Vietnam: Property requisition and 05 things you should know

Vietnam: Property requisition and 05 things you should know (Internet image)

1. What is property requisition?

According to Clause 2, Article 2 of the Law on Property Expropriation and Requisition 2008, property requisition means the State's definite use of the property of organizations, individuals, households, or communities through administrative decisions in cases of extreme necessity for reasons of national defense and security and in the national interest.

2. Conditions for requisition of property in Vietnam

The requisition and requisition of property may only be carried out when the State wishes to use the property but other mobilizing measures cannot do it, in one of the following cases:

- 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;

- When national security is at risk of being threatened in accordance with the law on national security;

- 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;

- When having to deal with risks or overcome disasters caused by natural disasters or epidemics on a large scale or if not prevented in time, it will cause serious consequences to people's lives, health, properties, and State property.

(Article 5 of the Law on Property Expropriation and Requisition 2008)

3. Property subject to requisition in Vietnam

Properties subject to requisition include:

- House, land, and other assets attached to land.

- Machinery, equipment, means of transport, communication, and other technical means.

(Article 23 of the Law on Property Expropriation and Requisition 2008)

4. Authority to decide on property requisition in Vietnam

Competence to decide on requisition of property is specified in Article 24 of the Law on Property Expropriation and Requisition 2008 as follows:

- Minister of Finance, Minister of National Defense, Minister of Public Security, Minister of Transport, Minister of Agriculture and Rural Development, Minister of Health, Minister of Industry and Trade, and Presidents of the People's Committees of provinces shall, within the ambit of their tasks and powers, decide to requisition property specified in Article 23 of the 2008 Law on expropriation and requisition of property.

- The above competent person is not authorized to decide on asset requisitions.

5. Time limit for property requisition in Vietnam

- The time limit for requisitioning property starts from the effective date of the requisition decision until:

+ No later than thirty days from the date of abolition of the state of war or state of emergency, for the cases specified in Clause 1, Article 5 of the 2008 Law on Asset Acquisition and Requisition;

+ No more than thirty days, for the cases specified in Clauses 2, 3 and 4, Article 5 of the Law on Property Expropriation and Requisition 2008.

- In case the time limit for requisitioning property specified in Clause 1 of this Article expires, but the purpose of requisitioning property has not been completed, the extension may be extended, but the extension period shall not exceed fifteen days.

- The decision to extend the requisition of the property must be made in writing and sent to the person having the requisitioned property before the end of the requisition period.

6. Return of the requisitioned property in Vietnam

- The requisitioned property shall be returned at the end of the requisition period according to the asset requisition decision.

A decision on the return of requisitioned property must be made in writing and must contain the following principal contents:

+ Name and address of the organization; full name and address of the individual assigned to manage and use the requisitioned property;

+ Name and address of the person who has the property requisitioned or the person who manages and uses the property legally;

+ Name, type, quantity, and current status of each returned property;

Time and place of return of property.

Participating in the return of requisitioned property:

+ Individuals and representatives of organizations assigned to manage and use requisitioned assets;

+ The person having the requisitioned property, the legal representative, or the person who legally manages and uses the property.

- The return of the requisitioned property must be recorded in writing. The main contents of the minutes include:

+ Name and address of the person having the requisitioned property, the lawful representative or lawful manager, and the user of the requisitioned property;

+ Name and address of the organization, full name and address of the individual assigned to manage and use the property;

+ Name, type, quantity, and current status of each returned property;

+ Time and place of return.

- In case the person who has the property requisitioned or the person who legally manages and uses the property does not come to receive the property, organizations and individuals assigned to manage and use the requisitioned property shall continue to do so, and the property shall be handled according to the provisions of civil law. In case the person having the requisitioned property voluntarily donates or donates the property to the State, the State ownership of such property shall be established. The donation or donation of property must be made in writing.

(Article 33 of the Law on Property Expropriation and Requisition 2008)

Diem My

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE