How to establish ownership rights on objects of which owner is unidentified, buried or sunken objects in Vietnam?

How to establish ownership rights on objects of which owner is unidentified, buried or sunken objects in Vietnam?

Pursuant to Article 221 of the Civil Code in 2015 stipulating basis for establishing ownership rights in Vietnam 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.

How to establish ownership rights in case of merger in Vietnam?

Pursuant to Article 225 of the Civil Code in 2015 stipulating establishment of ownership rights in case of merger in Vietnam as follows:

1. Where property of more than one owner is merged to form an indivisible object and it is not possible to determine whether the property which is merged is a primary object or an auxiliary object, the newly formed object shall be the multiple ownership property of such owners. If the property which is merged consists of a primary object and an auxiliary object, the newly formed object shall belong to the owner of the primary object from the time when the new object is formed. The owner of the new property must pay the value of the auxiliary object to its owner, unless otherwise agreed.

2. Where a person merges the moveable property of another person with his/her own moveable property, even though he/she knew or should have known that such property was not his/her own and he/she did not have the consent of the owner of the property which was merged, the owner of the property which is merged shall have one of the following rights:

a) Request the person having merged the property to deliver the new property to it and to pay the value of the property;

b) Request the person having merged the property to pay the value of the merged property and to compensate for any damage if the owner of the property which is merged does not wish to take the new property.

c) Other rights as provided by law.

3. Where a person merges the moveable property of another person with his/her own immoveable property, even though he/she knew or should have known that such property was not his/her own and he/she did not have the consent of the owner of the property which was merged, the owner of the property which is merged shall have one of the following rights:

a) Request the person having merged the property to pay the value of the merged property and to compensate for any damage;

b) Other rights as provided by law.

4. Where a person merges the immoveable property of another person with his/her own moveable property, the owner of the immovable property has the right to request such person to demolish the illegally merged property and compensate for any damage, or retain the property and pay the value of the merged property to such person, unless otherwise agreed.

How to establish ownership rights in case of mixing in Vietnam?

Pursuant to Article 226 of the Civil Code in 2015 stipulating establishment of ownership rights in case of mixing in Vietnam as follows:

1. Where the property of more than one owner is mixed to form a new indivisible object, the new object shall be the multiple ownership property of such owners from the moment of mixing.

2. Where a person has mixed the property of another person with its own property, even though it knew or should have known that such property is not its own and it does not have the consent of the owner of the property which has been mixed, the owner of the property which has been mixed may:

a) Request the person having mixed the property to deliver the new property to it and pay such person the value of the property of such person;

b) If the owner of the property which has been mixed does not wish to take the new property, request the person having mixed the property to pay the value of the property of the owner and to compensate for any damage.

Best regards!