Resolution No. 45/2005/QH11 on the Implementation of the Civil Code

RESOLUTION

On the Implementation of the Civil Code

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 regulated 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 and disputes arise thereafter, 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 exempting 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.

The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective functions and duties shall be responsible for:

a) Reviewing the current legal provisions on civil matters themselves or in coordination with relevant agencies to abolish, amend, supplement, issue new documents, or propose the National Assembly and the Standing Committee of the National Assembly to abolish, 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) Cooperating with the Central Committee of the Vietnam Fatherland Front 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.