In Vietnam: Is it permissible to install water drain pipes to run rainwater into neighbors' houses?

In Vietnam: Is it permissible to install water drain pipes to run rainwater into neighbors' houses?

Pursuant to Article 250 of the Civil Code in 2015 stipulating obligation of owners relating to draining of rainwater in Vietnam as follows:

An owner of house or construction works must install water drain pipes in order that the rainwater from its roof does not run onto any adjoining immoveable properties.

As regulations above, an owner of house or construction works must install water drain pipes in order that the rainwater from its roof does not run onto any adjoining immoveable properties.

Therefore, the act of installation of water drain pipes to run rainwater into neighbors' houses is against the law.

In Vietnam: What are administrative fines for installing water drain pipes to run rainwater into neighbors' houses?

Pursuant to Article 15 of the Decree 144/2021/NĐ-CP stipulating violations against regulations on causing damage to property of other organizations or individuals as follows:

1. A fine of from VND 2.000.000 to VND 3.000.000 shall be imposed for any of the following violations:

a) Stealing property, intruding into residential areas, warehouses or other places under the management of another person for the purpose of theft or appropriation of property

b) Blatantly appropriating property;

c) Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract, then uses deception to appropriate it or refuses to repay the loan or return the property when the repayment or return of property is due despite he/she is capable of doing so.

d) Taking a loan, borrowing, leasing property of another person or receiving property of another person under a contract and then fails to repay loan or return property and uses it for illegal purposes which result in the offender's inability to repay the loan or return the property

dd) Negligence that results in damage to property of the State, authorities, organizations and enterprises.

2. A fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for any of the following violations:

a) Destroying or deliberately damaging property of organizations or individuals, except for violations mentioned in Point b Clause 3 Article 21 of this Decree;

b) Using deception or creating circumstances to force another person into giving money or property;

c) Cheating or defrauding in brokerage, instruction or introduction of services of trading of house and land or other property;

d) Buying, selling, concealing, or using property of another person despite knowing that the assets were illegally obtained;

dd) Using, buying, selling, mortgaging, illegally pledging or impounding property of another person;

e) Extorting property without bringing criminal prosecution

As regulations above, a fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for destroying or deliberately damaging property of individuals.

Therefore, your neighbor shall face a fine of from VND 3.000.000 to VND 5.000.000 for installing water drain pipes to run rainwater into neighbors' houses.

In Vietnam: What are regulations on compensation for installing water drain pipes to run rainwater into neighbors' houses?

Pursuant to Article 584 of the Civil Code in 2015 stipulating grounds giving rise to liability to compensate for damage in Vietnam as follows:

1. A person intentionally or unintentionally harming the life, health, honor, dignity, reputation, property, or other legal rights or interests of a person, must compensate for such damage, unless otherwise prescribed in this Code or relevant laws.

2. The person who causes damage shall be discharged from liability for compensation in case where the damage incurs due to force majeure events or at entire fault of the aggrieved person, unless otherwise agreed or otherwise prescribed by law.

3. If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of this Article.

Pursuant to Article 585 of the Civil Code in 2015 stipulating principles of compensation for damage in Vietnam as follows:

1. Actual damage must be compensated in full and promptly. Unless otherwise provided by law, parties may agree on the amount of compensation; on the form of compensation, which may be money, in kind or the performance of an act; lump sum payment or payment in instalments; and on the method of compensation.

2. The compensation payable by a person having caused damage may be reduced if such damage was caused unintentionally and is very large in comparison to the financial positions of such person.

3. If the amount of compensation determined becomes unrealistic, the aggrieved person, or the person having caused damage, has the right to request a court or another competent authority to change the amount of compensation.

4. If the aggrieved party is partly his/her fault for causing the damage, that part of damage shall not be compensated.

5. The party having rights and interests infringed shall not be compensated if such damage incurs due to his/her failure to adopt necessary measures to prevent the damage.

In case the rainwater flowing through the neighbor's house causes damage, the owner must compensate the person whose property and health is damaged due to this act of pouring rain water and comply with the compensation principles. damages prescribed by law.

Therefore, the act of conducting water through the neighbor's house leading to damage will have to pay compensation according to the above principle.

Best regards!