Vietnam: When shall houses and land under public property be acquired?

According to Decree No. 167/2017/NĐ-CP of Vietnam’s Government, forfeiture, which is one of the options for disposition of property, shall be applied in one of the following cases:

One, the body or enterprise has not used property continuously for more than 12 months;

Two, using property in contravention of the provisions of forfeiture as prescribed in Clause 2, Article 15 of Decree No. 167/2017/NĐ-CP;

Three, property which is the former working office or former non-business establishment of the body after it is assigned or built a new working office or non-business establishment by the State without the approval of the competent authority prescribed in Clauses 1, 3, 4, 6, 7, 8 and Article 7 of Decree No. 167/2017/NĐ-CP.

The forfeiture shall be conducted after the working office or non-business establishment is handed over and put into use;

Four, assignment, sale, giving, capital contribution, or use of property as security of a civil obligation not in accordance with laws and regulations;

Five, property which has been allocated, constructed or procured but no longer need to be used or the use or exploitation is ineffective manner or reduced demand for use due to changes of organizational changes or duties;

Six, the body or enterprise voluntarily returns the property to the State;

Seven, other circumstances as per the law.

Within 30 days from the date on which the property disposition plan is approved by the competent authority prescribed in Article 6 of Decree No. 167/2017/NĐ-CP:

- The Minister of Finance is responsible for deciding forfeiture of property under management of central bodies or enterprises;

- Each People’s Committee of the province is responsible for deciding forfeiture of property under management of provincial bodies or enterprises.

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