Even lawmakers cannot fully understand the draft Civil Code (amended)?

“When dealing with foreign investors, they are very afraid of abstract legal concepts such as “the fundamental principle is invalid”. When it comes to unresolved issues, public authorities refer to this concept.”

Delegate Truong Trong Nghia (HCMC) reflected on the shortcomings in the draft Civil Law (amended) discussed in the morning group on November 13.

The concept of “the basic principle of invalidity” is still retained in the draft Civil Code (amended) as in the current law, this concept makes many investors very scared.

“Many times foreign investors ask us what the concept of basic principles is, we cannot explain it to them, because even the lawmakers cannot define it. The law must be clear, must be able to foresee and predict, so the draft law must overcome this point,” said Deputy Truong Trong Nghia.

In addition, although considered a "general law", the design of ownership rights in the draft revised law is too broad and too loose, causing the specialized law to risk "overshadowing" civil law.

National Assembly Delegate Huynh Ngoc Anh (HCMC): In the draft Civil Law (amended), there are concepts that even lawmakers cannot understand.

Without specific regulations, many problems will arise. Even establishing ownership of a motorbike is complicated.

“The law is too broad like the draft law, it cannot identify errors, when there is a dispute, it is not known who is responsible” – Deputy Huynh Ngoc Anh stated. Mr. Anh also admitted that the draft revised law has many contents and concepts that even a law maker like him does not fully understand.

Also pointing out the shortcomings in the issue of determining ownership, Deputy Tran Du Lich (HCMC) emphasized that the time to certify ownership of real estate must be the time of declaring the registration tax, and the State's recognition of that property. It is not possible to issue a regulation like "cash on delivery", just signing a commitment, paying money to recognize ownership is not okay. This is a characteristic of personal property, if we remove this regulation, it will cause disputes and social disorder that are difficult to control.

"If it is regulated like that, then the Law on Marriage and Family must be amended. There is no need to register for marriage. Just having a wedding and living together is enough to become husband and wife," said Delegate Lich.

In addition, Mr. Lich also said that if the Constitution is followed, it must be recorded as ownership by the entire people, represented by the State. Ownership by the entire people is the largest ownership, common ownership. So there are types of common and private ownership.

Mr. Lich said, “It must be clearly stated who is the representative of the common ownership. I think the law must state that the ownership of the entire people is the largest common ownership. Because this is a political concept rather than a legal concept. In addition, we must discuss again which State and State organizations are legal entities, which are not legal entities, and what assets they have. We cannot speak in general terms.”

“This time, the Civil Code must be amended in a clear manner. If we want to come up with our own ideas, it will only create more chaos,” continued Deputy Lich.

The draft Civil Code (amended) will be discussed through three sessions. Therefore, National Assembly deputies expect that after many discussions and comments, the draft will be revised in the direction of maintaining the criterion that "main law" governs specialized law.

According to Infonet