to Clause 3 of this Article.
Article 401. Effect of the contract
1. Lawfully entered into contracts takes effect from the time of signing, unless otherwise agreed
otherwise provided by the relevant law or agreement.
2. From the time the contract takes effect, the parties must perform their rights and obligations towards each other according to
commitment. The contract can only be modified or canceled by agreement of the parties or in accordance with the law
provisions of the law.
Article 402. Main types of contracts
Contracts include the following main types:
1. A bilateral contract is a contract in which each party has obligations towards each other.
2. A unilateral contract is a contract in which only one party has obligations.
3. Main contract is a contract whose validity does not depend on the sub-contract.
4. Sub-contract is a contract whose validity depends on the main contract.
5. A contract for the benefit of a third party is a contract that the contracting parties must perform
performance of an obligation and a third party benefits from the performance of that obligation.
6. A conditional contract is a contract whose performance depends on arising or changing
or terminate a certain event.
Article 403. Contract appendices
1. A contract may have an appendix attached to detail a number of terms of the contract. Extra
the contract has the same effect as the contract. The content of the contract appendix must not be contrary to the content of the contract
content of the contract.
2. If the contract appendix contains a clause that is contrary to the content of the contract's terms, then
This provision shall have no effect, unless otherwise agreed. In case the parties agree
If you receive a contract appendix with a clause that is contrary to the terms of the contract, it will be treated as that provision
in the contract has been modified.
Article 404. Interpretation of contracts
1. When a contract contains an unclear term, the interpretation of that term is not based solely on
wording of the contract, but also must be based on the will of the parties expressed in the whole process
prior to, at the time of establishment and performance of the contract.
2. When a contract contains terms or words that can be understood in many different meanings, it must be explained
appropriate in the sense that best suits the purpose and nature of the contract.
3. When a contract contains terms or words that are difficult to understand, it must be explained according to local custom
contract point.
4. The terms of the contract must be interpreted in relation to each other, so that the meaning
of those terms are consistent with the entire contract.
5. In case there is a conflict between the common will of the parties and the words used in the contract
the common will of the parties is used to interpret the contract.
6. In case the drafting party includes in the contract a content that is unfavorable to the other party, when explaining appropriately
contract must be in favor of the other party.
Article 405. Model contracts
1. Model contract is a contract that includes provisions made by one party according to the form for the other party
respond within a reasonable time; If the offeree responds with acceptance, it is considered acceptance
the entire content of the contract according to the form provided by the offeror.
Model contracts must be made public so that the offeree knows or should know about the contents of the contract
content of the contract.
The order and mode of publicizing the contract according to the form shall comply with the provisions of law.
2. In case the model contract has unclear terms, the party offering the model contract
be at a disadvantage in interpreting that provision.
3. In case a model contract contains a provision to exempt the party offering the contract under
model, increase liability or eliminate legitimate interests of the other party, this provision is not available
effective, unless otherwise agreed.
Article 406. General transaction conditions in entering into contracts
1. General trading conditions are stable terms announced by one party for general application
to the party offered to enter into a contract; if the offeree accepts to enter into the contract, then
be deemed to have accepted these terms.
2. General trading conditions are only valid for the party that establishes the transaction in case the condition is
this transaction has been made public so that the party establishing the transaction knows or should know about that condition.
The order and mode of publicizing general trading conditions shall comply with the provisions of law.
3. General transaction conditions must ensure equality between the parties. In case of delivery conditions
General translation has provisions on the exemption of liability of the party providing the general transaction conditions, increasing liability
responsibility or eliminate the legitimate interests of the other party, this provision is invalid, unless
otherwise agreed upon.
Article 407. Invalid contract
1. The provisions on invalid civil transactions from Article 123 to Article 133 of this Code also apply
applicable to voidable contracts.
2. The invalidity of the main contract terminates the sub-contract, unless otherwise agreed by the parties
The subcontract agreement replaces the main contract. This provision does not apply to measures
guarantee the performance of obligations.
3. The invalidity of the sub-contract does not terminate the main contract, except in cases where the parties
The subcontract agreement is an integral part of the main contract.
Article 408. The contract is void due to an object that cannot be performed
1. If, right from the moment of conclusion, the contract has an object that cannot be performed, the contract
This is disabled.
2. The case when entering into a contract that one party knows or ought to know about whether the contract is
object could not be performed but did not notify the other party, so the other party entered into a contract
contract, it must compensate the other party for damage, unless the other party knows or ought to know about
the subject matter of the contract cannot be performed.
3. The provisions of Clauses 1 and 2 of this Article also apply to cases where the contract has
one or more parts of the object cannot be performed, but the remainder of the contract is still
effective.
Subsection 2. CONTRACT IMPLEMENTATION
Article 409. Performance of unilateral contracts
For a unilateral contract, the obligor must perform the obligation exactly as agreed, only
performed before or after the time limit if agreed by the obligee.
Article 410. Performance of bilateral contracts
1. In a bilateral contract, when the parties have agreed on a time limit for performance of their obligations, each party must:
perform its obligations when they are due; may not postpone performance on the ground that the other party has not yet performed
perform their obligations, except for the cases specified in Articles 411 and 413 of this Code.
2. If the parties do not agree on which party to perform the obligation first, the parties must agree
time to perform obligations towards each other; If the obligation cannot be performed at the same time, which obligation?
when performance takes longer, the obligation must be performed first.
Article 411. Right to postpone performance of obligations in bilateral contracts
1. The party that has to perform the obligation first has the right to postpone the performance of the obligation, if the ability to perform
the other party's obligation has been so severely reduced that it is impossible to perform such an obligation
committed until the other party is able to perform the obligation or has a security measure
perform obligations.
2. The party that is required to perform the following obligation has the right to postpone the performance of the due obligation if the performer thực
prior obligations have not yet performed their obligations when they are due.
Article 412. Property lien in bilateral contracts
In case the obligor fails to properly perform its obligations, the obligee shall establish
lien over the obligor's property under the provisions of Articles 346 to 350
of this Code.
Article 413. Obligations that cannot be performed due to one party's fault
In a bilateral contract, when one party fails to perform its obligations due to the fault of the other party
then has the right to require the other party to still perform its obligations towards him or to cancel the contract and
claim for damages.
Article 414. Failure to perform obligations but not due to the fault of the parties
In a bilateral contract, if one party fails to perform an obligation and neither of the parties
failure, the party that fails to perform the obligation has no right to require the other party to perform the obligation
with me. In case a party has partially performed an obligation, it has the right to request the other party
perform their respective obligations.
Article 415. Performance of a contract for the benefit of a third party
When performing a contract for the benefit of a third party, the third party has the right to directly request the party to
have the obligation to perform obligations towards themselves; if the parties to the contract have a dispute about
performance of the contract, the third party is not entitled to demand performance until the
dispute is resolved.
The obligee may also require the obligor to perform the contract for the benefit of a third party.
Article 416. Right to refuse by third parties
1. Where a third party refuses its benefits before the obligor performs the obligation
then the obligor is not required to perform the obligation, but must notify the obligee and contract
contract is considered canceled, the parties must return to each other what has been received.
2. In case the third party refuses its benefits after the obligor has performed the obligation
then the obligation is considered fulfilled and the obligee still has to perform its commitment to the other party
have to do. In this case, the benefit arising from the contract belongs to the party whose contract
not for the benefit of a third party, they are the beneficiaries, unless otherwise agreed.
Article 417. Not to modify or cancel the contract for the benefit of a third party
When the third party has agreed to enjoy the benefits, even though the contract has not been performed, the contracting parties
The contract also may not amend or cancel the contract, except in the case of a third party
agree.
Article 418. Agreement on fines for violations
1. Penalty for breach is an agreement between the parties in a contract, whereby the breaching party is obliged to:
pay a sum of money to the aggrieved party.
2. The level of fines for violations shall be agreed upon by the parties, unless otherwise provided for by relevant laws.
3. The parties may agree that the party in breach of the obligation only has to pay a penalty for the violation, but not
must pay compensation for damage or must both pay a fine for the violation and have to pay compensation for damage.
In case the parties have an agreement on the penalty for violation but do not agree on the amount to be paid
If the breaching party has to pay the penalty for the violation and must pay compensation for the damage, the party that violates the obligation will only have to pay the penalty for the violation.
Article 419. Compensation for damage caused by breach of contract
1. Compensation for damage caused by breach of contractual obligations is determined in accordance with the provisions of
Clause 2 of this Article, Article 13 and Article 360 ​of this Code.
2. An obligee may claim damages for benefits he or she would otherwise have enjoyed as a result of
contract brings. The obligee can also demand the obligee to pay the costs incurred
due to non-fulfillment of contractual obligations that do not overlap with the level of compensation for damage to
benefits of the contract.
3. At the request of the obligee, the court may compel the obligee to pay damages for
spirit for those in power. The level of compensation shall be decided by the Court based on the contents of the case.
Article 420. Performance of a contract when circumstances change fundamentally
1. Circumstances change fundamentally when the following conditions are fully satisfied:
a) The change of circumstances due to objective causes occurs after the conclusion of the contract;
b) At the time of entering into the contract, the parties cannot foresee the change of circumstances;
c) Circumstances have changed so much that if the parties had known in advance, the contract would not have been delivered
contracted or contracted but with completely different content;
d) The continuation of the contract performance without changing the contract content will cause damage
serious for one party;
dd) The affected party has taken all necessary measures within its ability to permit, in accordance with the law
consistent with the nature of the contract without being able to prevent or minimize the impact on profits
useful.
2. In the event of a fundamental change in circumstances, the party with interests affected has the right to request the party to
renegotiate the contract within a reasonable time.
3. In case the parties cannot agree on the modification of the contract within a period of time
reasonably, one of the parties may ask the Court to:
a) Termination of the contract at a definite time;
b) Amendment of the contract to balance the legitimate rights and interests of the parties due to changing circumstances
copy.
The court may only decide on the modification of the contract in the event that the termination of the contract will
cause damage greater than the costs to perform the contract if modified.
4. In the course of negotiation to amend and terminate the contract, the Court settles the case, the parties still
must continue to perform their obligations under the contract, unless otherwise agreed.
Subsection 3. MODIFICATION, TERMINATION OF CONTRACT
Article 421. Contract modification
1. The parties may agree to amend the contract.
2. The contract may be amended according to the provisions of Article 420 of this Code.
3. The revised contract must follow the form of the original contract.
Article 422. Termination of contract
The contract terminates in the following cases:
1. The contract has been completed;
2. As agreed by the parties;
3. The individual entering into the contract dies, the legal person entering into the contract ceases to exist, but the contract
must be performed by that individual or legal entity;
4. The contract is canceled or unilaterally terminated;
5. The contract cannot be performed because the subject matter of the contract no longer exists;
6. The contract is terminated according to the provisions of Article 420 of this Code;
7. Other cases prescribed by law.
Article 423. Cancellation of contracts
1. A party has the right to cancel the contract and not have to compensate for damage in the following cases
here:
a) The other party's breach of the contract is the cancellation condition agreed upon by the parties;
b) The other party seriously violates the contractual obligations;
c) Other cases prescribed by law.
2. Serious breach is the failure to properly perform a party's obligations to the extent that it causes the other party to fail
the other fails to achieve the purpose of entering into the contract.
3. The party canceling the contract must immediately notify the other party of the cancellation, if not
causing damage must be compensated.
Article 424. Cancellation of contracts due to late performance of obligations
1. Where the obligor fails to properly perform the obligation that the obligee requests to perform
obligation within a reasonable period of time but the obligor fails to perform, the obligee may
contract cancellation.
2. Where due to the nature of the contract or the will of the parties, the contract will not be reached
the purpose if not performed within a certain period of time within which the obligor
If the other party fails to properly perform the obligations, the other party has the right to cancel the contract without having to comply with the
specified in Clause 1 of this Article.
Article 425. Cancellation of contracts due to inability to perform
Where the obligor is unable to perform part or all of its obligations
renders the obligee's purpose unattainable, the obligee may terminate the contract
and claim damages.
Article 426. Cancellation of contracts in cases where property is lost or damaged
In case one party loses or damages the property that is the subject of the contract, it cannot be refunded
If the other party pays or compensates with another property or cannot repair or replace it with an asset of the same type, the other party
reserves the right to cancel the contract.
The violating party must compensate in cash equal to the value of the lost or damaged property, except
otherwise agreed or prescribed in Clauses 2 and 3, Article 351 and Article 363 of the Code
this.
Article 427. Consequences of contract cancellation
1. When a contract is canceled, the contract will not take effect from the time of signing
must perform the agreed-upon obligations, except for the agreement on fines for violations, compensation for damage and agreements
agreement on dispute settlement.
2. The parties must return to each other what they have received after deducting reasonable costs in the performance of the contract
money and costs of property preservation and development.
Refund is made in kind. In case it is not possible to refund in kind,
be worth the money for reimbursement.
In case both parties are obliged to return, the refund must be made at the same time
points, unless otherwise agreed or otherwise provided by law.
3. The party suffering damage due to the other party's breach of obligations shall be compensated.
4. The settlement of consequences of contract cancellation related to moral rights shall be governed by this Code
and other relevant laws.
5. In case the contract cancellation has no grounds prescribed in Articles 423, 424, 425 and 426
of this Code, the party canceling the contract is determined to be the party in breach of its obligations and must perform
Civil liability for failure to properly perform obligations as prescribed in this Code or other laws
relate to.
Article 428. Unilateral termination of contract performance
1. A party has the right to unilaterally terminate the performance of the contract and not have to pay compensation for damage
when the other party seriously violates the obligations in the contract or the parties have an agreement or law
provided by law.
2. The party unilaterally terminating the performance of the contract must immediately notify the other party of the
terminating the contract, if not giving notice, causing damage, they must compensate.
3. When a contract is unilaterally terminated, the contract terminates from the time the other party terminates
termination notice is received. The parties are not required to continue to perform their obligations, except for the agreement on
penalties for violations, compensation for damages and agreements on dispute settlement. Party has performed
The obligation has the right to demand the other party to pay the part of the obligation performed.
4. The party suffering damage due to the other party's failure to perform its contractual obligations is compensated
often.
5. In case the unilateral termination of contract performance has no grounds specified in Clause
1 In this Article, the party that unilaterally terminates the performance of the contract is determined to be the party in breach
duties and must perform civil responsibilities in accordance with the provisions of this Code and other relevant laws
failure to properly perform its obligations under the contract.
Article 429. Statute of limitations for initiating lawsuits over contracts
The statute of limitations for initiating a lawsuit to request the Court to settle a contract dispute is 3 years from the date the
have the right to demand to know or to know that their legitimate rights and interests have been infringed.
Chapter XVI

SOME COMMON CONTRACTS
Section 1. PROPERTY BUY AND SELL CONTRACT
Article 430. Property purchase and sale contract
A property sale and purchase contract is an agreement between parties whereby the seller transfers ownership
property to the buyer and the buyer pays the seller.
Contracts on house purchase and sale, house purchase and sale for other purposes shall be implemented in accordance with regulations
provisions of this Code, the Law on Housing and other relevant laws.
Article 431. Objects of sale and purchase contracts
1. Any property specified in this Code may be the subject of a sale and purchase contract. School
In accordance with the provisions of law, property is prohibited or restricted from being transferred, the property is the subject of
of the contract of sale must comply with those provisions.
2. The property for sale is owned by the seller or the seller has the right to sell.
Article 432. Quality of purchased and sold properties
1. The quality of the property to be purchased and sold shall be agreed upon by the parties.
2. Where the quality standards of the property have been announced or approved by the housing authority
regulated by the competent state, the parties' agreement on the quality of the property shall not be
lower than the quality of the property as determined by a published standard or as specified by
competent state agency.
3. When the parties do not have an agreement or the agreement is unclear on the quality of the purchased and sold properties
then the quality of the property for sale is determined according to the quality standard of the purchased asset
published, regulations of competent state agencies or industry standards.
In case there is no published quality standard of the property, the regulations of the
competent state agencies and industry standards, the quality of the property can be bought and sold
determined by a common standard or by a particular standard suitable for the purposes of the contract
contract and according to the provisions of the Law on Protection of Consumer Rights.
Article 433. Price and payment method
1. Price and payment method shall be agreed upon by the parties or determined by a third party upon request
demand of the parties. Where the law prescribes the price, the payment method must comply with the regulations
of a competent state agency, the agreement of the parties must be consistent with that provision.
2. Where there is no agreement or the agreement is unclear on the price, payment method
then the price is determined according to the market price, the payment method is determined according to the custom at

place and time of entering into the contract.
Article 434. Time limit for performance of sales contract
1. The time limit for performance of the sale and purchase contract shall be agreed upon by the parties. The seller must hand over the property to the other party
purchase on time as agreed; The seller may only deliver the property before or after the deadline if possible
Buyer agrees.
2. When the parties do not agree on the time limit for the delivery of the property, the buyer has the right to request the seller to hand over the property
The property and the seller also have the right to require the buyer to receive the property at any time, but must notify
a reasonable time in advance.
3. The buyer pays the purchase amount according to the agreed time. If unspecified or determined
If the payment time is not clear, the buyer must pay immediately at the time of receiving the property
purchase or receive documents certifying property ownership.
Article 435. Location of property delivery
The place of property delivery shall be agreed upon by the parties; If there is no agreement, the provisions of
Clause 2, Article 277 of this Code.
Article 436. Mode of property delivery giao
1. The property shall be delivered by the method agreed upon by the parties; If there is no agreement, the property
delivered by the seller once and directly to the buyer.
2. Where as agreed, the seller delivers the property to the buyer in several installments that the seller
improper performance of obligations at a certain time, the buyer may cancel the related part of the contract
in connection with that breach and claim damages.
Article 437. Liability due to wrong amount of property delivery
1. In case the seller delivers the property in a quantity higher than the agreed quantity, the buyer may
the right to receive or not to receive the excess; if received, must pay for the excess at the price
agreed in the contract, unless otherwise agreed.
2. In case the seller delivers less than the agreed quantity, the buyer has one of the rights:
The following:
a) Receive the delivered part and set a time limit for the seller to communicate the missing part;
b) Receive the delivered portion and claim compensation for damage;
c) Cancel the contract and claim damages if the breach causes the buyer to fail
for the purpose of entering into a contract.
Article 438. Liability due to asynchronous delivery of objects
1. In case the delivered object is not synchronized, making the use purpose of the object unattainable, then
Buyer has one of the following rights:
a) Receive and request the seller to communicate the missing part or parts, claim for damages and
defer payment of the part or part received until the item is delivered uniformly;
b) Cancel the contract and claim for damages.
2. In case the buyer has paid but has not received the item due to asynchronous delivery, interest will be paid on
with the amount paid at the agreed interest rate between the parties but must not exceed the interest rate
specified in Clause 1, Article 468 of this Code; If there is no agreement then follow
specified in Clause 2, Article 468 of this Code and request the seller to compensate for damage caused by the delivery of the object
asynchronous, from the time the contract must be performed until the object is delivered synchronously.
Article 439. Liability to deliver property of the wrong type
In case the delivered property is not of the right type, the buyer has one of the following rights:
1. Receive and pay at the price agreed upon by the parties.
2. Request for the delivery of property of the right type and compensation for damage.
3. Cancel the contract and claim for damages if the delivery is not of the right type, causing
the buyer fails to achieve the purpose of entering into the contract.
In case the property consists of many types but the seller fails to deliver as agreed upon for a
or certain types, the buyer may cancel the part of the contract relating to that type of property and demand
damages.
Article 440. Obligation to pay
1. The buyer is obliged to pay the money according to the time, place and amount specified in
contract.
2. Where the parties only agree on the time limit for the delivery of the property, the time limit for payment shall also be the same
determined in accordance with the delivery term of the property. If the parties do not agree on a time limit
When the property is delivered and the payment is due, the buyer must make the payment at the time of receiving the property.
3. In case the buyer fails to properly perform the payment obligation, he/she must pay interest on the late payment amount
according to the provisions of Article 357 of this Code.
Article 441. Time to take risks
1. The seller bears the risk of the property before the property is delivered to the buyer, the buyer bears the risk
with respect to the property from the time of receipt of the property, unless otherwise agreed or provided for by law
other determination.
2. For a property sale and purchase contract where the law stipulates that such property must be registered for ownership
then the seller bears the risk until the registration procedure is completed, the buyer bears the risk from the time of registration
complete registration procedures, unless otherwise agreed.
Article 442. Transportation costs and costs related to the transfer of title
1. Shipping costs and costs related to the transfer of ownership rights shall be agreed upon by the parties,
unless otherwise provided by law.
2. In case the parties do not have an agreement or the agreement is not clear, the shipping cost
and the costs associated with the transfer of title are measured at published costs,
regulations of competent authorities or industry standards.
3. If there is no basis for determination as prescribed in Clauses 1 and 2 of this Article, the cost
Shipping and costs associated with the transfer of title are determined by the standard
or to a particular standard appropriate for the purpose of entering into the contract.
4. Where the parties do not have an agreement and the law does not provide for transportation costs and
costs related to the transfer of title, the seller must bear the costs of transportation to the destination
the point of delivery of the property and the costs associated with the transfer of ownership.
Article 443. Obligation to provide information and instructions on how to use it
The seller is obliged to provide the buyer with necessary information about the property for sale and instructions
how to use the property; If the seller fails to perform this obligation, the buyer has the right to demand
the seller must do so within a reasonable time; if the seller still does not perform for the party
If the buyer fails to achieve the purpose of entering into the contract, the buyer has the right to cancel the contract and request
claim for damages.
Article 444. Guarantee of the buyer's ownership rights to the purchased and sold property
1. The seller is obliged to ensure that the ownership rights to the property sold to the buyer are not stolen
third dispute.
2. In case the property is disputed by a third party, the seller must side with the purchaser to protect the property
protect the interests of the buyer; if a third person has partial or full ownership of the purchased property
The buyer has the right to cancel the contract and request the seller to compensate for damage.
3. Where the buyer knows or ought to know that the purchased or sold property is owned by a third party,
If you still buy it, you must return the property to the owner and have no right to claim damages.
Article 445. Quality assurance of objects for sale and purchase
1. The seller must guarantee the use value or characteristics of the object for sale and purchase; if after buying that
If the buyer discovers a defect that devalues ​or reduces the use value of the purchased item, it must
Immediately notify the seller when detecting defects and have the right to request the seller to repair or exchange objects
with a disability to take other objects, reduce the price and compensate for damage, unless otherwise agreed.
2. The seller must ensure that the goods sold conform to the description on the package, the trademark or
in accordance with the model selected by the purchaser.
3. The seller is not responsible for the defects of the object in the following cases:
a) Defects that the purchaser knew or should have known at the time of purchase;
b) Auctioned objects, objects sold at second-hand shops;
c) Buyer is at fault causing defects of the object.
Article 446. Warranty obligations
The seller is obliged to provide a warranty for the purchased item for a period of time, called the warranty period.
if the warranty is agreed upon by the parties or provided for by law.
The warranty period is counted from the time the buyer is obliged to receive the item.
Article 447. Right to claim warranty
During the warranty period, if the buyer discovers a defect in the purchased object, it has the right to
request the seller to repair without paying, reduce the price, exchange the defective object for another object, or pay
return the item and get the money back.
Article 448. Repair of objects within the warranty period
1. The seller must repair the object and ensure that the object meets the quality standards or has all the characteristics
committed count.
2. The seller bears the cost of repairing and transporting the object to the place of repair and from the place of repair to the place of repair
the place of residence or place of office of the purchaser.
3. The buyer has the right to request the seller to complete the repair within the time limit agreed upon by the parties
agreement or within a reasonable time; if the seller cannot repair or cannot
If the repair is completed within that time limit, the buyer has the right to request a discount or exchange of valuables
disabled take another item or return the item and get a refund.
Article 449. Compensation for damage within the warranty period
1. In addition to requesting the implementation of warranty measures, the buyer has the right to request the seller to compensate
Usually damage due to technical defects of the object caused during the warranty period.
2. The seller is not required to compensate for damage if it proves that the damage was caused by the fault of the party
buy. The seller is entitled to reduce the amount of compensation if the buyer does not take necessary measures
necessary to prevent or limit damage.
Article 450. Buying and selling property rights quyền
1. In case of purchase and sale of property rights, the seller must transfer papers and carry out transfer procedures
ownership rights to the buyer, the buyer must pay the seller.
2. Where the property right is the right to claim debt and the seller commits to ensure the solvency
of the debtor, the seller must be jointly responsible for payment, if, when due, the seller
unpaid debt.
3. The time of transfer of ownership of property rights is the time when the buyer receives the documents
of the ownership of such property right or from the time of registration of the transfer of ownership,
if required by law.
Article 451. Property auction
Property can be auctioned according to the will of the owner or in accordance with the law.
Property under common ownership to be auctioned must have the consent of all joint owners,
unless otherwise agreed or otherwise provided by law.
The auction of assets must ensure the principles of objectivity, publicity, transparency and assurance
legitimate rights and interests of the parties involved and shall comply with the provisions of law on
property auction.
Article 452. Purchase after trial use
1. The parties may agree that the purchaser is allowed to try the purchased object for a period called
trial period. During the trial period, the buyer can answer to buy or not to buy; if it's over
During the trial period, if the buyer does not respond, it is considered to have accepted the purchase under the terms and conditions
agreement before receiving the trial item.
In case the parties do not agree or the agreement is unclear on the trial period, the
This term is determined according to the custom of transactions with objects of the same type.
2. During the trial period, the item remains in the possession of the seller. The seller must bear all risks
for objects, unless otherwise agreed. During the trial period, the seller may not sell,
gifts, leases, exchanges, mortgages or pledges of property when the buyer has not yet responded.
3. In case the trial party answers that they do not buy, the item must be returned to the seller and must be compensated
damage to the seller, if the trial item is lost or damaged. The tester is not responsible
responsible for normal wear and tear caused by trial and no return of profits due
trial brings.
Article 453. Purchase with deferred payment or installment payment
1. The parties can agree on the buyer's deferred payment or installment payment over a period of time
after receiving the purchased property. The seller retains title to the sold property until the seller
purchase with full payment, unless otherwise agreed.
2. The purchase contract with deferred payment or installment payment must be made in writing. Buyer has the right to use
purchased property with deferred payment, amortization and risk during use, unless otherwise agreed
other agreement.
Article 454. Redemption of sold property
1. The seller may agree with the buyer on the right to redeem the sold property after a call period
is the redemption period.
The time limit for redeeming the property shall be agreed upon by the parties; In case there is no agreement, the time limit
redeem no more than 1 year for movables and 5 years for immovables from the time of delivery
property, unless otherwise provided by relevant laws. During this period, the seller has the right to
redeem at any time, but must notify the purchaser within a reasonable time. ransom
is the market price at the time and place of redemption, unless otherwise agreed.
2. During the redemption period, the buyer may not establish a transaction to transfer property ownership
to another entity and bear the risk to the property, unless otherwise agreed.
Section 2. PROPERTY EXCHANGE CONTRACT
Article 455. Property exchange contract
1. Property exchange contract is an agreement between parties whereby the parties deliver the property and transfer
ownership of property to each other.
2. Property exchange contracts must be made in writing, notarized, authenticated or posted
signed, if required by law.
3. Where one party exchanges to the other a property not under his/her ownership, or
is not authorized by the owner, the other party has the right to cancel the contract and claim compensation
damages.
4. Each party is deemed to be the seller of the property delivered to the other party and the buyer of the property
product received. The provisions on sales contract from Article 430 to Article 439, from Article 441 to Article41
449 and Article 454 of this Code also apply to contracts for the exchange of property.
Article 456. Payment of difference
In case the exchanged assets differ in value, the parties must pay each other for the difference
such deviation, unless otherwise agreed or otherwise provided by law.
Section 3. CONTRACT FOR GIFT FOR PROPERTY
Article 457. Property donation contract
Property donation contract is an agreement between parties whereby the donor hands over the property of the donor
and transfer ownership to the donor without compensation, the giftee
consent to receive.
Article 458. Gift of movable property
1. The contract for donation of movable property takes effect from the time the recipient receives the property, except
otherwise agreed upon.
2. For movable property which is regulated by law on registration of ownership rights, the donation contract takes effect
from the time of registration.
Article 459. Gift of real estate
1. Gifts of real estate must be made in writing, notarized, authenticated or must be posted
registration, if the real estate is subject to registration of ownership according to the provisions of the law.
2. The real estate donation contract takes effect from the time of registration; if real estate does not
ownership rights must be registered, the donation contract shall take effect from the time of property transfer.
Article 460. Liability for intentionally giving property not under one's ownership
In case the donor intentionally donates property that is not under his/her ownership, but the recipient
If the donor does not know or cannot know about it, the donor must pay the cost to increase
the value of the property to the donor when the owner recovers the property.
Article 461. Disability notice of donated property
The donor is obligated to notify the donor of the defect of the donated property.
In case the donor indicates that the property is defective without notifying it, it must be responsible
compensation for damage caused to the person being donated; if the donor is unaware of the disability
of the donated property is not liable for damages.
Article 462. Conditional donation of property
1. The donor may require the grantee to perform one or more obligations before or
after giving. Conditions for donation must not violate the prohibition of the law, not contrary to social ethics
festival.
2. In case the obligation must be performed before giving, if the donor has completed it
an obligation that the donor does not deliver the property, the donor must pay the obligation that the donor
donated for made.
3. In case an obligation has to be performed after the donation, but the recipient fails to perform it,
the donor has the right to reclaim the property and claim compensation for damage.
Section 4. PROPERTY LOAN CONTRACT
Article 463. Property loan contract
Property loan contract is an agreement between parties whereby the lender delivers the property to the borrower;
When it is due, the borrower must return to the lender property of the same type in the correct quantity and quality
amount and only pay interest if so agreed or provided for by law.
Article 464. Ownership of borrowed property
The borrower becomes the owner of the borrowed asset from the time of receipt of that asset.
Article 465. Obligations of the lender
1. Deliver the property to the borrower in full, with the right quality and quantity at the agreed time and place
favorable.
2. Compensation for damage to the borrower, if the lender knows the property is not of good quality but
not notify the borrower, unless the borrower knows and still accepts the property.
3. The borrower must not be required to return the property before the due date, except for the case specified in Article 470 .
of this Code or other relevant laws.
Article 466. Borrower's debt repayment obligation
1. Borrowers of money assets must pay in full when due; if the property is an object, it must return an object of the same type
the correct quantity and quality, unless otherwise agreed.
2. In case the borrower cannot return the object, it can pay in cash according to the value of the borrowed object at the location
point and time of repayment, if agreed by the lender.
3. Debt payment place is the place of residence or place of head office of the lender, unless otherwise agreed
other.
4. In case the loan has no interest but when due, the borrower does not pay the debt or does not pay in full,
the lender has the right to demand interest payment at the interest rate specified in Clause 2, Article 468 of
This Code on the amount of late payment corresponding to the period of delay, unless otherwise agreed
or otherwise provided by law.
5. In case a loan has interest but when due, the borrower does not pay or does not pay in full, the borrower must
pay interest as follows:
a) Interest on the principal at the rate agreed upon in the contract corresponding to the loan term that is due
Unpaid; In case of late payment, interest must also be paid at the rate specified in Clause 2, Article 468
of this Code;
b) Interest on unpaid overdue principal equal to 150% of the loan interest rate according to the contract for the period
late payment, unless otherwise agreed.
Article 467. Use of borrowed property
The parties can agree that the borrowed property must be used for the right purpose of the loan. Lenders
has the right to inspect the use of the property and has the right to reclaim the borrowed property before the due date if prompted
but the borrower still uses the property for the wrong purpose.
Article 468. Interest rate
1. The loan interest rate shall be agreed upon by the parties.

Page 6

In case the parties have an agreement on the interest rate, the agreed interest rate must not exceed
20%/year of the loan amount, unless otherwise provided by other relevant laws. love base
actual situation and at the proposal of the Government, the National Assembly Standing Committee decides to adjust the level of
interest rates mentioned above and report to the National Assembly at the nearest meeting.
In case the agreed interest rate exceeds the limit interest rate specified in this Clause,
excess interest rate has no effect.
2. Where the parties have an agreement on the payment of interest, but do not specify the interest rate and there is a dispute
interest rate, the interest rate is equal to 50% of the limit interest rate specified in Clause 1
This at the time of repayment.
Article 469. Performance of demand loan contracts
1. For a loan contract with no term and no interest, the lender has the right to reclaim the property and
Borrowers also have the right to repay the debt at any time, but must notify each other in advance
reasonable time, unless otherwise agreed.
2. For a loan contract with no term and interest, the lender has the right to reclaim the property at any time
but must give the borrower a reasonable time in advance and be paid interest up to the time of receipt
property, and the borrower also has the right to return the property at any time and only pay interest until
repayment point, but must also give the lender a reasonable time in advance.
Article 470. Performance of term loan contracts
1. For a term loan contract with no interest, the borrower has the right to return the property at any time
but must give the lender a reasonable time in advance, and the lender can only claim back
assets prior to maturity, if agreed to by the borrower.
2. For a loan contract with a term and interest, the borrower has the right to return the property before the maturity date, but
must pay all interest on time, unless otherwise agreed or otherwise provided by law.
Article 471. Surname, hui, bieu, ward
1. Surname, hui, bieu, ward (hereinafter collectively referred to as surname) is a form of property transaction according to custom
on the basis of agreement of a group of people gathered together to determine the number of people, time, number
money or other property, mode of contribution and receipt and rights and obligations of members.
2. The organization of surnames for the purpose of mutual assistance among the people shall comply with the provisions of
law.
3. If the organization is profitable, the interest rate must comply with the provisions of this Code.
4. It is strictly forbidden to organize them in the form of usury.
Section 5. PROPERTY LEASE CONTRACT
Subsection 1. GENERAL PROVISIONS ON PROPERTY LEASE CONTRACT
Article 472. Property lease contract
A property lease contract is an agreement between parties whereby the lessor delivers the property to the lessor
leased to use for a term, the lessee must pay the rent.
House rental contracts, house rental contracts for other purposes shall comply with regulations of law
provisions of this Code, the Law on Housing and other relevant laws.
Article 473. Rent
1. The rental price shall be agreed upon by the parties or determined by a third party at the request of the parties, except for
unless otherwise provided by law.
2. In case there is no agreement or the agreement is unclear, the rental price is determined according to
market price at the place and time of signing the lease contract.
Article 474. Lease term
1. The lease term shall be agreed upon by the parties; If there is no agreement, it is determined by purpose
to rent.
2. In case the parties do not agree on the lease term and the lease term cannot be determined
for the purpose of the lease, each party has the right to terminate the contract at any time, but must
notify the other party within a reasonable time.
Article 475. Sub-lease
The lessee has the right to sublease the property it has rented, if the lessor agrees.
Article 476. Delivery of leased property
1. The lessor must deliver the property to the lessee in the correct quantity, quality, type, condition,
agreed time and place and provide necessary information about the use of that property.
2. In case the lessor is late to deliver the property, the lessee may extend the time to deliver the property or cancel
contract and claim for damages; if the leased property is not of the right quality as agreed
then the lessee has the right to request the lessor to repair, reduce the rent or cancel the contract and request
claim for damages.
Article 477. Obligation to guarantee the use value of the leased property
1. The lessor must ensure that the leased property is in the condition as agreed upon, in accordance with the
rental destination during the lease period; to repair the damage or defects of the leased property,
except for minor damage that the lessee has to repair by himself.
2. In case the leased property is reduced in use value through no fault of the lessee, the lessee may
the right to request the lessor to take one or several of the following measures:
a) Repair of property;
b) Reduced rental prices;
c) Exchange of other assets or unilaterally terminate the performance of the contract and demand compensation for damage
damage, if the leased property has a defect that is not known to the lessee or the leased property cannot be repaired
so that the rental purpose is not achieved.
3. In case the lessor has been notified and does not repair or repair it in time
then the lessee has the right to repair the leased property by himself at a reasonable cost, but must notify the lessee
and has the right to request the lessor to pay repair costs.
Article 478. Obligation to secure the right to use the property for the lessee
1. The lessor must ensure a stable right to use the property for the lessee.
2. In case there is a dispute over ownership of the leased property but the lessee is not allowed to use it
If the property is stable, the lessee has the right to unilaterally terminate the performance of the contract and request
damages.
Article 479. Obligation to preserve leased property
1. The lessee must preserve the leased property, maintain it and make minor repairs; if lost, damaged
must be compensated.
The lessee is not responsible for natural wear and tear resulting from the use of the leased property.
2. The lessee may repair and increase the value of the leased property, if agreed and approved by the lessor
right to request the lessor to pay reasonable expenses.
Article 480. Obligation to use the leased property for the right use and purpose
1. The lessee must use the leased property in accordance with its utility and for the agreed purpose
favorable.
2. In case the lessee uses the property for improper purposes or uses, the lessee shall
The lessee has the right to unilaterally terminate the performance of the contract and demand compensation for damage.
Article 481. Rent payment
1. The lessee must pay the rent in full on the agreed time limit; if there is no agreement on the time limit
If the rent is paid, the time limit for rent payment shall be determined according to the custom of the place of payment; if you can't confirm
If the time limit is customary, the lessee must pay when returning the leased property.
2. In case the parties agree on the payment of rent by term, the lessor has the right to
method to terminate the performance of the contract, if the lessee fails to pay for three consecutive periods, except
otherwise agreed or otherwise provided by law.
Article 482. Return of leased property
1. The lessee must return the leased property in the same condition as when received, except for natural or
in accordance with the agreed condition; if the value of the leased property is less than it was when received
then the lessor has the right to claim compensation for damage, except for natural wear and tear.
2. In case the leased property is movable, the place to return the leased property is the place of residence or the head office of the tenant
the lessor, unless otherwise agreed.
3. In case the leased property is cattle, the lessee must return the rented cattle and also the livestock
born during the rental period, unless otherwise agreed. The lessor must pay
Livestock care fees are borne by the lessee.
4. When the lessee is late to pay the leased property, the lessor has the right to request the lessee to return the property
rent, pay rent during the period of late payment and must compensate for damage; the lessee must pay the fine
violation due to late payment of leased property, if there is agreement.
5. The lessee must bear the risks to the leased property during the late payment period.
Subsection 2. SECURITIES LEASE CONTRACT
Article 483. Property contract
A contract of lease for an asset is an agreement between the parties whereby the lessor delivers the asset
leased property to the lessee for the purpose of exploiting the utility, enjoying the profits and profits from the leased property
contract and the lessee is obliged to pay the rent.
Article 484. Subjects of contract of hire
The subject matter of the contract of lease can be land, forest, untapped water surface, livestock, infrastructure
production and business establishments, other means of production and necessary equipment to exploit the utility,
enjoy yields and profits, unless otherwise provided for by law.
Article 485. Term of contract lease
The contract lease term shall be agreed upon by the parties. Where there is no agreement or there is an agreement
but it is not clear, the contract lease term is determined according to the appropriate production and business cycle
appropriate to the nature of the lessee.
Article 486. Package rental price Giá
The contract rental price shall be agreed upon by the parties; If the contract is contracted through bidding, the contract rental price is
The price is determined according to the bidding results.
Article 487. Assignment of leased assets
When handing over the leased property, the parties must make a record of assessing the condition of the leased asset
and determine the value of the leased property.
In case the parties cannot determine the value, a third person shall be invited to determine the value and must establish a
into text.
Article 488. Payment of package rent and payment method
1. Contract rent can be in kind, in money or by performing a job.
2. The lessee must pay the package rent in full even if the use of the leased property is not exploited
securities.
3. When entering into a contract of lease, the parties may agree on conditions for the reduction of rent
contract; If yields or profits are lost at least one third due to force majeure events, the lessee
The contractor has the right to request a reduction or exemption from the package rent, unless otherwise agreed.
4. In case the lessee has to pay in kind according to the season or the cycle of utility exploitation
of the leased asset, payable at the end of the season or at the end of the exploitation cycle, except
otherwise agreed upon.
5. Where the contract hirer has to perform a job, it must properly perform that job.
6. The time limit for paying the package rent shall be agreed upon by the parties. If the parties do not agree, then
the lessee must pay on the last day of each month; case of contract rental under
In the production and business cycle, payment must be made at the latest at the end of the production and business cycle
there.
Article 489. Exploitation of leased assets
The lessee must exploit the leased asset for the agreed purpose and notify the lessee
periodic contract for the condition of the property and the exploitation of the property; if the lessor contracts
If there is a request or need to make an unexpected report, the contract lessee must report it in a timely manner. When the lessee declares
If the use of a package lease property is not used for the right purpose, the lessor has the right to
termination of contract performance and claim for damages.
Article 490. Preservation, maintenance and disposition of contracted assets
1. During the term of exploitation of the contracted property, the lessee must preserve and maintain the property
lease contract and attached equipment at their own expense, unless otherwise agreed;
if the lessee loses, damages or devalues ​or reduces the value of the leased asset,
must compensate for the damage. The lessee is not responsible for natural wear and tear caused by
use leased assets.
2. The lessee may repair or renovate the contracted property by himself, if so agreed, and must
guarantee the value of the leased property.
The lessor must pay the lessor reasonable expenses for repairing and renovating the property
lease contract by agreement.
3. The lessor may not sub-lease, unless the lessor is contracted by the lessor
mind.
Article 491. Enjoying yields and suffering damage from contracted cattle
During the term of the contract of cattle, the lessee is entitled to half of the cattle born and must
bear half of the damage to contracted cattle due to force majeure events, unless otherwise agreed
other agreement.
Article 492. Unilateral termination of contract performance
1. In case one party unilaterally terminates the performance of the contract, it must notify the other party
before a reasonable time; if the contract is leased according to the season or according to the exploitation cycle, the reporting period
must be suitable for the season or exploitation cycle.
2. In case the contract lessee violates the obligation, the exploitation of the contract lessee is the source
sole life of the lessee and the continuation of the contract does not seriously affect the
to the interests of the lessor, the lessor may not unilaterally terminate
contract performance; the package lessor must commit to the lessor not to continue
contract breach.
Article 493. Return of contracted property
When terminating the package lease contract, the package lessee must return the package lease property in a suitable condition
consistent with the agreed level of depreciation; if it devalues ​or reduces the value of the leased property
contract must compensate for the damage.
Section 6. PROPERTY LEASE CONTRACT
Article 494. Property loan contract
A property loan contract is an agreement between parties whereby the lender hands over the property to the lender
the borrower to use for a period of time without paying, the borrower must return the property
when the loan term expires or the borrowing purpose has been achieved.
Article 495. Objects of property loan contracts
Any non-consumable property can be the subject of a loan agreement.
Article 496. Obligations of the borrower mượn
1. To keep and preserve the borrowed property, not to arbitrarily change the condition of the property; if the property is damaged
Normal damage must be repaired.
2. Do not lend it to another person without the consent of the lender.
3. Return the borrowed property on time; If there is no agreement on the time limit for returning the property, the party
Borrower must return the property as soon as the borrowing purpose has been achieved.
4. Compensate for damage, if you lose or damage the borrowed property.
5. The borrower must bear the risk of the borrowed property during the period of late payment.
Article 497. Rights of the borrower mượn
1. To use the borrowed property in accordance with its utility and for the agreed purpose.
2. Requiring the lender to pay reasonable costs of repairing or increasing the property's value
loan, if agreed.
3. Not responsible for the natural wear and tear of the borrowed property.
Article 498. Obligations of the property lender
1. Provide necessary information about the use of the property and its defects, if any.
2. Pay the borrower for repair costs and expenses for increasing the value of the property, if there is an agreement.
3. Compensate the borrower for damage if he or she knows the property has defects but fails to notify the borrower
known to cause damage to the borrower, except for defects of which the borrower knew or ought to have known.
Article 499. Rights of the property lender
1. Claim the property right after the borrower achieves the purpose if there is no agreement on the time limit
borrow; If the lender has an unexpected and urgent need to use the loaned property,
may reclaim that property even though the borrower has not yet achieved the purpose, but must give a notice in advance
reasonable time.
2. Claim the property back when the borrower uses it for improper purposes, uses, and improper methods
agreed to or lent to another person without the consent of the lender.
3. Claim compensation for property damage caused by the borrower.
Section 7. CONTRACT ON LAND USE RIGHTS
Article 500. Contracts on land use rights
A land use right contract is an agreement between the parties whereby the land user transfers
exchange, transfer, lease, sublease, donate, mortgage or contribute land use rights as capital, or
exercise other rights as prescribed by the Land Law for the other party; the other party exercises the right, meaning
contract with land users.
Article 501. Contents of the contract on land use rights
1. General provisions on contracts and relevant contents of common contracts in the Code
This also applies to contracts on land use rights, unless otherwise provided for by law
other.
2. Contents of a contract on land use rights must not be contrary to regulations on land use purposes
land use, land use term, master plan, land use plan and other rights and obligations under
provisions of the law on land and other provisions of relevant laws.
Article 502. Forms and procedures for performance of contracts on land use rights
1. Contracts on land use rights must be made in writing in a form consistent with regulations
provisions of this Code, the law on land and other relevant laws.
2. The performance of a contract on land use rights must comply with the order and procedures as prescribed by law
land law and other relevant laws.
Article 503. Effect of land use right transfer
The transfer of land use rights takes effect from the time of registration in accordance with the Land Law.
Section 8. COOPERATION CONTRACT
Article 504. Cooperation contract
1. Cooperation contract is an agreement between individuals and legal entities on jointly contributing property,
effort to perform a certain job, for mutual benefit and responsibility.
2. The cooperation contract must be made in writing.
Article 505. Contents of cooperation contracts
The cooperation contract has the following principal contents:
1. Purpose and term of cooperation;
2. Full name, place of residence of the individual; name and head office of the legal person;
3. Contributing property, if any;

4. Contribution by labor, if any;
5. Method of distribution of yields and profits;
6. Rights and obligations of cooperative members;
7. Rights and obligations of the representative, if any;
8. Conditions for members' participation in and withdrawal of cooperation contracts, if any;
9. Conditions for termination of cooperation.
Article 506. Common property of cooperative members
1. Property contributed, jointly created by members and other property as prescribed by law is
common property according to the share of the cooperative members.
In case there is an agreement on money contribution, but the cooperation member is late in implementing it, they must be responsible
shall be responsible for paying interest on the late payment amount as prescribed in Article 357 of this Code and must pay compensation
usually damage.
2. The disposition of property is the right to use land, houses, production workshops and other means of production
written agreement of all members; the disposition of other property by the representatives of the
decided by members, unless otherwise agreed.
3. Not to divide common property before terminating the cooperation contract, unless all
All cooperative members have an agreement.
The division of common property specified in this Clause does not change or terminate the rights,
obligations are established and performed before the time the property is distributed.
Article 507. Rights and obligations of cooperative members
1. To enjoy yields and profits from cooperative activities.
2. Participating in deciding on issues related to the performance of cooperation contracts and monitoring activities
co-operate.
3. Compensate for damage to other cooperative members caused by their fault.
4. To perform other rights and obligations under the contract.
Article 508. Establishment and performance of civil transactions
1. In case the members cooperate to appoint a representative, this person shall be the representative in the contract
establish and perform civil transactions.
2. If the cooperative members do not appoint a representative, the cooperative members must:
jointly participate in the establishment and performance of civil transactions, unless otherwise agreed.
3. Civil transactions established and performed by the subjects specified in Clauses 1 and 2 of this Article
arising rights and obligations of all cooperative members.
Article 509. Civil liability of cooperative members
The cooperative members bear common civil liability by common property; if common property
If it is not enough to fulfill the general obligation, the cooperative member shall be liable with property
separately in proportion to its contribution, except in the case of a cooperation contract or
The law provides otherwise.
Article 510. Withdrawal from cooperation contracts
1. A member has the right to withdraw from the cooperation contract in the following cases:
a) According to the conditions agreed in the cooperation contract;
b) Having a good reason and the consent of more than half of the total number of cooperative members.
2. A member who withdraws from the cooperation contract has the right to request the return of the contributed or divided property
part of the property in the common property and must pay the obligations under the agreement. Case
If the division of property in kind affects cooperation activities, the property shall be counted
monetary value to divide.
The withdrawal from the cooperation contract does not terminate the rights and obligations of this person to be established,
performed before the time of withdrawal from the cooperation contract.
3. The withdrawal from the cooperation contract does not fall into the cases specified in Clause 1 of this Article
The member who withdraws from the contract is determined to be the party in breach of the contract and must perform the responsibility
civil law in accordance with this Code and other relevant laws.
Article 511. Accession to cooperation contracts
Unless otherwise provided in the cooperation contract, an individual or legal entity becomes a
new member of the contract if agreed by more than half of the total number of cooperative members.
Article 512. Termination of cooperation contracts
1. A cooperation contract is terminated in the following cases:
a) According to the agreement of the cooperative members;
b) The time limit stated in the cooperation contract expires;
c) The cooperation purpose has been achieved;
d) According to a decision of a competent state agency;
dd) Other cases as prescribed by this Code and other relevant laws.
2. Upon termination of the cooperation contract, the debts arising from the contract must be paid; if
If the common property is not enough to pay the debt, the private property of the cooperative members must be taken to pay
according to the provisions of Article 509 of this Code.
In case the debts have been paid off but the common property is still there, they shall be divided among them
members cooperate in proportion to each person's contribution, except in the case of
other agreement.
Section 9. SERVICE CONTRACT
Article 513. Service contract
Service contract is an agreement between parties whereby the service provider performs the work
for the service user, the service user must pay for the service to the service provider.
Article 514. Subjects of service contracts
The subject matter of a service contract is work that can be performed, which does not violate the prohibition of
law, not against social morality.
Article 515. Obligations of service users
1. Provide service providers with necessary information, documents and means for implementation
the work, if so agreed or the performance required.
2. Pay for services to service providers as agreed.
Article 516. Rights of service users
1. Request the service provider to perform the work according to the right quality, quantity, time limit, location
points and other agreements.
2. In case the service provider seriously violates the obligation, the service user may
the right to unilaterally terminate the performance of the contract and demand compensation for damage.
Article 517. Obligations of service providers
1. To perform the work in accordance with the quality, quantity, deadline, location and other agreement.
2. Do not assign other people to perform the work without the consent of the user
service use.
3. Preserve and return to the service user the documents and means delivered after
complete the work.
4. Immediately notify the service user about the incomplete information, documents, and equipment failure
Quality assurance to get the job done.
5. Keep confidential information that you know during the performance of the job, if there is an agreement
or as required by law.
6. Compensate for damage to service users, if they lose or damage documents or vehicles
transfer or disclose confidential information.
Article 518. Rights of service providers
1. Request the service user to provide information, documents and means to perform the work.
2. To change service conditions for the benefit of service users without having to wait
opinions of service users, if waiting for comments will cause damage to service users,
but must immediately notify the service user.
3. Request the service user to pay for the service.
Article 519. Payment for services
1. Service users must pay for services as agreed.
2. When concluding a contract, if there is no agreement on the service price, the method of determining the service price
service and without any other indication of the service price, the service price is determined on the basis of
market for services of the same type at the time and place where the contract is concluded.
3. The service user must pay for the service at the job performance location upon completion of the service,
unless otherwise agreed.
4. In case the service provided is not achieved as agreed or the work is not done
If the service is completed on time, the service user has the right to reduce the service fee and claim compensation
usually damage.
Article 520. Unilateral termination of service contract performance
1. In case the continuation of the job is not beneficial to the service user, the user shall
The service user has the right to unilaterally terminate the performance of the contract, but must notify the supplier
service response a reasonable time in advance; Service users must pay fees according to the translation
services performed by the service provider and compensate for the damage.
2. In case the service user seriously violates the obligation, the service provider may
the right to unilaterally terminate the performance of the contract and demand compensation for damage.
Article 521. Continuation of service contracts
After the expiration of the time limit for performing the work under the service contract, but the work has not been completed
completed and the service provider continues to perform the work, the service user knows but
If there is no objection, the service contract will automatically continue to perform according to the agreed content
agreement until the work is completed.
Section 10. CONTRACT OF TRANSPORTATION
Subsection 1. CONTRACT FOR TRANSPORTATION OF PASSENGERS ONLY
Article 522. Passenger carriage contract
A contract for the carriage of passengers is an agreement between the parties whereby the carrier specializes in
To carry passengers and luggage to the agreed destination, the passenger must pay the freight
transport fee.
Article 523. Form of contract for the carriage of passengers
1. A contract for the carriage of passengers may be made in writing, orally or confirmed
by specific behaviour.
2. Tickets are evidence of the conclusion of a contract of carriage of passengers between the parties.
Article 524. Obligations of the carrier
1. Carrying passengers from the place of origin to the right place, on time, by means of transport
agreed facilities safely, according to the route; ensure that there is enough room for passengers and no
transport in excess of the tonnage.
2. Buy civil liability insurance for passengers in accordance with the law.
3. Ensure the departure time has been announced or agreed.
4. Carry the baggage and return it to the passenger or person entitled to receive the baggage at the location
agreement on the right time and route.
5. Refund to passengers for freight charges as agreed or prescribed by law
the law.
Article 525. Rights of the carrier
1. Requesting passengers to pay full passenger transportation and baggage freight charges
Carrying people in excess of the specified limit.
2. Refuse to carry passengers in the following cases:
a) The passenger fails to comply with the carrier's regulations or commits disorderly conduct
public, obstruct the work of the carrier, threaten the life, health, property of
other people or engage in other unsafe acts during the journey; in this case,
Passengers are not entitled to return the freight and are subject to penalties for violations, if the rules of carriage are
regulated transfer;
b) Due to the passenger's health condition, it is clear to the carrier that the carriage will cause damage
danger to the passenger himself or to others during the journey;
c) To prevent disease from spreading.
Article 526. Obligations of passengers
1. Fully pay the freight for passenger transportation, the freight for luggage in excess of the prescribed level
and self-preservation of carry-on luggage.
2. Be present at the starting point at the agreed time.
3. Respect and strictly comply with the carrier's regulations and other regulations on safety
traffic.
Article 527. Passengers' rights
1. Claim to be transported by correct means of transport and freight value
move with the agreed route.
2. Free freight for checked baggage and hand luggage within the limit according to
agreement or as required by law.
3. Claim the payment of incurred costs or compensation, if the carrier is at fault in
failure to deliver on time and to the agreed place.
4. Get all or part of the freight back in the case specified at points b and
Point c, Clause 2, Article 525 of this Code and other cases prescribed by law or as agreed
favorable.
5. Receive luggage at the agreed location according to the correct time and route.
6. Request to stop the journey within the time limit and according to the procedures prescribed by law.
Article 528. Liability to compensate for damage
1. In case the life, health and luggage of a passenger is damaged, the carrier must
compensation in accordance with the law.
2. The carrier is not required to compensate for loss of life, health and luggage of the passengers
passenger if the damage is caused entirely by the fault of the passenger, unless otherwise provided for by law
other.
3. In case the passenger violates the agreed conditions of carriage, the provisions of the charter of carriage
transportation that causes damage to the carrier or a third person, they must compensate.
Article 529. Unilateral termination of the performance of the passenger transport contract
1. The carrier has the right to unilaterally terminate the performance of the contract in the prescribed cases
in Clause 2, Article 525 of this Code.
2. The passenger has the right to unilaterally terminate the contract performance in the event that the carrier
transfer in violation of the obligations specified in Clauses 1, 3 and 4, Article 524 of this Code.
Subsection 2. CONTRACTS FOR TRANSPORTATION OF PROPERTY
Article 530. Property transportation contract
A contract for the carriage of property is an agreement between the parties whereby the carrier is obliged to
deliver the property to the agreed-upon location and deliver it to the person entitled to receive it,
The carrier is obliged to pay the freight charges.
Article 531. Form of contract for transportation of property
1. A contract for the carriage of property is entered into in writing, orally or established in writing
specific behaviour.
2. Bill of lading or other equivalent transport document as proof of concluding
agreement between the parties.
Article 532. Delivery of property to the carrier
1. The shipping hirer is obliged to deliver the property to the carrier on time, place and
packed in accordance with the agreed specifications; bear the cost of loading and unloading the property on the means of transport
transfer, unless otherwise agreed.
2. If the lessee fails to deliver the property on time and at the agreed location,
must pay the cost of waiting and the cost of transporting the property to the place agreed in the contract
contract to the carrier.
In case the carrier is late to receive the property at the agreed place, it must bear the costs
arising from the delay in receiving.
Article 533. Shipping charges
1. The freight rates shall be agreed upon by the parties; if the law provides for the fee rate
Shipping charges apply.
2. The shipping hirer must pay the full freight after the property is transferred
means of transport, unless otherwise agreed.
Article 534. Obligations of the carrier
1. To ensure adequate and safe transportation of property to the designated destination, on time.
2. Hand over the property to the person entitled to receive it.
3. Bear the costs related to the transportation of the property, unless otherwise agreed.
4. Buy civil liability insurance as prescribed by law.
5. Compensation for damage to the shipping hirer in case the carrier loses or damages
property damage, unless otherwise agreed or otherwise provided by law.
Article 535. Rights of the carrier
1. Check the authenticity of the property, the bill of lading or other equivalent transport document.
2. Refuse to transport property that is not in accordance with the type of property agreed upon in the contract.
3. Request the shipping hirer to pay the full freight on time.
4. Refuse to transport assets banned from transactions, dangerous or toxic properties, if the carrier
know or must know.
Article 536. Obligations of the shipping hirer
1. Pay full freight to the carrier according to the agreed time and method
favorable.
2. Provide necessary information related to the transported property to ensure the safety of the property
transport.
3. Look after the property in transit, if agreed. In case the lessee transports
take care of the property, if the property is lost or damaged, it will not be compensated.
Article 537. Rights of the shipping hirer
1. Request the carrier to transport the property to the agreed place and time.
2. Directly or appoint a third person to receive the rented property back.
Article 538. Transfer of property to the receiver of the property
1. The receiver of the property may be the lessee or the third person transported by the lessee
transfer of designation to receive the property.
2. The carrier must deliver the property in full, on time and at the right place to the receiver according to
agree.
3. In case the property has been transferred to the property delivery place on time but there is no
the receiver of the property, the carrier may deposit such property at the place of deposit and must notify immediately
to the shipping lessee or a third person designated by the shipping charterer to receive the property. Side
The transport hirer or a third person appointed by the carrier to receive the property shall bear the costs
reasonable fees arising from the depository of the property.
The obligation to deliver the property is fulfilled when the property has been deposited and the lessee or the
a third party designated by the charterer to receive the property has been notified of custody.
Article 539. Obligations of the property recipient
1. Present to the carrier a bill of lading or other equivalent transport document and receive it
property on time and at the agreed location.
2. Bear the costs of loading and unloading the transported property, unless otherwise agreed or otherwise provided by law
other rule.
3. To pay reasonable expenses incurred due to the delay in receiving the property.
4. In case the receiver of the property is a third person appointed by the transport hirer, it must notify
notify the shipping charterer of the receipt of the property and other necessary information at the request of the party
transport hire.
Article 540. Rights of the property recipient
1. Check the quantity and quality of assets being shipped.
2. Get the property shipped to.
3. Request the carrier to pay reasonable costs incurred due to waiting to receive the property if the carrier
slow shipping delivery.
4. Request the carrier to compensate for the loss or damage of the property.
Article 541. Liability to compensate for damage
1. The carrier must compensate the carrier for damage if the property is lost or
damaged, except for the case specified in Clause 3, Article 536 of this Code.
2. The shipping hirer must compensate the carrier and the third party for damage
due to the dangerous and toxic nature of the transported property without packing and securing measures
safety during transportation.
3. In case of force majeure, the transport property is lost, damaged or destroyed in the
During transportation, the carrier is not responsible for damages, except
otherwise agreed or otherwise provided by law.
Section 11. PROCESSING CONTRACT
Article 542. Processing contracts
Outsourcing contract is an agreement between parties whereby the processor performs the work
to create products at the request of the outsourcing party, the outsourcing party receives the product and pays
public.
Article 543. Objects of processing contracts
The subject matter of the processing contract is an object that is predetermined according to the form, according to the standards that the
agreed by the parties or provided for by law.
Article 544. Obligations of the ordering party
1. Supply materials in the right quantity, quality, time and place as agreed
to the processing party; provide necessary documents related to the processing.
2. Instruct the processor to perform the contract.
3. Pay wages according to the agreement.
Article 545. Rights of the ordering party
1. Receive processed products according to the correct quantity, quality, method, time limit and location
agree.
2. Unilaterally terminate the contract performance and claim compensation for damage when the receiving party
serious breach of contract.
3. In case the product does not meet the quality requirements, the outsourcing party agrees to receive the product
and request repair, but the processing party is unable to repair within the agreed period
If agreed, the outsourcing party has the right to cancel the contract and demand compensation for damage.
Article 546. Obligations of the processing party
1. Preservation of raw materials provided by the ordering party.
2. Notify the ordering party to exchange for other materials, if the raw materials are not secure
quality; Refuse to perform machining, if known or ought to know the use of materials may
produce products that are harmful to society.
3. Deliver products to the ordering party with the correct quantity, quality, method, time limit and location
agreed point.
4. Keep confidential information about the processing process and products created.
5. Take responsibility for the quality of the product, unless the product does not guarantee the quality
due to the materials provided by the contractor or due to the unreasonable instructions of the contractor
public.
6. Return the remaining materials to the ordering party after completing the contract.
Article 547. Rights of the processor
1. Request the ordering party to deliver materials with the correct quality, quantity, time limit and location
it has come to an agreement.
2. Refuse unreasonable instructions of the ordering party during the performance of the contract, if
If you find that this instruction may reduce the quality of the product, you must immediately notify the supplier.
3. To request the outsourcing party to pay full wages according to the agreed time limit and method.
Article 548. Liability to bear risks
Until the product is delivered to the ordering party, which party is the owner of the raw materials
bear the risk in respect of the materials or products thereof, except
otherwise agreed upon.
When the ordering party is late to receive the product, it must bear the risk during the delay, including
in the case that the product is made from the processor's materials, unless
other agreement.
When the processing recipient is late to deliver the product, but there is a risk to the processed product, it must compensate
usually damage occurs to the outsourcing party.
Article 549. Delivery and receipt of processed products
The processor must deliver the product and the processor must receive the product on time
term and at the agreed place.
Article 550. Delay in delivery or receipt of processed products
1. In case the processing party is late to deliver the products, the processing party may extend the time limit; if it's over
within that time limit, if the processor has not completed the work, the processing party has the right to
unilaterally terminate the performance of the contract and demand compensation for damage.
2. In case the processing party is late to receive the product, the processor can send the product
shall be at the place of receipt and custody and must immediately notify the ordering party. Obligation to deliver the finished product
completed when the agreed conditions are met and the ordering party has been notified. Side
The outsourcing order must bear all costs arising from the deposit.
Article 551. Unilateral termination of performance of processing contracts
1. Each party has the right to unilaterally terminate the performance of the processing contract, if the continuation
performance of the contract does not bring benefits to themselves, unless otherwise agreed or legal
otherwise provided by law, but must notify the other party within a reasonable time in advance.
2. The outsourcing party unilaterally terminates the performance of the contract, it must pay the remuneration corresponding to
work done, unless otherwise agreed. The processing recipient unilaterally terminates
The performance of the contract shall not be paid, unless otherwise agreed.
3. The party that unilaterally terminates the performance of the contract and causes damage to the other party must compensate.
Article 552. Payment of wages
1. The processing party must pay full wages at the time of receiving the products, unless otherwise agreed
other agreement.
2. In case there is no agreement on the wage rate, the average wage rate for
the production of similar products at the processing site and at the time of payment.
3. The outsourcing party has no right to reduce wages, if the product does not guarantee the quality due to
materials that he has provided or because of his unreasonable instructions.
Article 553. Liquidation of raw materials
When the processing contract is terminated, the processing party must return the remaining materials to the processing party
order processing, unless otherwise agreed.
Section 12. CONTRACTS FOR PROPERTY HOLDING
Article 554. Property depository contract
A depository contract is an agreement between the parties whereby the custodian receives the depositor's property
To preserve and return the same property to the sender at the end of the contract period, the sender must pay
remuneration to the custodian, except in the case of deposit without payment.
Article 555. Obligations of the property depositor
1. When handing over property, it must immediately notify the holder of the condition of the property and appropriate preservation measures
in the case of deposited assets; If you do not notify, the deposited property will be destroyed or damaged due to failure
properly preserved, it is at the sender's own expense; If damage is caused, compensation must be made.
2. The remuneration must be paid in full, on time and by the agreed method.
Article 556. Rights of the depositor
1. Request to take back the property at any time, if the depository contract does not specify the term, but
must give the custodian a reasonable time in advance.
2. To claim compensation for damage, if the custodian loses or damages the deposited property, except for any
resistance.
Article 557. Obligations of the property holder
1. Preserve the property in accordance with the agreement, return the property to the sender in the same condition as when
take hold.
2. Change the way the property is preserved only if the change is necessary to better preserve the asset
property, but must immediately notify the sender of the change.
3. Promptly notify the sender of the risk of damage or destruction of the property due to the nature of the property
and request the sender to indicate the resolution within a period of time; if the sender expires,
If there is no reply, the retainer has the right to take necessary measures to preserve and request the party to
send payment of expenses.
4. Must compensate for damage, if lost or damaged the deposited property, except for force majeure cases.
Article 558. Rights of the property holder
1. To request the sender to pay the agreed remuneration.
2. To request the sender to pay reasonable expenses for preserving the property in case of unpaid deposit.
3. Request the sender to receive the property at any time, but must give the sender some time in advance
reasonable in the case of indefinite custody.
4. Sell properties in custody that are in danger of being damaged or destroyed in order to ensure the interests of the depositor, report
does so to the sender and pays the depositor the proceeds from the sale of the property, after deducting legal costs
reason to sell the property.
Article 559. Return of deposited property
1. The holder must return the property received and the yield, if any, unless otherwise agreed
other.
The place to return the deposited property is the place of deposit; if the sender requests to return the property at another place, it must bear
transportation costs to that place, unless otherwise agreed.
2. The custodian must return the property on time and only has the right to request the depositor to take back the property first
time limit, if there is a good reason.
Article 560. Delay in delivery or receipt of property in custody
In case the custodian delays the delivery of the property, it is not allowed to request the depositor to pay wages and make payment
costs for preservation, from the time of delay in delivery and to bear the risk to the property during the period
delayed delivery of property.
In case the sender is late to receive the property, it must pay the costs of preservation and remuneration
for the receiver to keep the property during the delay in receiving it.
Article 561. Payment of wages
1. The sender must pay the full remuneration when taking back the deposited property, unless otherwise agreed.
2. If the parties do not agree on the level of remuneration, the average remuneration shall apply
at the place and time of payment.
3. When the sender recovers the property ahead of time, it still has to pay the full wages and pay the necessary expenses
Necessity arising from the retainer's obligation to return the property before the due date, unless otherwise agreed.
4. When the custodian requests the depositor to take back the property before the time limit, the custodian shall not receive any remuneration
and must compensate the sender for damage, unless otherwise agreed.
Section 13. AUTHORIZATION CONTRACT
Article 562. Authorization contract
An authorization contract is an agreement between parties whereby the authorized party is obliged to perform
perform the work on behalf of the principal, the principal only has to pay remuneration if there is an agreement or
provided by law.
Article 563. Authorization duration
The authorization period shall be agreed upon by the parties or prescribed by law; if there is no agreement and
Unless otherwise provided by law, the authorization contract is valid for 1 year from the date of establishment of the authorization
permission.
Article 564. Re-authorization
1. The authorized party may re-authorize another person in the following cases:
a) Having the consent of the authorizing party;
b) Due to force majeure events, if re-authorization is not applied, the purpose of establishing and performing the
Civil service for the benefit of the principal cannot be performed.
2. The re-authorization must not exceed the scope of the original authorization.
3. The form of the re-authorization contract must be consistent with the original form of authorization.
Article 565. Obligations of the authorized party
1. Perform work as authorized and notify the authorizing party about the performance of such work.
2. Notify the third party in the authorization relationship about the time limit, scope of authorization and the work
amend and supplement the scope of authorization.
3. Preserve and preserve documents and means assigned to perform the authorization.
4. Keep confidential the information that you know while performing the authorization.
5. Return to the principal the property received and the benefits obtained during the performance of the authorization
rights as agreed or prescribed by law.
6. Compensation for damage caused by breach of obligations specified in this Article.
Article 566. Rights of the authorized party
1. To request the authorizing party to provide necessary information, documents and means to perform the work
authorization.
2. To be paid reasonable expenses that they have spent to perform the authorized work; get revenge
labor, if so agreed.
Article 567. Obligations of the authorizing party
1. Provide necessary information, documents and means for the authorized party to perform the work.
2. Take responsibility for the commitments made by the authorized party within the scope of authorization.
3. Pay reasonable expenses that the authorized party has spent to perform the authorized work
permission; remuneration to the authorized party, if there is an agreement on remuneration.
Article 568. Rights of the authorizing party
1. Request the authorized party to give full notice of the performance of the authorized work.
2. Request the authorized party to hand over the assets and benefits obtained from the performance of the authorized work
rights, unless otherwise agreed.
3. To be compensated for damage, if the authorized party violates the obligations specified in Article 565 of
This Code.
Article 569. Unilateral termination of performance of the authorization contract
1. In case of authorization with remuneration, the authorizing party has the right to unilaterally terminate the performance of the contract
contract at any time, but must compensate the authorized party in proportion to the work for which
the authorized party has performed and compensated for the damage; if the authorization does not have remuneration, the authorizing party
The right may terminate the performance of the contract at any time, but must notify the authorized party in advance
right within a reasonable time.
The authorizing party must notify the third party in writing of the authorizing party's termination of performance
current contract; If not, the contract with the third party will still be valid, unless
the third party knew or ought to have known that the authorization contract had been terminated.
2. In case of authorization without remuneration, the authorized party has the right to unilaterally terminate it
perform the contract at any time, but must notify the principal of a contractual period
physical; if the authorization is paid, the authorized party has the right to unilaterally terminate the performance of the contract
contract at any time and must compensate the principal for damage, if any.
Chapter XVII

PROMISE OF AWARDS, PRINCIPLES WITH PRIZE
Article 570. Promise of reward
1. The person who has publicly promised the reward must pay the reward to the person who has performed the required work
of the promiser.
2. The promised work must be specific, doable, and not violate the prohibition of
law, not against social morality.
Article 571. Withdrawal of the promise of reward
Before the due date to start performing the work, the promiseor has the right to withdraw the promise statement
his reward. Withdrawal of a promissory note must be made in the manner and on
means by which the promise of reward has been announced.
Article 572. Rewards
1. In case a job promised a reward is performed by one person, when the job is completed,
successful, the person who does the work is rewarded.
2. When a job that is promised a reward is done by many people, but each person does it
independent of each other, the first to finish is rewarded.
3. In case many people complete the promised job at the same time
the reward is divided equally among them.
4. In case many people collaborate to perform the job promised by the promiser
required bonus, each person is entitled to receive a portion of the reward corresponding to the contribution
its contribution.
Article 573. Competition with prizes
1. The organization of cultural, artistic, sports, scientific, technical and other competitions
not violate the prohibition of the law, not against social ethics.
2. Contest organizers must announce contest conditions, points scale, prizes and levels
prize for each prize.
Changes to the contest conditions must be made in the manner announced for a period of time
reasonable prior to the contest.
3. The winner has the right to request the contest organizer to award the prize according to the announced amount.
Chapter XVIII

PERFORMANCE WITHOUT WOMEN AUTHORIZATION
Article 574. Performing work without authorization ủy
Performing work without authorization is when a person has no obligation to perform the work
but voluntarily performed the work for the benefit of the person whose work was performed when

this person does not know or knows without objecting.
Article 575. Obligation to perform work without authorization
1. The person performing the work without authorization is obliged to perform the work in accordance with his/her ability
their abilities and conditions.
2. The person performing the work without authorization must perform the work as if it were his/her own job
themselves; If you know or guess the intentions of the person who has the job, you must perform the work accordingly
with that intention.
Page 7

3. The person performing the work without authorization must notify the person whose work is performed
about the process and results of job performance, if required, unless the person with the job has already done so
know or the person performing the work without authorization does not know the place of residence or headquarters of
that person.
4. Where the person whose work is performed dies, if he is an individual, or ceases to exist, if
is a legal entity, the person performing the work without authorization must continue to perform the work
until the heir or representative of the person whose work is performed has continued
take.
5. Where there is a good reason that the person performing the work without authorization cannot
If you continue to perform the work, you must notify the person whose work is performed, the representative
or relatives of this person or can ask someone else to do the work for them
do work.
Article 576. Payment obligations of persons whose work is performed
1. The person whose work is performed must accept the work when the person performing the work
without authorization to hand over the work and pay reasonable expenses incurred by the person performing the work
non-authorization spent in performing the work, even in the event of failure of the work
get the results you want.
2. The person whose work is performed must pay the person performing the work without authorization
a remuneration when this person performs a thoughtful, beneficial work for him, except when
the person performing the work without authorization refuses.
Article 577. Obligation to compensate for damage
1. When the person performing the work without authorization intentionally causes damage while performing the work
compensation must be paid to the person whose work is performed.
2. If the person performing the work without authorization unintentionally causes damage while performing
the job, depending on the circumstances of undertaking the job, that person may be entitled to a reduction in the amount of compensation
often.
Article 578. Termination of work without authorization
The performance of work without authorization terminates in the following cases:
1. At the request of the person whose work is performed.
2. The person whose work is performed, the heir or the representative of the person whose work is performed
is accepted for the job.
3. The person performing the work without authorization cannot continue to perform the work as prescribed
specified in Clause 5, Article 575 of this Code.
4. The person performing the work without authorization dies, if an individual, or ceases to exist, if,
legal.
Chapter XIX

OBLIGATION OF REFUND BECAUSE OF OWNERSHIP AND USE OF PROPERTIES, BENEFITS
PROPERTY PROFITS WITHOUT LEGAL BASIS
Article 579. Obligation to return
1. A person who possesses or uses another person's property without a legal basis must:
return to the owner or holder of other rights to such property; if you can't find the owner
Owners or holders of other property-related rights must hand them over to competent state agencies, except
the case specified in Article 236 of this Code.
2. Persons who benefit from property without a legal basis and cause damage to others must be
return such benefits to the damage sufferers, except for the case specified in Article 236 of this Code.
Article 580. Returned property
1. The person possessing or using the property without a legal basis must return the entire property
product has been obtained.
2. If the returned property is a specific object, the exact same object must be returned; if that particular object is
loss or damage must be compensated in cash, unless otherwise agreed.
3. In case the returned property is an object of the same type but is lost or damaged, the same object must be returned
type or compensate in cash, unless otherwise agreed.
4. Persons who benefit from property without a legal basis must return such property gains
to the victim in kind or in money.
Article 581. Obligation to return yields and profits
1. The possessor, the user of the property, the person who benefits from the property without a legal basis
law and not in good faith, must return the yield and income from the time of possession and use
property, benefiting from property without a legal basis.
2. The possessor, the user of the property, the person who benefits from the property without a legal basis
law, but in good faith, must return the yield or profit from the time that person knew or
must know that the possession, use of property, and the benefit of property have no legal basis, except
the case specified in Article 236 of this Code.
Article 582. Right to request a third party to refund
In case the person possessing or using the property without a legal basis has handed over the property
property to a third party, when requested to be returned by the owner or holder of other rights to the property,
a third party is obliged to return such property, unless otherwise provided for by this Code; if talented
the property has been paid in cash or with compensation, the third party has the right to demand the person who delivered the property
property to compensate for the damage.
Article 583. Payment obligations
Owners, holders of other rights to property, and damage sufferers must have their property returned
pay necessary expenses incurred by the possessor, the user of the property, and the beneficiary of the property
without a legal basis but in good faith spent to preserve and increase the value of the property.
Chapter XX

RESPONSIBILITIES FOR OUT-CONTRACT DAMAGE
Section 1. GENERAL PROVISIONS
Article 584. Grounds for arising liability for damage compensation
1. Those who commit acts of infringing upon the life, health, honor, dignity, prestige, property,
Other lawful rights and interests of other people, which cause damage, must be compensated, except for cases where:
This Code and other relevant laws provide other provisions.
2. Damage-causing person is not responsible for damage compensation in case of damage
arising due to a force majeure event or entirely due to the fault of the aggrieved party, unless there is
otherwise agreed or otherwise provided by law.
3. In case property causes damage, the owner or possessor of the property must take responsibility
compensate for damage, except for the case of damage arising as prescribed in Clause 2 of this Article.
Article 585. Principles of compensation for damage
1. Actual damage must be fully and promptly compensated. The parties may agree on the amount of
compensation, the form of compensation in money, in kind or performance of a job, means
one-time or many-time compensation, unless otherwise provided for by law.
2. The person responsible for compensation may be entitled to a reduction in compensation if there is no fault
or make an unintentional mistake and the damage is too great compared to their economic ability.
3. When the compensation level is no longer consistent with reality, the aggrieved party or the damage-causing party can
the right to request the Court or other competent state agency to change the level of compensation.
4. When the aggrieved party is at fault in causing the damage, it is not entitled to compensation for the part of the damage caused by the fault
caused by their own.
5. The party whose rights and interests are infringed shall not be compensated if the damage occurs due to failure to apply
take necessary and reasonable measures to prevent and limit damage to themselves.
Article 586. Capacity of individuals to be responsible for compensation for damage
1. Persons aged full eighteen years or older who cause damage must compensate by themselves.
2. If a person under fifteen years of age causes damage and his/her father or mother is still under 15 years of age, the father or mother must compensate in full
damages; if the property of the parents is not enough to compensate but the minor children cause damage,
private property, such property shall be used to compensate for the deficit, except for the case specified in Article 599
of this Code.
Persons between full fifteen years of age and under eighteen years of age who cause damage must compensate in kind
its property; If there is not enough property to compensate, the father or mother must compensate the missing part
with its property.
3. Minors, people who have lost their civil act capacity, and people with difficulties in receiving
knowledge or control of the act causing damage, but if there is a guardian, that guardian is entitled to use the property
of the ward for compensation; if the ward has no or insufficient assets
property for compensation, the guardian must compensate with his/her property; if the guardian
If you can prove that you are not at fault in the guardianship, you do not have to take your property to compensate
often.
Article 587. Compensation for damage caused by more than one person
In case more than one person causes damage together, those persons must jointly compensate the other person
suffered damage. Compensation liability of each person who jointly causes damage is determined accordingly
with each person's degree of error; If the fault cannot be determined, they must compensate for the damage
in equal parts.
Article 588. Statute of limitations for initiating lawsuits to claim damages
The statute of limitations for initiating a lawsuit to claim damages is 3 years from the date the person entitled to claim knows
or must know that their legitimate rights and interests have been infringed.
Section 2. DETERMINATION OF DAMAGE
Article 589. Damage caused by infringing property
Damage caused by infringing property includes:
1. Property is lost, destroyed or damaged.
2. Benefits associated with the use and exploitation of lost or reduced properties.
3. Reasonable costs to prevent, limit and remedy damage.
4. Other damage prescribed by law.
Article 590. Damage caused by infringement of health
1. Damage caused by infringing health includes:
a) Reasonable expenses for medical treatment, fostering and rehabilitation of lost or reduced health and functions
loss of the aggrieved person;
b) The actual lost or reduced income of the aggrieved person; if the person's real income
If the damage is unstable and cannot be determined, the average income of workers shall apply
movement of the same type;
c) Reasonable expenses and actual lost income of caregivers of the aggrieved person during this period
treatment time; if the injured person loses the ability to work and requires permanent staff
care, the damage includes reasonable expenses for the care of the aggrieved person;
d) Other damage prescribed by law.
2. Person responsible for compensation in case the health of others is violated
must pay compensation for damage as prescribed in Clause 1 of this Article and another sum of money to make up for the loss
mental loss suffered by the person. The level of compensation to compensate for mental loss caused by the parties
agree; if no agreement can be reached, the maximum amount for a person in good health will be violated
not exceeding fifty times the base salary prescribed by the State.
Article 591. Damage caused by infringement of life
1. Damage caused by infringing life includes:
a) Damage caused by infringing upon health as prescribed in Article 590 of this Code;
b) Reasonable expenses for burial;
c) Alimony for those for whom the damage sufferer is obliged to support;
d) Other damage prescribed by law.
2. Persons responsible for compensation in case other people's lives are infringed
must pay compensation for damage as prescribed in Clause 1 of this Article and another sum of money to make up for the loss
mental loss for the first-line heirs of the aggrieved person,
without these people, the person whom the aggrieved person has directly raised, who has
to directly nurture the aggrieved person is entitled to this amount. Compensation level for damage
mental loss as agreed by the parties; If no agreement can be reached, the maximum amount for one person
whose life is infringed must not exceed one hundred times the base salary prescribed by the State.
Article 592. Damage caused by infringing upon honor, dignity or reputation
1. Damage caused by infringing upon honor, dignity or reputation includes:
a) Reasonable expenses to limit and remedy damage;
b) Actual lost or reduced income;
c) Other damage prescribed by law.
2. Person responsible for compensation in case of honor, dignity and reputation of person
other infringed parties must compensate for damage as prescribed in Clause 1 of this Article and a sum of money
other to compensate for the mental loss suffered by that person. The level of compensation to compensate for the loss of
spirit as agreed by the parties; if no agreement can be reached, the maximum amount for a person with a name
Infringement, dignity and reputation must not exceed ten times the base salary prescribed by the State.
Article 593. Time limit for enjoying compensation for damage to life and health
1. In case the aggrieved person completely loses his/her working capacity, the aggrieved person may
receive compensation from the time of complete loss of working capacity until death, except
other agreement.
2. In case the damage sufferer dies, the people for whom this person is obliged to support when
survivors are entitled to alimony from the time the person whose life is violated dies in
the following deadlines:
a) A minor or a pregnant person is the child of a deceased person who is still alive after birth
to enjoy alimony until they reach the age of eighteen, except in cases where the person is over ten years old
from the age of five to less than eighteen years old, have participated in labor and earned enough income to support themselves;
b) Adults who are unable to work are entitled to alimony until
died.
3. For an unborn child of the deceased, the alimony is calculated from the time of birth of this person
out and alive.
Section 3. COMPENSATION FOR DAMAGE IN SOME SPECIFIC CASE
Article 594. Compensation for damage in case of exceeding the limit of legitimate defense
The person who causes damage in the case of legitimate defense is not required to pay compensation to the victim
damages.
The person who causes damage by exceeding the limit of legitimate defense must compensate the victim
harmful.
Article 595. Compensation for damage in case of exceeding the requirements of an urgent situation
1. In case the damage occurs due to exceeding the requirements of an urgent situation, the person causing the damage
must compensate the damage caused by exceeding the requirements of the emergency situation to the aggrieved person
harmful.
2. The person who has caused an urgent situation leading to damage must pay compensation to the aggrieved person
harmful.
Article 596. Compensation for damage caused by stimulant users
1. People who fall into an incapacitated state due to drinking alcohol or using other stimulants
awareness and control of the behavior, causing damage to others, they must compensate.
2. When a person knowingly uses alcohol or other drugs to put another person in a state of distress
If they lose the ability to perceive and control their acts and cause damage, they must compensate the victims
harmful.
Article 597. Compensation for damage caused by persons of the legal entity
Legal entities must compensate for damage caused by their own people while performing their duties
assigned legal person; if the juridical person has already compensated for the damage, it has the right to claim the person at fault in the
causing damage must refund a sum of money as prescribed by law.
Article 598. Compensation for damage caused by official duty performers
The State is responsible for compensating for damage caused by illegal acts of official duty performers
caused in accordance with the Law on Compensation Liability of the State.
Article 599. Compensation for damage caused by persons under fifteen years of age, incapacitated persons
civilly caused during the direct management of schools, hospitals, or other legal entities
1. Persons who are under fifteen years of age during the school's direct management and cause damage,
The school must compensate for the damage that occurs.
2. Persons who lose their civil act capacity cause damage to other people during the hospital or legal period
If the hospital or other legal entity directly manages it, the hospital or other legal entity must compensate for the damage that occurs.
3. Schools, hospitals and other legal entities specified in Clauses 1 and 2 of this Article are not
compensation if they can prove that they are not at fault in management; in this case, father, mother,
guardians of persons under fifteen years of age or persons who have lost their civil act capacity must compensate.
Article 600. Compensation for damage caused by employees or apprentices
Individuals and legal entities must compensate for damage caused by employees or apprentices while
perform the assigned work and have the right to claim that the employee or apprentice is at fault in
the damage must be refunded a sum of money as prescribed by law.
Article 601. Compensation for damage caused by sources of extreme danger
1. Sources of extreme danger include motorized transport vehicles, power transmission systems, buildings
industrial machinery in operation, weapons, explosives, combustibles, poisons, radioactive substances, wild animals and
other sources of extreme danger prescribed by law.
The owner of the source of extreme danger must operate, use, maintain, keep, and transport
sources of extreme danger in accordance with the law.
2. Owners of sources of extreme danger must compensate for damage caused by sources of extreme danger
out; if the owner has assigned it to another person to possess and use it, this person must compensate, except
otherwise agreed upon.
3. Owners, possessors and users of highly dangerous sources must compensate for damage even if they
no errors, except in the following cases:
a) The damage occurred entirely due to the intentional fault of the damage sufferer;
b) Damage occurs in case of force majeure or emergency situation, except in lawful cases
The law provides otherwise.
4. In case the source of extreme danger is illegally possessed or used, the person occupying
Possession or illegal use of a source of extreme danger must compensate for damage.
When the owner, occupier, or user of a highly dangerous source is at fault for leaving the source
If they are illegally possessed or used at extreme danger, they must jointly compensate for the damage.
Article 602. Compensation for damage caused by environmental pollution
If the subject pollutes the environment and causes damage, he/she must pay compensation in accordance with law.
even if the subject is not at fault.
Article 603. Compensation for damage caused by animals
1. The owner of an animal must compensate other people for damage caused by the animal. occupier
Possession and use of animals must compensate for damage during the time of possession and use of animals, except for
otherwise agreed upon.
2. Where the third person is completely at fault, causing the animals to cause damage to other people, then
the third party must compensate for the damage; If the third person and the owner are at fault, they must be involved
damages.
3. In case an animal is illegally possessed or used, causing damage, the person who possesses or uses it shall
illegal use must compensate; when the owner, possessor, or user of an animal is at fault in
If animals are illegally possessed or used, they must jointly compensate for damage.
4. In case an animal is allowed to let loose according to custom, causing damage, the owner of such animal must compensate
often according to custom but not against the law, social ethics.
Article 604. Compensation for damage caused by trees
Owners, occupiers and persons assigned to manage must compensate for damage caused by trees
out.
Article 605. Compensation for damage caused by houses and other construction works
Owners, occupiers, persons assigned to manage and use buildings and constructions
Others must compensate for damage caused by those houses or other construction works causing damage to people
other.
When the builder is at fault in letting the house or other construction work cause damage, he/she must contact the contractor
compensation zone.
Article 606. Compensation for damage caused by infringing upon the body
1. Individuals and legal entities that infringe upon the body must compensate for damage.
2. Damage caused by infringing upon the body includes reasonable expenses to limit and remedy the damage.
3. The person responsible for compensation when the body is infringed must pay compensation according to the provisions of
Clause 2 of this Article and another sum of money to compensate for the mental loss of loved ones
like to belong to the first line of heirs of the deceased, without these people, the person in charge of
continue to take care of the dead to enjoy this money. Compensation level for mental loss
spirit as agreed by the parties; If no agreement can be reached, the maximum amount for each violated body
not exceed thirty times the base salary prescribed by the State.
Article 607. Compensation for damage caused by trespassing
1. Individuals or legal entities that infringe upon the graves of others must compensate for damage.
2. Damage caused by trespassing on graves includes reasonable expenses to limit and remedy the damage.
3. The person responsible for compensation in case another person's grave is infringed must
compensation as prescribed in Clause 2 of this Article and another sum of money to cover mental loss
god for relatives in the order of inheritance of the deceased; without the
this person, the person who directly takes care of the dead person is entitled to this money. Compensation level
compensate for mental loss as agreed by the parties; if no agreement can be reached, the maximum amount for
for each grave infringed, no more than ten times the base salary prescribed by the State.
Article 608. Compensation for damage caused by violations of consumers' rights
Individuals or legal entities that produce or trade in goods or services that do not guarantee the quality of goods,
services that cause damage to consumers must be compensated.
The fourth part

INHERIT
Chapter XXI

GENERAL RULES
Article 609. Inheritance right
Individuals have the right to make a will to dispose of their property; leave your property to others
inheritance according to law; inheritance by will or by law.
The heir is not an individual who has the right to inherit under the will.
Article 610. Equality in inheritance of individuals
All individuals are equal in the right to leave their property to others and the right to inherit
property by will or by law.
Article 611. Time and place of opening inheritance
1. The time of opening the inheritance is the time of death of the property owner. Where the Court declares a
If the person is dead, the time of opening the inheritance is the date specified in Clause 2, Article 71 of the Code
this.
2. The place of opening the inheritance is the last residence of the person leaving the estate; if not determined
the place of last residence, the place of opening the inheritance is the place where the entire estate is located or where the majority of the estate is located.
Article 612. Heritage
Estate includes the separate property of the deceased, the deceased's portion of the property in common with
others.
Article 613. Heirs
An heir being an individual must be a person who was still alive at the time of opening the inheritance or was born and still alive
lived after the time of opening the inheritance but became pregnant before the person leaving the estate died. Case
If the heir under the will is not an individual, it must exist at the time of opening the inheritance.
Article 614. Time of arising rights and obligations of heirs
From the time of opening the inheritance, the heirs have the property rights and obligations due to the deceased
again.
Article 615. Performance of property obligations left by the deceased
1. The heirs are responsible for performing property obligations within the scope of the estate
left by the deceased, unless otherwise agreed.
2. Where the estate has not been divided, the property obligations left by the deceased shall be managed by the person who has passed on
estate made under the agreement of the heirs to the extent of the estate left by the deceased
again.
3. Where the estate has been divided, each heir shall perform the property obligations due to the deceased
to leave corresponding but not exceeding the portion of the property that they have received, unless otherwise agreed
other agreement.
4. In case the heir is not an individual who enjoys the estate according to the will, he must also do so
perform property obligations left by the deceased as an individual heir.
Article 616. Estate administrator
1. The administrator of the estate is the person appointed in the will or agreed by the heirs
nominated.
2. In case the will does not appoint an estate administrator and the heirs have not yet been appointed
the administrator of the estate, the person possessing, using and managing the estate continues to manage the estate
until the heirs appoint an administrator of the estate.
3. In case the heir has not been identified and the estate has no manager as prescribed
in Clauses 1 and 2 of this Article, the estate shall be managed by a competent state agency.
Article 617. Obligations of the estate administrator
1. An estate administrator specified in Clauses 1 and 3, Article 616 of this Code has the following obligations:
here:
a) Make a list of heritage; recover property belonging to the deceased's estate that others are occupying
ownership, unless otherwise provided for by law;
b) Preservation of heritage; may not sell, exchange, give, pledge, mortgage or dispose of property
by other means, without the written consent of the heirs;
c) Notify the status of the estate to the heirs;
d) To pay compensation for damage if they breach their obligations and cause damage;
d) Hand over the estate at the request of the heir.
2. Persons who are possessing, using and managing the estate specified in Clause 2, Article 616 of this Code
have the following obligations:
a) Preserving heritage; may not sell, exchange, give, pledge, mortgage or dispose of property
by other means;
b) Notice of the estate to the heirs;
c) To pay compensation for damage if they breach their obligations and cause damage;
d) Hand over the estate as agreed in the contract with the estate leaver or at the request of the estate leaver
heir.
Article 618. Rights of estate administrators
1. An estate administrator specified in Clauses 1 and 3, Article 616 of this Code has the following rights:
here:
a) Representing the heirs in relation to a third person related to the inheritance;
b) To be entitled to remuneration as agreed with the heirs;
c) To be paid the cost of preserving the heritage.
2. Persons who are possessing, using and managing the estate specified in Clause 2, Article 616 of this Code
have the following rights:
a) To continue using the estate as agreed in the contract with the estate leaver or to
consent of the heirs;
b) To be entitled to remuneration as agreed with the heirs;
c) To be paid the cost of preserving the heritage.
3. In case an agreement cannot be reached with the heirs on the remuneration level, the manager shall
estate agent shall be entitled to a reasonable remuneration.
Article 619. Inheritance of persons who have the right to inherit each other's estates who die together
time
In case the people with the right to inherit each other's estate both die at the same time or receive
considered dead at the same time because it is impossible to determine who died first (hereinafter referred to as .)
die at the same time), they cannot inherit each other's estate, and each person's estate belongs to each other
his/her heirs, except for the case of inheriting a position as prescribed in Article 652 of the Code
this.
Article 620. Refusal of inheritance
1. The heir has the right to refuse to receive the estate, except where the refusal is to evade the work
fulfill its property obligations to others.
2. The refusal to accept the estate must be made in writing and sent to the administrator of the estate, who
other heirs who are tasked with dividing the estate to know.
3. The refusal to receive the estate must be shown before the time of division of the estate.
Article 621. Persons not entitled to inheritance
1. The following people are not entitled to inherit:
a) Persons convicted of intentional infringing upon life, health or ill-treatment
seriously, torturing the person who left the legacy, seriously infringing upon the honor and dignity of the
that person;
b) The person seriously violates the obligation to nurture the estate leaver;
c) Persons convicted of intentionally infringing upon the lives of other heirs in order to enjoy part of the
or the whole portion of the estate to which the heir is entitled;
d) Persons who commit acts of deception, coercion or obstruction of estate leavers in making wills; fake
forging a will, modifying a will, annuling a will, concealing a will in order to enjoy part or all of it
estate against the will of the person who left the estate.
2. The persons specified in Clause 1 of this Article are still entitled to the estate, if the person who left the estate has
know the behavior of those people, but still give them inheritance according to the will.
Article 622. Property without an heir
In case there is no heir according to the will, according to the law or there is but no heir
the right to inherit the estate, refuses to receive the estate, the property remains after the property obligations have been fulfilled
without an heir belonging to the State.
Article 623. Statute of limitations for inheritance
1. The statute of limitations for an heir to request an estate division is 30 years for immovable property, 10 years for
movable property, from the time of opening the inheritance. At the end of this period, the estate belongs to the current heir
manage that legacy. If there is no heir who is managing the estate, the estate will be released
decide as follows:
a) The property is owned by the person currently possessing it as prescribed in Article 236 of the Code
this;
b) The estate belongs to the State, if there is no possessor specified at Point a of this Clause.
2. The statute of limitations for an heir to request confirmation of his or her inheritance right or rejection of his inheritance
the inheritance of another person is 10 years from the time of opening the inheritance.
3. The statute of limitations for requesting the heir to perform the property obligations left by the deceased is 03 years,
from the time of opening the inheritance.
Chapter XXII

Inheritance By Will
Article 624. Wills
A will is an expression of an individual's will to transfer his or her property to another person after the
died.
Article 625. Testator
1. Adults who fully meet the conditions specified at Point a, Clause 1, Article 630 of this Code have:
the right to make a will to dispose of his property.
2. Persons between full fifteen years of age and under eighteen years of age may make a will, if allowed by their father or mother
or guardian agrees to make a will.
Article 626. Rights of testator
The testator has the following rights:
1. Designate an heir; disenfranchisement of the heir.
2. Allotment of inheritance for each heir.
3. Set aside a part of property in the heritage block to bequeath and worship.
4. Assign obligations to heirs.
5. Designate the will-keeper, the administrator of the estate, the division of the estate.
Article 627. Form of testament
Wills must be made in writing; If it is not possible to make a will in writing, it may be
good luck.
Article 628. Written wills
A written will includes:
1. A written will without witnesses.
2. A written will with witnesses.
3. Notarized written will.
4. A written will with certification.
Article 629. Oral wills
1. In case a person's life is threatened by death and it is impossible to make a will in writing, then
an oral will can be made.
2. After 03 months from the time of oral will, the testator is still alive, sane and bright
then the oral will is automatically annulled.
Article 630. Lawful wills
1. A lawful will must fully satisfy the following conditions:
a) The testator is lucid and lucid while making the will; without being deceived, threatened, or coerced
squeeze;
b) The content of the will does not violate the prohibition of the law or against social ethics; dier form
not contrary to the provisions of the law.
2. Wills of persons aged between full fifteen and under eighteen must be made in writing
and must have the consent of the father, mother or guardian to make a will.
3. Wills of persons with physical limitations or those who are illiterate must be made
written certification and notarized or authenticated.
4. A written will without notarization or authentication is only considered legal, if there are enough
the conditions specified in Clause 1 of this Article.
5. An oral will is considered legal if the oral testator shows his or her final will
in front of at least two witnesses and immediately after the oral testator has expressed his final will
Finally, the witness takes notes, jointly signs or points. Within 5 working days,
From the date the oral testator expresses his final will, the will must be notarized
or authenticated authority certifying the signature or fingerprint of the witness.
Article 631. Contents of wills
1. A will includes the following main contents:
a) Date, month and year of making the will;
b) Full name and place of residence of the testator;
c) Full name of the person, agency or organization entitled to the estate;
d) The legacy left behind and where the estate is located.
2. In addition to the contents specified in Clause 1 of this Article, a will may contain other contents.
3. Wills must not be abbreviated or written in symbols, if the will consists of many pages, each page
must be numbered and signed or stamped by the testator.
In case a will is erased or corrected, the testator himself or the will witness
Wish must sign next to the place of erasure and correction.
Article 632. Witnesses for the making of wills
Everyone can testify to the making of a will, except the following:
1. Heirs according to the will or at law of the testator.
2. Persons with property rights and obligations related to the content of the will.
3. Minors, people who have lost their civil act capacity, and people with difficulties in receiving
awareness, control behavior.
Article 633. Written will without witnesses làm
The testator must write and sign the will himself.
The making of a written will without witnesses must comply with the provisions of Article 631 of
This Code.
Article 634. Written wills with witnesses
In case the testator does not write the will by himself, he can type it himself or
Have someone else write or type the will, but there must be at least two witnesses.
The testator must sign or point to the will in front of the witnesses;
the witnesses certify the signature and fingerprints of the testator and sign the will.
The making of a written will with witnesses must comply with the provisions of Articles 631 and Article 6
632 of this Code.
Article 635. Notarized or authenticated wills
The testator may request notarization or certification of the will.
Article 636. Procedures for making a will at a notary practice organization or the People's Committee
commune
The making of a will at a notary public practice organization or the commune-level People's Committee must comply with:
the following procedure:
1. The testator declares the contents of the will before a notary or a competent person
authentication authority of the commune-level People's Committee. Notary public or authorized person
authentication of the commune-level People's Committee must record the contents declared by the testator
Father. The testator signs or points to the will after confirming that the will has been written
accurately copy and express your will. Notary public or authorized person
authenticated by the commune-level People's Committee to sign the will.
2. If the testator cannot read or hear the will, he or she will not sign it

If you can't score, you must ask a witness and this person must sign for certification in front of you
a notary public or a person competent to authenticate of the commune-level People's Committee. Notarized
a member or person competent to certify the will of the commune-level People's Committee shall certify the will
in front of the testator and witnesses.
Article 637. Persons not allowed to notarize or authenticate wills
Notaries and competent persons of the commune-level People's Committees may not notarize,
authenticate the will if it falls into one of the following cases:
1. Heirs according to the will or at law of the testator.
2. Persons whose father, mother, spouse or children are heirs according to a will or at law.
3. Persons with property rights and obligations related to the content of the will.
Article 638. A written will is as valid as a notarized or authenticated will
1. Will of an active-duty soldier certified by the head of the unit at the company level or higher, if
Military personnel cannot request notarization or certification.
2. The will of the person traveling on the ship or plane, certified by the commander of the vehicle
there.
3. The will of the person being treated at a hospital, other medical treatment or nursing facility, certified
of the person in charge of that hospital or facility.
4. Will of the person who is doing surveying, exploration and research work in the mountains, forests and islands
certified by the person in charge of the unit.
5. Wills of Vietnamese citizens living abroad certified by consular offices or representatives
Vietnamese diplomatic representative in that country.
6. Will of a person who is being held in custody or temporary detention, is serving a prison sentence, or is serving a sentence
Take administrative handling measures at educational institutions, medical treatment establishments certified by the woman
blame that facility.
Article 639. Wills made by a notary at the place of residence
1. The testator may request a notary to come to his/her place of residence to make a will.
2. The procedure for making a will at the place of residence is the same as the procedure for making a will at a public practice organization
evidence as prescribed in Article 636 of this Code.
Article 640. Amendment, supplementation, replacement and annulment of wills
1. The testator may amend, supplement, replace or cancel the will he has made at any time.
2. In case the testator adds a will, the made will and the supplement take effect
the same law; if part of the will made and the supplement conflict, only
legally enforceable supplement.
3. In case the testator replaces the will with a new one, the previous will will be annulled.
Article 641. Deposit of wills
1. The testator may request the notarial practice organization to keep it or send it to another person
keep the will.
2. In case the notary practice organization keeps the will, it must preserve and preserve it according to the law
provisions of this Code and the law on notarization.
3. A testament holder has the following obligations:
a) Keep the content of the will secret;
b) Preserve and preserve the will; If the will is lost or damaged, it must be reported immediately
make a will;
c) Return the will to the heir or the person competent to announce the will, when the
make a death will. The handover of the will must be made in writing and signed by the giver.
recipient and in the presence of at least two witnesses.
Article 642. Lost or damaged wills
1. From the time of opening the inheritance, if the will is lost or damaged to the extent that it cannot be displayed
full will of the testator and there is no evidence to prove the will
true will of the testator, there is no will and the provisions of
legal inheritance.
2. If the estate has not been divided but a will is found, the estate shall be divided according to the will.
3. Within the statute of limitations for requesting the division of the estate, if the estate has been divided and the will is found, it must be divided
according to the will if the willful heirs so request.
Article 643. Effect of wills
1. The will takes effect from the time of opening the inheritance.
2. A will is not valid in whole or in part in the following cases:
a) The testamentary heir dies before or at the same time as the testator;
b) The agency or organization designated as the heir no longer exists at the time of opening the inheritance.
In case there are many heirs according to the will, but one of them dies first or dies at the same time
with the testator, one of many agencies or organizations designated to inherit under the will
no longer exists at the time of opening the inheritance, only the part of the will is related to individuals, institutions
authority, this organization has no effect.
3. A will is invalid if the estate left to the heir is no longer available at the time of opening
inherit; if the estate left to the heirs is only a part, the will part of the estate remains
is still in effect.
4. When a will is illegal without affecting the validity of the remaining parts, then
only that part has no effect.
5. When a person leaves more than one will on a property, only the last will is effective
force.
Article 644. The heir does not depend on the contents of the will
1. The following people are still entitled to an inheritance equal to two-thirds of an excess:
according to the law if the estate is divided according to the law, in case they are not established by the
a will for the inheritance or for the inheritance of less than two-thirds of the estate:
a) Minor children, father, mother, wife, husband;
b) Adult children without working capacity.
2. The provisions of Clause 1 of this Article do not apply to the person who refuses to receive the estate as prescribed in
Article 620 or they are the people who do not have the right to inherit the estate as prescribed in Clause 1 of Article
621 of this Code.
Article 645. Heritage used for worship
1. In case the testator leaves a part of the estate to be used for worship, that part of the estate shall be used
inheritance is not divided and is assigned to the person designated in the will to manage
performing worship; if the designee fails to properly execute the will or does not comply with the
consent of the heirs, the heirs have the right to assign the portion of the estate to be used for
worship for others managed to worship.
In case the estate leaver does not appoint a manager of the worshiping estate, the heirs
appoint the administrator of the worship estate.
In case all the heirs according to the will have died, the part of the estate shall be used for worship
belongs to the person who is legally managing the estate among the heirs under the
law.
2. Where the entire estate of the deceased is not enough to pay off his/her property obligations
that part of the estate may not be used for worship.
Article 646. Gifts
1. Bequest is the act of giving a part of the estate by the testator to another person. The donation must
specified in the will.
2. An individual bequeathed person must be still alive at the time of opening the inheritance or being born and still
lived after the time of opening the inheritance but became pregnant before the person leaving the estate died. Case
the benefactor who is not an individual must exist at the time of opening the inheritance.
3. The bereaved person is not required to perform property obligations for the part to be bequeathed, except in the following cases:
In case the entire estate is not enough to pay the property obligations of the testator, the part of the will
is also used to fulfill the remainder of this person's obligations.
Article 647. Publication of wills
1. In case a written will is kept at a notary practice organization, the public notary shall
The witness is the person who makes the will.
2. In case the testator appoints a testator, this person has a public obligation
father will; if the testator does not designate or appoints but the person is appointed from
refuses to announce the will, the remaining heirs agree to appoint a will announcer.
3. After the time of opening the inheritance, the testator must make copies and send the will to all the people who have the will
relating to the content of the will.
4. The person who receives a copy of the will has the right to request a comparison with the original of the will.
5. If a will is made in a foreign language, it must be translated into a foreign language
Vietnamese and must be notarized or authenticated.
Article 648. Interpretation of wills
In case the content of the will is unclear, leading to different interpretations, the
Inheritance by will must jointly explain the content of the will based on the true will first
of the deceased, taking into account the deceased's relationship with the heirs under the will.
When these people do not agree on how to understand the content of the will, they have the right to ask the Court to resolve
decide.
In case there is a part of the will that cannot be explained but does not affect the
the remainder of the will, only the unexplained part is void.
Chapter XXIII

LEGAL inheritance
Article 649. Inheritance at law
Inheritance according to law is inheritance according to the line of inheritance, the conditions and order of inheritance prescribed by law
regulations.
Article 650. Cases of inheritance according to law
1. Inheritance at law shall apply in the following cases:
a) There is no will;
b) The will is not legal;
c) The testamentary heirs die before or at the same time as the testator;
the agency or organization entitled to inherit according to the will no longer exists at the time of opening the inheritance;
d) Persons designated as heirs under the will who do not have the right to inherit
or refuse to accept the estate.
2. Inheritance at law also applies to the following parts of the estate:
a) The part of the estate that is not determined in the will;
b) The part of the estate related to the part of the will has no legal effect;
c) The part of the estate related to the heirs according to the will but they do not have the right to enjoy
estate, refuses to receive the estate, dies before or at the same time as the testator; relate to
to the agency or organization entitled to the estate under the will, but no longer exists at the time of opening
inherit.
Article 651. Legal heirs
1. The at-law heirs are specified in the following order:
a) The first line of inheritance includes: wife, husband, natural father, natural mother, adoptive father, adoptive mother, natural child and adopted child of
DEADMAN;
b) The second line of inheritance includes: paternal grandfather, grandmother, maternal grandfather, grandmother, biological brother, sister, and younger brother.
DEADMAN; the biological grandchildren of the deceased and the deceased are grandfathers, grandmothers, maternal grandfathers, grandmothers;
c) The third line of inheritance includes: paternal and maternal great-grandfathers of the deceased; aunt, uncle, uncle, aunt,
biological aunt of the dead person; the biological nephew of the deceased and the deceased person is an uncle, an uncle, an uncle, an aunt
intestines, aunts; great-grandson of the deceased, but the deceased is a paternal great-grandfather.
2. The heirs of the same row shall enjoy an equal share of the estate.
3. People in the following line of inheritance will only inherit if there is no one left in the inheritance row
prior due to death, inability to inherit, disqualification or refusal to receive an inheritance
produce.
Article 652. Inheritance of position
In case the estate leaver's children die before or at the same time as the leaver
then the grandchild is entitled to the portion of the estate that his or her father or mother would enjoy if he were still alive; if you
also die before or at the same time as the person who left the estate, the great-grandchildren will inherit the estate
that the great-grandchild's father or mother would receive if still alive
Article 653. Inheritance relationship between adopted child and adoptive father, adoptive mother and natural father and mother
Adopted children and adoptive fathers and adoptive mothers are entitled to inherit each other's estates and also inherit their estates according to regulations
prescribed in Articles 651 and 652 of this Code.
Article 654. Inheritance relationship between stepchildren and stepfather, stepmother
Stepchildren and stepfather, stepmother if there is a relationship of caring and nurturing each other like father and son, mother and child
then may inherit each other's estates and also inherit the estates according to the provisions of Articles 652 and Article 2 of this Law
653 of this Code.
Article 655. Inheritance in cases where husband and wife have divided common property; husband and wife are
get a divorce or are married to someone else
1. In case a husband and wife have divided common property while the marriage is still in existence and then one of them dies
the surviving person still inherits the estate.
2. In case a husband or wife applies for a divorce but has not been granted a divorce or has been granted a divorce by a court judgment
or the decision has not yet taken effect, if one person dies, the living person will still inherit
heritage design.
3. A person who was a spouse of a person at the time of his/her death, even though he was later married
If you marry someone else, you will still inherit the estate.
Chapter XXIV

PAYMENT AND DISTRIBUTION OF THE BEER
Article 656. Meeting of heirs
1. After the announcement of the opening of the inheritance or the publication of the will, the heirs have
may meet to agree on the following:
a) Appoint an estate administrator and divider to determine the rights and obligations of those who
this, if the estate is not specified in the will;
b) The manner in which the estate is divided.
2. All agreements of the heirs must be made in writing.
Article 657. Estate divider
1. The person distributing the estate can also be the administrator of the estate designated in the will
or appointed by agreement of the heirs.
2. The person distributing the estate must divide the estate according to the will or agreement of the parties
legal heirs.
3. The person who distributes the estate is entitled to remuneration, if the leaver of the estate allows it in the will
or agreed heirs.
Article 658. Order of priority for payment
Property obligations and inheritance-related expenses are paid in the following order
here:
1. Reasonable and customary expenses for burial.
2. Missing alimony.
3. Expenses for heritage preservation.
4. Subsidies for dependents.
5. Labor wages.
6. Compensation for damage.
7. Taxes and other payables to the state budget.
8. Other debts to individuals and legal entities.
9. Fines.
10. Other expenses.
Article 659. Distribution of estate according to wills
1. The division of the estate shall be done according to the will of the testator; if the will is not valid
specifying the share of each heir, the estate is divided equally among the designees
in the will, unless otherwise agreed.
2. In case the will determines the division of the estate in kind, the heirs are entitled to receive the present
objects accompanied by yields or profits obtained from such in-kind or to bear the value of such in-kind objects
decrease up to the time of division of the estate; If the artifact is destroyed due to someone else's fault, then
the heir has the right to claim damages.
3. In case the will only determines the division of the estate in proportion to the total value of the estate, the ratio
This rate is calculated on the value of the estate block remaining at the time of division of the estate.
Article 660. Distribution of estate according to law
1. When dividing the estate, if there is an heir in the same row who has become pregnant but has not yet been born, it must
set aside a portion of the estate equal to that of another heir, so that if that heir
alive at birth enjoy; If you die before you are born, the other heirs get
enjoy.
2. The heirs have the right to request the division of the estate in kind; if it can't be divided equally
in kind, the heirs can agree on the valuation of the kind and agree on the
recipient in kind; if no agreement can be reached, the kind will be sold for division.
Article 661. Restrictions on division of estate
In case according to the will of the testator or by agreement of all the heirs
The estate is only distributed after a certain period of time, only after that time limit has expired
be divided.
In case of requesting for division of an inheritance where the division of the estate seriously affects people's lives
of the surviving spouse and family, the surviving party has the right to request the Court to determine
the portion of the estate that the heirs are entitled to but have not distributed the estate for a period of time
certain. This time limit shall not exceed 03 years from the time of opening the inheritance. Expiry of 3 years
The surviving party can prove that the division of the estate still seriously affects the life of the deceased
their families have the right to request the Court to extend the extension once but for no more than 3 years.
Article 662. Distribution of estate in case of new heirs or heirs
denied inheritance
1. In case the estate has been divided but a new heir appears, the division shall not be performed
redistribute the estate in kind, but the heirs who have received the estate must pay for
the new heir an amount corresponding to his or her share of the estate at the time of division
in proportion to the portion of the estate received, unless otherwise agreed.
2. In case the estate has been divided but an heir is denied the right to inherit, that person must:
return the estate or pay an amount equivalent to the value of the estate enjoyed at the time
points for division of inheritance among the heirs, unless otherwise agreed.
Fifth part

LAW APPLICABLE TO CIVIL RELATIONSHIPS WITH WATER ELEMENTS
OUT
Chapter XXV

GENERAL RULES
Article 663. Scope of application
1. This section provides for the law applicable to civil relations involving foreign elements.
In case other laws contain provisions on law applicable to civil relations involving foreign elements
other than the provisions of Articles 664 to 671 of this Code, such law shall apply.
otherwise, the relevant provisions of Part Five of this Code shall apply.
2. A civil relationship involving foreign elements is a civil relationship in one of the following cases:
here:
a) At least one of the participating parties is a foreign individual or legal entity;
b) The participating parties are all Vietnamese citizens or Vietnamese legal entities, but the establishment, change,
the exercise or termination of such relationship occurs in a foreign country;
Page 8

c) The participating parties are all Vietnamese citizens, Vietnamese legal entities, but the subject matter of the relationship
that civilian abroad.
Article 664. Determination of applicable law to civil relations involving foreign elements
1. Laws applicable to civil relations involving foreign elements as determined by treaties
international law to which the Socialist Republic of Vietnam is a member or the law of Vietnam.
2. In the case of an international treaty to which the Socialist Republic of Vietnam is a contracting party or a law
Vietnam stipulates that the parties have the right to choose, the law applicable to civil relations has
foreign elements are determined at the option of the parties.
3. In case it is not possible to determine the applicable law as prescribed in Clauses 1 and 2 of Article
In this case, the applicable law is the law of the country that has the closest relationship with civil relations
that foreign element.
Article 665. Application of international treaties to civil relations involving foreign elements
1. In case an international treaty to which the Socialist Republic of Vietnam is a signatory contains provisions
on the rights and obligations of the parties to civil relations involving foreign elements, the provisions of
that international treaty applies.
2. In case an international treaty to which the Socialist Republic of Vietnam is a signatory contains provisions
different from the provisions of this Part and other laws on the law applicable to weak civil relations
foreign element, the provisions of that international treaty shall apply.
Article 666. Application of international custom
The parties may choose international practices in the case specified in Clause 2, Article 664 of the Ministry
this law. If the consequences of adopting such international practice are contrary to the fundamental principles of
Vietnamese law, Vietnamese law shall apply.
Article 667. Application of foreign laws
In case a foreign law is applied but there are different interpretations, the application
subject to the interpretation of the competent authority in that country.
Article 668. Scope of law referred to
1. The law referred to includes provisions on determining applicable law and regulations on quy
rights and obligations of the parties to the civil relationship, except for the case specified in Clause 4 of Article
this.
2. In case of reference to Vietnamese law, the provisions of Vietnamese law on rights,
obligations of the parties to civil relations apply.
3. In case of reference to the law of a third country, the provisions of the law of the third country on
The rights and obligations of the parties to the civil relations shall apply.
4. In the case specified in Clause 2, Article 664 of this Code, the law chosen by the parties is
regulations on rights and obligations of parties to civil relations, excluding provisions on
determine the applicable law.
Article 669. Application of laws of countries with multiple legal systems
Where the law of a country to which more than one legal system is referred, the applicable law
shall be determined according to the principles established by the laws of that country.
Article 670. Cases where foreign law is not applied
1. The foreign law referred to is not applicable in the following cases:
a) Consequences of the application of a foreign law contrary to the fundamental principles of the law
Vietnam;
b) The content of foreign law cannot be determined even though necessary measures have been taken
required under the procedural law.
2. In case foreign law is not applied as prescribed in Clause 1 of this Article, then
Vietnamese law applies.
Article 671. Statute of limitations
The statute of limitations for civil relations involving foreign elements shall be determined according to the law applicable to civil relations
with that civil relationship.
Chapter XXVI

LEGAL APPLICATION TO PERSONAL AND juridical persons
Article 672. Basis for determining the law applicable to stateless persons and persons with many
nationality
1. Where the law referred to is the law of the country of which the individual has nationality
but that individual is a stateless person, the applicable law is the law of the country in which the person resides
that person resides at the time a civil relationship involving a foreign element arises. If that person has many places
residence or undetermined place of residence at the time of arising of civil relations involving elements yếu
In a foreign country, the applicable law is the law of the country with which the person has the closest relationship.
2. Where the law referred to is the law of the country of which the individual has nationality
but that individual is a person with multiple nationalities, the applicable law is the law of the country where
such person has nationality and resides at the time of arising of civil relations involving foreign elements. If
the person has multiple places of residence or the place of residence or domicile and place of nationality is unknown
different nationalities at the time of arising of civil relations involving foreign elements, the applicable law
is the law of the country with which the person has the nationality and has the closest relationship.
Where the law referred to is the law of the country of which the individual has nationality but
If such individual is a person with multiple nationalities, including Vietnamese nationality, the applicable law is
law of Vietnam.
Article 673. Civil legal capacity of individuals
1. An individual's civil legal capacity is determined according to the law of the country in which he or she has it
nationality.
2. Foreigners in Vietnam have the same civil legal capacity as Vietnamese citizens, except
unless otherwise provided by Vietnamese law.
Article 674. Civil act capacity of individuals
1. An individual's civil act capacity is determined according to the law of the country in which he or she has it
nationality, except for the case specified in Clause 2 of this Article.
2. In case a foreigner establishes and performs civil transactions in Vietnam, his/her capacity
civil acts of such foreigner shall be determined according to Vietnamese law.
3. Identification of individuals who have lost their civil act capacity, have difficulties in perception and control
acts or has limited civil act capacity in Vietnam according to Vietnamese law.
Article 675. Identification of missing or dead individuals
1. The determination of a missing or dead individual is subject to the laws of the country in which he or she is located
nationality at the time before the last news about the person is available, except as provided in
Clause 2 of this Article.
2. The identification in Vietnam of an individual missing or dead according to Vietnamese law.
Article 676. Legal person
1. The nationality of a juridical person is determined according to the law of the country where the juridical person is established.
2. The civil legal capacity of the legal person; the name of the legal person; legal representative of
legal; the organization, reorganization and dissolution of legal entities; the relationship between the legal entity and its members
of a legal person; liability of the juridical person and its members for the obligations of the juridical person
a juridical person shall be determined according to the law of the country of which the juridical person has the nationality, unless
specified in Clause 3 of this Article.
3. In case a foreign legal entity establishes and performs civil transactions in Vietnam, its capacity
the civil law of such foreign legal entity shall be determined in accordance with the law of Vietnam.
Chapter XXVII

LAW APPLICABLE TO PROPERTY RELATIONS, PERSONAL RELATIONS
DEAR
Article 677. Property classification
The classification of assets as movable or immovable property is determined according to the laws of the country where the assets are located
produce.
Article 678. Property rights and other rights to property
1. The establishment, exercise, change and termination of ownership rights and other rights to property are
determined according to the law of the country where the property is located, except for the case specified in Clause 2 of this Article.
2. Ownership and other rights to movable property in transit are determined
in accordance with the laws of the country to which the movable property is transferred, unless otherwise agreed.
Article 679. Intellectual property rights
Intellectual property rights are determined according to the law of the country where the subject matter of intellectual property rights
protection is claimed.
Article 680. Inheritance
1. Inheritance is determined according to the law of the country of which the heir has the nationality
right before death.
2. The exercise of the right of inheritance to immovable property shall be determined in accordance with the law of the country where the
have that property.
Article 681. Wills
1. The capacity to make a will, to change or to annul a will is determined according to the laws of the country in which
the testator has the nationality at the time of making, changing or canceling the will.
2. The form of a will is determined according to the law of the country where the will is made. Form
of a will is also recognized in Vietnam if it is consistent with the law of one of the countries
The following:
a) The country in which the testator resides at the time of making or at the time of testator
died;
b) The country of the testator's nationality at the time of making the will or at the time of the testator;
good luck;
c) The country where the immovable property is located if the inheritance is immovable.
Article 682. Guardianship
Guardianship is determined according to the laws of the country where the ward resides.
Article 683. Contracts
1. The parties to a contractual relationship may agree to choose the law applicable to the contract,
except for the cases specified in Clauses 4, 5 and 6 of this Article. In case the parties do not agree
agreement on the applicable law, the law of the country to which the contract is most closely related
is applied.
2. The laws of the following countries are considered to be the laws of the country with which the contract is most closely connected
copper:
a) The law of the country where the seller resides if he is an individual or the place of establishment if he is a legal entity
for goods sale and purchase contracts;
b) The law of the country where the service provider resides if an individual or the place of incorporation if it is
legal entities for service contracts;
c) The law of the country where the recipient resides if it is an individual or the place of establishment if it is legal
contract for the transfer of the right to use or for the assignment of intellectual property rights;
d) The law of the country where the employee regularly performs work for the labor contract
motion. If the employee regularly performs work in different countries or
If it is not possible to determine where the employee regularly performs work, the law of the country
The most closely related to the employment contract is the law of the country where the employer is located
residence in the case of an individual or establishment in the case of a legal entity;
d) The law of the country where the consumer resides with respect to the contract of consumption.
3. In case it can be proved that the law of another country is different from the law mentioned in Clause 2
This is more closely related to the contract, the applicable law is the law of that country.
4. Where the contract subject is immovable property, the law applicable to the transfer
assigning ownership or other rights to immovable property, renting real property, or using
The use of immovable property to secure the performance of an obligation is the law of the country where the immovable property is located.
5. In case the law is selected by the parties in the labor contract, the consumer contract has an effect
affect the minimum rights of employees and consumers in accordance with the law
Vietnam, the law of Vietnam shall apply.
6. The parties may agree to change the law applicable to the contract, but such change
must not affect the lawful rights and interests of a third party before the replacement
change applicable law, unless a third party agrees.
7. The form of a contract shall be determined according to the law applicable to such contract. School
the form of the contract is not consistent with the form of the contract under the applicable law
with that contract, but in accordance with the form of contract under the law of the country where it entered into
contract or Vietnamese law, such form of contract shall be recognized in Vietnam.
Article 684. Unilateral legal acts
The law applicable to unilateral legal acts is the law of the country where the individual established
that act resides or where the legal entity that establishes the act is established.
Article 685. The obligation to return property due to possession, use or gain of property is groundless
law
Obligation to return due to possession, use or gain of property without a legal basis is determined
determined under the law of the country where the possession or use of the property or the place where the profits are generated
benefits without a legal basis.
Article 686. Performing work without authorization
The parties may agree to choose the law applicable to the performance of the work without authorization
permission. In the absence of an agreement, the applicable law is the law of the country where the performance is made
work without authorization.
Article 687. Compensation for damage outside the contract
1. The parties may agree to choose the law applicable to compensation for damage outside the contract
contract, except for the case specified in Clause 2 of this Article. In the absence of an agreement, the law
of the country in which the consequences of the damaging event arose are applicable.
2. In case the damage-causing party and the aggrieved party have a place of residence, for individuals or cities
established, for juridical persons located in the same country, the laws of that country shall apply.
The sixth part

TERMS ENFORCEMENT
Article 688. Transitional provisions
1. For civil transactions established before the effective date of this Code, the application of the law
The law is set forth as follows:
a) A civil transaction that has not been performed but has a different content and form than the provisions of the Code
In this case, the transaction subject will continue to comply with the provisions of the Civil Code No. 33/2005/QH11 and
legal documents detailing the Civil Code No. 33/2005/QH11, except
The parties to the civil transaction have an agreement on the modification and supplementation of the content and form of the transaction
translated to conform to this Code and to apply the provisions of this Code.
Civil transactions being performed with contents and forms different from those of the Code
In this case, the provisions of the Civil Code No. 33/2005/QH11 and legal documents shall apply
detailing the Civil Code No. 33/2005/QH11;
b) A civil transaction that has not been performed or is being performed but has a content and form
in accordance with the provisions of this Code, the provisions of this Code shall apply;
c) If a civil transaction is completed before the effective date of this Code, there is a dispute
apply the provisions of the Civil Code No. 33/2005/QH11 and other legal documents
detailing the Civil Code No. 33/2005/QH11 for settlement;
d) The statute of limitations shall be applied in accordance with the provisions of this Code.
2. This Code is not applied to protest according to cassation or reopening procedures for the case
which the Court has settled in accordance with the civil law before the effective date of this Code.
Article 689. Effect
This Code takes effect from January 1, 2017.
The Civil Code No. 33/2005/QH11 ceases to be effective from the effective date of this Code.
This Code has been approved by the National Assembly of the Socialist Republic of Vietnam XIII, 10th session
passed on November 24, 2015.

PRESIDENT OF CONGRESS

Nguyen Sinh Hung

Civil Code 2005, Civil Code 2015, Civil Code, Civil Code
4,548,645

Address:

Home page

Sign up

Online Service Packages

Service Agreement

User manual

Look up the law

17 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City Introduce

Phone: (028) 3930 3279 (06 lines)

Contact

Email:

Storage

i n f o@ThuVienPhapLuat.vn

Operational Regulations

DOWNLOAD THE APP ON WOMEN
PHONE

Look up Official Letters
Vietnamese Standard Lookup
male
Law community

Owner: LAW LIBRARY Company . License number: 27/GP-TTĐT, issued by the Department of Information and Communications of Ho Chi Minh City. HCM issued on May 9, 2019.
Main responsibility: Mr. Bui Tuong Vu - Contact phone number: 028 3930 3279
Address: P.702A, Center Point, 106 Nguyen Van Troi, Ward 8, Phu Nhuan District, City. Ho Chi Minh City;
Business Location: No. 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, City. Ho Chi Minh City;
Copyright certificate No. 416/2021/QTG dated January 18, 2021, issued by the Ministry of Culture, Sports and Tourism

Let us help you!
IP: 73.117.55.163

