According to the law in Vietnam: Can I establish ownership of a stray dog if I pick it up?

According to the law in Vietnam: Can I establish ownership of a stray dog if I pick it up? If the owner finds it, can I be reimbursed for the costs of raising it? In what cases must the possessor be liable for compensating for damage caused by animals?

My husband and I went to the park near our house to play last weekend. We found a puppy following us around. We asked many people present at the park, but no one claimed the puppy. Because our daughter liked it, we took it home to raise. Can my family establish ownership of the puppy? If the owner is found, is it true that my family will be reimbursed for the cost of raising it? Are there any cases in which the dog causes damage to others and my family compensates for the damage?

Thank you!

According to the law in Vietnam: Can I establish ownership of a stray dog if I pick it up?

Pursuant to Article 221 of the Civil Code in 2015 stipulating basis for establishing ownership rights as follows:

Ownership rights are created with respect to property in any of the following cases:

1. Through labour, lawful production and business activities, or creation of subjects of intellectual property rights;

2. Transfer of ownership rights as agreed or pursuant to a decision of a competent authority;

3. Receipt of yield and/or income;

4. Formation of new objects through merging, mixing or processing;

5. Inheritance of property;

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.

7. Possession and gain from property prescribed in Article 236 of this Code;

8. Other cases as provided by law.

Pursuant to Clause 1 Article 231 of the Civil Code in 2015 stipulating establishment of ownership rights with respect to stray domestic livestock as follows:

A person capturing a stray domestic livestock must take care of it and notify the people's committee of the commune in which such person resides in order that a public announcement may be made notifying the owner to reclaim the stray domestic livestock. After 6 months or after 1 year, with regard to domestic livestock allowed to roam according to customary practice, from the date of the public announcement, the ownership rights with respect to domestic livestock and any offspring born thereof shall belong to the capturer.

According to the situation you encountered, your family is allowed to keep the puppy and immediately report to the People's Committee of the commune where you reside to publicly announce the owner to know and take it back. After 6 months from the date of public announcement, you have the right to own the stray dog that your family picked up.

According to the law in Vietnam: Can I establish ownership of a stray dog if I pick it up? - Source: Internet

According to the law in Vietnam: If the owner finds it, can I be reimbursed for the costs of raising it?

Pursuant to Clause 2 Article 231 of the Civil Code in 2015 stipulating establishment of ownership rights with respect to stray domestic livestock as follows:

If the owner reclaims the stray domestic livestock, he/she must pay care remuneration and other expenses for the capturer. During the period of feeding and taking care of the stray domestic livestock, the capturer shall be entitled to half of or 50% of value any offspring born. Such person must compensate for any damage if it intentionally causes the death of the stray domestic livestock.

Therefore, if the owner of the lost dog is found, he or she must pay the costs of raising and other costs to your family.

In what cases must the possessor be liable for compensating for damage caused by animals?

Pursuant to Article 603 of the Civil Code in 2015 stipulating compensation for damage caused by livestock as follows:

1. An owner of livestock must compensate for damage caused to another person by such livestock. The possessor or user of livestock must compensate during the period of possession or using, unless otherwise agreed.

2. Where a third person is entirely at fault in causing livestock to cause damage to another person, the third person must compensate for the damage. If both the third person and the owner are at fault, both of them must compensate jointly for the damage.

3. Where livestock which is possessed or used unlawfully causes damage, the unlawful possessor or user must compensate for the damage. When the owner, possessor or user of livestock is at fault leading the livestock is possessed or used unlawfully thereby causes damage, they must jointly compensate for damage.

4. Where livestock which is allowed to roam according to customary practice causes damage, its owner must compensate according to customary practice provided that such compensation does not contravene the law or social morals.

Therefore, unless otherwise agreed, your family must compensate for the damage caused by the dog during the period of possession.

Best regards!

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