Why is the red book not a valuable asset?

Mon, 26 Oct 2020 10:57:00  |  Print  |  Email   Share:

According to article 105 of the Civil Code 2015, Property comprises objects, money, valuable papers and property rights.However, this Code does not specify what valuable papers are or what types of valuable papers include.

Clause 8 Article 6 of the Law on the State Bank of Vietnam in 2010 stipulates that valuable papers are evidence confirming debt repayment obligations between the issuer of valuable papers and the owner of valuable papers for a maximum period of time. terms, interest payment terms and other conditions.

According to the trial guidance document No. 141 / TANDTC-KHXX of the Supreme People's Court, valuable papers include:

a) Bill of exchange for debt collection, promissory note, check, and other negotiable instruments as prescribed in Article 1 of the 2005 Law on negotiable instruments;

b) Government bonds, corporate bonds, promissory notes and stocks specified at Point c, Clause 1, Article 4 of the 2005 Ordinance on Foreign Exchange;

c) Treasury bills, bills of exchange, bonds, and other instruments giving rise to debt repayment obligations specified at Point 16, Article 3 of the 2009 Law on Public Debt Management;

d) Types of securities (stocks, bonds, fund certificates; rights to buy shares, warrants, call options, put options, futures contracts, groups of securities or securities indices; Contribution contracts) investment capital; other types of securities regulated by the Ministry of Finance) as stipulated in Clause 1, Article 6 of the Law on Securities 2006 (amended and supplemented in 2010);

dd) Corporate bonds specified in Article 2 of the Government's Decree No. 52/2006 / ND-CP dated May 19, 2006 on "Issuance of corporate bonds" ...

This document also explains types of papers such as Certificate of Property Rights (Land Use Right Certificate; House Ownership Certificate, Motorbike and Motorcycle Registration Certificate; Vehicle Registration Certificate cars ...) are not "valuable papers". In other words these are not assets.

Comparing the above provisions, the auction winning record (similar to the red book, vehicle registration ...) is not an asset, so the person who steals the auction winning dossier will not constitute a crime of robbery. real. However, if the records are in packaging (plastic bags, paper bags ...), the act of snatching the bag constitutes the crime of robbery of property (file bag), not a crime of disrupting public order. . Article 171 of the 2015 Penal Code on Property robbery does not require how much money was stolen from property. Therefore, in principle, the property being robbed is property, the act of appropriation constitutes this crime.

Lawyer Vu Tien Vinh

Bao An Law Firm, Hanoi

By: Online Newspaper of the vnexpress / Translator: HaiYen-Bizic


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