Latest regulations on content of the decision on compulsory purchase of property in Vietnam

Latest regulations on content of the decision on compulsory purchase of property in Vietnam (Internet image) 

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

1. The latest regulations on content of the decision on compulsory purchase of property

The content of the decision on compulsory purchase of property according to Article 15 of the Law on Compulsory Purchase and Requisition of Property 2008 is as follows:

- The decision on the compulsory purchase of property includes the following main contents:

+ Full name, position, and working unit of the person making the decision on compulsory purchase of property;

+ Name and address of the person with property subject to compulsory purchase;

+ Name and address of the organization entrusted with the management and use of property subject to compulsory purchase;

+ Purpose of the purchase;

+ Name, type, quantity, and current condition of the property subject to compulsory purchase;

+ Price of the compulsory purchase of property (if agreed upon);

+ Time and place of handover and acceptance of the property subject to compulsory purchase;

+ Deadline, form, and place of payment for the compulsory purchase of property.

- The decision on compulsory purchase of property must be delivered immediately to the person with property subject to compulsory purchase; in case the person with property subject to compulsory purchase is absent, the decision on compulsory purchase of property must be delivered to the People's Committee of the commune, ward, or township (hereinafter referred to as the commune-level People's Committee) where the property subject to compulsory purchase is located.

2. Regulations on handover and acceptance of property subject to compulsory purchase in Vietnam

The regulations on handover and acceptance of property subject to compulsory purchase according to Article 16 of the Law on Compulsory Purchase and Requisition of Property 2008 are as follows:

- The handover and acceptance of property subject to compulsory purchase must be carried out in accordance with the specified target, time, and place in the decision on compulsory purchase of property. For properties that require ownership certificates according to the law, relevant documents and papers related to the property ownership must be provided; in cases where it is objectively not possible to provide the documents and papers related to the property ownership, the handover of the property must be carried out based on its current condition.

- The participants in the handover and acceptance of property subject to compulsory purchase include:

+ The person with property subject to compulsory purchase or their legal representative;

+ The representative of the organization entrusted with the management and use of property subject to compulsory purchase.

- The handover and acceptance of property subject to compulsory purchase must be documented in a record. The main contents of the record include:

+ Name and address of the person with property subject to compulsory purchase or their legal representative;

+ Name and address of the organization entrusted with the management and use of property subject to compulsory purchase;

+ Name, type, quantity, and current condition of the property subject to compulsory purchase at the time of handover and acceptance;

+ Time and place of handover and acceptance of the property subject to compulsory purchase;

+ List of accompanying documents and papers (if any).

- In the event that the person with property subject to compulsory purchase or their legal representative is not present at the place of handover and acceptance of property subject to compulsory purchase within the prescribed time limit, the record of the property handover and acceptance must clearly state their absence and include confirmation from the commune-level People's Committee where the property subject to compulsory purchase is located.

3. Regulations on the price of the compulsory purchase of property in Vietnam

The regulations on the price of compulsory purchase of property according to Article 18 of the Law on Compulsory Purchase and Requisition of Property 2008 are as follows:

- The determination of the price of the compulsory purchase of property is as follows:

+ The price of compulsory purchase of property is based on the prevailing market price of the same type of property or property with the same technical standards, quality, and origin at the time of the decision on compulsory purchase of property;

+ In the event that, at the time of payment for the compulsory purchase of property, the market price of the property subject to compulsory purchase is higher than the market price at the time of the decision on the purchase, the price of the compulsory purchase of property is calculated based on the market price at the time of payment;

+ For real estate, technical equipment, or other properties for which it is difficult to determine the accurate price immediately at the time of compulsory purchase, the authorized person making the decision on compulsory purchase of property may establish a council to determine the price of the compulsory purchase of property.

- The price of compulsory purchase of property is agreed upon by the person with property subject to compulsory purchase and the authorized person making the decision on compulsory purchase of property in accordance with the principles prescribed in point a, clause 1, Article 18 of the Law on Compulsory Purchase and Requisition of Property 2008 and is recorded in the decision on compulsory purchase of property.

- In cases where an agreement cannot be reached, the authorized person who decides on the compulsory purchase of property determines the purchase price. If the person whose property is being purchased does not agree with this price, they still have to comply with it but have the right to file a complaint.

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