“Sir, I have a question that I hope you will answer. Currently, I am repairing my house. During the process of digging the foundation of my house, I discovered a number of porcelain dishes with beautiful patterns, only four of which are intact. , the rest were chipped. I gave it to an acquaintance to examine and was sure it was an antique. When I learned that the commune official had come to my house and said it was state property, I had to return it. Can you tell me if the law requires me to return those antiques? Do I have the right to keep them or sell them? Thank you.” Thanks for your question. Today, LSX Lawfirm will give you an article about “Do Vietnamese antiquities have to be handed over to the government?“, as follows:
Legal grounds
Civil Code 2015
Cultural Heritage Law 2009
What are antiquities?
Antiquities are objects of historical, cultural, or artistic value that were made a long time ago.
Usually, the older an antique is, the rarer it is, especially for things that are unique without a second (unique thing). This considered a cultural heritage of the country, so the use, management, and transaction of this object must comply with strict regulations of the law.
The disposition of antique properties such as sale, donation, exchange, etc. must comply with the provisions of law. Antiquities owners have limited right to dispose of: when antique owners sell antiques, the State has the right of priority to buy, in cases where organizations or individuals have the right of priority to buy a particular property. When selling an asset, the owner of that antiquity must reserve the right of priority to buy it for that organization or individual. People who find antiques must hand them over to competent state agencies and they entitled to a reward as prescribed by law.
So If they fail to strictly comply with the law on the management, use, and trading of antiques, the responsible person may handled for violating the law.
Rights and obligations of individuals and organizations towards cultural heritage
Accordingly, to the provisions of the Law on Cultural Heritage (amended and supplemented in 2009), the rights and obligations of organizations and individuals towards cultural heritage divided into 3 groups according to different types of subjects. As follows:
Articles 14, 15, and 16 of the Law on Cultural Heritage (amended and supplemented in 2009) provide for the rights and obligations of individuals with respect to cultural heritage.
Rights and obligations of organizations and individuals in general towards cultural heritage
Accordingly, to “Article 14: Organizations and individuals have the following rights and obligations:
1. Legal ownership of cultural heritage;
2. Visiting and researching cultural heritage;
3. Respect, protect, and promote the value of cultural heritage;
4. To promptly notify the location of the discovery of relics, antiquities, national treasures, historical-cultural relics, and scenic spots; hand over the found relics, antiquities, and national treasures to the nearest competent state agency then;
5. Prevent or request competent state agencies to prevent and promptly handle acts of illegal destruction, appropriation, and use of cultural heritage then.”.
Rights and obligations of organizations and individuals as owners of cultural heritage
Accordingly, to “Article 15: Organizations and individuals that are owners of cultural heritage have the following rights and obligations:
1. To comply with the provisions of Article 14 of this Law;
2. Take measures to protect and promote the value of cultural heritage; promptly notify competent state agencies in case the cultural heritage is in danger of being falsified, destroyed, or lost;
3. Send the collection of intangible cultural heritage, relics, antiquities, and national treasures to the state museum or a competent state agency in case the conditions and capacity to protect and promote the value are not met. treatment;
4. Creating favorable conditions for organizations and individuals to visit, travel, and research cultural heritage; 5. Exercise other rights and obligations as prescribed by law.”
Rights and obligations of organizations and individuals directly managing cultural heritage
Accordingly, to “Article 16: Organizations and individuals that directly manage cultural heritage have the following rights and obligations:
1. To protect and preserve cultural heritage;
2. Take measures to prevent and promptly stop acts of infringing upon cultural heritage;
3. To promptly notify the owner of the nearest competent state agency when the cultural heritage is lost or in danger of being destroyed;
4. Creating favorable conditions for organizations and individuals to visit, travel, and research cultural heritage then;
5. To exercise other rights and perform other obligations as prescribed by law.”.
Digging antiquities must be handed over to the government?
Accordingly, to the provisions of the Civil Code 2015, the establishment of ownership rights for properties whose owners cannot identified are specified in Clause 2, Article 228:
– Persons who discover a property that cannot identified as the owner must notify or hand it over to the nearest commune-level People’s Committee or commune-level police station to publicly notify the owner and receive it back then.
The handover must recorded in writing, clearly stating the full name and address of the deliverer and recipient, the status, quantity, and volume of the property handed over then.
– The People’s Committee of the commune or the police station of the commune that has received the property must notify the discoverer of the results of the identification of the owner then.
After 1 year from the date of public announcement, if it is not possible to determine who is the owner of the movable property, the ownership rights to such movable property shall belong to the person who discovered the property then.
Accordingly, in case an antique discovered, it is responsible for notifying the commune-level People’s Committee or the nearest commune-level police station. After 1 year if there is a public notice but no recipients, his family will identified as the property owners. Only then will he have the right to buy and sell antiques.
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Related questions
In the 2015 Civil Code, there are provisions on the concept of rightful possession in article 180 as follows: “In good faith, possession is possession in which the possessor has grounds to believe that he or she has a right to the property being possessed.” Accordingly, righteous possession is possession in which the possessor has grounds to believe that he or she has a right to the property currently possessed, including possession with legal grounds and possession without legal grounds. but righteously.
Accordingly, to Article 25 of Decree 98/2010/ND-CP (amended and supplemented 142/2018/ND-CP): 1. The owner of a store that buys and sells relics, antiquities, and national treasures must satisfy the following conditions: a) Being a Vietnamese citizen with a permanent address in Vietnam; b) Possessing a practicing certificate for trading in relics, antiquities, and national treasures; c) Having a shop with adequate area to display relics, antiquities and national treasures
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