NA discusses draft amendments to Civil Code

The 13th National Assembly continued its fifth working day on October 24 to discuss important draft amendments to the Civil Code, which has a significant impact upon the economy as well as to cultural, social and economic relations and is related to both national and foreign citizens in addition to investors in the country.

 

A deputy from Kon Tum province speaks at the session.

Many NA deputies gave comments on the protection of civil rights in articles 2, 5, 6 and 14 in draft amendments. They agreed that the protection of civil rights by authorised agencies should be regulated to institutionalise the Constitution on ensuring human and citizen’s rights. Several others suggested the application of practices and doctrines of equality and equivalents to be in line with the regulation that a judge conducts trials independent in accordance with the law.

Several deputies also asked for clarification of practices, legal equivalents, case law, doctrines of equality and their application mechanisms to ensure feasibility.

 

Deputy Nguyen Thi Kim Thuy from Da Nang city and a number of other deputies supported the regulation of civil rights via courts, as legal regulations on the application have not yet been made available. In fact, civil disputes have been turned into criminal cases as the disputes cannot be resolved due to a lack of legal regulations.

 

Deputy Dinh Xuan Thao from Hanoi supported the application of legal equivalents and doctrines of equality as even in countries with developed legal systems written laws fail to comprehensively cover all arising circumstances in society.

 

Articles 75 and 76 of the draft code regulate commercial and non-commercial legal entities and Charter V regulates the involvement of the State and State agencies in civil relations. Deputy Truong Trong Nghia from Ho Chi Minh City suggested the regulations should be further studied to be in line with international conventions.

 

Deputies also paid due attention to protecting the rights of the bona fide third person when a civil transaction is invalid as regulated in Article 133.

 

(Source: nhandan.org.vn)