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Official Gazette

Saturday, August 24, 2019
Tags: Usufruct
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.
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.
Vietnams new regulations on ownership Vietnam’s new regulations on ownership
After 10 years’ enforcement, the 2005 Civil Code (the 2005 Code) of Vietnam has become impractical in many aspects, especially when the country enters the period of intensive and extensive integration into the world economy. Particularly, the Code’s provisions on ownership have revealed many inadequacies, such as providing the protection of rights of owners only but not rights of other subjects in the exploitation of property and establishment of rights over property, or stipulating forms of ownership without specific criteria, causing inconsistencies in their implementation. The new Civil Code of 2015 (the 2015 Code) has made many new provisions to overcome these inadequacies.
The 2015 Civil Code: A more humane and feasible legal foundation for civil relations The 2015 Civil Code: A more humane and feasible legal foundation for civil relations
The 2015 Civil Code lays a stable and consistent legal foundation to regulate civil relations, minimizing the administrationalization and criminalization of, as well as intervention by public authorities into, civil relations.
Major orientations set for revision of Civil Code Major orientations set for revision of Civil Code

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