Creation of ownership rights is an important legal matter. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are bases for establishing ownership rights? How are ownership established in certain circumstances? Thanks for answering my questions!”
Legal grounds
2015 Vietnam Civil Code
Basis for establishing ownership rights
Ownership rights are created with respect to property in any of the following cases:
– Through labour, lawful production and business activities, or creation of subjects of intellectual property rights;
– Transfer of ownership rights as agreed or pursuant to a decision of a competent authority;
– Receipt of yield and/or income;
– Formation of new objects through merging, mixing or processing;
– Inheritance of property;
– Acquisition in accordance with law on objects of which owner is unidentified, buried or sunken objects; lost or mislaid objects, stray poultry or livestock or aquaculture stock.
– Possession and gain from property prescribed in Article 236 of Civil Code;
– Other cases as provided by law.
Establishment of ownership rights in case of merger
– Where property of more than one owner is merged to form an indivisible object and it is not possible to determine whether the property which is merged is a primary object or an auxiliary object, the newly formed object shall be the multiple ownership property of such owners. If the property which is merged consists of a primary object and an auxiliary object, the newly formed object shall belong to the owner of the primary object from the time when the new object is formed. The owner of the new property must pay the value of the auxiliary object to its owner, unless otherwise agreed.
– Where a person merges the moveable property of another person with his/her own moveable property, even though he/she knew or should have known that such property was not his/her own and he/she did not have the consent of the owner of the property which was merged, the owner of the property which is merged shall have one of the following rights:
+ Request the person having merged the property to deliver the new property to it and to pay the value of the property;
+ Request the person having merged the property to pay the value of the merged property and to compensate for any damage if the owner of the property which is merged does not wish to take the new property.
+ Other rights as provided by law.
– Where a person merges the moveable property of another person with his/her own immoveable property, even though he/she knew or should have known that such property was not his/her own and he/she did not have the consent of the owner of the property which was merged, the owner of the property which is merged shall have one of the following rights:
+ Request the person having merged the property to pay the value of the merged property and to compensate for any damage;
+ Other rights as provided by law.
– Where a person merges the immoveable property of another person with his/her own moveable property, the owner of the immovable property has the right to request such person to demolish the illegally merged property and compensate for any damage, or retain the property and pay the value of the merged property to such person, unless otherwise agreed.
Establishment of ownership rights in case of mixing
– Where the property of more than one owner is mixed to form a new indivisible object, the new object shall be the multiple ownership property of such owners from the moment of mixing.
– Where a person has mixed the property of another person with its own property, even though it knew or should have known that such property is not its own and it does not have the consent of the owner of the property which has been mixed, the owner of the property which has been mixed may:
+ Request the person having mixed the property to deliver the new property to it and pay such person the value of the property of such person;
+ If the owner of the property which has been mixed does not wish to take the new property, request the person having mixed the property to pay the value of the property of the owner and to compensate for any damage.
Establishment of ownership rights in case of processing
– An owner of raw materials which are processed to form a new object is also the owner of the newly formed object.
– A person using raw materials under the ownership of another person for processing who acts in good faith shall become the owner of the new property, but must pay the value of the raw materials to the owner and compensate it for any damage.
– Where a person processes raw materials not in good faith, the owner of the raw materials has the right to request that the new object be delivered to it. Where the raw materials are owned by more than one person, such persons shall become the owners of the newly formed object in proportion to the value of the raw materials owned by each person. The owners of the raw materials processed not in good faith may request the person carrying out the processing to compensate for any damage.
Ownership rights are established with respect to abandoned objects and objects the owner of which is not able to be identified
– An abandoned object is an object in respect of which the owner has renounced its ownership rights.
A person finding an abandoned object which is moveable property shall have the right to own such property, unless otherwise prescribed by law. If the found object is immoveable property, it shall belong to the State.
– A person finding an object the owner of which is not able to be identified must inform or deliver the object to the people’s committee or police station of the nearest commune in order that a public announcement may be made notifying the owner to reclaim the object.
The delivery of the object must be recorded, specifying the surnames, given names and addresses of the finder and the receiver and the condition, quantity and volume of the property delivered.
The people’s committee or police station of commune which received the object must notify the finder of the results of their inquiries in order to determine the owner.
Where the object, the owner of which is not able to be identified, is moveable property, if the owner of the object is still not able to be identified after one year from the date of the public announcement, such property shall be under the ownership of the finder in accordance with law.
Where the object is immoveable property, if the owner is still not able to be identified after five years from the date of the public announcement, such property shall belong to the State. The finder shall be entitled to enjoy a monetary reward in accordance with law.
Establishment of ownership rights with respect to buried or sunken objects which are found
– A person finding an object which is buried or sunken must notify and return to the owner; if the owner is not able to be identified, he/she must inform or deliver the object to the people’s committee or police station of the nearest commune or a competent authority in accordance with regulations of law.
– Ownership rights with respect to a buried or sunken object which is found, but which has no owner or the owner of which is not able to be identified, shall be determined, after deducting search and maintenance expenses, as follows:
+ A found object which is an historic or cultural relic shall belong to the State as prescribed in Law on cultural heritage and the finder shall be entitled to enjoy a monetary reward in accordance with law.
+ A found object which is not an historic or cultural relic as prescribed in Law on cultural heritage, and which has a value equivalent up to ten-month base salary provided for by the State, shall belong to the finder; if the value of the found object is more than the equivalent of ten-month base salary provided for by the State, the finder shall be entitled to the value of ten-month base salary plus fifty (50) per cent of the remaining value of the object in excess of the ten-month base salary provided for by the State, with the remaining value belonging to the State.
Establishment of ownership rights with respect to objects which other persons have lost or mislaid
– A person finding an object which another person has lost or mislaid and being aware of the address of the person having lost or mislaid the object must inform or return the object to such person. If the finder is not aware of the address of the person having lost or mislaid the object, it must inform or deliver the object to the people’s committee or police station of the nearest commune in order that a public announcement may be made notifying the owner to reclaim the object.
The people’s committee or police station of commune which received the object must notify the finder of the results of their inquiries in order to determine the owner.
– If, after one year from the date of the public announcement of the object having being found, the owner of the object is still not able to be identified or the owner does not claim the object, the ownership rights with respect to such property shall be determined as follows:
+ If the value of lost or mislaid object is up to ten-month base salary provided for by the State, it shall belong to the finder as prescribed in Civil Code and relevant laws; if the value of the found object is more than the equivalent of ten-month base salary provided for by the State, the finder shall be entitled to the value of ten-month base salary, deducted from preservation expenses, and plus fifty (50) per cent of the remaining value of the object in excess of the ten-month base salary provided for by the State, with the remaining value belonging to the State.
+ A lost or mislaid object which is an historic or cultural relic as prescribed in the Law on cultural heritage shall belong to the State. The finder shall be entitled to enjoy a monetary reward in accordance with law.
Establishment of ownership rights with respect to stray domestic livestock
– A person capturing a stray domestic livestock must take care of it and notify the people’s committee of the commune in which such person resides in order that a public announcement may be made notifying the owner to reclaim the stray domestic livestock. After 6 months or after 1 year, with regard to domestic livestock allowed to roam according to customary practice, from the date of the public announcement, the ownership rights with respect to domestic livestock and any offspring born thereof shall belong to the capturer.
– If the owner reclaims the stray domestic livestock, he/she must pay care remuneration and other expenses for the capturer. During the period of feeding and taking care of the stray domestic livestock, the capturer shall be entitled to half of or 50% of value any offspring born. Such person must compensate for any damage if it intentionally causes the death of the stray domestic livestock.
Establishment of ownership rights with respect to stray domestic poultry
– Where the domestic poultry of a person is lost and captured by another person, the person having captured the stray domestic poultry must make a public announcement notifying the owner to reclaim such poultry. If no one reclaims the stray domestic poultry after one month from the date of the public announcement, it shall be under the ownership of the person having captured it.
– An owner reclaiming the stray poultry must remunerate the person having captured it for feeding and taking care of the stray domestic poultry and any other expenses incurred. During the period of feeding and taking care of the stray domestic poultry, the person having captured it shall enjoy the benefits from the stray domestic poultry. Such person must compensate for any damage if it intentionally causes the death of the stray domestic poultry.
Establishment of ownership rights with respect to aquaculture stock
Where the aquaculture stock of a person moves naturally into the field, pond or lake of another person, the stock shall be under the ownership of the person having such field, pond or lake. Where the aquaculture stock has special marks which make it possible to determine that it is not under the ownership of the person having such field, pond or lake, such person must make a public announcement notifying the owner to reclaim the stock. If no one reclaims the stock after one month from the date of the public announcement, it shall be under the ownership of the person having such field, pond or lake.
Please see more:
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- Service of changing the legal representative of Vietnamese enterprises
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Frequently asked questions
An abandoned object is an object in respect of which the owner has renounced its ownership rights.
Where the aquaculture stock of a person moves naturally into the field, pond or lake of another person, the stock shall be under the ownership of the person having such field, pond or lake
Where a person merges the immoveable property of another person with his/her own moveable property, the owner of the immovable property has the right to request such person to demolish the illegally merged property and compensate for any damage, or retain the property and pay the value of the merged property to such person, unless otherwise agreed.
Conclusion: So the above is Regulations on creation of ownership rights under Vietnam Law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
