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Official Gazette

Monday, August 19, 2019
Tags: civil relations
A new approach to applying limitation periods under the 2015 Civil Code A new approach to applying limitation periods under the 2015 Civil Code
This article highlights the new approach adopted by the 2015 Civil Code to the application of limitation periods for requesting settlement of civil cases and matters. It also explores some specific limitation periods for declaring civil transactions null and void, requesting protection of personal rights, initiating contract-related lawsuits, and claiming compensation.
Handling enterprises environmental violations in Vietnam: current situation and suggested solutions for better management Handling enterprises’ environmental violations in Vietnam: current situation and suggested solutions for better management
In recent years, the number of environmental violations committed by legal persons has been on the rise in Vietnam including the cases of Vedan, Sonadezi, Nicotex Thanh Thai, Hao Duong Leather Corporation, Tung Kuang Company, and the most recently the case of Formosa Steel Ha Tinh Company in 2016.
Protection of ownership over property under civil law Protection of ownership over property under civil law
An individual or a legal person that wishes to have other rights over property must also prove the bases for establishment of such rights. Specifically, easement must be established due to natural terrain or in accordance with a law, an agreement or a testament, while usufruct and the right of superficies must arise in accordance with a law, an agreement or a testament.
Free will to enter into contract under the Civil Code Free will to enter into contract under the Civil Code
Freedom of contract in general or free will to enter into contract in particular is one of the basic principles of private law and civil code. Vietnam’s 2015 Civil Code contains necessary revisions to better guarantee these principles in the country’s private law system and in the formation and perfection of legal behavioral standards for subjects of private relations in conformity with international customs and practices.
Third-party security in the Civil Code Third-party security in the Civil Code
The 2015 Civil Code provides nine measures to secure the performance of civil obligations according to two approaches, namely law-prescribed security and agreement-based security, and security without property and security with property. Under either approach, the issue that attracts special attention from the parties to civil transactions is whether third-party security is recognized and what legal contents of this issue are. This article touches upon the issue in light of the Code.
Court precedents in Vietnam: a view from the building of the 2015 Civil Code Court precedents in Vietnam: a view from the building of the 2015 Civil Code
Vietnam’s legislative work has entered a new development period with a focus on recognizing, respecting, protecting and guaranteeing human rights and citizens’ rights and implementing the judicial reform strategy, especially upholding the role of people’s courts in safeguarding justice and exercising the judicial power.
Party resolves to refine market economy institutions Party resolves to refine market economy institutions
The 12th Central Committee of the Communist Party of Vietnam on June 3 issued Resolution 11 of its fifth plenary meeting on completing the institutions of the socialist-oriented market economy, setting objectives for 2030 as well as solutions to achieving these objectives. Following are the principal contents of the Resolution.
Usufruct helps protect the disadvantaged in civil relations Usufruct helps protect the disadvantaged in civil relations
Usufruct is a right newly added to the 2015 Civil Code. Along with easement (servitude) and the right of superficies, usufruct is placed in the group of other rights over property. The connotation of usufruct defined in the Code is basically similar to that provided in other civil codes in the world. By legal nature, usufruct is a type of real rights over others’ property for a specified period.
Right of superficies concretizes the role of Civil Code as law of market economy Right of superficies concretizes the role of Civil Code as law of market economy
As a law of the market economy, the 2015 Civil Code contains substantially reformed provisions on property and ownership to make property truly become a commodity that can have its value maximized by different entities in different modes and on different scales.
A more focus on intellectual property from the new Civil Code and intellectual property law system A more focus on intellectual property from the new Civil Code and intellectual property law system
Vietnam has so far had three Civil Codes of 1995, 2005 and 2015 since January 4, 1995, when the Vietnamese Government filed a formal request for accession to the World Trade Organization (WTO). Each of these Civil Codes presents an interestingly different point of view on intellectual property (IP) in relation to the national system of IP rights protection, as briefly depicted below.

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