Methods to protect civil rights when being violated in Vietnam

Civil rights include rights such as personal rights, property rights, etc. What are the methods to protect civil rights when the civil rights of individuals and legal entities in Vietnam are violated?

Methods to protect civil rights when being violated in Vietnam (Source: Internet)

According to Article 11 of Vietnam's Civil Code 2015, If a person has his/her civil rights violated, he/she may:

* Protect them himself/herself as prescribed in Vietnam's Civil Code and other relevant laws:

Self-defense of civil rights must be consistent with the nature and extent of violation upon civil rights and must not be contrary to basic principles of civil law.

Basic principles of civil law

1. Every person shall be equal in civil relations, may not use any reason for unequal treatment to others, and enjoy the same protection policies of law regarding moral rights and economic rights.

2. Each person establishes, exercises/fulfills and terminates his/her civil rights and obligations on the basis of freely and voluntarily entering into commitments and/or agreements. Each commitment or agreement that does not violate regulations of law and is not contrary to social ethics shall be bound by contracting parties and must be respected by other entities.

3. Each person must establish, exercise/ fulfill, or terminate his/her civil rights and/or obligations in the principle of goodwill and honesty.

4. The establishment, exercise and termination of civil rights and/or obligations may not infringe national interests, pubic interests, lawful rights and interests of other persons.

5. Each person shall be liable for his/her failure to fulfill or the incorrect fulfillment of any such civil obligations.

* Request competent agencies and organizations in Vietnam to:

- 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;

Each person has his/her civil rights violated shall be eligible for total damage, unless otherwise agreed by parties or unless otherwise prescribed by law.

- Cancellation of isolated unlawful decision 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.

- Other requirements specified by law.

Diem My


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