Directive No. 29/2005/CT-TTg on implementing the Resolution of the National Assembly regarding the enforcement of the Civil Code

DIRECTIVE OF THE PRIME MINISTER

IMPLEMENTATION OF THE NATIONAL ASSEMBLY RESOLUTION ON THE ENFORCEMENT OF THE CIVIL CODE

On June 14, 2005, during the seventh session of the Eleventh National Assembly, the Civil Code was adopted along with the Resolution on the enforcement of the Civil Code. This is an important code affecting all aspects of people's lives and the activities of many sectors and levels. Organizing and guiding the effective implementation of the Civil Code will contribute to social stability, promote economic and social development, and protect the legitimate rights and interests of individuals and organizations, as well as the interests of the State and public interests.

To promptly implement the Civil Code which becomes effective from January 1, 2006, and Resolution No. 45/2005/QH11 dated June 14, 2005 of the National Assembly on the enforcement of the Civil Code, the Prime Minister issues the following directive:

I. ORGANIZATION OF REVIEWING CURRENT CIVIL LAWS AND REGULATIONS TO AMEND, SUPPLEMENT, OR ABOLISH INAPPROPRIATE LEGAL DOCUMENTS AND ISSUE NEW DOCUMENTS TO IMPLEMENT THE CIVIL CODE

1. Ministries, agencies under the Government, and other relevant agencies shall promptly organize the review of laws, ordinances, and documents issued by the Government and the Prime Minister that relate to the provisions of the 2005 Civil Code within their respective areas of management, and submit them to the Ministry of Justice and the Office of the Government for consolidation and reporting to the Government for consideration and amendment, supplementation, abolition, issuance of new documents, or recommendation to the National Assembly and the Standing Committee of the National Assembly for amendment, supplementation, abolition, or issuance of new documents according to their authority, ensuring smooth implementation of the Civil Code.

2. Ministries and agencies at the level of ministries shall organize the review of documents related to civil law issued by themselves or jointly with other agencies, and report the results of the review and handling to the Ministry of Justice and the Office of the Government for consolidation and reporting to the Prime Minister.

3. People's Committees of provinces and centrally-administered cities shall organize the review of regulations related to civil law issued by People's Councils and People's Committees at various levels within their localities, and report the results of the review and handling to the Ministry of Justice and the Office of the Government for consolidation and reporting to the Prime Minister.

4. The review of current civil law regulations at the central and local levels must be completed before December 31, 2005.

II. REGARDING THE DEVELOPMENT OF DOCUMENTS PROVIDING DETAILED PROVISIONS AND GUIDANCE FOR THE IMPLEMENTATION OF THE CIVIL CODE

1. The Office of the Government shall coordinate with the Ministry of Justice to prepare specific plans and urge the implementation of the development of documents by the Government and ministries to provide detailed provisions and guidance for the implementation of the Civil Code. In the short term, priority should be given to developing and issuing the following decrees: Decree on the right to determine gender (Ministry of Health as the main responsible agency), Decree on measures to ensure the performance of civil obligations (Ministry of Justice as the main responsible agency), Decree on associations, savings groups, and credit unions (Ministry of Justice as the main responsible agency), Decree on civil relations involving foreign elements (Ministry of Justice as the main responsible agency). At the same time, urge the preparation of projects in the legislative program of the National Assembly for 2005 and subsequent years to concretize the Civil Code, including the Law on Real Estate Registration (Ministry of Justice as the main responsible agency); Law on Housing (Ministry of Construction as the main responsible agency); Intellectual Property Law (Ministry of Science and Technology as the main responsible agency); Technology Transfer Law (Ministry of Science and Technology as the main responsible agency); Ordinance on Donation, Extraction, and Transplantation of Human Organs and Tissues (Ministry of Health as the main responsible agency); Ordinance on Security Interests Registration (Ministry of Justice as the main responsible agency); Ordinance on Notarization (Ministry of Justice as the main responsible agency), ensuring quality and timely progress. The Ministry of Agriculture and Rural Development shall take the lead, coordinate with the Ministry of Justice, the Ministry of Planning and Investment, and the Vietnam Union of Cooperatives to conduct surveys on the organization and operation of cooperative groups, report, and propose to the Prime Minister the issuance of appropriate regulatory documents to regulate the organization and operation of cooperative groups.

2. It is requested that the Supreme People's Court and the Supreme People's Procuracy, within their functions, tasks, and powers, promptly issue guiding documents on the application of the provisions of the Civil Code to ensure uniform and consistent enforcement of the Civil Code.

III. SPREADING, PROMOTING, AND EDUCATING ABOUT THE CIVIL CODE

1. The Ministry of Justice shall coordinate with the Central Committee of the Vietnam Fatherland Front and its member organizations, People's Councils, People's Committees of provinces and centrally-administered cities, the Ministry of Culture, Sports and Tourism, and relevant central agencies to direct and organize a wide-ranging campaign to popularize the Civil Code among cadres and the public through practical and effective forms.

2. The Ministry of Justice shall coordinate with the Supreme People's Court, the Supreme People's Procuracy, and relevant agencies to compile materials and organize specialized training on the Civil Code for judges, prosecutors, lawyers, enforcement officers, lay assessors, civil registrars, notaries, and other judicial officials to ensure uniform application of the Civil Code.

3. The Ministry of Culture, Sports and Tourism shall coordinate with the Central Propaganda and Education Commission and the Ministry of Justice to direct mass media outlets to prioritize the dissemination and promotion of the Civil Code until the end of 2006.

4. The People's Newspaper, Vietnam Television, Voice of Vietnam, and other central and local news agencies shall regularly organize programs and special sections to introduce and explain the contents and new features of the Civil Code.

5. The Ministry of Education and Training shall take the lead, coordinate with the Ministry of Justice to direct the review of teaching curricula and materials of universities and colleges, as well as civic education materials in vocational schools, high schools, and junior high schools related to the Civil Code, to develop plans for timely supplementation and modification to align with the Civil Code; organize training for teachers of law and civic education on the Civil Code.

6. The Ministry of Justice shall coordinate with the Ministry of Science and Technology and other relevant agencies to implement research on certain necessary scientific topics to clarify the scientific and practical basis for the implementation of the Civil Code.

IV. IMPLEMENTATION

1. The Ministry of Finance shall coordinate with the Ministry of Justice to develop a plan to guide, balance the budget, and ensure the necessary funding for the implementation of the Civil Code.

2. The Minister of Justice shall coordinate with the Minister, Head of the Government Office to supervise and inspect the implementation of this Directive and regularly compile reports to the Prime Minister on the results of its implementation.

3. This Directive shall take effect fifteen days after its publication in the Official Gazette.

4. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Councils, and Chairpersons of People's Committees of centrally governed cities and provinces are responsible for implementing this Directive./.