Is it possible to use what you accidentally picked up?

My name is Duong Thanh H, I currently work at a garment company in Thua Thien Hue province. A day ago when I was on my way to work (night shift), I suddenly picked up 01 (one) wallet. This includes a number of papers and a cash amount of VND 19 million and a tael of gold. I would like to ask if I can use the properties or I have to hand it over to the police? If I return it to the police and the owner of this wallet cannot find it, who does this property belong to? Will I be punished if I do not hand it over to the police? Sincerely thank you for your advice!

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. We have studied the law provisions to provide you with our advice. Please kindly see the answer below:

1. Regulations on establishment of ownership rights with respect to objects picked up

According to Clause 1, Article 230 of Civil Code 2015 on establishment of ownership rights with respect to objects which other persons have lost or mislaid

“1. A person finding an object which another person has lost or mislaid and being aware of the address of the person having lost or mislaid the object must inform or return the object to such person. If the finder is not aware of the address of the person having lost or mislaid the object, it must inform or deliver the object to the people's committee or police station of the nearest commune in order that a public announcement may be made notifying the owner to reclaim the object.

The people's committee or police station of commune which received the object must notify the finder of the results of their inquiries in order to determine the owner.”

 Thus, in this case, when you have picked up a wallet that other persons have lost or mislaid, you have to inform or return to the nearest People’s committee or the ward-level public security. If you don’t comply with that regulation and use the properties, you will be considered breaching the law and you may bear administrative punishment or criminal punishment.

Besides, according to point a, Clause 2, Article 230 of Civil Code 2015:

2. If, after one year from the date of the public announcement of the object having been found, the owner of the object is still not able to be identified or the owner does not claim the object, the ownership rights with respect to such property shall be determined as follows:

a) If the value of the lost or mislaid object is up to ten-month base salary provided for by the State, it shall belong to the finder as prescribed in this Code and relevant laws; if the value of the found object is more than the equivalent of ten-month base salary provided for by the State, the finder shall be entitled to the value of ten-month base salary, deducted from preservation expenses, and plus fifty (50) percent of the remaining value of the object in excess of the ten-month base salary provided for by the State, with the remaining value belonging to the State.

b) A lost or mislaid object which is an historic or cultural relic as prescribed in the Law on cultural heritage shall belong to the State. The finder shall be entitled to enjoy a monetary reward in accordance with law.

 According to Clause 2, Article 3, Decree No. 38/2019/NĐ-CP of the Government on statutory pay rate for public officials and public employees and armed forces’ personnel, from July 1, 2019, the statutory pay rate is VND 1,490,000/month.

Thus, after 01 year from the date of the public announcement of the property but the owner cannot be identified or the owner does not come to receive it, you will be legally entitled to receive that property.

Supposedly, after 01 year, the owner cannot be identified or the owner does not come to receive the property, the value of the property you can be legally entitled to receive will be:

- Property value picked up: VND 19,000,000 (a tael of gold 9999 which has not been assessed).

- The value received by the person picking the property (excluding maintenance costs):

= Ten-month base salary + 50% of the remaining value of the object in excess of the ten-month base salary provided for by the State = {(1,490,000 x10) + ½ 4,100,000} = VND 16,950,000.

2. Legal provisions on illegally seizing property picked up:

Currently, there are regulations clearly stipulate the liability on illegally seizing property picked up. Depending on the nature and extent of the illegal possession, you may be subject to administrative sanctions or criminal liability.

2.1. Administrative sanctions:

It is stipulated in point e, Clause 2, Article 15, Decree No. 167/2013/NĐ-CP on sanction of administrative violation in social security, order and safety, prevention and fighting of social evils, fire and domestic violence that a fine of between VND 2,000,000 and 5,000,000 shall be imposed for illegally seizing the others’ assets. Besides, additional sanctions such as confiscating the exhibits and means used for administrative violations shall be imposed.

2.1. Criminal liability:

According to Article 176 of Criminal Code 2015 on the illegal impoundment of property:

“1. Any person who finds or mistakenly receives a piece of property which is assessed at from VND 10,000,000 to under VND 200,000,000, or property which is assessed at under VND 10,000,000 but it is a relic, an antique or an item of historical or cultural value but deliberately fails to return it to its legitimate owner or fails to submit it a competent authority after the owner or the competent authority requests the return or submission of such property as prescribed by law shall be liable to a fine of from VND 10,000,000 to VND 50,000,000 or face a penalty of up to 02 years' community sentence or 03 - 24 months' imprisonment.

2. If the property obtained is assessed at ≥ VND 200,000,000 or national treasure, the offender shall face a penalty of 01 - 05 years' imprisonment.”

That is the advice of FDVN to your request, based on the study of legal regulations. Hopefully, FDVN's advice will be useful to you.

Legal expert: Dinh Thi Thong

FDVN Law Firm