What are the cases of compulsory purchase of property in Vietnam? How long does it take for compulsory purchase payment?
What are the cases of compulsory purchase of property in Vietnam?
Pursuant to the provisions of Article 5 of the Law on Compulsory Purchase and Requisition of Property 2008, the conditions of compulsory purchase and requisition of property are as follows:
Conditions for compulsory purchase and requisition of property
The compulsory purchase and requisition of property may only be carried out when the State needs to use the property but other mobilizing measures cannot do it, in one of the following cases:
1. When the country is in a state of war or in a state of national defense emergency in accordance with the law on national defense and the law on state of emergency;
2. When national security is at risk of being threatened in accordance with the law on national security;
3. When important national security objectives are likely to be violated or need enhanced protection according to the provisions of the law on national defense and the law on national security;
4. When dealing with a risk or to overcome a disaster caused by a natural disaster or epidemic on a large scale, or if it is not prevented in time, it will cause serious consequences to the life, health and property of people and property of the State.
Thus, compulsory purchase of property is only implemented by the State in the four cases mentioned above.
What are the cases of compulsory purchase of property in Vietnam? How long does it take for compulsory purchase payment? (Image from the Internet)
What is the form and effect of the decision for compulsory purchase in Vietnam?
According to the provisions of Article 6 of the Law on Compulsory Purchase and Requisition of Property 2008, the form and effect of the decision for compulsory purchase and requisition of property:
Form and effect of the decision for compulsory purchase and requisition of property
1. The decision for compulsory purchase of the property must be made in writing.
2. The decision for compulsory purchase of the property must be made in writing; In special cases where it is not possible to issue a written decision, the person competent to decide on the compulsory purchase of the property may decide for compulsory purchase of the property orally in order to perform assigned tasks but must obtain a written certification.
3. The decision for compulsory purchase and requisition of property takes effect from the time of signing and promulgation.
Thus, the decision for compulsory purchase of property must be made in writing.
How long does it take for compulsory purchase payment in Vietnam?
According to the provisions of Article 19 of the Law on Compulsory Purchase and Requisition of Property 2008, the provisions are as follows:
Compulsory purchase payment
1. The compulsory purchase of property payment shall be paid once to the person having the property purchased compulsorily within the time limit as follows:
a) Not later than forty-five days from the effective date of the decision on compulsory purchase of property, for the case specified in Clause 1, Article 5 of this Law;
b) Not later than thirty days from the effective date of the decision on compulsory purchase of property, for the cases specified in Clauses 2, 3 and 4, Article 5 of this Law.
2. In case the payment cannot be made within the time limit specified in Clause 1 of this Article due to force majeure reasons, the extension may be extended, but the extension period shall not exceed forty-five days for the case specified at Point a. Clause 1 of this Article and not more than thirty days for the case specified at Point b, Clause 1 of this Article. The extension must be notified in writing to the person having the property purchased compulsorily before the end of the payment period specified at Point a or Point b, Clause 1 of this Article.
3. The Ministry of Finance and local financial agencies are responsible for paying money for the compulsory purchase of property to the person whose property purchased compulsorily in accordance with the provisions of Clauses 1 and 2 of this Article and the provisions of the law on the state budget
Thus, the time for compulsory purchase of property payment is no more than 30 days or no more than 45 days, depending on the case of compulsory purchase of property. In case the payment cannot be made within the above time limit, it may be extended but not beyond the stipulated time.
In addition, the Law also stipulates that the money for compulsory purchase of property payment shall be paid by the state budget in accordance with the law on state budget (Article 20 of the Law on Compulsory Purchase and Requisition of Property 2008)
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