DECREE

Detailed Implementation of Provisions of the Civil Code on Civil Relations with Foreign Elements

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

DECREE:

This Decree provides detailed implementation of provisions of the Civil Code regarding the application of Vietnamese law, foreign law, international treaties, and international customs to civil relations with foreign elements.

This Decree applies to agencies, organizations, and individuals of Vietnam; agencies, organizations, and individuals from foreign countries participating in civil relations with foreign elements.

In this Decree, the following terms are understood as follows:

1. "Civil relations with foreign elements" means:

a) Civil, marriage and family, business, trade, and labor relations where at least one party involved is a foreign agency, organization, individual, or a Vietnamese citizen residing abroad;

b) Civil, marriage and family, business, trade, and labor relations where the parties involved are Vietnamese citizens or organizations, but the basis for establishing, changing, or terminating such relations according to foreign law, arising abroad, or involving property located abroad.

2. "Foreign individual" refers to a person without Vietnamese nationality, including those with foreign nationality and stateless persons.

3. "Vietnamese citizen residing abroad" refers to Vietnamese nationals and Vietnamese-origin individuals who reside, work, and live long-term abroad.

4. "Foreign agency, organization" refers to agencies and organizations that are not Vietnamese agencies or organizations established under foreign law, including international agencies and organizations established under international law.

5. "Foreign legal entity" refers to a legal entity established under foreign law.

6. "Entering into a civil contract in absentia" refers to the act of entering into a civil contract through electronic or other means where the parties to the contract are not present at the same location to sign the contract.

1. The application of Vietnamese Civil Law, international treaties, foreign law, and international customs shall be in accordance with Article 759 of the Civil Code.

2. In cases where there is a difference between the provisions of Part Seven of the Civil Code and the provisions of specialized laws concerning the same content, the provisions of the specialized laws shall apply.

3. In cases where the choice or reference to the application of the law of a country with multiple legal systems, the parties have the right to request the application of the legal system most closely related to them regarding their rights and obligations as citizens.

In cases where the law of a stateless person, a foreign individual with two or more foreign nationalities, or the law of a country with multiple legal systems is applied pursuant to Article 760 of the Civil Code or Article 4 Clause 3 of this Decree, the parties have the obligation to prove before the competent authority of Vietnam the closest relationship of their rights and obligations as citizens with the legal system requested to be applied. If the parties cannot prove the closest relationship of their rights and obligations as citizens with the legal system requested, then Vietnamese law shall be applied.

1. The application of law to determine the legal capacity of individuals who are foreign nationals is determined in accordance with Article 761 of the Civil Code.

In cases where an individual who is a foreign national resides in Vietnam, the legal capacity of that individual is determined in accordance with Articles 14 to 16 of the Civil Code.

2. In cases where a foreign national does not have nationality or has two or more nationalities, the application of law to determine the legal capacity of that individual shall comply with the provisions of Article 760 of the Civil Code, Article 5, and Clause 1 of Article 6 of this Decree.

1. The application of law to determine the capacity for civil acts of individuals who are foreign nationals is determined in accordance with Article 762 of the Civil Code.

In cases where an individual who is a foreign national establishes or performs civil transactions in Vietnam, the capacity for civil acts of that individual is determined in accordance with Articles 17 to 23 of the Civil Code.

2. In cases where a foreign national does not have nationality or has two or more nationalities, the application of law to determine the capacity for civil acts of that individual shall comply with the provisions of Article 760 of the Civil Code, Article 5, and Clause 1 of Article 7 of this Decree.

1. The application of laws to determine persons without civil capacity, loss of civil capacity, or restricted civil capacity shall be in accordance with the provisions of Article 763 of the Civil Code.

In cases where foreigners residing in Vietnam do not have civil capacity, lose civil capacity, or are restricted in civil capacity, such determination shall be in accordance with the provisions from Article 21 to Article 23 of the Civil Code.

2. In cases where foreigners do not have nationality or have two or more nationalities, the application of laws to determine whether they lack civil capacity, have lost civil capacity, or are restricted in civil capacity shall be in accordance with the provisions of Article 760 of the Civil Code, Article 5 and Clause 1 of Article 8 of this Decree.

1. The application of laws to determine a person as missing or dead shall be in accordance with the provisions of Article 764 of the Civil Code.

In cases where foreigners residing in Vietnam are determined to be missing or dead, such determination shall be in accordance with the provisions from Article 78 to Article 83 of the Civil Code.

2. In cases where a missing person or a person presumed dead does not have nationality or has two or more foreign nationalities, the application of laws to determine whether they are missing or dead shall be in accordance with the provisions of Article 760 of the Civil Code, Article 5 and Clause 1 of Article 9 of this Decree.

1. The application of laws to determine the civil legal capacity of foreign legal entities shall be in accordance with the provisions of Article 765 of the Civil Code.

2. In cases where foreign legal entities establish, perform civil transactions in Vietnam, their civil legal capacity shall be determined according to the provisions of Article 86 of the Civil Code.

1. The application of laws on the right to ownership of property shall be in accordance with the provisions of Article 766 of the Civil Code.

2. In cases of establishing, performing, changing, or terminating the right to ownership of property, the content of the ownership rights over the property shall be applied according to the laws of the Socialist Republic of Vietnam, in accordance with the provisions of Part Two of the Civil Code and other related legal documents.

1. The application of laws on succession under law shall be in accordance with the provisions of Article 767 of the Civil Code.

2. The determination of a property as part of the estate for succession as immovable or movable property shall be determined according to the laws of the country where the estate for succession is located.

3. In cases where the decedent does not have nationality or has two or more foreign nationalities, the determination of the applicable law on succession under law shall be in accordance with the provisions of Article 760 of the Civil Code, Article 5 and Clauses 1 and 2 of Article 12 of this Decree.

1. The capacity to make, amend, supplement, replace, or revoke a will shall be determined according to the law of the country where the testator has nationality. In cases where the testator does not have nationality or has two or more foreign nationalities, the determination of the applicable law on succession by will shall be in accordance with the provisions of Article 760 of the Civil Code and this Decree.

2. The form of a will must comply with the law of the country where the will is made. A will made by a Vietnamese citizen abroad shall be recognized as valid in Vietnam if it complies with the provisions of Vietnamese law regarding the form of a will.

1. The application of laws on the place and time of conclusion of civil contracts in absentia shall be in accordance with the provisions of Article 771 of the Civil Code.

2. The place and time of conclusion of civil contracts through electronic means, where the party proposing the conclusion of the contract is a Vietnamese agency, organization, or individual, shall be determined according to the Law on Electronic Transactions and other related legal documents of Vietnam.

1. The application of laws to the content of civil contracts shall be governed by the provisions of Article 769 of the Civil Code.

2. The application of laws to the form of civil contracts shall be governed by the provisions of Article 770 of the Civil Code.

3. In cases where the laws of the Socialist Republic of Vietnam are applied to the content and form of civil contracts, they shall be governed by the provisions of Section 7 Chapter XVII and Chapter XVIII Part III of the Civil Code and other relevant legal documents.

The content and form of unilateral civil transactions shall be determined according to the laws of the country where the party voluntarily performs the unilateral civil transaction resides or conducts its main business activities.

1. The application of laws to liability for damage outside of contract shall be governed by the provisions of Article 773 of the Civil Code.

2. In cases where the laws of the Socialist Republic of Vietnam are applied to liability for damage outside of contract, they shall be governed by the provisions of Chapter XXI Part III of the Civil Code and other relevant legal documents.

1. The copyright of individuals who are foreigners or foreign organizations shall be protected in Vietnam according to the provisions from Article 736 to Article 743 of the Civil Code, related provisions of the Intellectual Property Law, other relevant legal documents of Vietnam, and international treaties to which Vietnam is a member.

2. The related rights to copyright of individuals and organizations who are foreigners shall be protected in Vietnam according to the provisions from Article 744 to Article 749 of the Civil Code, related provisions of the Intellectual Property Law, other relevant legal documents of Vietnam, and international treaties to which Vietnam is a member.

The protection of industrial property rights and plant variety rights of foreigners and foreign legal entities in Vietnam shall be governed by the provisions from Article 750 to Article 753 of the Civil Code, related provisions of the Intellectual Property Law, other relevant legal documents of Vietnam, and international treaties to which Vietnam is a member.

In cases where the parties do not agree in the contract on the application of foreign laws or international treaties to which Vietnam is a member do not provide regulations on technology transfer, the technology transfer between Vietnamese individuals and legal entities with foreign individuals and legal entities, technology transfer from abroad to Vietnam and from Vietnam to abroad must comply with the provisions from Article 754 to Article 757 of the Civil Code, related provisions of the Technology Transfer Law, and other relevant legal documents of Vietnam.

The application of laws to the statute of limitations for initiating legal proceedings shall be governed by the provisions of Article 777 of the Civil Code.

1. This Decree shall take effect 15 days after its publication in the Official Gazette and shall replace Government Decree No. 60/CP dated June 6, 1997 guiding the implementation of the provisions of the Civil Code of 1995 regarding civil relations with foreign elements.

2. At the request of the Court or competent state agencies resolving matters or disputes arising from civil relations with foreign elements, the Ministry of Foreign Affairs and the Ministry of Justice shall have the responsibility to assist requesting agencies in determining applicable laws and providing foreign legal documents that are applied.

3. The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central city, are responsible for enforcing this Decree./.