Under current law, the rights of the owner to his/her property include the right of possession; the right to use and the right to dispose. Let’s learn about owner’s rights to property under Viet Nam law with LSX Lawfirm through the article below.
Civil law 2015
Right of possession
The 2015 Civil Code in Article 186 provides: The owner is entitled to perform all acts according his will to hold and control his/her property but must not contravene the law or social ethics.
Ownership rights include the contents
The range of actions the owner has the right to perform with respect to the possession of his property. The law allows the owner to perform all acts to carry out the holding; and control over the property under his/her ownership. The law stipulates the limit that the owner must comply with; when carrying out the act of holding and controlling the property. Owners has right to perform illegal or unethical acts.
Right to use
According to the provisions of Article 189 of the 2015 Civil Code : “The right to use is the right to exploit the utility; enjoy the benefits and profits from the property. The right to use may be transferred to another person by agreement or by law.”
The right of use includes the content
The content of the right to use is the right to perform acts of exploiting the utility; and to enjoy profits and profits from the property. Exploiting the use of property to meet the material and spiritual interests of the subject in socio-economic life. The right to use can be the subject of transfer in civil transactions on the basis of agreements or regulations of law.
The right to decide
Article 192 of the 2015 Civil Code provides:
The right of disposition is the right to transfer ownership of property, to renounce ownership, to consume, or to destroy property.
The right of disposition is the transfer of ownership of property from one subject to another. The subject with the right to dispose includes the owner of the property, the person authorized by the owner or the person with the right based on the decision of the competent state agency or the effective judgment of the Court.
The right to dispose means the owner giving up the ownership right as Article 239 of the 2015 Civil Code The right to dispose expressed through the consumption of property. This is a case where the subject has the right to decide the actual fate of the property. Consumable property means consumables as prescribed in Article 112 of the 2015 Civil Code.
The right to dispose is expressed through the destruction of property. Destruction is an act that the subject has the right to terminate the existence of the property, terminate, destroy all uses and features of the property, decide the actual fate of the property.