Does the requisitioned property belong to the State? How long does the State take to return the requisitioned property?
Is Property Under Requisition State-Owned?
Based on Article 8 of the Law on Compulsory Purchase, Requisition of Property 2008, the provisions are as follows:
Ownership Rights, Use Rights of Compulsory Purchase and Requisition Property
1. Ownership rights of property under compulsory purchase belong to the State from the time the decision on compulsory purchase of property takes effect.
2. Ownership rights of requisitioned property remain with the owner of the requisitioned property; the rights to manage and use the requisitioned property during the requisition period belong to the State.
According to the above regulations, the State only has the right to manage and use the requisitioned property during the requisition period. Ownership of the requisitioned property remains with the owner of the requisitioned property and does not belong to the State.
Does requisitioned property belong to the State? How long does it take for the requisitioned property to be returned by the State?
How Long Is the Requisition Period for Property Before It Is Returned by the State?
Property requisition is only conducted within a specific timeframe. The requisition period is regulated under Article 28 of the Law on Compulsory Purchase, Requisition of Property 2008 as follows:
Requisition Period for Property
1. The requisition period for property starts when the requisition decision takes effect until:
a) No more than thirty days from the date of cessation of war, emergency state, for cases stipulated in Clause 1, Article 5 of this Law;
b) No more than thirty days for cases stipulated in Clauses 2, 3, and 4, Article 5 of this Law.
2. If the requisition period stipulated in Clause 1 of this Article has expired but the requisition purpose has not been completed, an extension is allowed but the extension period must not exceed fifteen days.
3. The decision to extend the requisition period must be in writing and sent to the owner of the requisitioned property before the requisition period expires.
The requisition period for property starts and ends as follows:
- It starts when the requisition decision takes effect and lasts no more than thirty days from the date of cessation of war or an emergency state in case of war or national defense emergency as stipulated by national defense law and emergency state law;
- It starts when the requisition decision takes effect and lasts no more than thirty days for cases such as:
+ When national security is at risk as stipulated by national security law;
+ When important national security objectives are likely to be compromised or need enhanced protection as stipulated by national defense and national security laws;
+ When responding to or resolving disasters caused by natural calamities, widespread diseases, or other hazards that, if not promptly prevented, would cause serious harm to the lives, health, and property of the people and the State.
Note: If the requisition period expires but the requisition purpose is not yet completed, a fifteen-day extension is allowed. The decision to extend the requisition period must be in writing and sent to the owner of the requisitioned property before the requisition period expires.
Do Property Owners Have the Right to Refuse State Requisition of Their Property?
Based on Article 10 of the Law on Compulsory Purchase, Requisition of Property 2008, the provisions are as follows:
Rights and Obligations of Owners of Compulsory Purchase and Requisitioned Property
1. Owners of compulsory purchase and requisitioned property have the following rights:
a) To be paid for compulsory purchase of property; to have requisitioned property returned and to be compensated for damages caused by the requisition of property;
b) To be rewarded for achievements and contributions in the compulsory purchase, requisition of property as stipulated by law;
c) To lodge complaints, denunciations, and lawsuits regarding compulsory purchase and requisition of property as stipulated by law.
2. Owners of compulsory purchase, requisitioned property are obliged to comply with the requisition decision.
Owners of requisitioned property are obliged to comply with the property requisition decision.
If the property requisition decision has been implemented in accordance with the law and the property owner does not comply, the person who made the requisition decision will issue a coercion execution decision and organize its enforcement or assign the Chairman of the District People's Committee where the requisitioned property is located to organize enforcement, as stipulated in Article 31 of the Law on Compulsory Purchase, Requisition of Property 2008.
LawNet
