Regulations on conditions for compulsory purchase and requisition of property in Vietnam

Regulations on conditions for compulsory purchase and requisition of property in Vietnam (Internet image)

1. Concept of compulsory purchase and requisition of property

1.1. What is compulsory purchase of property?

Procurement of property means the purchase of assets of an organization by the State (excluding state agencies, public non-business units, and people's armed forces units), individuals, and households through administrative decisions in cases of extreme necessity for reasons of national defense, security, and national interests.

(Clause 1, Article 2 of the Law on compulsory purchase and requisition of property 2008)

1.2. What is requisition of property?

Requisition of property means the State's definite use of the property of organizations, individuals, households, and communities through administrative decisions in cases of extreme necessity for reasons of national defense and security and in the national interest.

(Clause 2, Article 2 of the Law on compulsory purchase and requisition of property 2008)

2. Conditions for Compulsory purchase and requisition of property in Vietnam

According to Article 5 of the Law on compulsory purchase and requisition of property 2008, the Compulsory purchase 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 dealing with a risk or overcoming a disaster caused by a natural disaster or epidemic on a large scale, if it is not prevented in time, it will have serious consequences for the life, health, and safety of the people, property of the State.

3. Principles of compulsory purchase and requisition of property in Vietnam

The Compulsory purchase and requisition of property must be done on the basis of the principles specified in Article 4 of the Law on compulsory purchase and requisition of property 2008, specifically as follows:

- The compulsory purchase and requisition of property shall be carried out only in cases of absolute necessity for reasons of national defense and security and in the national interest.

- The Compulsory purchase and requisition of property must ensure the lawful rights and interests of the property holders and be non-discriminatory.

- The Compulsory purchase and requisition of property shall be made under a decision of a competent person and must comply with the conditions, order and procedures prescribed in the Law on compulsory purchase and requisition of property 2008.

- Persons whose property is requisitioned or requisitioned must abide by the competent person's decision on compulsory purchase or requisition.

- The management and use of requisitioned and requisitioned assets must be for the right purposes, economically and effectively.

4. Cases of annulment of decisions on compulsory purchase and requisition of property in Vietnam

According to Clause 1, Article 7 of the Law on compulsory purchase and requisition of property 2008, the decision to expropriate and requisition property shall be annulled in the following cases:

- Deciding to Compulsory purchase and requisition property in contravention of the Law on compulsory purchase and requisition of property 2008;

- When the decision to expropriate and requisition property has not yet been implemented, but the conditions for requisitioning and requisitioning property specified in Article 5 of the Law on compulsory purchase and requisition of property in 2008 no longer exist;

- When the decision to expropriate or requisition property has not been made but for objective reasons, the property no longer exists.

5. Prohibited acts in compulsory purchase and requisition of property in Vietnam

Individuals and organizations are strictly prohibited from performing the following acts in the compulsory purchase or requisition of property:

- Procurement and requisition of property against the right subjects, conditions, competence, order, and procedures in accordance with the Law on compulsory purchase and requisition of property 2008.

- Abusing positions and powers in requisitioning or requisitioning property for embezzlement, corruption, profiteering, or other personal purposes.

- Postponing, refusing, or resisting the implementation of decisions on requisitioning or requisitioning of assets, decisions on mobilizing operators, and controlling requisitioned assets.

- Sale, exchange, donation, and other civil transactions that change the ownership of the property for which the decision on compulsory purchase has been made

- Destroying or altering the current state of property for which the decision to expropriate or requisition has been issued.

- Obstructing or inciting others to obstruct the compulsory purchase and requisition of property.

- Managing and using assets for compulsory purchase and requisition in contravention of law.

(Article 12 of the Law on compulsory purchase and requisition of property 2008)

Thanh Rin

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE