Which assets are subject to compulsory purchase? What are the main contents of the compulsory purchase decision?
Which assets are subject to requisition?
Based on the provisions of Article 13 of the Law on Requisition and Asset Requisition 2008, the regulations are as follows:
Assets subject to requisition
1. Houses and other assets attached to the land in cases specified in Clause 1, Article 5 of this Law.
2. Medicinal drugs, food, equipment, tools, and essential materials and items.
3. Transportation, communication means, and other technical means.
At the same time, the provisions of Clause 1, Article 5 of the Law on Requisition and Asset Requisition 2008 are as follows:
Conditions for requisition and requisition of assets
The requisition and requisition of assets shall only be carried out when the government needs to use the assets and other mobilization methods cannot be implemented, in one of the following cases:
1. When the country is in a state of war or in a state of emergency for defense according to the laws on defense and emergency state;
According to the above regulations, assets subject to requisition include:
- Houses and other assets attached to the land in cases when the country is in a state of war or in a state of emergency for defense according to the laws on defense and emergency state;
- Medicinal drugs, food, equipment, tools, and essential materials and items.
- Transportation, communication means, and other technical means.
Which assets are subject to requisition? What essential contents must an asset requisition decision include?
What essential contents must an asset requisition decision include?
Based on the provisions of Article 15 of the Law on Requisition and Asset Requisition 2008, the requisition decision must include the following essential contents:
- Full name, title, and work unit of the person making the requisition decision;
- Name and address of the person whose assets are requisitioned;
- Name and address of the organization assigned to manage and use the requisitioned assets;
- Purpose of requisition;
- Name, type, quantity, and condition of the requisitioned assets;
- Requisition price of the assets (if agreed);
- Time and place of handover and receipt of the requisitioned assets;
- Term, form, and place of payment for requisitioned assets.
Who has the authority to decide on asset requisition?
Based on the provisions of Article 14 of the Law on Requisition and Asset Requisition 2008, the regulations are as follows:
Authority to decide on asset requisition
1. The Prime Minister of the Government of Vietnam decides on the requisition of assets specified in Clause 1, Article 13 of this Law.
2. The Minister of Finance, the Minister of Defense, the Minister of Public Security, the Minister of Transport, the Minister of Agriculture and Rural Development, the Minister of Health, the Minister of Industry and Trade, the Chairman of the Provincial People's Committee within their functions and duties decide on the requisition of assets specified in Clauses 2 and 3, Article 13 of this Law.
3. The persons authorized under Clauses 1 and 2 of this Article are not allowed to delegate or decentralize the authority to decide on asset requisition.
According to the above regulations, the authority to decide on asset requisition is regulated as follows:
- The Prime Minister of the Government of Vietnam decides on the requisition of houses and other assets attached to the land.
- The Minister of Finance, the Minister of Defense, the Minister of Public Security, the Minister of Transport, the Minister of Agriculture and Rural Development, the Minister of Health, the Minister of Industry and Trade, and the Chairman of the Provincial People's Committee within their functions and duties decide on the requisition of:
+ Medicinal drugs, food, equipment, tools, and essential materials and items.
+ Transportation, communication means, and other technical means.
Note that the persons with the authority to decide on asset requisition above are not allowed to delegate or decentralize the authority to decide on asset requisition.
How is the handover and receipt of requisitioned assets regulated?
Based on the provisions of Article 16 of the Law on Requisition and Asset Requisition 2008, the regulations on the handover and receipt of requisitioned assets are as follows:
- The handover and receipt of requisitioned assets must be carried out according to the specific subject, time, and place specified in the requisition decision.
For assets that by law require an ownership certificate, relevant documents concerning the ownership of the assets must be provided.
In case of objective reasons preventing the provision of documents related to the ownership of the assets, the handover must be conducted based on the current condition of the assets.
- The participants in the handover and receipt of requisitioned assets include:
+ The person whose assets are requisitioned or their legal representative;
+ A representative of the organization assigned to manage and use the requisitioned assets.
- The handover and receipt of requisitioned assets must be documented. The main contents of the document include:
+ Name and address of the person whose assets are requisitioned or their legal representative;
+ Name and address of the organization assigned to manage and use the requisitioned assets;
+ Name, type, quantity, and condition of the requisitioned assets at the time of handover and receipt;
+ Time and place of the handover and receipt of the requisitioned assets;
+ List of accompanying documents (if any).
- In case the person whose assets are requisitioned or their legal representative is not present at the handover and receipt place as specified, the document must note their absence and be confirmed by the Commune People's Committee where the requisitioned assets are located.
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