What is requisitioning property? Cases to apply for requisitioned property in Vietnam

Hi Lawnet. Real estate is often used as a shelter for people to avoid storms. So how is the current asset requisition regulated? Hoang Hai - Quang Tri, Vietnam

1. What is requisitioning property?

* Concept

According to Clause 2, Article 2 of Vietnam's Law on Procurement and Requisition of Property 2008, property requisition is the State's definite use of assets of organizations, individuals, households, and communities through an administrative decision only in cases of absolute necessity for reasons of national defense and security and in the national interest.

* Objects of use

According to Article 23 of Vietnam's Law on Procurement and Requisition of Property 2008, the properties subject to requisition include:

- House, land and other assets attached to land.

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

2. Cases of application of property requisition

According to Article 5 of Vietnam's Law on Procurement and Requisition of Property 2008, the requisition of property can only be carried out when the State has a need 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 to 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, and properties in the State.

3. Authority for requisition property

Specifically, Article 24 of Vietnam's Law on Procurement and Requisition of Property 2008 provides for the authority to requisition property 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.

- Competent persons specified in Clause 1, Article 24 of Vietnam's Law on Procurement and Requisition of Property 2008 are not allowed to delegate authority to decide on asset requisition.

4. Time limit to requisition property

According to Article 28 of Vietnam's Law on Procurement and Requisition of Property 2008, the time limit for property requisition is specified as follows:

- 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 Vietnam's Law on Procurement and Requisition of Property 2008.

- In case the time limit for requisition of property specified in Clause 1, Article 28 of Vietnam's Law on Procurement and Requisition of Property has expired but the purpose of requisitioning has not been completed, the extension may be extended, but the extension period must not exceed fifty 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.

5. Cancel the decision to requisition property.

Specifically, in Article 7 of Vietnam's Law on Procurement and Requisition of Property 2008, the cancellation of the decision to requisition property is as follows:

- The decision to requisition property shall be annulled in the following cases:

+ The decision to requisition property is contrary to the provisions of Vietnam's Law on Procurement 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 Vietnam's Law on Procurement and Requisition of Property 2008 no longer exist;

+ When the decision to expropriate or requisition property has not been made, the property no longer exists.

- When one of the cases specified in Clause 1, Article 7 of Vietnam's Law on Procurement and Requisition of Property 2008 occurs, the person competent to issue the decision to expropriate or requisition property shall have to cancel the decision on expropriation and requisition. property requisition; in case the Minister or President of the People's Committee of the province or centrally run city does not decide to annul the decision on requisition or requisition of property, the Prime Minister shall decide to annul it.

- The decision to cancel the decision to expropriate or requisition property must be made in writing and take effect from the time of signing and promulgation; Persons whose property is requisitioned or requisitioned may receive a decision on cancellation of the decision to requisition and requisition the property.

- In case the decision to expropriate the property specified at Point a, Clause 1, Article 7 of Vietnam's Law on Procurement and Requisition of Property 2008 is annulled, but the property for requisition has been handed over and received, whether the person has the property for requisition. If the property is received back, the person having the property for requisition shall be paid according to the provisions of Article 19 of Vietnam's Law on Procurement and Requisition of Property 2008; if the person having the property for requisition receives back the property and the expropriation has caused damage to them, they shall be compensated according to the provisions of Article 34 of Vietnam's Law on Procurement and Requisition of Property 2008.

- In case the decision on requisition of property specified at Point a, Clause 1, Article 7 of the Law on Procurement and Requisition of Property 2008 is annulled, but the requisitioned property has been handed over or received and such requisition has caused damage; In case of damage, the person who has the property requisitioned shall be compensated according to the provisions of Article 34 of the Law on Procurement and Requisition of Property 2008.

Thanh Rin

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