Property ownership rights under Vietnam's Civil Code

Hi Lawnet. What are the regulations on property ownership rights according to Vietnam's Civil Code? - Ngoc Nhu (Quang Tri, Vietnam)


Property ownership rights under Vietnam's Civil Code

1. What do ownership rights include?

In Article 158 of the Civil Code 2015, ownership rights are as follows:

Ownership rights comprise the rights of an owner to possess, use and dispose of the property of the owner in accordance with law.

2. Rules for establishing and exercising ownership rights and other property-related rights in Vietnam

Pursuant to Article 160 of the Civil Code 2015, rules for establishing and exercising ownership rights and other property-related rights are as follows:

- Ownership rights and other property-related rights shall be established and exercised if they are prescribed in Code and relevant laws.

Other property-related rights shall remain valid although the ownership right have been transferred, otherwise provided by this Code or relevant laws.

- Each owner is entitled to perform all acts on his willpower to the property but it is not contrary to the provisions of the law, damage or adversely affects national interests, ethnicity, public interests, rights and legitimate interests of other people.

- Each holder of other property-related rights is entitled to perform all acts within the scope prescribed in this Code and relevant laws but it is not contrary to the provisions of the law, damage or adversely affects national interests, ethnicity, public interests, rights and legitimate interests of the owner or other people.

3. Time of establishing ownership rights and other property-related rights in Vietnam

Time of establishing ownership rights and other property-related rights specified in Article 161 of the Civil Code 2015 is as follows:

- The time of establishing ownership rights and other property-related rights shall be determined as prescribed in this Code and relevant laws; if there is no relevant regulations of law, the agreement of the parties shall prevail; if there is no either relevant regulations of law or agreement of the parties, the time of establishing ownership rights and other property-related rights shall be the time when the property is transferred.

The time when the property is transferred is the time when the obligee or his/her legal representative possesses the property.

- In case where the property which has been not transferred arise yield or income, such yield or income shall belong to the transferor, unless otherwise agreed.

4. Protection of ownership rights and other property-related rights in Vietnam

Pursuant to Article 163 of the Civil Code 2015, protection of ownership rights and other property-related rights is as follows:

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

- In case of extreme necessity for reasons of national defense, security or national interests, the State shall affect a compulsory purchase or requisition with compensation of the property of organizations or individuals in accordance with the market prices.

5. Measures for protection of ownership rights and other property-related rights in Vietnam

Pursuant to Article 163 of the Civil Code 2015, measures to protect ownership and other property rights are as follows:

- Each owner or holder of other property-related rights is entitled to self-protect and prevent anyone from infringing his/her rights by measures in accordance with regulations of law.

- Each owner or holder of other property-related rights shall have the right to request a court or another competent authority to compel the person infringing upon their rights to return the property and terminate the acts of illegally obstructing the exercise of their ownership rights or other property-related rights, and to request compensation for any damage.

6. The right to request the prevention of acts of illegally obstructing the exercise of ownership rights and other property-related rights in Vietnam

Pursuant to Article 169 of the Civil Code 2015, the right to request the prevention of acts of illegally obstructing the exercise of ownership rights and other property-related rights is as follows:

When exercising their ownership rights or other property-related rights, the owners or holders 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 or request a court or another competent authority to compel such persons to terminate their violations.

Ngoc Nhi

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