What are cases of expropriation of irrigation infrastructure property in Vietnam?

On November 16, 2017, the Government of Vietnam promulgated Decree 129/2017/ND-CP on regulations for the management, use, and exploitation of irrigation infrastructure property in Vietnam.

Infrastructure  assets  of  irrigation  facilities  being  reclaimed  under  certain  circumstances,  Decree  129/2017/ND-CP

What are cases of expropriation of irrigation infrastructure property in Vietnam? (Illustrative image)

Article 25 of Decree 129/2017/ND-CP stipulates that infrastructure property of irrigation facilities is reclaimed in the following cases in Vietnam:

- When there are changes in planning, management decentralization;

- Property is assigned to incorrect entities, used improperly as per regulations;

- Property has been assigned but are no longer needed or the exploitation is ineffective;

- Other cases as prescribed by law.

Additionally, the authority to decide on the reclamation of infrastructure property of irrigation facilities is stipulated as follows:

- The Minister of Finance decides on the reclamation of irrigation infrastructure property attached to land under the central management scope;

- The Minister of Agriculture and Rural Development decides on the reclamation of irrigation infrastructure property under central management scope except for the property as regulated above

- The Provincial People's Council decentralizes the authority to decide on the reclamation of property within the local management scope.

Furthermore, the reclaimed infrastructure property of irrigation facilities in Vietnam are handled in the following forms:

- Transferring the infrastructure property of irrigation facilities;

- Selling the infrastructure property of irrigation facilities;

- Assigning the property to the entity managing the infrastructure property of irrigation facilities.

More details can be found in Decree 129/2017/ND-CP which is effective in Vietnam as of January 1, 2018.

Ty Na

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