Legal personality and legal capacity of natural persons under Vietnam Law

Legal personality and legal capacity are important matters to natural persons under Vietnam Law. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what do the legal personality and the legal capacity of natural persons mean in Vietnam? What are contents of the legal personality of a natural person? Thanks for answering me!”

Legal grounds

2015 Vietnam Civil Code

What is the legal personality of natural persons?

The legal personality of a natural person is his/her capability to have civil rights and civil obligations.

All individuals shall have the same legal personality. The legal personality of a natural person commences at birth and terminates at death.

Contents of the legal personality of a natural person

Contents of the legal personality of a natural person comprise:

• Personal rights not associated with property, and personal rights associated with property.
• Ownership rights, inheritance rights and other rights with respect to property.
• Rights to participate in civil relations and to assume obligations arising out of such relations.

*No restrictions on the legal personality of natural persons

The legal personality of a natural person shall not be restricted, unless otherwise provided for by law.

What is the 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.

*Adults

• Adults are persons who are eighteen years of age or older.
• Each adult shall have full legal capacity, except for the cases prescribed in Articles 22, 23 and 24 of Civil Code.

*Minors

• Minors are persons who are under eighteen years of age.
• Civil transactions of each child under six years of age shall be established and performed by his/her legal representative.
• Each person who is from six to under eighteen years of age must have the consent of his/her legal representative to enter in and perform civil transactions, except for civil transactions which are performed for the purpose of meeting the needs of daily life suitable for the age group.
• Each person who is from fifteen to under eighteen years of age is entitled to enter in and perform civil transactions by himself/herself, except for civil transactions related to real estate, movables required registration and other civil transactions as prescribed by law that are subject to the consent of his/her legal representative.

Lack of legal capacity

– 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.

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

Persons with limited cognition or behavior control

• 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 an adult with limited cognition or behavior control due to his/her physical or spiritual condition, and appoint a legal guardian and define rights and obligations of such guardian.
• Where the basis on which a person has been declared limited cognition or behavior control 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 person with limited cognition or behavior control.

Persons with limited legal capacity

– A court shall, at the request of a person with related rights or interests or a relevant agency or organization, issue a decision to declare a person with limited legal capacity after excessive drug consumption or other psychotropic substances, worsening material situation of the family.

The court shall appoint a legal representative of the person with limited legal capacity and the representation scope.

– 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.

– Where the basis on which a person has been declared limited capacity of exercise 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.

All civil relations relating to personal rights of a minor, a legally incapacitated persons, or a person with limited cognition or behavior control shall be established and performed with the consent of his/her legal representative as prescribed in Civil Code, other relevant laws or decisions of a court.

* Notice about guardianship

• Guardianship means an individual or organization (hereinafter referred collectively to as guardian) is required by law or appointed to take care of and protect legitimate rights and interests of a minor or a legally incapacitated person or a person with limited cognition and behavior control (hereinafter referred to as a ward).
• When a person with limited cognition and behavior control is capable of expressing his/her will anytime when he/she requests the guardianship, his/her consent is required.
• The guardianship must be registered at a competent authority as prescribed in law on civil status affairs.

Natural guardians must fulfill their obligations regardless of their registration of guardianship.

If there is no guardian prescribed in Clause 2 Article 48 of Civil Code, the natural guardian of a legally incapacitated person shall be determined as follows:

• 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;
• 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;
• 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.

Please see more:

• Instructions for exclusive registration of company logos in Vietnam
• Service of changing the legal representative of Vietnamese enterprises

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