Vietnam: Determination of civil legal personality and capacity for civil acts of foreigners

Vietnam: Determination of civil legal personality and capacity for civil acts of foreigners (Illustration)

Decree 138/2006/ND-CP specifies the determination of civil legal personality and capacity for civil acts of foreigners in Vietnam as follows:

The application of the law to determine the civil legal personality of foreigners in Vietnam is prescribed as follows:

- The civil legal personality of an individual who is a foreigner is determined according to the law of the country of which that person is a citizen;

- Foreigners have civil legal personality in Vietnam equivalent to Vietnamese citizens unless otherwise provided by the law of the Socialist Republic of Vietnam.

The civil legal personality of a foreigner residing in Vietnam is determined according to the provisions from Article 14 to Article 16 of the Civil Code.

The application of the law to determine the capacity for civil acts of foreigners is prescribed as follows:

- The capacity for civil acts of an individual who is a foreigner is determined according to the law of the country of which such person is a citizen unless otherwise provided by the law of the Socialist Republic of Vietnam;

- In case foreigners create and perform civil transactions in Vietnam, the capacity for civil acts of the foreigner is determined according to the law of the Socialist Republic of Vietnam.

In case foreigners create and perform civil transactions in Vietnam, the capacity for civil acts of that foreign individual is determined according to the provisions from Article 17 to Article 23 of the Civil Code.

Additionally, in case a foreigner is stateless or has two or more nationalities, the application of the law to determine the civil legal personality and capacity for civil acts of that person shall comply with the provisions in Article 760 of the Civil Code, Article 5, and Clause 1 of Article 6, Clause 1 of Article 7 of this Decree.

Details can be found in Decree 138/2006/ND-CP which came into effect on December 13, 2006.

Ty Na

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