What contents are included in the Civil Confirmation Form for Employment in 2024 in Vietnam? What are cases in which civil rights in Vietnam may be limited?

What contents are included in the Civil Confirmation Form for Employment in 2024 in Vietnam?

You may refer to the the Civil Confirmation Form for Employment in Vietnam here.

What are cases in which civil rights in Vietnam may be limited?

Pursuant to Article 2 of the Civil Code in 2015 stipulating recognition, respect, protection and guarantee of civil rights:

Recognition, respect, protection and guarantee of civil rights

1. In the Socialist Republic of Vietnam, all civil rights are recognized, respected, protected and guaranteed under the Constitution and law.

2. Civil rights may be limited as prescribed in law in exceptional circumstances that due to national defense and security, social safety and order, social ethics and the community's health.

As regulated above, civil rights may be limited in exceptional circumstances that due to national defense and security, social safety and order, social ethics and the community's health.

What contents are included in the Civil Confirmation Form for Employment in 2024 in Vietnam? What are cases in which civil rights in Vietnam may be limited? - image from internet

What are bases for establishment of civil rights in Vietnam?

Pursuant to Article 8 of the Civil Code in 2015 stipulating bases for establishment of civil rights in Vietnam:

Civil rights shall be established on the following bases:

- Contracts;

- Unilateral legal acts;

- Decisions of courts or other competent state agencies as prescribed;

- Outcomes of labor, production and business; or creation of subjects of intellectual property rights;

- Possession of property;

- Illegal use of assets or illegal gain therefrom;

- Damage caused by an illegal act;

- Performance of a task without authorization;

- Other bases specified by law.

What are regulations on limitations on exercise of civil rights in Vietnam?

Pursuant to Article 10 of the Civil Code in 2015 stipulating limitations on exercise of civil rights in Vietnam:

- Each person may not abuse his/her own civil rights to cause damage to other persons or violate his/her own obligations or for other unlawful purposes.

- If a person fails to comply with Clause 1 of this Article, a court or a competent agency shall, according to the nature and consequences of the violation, either protect part or the whole of his/her rights, compel him/her to given compensation and other sanctions as prescribed by law.

What are methods for protecting civil rights in Vietnam?

Pursuant to Article 11 of the Civil Code in 2015 stipulating methods for protecting civil rights in Vietnam:

Methods for protecting civil rights

If a person has his/her civil rights violated, he/she may protect them himself/herself as prescribed in this Code, other relevant laws or request competent authorities to:

1. Recognize, respect, protect and guarantee of his/her civil rights;

2. Order the termination of the act of violation;

3. Order a public apology and/or rectification;

4. Order the performance of civil obligations;

5. Order compensation for damage;

6. Cancellation of isolated unlawful decision of competent agencies, organizations or persons;

7. Other requirements specified by law.

As regulated above, civil rights in Vietnam are protected by following methods:

- Recognize, respect, protect and guarantee of his/her civil rights;

- Order the termination of the act of violation;

- Order a public apology and/or rectification;

- Order the performance of civil obligations;

- Order compensation for damage;

- Cancellation of isolated unlawful decision of competent agencies, organizations or persons;

- Other requirements specified by law.

If the isolated decision in Vietnam is cancelled, will the civil right against which the decision violates be restored?

Pursuant to Article 15 of the Civil Code in 2015 stipulating cancellation of isolated unlawful decisions of competent agencies, organizations or persons in Vietnam:

Cancellation of isolated unlawful decisions of competent agencies, organizations or persons

A court or a competent authority is entitled to cancel an isolated decision of another competent agency, organization or person, upon a request for protection of civil rights.

If the isolated decision is cancelled, the civil right against which the decision violates shall be restored and protected by the methods prescribed in Article 11 of this Code.

As regulated above, if the isolated decision in Vietnam is cancelled, the civil right against which the decision violates shall be restored.

Best regards!