VOV | Oct 30, 2015
The revision of the Civil Code continues to be discussed at the 10thsession of the 13th National Assembly. This is an important law, which affects every citizen’s daily life.
The Civil Code, compiled by the Ministry of Justice, stipulates the legal status and standards of behavior of individuals and legal entities. The Civil Code protects the rights and interests of persons, organizations, state agencies, and the public interest, ensures equality and legal security in civil relationships, and creates conditions for meeting people’s cultural and material needs.
Improving the protection of civil rights
The revision of the Civil Code aims to institutionalize measures to acknowledge, respect, protect, and guarantee human rights and civil rights, lay a legal foundation for acknowledging, respecting, protecting, and guaranteeing civil rights, particularly the interests of disadvantaged people, and minimize the intervention of administrative agencies in establishing, changing, and terminating civil relations. Truong Thai Hien, a deputy of Kien Giang province, says: “The revised Civil Code includes new regulations. It specifies civil relations based on democracy, equality, agreement, and responsibility between parties, minimizes administrative intervention by state agencies in civil transactions, and protects the rights and interests of organizations and individuals.”
The Constitution has one chapter on human rights. Laws, including the revised Civil Code, have been adjusted to match provisions of the 2013 Constitution. Bui Thi An, a deputy for Hanoi, says: “The Civil Code clearly defines civil rights. Rights of Vietnamese citizens are protected anywhere and anytime by the State and courts. It upholds the 2013 Constitution.”
The Vietnamese State is a state governed by law, of the people, by the people, and for the people.
An advancement in line with international law
The Civil Code applies equally to Vietnamese and to foreigners living in Vietnam. It is consistent with international laws, conventions, and norms. Many countries specify that a court cannot refuse requests to resolve civil cases by citing the absence of a law to apply. Dinh Xuan Thao, a deputy for Hanoi, elaborates: “Self-enforcing agreement is a priority solution in civil cases. If the two sides cannot agree, they must go to court. Most National Assembly deputies agree with the revised Law’s regulation that a court cannot refuse a civil complaint by citing the absence of any applicable law.”
The Civil Code amends regulations on property and ownership. Property includes moveable and immoveable property, personal possessions, cash, documents, and intellectual property. The revised law clarifies regulations on contracts, inheritance, and compensation for loss. Le Dac Lam, a deputy for Binh Thuan, says: “The court will amend a contract to protect the legitimate rights of involved parties when the situation changes for unexpected outside reasons. The state can intervene by law and the court is an authorized agency to ensure the interests of parties.”
The revised Civil Code with its 200 amendments has been made public for recommendations and is expected to be adopted at the 10th session of the 13thNational Assembly.
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October 31, 2015
Revising Civil Code to better protect citizens’ rights
by Nhan Quyen • [Human Rights]
The Vietnamese State is a state governed by law, of the people, by the people, and for the people.
VOV | Oct 30, 2015
The revision of the Civil Code continues to be discussed at the 10thsession of the 13th National Assembly. This is an important law, which affects every citizen’s daily life.
The Civil Code, compiled by the Ministry of Justice, stipulates the legal status and standards of behavior of individuals and legal entities. The Civil Code protects the rights and interests of persons, organizations, state agencies, and the public interest, ensures equality and legal security in civil relationships, and creates conditions for meeting people’s cultural and material needs.
Improving the protection of civil rights
The revision of the Civil Code aims to institutionalize measures to acknowledge, respect, protect, and guarantee human rights and civil rights, lay a legal foundation for acknowledging, respecting, protecting, and guaranteeing civil rights, particularly the interests of disadvantaged people, and minimize the intervention of administrative agencies in establishing, changing, and terminating civil relations. Truong Thai Hien, a deputy of Kien Giang province, says: “The revised Civil Code includes new regulations. It specifies civil relations based on democracy, equality, agreement, and responsibility between parties, minimizes administrative intervention by state agencies in civil transactions, and protects the rights and interests of organizations and individuals.”
The Constitution has one chapter on human rights. Laws, including the revised Civil Code, have been adjusted to match provisions of the 2013 Constitution. Bui Thi An, a deputy for Hanoi, says: “The Civil Code clearly defines civil rights. Rights of Vietnamese citizens are protected anywhere and anytime by the State and courts. It upholds the 2013 Constitution.”
The Vietnamese State is a state governed by law, of the people, by the people, and for the people.
An advancement in line with international law
The Civil Code applies equally to Vietnamese and to foreigners living in Vietnam. It is consistent with international laws, conventions, and norms. Many countries specify that a court cannot refuse requests to resolve civil cases by citing the absence of a law to apply. Dinh Xuan Thao, a deputy for Hanoi, elaborates: “Self-enforcing agreement is a priority solution in civil cases. If the two sides cannot agree, they must go to court. Most National Assembly deputies agree with the revised Law’s regulation that a court cannot refuse a civil complaint by citing the absence of any applicable law.”
The Civil Code amends regulations on property and ownership. Property includes moveable and immoveable property, personal possessions, cash, documents, and intellectual property. The revised law clarifies regulations on contracts, inheritance, and compensation for loss. Le Dac Lam, a deputy for Binh Thuan, says: “The court will amend a contract to protect the legitimate rights of involved parties when the situation changes for unexpected outside reasons. The state can intervene by law and the court is an authorized agency to ensure the interests of parties.”