Ownership rights are significant rights in civil relations. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are ownership rights defined according to Vietnam legal regulations? What are other property-related rights? How can I establish and exercise ownership rights and other property-related rights? How can I protect these rights? Thanks for answering me!”
Legal grounds
- 2015 Vietnam Civil Code
What are ownership rights and other property-related rights?
Ownership rights comprise the rights of an owner to possess, use and dispose of the property of the owner in accordance with law.
– Other property-related rights mean rights of entities directly hold or control the property belonging to ownership rights of another entity.
– Other property-related rights include:
- Right to adjacent immovable property;
- Usufruct right;
- Surface rights.
Rules for establishing and exercising ownership rights and other property-related rights
– Ownership rights and other property-related rights shall be established and exercised if they are prescribed in Code and relevant laws.
Other property-related rights shall remain valid although the ownership right have been transferred, otherwise provided by Civil Code or relevant laws.
– Each owner is entitled to perform all acts on his willpower to the property but it is not contrary to the provisions of the law, damage or adversely affects national interests, ethnicity, public interests, rights and legitimate interests of other people.
– Each holder of other property-related rights is entitled to perform all acts within the scope prescribed in Civil Code and relevant laws but it is not contrary to the provisions of the law, damage or adversely affects national interests, ethnicity, public interests, rights and legitimate interests of the owner or other people.
Time of establishing ownership rights and other property-related rights
– The time of establishing ownership rights and other property-related rights shall be determined as prescribed in Civil Code and relevant laws; if there is no relevant regulations of law, the agreement of the parties shall prevail; if there is no either relevant regulations of law or agreement of the parties, the time of establishing ownership rights and other property-related rights shall be the time when the property is transferred.
The time when the property is transferred is the time when the obligee or his/her legal representative possesses the property.
– In case where the property which has been not transferred arise yield or income, such yield or income shall belong to the transferor, unless otherwise agreed.
Bearing risks of property
– Each owner shall bear all risks of the property under his/her ownership, unless otherwise agreed or unless otherwise prescribed by Civil Code or relevant laws.
– Each holder of other property-related rights shall bear risks of the property within his/her right scope, unless otherwise agreed with the owner of the property or unless otherwise prescribed by Civil Code or relevant laws.
Regulations on protections of ownership rights and other property-related rights
– No one may be illegally restricted in or deprived of his/her ownership rights or other property-related rights to his/her property.
– In case of extreme necessity for reasons of national defense, security or national interests, the State shall affect a compulsory purchase or requisition with compensation of the property of organizations or individuals in accordance with the market prices.
Measures for protection of ownership rights and other property-related rights
– Each owner or holder of other property-related rights is entitled to self-protect and prevent anyone from infringing his/her rights by measures in accordance with regulations of law.
– Each owner or holder of other property-related rights shall have the right to request a court or another competent authority to compel the person infringing upon their rights to return the property and terminate the acts of illegally obstructing the exercise of their ownership rights or other property-related rights, and to request compensation for any damage.
*Regulations on the right to reclaim property
– Owners and/or holders of other property-related rights shall have the right to request the persons possessing, using or receiving benefits from the property without a legal basis to return such property.
– The owner of a property has no right to reclaim such property that is in the possession of a holder of other property-related rights.
*The right to reclaim movable property not subject to ownership right registration from bona fide possessors
Owners may reclaim movable property not subject to ownership right registration from bona fide possessors in cases where such bona fide possessors have acquired such property through unindemifiable contracts with persons who have no right to dispose of the property; in case of indemifiable contracts, the owners may reclaim the movable property if such movable property has been stolen, lost or other cases of possession against the owners’ will.
*The right to reclaim movable property subject to ownership right registration or immovable property from bona fide possessors
Owners may reclaim their movable property subject to ownership right registration and immovable property, except for cases prescribed in Clause 2 Article 133 of Civil Code.
*The right to request the prevention of acts of illegally obstructing the exercise of ownership rights and other property-related rights
When exercising their ownership rights or other property-related rights, the owners or holders shall have the right to request persons committing acts of illegally obstructing the exercise of their lawful ownership rights or possession rights to terminate such acts or request a court or another competent authority to compel such persons to terminate their violations.
*The right to request compensation for damage
Owners or holders of other property-related rights are entitled to request persons infringing upon their ownership rights or other property-related rights to compensate for any damage.
Regulations on possession with a legal basis
– Possession with a legal basis is the possession of a property in any of the following cases:
- The owner possesses the property;
- A person is authorized by the owner to manage the property;
- A person to whom the right to possession has been transferred through a civil transaction in accordance with the provisions of law;
- + A person who discovers and keeps derelict property, property with unidentified owners, property which has been let drop on the ground, left over out of inadvertence, buried or sunken in accordance with Civil Code and/or relevant laws.
- + A person who discovers and keeps stray domestic animals, poultry or raised aquatic animals in accordance with Civil Code and/or relevant laws;
- + Other cases as prescribed by law.
– A possession of property which does not comply with the provisions of Clause 1 of Article 165 is a possession without a legal basis.
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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Frequently asked questions
Ownership rights comprise the rights of an owner to possess, use and dispose of the property of the owner in accordance with law.
Other property-related rights include:
+ Right to adjacent immovable property;
+ Usufruct right;
+ Surface rights
Each owner is entitled to perform all acts on his willpower to the property but it is not contrary to the provisions of the law, damage or adversely affects national interests, ethnicity, public interests, rights and legitimate interests of other people.
Conclusion: So the above is Rules for establishing and exercising ownership rights in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
