Cases of expropriation of clean water supply infrastructure assets in Vietnam

Cases of expropriation of clean water supply infrastructure assets in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What do clean water supply infrastructure assets include?

According to Clause 1, Article 3 of Decree 43/2022/ND-CP, clean water supply infrastructure assets (including land attached to clean water supply infrastructure assets) include: water extraction work items, water processing work items, clean water supply pipeline network, and related auxiliary work items.

2. Cases of expropriation of clean water supply infrastructure assets in Vietnam

According to Clause 1, Article 18 of Decree 43/2022/ND-CP, clean water supply infrastructure assets shall be expropriated in the following cases:

- There is a change in the planning, clearance levels;

- The assets are not handed over to proper recipients; are not used for the proper purposes; are lent.

- The assets are sold, leased, gifted, mortgaged, contributed as capital, or linked illegally.

- The assets have been handed over but the use demand thereof is no longer required or the utilization thereof is ineffective and not sustainable according to assessment of clean water authorities affiliated to provincial People’s Committees.

- Payments for auctioned assets according to Article 8 hereof have not been made in a timely manner resulting in the assets to be expropriated.

- Other cases according to regulations and law.

3. Settlement of clean water supply infrastructure assets in Vietnam

The settlement of clean water supply infrastructure assets which have been handed over to agencies, entities under Point a, Point b, Point a Clause 2 Article 5 of Decree 43/2022/ND-CP shall be implemented as follows:

- Expropriation.

- Reassignment.

- Disposal.

- Settlement in the event of lost or damaged assets.

- Other solutions according to regulations and law.

(Article 17 of Decree 43/2022/ND-CP)

4. Procedures for expropriating clean water supply infrastructure assets at request of agencies, entities assigned to manage assets in Vietnam

According to Clause 4, Article 18 of Decree 43/2022/ND-CP, the procedures for expropriating clean water supply infrastructure assets at request of agencies, entities assigned to manage assets are as follows:

(1) Agencies and entities assigned to manage assets shall produce request for expropriation of assets and submit to superiors (if any) and submit to clean water authorities.

+ Written request includes:

(i) Written request of agencies, entities assigned to manage assets (which states reason for appropriation): 1 authentic copy;

(ii) List of assets requested for expropriation (name of assets; address; type of work items: initial year of use; area; capacity; number of water consumer households by design and realistically; value; conditions): 1 authentic copy;

+ Other relevant documents (if any): 01 copy.

(2) Within 15 days from the date on which adequate documents under Point a of this Clause are received, superiors (if any) shall consolidate, provide written remarks, attach copies of documents under Point a of this Clause, and send to clean water authorities.

(3) Within 15 days from the date on which adequate documents under Point a of this Clause (for cases where superiors are not available) or documents under Point b of this Clause (for cases where superiors are available) are received, clean water authorities shall issue documents and attach written request for remarks of financial authorities of the same levels and relevant authorities regarding asset expropriation.

(4) Within 15 days from the date on which adequate documents of clean water authorities are received, financial authorities of the same level and relevant authorities are responsible for providing remarks about asset expropriation request.

(5) Within 15 days from the date on which remarks of financial authorities of the same level and relevant authorities are received, clean water authorities shall issue written request (attach remarks of relevant authorities), attach documents under Point a of this Clause, and request provincial People’s Committees to review and decide.

(6) Within 30 days from the date on which adequate documents are received, provincial People’s Committees shall review, issue Decision on expropriation of clean water supply infrastructure assets or provide written response in case of inadequate request for asset expropriation.

The Decision contains:

+ Name of agencies, entities holding expropriated assets;

+ List of expropriated assets (name of assets; address; type of work items: initial year of use; area; capacity; number of water consumer households by design and realistically; value; conditions); reason for expropriation;

+ Responsibilities for implementation.

(7) Within 30 days from the date on which Decision on asset expropriation of provincial People’s Committees is issued, entities holding expropriated assets shall transfer assets to clean water authorities for settlement according to (3), produce asset reports using Form No. 01B, Form No. 01C under Appendix attached to Decree 43/2022/ND-CP.

Form No. 01B

Form No. 01C

While awaiting settlement, agencies and entities holding expropriated assets are responsible for preserving and protecting the assets as per the law.

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