Ownership and use rights to properties subject to mandatory purchase and requisition in Vietnam

Ownership and use rights to properties subject to mandatory purchase and requisition in Vietnam (Internet image)

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

1. Ownership and use rights to properties subject to mandatory purchase and requisition in Vietnam

Ownership and use rights of properties subject to compulsory purchase and requisition, according to Article 8 of the Law on Compulsory Purchase and Requisition of Property 2008, are as follows:

- Ownership of property acquired belongs to the State from the time the decision to purchase property takes effect.

- Ownership of requisitioned property still belongs to the person who has the requisitioned property; the right to manage and use requisitioned assets during the requisition period belongs to the State.

2. Principle of compulsory purchase and requisition of property in Vietnam

The principle of compulsory purchase and requisition of property according to Article 4 of the Law on Compulsory Purchase and Requisition of Property 2008 is as follows:

- Compulsory purchases and requisitions of property are only carried out in cases of absolute necessity for reasons of national defense, security, and national interests.

- Compulsory purchases and requisitions of property must ensure the legitimate rights and interests of property owners and not be discriminatory.

- Compulsory purchase and requisition of property is carried out according to the decision of the competent person and must comply with the conditions, orders, and procedures specified in the Law on Compulsory Purchase and Requisition of Property 2008.

- The person with properties subject to compulsory purchase and requisition must comply with the decision of compulsory purchase and requisition of property of the competent person.

- The management and use of properties subject to compulsory purchase and requisition must be for the right purpose, economical, and effective.

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

According to Article 5 of the Law on Compulsory Purchase and Requisition of Property 2008, compulsory purchase and requisition of property are only carried out when the State has a need to use the property but other mobilization measures cannot be implemented, in one of the following cases:

- When the country is in a state of war or in a state of national defense emergency according to the provisions of the law on national defense and the law on states of emergency;

- When national security is at risk of being threatened according to the provisions of the law on national security;

- When important national security goals are likely to be violated or need enhanced protection according to the provisions of national defense and national security laws;

- When faced with the risk or to mitigate the consequences of disasters caused by natural calamities, widespread epidemics, or if timely prevention is not implemented, which can result in severe impacts on the lives, health, and assets of the people, as well as state property.

4. Responsibility for state management of compulsory purchases and requisitions of property in Vietnam

State management responsibilities for compulsory purchase and requisition of property according to Article 9 of the Law on Compulsory Purchase and Requisition of Property 2008 are as follows:

- The Government unifies state management of compulsory purchases and requisitions of property nationwide.

- The Ministry of Finance is responsible before the Government for implementing state management of compulsory purchases and requisitions of property and has the following tasks and powers:

+ Submit to competent state agencies for promulgation or promulgate according to authority legal documents on compulsory purchase and requisition of property;

+ Instruct ministries, branches, and localities to carry out mandatory purchases and requisitions of property according to the provisions of law;

+ Instruct the use of state budget according to the provisions of law on state budget to pay for property acquisition and compensation for damages caused by the requisition of property to the person who owns the property, and the person mobilized to operate and control the requisitioned property according to the provisions of the Law on Compulsory Purchase and Requisition of Property 2008;

+ Inspect and check compliance with legal regulations on compulsory purchase and requisition of property according to authority;

+ Resolve complaints and denunciations about the compulsory purchase and requisition of property according to authority;

- Ministries and ministerial-level agencies, within the scope of their duties and powers, coordinate with the Ministry of Finance to carry out state management of compulsory purchases and requisitions of property.

- Provincial People's Committees, within the scope of their duties and powers, carry out state management of compulsory purchases and requisitions of property.

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