Who is the owner of the property which is buried?

Posted date: 12/01/2021

While my family was digging holes to plant trees, we found a cloth wrap and 3 gold bars inside. Bringing it to the gold store, we knew that the value of all 3 gold bars is about 90 million dong. This is the gold found in my garden, I would like to ask you who has the ownership?

FDVN’s opinion:

Thank you for concerning FDVN’s legal services. Regarding your consulting requests, after studying the relevant legal documents, FDVN Law Firm would like to give you the following advice:

According to Article 229 of Civil Code 2015, the establishment of ownership rights with respect to buried or sunken objects which are found is specified as follows:

“1. A person finding an object which is buried or sunken must notify and return to the owner; if the owner is not able to be identified, he/she must inform or deliver the object to the people's committee or police station of the nearest commune or a competent authority in accordance with regulations of law.

2. Ownership rights with respect to a buried or sunken object which is found, but which has no owner or the owner of which is not able to be identified, shall be determined, after deducting search and maintenance expenses, as follows:

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

b) A found object which is not a historic or cultural relic as prescribed in Law on cultural heritage, and which has a value equivalent up to ten-month base salary provided for by the State, shall belong to the finder; 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 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.”

Thus, the value of the found property is a significant basis to determine whether you have a part or full of the property ownership after performing its obligations in accordance with the above provisions.

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Nguyen Thi Lan Anh - FDVN Law Firm

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