Phần thứ hai Bộ luật Dân sự 2005: Tài sản và quyền sở hữu

PART TWO

PROPERTY AND OWNERSHIP RIGHTS

Chapter X

GENERAL PROVISIONS

Article 163.- Property

Property comprises tangible things, money, valuable papers and property rights.

Article 164.- Ownership rights

Ownership rights comprise an owner’s rights to possession, to use and to disposition of his/her property in accordance with the provisions of law.

Owners are individuals, legal persons or other subjects, having all three rights which are the right to possession, the right to use and the right to disposition of their property.

Article 165.- The principle for exercising ownership rights

Owners may perform all acts on their own will with respect to their property without causing damage to or affecting State interests, public interests or legitimate rights and interests of other persons.

Article 166.- Bearing of risks with respect to property

Owners must bear risks when their property is destroyed or damaged due to force majeure events, unless otherwise agreed upon or otherwise provided for by law.

Article 167.- Registration of property ownership rights

Ownership rights to immoveables shall be registered in accordance with the provisions of this Code and the law on registration of immoveables. Ownership rights to moveables must not be registered, unless otherwise provided for by law.

Article 168.- Time of transferring property ownership rights

1. The transfer of ownership rights to immoveables shall take effect from the time of registering the ownership rights, unless otherwise provided for by law.

2. The transfer of ownership rights to moveables shall take effect from the time the moveables are transferred, unless otherwise provided for by law.

Article 169.- Protection of ownership rights

1. Ownership rights of individuals, legal persons or other subjects shall be recognized and protected by law.

2. No one may be illegally restricted in or deprived of his/her ownership rights to his/her property.

Owners shall have the right to protect their ownership rights by themselves, to prevent any person from infringing upon their ownership rights, to search for and reclaim the property which has been possessed, used or disposed of by other persons without legal bases.

3. In case of extreme necessity for reasons of national defense, security or national interests, the State shall effect a compulsory purchase or requisition with compensation of the property of individuals, legal persons or other subjects in accordance with the provisions of law.

Article 170.- Bases for establishing ownership rights

Ownership rights to property shall be established in the following cases:

1. Through labor or lawful production and business activities;

2. Ownership rights are transferred under an agreement or a decision of a competent state agency;

3. Yields and profits gained;

4. A new thing created from merger, mixture or processing;

5. Inheritance of property;

6. Possession under the conditions specified by law of ownerless things, things which have been let drop on the ground or have been left over out of inadvertence or buried, stray domestic animals or poultry, or raised aquatic animals which naturally move in;

7. Possession of a property without a legal basis but in good faith, continuously and openly in accordance with the statute of limitations specified in Clause 1, Article 247 of this Code;

8. Other cases specified by law.

Article 171.- Bases for termination of ownership rights

Ownership rights shall terminate in the following cases:

1. The owner transfers his/her ownership rights to another person;

2. The owner renounces his/her ownership rights;

3. The property is destroyed;

4. The property is disposed of for the discharge of the owner's obligations;

5. The property is compulsorily purchased;

6. The property is confiscated;

7. Where other persons have established their ownership rights under the conditions specified by law of things which have been let drop on the ground or have been left over out of inadvertence; stray domestic animals or poultry or raised aquatic animals which naturally move in; the property over which other persons have established their ownership rights in accordance with the provisions of Clause 1, Article 247 of this Code;

8. Other cases specified by law.

Article 172.- Forms of ownership

On the basis of the regime of ownership by the entire people, collective ownership and private ownership, the forms of ownership shall include state ownership, collective ownership, private ownership, common ownership, ownership by political organizations or socio-political organizations, and ownership by socio-political-professional organizations, social organizations or socio-professional organizations.

Article 173.- Rights of non-owners of property

1. Non-owners of property shall only have the right to possess, use and dispose of the property which is not under their ownership when it is so agreed upon by the owners of such property or provided for by law.

2. The rights of non-owners of property shall include:

a/ Land use rights;

b/ The right to the restricted use of adjacent real estates;

c/ Other rights as agreed upon or provided for by law.

3. The transfer of property ownership rights by owners to other persons does not constitute a basis for termination of the property non-owners' rights specified in Clause 2 of this Article.

4. The property non-owners' rights shall be protected under the provisions of Article 261 of this Code.

5. The property non-owners' rights which must be registered shall include land use rights, the right to restricted use of adjacent real estates under agreement and other rights specified by law.

Chapter XI

TYPES OF PROPERTY

Article 174.- Immovables and movables

1. Immovables shall include:

a/ Land;

b/ Houses and constructions annexed to the land, including properties attached to such houses and constructions;

c/ Other properties annexed to the land;

d/ Other properties specified by law.

2. Movables are properties other than immovables.

Article 175.- Yields and profits

1. Yields are natural products which property generates.

2. Profits are incomes derived from the exploitation of property.

Article 176.- Primary objects and auxiliary objects

1. A primary object is an independent object of which the utility can be exploited according to its functions.

2. An auxiliary object is an object, which directly serves the exploitation of the utility of a primary object, is a part of the primary object but can be separated from the primary object.

When performing an obligation to transfer a primary object, the auxiliary object must also be transfered, unless otherwise agreed upon.

Article 177.- Divisible objects and indivisible objects

1. A divisible object is an object which still retains its original properties and functions when it is divided.

2. An indivisible object is an object which cannot retain its original properties and functions when it is divided.

When an indivisible object needs to be divided, such object must be valued in money for the division.

Article 178.- Expendable objects and non-expendable objects

1. An expendable object is an object which, after having been used once, loses or no longer retains its original properties, shape and functions.

An expendable object cannot be the object of a lease contract or a lending contract.

2. A non-expendable object is an object which still essentially retains its original properties, shape and functions after it has been used many times.

Article 179.- Fungible objects and distinctive objects

1. Fungible objects are objects which have the same shape, properties and functions and which can be determined by units of measurement.

Fungible objects of the same quality may be interchangeable.

2. A distinctive object is an object which is distinguishable from other objects by its own characteristics regarding symbol, shape, color, material, properties or position.

When performing an obligation to transfer a distinctive object, none other than such object must be transferred.

Article 180.- Integrative objects

An integrative object is an object comprising components or parts which fit together and are connected with each other to form a complete whole in which if any component or part is missing, or if the components or parts are not of the right specifications or the same category, it cannot be used or its utility value will be decreased.

When performing the obligation of transfering an integrative object, all the components or parts of the object must be transferred, unless otherwise agreed upon.

Article 181.- Property rights

A property right is a right which can be valued in money and may be transferred in civil transactions, including intellectual property rights.

Chapter XII

CONTENTS OF OWNERSHIP RIGHTS

Section 1. THE RIGHT TO POSSESSION

Article 182.- The right to possession

The right to possession is the right to keep and manage the property.

Article 183.- Possession with a legal basis

Possession with a legal basis is the possession of a property in the following cases:

1. The owner possesses the property;

2. A person is authorized by the owner to manage the property;

3. A person to whom the right to possession has been transferred through a civil transaction in accordance with the provisions of law;

4. A person who discovers and keeps derelict property, property with unidentified owners, property which has been let drop on the ground, left over out of inadvertence, buried or sunken in accordance with the conditions specified by law;

5. A person who discovers and keeps stray domestic animals, poultry or raised aquatic animals in accordance with the conditions specified by law;

6. Other cases specified by law.

Article 184.- Owner's right to possession

In cases where an owner possesses property under his/her ownership, he/she may conduct all acts on his/her own will to keep and manage the property, provided that such acts are not contrary to law or social ethics.

An owner's possession shall not be restricted or interrupted in terms of time, except in cases where he/she transfers the possession to another person or otherwise provided for by law.

Article 185.- The right to posse-ssion of a person who is authorized by the owner to manage the property

1. When an owner authorizes another person to manage his/her property, the authorized person shall exercise the right to possession of such property within the scope and in accordance with the method and time limit specified by the owner.

2. The person authorized to manage a property cannot become owner of the transferred property by virtue of the statute of limitations specified in Clause 1, Article 247 of this Code.

Article 186.- The right to posse-ssion of a person to whom a property is handed over through a civil transaction

1. When an owner hands over a property to another person through a civil transaction which does not include the transfer of ownership rights, the person to whom the property is handed over must possess such property according to the purpose and contents of the transaction.

2. The person to whom the property is handed over shall have the right to use such property and to transfer the right to possession and use of the property to another person if the owner so agrees.

3. The person to whom the property is handed over cannot become owner of the transferred property by virtue of the statute of limitations specified in Clause 1, Article 247 of this Code.

Article 187.- The right to possession of property which has been let drop on the ground, left over out of inadvertence, buried or sunken, and property the owners of which are unidentifiable

1. A person who discovers a property which has been let drop on the ground, left over out of inadvertence, buried or sunken must immediately notify or return it to the owner; if the owner is unknown, such person must notify or hand over the property to the People's Committee of the commune, ward or township or the nearest police station or another competent state agency in accordance with the provisions of law.

A person who discovers a property the owner of which cannot be identified, or a property which has been let drop on the ground, left over out of inadvertence, buried or sunken shall be entitled to possess such property from the time of discovery to the time the property is returned to its owner or handed over to a competent state agency.

2. With respect to a property which has been dispersed by another person in order to hide an act of violation of law or to evade the performance of a civil obligation, the person who discovers it must forthwith notify or hand over the property to a competent state agency defined in Clause 1 of this Article.

Article 188.- The right to possession of stray domestic animals, poultry, raised aquatic animals

Persons who discover and keep stray domestic animals, poultry or raised aquatic animals must immediately notify or return them to their owners; if the owners cannot be identified, they are entitled to possess such property from the time of discovery to the time of returning them to their owners.

Article 189.- Possession without legal bases but in good faith

A possession of property which does not comply with the provisions of Article 183 of this Code is a possession without a legal basis.

A person who possesses a property without a legal basis but in good faith means a possessor who does not know or could not have known that the possession of such property is without a legal basis.

Article 190.- Continuous possession

The possession of property which takes place within a period of time without dispute over such property means a continuous possession, even when this property is transferred to another person for possession.

Article 191.- Overt possession

A possession is regarded as overt when it is performed in an explicit manner, without concealment; the property being currently possessed is used in accordance with its functions and utility and is preserved and kept by the possessor as if it were his/her own property.

Section 2. THE RIGHT TO USE

Article 192.- The right to use

The right to use means the right to exploit the utility of, and to enjoy the yields and profits from, the property.

Article 193.- Owner's right to use

In cases where the owner directly exercises the right to use a property under his/her ownership, he/she may exploit the utility of, and enjoy the yields and profits from, the property in accordance with his/her will, but must not cause damage to, or affect State interests, public interests or legitimate rights and interests of other persons.

Article 194.- Non-owner's right to use

1. The right to use a property may be transferred to another person through a contract or in accordance with the provisions of law.

A non-owner of a property shall have the right to use the property in accordance with its functions, utility and mode.

2. A possessor without a legal basis but in good faith may also have the right to exploit the utility of, and enjoy the yields and profits from, the property in accordance with the provisions of law.

Section 3. THE RIGHT TO DISPOSITION

Article 195.- The right to disposition

The right to disposition means the right to transfer property ownership rights or to renounce such ownership rights.

Article 196.- Conditions for disposition

The disposition of property must be performed by persons having the civil act capacity in accordance with the provisions of law.

In cases where the order and procedures for disposition of property are specified by law, such order and procedures must be complied with.

Article 197.- Owner's right to disposition

Owners shall have the right to sell, exchange, donate, lend, bequeath, abandon or dispose of their property in other forms in accordance with the provisions of law.

Article 198.- Non-owner's right to disposition

Property non-owners shall only have the right to dispose of property under owners' authorization or under the provisions of law.

Persons who are authorized by owners to dispose of the latter's property must effect the disposition in accordance with the will and interests of the owners.

Article 199.- Restrictions on the right to disposition

1. The right to disposition shall be restricted only in cases where it is so provided for by law.

2. When the property put up for sale is a historical or cultural relic, the State shall have the pre-emptive right to purchase such property.

In cases where legal persons, individuals or other subjects have the pre-emptive right to purchase with respect to a certain property in accordance with the provisions of law, the owners, when selling the property, must reserve such right for those subjects.

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.

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.

Chapter XV

PROTECTION OF OWNERSHIP RIGHTS

Article 255.- Measures for protection of ownership rights

Lawful owners and possessors shall have the right to request Courts or other competent agencies or organizations to compel the persons infringing upon their ownership rights or possession rights to return the property and terminate the acts of illegally obstructing the exercise of their ownership rights or possession rights, and to request compensation for any damage.

Lawful owners and possessors shall have the right to protect by themselves the property under their ownership or the property currently in their lawful possession by measures provided for by law.

Article 256.- The right to reclaim property

Lawful owners and/or possessors shall have the right to request the persons possessing, using or receiving benefits from the property under their lawful ownership or possession rights without a legal basis to return such property, except for the cases specified in Clause 1, Article 247 of this Code. In cases where the property is in the possession of a bona fide possessor, Articles 257 and 258 of this Code shall apply.

Article 257.- The right to reclaim movable property not subject to ownership right registration from bona fide possessors

Owners may reclaim movable property not subject to ownership right registration from bona fide possessors in cases where such bona fide possessors have acquired such property through unindemifiable contracts with persons who have no right to dispose of the property; in case of indemifiable contracts, the owners may reclaim the movable property if such movable property has been stolen, lost or other cases of possession against the owners' will.

Article 258.- The right to reclaim movable property subject to ownership right registration or immovable property from bona fide possessors

Owners may reclaim their movable property subject to ownership right registration and immovable property, except for cases where the third party possessing the property in good faith has received such property through auctions or transactions with the persons who, under judgments of courts or decisions of competent state agencies, were owners of the property but later are not owners as such judgments or decisions have been cancelled or modified.

Article 259.- The right to request the prevention or termination of acts of illegally obstructing the exercise of lawful ownership rights and possession rights

When exercising their ownership rights or possession rights, lawful owners or possessors shall have the right to request persons committing acts of illegally obstructing the exercise of their lawful ownership rights or possession rights to terminate such acts; if the offenders do not willingly terminate such acts, the owners or possessors shall have the right to request the Court or other competent agencies or organizations to compel such persons to terminate their violation acts.

Article 260.- The right to request compensation for damage

Lawful owners or possessors shall have the right to request persons infringing upon their ownership rights or possession rights to compensate for any damage.

Article 261.- Protection of rights of possessors who are not owners

The rights defined in Articles from 255 thru 260 of this Code shall also belong to the persons who, though being not owners, possess the property on the basis of land use rights, the right to restricted use of adjacent immovable property or on other bases provided for by law or agreed upon.

Chapter XVI

OTHER PROVISIONS ON OWNERSHIP RIGHTS

Article 262.- Obligations of owners in emergency circumstances

1. An emergency circumstance is a circumstance where in order to avert a danger actually and directly threatening the interests of the State or of a collective, or the legitimate rights or interests of their own or of other persons, a person has no alternative but to take an act which would cause lesser damage than the damage to be prevented.

2. In an emergency circumstance, the owner of a property must not hinder another person from using his/her own property or hinder another person from causing damage to such property in order to prevent or abate the greater danger or damage that threatens to happen.

3. The causing of damage in an emergency circumstance is not the act of infringing upon ownership rights. The owners shall be compensated for damage in accordance with the provisions of Clause 3, Article 614 of this Code.

Article 263.- Obligations of owners in the protection of the environment

When using, preserving and renouncing his/her property, an owner must comply with the provisions of law on environmental protection; if he/she causes environmental pollution, the owner shall have to terminate the acts which cause the pollution, to take measures to remedy the consequences and to compensate for damage.

Article 264.- Obligations of owners to respect and ensure social order and safety

When exercising his/her rights to possession, use or disposition of his/her own property, an owner must respect and ensure social order and safety and must not abuse his/her ownership rights to cause social disorder or unsafety, causing damage to the State interests, public interests or legitimate rights and interests of other persons.

Article 265.- The obligation to respect the boundaries between immovable properties

1. The boundaries between adjoining immovable properties shall be determined under the agreement between the owners or the decisions of competent state agencies.

The boundaries may also be determined in accordance with practices or the boundaries which have existed for thirty years or more without disputes.

2. A person with land use rights may use the air space and underground area perpendicular to the boundaries of the land area in accordance with the construction planning specified by a competent state agency, and without affecting the use of the adjoining land of other persons.

A land user may plant trees and conduct other activities only within the land area under his/her own use rights and within the boundaries which have been determined; if tree roots and/or branches extend beyond the boundaries, he/she must clip the extending roots and/or prune the extending branches, unless otherwise agreed upon.

3. In cases where the boundary is a canal, irrigation ditch, trench, gutter or the boundary of a rice field, the land user shall have the obligation to respect and maintain the common boundary; he/she must not encroach upon the boundary or change the boundary markers.

Article 266.- Ownership rights to boundary markers separating immovable properties

1. Owners of adjoining immovable properties may put up boundary stakes, fences or partition walls only on the portion of land under their land use rights. Persons using adjoining lands may mutually agree on the putting up of boundary stakes, fences or partition walls and planting of trees on the boundary as boundary markers between the immovable properties; these boundary markers shall be under their common ownership.

In cases where a boundary marker is put up on the boundary by only one party and with the consent of the owner of the adjoining immovable property, such boundary marker shall be under common ownership and the construction expenses shall be borne by the party who puts up the marker, unless otherwise agreed upon; if the owner of the adjoining immovable property does not give his/her consent for justifiable reasons, the owner who has put up the boundary stake, fence or partition wall must remove it.

With respect to trees as common boundary markers, the parties shall all have the obligation to protect them; the yields from the trees shall be shared equally, unless otherwise agreed upon.

2. With respect to common house walls as boundary markers, the owner of the adjoining immovable property shall not install a window or air ventilating hole or drill the wall in order to install building structures, except where it is so consented by the owner of the adjoining immovable property.

In cases where houses are separately built but have adjoining walls, an owner may drill and install building structures only up to his/her boundary wall.

Article 267.- The obligation to respect building codes

1. When constructing a project, the project owner must comply with the law on construction, ensure safety, must not build beyond the height and distance specified by the law on construction and must not infringe upon legitimate rights and interests of owners of adjoining and surrounding immovable properties.

2. When there is a danger of an incident occurring to the construction project, which would affect the adjoining and surrounding immovable properties, the project owner must immediately stop the construction and make repairs or dismantle the construction at the request of owners of adjoining and surrounding immovable properties or at the request of a competent state agency; if damage is caused, compensation must be made.

3. When building a sanitation project, a toxic chemical storehouse or another project the use of which may cause environmental pollution, the owner must build it at a reasonable site and distance from the boundaries, and must ensure sanitation and safety and not affect owners of adjoining and surrounding immovable properties.

Article 268.- The obligation to ensure safety for adjoining construction projects

When drilling wells, digging ponds or constructing other subterranean projects, project owners must dig or build them at distances from the boundaries as specified by the law on construction.

In cases where the projects are in danger of threatening the safety of adjoining and surrounding immovable properties, the project owners must immediately take remedial measures; if damage is caused to owners of adjoining and surrounding properties, compensation must be made.

Article 269.- Obligations of owners in draining rainwater

House owners must install water drainage conduits so that rainwater from their house roofs will not run down onto the immovable properties of owners of adjoining immovable properties.

Article 270.- Obligations of owners in draining waste water

House owners must install under-ground drains or water drainage sewers to discharge waste water to the prescribed location, so that the waste water will not spill onto the immovable property of owners of adjoining immovable property or onto public roads or public places, thus causing environmental pollution.

Article 271.- Restrictions on the right to install doors/windows

1. House owners shall only install doors and/or windows swinging over to adjacent houses or opposite houses and common paths in accordance with the provisions of law on construction.

2. The awnings above doors or windows swinging into common paths must be at least 2.5m above the ground.

Article 272.- The right to request the repair or removal of adjoining immovable property

In cases where a tree or a construction project is in danger of collapsing onto an adjoining immovable property or a public facility, the owner must cut down the tree, repair or demolish such construction project.

The owner of an adjoining immovable property shall have the right to request the owner of the tree or the construction project, which is in danger of collapsing, to cut down the tree, or demolish the construction project; if the latter does not cut down the tree or demolish the construction project, the owner of an adjoining immovable property shall have the right to request a competent state agency to permit the cutting down of the tree, or demolition of the construction project. The expenses for cutting down the tree or demolishing the construction project shall be borne by the owner of the tree or the construction project.

Article 273.- The right to an easement over adjoining immovable property

A house owner or a land user shall have the right to use in a reasonable manner an adjoining immovable property under the ownership of another person for his/her own needs for passageway, water supply and drainage, gas supply, electricity transmission wires, communication lines and other necessary needs, but must compen-sate, unless otherwise agreed upon.

Article 274.- Establishment of the right to an easement over adjoining immovable property

1. The right to an easement over adjoining immovable property shall be established as agreed upon or provided for by law.

2. In cases where the right to an easement over an adjoining immovable property has been established for the house owner or land user, the successive house or land use right transferee shall also be entitled to such right.

Article 275.- The right regarding the passageway through adjoining immovable property

1. The owner of an immovable property surrounded by immovable properties of other owners from which there are no exits shall have the right to request one of the owners of the adjoining immovable properties to reserve for him/her a convenient and reasonable passageway leading to a public path; the requested person shall have the obligation to meet such request. The person for whom a passageway is reserved must compensate the owner of the adjoining immovable property, unless otherwise agreed upon.

The passageway shall be opened on the adjoining immovable property which is considered most convenient and reasonable, with the specific characteristics of the locations and interests of the surrounded immovable property being taken into account, and with the least damage caused to the immovable property on which the passageway is opened.

2. The position, the extent of length, width and height of the passageway shall be agreed upon by the parties to ensure the convenience for the ingress and egress and to minimize inconvenience to the parties; if there is a dispute over the passageway, the parties shall have the right to request a competent state agency to determine it.

3. In cases where an immovable property is divided into different parts to different owners and/or users, upon such division, a necessary passageway must be reserved for the person(s) in the interior in accordance with the provisions of Clause 2 of this Article, without any compensation.

Article 276.- The right to install electricity transmission wires and communication wires through adjoining immovable property

An owner of an immovable property shall have the right to install electricity transmission wires and communication wires in a reasonable manner through the immovable property of other owners, but must ensure the safety and convenience for such owners; if damage is caused, compensation must be made.

Article 277.- The right regarding the water supply and drainage through adjoining immovable property

In cases where due to the natural position of an immovable property the water supply and drainage pipes must run through another immovable property, the owner of the immovable property through which the water flows must reserve an appropriate channel for the water supply and drainage and must not hinder or prevent the flow of water. The user of the water supply and drainage channel must minimize to the lowest possible extent any damage to the owner of the immovable property through which the water flows when installing water conduits; if damage is caused, compensation must be paid. In cases where the water flowing naturally from a higher position to a lower position causes damage to the owner of the immovable property through which the water flows, the user of the water supply and drainage channel shall not have to compensate for any damage.

Article 278.- The right regarding irrigation and water drainage in cultivation

A person who is entitled to use land for cultivation shall have the right to request persons using the surrounding land to reserve for him/her a channel suitable and convenient for irrigation and water drainage; the requested person shall have the obligation to meet such request; if the user of the water channel causes damage to the neighboring land users, he/she must pay compensation therefore.

Article 279.- Termination of the right to easement over adjoining immovable property

The right to easement over adjoining immovable property shall terminate in the following cases:

1. The adjoining immovable property and the immovable property of an owner currently exercising the right to easement over such immovable property are integrated into one property;

2. The house owner or land user no longer needs an easement over the adjoining immovable property.

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