Processes and procedures for establishing the all-people ownership of dropped or negligently left property in Vietnam

Processes and procedures for establishing the all-people ownership of dropped or negligently left property in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is property?

According to Article 105 of the Civil Code 2015, property comprises objects, money, valuable papers and property rights.

Property includes immovable property and movable property. Immovable property and movable property may be existing property or off-plan property.

2. Processes and procedures for establishing the all-people ownership of dropped or negligently left property in Vietnam

Processes and procedures for establishing the all-people ownership of dropped or negligently left property according to Article 9 of Decree 29/2018/ND-CP are as follows:

- Within duration of 07 working days following completion of procedures for determination of the property owner in accordance with civil laws, entities already receiving information about dropped and negligently left property (commune-level People’s Committees or local Police authorities) shall be responsible for preparing 01 set of documents for submission to the Divisions of Finance and Planning if such property is under the State ownership.

Documents submitted to the Divisions of Finance and Planning shall include:

= Report on the process of determination of the owner from the date of discovery; collection of bases for determining the property is under the State ownership: 01 original copy.

= Table of type, quantity, weight, value and current status of such property: 01 original copy.

= Report on handing in property by the person picking up the property or the person finding the dropped or negligently left property: 01 duplicate copy.

= Documents related to disposal of property (if any): 01 duplicate copy.

- As for dropped or negligently left property under the authority to decide establishment of the all-people ownership of property granted to the Chairperson of the district-level People’s Committee as provided in clause 7 of Article 7 herein, within duration of 07 working days of receipt of all required documents specified in clause 1 of Article 9 of Decree 29/2018/ND-CP:

the Division of Finance and Planning shall be responsible for preparing a statement, enclosing documents specified in clause 1 of Article 9 of Decree 29/2018/ND-CP for submission to the Chairperson of the district-level People’s Committee to seek his decision on establishment of the all-people ownership of such property.

- As for dropped or negligently left property under the authority to decide establishment of the all-people ownership of property granted to the Chairperson of the provincial-level People’s Committee as provided in point a of clause 6 of Article 7 herein, within duration of 07 working days of receipt of all required documents specified in clause 1 of Article 9 of Decree 29/2018/ND-CP:

The Division of Finance and Planning shall be responsible for preparing a statement, enclosing documents specified in clause 1 of Article 9 of Decree 29/2018/ND-CP for submission to the Chairperson of the district-level People’s Committee sending it to the Department of Finance to represent it to the Chairperson of the provincial-level People's Committee or the competent person accorded authority to make decisions on establishment of the all-people ownership of such property by the provincial-level People's Council.

Within duration of 07 working days of receipt of all required documents from the district-level People’s Committee, the Department of Finance shall be responsible for seeking the approval decision from the Chairperson of the provincial-level People’s Council or the competent person accorded authority to decide establishment of the all-people ownership of property by the provincial-level People’s Council.

- Within duration of 07 working days of receipt of all required documents stipulated in clause 2 and clause 3 in Article 9 of Decree 29/2018/ND-CP:

The Chairperson of the district-level People’s Committee or the Chairperson of the provincial-level People’s Committee or the competent person accorded authority to issue decisions on establishment of the all-people ownership of property by the provincial-level People’s Council shall be responsible for issuing the decision on establishment of the all-people ownership of property by using the Form No. 01-QDXL given in an Appendix attached to  Decree 29/2018/ND-CP.

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