Legal Counselling

Conditions for compulsory purchase and requisition of property under Vietnam’s current regulations

16:40, 12/08/2013

The Law on compulsory purchase and requisition of property 2008 of Vietnam was promulgated on June 03, 2008 and officially effective from January 01, 2009, of which one of the fundamental contents is the regulation on conditions for compulsory purchase and requisition of property.

Specifically, according to Article 5 of the Law on compulsory purchase and requisition of property 2008 of Vietnam, the compulsory purchase and requisition of property can only be carried out when the State has a need to use the property that cannot be fulfilled by other mobilization measures, and it falls under one of the following cases:

One, in a state of war or emergency in terms of national defense, as regulated by laws on national defense and laws on emergency situations.

Two, when national security is at risk, as regulated by laws on national security.

Three, when important national security objectives are at risk of infringement or require enhanced protection, as regulated by laws on national defense and laws on national security.

Four, when there is a need to cope with risks or to mitigate the consequences of widespread natural disasters, epidemics, or if timely prevention is not taken, it will cause serious consequences to the lives, health, and property of the people, as well as state property.

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