Chapter XIII
FORMS OF OWNERSHIP
Section 1. STATE OWNERSHIP
Article 200.- Property under state ownership
Property under state ownership shall include land, natural forests, forests planted with the source of state budget capital, mountains, rivers, lakes, water sources, underground natural resources, resources from the sea, continental shelf and airspace, and the capital and property invested by the State in enterprises and facilities in the branches and fields of economy, culture, social affairs, science, technique, foreign affairs, national defense and security, and other properties specified by law.
Article 201.- Exercise of owner's rights to property under state ownership
1. The Socialist Republic of Vietnam State shall exercise owner's rights to property under state ownership.
2. The Government shall perform the unified management of the property under state ownership and ensure its efficient and thrifty use for the defined purposes.
Article 202.- Management, use and disposition of property under state ownership
The management, use and disposi-tion of property under state ownership shall be performed within the scope and according to the order specified by law.
Article 203.- Exercise of state ownership rights to property invested in state enterprises
1. When a property under state ownership is invested in a state enterprise, the State shall exercise owner's rights over such property in accordance with the provisions of law on enterprises.
2. State enterprises shall be entitled to manage and use capital, land, natural resources and other property invested by the State in accordance with the provisions of law on enterprises
Article 204.- Exercise of state ownership rights to property allocated to state agencies, armed force units
1. When the property under state ownership is assigned to state agencies or armed force units, the State shall exercise the right to inspect and supervise the management and use of such properties.
2. State agencies or armed force units shall have the right to manage and use the State-allocated property for the defined purposes and in accordance with the provisions of law.
Article 205.- Exercise of state ownership rights to property assigned to political organizations, socio-political organizations, socio-political-professional organizations
1. When the property under state ownership is allocated to political organizations, socio-political organizations or socio-political-professional organizations, the State shall exercise the right to inspect and supervise the management and use of such property.
2. Political organizations, socio-political organizations and socio-political-professional organizations shall have the rights to manage and use the State-allocated property for the defined purposes, according to the scope, mode and order provided for by law in accordance with the functions and tasks specified in their respective charters
Article 206.- Rights of enterprises, households, cooperative groups and individuals to use and exploit property under state ownership
In cases where it is so provided for by law and so permitted by competent state agencies, enterprises, households, cooperative groups or individuals may use land, exploit aquatic resources and other natural resources under state ownership and must use, exploit them efficiently and for the defined purposes, and fulfill their obligations towards the State in accordance with the provisions of law.
Article 207.- Property under state ownership which has not been allocated to organizations or individuals for management
The Government shall organize and exercise the protection, investigation and survey on, and work out plans to exploit the property under state ownership which has not been allocated to organizations or individuals for management.
Section 2. COLLECTIVE OWNERSHIP
Article 208.- Collective ownership
Collective ownership means ownership by cooperatives or other stable economic entities in which individuals and/or households jointly contribute capital and labor for production and business cooperation to achieve common goals stated in their charters and on the principles of voluntariness, equality, democracy and joint management and mutual benefit.
Article 209.- Property under collective ownership
Property constituted from the contributions of members, legitimate income from production and business, supports from the State or other sources that accord with the provisions of law shall be property under the ownership of such collectives.
Article 210.- Possession, use and disposition of property under collective ownership
1. The possession, use and disposition of property under collective ownership must comply with law, accord with the charters of the collectives and ensure the stable development of collective ownership.
2. Property under collective ownership may be assigned to members for exploitation of the utility thereof by their labor in production and business activities in order to serve the common need for production expansion and economic development as well as the interests and needs of the members.
3. The members of a collective shall have the pre-emptive right to purchase, lease or package- lease property under collective ownership.
Section 3. PRIVATE OWNERSHIP
Article 211.- Private ownership
Private ownership means ownership of individuals over their lawful property.
Private ownership comprises personal ownership by individuals, ownership by small business owners and private capitalist ownership.
Article 212.- Property under private ownership
1. Legitimate income, savings, residential houses, means of daily life, means of production, capital, yields and profits and other lawful properties of an individual constitute property under private ownership.
Lawful property under private ownership shall not be limited in quantity and value.
2. An individual cannot be the owner of a property which cannot, as provided for by law, come under private ownership.
Article 213.- Possession, use and disposition of property under private ownership
1. Individuals shall have the right to possession, use and disposition of property under their respective ownership to meet the needs of daily life, consumption or production and business and other purposes in accordance with the provisions of law.
2. The possession, use and disposition of property under private ownership must not cause damage to or affect State interests, public interests or legitimate rights and interests of other persons.
Section 4. COMMON OWNERSHIP
Article 214.- Common ownership
Common ownership means ownership of property by more than one owner.
Common ownership comprises common ownership by shares and common ownership by integration.
A property under common ownership is a common property.
Article 215.- Establishment of common ownership right
A common ownership right is established under the agreement of the owners, under the provisions of law or in accordance with practices.
Article 216.- Common ownership by shares
1. Common ownership by shares means common ownership in which each owner's share of the ownership right to the common property is determined.
2. Each of the owners of property under common ownership by shares shall have his/her rights and obligations to such property corresponding to his/her share of the ownership right, unless otherwise agreed upon.
Article 217.- Common ownership by integration
1. Common ownership by integration means common ownership in which each owner's share of the ownership right to the common property is not determined.
Common ownership by integration comprises divisible common ownership by integration and indivisible common ownership by integration.
2. Owners of property under common ownership by integration shall have equal rights and obligations to the property under common ownership.
Article 218.- Mixed common ownership
1. Mixed common ownership means ownership over the property contributed as capital by owners of different economic sectors for production and/or business to gain profits.
2. Property created from the sources of contributed capital of owners, lawful profits from production and/or business activities or from other sources in accordance with the provisions of law is the property under mixed common ownership.
3. The possession, use and disposition of property under mixed common ownership must comply with the provisions of Article 216 of this Code and relevant provisions of law on capital contribution, organization, production and/or business operation, management, administration, property liability and profit division.
Article 219.- Common ownership by husband and wife
1. Common ownership by husband and wife is common ownership by integration.
2. Husband and wife who jointly establish and develop the common property through the efforts of each shall have equal rights in the possession, use and disposition of such property.
3. Husband and wife shall discuss, agree or authorize each other to the possession, use and disposition of the common property.
4. The common property of husband and wife may be divided by their agreement or by a decision of the Court.
Article 220.- Common ownership by a community
1. Common ownership by a community means ownership by a family line, hamlet, village, mountain village, religious community or other population communities over the property estab-lished in accordance with practices and the property jointly contributed and raised by community members or given to the whole community or from other sources in accordance with the provisions of law for meeting the common legitimate interests of the entire community.
2. The members of a community shall jointly manage, use and dispose of the common property for the interests of the community as agreed upon or according to practices, but not in contravention of law and social ethics.
3. The common property of a community is the property under common ownership by integration.
Article 221.- Possession of common property
Owners of property under common ownership shall jointly manage the common property according to the principle of unanimity, unless otherwise agreed upon or provided for by law.
Article 222.- Use of common property
1. Each owner of property under common ownership by shares shall have the right to exploit the utility of, and enjoy the yields and profits from, the common property corresponding to his/her share in the ownership right, unless otherwise agreed upon or provided for by law.
2. Owners of property under common ownership by integration shall have equal rights to exploit the utility of, and enjoy the yields and profits from, the common property, unless otherwise agreed upon.
Article 223.- Disposition of common property
1. Each owner of property under common ownership by shares shall have the right to dispose of his/her own share in the ownership right as agreed upon or provided for by law.
2. The disposition of property under common ownership by integration shall be performed in accordance with the agreement of the co-owners or the provisions of law.
3. In cases where an owner of property under common ownership sells his/her share in the ownership right, the other co-owners shall have the pre-emptive right to purchase such share. If within three months from the date they are notified of the sale and conditions of the sale, for an immovable property or one month for a movable property none of the co-owners wants to buy it, then such owner shall have the right to sell his/her share to other persons.
In cases where the sale of ownership right shares violates the pre-emptive right to purchase, any of the co-owners of the property under common ownership by shares shall, within three months from the date of detecting the violation of the pre-emptive right to purchase, have the right to request the Court to transfer to him/her the rights and obligations of the purchaser; the party at fault in causing damage must pay compensation therefor.
4. In cases where one of the co-owners renounces his/her share in the ownership right or where such person dies without any heir(s), such share of the ownership right shall belong to the State, except for the case of common ownership by community where such share shall come under common ownership of the remaining co-owners.
Article 224.- Division of property under common ownership
1. In case of divisible common ownership, each co-owner shall have the right to request a division of the common property; if the co-owners have agreed not to divide the common property within a certain time limit, then each co-owner shall only have the right to demand a division of the common property after the expiration of that time limit; when the common property cannot be divided in kind, it should be valued in money for division.
2. In cases where a person requests one of the co-owners to discharge his/her payment obligations when the latter has no private property or his/her private property is not enough for payment, the requesting person shall have the right to request a division of the common property so as to receive monetary payment and to participate in the division of the common property, unless otherwise provided for by law.
If the ownership right share in kind cannot be divided or such division is protested against by the remaining co-owners, the requesting person shall have the right to request the obligator to sell his/her ownership right share for the performance of his/her payment obligations
Article 225.- Common ownership in a condominium
1. The areas, equipment and furnishings, which are for common use, in a condominium are under common ownership of all the apartment owners in that condominium and cannot be divided, unless otherwise provided for by law or otherwise agreed upon by all owners.
2. The apartment owners in a condominium shall have equal rights and obligations in the management and use of common areas and equipment.
3. In cases where a condominium is destroyed, the apartment owners in the condominium shall have the right to use the ground area of the condominium in accordance with the provisions of law.
Article 226.- Termination of common ownership
A common ownership shall terminate in the following cases:
1. The common property has been divided;
2. One of the co-owners is entitled to the entire common property;
3. The common property no longer exists;
4. Other cases specified by law.
Section 5. OWNERSHIP BY POLITICAL ORGANIZATIONS, SOCIO-POLITICAL ORGANIZATIONS
Article 227.- Ownership by political organizations, socio-political organizations
Ownership by political organizations or socio-political organizations means ownership by such organizations for the purpose of achieving the common objectives specified in their charters.
Article 228.- Property under ownership by political organizations, socio-political organizations
1. Property constituted from the sources of contributions of members, property donated or presented to the whole organizations and property from other sources in accordance with the provisions of law is the property under ownership by political organizations or socio-political organizations.
Property under state ownership, over which the ownership has been transferred to political organizations or socio-political organizations, shall be the property under ownership by such organizations.
2. Property under state ownership which has been assigned to political organizations or socio-political organizations for management and use shall not come under ownership by such organizations.
Article 229.- Possession, use, disposition of property under ownership by political organizations, socio-political organizations
Political organizations or socio-political organizations shall exercise the rights to possession, use and disposition of property under their respective ownership in accordance with the provisions of law and the operation purposes stipulated in their charters.
Section 6. OWNERSHIP BY SOCIO-POLITICAL-PROFESSIONAL ORGANIZATIONS, SOCIAL ORGANIZATIONS, SOCIO-PROFESSIONAL ORGANIZATIONS
Article 230.- Ownership by socio-political- professional organizations, social organizations, socio-professional organizations
Ownership by socio-political-professional organizations, social organizations or socio-professional organizations means ownership by such organizations for the purpose of achieving the common objectives of members as specified in their respective charters.
Article 231.- Property under ownership by socio-political-professional organizations, social organizations, socio-professional organizations
Property constituted from the sources of contributions by members, property donated or presented to the whole organizations or from other sources in accordance with the provisions of law shall be the property under ownership by such socio-political-professional organizations, social organizations or socio-professional organizations.
Article 232.- Possession, use, disposition of property under ownership by socio-political-professional organizations, social organizations, socio-professional organizations
Socio-political-professional organizations shall exercise their rights to possession, use, disposition of property under their respective ownership in accordance with the provisions of law and the operation purposes specified in their respective charters.
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