Decree No. 96/2009/ND-CP dated October 30, 2009 of the Government on the disposal of buried and sunk property which is discovered or found in the mainland, on islands and in the sea of Vietnam

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Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	96/2009/ND-CP	Signer:	Nguyen Tan Dung
Type:	Decree	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	30/10/2009	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Finance - Banking, Justice

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THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No. 96/2009/ND-CP	Hanoi, October 30, 2009

DECREE

ON THE DISPOSAL OF BURIED AND SUNK PROPERTY WHICH IS DISCOVERED OR FOUND IN THE MAINLAND, ON ISLANDS AND IN THE SEA OF VIETNAM

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the June 14, 2005 Maritime Code;
Pursuant to the June 29, 2001 Law on Cultural Heritage;
Pursuant to the June 3, 2008 Law on Management and Use of State Property;
At the proposal of the Minister of Finance,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides the disposal of buried or sunk property which is discovered or found in the mainland, on islands and in the sea over which the Socialist Republic of Vietnam has sovereignty, sovereign rights and jurisdiction and is ownerless or has an unidentifiable owner at the time of discovery or finding.

2. For buried or sunk property lying outside sea areas over which other states have sovereignty, sovereign rights and jurisdiction which is discovered or found by Vietnamese organizations or individuals, treaties on the disposal of buried and sunk property to which Vietnam is a contracting party will apply; for buried and sunk property not governed by treaties to which Vietnam is a contracting party, this Decree will apply.

Article 2. Subjects of application

1. Organizations and individuals discovering or finding buried and sunk property.

2. State agencies competent to dispose of discovered or found buried and sunk property.

3. Other subjects related to the disposal of discovered or found buried and sunk property.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Discovery- of buried or sunk property means that an organization or individual obtains information, documents and evidence on buried or sunk property which has not been excavated or salvaged.

2. Finding of buried or sunk property means that an organization or individual excavates or salvages a buried or sunk property as assigned by a competent state agency.

3. Accidental finding of buried or sunk property means that an organization or individual has no information, documents and evidence relating to a buried or sunk property but finds it in the course of daily-life activity or production.

Article 4. Principles of disposal

1. When discovering a buried or sunk property, an organization or individual shall protect and keep it in the original conditions and promptly and fully report relevant information to a competent state agency defined in Article 5 of this Decree, and is not allowed to excavate or salvage by itself/ himself/herself. When accidentally finding a buried or sunk property, an organization or individual shall immediately notify and deliver it to a competent slate agency defined in Articles 5 and 9 of this Decree.

2. The receipt and processing of information on and decision to dispose of buried or sunk property which is found shall be carried out by competent state agencies under this Decree and relevant laws.

3. Discovered or found buried or sunk property shall be disposed of in a transparent manner and according to the process prescribed in this Decree.

4. State ownership shall be established over found buried or sunk property which is a historical-cultural vestige, a national treasure, a relic, an antique or property related to national defense or security; organizations and individuals discovering or accidentally finding such property shall be rewarded under Article 16 of this Decree.

5. For found buried or sunk property which is other than a historical-cultural vestige, a national treasure, a relic, an antique or property related to national defense or security, the finder shall be rewarded under Article 16 of this Decree; if such property is accidentally found, the finder may receive part or the whole of the value of the property under Article 17 of this Decree.

6. An organization or individual that discovers or accidentally finds a buried or sunk property but fails to report or deliver it to competent authorities or excavates or salvages it by itself/ himself/herself is not entitled to the benefits specified in Articles 16 and 17 of this Decree and shall be administratively handled or examined for penal liability under law.

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Decree No. 96/2009/ND-CP dated October 30, 2009 of the Government on the disposal of buried and sunk property which is discovered or found in the mainland, on islands and in the sea of Vietnam

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