Ownership rights with respect to yield of stray domestic poultry in Vietnam
What are regulations on ownership rights with respect to yield of stray domestic poultry in Vietnam? What are bases for establishing ownership rights with respect to stray domestic poultry in Vietnam?
I lost a hen. The hen got lost in the neighborhood near my place. Accidentally, I recognized it by the symbol on its body. Then, I was able to prove that it was my chicken. During the lost time, my chicken laid about 100 eggs. When I receive the hen, can I get eggs or claim the value of these eggs?
Thank you!
What are regulations on ownership rights with respect to yield of stray domestic poultry in Vietnam?
Pursuant to Clause 7 Article 2 of the Law on Animal Husbandry in 2018 stipulating poultry as follows:
7. “poultry” means any winged animal with 2 legs and feather domesticated and raised by humans.
Pursuant to Clause 2 Article 232 of the Civil Code in 2015 stipulating establishment of ownership rights with respect to stray domestic poultry as follows:
2. An owner reclaiming the stray poultry must remunerate the person having captured it for feeding and taking care of the stray domestic poultry and any other expenses incurred. During the period of feeding and taking care of the stray domestic poultry, the person having captured it shall enjoy the benefits from the stray domestic poultry. Such person must compensate for any damage if it intentionally causes the death of the stray domestic poultry.
Pursuant to Article 109 of the Civil Code in 2015 stipulating yield and income as follows:
1. Yield means natural products brought by property.
2. Income means a profit earned from the development of the property.
As regulations above, during the lost time, the person having captured your hen shall keep the eggs laid by your hen.
What are bases for establishing ownership rights with respect to stray domestic poultry in Vietnam?
Pursuant to Clause 6 Article 221 of the Civil Code in 2015 stipulating basis for establishing ownership rights as follows:
6. Acquisition in accordance with law on objects of which owner is unidentified, buried or sunken objects; lost or mislaid objects, stray poultry or livestock or aquaculture stock.
Pursuant to Clause 1 Article 232 of the Civil Code in 2015 stipulating establishment of ownership rights with respect to stray domestic poultry as follows:
1. Where the domestic poultry of a person is lost and captured by another person, the person having captured the stray domestic poultry must make a public announcement notifying the owner to reclaim such poultry. If no one reclaims the stray domestic poultry after one month from the date of the public announcement, it shall be under the ownership of the person having captured it.
Best regards!
