Chapter XIV
ESTABLISHMENT AND TERMINATION OF OWNERSHIP RIGHTS
Section 1. ESTABLISHMENT OF OWNERSHIP RIGHTS
Article 233.- Establishment of ownership rights to property acquired from labor, lawful business and/or production activities
Workers or persons who conduct lawful production and/or business activities shall have the rights of ownership over property acquired from their labor or lawful production and/or business activities as from the time such property is acquired.
Article 234.- Establishment of ownership rights by an agreement
A person to whom a property has been transferred through a contract for purchase and sale, donation, exchange or lending shall have the right to own such property as from the time of transferring the property, unless otherwise agreed upon by the parties or provided for by law.
Article 235.- Establishment of ownership rights to yields and profits
Property owners and/or users shall have the rights of ownership over the yields and profits as from the time such yields and profits are obtained, as agreed upon or provided for by law.
Article 236.- Establishment of ownership rights in case of merger
1. In cases where the property of different owners is merged together to form an indivisible object which is impossible to determine whether the merged property is primary or auxiliary object, the newly formed object shall be the property under common ownership of such owners; if the merged property is primary object and auxiliary object, the newly formed object shall belong to the owner of the primary object from the time the new object is formed; the owner of the new property must pay to the owner of the auxiliary object for the value of the such auxiliary object, unless otherwise agreed upon.
2. When a person merges the movable property of another person to his/her own movable property even though he/she knew or should have known that such property is not his/her own, and also does not have the consent of the owner of the property being merged, then the owner of the property being merged shall have one of the following rights:
a/ To request the person who merges the property to hand over to him/her the new property, and pay to that person the value of that person's property;
b/ To request the person who merges the property to pay the value of the portion of his/her own property and to compensate for any damage, if he/she refuses to take the new property.
3. When a person merges the movable property of another person into his/her own immoveable property even though he/she knew or should have known that such property is not his/her own and also does not have the consent of the owner of the property being merged, the owner of the property being merged shall have the right to request the person who merges the property to pay the value of the portion of his/her own property and compensate for damage.
Article 237.- Establishment of ownership rights in case of mixture
1. In cases where the property of various owners are mixed together to form a new indivisible object, the new object shall be the property under common ownership of such owners as from the time of mixture.
2. When a person mixes the property of another person into his/her own property even though he/she knew or should have known that such property is not his/her own, and does not have the consent of the owner of the property which has been mixed, then the owner of the property which has been mixed shall have one of the following rights:
a/ To request the person who has mixed the property to hand over to him/her the new property and to pay to the person who has mixed the property the value of that person's property;
b/ To request the person who has mixed the property to pay the value of the portion of his/her own property and to compensate for any damage, if he/she refuses to take the new property.
Article 238.- Establishment of ownership rights in case of processing
1. An owner of materials and/or raw materials, which are processed to create a new object, is also the owner of the newly created object.
2. A bona fide user of materials and/or raw materials owned by another person for processing shall become owner of the new property, but must pay the value of materials and/or raw materials and compensate for any damage to the owner of such materials and/or raw materials.
3. In cases where the processor does not act in good faith, the owner of materials and/or raw materials shall have the right to request the hand-over of the new object; if there are many owners of materials and/or raw materials, they shall be the co-owners of the newly created object by shares, corresponding to the value of the materials and/or raw materials of each person. The owners of materials and/or raw materials which have been processed not in good faith shall have the right to request the processor to compensate for any damage.
Article 239.- Establishment of ownership rights to derelict objects and objects whose owners are unidentifiable
1. A derelict object is an object the owner of which has renounced his/her ownership rights to it.
The person who has discovered a derelict object which is a movable property shall have the right to own such property in accordance with the provisions of law; if the discovered object is an immovable property, it shall belong to the State.
2. A person who has discovered an object the owner of which is unidentifiable must notify or submit it to the People's Committee of the commune, ward or township, or the nearest police station for public announcement so that the owner may be aware of such and reclaim it.
The submission of the object must be recorded in an official report, which shall clearly state the full names and addresses of the submitter and the receiver, and the conditions, quantity and volume of the property submitted.
The People's Committee or the police station, which received the object must notify the discoverer of the results of the effort to identify its owner.
In cases where the object the owner of which is unidentifiable is a movable property and its owner remains unidentifiable after one year from date of public announcement, such movable property shall belong to the discoverer as provided for by law; if the object is an immovable property and its owner remains unidentifiable even after five years from the date of public announcement, such immovable property shall belong to the State; the discoverer shall be entitled to enjoy a monetary reward as provided for by law.
Article 240.- Establishment of ownership rights to buried or sunken objects which are found
Ownership rights to a discovered, buried or sunken object without an owner or with its owner being unidentifiable, after deducting expenses for search and preservation, shall be determined as follows:
1. The found object, which is a historical or cultural relic, shall belong to the State; the person who found such object shall be entitled to a monetary reward as provided for by law.
2. The found object, which is not a historical or cultural relic but has the value of up to ten months' minimum salary set by the State, shall come under ownership of the discoverer; if the found object is valued higher than ten months' minimum salary set by the State, the discoverer shall be entitled to a value equal to ten months' minimum salary set by the State and 50% of the value of the portion in excess of ten months' minimum salary set by the State, and the remainder shall belong to the State.
Article 241.- Establishment of ownership rights to objects which have been let drop on the ground or left over out of inadvertence by other persons
1. A person who finds an object which another person has let drop on the ground or left over out of inadvertence and knows the latter's address must notify or return the object to such person; if he/she does not know the address of the latter, he/she must notify or submit such object to the People's Committee of the commune, ward or township or the nearest police station in order to make a public announcement for the owner to be aware thereof and reclaim it.
The local People's Committee or the police station, which has received the object, must notify the person who has submitted it of the results of identification of the owner.
2. If after one year from the date of public announcement of the found object, it is not possible to identify the owner or the owner does not come to reclaim the object, such object shall belong to the finder, if the object has the value of up to ten months' minimum salary set by the State; if the object's value is greater than ten months' minimum salary set by the State, after deducting the expenses for preserva-tion, the finder shall be entitled to a value equal to ten months' minimum salary set by the State and 50% of the value of the portion in excess of ten months' minimum salary set by the State, and the remaining value shall belong to the State.
3. If the object which has been let drop on the ground or left over out of inadvertence is a historical or cultural relic and its owner is unidentifiable or no one comes to reclaim the object, the object shall belong to the State; the finder of the object shall be entitled to a monetary reward as provided for by law.
Article 242.- Establishment of ownership rights to stray domestic animals
A person who captures a stray domestic animal must care for it and notify the People's Committee of the commune, ward or township where he/she resides in order to make a public announcement for the owner to be aware thereof and reclaim the animal. The owner who reclaims the stray domestic animal must pay a remuneration for the care for the animal and other expenses to the person who captured it.
If after six months from the date of public announcement no one comes to reclaim it, the animal shall belong to the person who captured it; if the captured animal is a free-ranging animal according to practices, this time limit shall be one year.
During the period of caring for the stray domestic animal, the person who captured it shall be entitled to half of the number of offsprings born, if any, and must compensate for any damage if he/she is at fault in intentionally causing the death of the stray animal.
Article 243.- Establishment of ownership rights to stray poultry
In cases where a person's poultry has strayed and is captured by another person, the person who captured the poultry must make a public announcement for the owner to be aware thereof and reclaim it. The owner who reclaims the stray poultry must pay a remuneration for the care therefore and other expenses to the person who captured the poultry.
If after one month from the date of public announcement no one comes to reclaim the stray poultry, it shall belong to the person who captured it.
During the period of caring for the stray poultry, the person who captured it shall be entitled to the yields generated from the stray poultry and must compensate for any damage if he/she is at fault in intentionally causing the death of the poultry.
Article 244.- Establishment of ownership rights to raised aquatic animals
When a person's raised aquatic animal moves naturally into the field, pond or lake of another person, it shall belong to the person having such field, pond or lake. Where an aquatic animal has specific marks which make it possible to determine that it does not belong to him/her, the person having such field, pond or lake must make a public announcement for the owner to be aware thereof and reclaim it. If after one month from the date of public announcement no one comes to reclaim the raised aquatic animal, it shall belong to the person having such field, pond or lake.
Article 245.- Establishment of ownership rights from inheritance
Heirs shall have the rights of ownership over the inherited property as provided for in Part Four of this Code.
Article 246.- Establishment of ownership rights in accordance with judgments or decisions of Courts or decisions of other competent state agencies
Ownership rights may be established based on judgments or decisions of Courts or decisions of other competent state agencies.
Article 247.- Establishment of ownership rights by virtue of a statute of limitations
1. A person who possesses or a person who enjoys benefits from a property without a legal basis but in good faith and in an overt and continuous manner for a period of ten years with respect to a movable property or thirty years with respect to an immovable property, shall become owner of such property from the time of commencement of possession, except for the cases specified in Clause 2 of this Article.
2. A person who possesses a property under state ownership without a legal basis shall not become owner of such property, even if it is in good faith, continuous and overt possession regardless of the duration of possession.
Section 2. TERMINATION OF OWNERSHIP RIGHTS
Article 248.- Transfer by owners of ownership rights to other persons
When an owner transfers his/her ownership rights to another person through a purchase and sale, exchange, donation or loan contract or through bequeathal, the former's rights of ownership over the property shall terminate as from the time the ownership rights of the transferee arise.
Article 249.- Renunciation of ownership rights
An owner may him/herself terminate ownership rights to his/her property by a public declaration or certain acts indicating his/her renunciation of the rights to possession, use and disposition of such property.
The renunciation of ownership rights to property must comply with the provisions of law if such renunciation may cause harm to social order and safety or environmental pollution.
Article 250.- Property to which another person has established ownership rights
When another person has established ownership rights to an object which has been let drop on the ground or left over out of inadvertence, a stray domestic animal or poultry, or a naturally moving raised aquatic animal in accordance with the provisions of Articles from 241 to 244 of this Code, the ownership rights of the person who previously owned such property shall terminate.
When the ownership rights of a possessor have been established according to the provisions of Clause 1, Article 247 of this Code, the ownership rights of the person whose property is being possessed shall terminate.
Article 251.- Disposal of property to fulfill the obligations of owners
1. The rights of ownership over a property shall terminate when such property is disposed of to fulfill its owner's obligations by a decision of the Court or another competent state agency, unless otherwise provided for by law.
2. The disposal of property to fulfill its owner's obligations shall not be applicable to property not subject to distrainment as provided for by law.
3. The rights of ownership over a property which is disposed of to fulfill its owner's obligations shall terminate at the time the ownership rights of the recipient of such property arise.
4. The disposal of land use rights shall comply with the provisions of land law.
Article 252.- Property which is destroyed
When a property is destroyed, the ownership rights to such property shall terminate.
Article 253.- Property which is compulsorily purchased
When a property is compulsorily purchased under decision of a competent state agency for defense or security reasons and for national interests, the owner's ownership rights to such property shall terminate as from the time the decision of the competent state agency takes legal effect.
Article 254.- Property which is confiscated
When a property of an owner is confiscated and placed in the State fund due to his/her criminal conviction or administrative violation, his/her rights of ownership over such property shall terminate as from the time the judgment or decision of a Court, or the decision of another competent state agency takes legal effect.
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Bộ luật Dân sự 2005 (Bản Word)
