1. Legal Grounds Governing the Establishment of Ownership Rights over Lost or Mislaid Property
The obligations of a person who finds property belonging to another person, as well as the legal consequences of unlawfully retaining such property, are strictly regulated under the following legal instruments:
- The Civil Code 2015:
- Article 230: Regulates the establishment of ownership rights over property lost or mislaid by another person.
- Article 579: Provides for the obligation to return property obtained through possession, use, or benefit without a lawful basis.
- Decree No. 144/2021/ND-CP: Regulates administrative sanctions for violations relating to security, public order, and social safety, including administrative penalties for the unlawful retention of property.
- The Penal Code 2015 (as amended and supplemented in 2017):
- Article 176: Provides for the crime of Unlawful Retention of Property.
- Article 175: Provides for the crime of Abuse of Trust to Appropriate Property, which may apply in certain circumstances involving the delivery and entrustment of property.
2. Mandatory Obligations of a Person Who Finds Lost or Mislaid Property under the Civil Code
Pursuant to Article 230 of the Civil Code 2015, a person who finds property lost or mislaid by another person and knows the address of the person who lost or mislaid such property must notify that person or return the property to them.
Where the owner cannot be identified:
- The finder must notify or hand over the property to the commune-level People’s Committee (People’s Committee of the commune) or the nearest commune-level Police authority so that a public notice may be made and the owner may be given an opportunity to reclaim the property.
- Right to legally establish ownership: After one year from the date on which the competent authority makes a public announcement, if the owner cannot be identified or does not come forward to reclaim the property:
- If the property is worth 10 times the statutory base salary or less, ownership of the property shall be established in favor of the finder.
- If the property is worth more than 10 times the statutory base salary, after deducting reasonable preservation expenses, the finder is entitled to an amount equivalent to 10 times the statutory base salary plus 50% of the value of the excess amount, while the remaining portion shall be remitted to the State budget.
Accordingly, the law provides a mechanism to protect the legitimate interests of a person who finds lost property, provided that the finder properly complies with the statutory notification and public-announcement procedures.
3. When Does Failure to Return Found Property Give Rise to Criminal Liability?
Not every case in which a person finds property and fails to return it will immediately result in criminal prosecution. For criminal liability to arise, the conduct must satisfy all statutory elements of the offense prescribed under Article 176 of the Penal Code 2015 (Unlawful Retention of Property).
3.1. Mandatory Elements for Criminal Prosecution under Article 176 of the Penal Code
A person who finds property may only face criminal liability where all three of the following conditions are satisfied:
- Objective element – unlawful retention after a demand for return: The person intentionally fails to return the property or hand it over to the competent authority AFTER THE LAWFUL OWNER, LAWFUL MANAGER, OR COMPETENT AUTHORITY HAS REQUESTED ITS RETURN.
(If the person who lost the property does not know who found it and has never contacted or demanded its return, this element may not be satisfied.)
- Subjective element – intent: The finder knows that the property does not belong to them and knows that the owner or police authority has requested its return, but nevertheless intentionally conceals, disposes of, uses, or refuses to return the property.
- Value threshold of the property:
- The unlawfully retained property must be valued at VND 10,000,000 or more; OR
- Even where the property is worth less than VND 10,000,000, it constitutes a historical or cultural relic (di vật, cổ vật) protected under the law.
3.2. Penalties for the Crime of Unlawful Retention of Property under Article 176 of the Penal Code
Penalty Level 1 – Fine or Imprisonment of up to 02 Years
This applies where a person unlawfully retains:
- Property valued at VND 10,000,000 to less than VND 200,000,000, or a historical/cultural relic.
Applicable penalties:
- A fine ranging from VND 10,000,000 to VND 50,000,000;
- Non-custodial reform for up to 02 years; or
- Imprisonment from 03 months to 02 years.
Penalty Level 2 – Imprisonment from 01 to 05 Years
This applies where a person unlawfully retains:
- Property valued at VND 200,000,000 or more; or
- A national treasure.
Applicable penalty: Imprisonment from 01 year to 05 years.
4. Where the Criminal Elements Are Not Satisfied: Administrative Fines of up to VND 5 Million
Where the found property is worth less than VND 10,000,000 and does not constitute a historical or cultural relic, a person who intentionally retains the property instead of returning it may not be subject to criminal prosecution but may still face administrative sanctions.
Pursuant to Point đ, Clause 2, Article 15 of Decree No. 144/2021/ND-CP:
- The act of “unlawfully retaining another person’s property” is subject to a fine ranging from VND 3,000,000 to VND 5,000,000.
- Remedial measure: The violator may be required to return the entire unlawfully retained property to its lawful owner.
Conclusion
Finding property belonging to another person does not automatically give the finder ownership rights. The finder is generally required to take reasonable steps to notify the owner or hand the property over to the competent authority in accordance with the law.
Importantly, intentionally retaining found property after being requested to return it may, depending on the value and nature of the property and the specific circumstances of the case, give rise to criminal liability. Where the statutory elements of the criminal offense are not satisfied, the conduct may nevertheless result in administrative sanctions and an obligation to return the property.
Therefore, if you find lost or mislaid property, the safest legal course of action is to promptly notify the owner or hand the property over to the competent authority and properly document the handover.
CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Ha Noi Bar Association
Email: tmle@tlalaw.vn
Nguyen Thuy Duong