Under What Circumstances is the Owner of Reserve Technical Equipment Entitled to Compensation for Damage?

Illustration (source: internet)

According to regulations, the owner of the technical reserve means is obligated to comply with the decision to mobilize and deploy the technical reserve means; they are entitled to the return of the technical reserve means, reimbursement of expenses, and compensation for damages caused by the mobilization and deployment of the technical reserve means. Operators of the technical reserve means are obligated to comply with mobilization decisions and are entitled to benefits and policies as specified by the 2019 Mobilization Reserve Law.

Accordingly, the owner of the technical reserve means can be any Vietnamese agency, organization, or citizen who owns or has the right to use technical reserve means subject to registration, management, and arrangement into the mobilization reserve unit.

The 2019 Mobilization Reserve Law stipulates that the owner of the technical reserve means is eligible for compensation for the following:

- The technical reserve means is damaged, lost, or destroyed;- Income loss directly caused by the mobilization and deployment of the technical reserve means.

Furthermore, the authorized person who decides to mobilize and deploy the technical reserve means is responsible for compensating for damages. The amount of compensation and the disbursement of compensation to the owner of the technical reserve means are carried out as prescribed by the law on expropriation and requisition of property.

In cases where the mobilized or deployed technical reserve means are state-owned assets assigned to state agencies or public service providers that are damaged, lost, or destroyed, provisions are made for funding repairs or purchasing new items as stipulated by the law on the state budget.

See the full text of the regulations in the 2019 Mobilization Reserve Law effective from July 1, 2020.

Thu Ba

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