Which civil transactions are allowed to carried out by the persons with limited legal capacity in Vietnam?

Which civil transactions are allowed to carried out by the persons with limited legal capacity in Vietnam?

Pursuant to Clause 2 Article 24 of the Civil Code in 2015:

Persons with limited legal capacity

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2. All civil transactions related to the property of a person with limited legal capacity declared by a court must obtain the consent of his/her legal representative, except for transactions to meet the needs of daily life.

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Pursuant to Article 125 of the Civil Code in 2015:

Article 125. Invalidity of civil transactions established and performed by minors or legally incapacitated persons or persons with limited cognition and behavior control or persons with limited legal capacity

1. When a civil transaction is established or performed by a minor, a legally incapacitated person, a person with limited cognition and behavior control, or a person with limited legal capacity, a court shall, at the request of the representative of that person, declare such transaction invalid, if it is provided for by law that such transaction must be established and performed by or with the consent of the representative of that person, except for the cases prescribed in Clause 2 of this Article.

2. A civil transaction of a person prescribed in Clause 1 of this Article shall not be invalid in any of the following cases:

a) The civil transaction of a child less than 6 years of age or a legally incapacitated person established for his/her daily needs;

b) The civil transaction only either arising rights or exempting from obligations for the minor, the legally incapacitated person, the person with limited cognition and behavior control, the person with limited legal capacity and their contracting parties;

c) The civil transaction of which validity is recognized by the person established such transaction that become an adult or restore his/her legal capacity.

As regulated above, a person with limited legal capacity is not allowed to carry out civil transactions related to their assets without the consent of their legal representative according to the law.

However, a person with limited legal capacity can still independently carry out the following civil transactions without being rendered invalid:

- Transactions to meet the needs of daily life;

- The civil transaction only either arising rights or exempting from obligations for the person with limited legal capacity and their contracting parties;

- The civil transaction of which validity is recognized by the person established such transaction that become an adult or restore his/her legal capacity.

Which civil transactions are allowed to carried out by the persons with limited legal capacity in Vietnam? - image from internet

Are persons with limited legal capacity in Vietnam incapacitated persons?

Pursuant to Article 19 of the Civil Code in 2015 stipulating legal capacity of natural persons:

Legal capacity of natural persons

The legal capacity of a natural person is his/her capability to establish and exercise civil rights and perform civil obligations through his/her acts.

Pursuant to Article 22 of the Civil Code in 2015 stipulating lack of legal capacity:

Lack of legal capacity

1. A court shall, based on the opinion of forensic-psychiatric examination by any authorized organization and at the request of a person with related rights or interests or a relevant agency or organization, issue a decision to declare a legally incapacitated person who as a result of his/her mental or other illnesses cannot realize or conduct his/her actions.

Where the basis on which a person has been declared incapacitated no longer exists, the court shall, at the request of such person or any person with related rights or interests, issue a decision to revoke the decision declaring the incapacitated person.

2. All civil transactions of a legally incapacitated person shall be established and performed by his/her legal representative.

As regulated above, a person who is deemed to have lost legal capacity is considered to have mental disorders or is unable to comprehend and control their actions.

Therefore, in the case of disabled individuals, it does not necessarily mean that they have legal capacity. In reality, disabled individuals still have the ability to comprehend through their actions.

Who are natural guardians of incapacitated persons in Vietnam?

Pursuant to Article 53 of the Civil Code in 2015 stipulating natural guardians of incapacitated persons in Vietnam:

- Case 1:

+ If a wife is a legally incapacitated person, her husband shall be the guardian;

+ If a husband is a legally incapacitated person, her wife shall be the guardian;

- Case 2:

If both parents are incapacitated persons or either of them is a legally incapacitated person and the other does not fully meet requirements to be a guardian, the eldest child shall be the guardian;

If the eldest child does not fully meet the requirements to be a guardian, the next eldest child shall be the guardian;

- Case 3:

If an adult being a legally incapacitated person has no spouse or child or such person has spouse or children but they do not fully meet the requirements to be a guardian, his/her father and/or mother shall be the guardian.

Best regards!