Resolution No. 45/2005/NQ-QH11 of the National Assembly stipulates the implementation of the Civil Code, effective from January 1, 2006. The Resolution also guides the application of laws to civil transactions before and after the Civil Code becomes effective.
Các điểm cốt lõi
- The Civil Code becomes effective from January 1, 2006, replacing the Civil Code of 1995 and the Ordinance on Economic Contracts.
- Civil transactions established before the Civil Code becomes effective shall apply the provisions of the Civil Code of 1995 if there is a dispute, or apply relevant provisions of the Civil Code if the content and form are appropriate.
- The statute of limitations for exercising civil rights and the statute of limitations for exempting civil obligations shall be applied according to the provisions of the Civil Code.
- The Supreme People's Court, the Supreme People's Procuracy, and the Government have the responsibility to review and amend current legal documents to align with the Civil Code.
- Competent authorities need to organize extensive dissemination and popularization of the Civil Code among cadres, civil servants, and the people.
🌐 Tác động xã hội từ văn bản này
- Strengthen socialist rule of law through the application of provisions of the Civil Code.
- Help protect the interests of the State and the lawful rights and interests of individuals, agencies, and organizations.
❓ Câu hỏi thường gặp
When does the Civil Code become effective?
The Civil Code becomes effective from January 1, 2006.
How are civil transactions prior to the effectiveness of the Civil Code applied?
If a civil transaction is ongoing and its content and form comply with the provisions of the Civil Code, then the provisions of the Civil Code shall be applied. If not compliant or in case of disputes, the provisions of the Civil Code of 1995 shall be applied.
What provisions govern the statute of limitations for exercising civil rights and the statute of limitations for exempting civil obligations?
The statute of limitations for exercising civil rights and the statute of limitations for exempting civil obligations shall be applied according to the provisions of the Civil Code.
What responsibilities do competent authorities have in implementing this Resolution?
The Government, the Supreme People's Court, and the Supreme People's Procuracy have the responsibility to review current legal provisions on civil matters to align with the Civil Code. They must also cooperate with the Vietnam Fatherland Front Central Committee and its member organizations to disseminate and popularize the Civil Code extensively.
When does this Resolution become effective?
This Resolution was adopted by the National Assembly on June 14, 2005, and became effective immediately upon adoption.
Toàn văn
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OF THE NATIONAL ASSEMBLY Number: 45/2005/NQ-QH11 |
SOCIALIST REPUBLIC OF VIETNAM Hanoi, June 14, 2005 |
RESOLUTION
On the Implementation of the Civil Code
OF THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM
BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10 DATED DECEMBER 25, 2001 OF THE TENTH NATIONAL ASSEMBLY SESSION 10;
RESOLVES
1. The Civil Code was adopted by the National Assembly of the Socialist Republic of Vietnam at its 7th session of the 11th term on June 14, 2005, and shall take effect from January 1, 2006.
This Civil Code replaces the Civil Code adopted by the National Assembly on October 28, 1995.
The Economic Contract Law dated September 29, 1989 shall cease to be effective from the date the Civil Code takes effect.
2. For civil transactions established before the Civil Code takes effect, the application of laws shall be governed as follows:
a) Civil transactions that are being performed and have contents and forms consistent with the provisions of the Civil Code shall apply the provisions of the Civil Code;
b) Civil transactions that are being performed and have contents and forms inconsistent with the provisions of the Civil Code, or civil transactions completed before the Civil Code takes effect where disputes arise, shall apply the provisions of the Civil Code of 1995 and guiding legal documents for the Civil Code of 1995 to resolve them;
c) The limitation period for exercising civil rights and the limitation period for waiving civil obligations shall be applied according to the provisions of the Civil Code.
3. The limitation period for requesting the court to declare a civil transaction void for civil transactions established after the Civil Code is promulgated shall be applied according to the provisions of the Civil Code.
4. The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions and duties shall be responsible for:
a) Self-organizing or coordinating with relevant agencies to review current legal provisions on civil matters to revoke, amend, supplement, issue new documents, or propose the National Assembly or the Standing Committee of the National Assembly to revoke, amend, supplement, or issue new documents in accordance with the provisions of the Civil Code, ensuring the effectiveness of the Civil Code from January 1, 2006;
b) Coordinating with the Vietnam Fatherland Front Central Committee and its member organizations to widely publicize the Civil Code among cadres, civil servants, and the people to contribute to strengthening socialist rule of law and to enhance the role of the Civil Code in protecting the interests of the State, the rights and legitimate interests of individuals, agencies, and organizations.
5. The Standing Committee of the National Assembly, the Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions and duties shall provide guidance on the implementation of this Resolution.
This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam at its 7th session of the 11th term on June 14, 2005.
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SPEAKER OF THE NATIONAL ASSEMBLY Nguyen Van An |
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