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SUBJECT: FUNDAMENTAL OF LAW TOPIC: Legal regulations on property, ownership rights and enforcement in Vietnam I.Definition of ownership right and civil legal relations on ownership: Ownership right is a legal institution that includes the synthesis of legal regulations promulgated by the State in order to regulate social relations arising in the field of possession, use and disposition of social assets and consumption materials , other properties as prescribed by the law. 1. Subjects of ownership: Are those who participate in civil law relations on ownership. For tangible assets : Subjects of ownership are those who have in hand the assets under the provisions of the Civil Code under their ownership established according to the grounds prescribed by the Civil Code. These subjects include : the government, political organizations, sociopolitical organizations, collectives, citizens, social organizations, socioprofessional organizations, economic organizations TN… For intangible assets (intellectual property rights), the owners of property are those who are legitimate such as: working owners (authors, coauthors, agencies, etc.) organizations assigning tasks to authors, individuals or organizations entering into contracts with the author, hisher will or legal heir... means the right to possess, use and dispose of property
MINISTRY OF EDUCATION AND TRAINING NATIONAL ECONOMICS UNIVERSITY ESSAY SUBJECT: FUNDAMENTAL OF LAW TOPIC: Legal regulations on property, ownership rights and enforcement in Vietnam Content I.Definition of ownership right and civil legal relations on ownership: .2 Subjects of ownership: Objects of ownership: II Contents of legal relation : Possession : Use right: Right of disposition: .8 III Forms of ownership: All-people ownership Private property : 10 Common ownership: 11 IV Protection of property rights: .14 Definition: .14 Ownership protection methods: 15 V Excercise 16 Reference source: https://vietanlaw.com/the-law-no-91-2015-qh13/ https://luatminhkhue.vn/tai-san-va-quyen-so-huu-tai-san-theo-quy-dinh-cua-phapluat-viet-nam-hien-hanh.aspx https://www.economica.vn/Content/files/LAW%20%26%20REG/ 91_2015_QH13%20Civil%20Code.pdf I.Definition of ownership right and civil legal relations on ownership: - Ownership right is a legal institution that includes the synthesis of legal regulations promulgated by the State in order to regulate social relations arising in the field of possession, use and disposition of social assets and consumption materials , other properties as prescribed by the law Subjects of ownership: - Are those who participate in civil law relations on ownership - For tangible assets : Subjects of ownership are those who have in hand the assets under the provisions of the Civil Code under their ownership established according to the grounds prescribed by the Civil Code These subjects include : the government, political organizations, socio-political organizations, collectives, citizens, social organizations, socio-professional organizations, economic organizations TN… - For intangible assets (intellectual property rights), the owners of property are those who are legitimate such as: working owners (authors, co-authors, agencies, etc.) organizations assigning tasks to authors, individuals or organizations entering into contracts with the author, his/her will or legal heir means the right to possess, use and dispose of property Objects of ownership: a Definition: - Property is objects, money, valuable papers and rights to property * Property includes: + Objects: including animals and plants, with physical meaning in all forms (solid, liquid, gas) These objects must satisfy human needs and must be in human possession, have value and become the object of communication civil privilege For example: Oxygen is a part of the physical world, meeting human demands, but if oxygen is still in the general air, it is not considered as an object yet Only when oxygen is compressed into a tank, which means that people can hold and manage it, can put it into civil exchanges and can become a property regulated by law + Money and papers valued in money are identified as assets with special properties - Money and objects, these two types of property differ in the following points: + First, objects can be created by many different entities, while money is exclusively issued by the Government + Second, for objects, we can exploit useful uses from the object itself For example: a house to live in, a car to run As for money, we cannot exploit useful uses from that money itself +Third, things are measured in terms of quantity using commonly used units of measurement, while money is determined by the value of that coin + Fourthly, the owner has full ownership rights to the object and can exercise the three rights to possess, use and dispose of the object, if the exercise of such rights does not affect the interests of the State, the interests of the State and the interests of the State public, the interests of other subjects But the person with the money (the owner) cannot exercise title to the money as to other common assets * Valuable papers: - They are classified into types: valuable papers such as money and other valuable papers - Valuable papers like money include: Short-term valuable papers (promissory notes, short-term certificates of deposit, bills), long-term valuable papers (bonds, long-term certificates of deposit) - Papers with the other include: checks, bonds of all kinds of securities + Property rights: are rights that are valued in money and transferable in civil exchanges, including intellectual property rights - Property right is the right to request another person to perform an obligation with a certain amount of money such as repaying a debt, compensating for damage or requesting another person to transfer the value of an object For example, the right to demand payment of the value of common property b Classification of properties: - Real estate: Real estate includes: Land; Houses, construction works attached to land; Other properties related to land, houses and construction works; Other property as prescribed by law (Clause 1- Article 107- Civil Code 2015) - Movable estate: are assets that are not real estate c Classification of objects: - Classification of objects + Emblements and profits: > Emblements: are natural products that property brings (Clause 1- Article 109- Civil Code 2015) For example: eggs laid by poultry, fruit from plants… > Profit is the profit earned from the exploitation of property (Clause 2Article 109- Civil Code 2015) For example: house rent, deposit interest… + Main and auxiliary objects: > The main object is an independent object that can be exploited according to its function.( Clause 1- Article 110 - BLDS 2015) Example: a laptop > auxiliary object: is an object which is used to exploit the main object's use, is a part of the main object but can be separated from the main object (Clause 2Article 110- BLDS 2015) For example: the charging cord of a laptop + Divisible and indivisible objects: > Divisible objects: Divisible objects are objects that, when being divided, still retain their original nature, shape and usage For example: rice, salt, gasoline > Indivisible object: An indivisible object is an object that, when divided, cannot retain their original nature, shape and usage (Clause 2- Article 111- Civil Code 2015) For example: cars, motorbikes, refrigerators, televisions… + Consumables and non-consumables: > Consumables: Consumables are objects that after being used once will lose or not retain their original use, appearance and performance Consumables cannot be the subject of a lease or loan agreement For example: petrol, food, etc > Non-consumable objects: Non-consumable objects are objects that, after being used many times, basically keep their original properties, shapes and uses For example: houses, vehicles + Objects of the same type and specific objects: > Objects of the same type: Objects of the same type are objects that have the same shape, properties, use features and determined by measuring units Objects of the same quality are interchangeable For example: rice, gasoline, etc > Specific object: A specific object is an object that can be distinguished from other objects by its symbols, shapes, colors, materials, properties, and locations When performing the obligation to hand over a specific object, the correct object must be delivered + Synchronized object: A Synchronized object is an object consisting of parts or parts that fit together to form a whole which, if one of the parts is missing, or has an improper part , is unusable or its use value is reduced When performing the obligation to transfer the synchronized object, all parts or components must be transferred, except for situations that have other agreements For example: furniture, shoes, sandals + Property rights: Property rights are rights valued in money, including property rights to intellectual property rights, land use rights and other property rights II Contents of legal relation : Ownership includes types of rights: Possession : - Means that the subject holding and controlling the property directly or indirectly as the holder of the right to the property Possession includes possession by the owner and also by a person who is not the owner * Owner's right of possession: - An owner may perform all acts according to his/her will to hold and control his/her property but must not violate the law or social ethics * The person authorized by the owner to manage the property: - The person authorized by the owner to manage the property takes possession of the property within the range, in the manner and for the period determined by the owner - People to whom the right of possession has been transferred through civil transactions in conformity with the legislation Use right: - Is the right to exploit the utility, to enjoy the yields and profits from the property - The right to use belongs to the following subjects: + The owner is entitled to use the property according to his or her will but must not cause damage or affect the national interests, ethnic groups, public interests, rights and interests of the State legitimate interests of others + Persons who are not owners may use the property according to the agreement with the owner or as prescribed by law Right of disposition: - Is the right to transfer ownership of property, to renounce ownership, to consume or to destroy property * Conditions for exercising the right of disposition - The disposition of property must be performed by a person with civil act capacity and not contrary to the provisions of law - Where the law prescribes the order and procedures for property disposition, such order and procedures must be followed * Right of disposal of the owner - The owner has the right to sell, exchange, give, lend, inherit, renounce ownership, consume, destroy or make other appropriate dispositions with the law on property *The right to dispose of the person who is not the owner - The person who is not the owner of the property has the right to dispose of the property only as authorized by the owner or in accordance with the law * Limitation of the right to dispose The right to dispose is restricted only in cases prescribed by law When the property to be sold is a property belonging to a historical-cultural relic in accordance with the Law on Cultural Heritage, the State has the right of priority to purchase Where an individual or legal entity has the right of priority to purchase certain assets as prescribed by law, when selling the property, the owner must reserve the right of priority to purchase for such subjects III Forms of ownership: All-people ownership Article 197.- All-people property - Land, water resources, mineral resources, resources in sea, airspace, other natural resources and properties invested and managed by the State are public property owned by the entire people and managed by the State on behalf of the owner and uniformly managed - State ownership: + Subject of State ownership: The State is a special and unique subject for the above-mentioned main means of production The State exercises the right to possess, use and dispose of such properties + Objects of State ownership: Land, water resources, mineral resources, resources in sea and airspace, other natural resources and properties invested and managed by the State + Right of possession: The state exercises the right to possess its property by promulgating legal documents stipulating the preservation and regulation of periodic or irregular property inventory to inspect properties that the State assigns to state agencies and enterprises; and at the same time promulgate legal documents stipulating the powers and obligations of State agencies and enterprises in the use of assets assigned by the State + The right to use : is transferred by the State to agencies and enterprises of the State for management and exploitation of the utility; or transferred by the State to organizations and individuals through civil contracts or certain administrative procedures + The right of disposition : The State disposes of its assets by various methods such as: The State transfers its assets to SOEs, organizations and individuals to perform the tasks assigned by the State Or the State establishes state management agencies at the central and local levels to directly decide on the transfer of assets within the scope of functions and powers prescribed by law 10 Private property : - Private property is the property of an individual or a legal entity - The subject of private property : is each individual or legal entity Every individual, whether mature or immature, with or without civil act capacity or incomplete civil act capacity, has the right to own, inherit and other rights to the property belonging to him or her its ownership Private owners are Vietnamese citizens, foreign individuals, overseas Vietnamese, and legal entities They are also owners of the capital and assets they have invested in Vietnam - Objects of private ownership: are assets owned by individuals or legal entities, including: + Lawful income; + Wealth to save; + Housing; + Living materials; + Production materials - Content of ownership: expressed in the ownership and control of property through the power to possess, use and dispose of the property Common ownership: - Common ownership is the ownership of many subjects over the property Joint ownership includes share ownership and consolidated joint ownership (Article 207 – Civil Code 2015) 11 + Shared ownership by part is joint ownership in which the ownership share of each owner is determined for the common property Each joint owner in part has rights and obligations to the property under common ownership in proportion to his or her share of ownership rights, unless otherwise agreed (Article 209 – Civil Code 2015) - Shared ownership by part includes: > Joint ownership of family members (Article 212) Article 212 Joint ownership of family members Property of family members A family living together includes property contributed and jointly created by members and other properties established as ownership in accordance with this Code and other relevant laws The possession, use and disposition of common property of family members shall be done by the method of agreement In case of disposing of property which is immovable property, registered movable property, property which is the main source of income of the family, the consent of all family members who are adults with legal capacity must be obtained fully civil, unless otherwise provided for by law > Mixed common ownership Article 215 Mixed common ownership Mixed common ownership means ownership of assets contributed as capital by owners of different economic sectors for production and business purposes profit Property formed from the capital contributed by the owners, lawful profits obtained from production and business activities or from other sources in 12 accordance with the provisions of law are property under common ownership mixture The possession, use and disposition of property under mixed common ownership must comply with the provisions of Article 209 of this Code and provisions of law related to capital contribution, organization and operation production, business, management, administration, responsibility for assets and distribution of profits + Consolidated common ownership is common ownership in which the ownership portion of each joint owner is not determined for the common property Consolidated common property includes divisible consolidated joint ownership and undivided consolidated joint ownership Consolidating common owners have equal rights and obligations to assets under common ownership (Article 210 – Civil Code 2015) - Consolidated common ownership includes: > Common ownership of the community (Article 211) Article 211 Common ownership of the community Common ownership of the community is the property of the family line, hamlets, hamlets, villages, hamlets, hamlets, hamlets, squirrels, religious communities and other residential communities with respect to property formed according to custom, property jointly contributed or donated by members of the community contributed, donated, or from other sources in accordance with the provisions of law for the purpose of satisfying the legitimate common interests of the community 13 Members of the community jointly manage, use and dispose of common property as agreed or customary for the common benefit of the community, but must not violate the prohibition of the law or violate social ethics The common property of the community is the undivided common property > Joint ownership of husband and wife (Article 213) Article 213 Common property of husband and wife Common property of husband and wife is divisible common property Husband and wife jointly create and develop common property; have equal rights to possess, use and dispose of common property Husband and wife agree or authorize each other to possess, use and dispose of common property Common property of husband and wife may be divided by agreement or by decision of the Court In case the husband and wife choose the property regime as agreed upon in accordance with the law on marriage and family, the common property of the husband and wife shall be applied according to this property regime > Shared ownership in an apartment building (Article 214) Article 214 Shared ownership in an apartment building Area, equipment and other assets shared in the apartment building in accordance with the Law on Housing consolidated joint ownership of all owners of the apartments in that house and not divided, unless otherwise provided by law or otherwise agreed by all owners 14 Owners of apartments in an apartment building have equal rights and obligations in the management and use of properties specified in Clause of this Article, unless otherwise provided for by law or otherwise agreed In case the apartment building is destroyed, the rights of the apartment owner shall comply with the provisions of law IV Protection of property rights: Definition: Civil law protects property rights by stipulating the methods of civil lawsuits before the court so that the owner can reclaim his property through it another person illegally occupies, requires another person to stop obstructing behavior or has the right to request to prevent the owner from exercising his/her legal ownership or possession right over the property; or the owner may demand compensation from another person for property damage if that person acts infringing upon his/her ownership or possession rights Ownership protection methods: a Owners have the right to protect their own property rights The owner also has the right to search for and reclaim property that is possessed, used or disposed by others without a legal basis Clause 1- Article 164- Civil Code 2015 stipulates that «Owners, holders of other rights to property have the right to protect themselves and prevent any person from infringing on their rights by means not contrary to the law provisions of law" b Claiming property: - Means the owner or legal possessor asks the court to force the person who has illegal possession to return the property 15 Article 164 – Civil Code 2015 also stipulates that “Owners and other property rights holders have the right to request a court or other competent state agency to force the infringing act to return the property, stop the act of unlawfully obstructing the exercise of ownership rights and other property rights and claim compensation for damage” c Lawsuits to prevent or stop unlawfully obstructing the exercise of ownership rights and lawful possession : - Normal use and exploitation of the property d Claims for damages (unlawful lawsuits): - Applicable in the following cases: + The lawful possessor sells the property to a bona fide third party, the owner requires the lawful possessor to compensate the price value of the property Example: A lends B a laptop B sold it to C (C didn't know it was A's property, so C was the third person in good faith) Then A will sue B to ask B to compensate for the damage - The legal or illegal possessor has sold the property to another person but the buyer is no longer found or the property has been destroyed then the owner has the right to sue the legal or illegal possessor of the property property must compensate the entire damage occurred to the owner In addition, the person causing the damage must compensate for the yields and profits arising from the property (if any) V Excercise Question 1: According to the 2015 Civil Code, how is “property” understood and what does it include? A Assets are objects, money, valuable papers and property rights 16 B property is real estate C Assets are objects, money, valuable papers and property rights including immovable and movable property Real estate and movables can be existing or future assets Question 2: According to the 2015 Civil Code, which is not property? A Objects B Papers without value C Valuable papers and property rights D Money Question 3: Does every property have three rights of ownership, possession and disposition? A True B False Question 4: Which of the following obligations does property owners have? A Obligation to protect the environment; protect the lives of others; Obligation to respect and ensure social order and safety; Obligation to respect construction rules; duty B Obligation to protect the environment; Obligation to respect and ensure social order and safety; Obligation to respect building codes C A&B Question 5: What is possession? A Possession means the subject holding and controlling property indirectly over that property 17 B Possession means the subject holding and controlling property directly over that property C Possession means the subject holding and controlling the property directly or indirectly like the holder having the right to the property Question 6: Which of the following statements is correct? A Possession includes direct possession and indirect possession B Possession includes possession of the owner and possession of a person who is not the owner C Possession is the possession or control of property indirectly Question 7: A civil transaction is effective when it satisfies which conditions? A Subjects have civil legal capacity and civil act capacity in accordance with established civil transactions B Subjects participating in civil transactions are completely voluntary C The purpose and content of the civil transaction does not violate the prohibition of the law and does not violate social ethics D When all conditions are satisfied in options A, B, C Question 8: What is the common property of husband and wife? A The share of ownership of the spouses acquired before and during the marriage B Divisible unified common property C Undivided common property Question 9: Which of the following statements is true? A Property is what the individual has B Valuable papers, property rights are assets C Property includes real estate and movable and other assets D B & C Question 10: When individuals have to compensate for damage? A Using electricity to protect their own property, causing damage to others B Committing acts of polluting the environment, causing damage to other people's crops 18 C Their livestock causes damage to crops to owners of crops D All of the above options 19