What is considered possession with a legal basis in Vietnam?

What is considered possession with a legal basis in Vietnam? (Internet image)

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

1. What is possession?

According to Article 179 of the Civil Code 2015, possession means that an entity holds and controls a property directly or indirectly as holder of rights to such property.

Possession includes possession of owners and possession of non-owners.

The possession of non-owners may not be the basis for establishment of ownership, except for the cases prescribed in Articles 228, 229, 230, 231, 232, 233 and 236 of the Civil Code 2015.

2. What is considered possession with a legal basis in Vietnam?

- Possession with a legal basis is the possession of a property in any of the following cases:

+ The owner possesses the property;

+ A person is authorized by the owner to manage the property;

+ A person to whom the right to possession has been transferred through a civil transaction in accordance with the provisions of law;

+ A person who discovers and keeps derelict property, property with unidentified owners, property which has been let drop on the ground, left over out of inadvertence, buried or sunken in accordance with the Civil Code 2015 and/or relevant laws.

+ A person who discovers and keeps stray domestic animals, poultry or raised aquatic animals in accordance with this Code and/or relevant laws;

+ Other cases as prescribed by law.

- A possession of property which does not comply with the provisions of Clause 1 of Article 165 of the Civil Code 2015 is a possession without a legal basis.

(Article 165 of the Civil Code 2015)

3. What are the regulations on rights to possess in Vietnam?

Rights to possess are defined as follows:

3.1 Right to possess of owners

Where an owner possesses its own property, such owner may do all things to keep and manage the property in accordance with his or her wishes provided that it is not contrary to law or social morals to do so.

3.2 Right to possess of persons managing property under authorization of owner

- When an owner authorizes another person to manage his or her property, the authorized person shall exercise the right to possess such property within the scope, in the manner and for the duration determined by the owner.

- A person authorized to manage property is not able to become the owner of the property delivered as prescribed in Article 236 of this Code.

3.3 Right to possess of persons to which property is delivered through civil transactions

- Where an owner delivers property to another person through a civil transaction which does not include the transfer of ownership rights, the person to whom the property is delivered must undertake the possession of such property in a manner consistent with the purpose and content of the transaction.

- The person to which the property is delivered has the right to use such property and is entitled to transfer the right to possess and use the property to another person if the owner so agrees.

- The person to whom the property is delivered is not able to become the owner of that property as prescribed in Article 236 of this Code.

(Articles 186, 187, 188 of the Civil Code 2015)

4. Presuming status and rights of possessors in Vietnam

According to Article 184 of the Civil Code 2015, presuming status and rights of possessors are stipulates as follows:

- Each possessor shall be presumed in good faith. If a person believes that such possessor is not in good faith, he/she must prove it.

- If there is a dispute over the rights to a property, the possessor of such property shall be presumed to have those rights. The disputing person must prove that the possessor have no right.

- A person possessing in good faith, continuously and overtly shall be eligible for prescriptive periods for enjoying the rights and enjoy the yield and income derived from the property as prescribed in the Civil Code 2015 and relevant laws.

Nguyen Ngoc Que Anh

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