Personal relationship is a term used a lot in legal documents. However, at present, there is no document providing specific regulations on personal relationships. LSX Lawfirm will give you an article about: “Personal relationship in Vietnam”, as follows:
Legal grounds
Civil Code 2015
What is personal relationship?
So, Identity a civil right attached to that person; created; incurred; changed or terminated by decisions of competent authorities. Personal factors considered important in reviewing judicial records and especially as the basis for deciding penalties, serving suspended sentences, and expunging previous criminal records in criminal cases.
So, Personal relationships are subject to regulation by many different branches of law. When it comes to personal relationships; then we can understand these relationships stemming from the subject’s spiritual values; This spiritual value associated with economic benefits or may not associated with economic benefits. Personal relationship – one of the two regulated objects of the Civil Law.
Then Personal relationships arise for spiritual benefits; always associated with the subject not a commodity – money and cannot calculate by value. If in the property relationship, there may be a transfer of property from one subject to another, then in the personal relationship; the transfer of spiritual values is not possible.
Personal relationship characteristics
This a social relationship associated with an individual or organization. Civil law recognizes that moral rights civil rights attached to each individual that cannot transferred to another subject. However; In some special cases prescribed by law, moral rights can transferre to other subjects.
Spiritual benefits cannot limit or taken away, except as provided for by law. Each subject has different personal values but equally protected when those values are violated.
Personal relationships governed by Civil Law always involve a spiritual benefit. Spiritual benefits can spiritual values recognized by law and respected by people as honor; dignity; prestige… But that spiritual benefit can also be the result of human creative labor. Spiritual interests are the governing factors for personal relationships governed by the Civil Law – to distinguish them from property relations; always related to property.
So, Personal relationships cannot exchanged at par. Personal Relationship Not Definable in Money – Moral and monetary values not equivalent and cannot exchanged at par. In the process of participating in social relations; spiritual interests of individuals may prescribe by law for individuals; personally acquired in connection with creative mental activity; but those spiritual benefits cannot value in monetary terms or in other words legally the personal relationship is of non-property nature.
Classification of personal relationships
Moral rights in the Civil Law divided into two main groups: Moral rights associated with property; Moral rights not attached to property
- Firstly, Moral rights associated with property – a group of relationships derived from initial spiritual values; subjects will enjoy material benefits from the transfer of rights to the results of creative activity. These personal relationships created by the individual from creating a spiritual value by his identity and attached to the property and it is transferable to others.
- Secondly, the group of personal relationships not attached to property – a group of relationships prescribed by the State in the Civil Code for individuals. Personal relationships not attached to property – personal relationships derived from spiritual values; these spiritual values have no economic content and are completely non-transferable.
Procedure to confirm personal relationship
So dossier for verification of personal relationship includes:
- An application for confirmation of personal relationship according to the prescribed form;
- Relevant documents to prove personal relationship
To prove personal relationship; The person performing the procedure needs to submit a request to the competent authority together with documents proving his/her identity and proof of relationship such as a document proving the relationship of a reputable medical facility or by a doctor.
State established (AND certificate, …). On that basis, the competent authority will issue a certificate of personal relationship as a basis for recording in the civil status book in case of confirmation of father, mother, child, permanent residence registration, etc.
What is an application for identification?
The application for confirmation of personal relationship used to record the applicant’s information when he wants to confirm the personal relationship between two or more people with the same relatives (father – child; mother – child; grandfather – grandchild; aunt – nephew; … or with the same name in the household registration book) send it to the competent State agency for settlement.
What is the difference between a personal relationship and a property relationship?
Personal relations
- Firstly Personal relationships arise for spiritual benefits, always associated with the subject, it not of commodity-monetary nature and cannot calculated by value.
- Secondly In personal relationships, the transfer of spiritual values is not possible.
- Thirdly Always involve a spiritual benefit.
- Can not determine by money.
- Finally the spiritual benefits always associated with the subject.
Property relations
Property relations are social relations between people through a certain property.
- Firstly Rich diversity.
- Secondly Willingness
- Has a value and calculated in money
- Finally the nature of compensation is equivalent to exchange.
Related questions
Personal relationships are divided into two types: Personal relationships associated with property and personal relationships not associated with property.
Personal relationships are relationships derived from the subject’s spiritual values, these spiritual values may be associated with economic benefits or may not be associated with economic benefits.
Always involve a spiritual benefit.
Can not be determined by money.
The spiritual benefits are always associated with the subject.
You can also refer to the article related to Authority and scope of work of bailiffs in Vietnam; or Bailiff real estate in Vietnam; Bailiff under Vietnamese law; Conditions to practice as a bailiff in Vietnam or Buy land and make a certificate of notarization in Vietnam.
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