09:23 | 28/05/2022
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In Vietnam, does the person who digs the artifact under the foundation have the right to own it?

In Vietnam, does the person who digs up the antiquities under the foundation of the house have the right to own it? In Vietnam, what is the fine level for the act of detecting antiquities but not notifying or handing them over to state agencies? I am in the process of building a house and digging the foundation. During the digging, I found an antique. May I ask if I have title to this antique? Thank you!

In Vietnam, does the person who digs up the antiquities under the foundation of the house have the right to own it?

Pursuant to Clause 4, Article 14 of the Law on Cultural Heritage 2001:

4. To promptly notify the location of the discovery of relics, antiquities, national treasures, historical-cultural relics and scenic spots; hand over the found relics, antiquities and national treasures to the nearest competent state agency;

Pursuant to Article 229 of the 2015 Civil Code, which provides for the establishment of ownership rights to buried, hidden, buried or sunk property found as follows:

1. Persons who discover buried, hidden, buried or sunk property must notify or immediately return it to the owner; if it is not known who the owner is, it must notify or hand it over to the nearest commune-level People's Committee or police station or other competent state agency as prescribed by law.

2. Property that is buried, hidden, buried or sunk is found without or without identification of the owner, after deducting costs of search, preservation and ownership of the property. This is defined as follows:

a) Property found to be property belonging to historical-cultural relics according to the provisions of the Law on Cultural Heritage shall belong to the State; the person who finds such property is entitled to a reward in accordance with the law;

b) Property found that is not a property belonging to a historical - cultural relic under the provisions of the Law on Cultural Heritage but has a value less than or equal to ten times the base salary prescribed by the State shall belong to the State. the finder's possession; if the property found has a value greater than ten times the base salary prescribed by the State, the finder is entitled to a value equal to ten times the base salary prescribed by the State and 50% of the value of the excess. ten times the base salary prescribed by the State, the remaining value belongs to the State.

Accordingly, after you find an antique under the foundation of your house, you must notify or hand it over to the commune-level People's Committee or the nearest commune-level police station or other competent state agency. If this value is less than or equal to ten times the base salary, you will be entitled to a value equal to ten times the base salary, and if the value is more than ten times the base salary, you will be entitled to a value of ten times the base salary. times the base salary and 50% of the value of the portion exceeding ten times the base salary. The remaining value belongs to the State. Thus, if the item you dig is an antique, you will only be entitled to a benefit according to the above provisions, the ownership of this antique will belong to the State.

In Vietnam, the fine for detecting antiquities but not reporting or handing them over to state agencies

Pursuant to Article 25 of Decree 38/2021/ND-CP stipulating violations of regulations on notification and handover of discovered relics, antiquities and national treasures are as follows:

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to notify or hand over the discovered relics and antiquities.

2. Additional sanctioning forms:

Confiscate the material evidences of violation for the acts specified in Clause 1 of this Article.

Thus, if you fail to notify and hand over the antiquities to the competent authority when detecting the antiquities, you will be fined from VND 10,000,000 to VND 20,000,000 and have this antique confiscated.

Best regards!

Huỳnh Minh Hân

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Chủ quản: Công ty THƯ VIỆN PHÁP LUẬT. Giấy phép số: 27/GP-TTĐT, do Sở TTTT TP. HCM cấp ngày 09/05/2019.
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Chứng nhận bản quyền tác giả số 416/2021/QTG ngày 18/01/2021, cấp bởi Bộ Văn hoá - Thể thao - Du lịch
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