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Personal

Personal

Article 14. The civil legal capacity of an individual

1. The civil legal capacity of an individual is the ability of individuals to have civil rights and civil obligations.

2. Every individual shall have civil legal capacity equally.

3. The civil legal capacity of individuals since he was born and end when the person dies.

Article 15. Contents of the civil legal capacity of an individual

Individuals have rights, civil obligations following:

1. Personal rights are not tied to property and personal rights associated with the property;

2. The ownership, inheritance and other rights to the property;

3. The right to participate in civil relations and obligations arising from such relationship.

Article 16. Not limited civil legal capacity of an individual

The civil legal capacity of an individual is not restricted, except in cases specified by law.

Article 17. The civil act capacity of an individual

Civil act capacity of an individual is the ability of individuals using their acts establishing, implementing rights, civil obligations.

Article 18. An adult, a juvenile

Persons aged eighteen and older are adults. Person under eighteen years of age is a minor.

Article 19. The civil act capacity of an adult

Adolescents have the capacity for civil acts in full, unless otherwise specified in Article 22 and Article 23 of this Code.

Article 20. The capacity for civil acts of minors from the full six years and under eighteens

1. A full six years and under eighteens when establishing, implementing civil transactions to be legal representative agrees, except for transactions to serve the needs of everyday life Suitable for ages age or other provisions of law.

2. In the event of full fifteen years and under eighteen years of age have personal property to ensure the implementation obligations, may itself establish and implement a civil transaction without the consent of legal representative, unless otherwise provided by law.

Article 21. A person without capacity for civil acts

Persons under the age of six do not have the capacity for civil acts. Civil transactions of less than six years of age must be submitted by legal representative established and implemented.

Article 22. Loss of civil act capacity

1. As a result of mental disease or other diseases which can not be aware of or control their acts, at the request of the authorities, related benefits, the court decision declaring the loss of capacity for civil acts on the basis of the conclusions of the assessment organization.

When there is no basis for declaring a person without capacity for civil acts, at the request of the person or persons with rights and interests involved, the Court decided to annul the decision declared incapacitated civil.

2. Civil transactions of people incapacitated due to civil legal representative are established and implemented.

Article 23. Limited capacity for civil acts

1. Drug addicts, addicted to other stimulants causing them to damage the property of the family, at the request of the authorities, related benefits, agencies, organizations, courts may issue decisions to declare that people with limited capacity for civil acts.

2. The legal representative of a person with limited capacity for civil acts and scope of representation by the court decision. Civil transactions involving the assets of people with limited capacity for civil acts must have the consent of the legal representative, except for transactions to serve the needs of daily living.

3. When there is no basis for declaring a person with limited capacity for civil acts, at the request of the person or persons with rights and related benefits, agencies and organizations concerned, issue a decision to cancel the decision to declare limited capacity for civil acts.

SECTION 2
PERSONAL RIGHTS

Article 24. Moral rights

Personal rights stipulated in this Code are civil rights attached to each individual, can not be transferred to another person, unless otherwise provided by law.

Article 25. Protection of personal rights

When the individual's personal rights have been violated, that person has the right to:

1. Do your own corrections;

2. Request the infringer or request agencies and organizations authorized to order the infringer to stop violations, apology, public correction;

3. Request the infringer or request agencies and organizations authorized to order the infringer to pay damages.

Article 26. Rights to names

1. Individuals have the right to have their full names. The full name of a person is defined by their families, the birth name of that person.

2. Individuals establish and perform the rights and obligations under their civil, his name has been state agencies have recognized competence.

3. The use of aliases, pseudonyms are not damaging to the rights and legitimate interests of others.

Article 27. The right to change names

1. Individuals have the right to ask the state agency competent to recognize the changed names in the following cases:

a) At the request of people with names that use the names that confuse, influence of family love, honor, rights and lawful interests of such persons;

b) At the request of the adoptive father, adoptive mother about changing names for adoption, or when the adopted child ceases to be adopted and this person or the father or mother regain their request, the name that the father , native has set;

c) At the request of the father, mother or the child when determining the parent for the child;

d) Changing the name of a child from their father to their mother's or vice versa;

e) Change the names of the person who was lost found his blood-derived;

e) Changing the names of people who are redefining gender;

g) Other cases by civil law provisions.

2. The change of names for the full nine years or older must have the consent of that person.

3. The change of names of individuals does not change, termination rights and civil obligations established under their old name.

Article 28. The right to determine the nation

1. Individuals born when the nation is determined by ethnicity of the father or mother. In the case of the father and mother belong to two different peoples, the peoples of the child is determined to be the father of the nation of native peoples or by custom or by the agreement of the father or mother.

2. Persons who are adults, the father and mother or guardian of a minor has the right to ask the state agency has the authority to determine nationality in the following cases:

a) Determine the ethnicity of the father or mother, if the father and mother belong to two different ethnic groups;

b) Determine the ethnicity of the father or mother in the case of the adoption of other ethnic groups that are defined by ethnicity of the adoptive father, adoptive mother by unknown father or mother is.

3. In the case of the father, mother or guardian of a minor requires redefining the nation for minors aged between full fifteen years and over according to the provisions in paragraph 2 of this Article, shall be the consent of minors there.

Article 29. The right to birth registration

Individuals are born with a birth right.

Article 30. Right to Death

1. When a person dies, the next of kin, the landlord or agency or organization to which the deceased to death for that person.

2. Infants, if die after birth, they must have birth and death; if they die before birth or born but died immediately, not birth and death.

Article 31. The rights of individuals against images

1. Individuals have the right to his own image.

2. The use of personal images that must be agreed; in cases where the person has died, lost the capacity for civil acts, under fifteen years of age must be parents, spouses, adult children or his representatives agree, except for State interests, public interests or the law provides otherwise.

3. It is strictly prohibited to use other people's images that violate the honor, dignity and prestige of the picture.

Article 32. The right to ensure the safety of life, health, physical

1. Individuals have the right to ensure the safety of life, health and body.

2. When it detects that the accident, illness whose lives are threatened, the discoverer shall have brought to health facilities; medical establishment can not refuse to provide treatment that must utilize all means and possibilities available to cure.

3. The implementation of a new therapeutic approach in a human body, anesthesia, surgery, resection, transplantation of body parts must be the consent of that person; if he is a minor, incapacitated or civil actions are unconscious patient must be parents, spouses, adult children or guardians of that population? standard; in case of a threat to the life of the patient without waiting for the opinion of the people over there must be a decision of the head of the health facility.

4. The autopsy was carried out in the following cases:

a) the consent of the deceased before he died;

b) the consent of the parents, spouses, adult children or guardians when there is no opinion of the deceased before he died;

c) According to the decision of medical organizations, state agencies have jurisdiction in case of necessity.

Article 33. Right to donate organs

Individuals have the right to donate his organs for the purpose of healing to others or scientific research.

The donation and use of body parts is done in accordance with law.

Article 34. Right to donate their bodies, body parts after death

Individuals have the right to donate their bodies, their organs after death for the purpose of healing for others or for scientific research.

The donation and use of corpses, body parts of the dead were carried out in accordance with the law.

Article 35. Right to human body parts

Individuals have the right to receive the body parts of others to heal yourself.

Strictly prohibit the receipt and use of body parts of others for commercial purposes.

Article 36. Right to redefine gender

Individuals have the right to redefine gender.

The determination of the sex of a person is made in the event that the gender of the birth defects or not properly shaped, which required medical intervention in order to determine the gender.

The determination of the sex is done in accordance with law.

Article 37 Right to protection of honor, dignity, reputation

Honor, dignity and reputation of individuals are respected and protected by law.

Article 38. Right to privacy

1. The right to privacy of individuals is respected and protected by law.

2. The collection, disclosure of information and data on the private life of the individual must be the person consents; in cases where the person has died, lost the capacity for civil acts, under fifteen years of age must be parents, spouses, adult children or his representatives agree, except where revenue gathering, disclosure of information and documents in accordance with the decision of the agency or organization competent.

3. Letters, telephones, telegraphs, these forms of electronic information of individuals is to ensure safety and confidentiality.

The control of correspondence, telephone, telegraph and other forms of electronic information of individuals is done in cases prescribed by law and must be decided by state agencies authorized.

Article 39. Right to marry

Men and women are eligible to marry under the law on marriage and the family has the freedom to marry.

The freedom of marriage between people of different nationalities, different religions, between the followers of religions and non-religious, between Vietnam citizens and foreigners are respected and protected by law.

Article 40. The right to equality of spouses

Husband and wife are equal, with rights and equal obligations in all aspects of family and civic relations, together build a prosperous, equal, progressive, happy and sustainable.

Article 41. The right to enjoy mutual care among family members

The members of the family are entitled to the care and help one another fit fine moral traditions of family Vietnam.

Children and grandchildren who are minors are entitled to the care and nurturing of their parents, grandparents; children and grandchildren have the duty to respect, care for and take care of their parents and grandparents.

Article 42. Right to Divorce

Husband, wife or both of them may request the court to settle the divorce.

Article 43. The right to receive, not the father, mother, child

1. Those who are not recognized as father, mother or other people's children have the right to ask the state agency authorized identified himself as the father, mother or child of that person.

2. Persons who are recognized as father, mother or other people's children have the right to request the competent state authority to determine whether you are not the father, mother or child of that person.

Article 44. Right to adoption and adoption rights

The right to adoption and adoption rights of individuals are legally recognized and protected.

Adoptions and adoptions are carried out in accordance with the law.

Article 45. The right to citizenship

Individuals have the right to a nationality.

The recognition, change, citizenship, renunciation Vietnam shall comply with the provisions of the law on nationality.

Article 46. Right to inviolability of residence

Individuals have the right to inviolability of domicile.

The domicile of a person to be the person consents.

Only in cases where it is required by law and must be decided by state agencies competent to conduct a search for new domicile of a person; the search must comply with the order and procedures prescribed by law.

Article 47. Right to freedom of belief and religion

1. Individuals have the right to freedom of belief and religion, to follow or not follow a religion.

2. No one can violate freedom of belief, religion or misuse beliefs and religions to infringe upon the interests of the State and public interests, rights and legitimate interests of others.

Article 48. Right to freedom of movement, freedom of residence

1. Individuals have the right to freedom of movement, freedom of residence.

2. The right to freedom of movement, freedom of residence of individuals can only be restricted by decision of the state bodies authorized and in accordance with the order and procedures prescribed by law.

Article 49. The right to work

Individuals have the right to work.

Everyone has the right to work, free choice of employment and occupation, without discrimination on ethnic, gender, social background, religion, religion.

Article 50. Freedom of business

Business freedoms of individuals are respected and protected by law.

Individuals have the right to choose the form, fields, business, entrepreneur, freedom of contract, labor hire and other rights in accordance with the provisions of law.

Article 51. Freedom of research, creativity

1. Individuals have the right to freedom of scientific research - techniques, inventions, patents and technical innovations, rationalize production, writing, literary criticism, art and participate in research and other creative.

2. The freedom to study, creativity is respected and protected by law. No person shall obstruct, restrict freedom of research and creativity of individuals.

TABLE 3
RESIDENCE

Article 52 Place of residence

1. The place of residence of the individual is often where they live.

2. In case of failure to identify the place of residence of the individual under the provisions of paragraph 1 of this Article, the residence is where that person lives.

Article 53. The place of residence of minors

1. The place of residence of the minor is the residence of the parents; if the parents have different places of residence, the residence of a minor is the residence of the parent that minors regularly lives.

2. Minors may have residence other than the residence of the parents if parents agreed or stipulated by law.

Article 54. The place of residence of the ward

1. Place of residence of the ward is the residence of the guardian.

2. The ward can have different habitats with the residence of the guardians are guardians agreed or stipulated by law.

Article 55. The place of residence of the spouses

1. The place of residence of the spouses is where spouses permanently lives.

2. Husband and wife can have different residence if no agreement.

Article 56 Place of residence of soldier

1. Place of residence of soldiers doing military service where the military unit is stationed.

2. The place of residence of the army officers, professional soldiers, workers and defense officials of the unit where he was stationed, unless they have a place of residence in accordance with Clause 1 of Article 52 of this Code.

Article 57. The place of residence of mobile workers

Residence of the workers working on ships, boats, Other current practice is where registered ships, boats and means that, unless they have a place of residence in accordance with Clause 1 of Article 52 of the this Code.

SECTION 4
GUARDIAN

Article 58 Guardianship

1. Guardianship is the individual or organization (hereinafter referred to as guardians) are required by law or be appointed to take care and protect the rights and legitimate interests of minors, who has lost the capacity for civil acts (hereinafter referred to as the ward).

2. The ward includes:

a) Minors who do not have a father, mother, do not identify the father or mother or father or mother have lost the capacity for civil acts, restricted civil act capacity, by the court restricted the right of the father or mother or father or mother can not afford care, education and minors if their parents so request;

b) The loss of capacity for civil acts.

3. A person under fifteen years of age are specified in paragraph 2 of this Article and who are prescribed in Clause 2 of this Article must have a guardian.

4. A person may be a guardian for many people, but a person can only be a guardian, unless the guardian is the father, mother or grandparents under the provisions of Clause 2, Article 61 or Clause 3, Article 62 of this Code.

Article 59. Monitoring of guardianship

1. The relatives of the ward shall appoint a representative as the supervisor of guardians to monitor, supervise, inspect guardians in the performance of guardianship, consider and settle in time the suggestions and recommendations of the guardian concerning the guardianship.

Relatives of the ward's spouse, parent or child of the ward; if none of these people are relatives of the ward's grandparents, brother, sister, or sibling of the ward; if none of these people, the relatives of the ward is a physician, uncle, uncle, aunt of the ward.

2. In the absence of relatives of the ward or relatives who are not elected to be the supervisor of guardians under the provisions of paragraph 1 of this Article, the People's Committees of communes, wards and townships where residents resident appoint a guardian to supervise the guardianship.

3. The supervision of the guardian must have the capacity for civil acts in full.

Article 60 Conditions of the individual to be a guardian

Individuals satisfying the following conditions can act as guardians:

1. There is a civil act capacity incomplete;

2. Have good moral character; not the person who is being prosecuted in criminal or convicted but not remission of one of the crimes of deliberately infringing upon the life, health, honor, dignity and property of others;

3. There are conditions necessary to ensure the implementation of guardianship.

Article 61.- The natural guardian of a minor

Naturally guardians of minors, but not both parents, not to identify the parents or both parents have lost the capacity for civil acts, restricted civil act capacity, equipment court restricted the right of parents or parents can not afford care, education and minors if their parents so request, are defined as follows:

1. In the case of brother, sister no other agreement, the elder brother or sister as guardian of minor children; if big brother or sister does not qualify as a guardian, brother, sister, followed by the guardian;

2. In the absence of brother, sister or brother, sister can not qualify as a guardian, grandfather, grandmother, grandfather, grandmother as guardian; if none of these persons are eligible to make a guardian, uncle, uncle, uncle, aunt as guardian.

Article 62.- The natural guardian of an incapacitated person civil actions

1. In cases where the wife has lost civil act capacity, the husband is the guardian; if the husband lost the capacity for civil acts, the wife's guardian.

2. In cases where parents are losing the capacity for civil acts or a person without capacity for civil acts, the other not qualified to be a guardian, the eldest child is a guardian; if the eldest child does not qualify as a guardian, the next person is the guardian.

3. In the case of incapacitated adults civil actions has no spouse, children or the spouse or children are not eligible to be a guardian, the parents are guardians.

Article 63. Appointment of a guardian

In the case of minors, incapacitated person civil actions has no natural guardian under the provisions of Article 61 and Article 62 of this Code, the People's Committees of communes, wards and towns of residence of the ward shall appoint a guardian or propose an organization to assume the guardianship.

Article 64. Procedure for appointment of a guardian

1. The appointment of a guardian must be made in writing, clearly stating the reasons for appointing a guardian, the rights and obligations of the guardian particular, the state property of the ward.

2. The appointment of a guardian to the consent of the person to be appointed as guardian.

Article 65.- Obligations of guardians for the ward under fifteen years of age

The guardian of a person under fifteen years of age shall have the following obligations:

1. Care educate the ward;

2. To represent the ward in civil transactions, except where required by law under fifteen years of age who can establish and perform civil transactions;

3. To manage the assets of the ward;

4. Protect the rights and legitimate interests of the ward.

Article 66.- Obligations of guardians for the ward from full fifteen years and under eighteens

The guardian of a person who is full fifteen years and under eighteen years of age shall have the following obligations:

1. To represent the ward in civil transactions, except where the law stipulates that persons aged between full fifteen years and under eighteen years of age would be able to establish and perform civil transactions;

2. Asset management of the ward;

3. Protection of rights and legitimate interests of the ward.

Article 67.- Obligations of guardians for the ward lost the capacity for civil acts

The guardian of a person without capacity for civil acts have the following obligations:

1. Take care to ensure the treatment for the ward;

2. To represent the ward in civil transactions;

3. To manage the assets of the ward;

4. Protect the rights and legitimate interests of the ward.

Article 68. Rights of guardians

Guardians have the following rights:

1. Using the property of the ward to take care and pay for the needs of the ward;

2. To pay the costs necessary for the asset management of the ward;

3. To represent the ward in the establishment and implementation of transactions aimed at protecting civil rights and legitimate interests of the ward.

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