The third event in the series commemorating the first anniversary of the implementation of the “Chinese Civil Code” was held on December 3 with the international academic conference titled “Codification of Civil Law in Asia: Achievements and Challenges”. This milestone was celebrated through a joint effort by Zhongnan University of Economics and Law (ZUEL), University of Law-Hue University (HUL), and University of Law- Vietnam National University (VNU-UL). The conference, which was held simultaneously in Wuhan and Hue, brought together esteemed experts and scholars, both in person and online, from prestigious universities including Tsinghua University, Renmin University of China, Jilin University, China University of Political Science and Law, East China University of Political Science and Law, and Southwest University of Political Science and Law.
The opening ceremony was presided over by Associate Pro. Li Jun, Vice Dean of the School of Law at ZUEL and Dr. Cao Dinh Lanh, Head of the International Cooperation Department at HUL.
During the opening speech, Associate Professor Doan Duc Luong, Rector of HUL, emphasized the remarkable achievements in legal construction demonstrated by the codification of civil laws in Vietnam and China. He highlighted the significance of the conference as a result of academic exchange between the two nations and expressed his hopes for further strengthening of academic collaboration between the two universities in the future.
Associate Professor Nguyen Thi Que Anh, Rector of VNU-UL, stated in her speech that the promulgation of the Chinese Civil Code signifies tremendous achievements in China’s legal construction, providing valuable experience for the subsequent compilation and revision of the Vietnamese Civil Code. She expressed her anticipation for deeper exchanges with Chinese counterparts to seek optimal solutions for the implementation and revision of the Vietnamese Civil Code.
Professor Xu Diyu, Assistant of Rector, Head of International Exchange Department, Hongkong, Macao and Taiwan Affairs Office of ZUEL, underscored the significant meaning of experts and scholars from China and Vietnam gathering to discuss the achievements and challenges of Codification of Civil Law in Asia. He expressed hope that the conference would further enhance cooperation and exchange to play a vital role in promoting the effective implementation of civil codes in both countries.
Dr. Nguyen Bich Thao, Head of Faculty of Civil Law of VNU-UL, proceeded the conference smoothly with her introduction speech, covering a review of the codification of civil laws in Asian countries and a brief introduction to the conference’s sessions and topics.
Professor Hu Donghai from ZUEL presided over the first session, “General Issues on Codification of Civil Law: Experiences from China, Vietnam, and Other Countries”.
Professor Yi Jun from China University of Political Science and Law systematically outlined the fundamental principles of the Chinese Civil Code, providing an in-depth analysis of the systematic relationships among these principles. Associate Pro.Ngo Hug Cuong, Former Head of Faculty of Civil Law VNU-UL provided a detailed explanation of the codification process and the compilation of the Vietnamese Civil Code. The drafting team and legislative process of the Vietnamese Civil Code (2015) was briefly introduced by Mr. Nguyen Hong Hai, Deputy Director of the National Registration Agency for Secured Transactions-Ministry of Justice of Vietnam and Member of the Drafting Committee of the Vietnamese Civil Code (2015). Professor Zhu Hu from the Law School of Renmin University of China comprehensively expounded on the significance, connotation and regulations concerning the separate compilation of personality rights in Chinese Civil Code. Dr. Sébastien Lafrance, Crown Counsel (Prosecutor), Public Prosecution Service of Canada presented the similarities and differences between the Quebec Civil Code and the Sino-Vietnamese Civil Code, elucidating the main issues involved in the codification of civil law.
During the discussion session, legal experts and scholars from China and Vietnam engaged in in-depth exchanges on the roles of fundamental principles in civil codes, the regulation and remedies for personality rights, and the integration of different legal systems into their respective civil codes.
Dr. Li Jinlou of ZUEL presided over the second session of the keynote speech themed “Property Rights and Codification of Civil Law”.
Dr. Nguyen Thi Phuong Cham of VNU-UL conducted a comparative study on the codification of real rights in Vietnamese and Chinese Civil Law. Associate Professor Long Jun, Vice Dean of the School of Law at Tsinghua University, interpreted the secured transactions in movable property in Chinese Civil Code and provided suggestions for improvement. Associate Professor Nguyen Thi Que Anh, Rector of VNU-UL, reported on the goals and possible codification of intellectual property laws.
Associate Professor Zhang Jing from the School of Law at ZUEL presided over the third session of the keynote speech themed “Obligations Law and Codification of Civil Law”.
Professor Cao Xianfeng, Vice Dean of the School of Law at Jilin University, discussed the systematic positioning of helper’s liability under Chinese Civil Code. Through a systematic analysis of employer liability, suggestions were made on how to optimize the interpretation of the provisions on helper liability in the Civil Code. Professor Li Hao of ZUEL elaborated on the external system of the book of tort liabilities in Chinese Civil Code from the perspective of the connection between the book of tort liabilities and other books in Chinese Civil Code, as well as the connection between public and private law. Dr. Tran Kien of VUN-UL elaborated on the advantages and disadvantages of the book of obligation law under Vietnamese Civil Code. Professor Yao Mingbin from the School of Law at East China University of Political Science and Law reported on the new development of the judicial reduction of liquidated damages under Chinese Civil Code, evaluated the improvement of the relevant rules of the Civil Code, and analyzed the effectiveness of judicial reduction of liquidated damages.
Associate Professor Liu Zhengfeng from the School of Law at ZUEL presided over the fourth session of the keynote speech themed “Research on Legal Issues in the Post-Civil Code Era”.
Professor Zhang, Vice Dean of the School of Civil and Commercial Law at Southwest University of Political Science and Law, mainly expounded on the functions of the Civil Code in promoting family civilization. Associate Professor Zan Qianglong of ZUEL offered an analysis of the validity of contracts in violation of regulations concerning the construction right in land. Professor Wu Zhenyu of ZUEL focused on the new problems following the implementation of the Civil Code, so as to provide theoretical clarification on the research focus, as it ought to be, of digital assets. Dr. Nguyen Thi Le Huyen proposed some recommendations for codification of marriage and family law regarding surrogacy in Vietnam.
During the discussion, scholars from both countries had in-depth exchanges on the structure of civil code and the normative design of marriage and family law.
Associate Professor Chen Xiaomin, Director of Civil and Commercial Law Faculty at the Law School of ZUEL, presided over the closing ceremony.
Professor Ma Changhua from ZUEL delivered a concluding speech at the conference, reviewing the theme and content of the conference. He acknowledged the comprehensive analysis, macroscopic overviews and specific researches provided by experts and scholars from different perspectives to respectively share the achievements and challenges in the codification and implementation of civil law. He expressed optimism about the active significance of the discussions for advancing the implementation and improvement of civil codes and hoped for future collaborations and mutual learning experiences with Vietnamese universities.
