Civil Code.

The current Civil Code of the Socialist Republic of Vietnam was promulgated by Law No. 91/2015/QH13 of 24 November 2015. It applies to private law relationships and provides the legal status and legal standards for the conduct of natural and juridical persons; the rights and obligations of natural and juridical person regarding personal and property rights and obligations in relations established on the basis of equality, freedom of will, independence of property and self-responsibility. In the Socialist Republic of Vietnam, all civil rights are recognized, respected, protected and guaranteed under the Constitution and law. Civil rights may be limited as prescribed in law in exceptional circumstances due to national defense and security, social safety and order, social ethics and the community’s health (art. 2).
The Civil Code consists of 689 articles, and is structured into six Parts. Part I lays down general provisions and makes provision on civil rights; Part II regulates ownership rights and other rights related to property; Part III concerns obligations and contracts; Part IV is devoted to inheritance; Part V concerns law applicable to civil relations involving foreign elements; Part VI set out implementing provisions.
PROPERTY AND REAL RIGHTS. Part II of the Civil Code lays down principles for the establishment and performance of ownership rights and other rights with respect to property. Ownership rights comprise the rights of an owner to possess, use and dispose of the property of the owner according to the law (art. 158). The Code defines differents forms of ownership: ownership by the entire people, that is public property (arts. 197-204); private ownership of individuals or legal entities (arts. 205 and 206); multiple ownership, which may be ownership in common, joint ownership, multiple ownership by communities (arts. 207-220). Land, water resources, mineral resources, maritime and airspace resources, other natural resources and property invested and managed by the State are public property under ownership by the entire people with the State as the owner's representative exercising uniform management (art. 197). Multiple ownership by a community is the ownership by a family line, village, tribal village, mountainous hamlet, ethnic hamlet, religious community or other community of property which is formed in accordance with customary practice (art. 211). Other rights with respect to property comprise: (a) right to adjacent immoveable property; (b) usufruct; (c) superficies or surface rights (art. 159). Articles 221-236 establish the circumstances under which ownership rights are created, including through labour or lawful production and business activities, transfer, inheritance, contracts, possession. As a general rule, no one may be unlawfully deprived of or limited in relation to his or her ownership rights or other rights with respect to property. However, under special circumstances and for national defence or security reasons, for national interest, in emergencies, or for natural disaster control, the State shall acquire compulsorily or requisition property of organizations and individuals with consideration at market prices (art. 163). Further limits of ownership rights are established under articles 171-178. Such limits refer to emergency situations, environmental protection, and obligations to respect and protect social order and security, among others. Furthermore, the Code lays down provisions on lawful possession and its protection (arts. 165 and arts. 179-185).
OBLIGATIONS AND CONTRACTS. Part III defines obligations and determines the bases giving rise to them, namely: contracts; unilateral legal acts; unauthorized performance of acts; unlawful possession or use of or receipt of benefits from property; causing damage through unlawful acts; other bases as provided by law. Further it lays down rules on the performance of obligations, pledges and mortgage of property, and guarantees of obligations; it also makes provision on civil liability in case of breach of an obligation, and defines the circumstances under which obligations terminate. Article 385 defines contracts as agreements between parties in relation to the establishment, modification or termination of civil rights and obligations. More detailed provisions are established in matter of performance of contracts (arts. 409-420), their amendment and termination (arts. 421-429). Special provisions regulate the conclusion, performance and termination of certain « common » contracts, including sale and purchase of property (art. 430), exchange of property (art. 455); loan (art. 463); lease (art. 472); « thue khoan » of property (art. 483); contracts on land use rights (art. 500); cooperation contracts (art. 504); contracts for services (art. 513). Articles 483 et seq. define and regulate contracts for thue khoan of property, which means an agreement between parties whereby a thue khoan lessor delivers the property to a thue khoan lessee for the exploitation of its utility and for the enjoyment of the benefits and income derived from the thue khoan property, and the thue khoan lessee has the obligation to pay rent. The subject matter of a contract for thue khoan may be land, forest, and water surfaces which have not been exploited, as well as livestock, production and business facilities, and other means of production together with the equipment required to exploit the utility of such property. A thue khoan lessee must exploit thue khoan property strictly in accordance with the agreed purpose and must inform the thue khoan lessor periodically of its condition and its exploitation. If the thue khoan lessee does not exploit the thue khoan property strictly in accordance with the agreed purpose, the thue khoan lessor has the right to terminate unilaterally the performance of the contract and demand compensation for loss and damage (art. 489).
INHERITANCE. An individual may make a will to dispose of his or her estate, may leave his or her property to an heir in accordance with law, or may inherit an estate under a will or in accordance with law. An heir not being an individual may inherit an estate under a will (art. 609). Article 610 stipulates equality of individuals with respect to rights of inheritance.
LAND. Articles 500-503 lay down special provisions applicable to contracts on land use rights. Contract on land use right means an agreement between parties whereby a land user converts, assigns, leases, sub-leases, gives or mortgages the land use right, contributes capital in the form of the land use right to the other party, or exercises other rights with respect to the other party as provided in the Law on Land, and the other party shall exercise rights and perform obligations in accordance with the contract entered into with the land user. Contents of a contract on land use right must not contravene the provisions on land use purposes, land use term, land use zoning and planning and other rights and obligations in the Law on land and other relevant laws (art. 501).
WATER. The Code makes provision on servitudes related to water in the Section governing rights with respect to adjoining immoveable property (arts. 245-256). It is worth mentioning article 250 (Obligation of owners relating to draining of rainwater), article 251 (Obligation of owners relating to draining of waste water), article 252 (Rights relating to supply and drainage of water through adjoining immoveable property) and article 253 (Rights relating to irrigation and water drainage in cultivation).
ENVIRONMENT. The Code includes some provisions aimed at environmental protection. Under the Part on ownership rights, article 172 stipulates that when exercising its ownership rights or other rights with respect to property, a subject must comply with the law on protection of the environment. If it causes environmental pollution, the subject must cease the acts which caused the pollution and take measures to remedy any consequences and compensate for any loss and damage. Further, article 602 provides for compensation for damage caused by environmental pollution: a subject polluting the environment, thereby causing loss and damage, must compensate in accordance with the law, including when such subject was not at fault.
LIVESTOCK AND ANIMAL PRODUCTION. The Code contains some provisions related to livestock and animal production. In matter of ownership rights, it is worth mentioning article 231 (Creation of ownership rights with respect to stray domestic livestock) and article 232 (Creation of ownership rights with respect to stray domestic poultry). In matter of special contracts, article 491 regulates the enjoyment of benefits and liability for damage with respect to thue khoan livestock: during the term of a thue khoan of livestock, the thue khoan lessee shall be entitled to enjoy half of the number of offspring born and shall be liable for half of any damage to the thue khoan livestock caused by an event of force majeure, unless otherwise agreed. Moreover, article 603 concerns compensation for damage caused by livestock: an owner or possessor of livestock must compensate for loss and damage caused to another person by such livestock.
FISHERIES. Article 233 refers to the creation of ownership rights with respect to aquaculture stock, where the aquaculture stock of a person moves naturally into the field, pond or lake of another person.
CONSUMER RIGHTS. In matter of protection of consumer rights, it should be noted article 608 providing for compensation for loss and damage caused by infringement of consumer interests. An individual or legal entity carrying out production or business of goods or services and failing to ensure the quality of goods or services, thereby causing loss and damage to consumers, must compensate for such damage.