PART SEVEN
CIVIL RELATIONS INVOLVING FOREIGN ELEMENTS
Article 758.- Civil relations involving foreign elements
Civil relations involving foreign elements mean civil relations in which at least one party is a foreign agency, organization or individual or overseas Vietnamese or civil relations between the parties being Vietnamese citizens, organizations but the bases for establishing, altering or terminating those relations are foreign laws, arise overseas or assets related to such relations are located overseas.
Article 759.- Application of civil law of the Socialist Republic of Vietnam, treaties, foreign laws and international practices
1. The provisions of the civil law of the Socialist Republic of Vietnam shall apply to civil relations involving foreign elements, unless otherwise provided for by this Code.
2. In cases where a treaty to which the Socialist Republic of Vietnam has signed or acceded contains provisions different from the provisions of this Code, the provisions of such treaty shall apply.
3. In cases where the application of foreign laws is referred to by this Code and other legal documents of the Socialist Republic of Vietnam or by the treaties to which the Socialist Republic of Vietnam is a contracting party, such foreign laws shall apply, provided that such application or the consequence thereof is not contrary to the basic principles of the law of the Socialist Republic of Vietnam; in cases where such foreign laws refer back to the law of the Socialist Republic of Vietnam, then the law of the Socialist Republic of Vietnam shall apply.
Foreign laws shall also apply in cases where the parties have so agreed upon in contracts, if such agreement is not contrary to the provisions of this Code and other legal documents of the Socialist Republic of Vietnam.
4. In cases where the civil relations involving foreign elements are not governed by this Code and other legal documents of the Socialist Republic of Vietnam, the treaties to which the Socialist Republic of Vietnam is a contracting party or civil contracts between the parties, the international practices shall apply, provided that such application or the consequence thereof is not contrary to the basic principles of the law of the Socialist Republic of Vietnam.
Article 760.- Bases for the application of laws to stateless persons or foreigners with two or more foreign nationalities
1. In cases where this Code or other legal documents of the Socialist Republic of Vietnam refer to the application of the laws of foreign countries of which the foreigners are citizens, the laws applicable to stateless persons shall be the laws of the countries where such persons permanently reside; if such persons have no permanent residences, the law of the Socialist Republic of Vietnam shall apply.
2. In cases where this Code or other legal documents of the Socialist Republic of Vietnam refer to the application of laws of countries of which the foreigners are citizens, the laws applicable to foreigners with two or more nationalities shall be the laws of the countries of which such persons bear the nationalities and where they reside at the time when the civil relations arise; if such persons do not reside in one of the countries of which they bear the nationalities, the laws of the countries of which such persons bear their respective nationalities and have the closest relations regarding the civil rights and duties shall apply.
Article 761.- Civil legal capacity of foreigners
1. The civil legal capacity of a foreigner shall be determined according to the law of the country of which he/she bears the nationality.
2. Foreigners shall have the civil legal capacity in Vietnam as Vietnamese citizens, except in cases where the law of the Socialist Republic of Vietnam otherwise provides for.
Article 762.- Civil act capacity of foreigners
1. The civil act capacity of a foreigner shall be determined according to the law of the country where he/she is a citizen, except in cases where the law of the Socialist Republic of Vietnam otherwise provides for.
2. In cases where a foreigner establishes and/or performs civil transactions in Vietnam, his/her civil act capacity shall be determined according to the law of the Socialist Republic of Vietnam.
Article 763.- Determination of persons as having no, having lost or having been restricted in, civil act capacity
1. The determination of persons as having no, having lost or having been restricted in, civil act capacity must comply with the laws of the countries of which such persons bear the nationalities.
2. In cases where foreigners reside in Vietnam, the determination of such persons as having no, having lost or having been restricted in, civil act capacity must comply with the law of the Socialist Republic of Vietnam.
Article 764.- Determination of persons as missing or dead
1. The determination of a person as missing or dead must comply with the law of the country of which such person bears the nationality at the time before acquiring the last information on his/her missing or death.
2. In cases where a foreigner resides in Vietnam, the determination of such person as missing or dead must comply with the law of the Socialist Republic of Vietnam.
Article 765.- Civil legal capacity of foreign legal persons
1. The civil legal capacity of a foreign legal person shall be determined according to the law of the country where such foreign legal person has been established, except for the case specified in Clause 2 of this Article.
2. In cases where a foreign legal person establishes and/or performs civil transactions in Vietnam, the civil legal capacity of such foreign legal person shall be determined in accordance with the law of the Socialist Republic of Vietnam.
Article 766.- Property ownership rights
1. The establishment, implementation, alteration and termination of property ownership rights and the contents of such rights shall be determined according to the law of the country where such property is located, except for the cases specified in Clauses 2 and 4 of this Article.
2. The ownership rights to movable property on the way of transportation shall be determined according to the law of the country of destination, unless otherwise agreed upon.
3. The differentiation between movable and immovable property shall be deter-mined in accordance with the law of the country where such property is located.
4. The determination of the ownership rights to civil aircraft and sea-going vessels in Vietnam must comply with the law on civil aviation and the maritime law of the Socialist Republic of Vietnam.
Article 767.- At-law inheritance involving foreign elements
1. The inheritance at law must comply with the laws of the countries of which the estate leavers bear the nationalities before their death.
2. The inheritance rights to immovables must comply with the laws of the countries where such immovables are located.
3. Heirless estates being immovables shall belong to the States of the countries where such immovables are located.
4. Heirless estates being movables shall belong to the States of the countries of which the estate leavers bear the nationalities.
Article 768.- Testamentary inheritance
1. The capacity to make, change and cancel testaments must comply with the laws of the countries where the testators are citizens.
2. Forms of testament must comply with the laws of the countries where the testaments are made.
Article 769.- Civil contracts
1. The rights and obligations of the parties to a civil contract shall be determined in accordance with the law of the country where the contract is performed, unless otherwise agreed upon.
A civil contract entered into and performed entirely in Vietnam must comply with the law of the Socialist Republic of Vietnam.
In cases where a civil contract does not specify the place of performance, the determination of the place of performance of the contract must comply with the law of the Socialist Republic of Vietnam.
2. Civil contracts relating to immovables in Vietnam must comply with the law of the Socialist Republic of Vietnam.
Article 770.- Forms of civil contract
1. Forms of a contract must comply with the law of the country where the contract is entered into. Where a contract is entered into in a foreign country, which violates the regulations on contractual forms under the law of that country but is not contrary to the contractual form provided for by the law of the Socialist Republic of Vietnam, the form of the contract entered into in the foreign country shall still be recognized in Vietnam.
2. The forms of contracts related to the construction of works or transfer of ownership rights to works, houses and other immovables in the Vietnamese territory must comply with the law of the Socialist Republic of Vietnam.
Article 771.- Civil contracts entered in absentia
In cases where a contract is entered in absentia, the determination of the place where the contract is entered into must comply with the law of the country where the individual resides or where the legal person is headquartered, that has proposed the entry into the contract.
The time for entry into a contract in absentia shall be determined in accordance with the law of the party proposing the entry into the contract if this party receives the reply of acceptance from the party to which the entry is proposed.
Article 772.- Unilateral civil transactions
In unilateral civil transactions, the rights and obligations of the party that voluntarily performs the unilateral civil transactions shall be determined in accordance with the law of the country where such party resides or conducts principal operations.
Article 773.- Compensation for damage outside contract
1. Compensation for damage outside contract shall be determined in accordance with the law of the country where the act causing such damage takes place or where the actual consequences of such act arise.
2. Compensation for damage caused by an aircraft flying in international airspace or by a sea-going ship sailing in international waters shall be determined in accordance with the law of the country of which such aircraft or ship bears the nationality, unless otherwise provided for by the maritime or aviation law of the Socialist Republic of Vietnam.
3. In cases where the act causing damage occurs outside the territory of the Socialist Republic of Vietnam and the person who causes the damage and the victim are both Vietnamese citizens or legal persons, the law of the Socialist Republic of Vietnam shall apply.
Article 774.- Copyright involving foreign elements
The copyright of foreign individuals and/or legal persons over the work that is publicized and disseminated for the first time in Vietnam, or created and performed in a certain form in Vietnam, shall be protected under the provisions of the law of the Socialist Republic of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 775.- Industrial property rights and the rights to plant varieties, which involve foreign elements
Industrial property rights or the rights to plant varieties of foreign individuals or legal persons to the objects of industrial property rights or objects of the rights to plant varieties that have been granted protection titles or recognized by the Vietnamese State shall be protected under the provisions of the law of the Socialist Republic of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 776.- Technology transfer involving foreign elements
Technology transfer between Vietnamese individuals or legal persons and foreign individuals or legal persons, and technology transfer from any foreign country into Vietnam and from Vietnam to any foreign country, must comply with the provisions of this Code and other legal documents of Vietnam on techno-logy transfer and with treaties to which Vietnam is a contracting party or the laws of the foreign countries, if the application or the consequence thereof is not contrary to the basic principles of the law of the Socialist Republic of Vietnam.
Article 777.- Statute of limitations for lawsuits
The statute of limitations for lawsuits regarding civil relations involving foreign elements shall be determined in accordance with the laws of the countries which are applied to the corresponding civil relations involving foreign elements.
This Code was passed on June 14, 2005, by the 10Ith National Assembly of the Socialist Republic of Vietnam, at its 7th session.
Tìm kiếm
Bộ luật Dân sự 2005 (Bản Word)
