Procedures for oral requisition of property in Vietnam

Procedures for oral requisition of property in Vietnam (Internet image)

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

1. Procedures for oral requisition of property in Vietnam 

The procedures for oral requisition of property according to Article 26 of the Law on Compulsory Purchase and Requisition of Property 2008 are as follows:

- The person with the authority to decide on the requisition of property can decide on the oral requisition of property. When deciding on the oral requisition of property, the person with the authority to decide on the requisition of property must write a confirmation of the requisition of property at the time of requisition.

The confirmation document must clearly state the full name, position, and working unit of the person with the authority to decide on the requisition of property; the name and address of the person with the requisitioned property or the person currently managing and legally using the property; the name, type, quantity, and condition of each requisitioned property; the purpose and duration of the requisition; the name and address of the organization; and the name and address of the individual assigned to manage and use the requisitioned property.

- Within forty-eight hours from the time of deciding on the oral requisition of property, the agency of the person who made the decision must confirm in writing the requisition of property and send a copy to the person with the requisitioned property or the person currently managing and legally using the property. The confirmation document must contain the main contents as prescribed in Clause 1 of Article 25 of the Law on Compulsory Purchase and Requisition of Property 2008.

2. Contents of the decision on the requisition of property in Vietnam

The contents of the decision on requisition of property according to Article 25 of the Law on Compulsory Purchase and Requisition of Property 2008 are as follows:

- The written decision on the requisition of property must include the following main contents:

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

+ Name and address of the person with the requisitioned property or the person currently managing and legally using the requisitioned property;

+ Name, address of the organization, and the name and address of the individual assigned to manage and use the requisitioned property;

+ Purpose and duration of the requisition of property;

+ Name, type, quantity, and condition of each requisitioned property;

+ Time and place of handover and receipt of the requisitioned property.

- The decision on the requisition of property must be delivered to the person with the requisitioned property or the person currently managing and legally using the property. In the case where the person with the requisitioned property or the person currently managing and legally using the requisitioned property is absent, the decision on the requisition of property must be delivered to the People's Committee at the commune level where the requisitioned property is located.

3. Regulations on handover and receipt of requisitioned property in Vietnam 

The regulations on handover and receipt of requisitioned property according to Article 29 of the Law on Compulsory Purchase and Requisition of Property 2008 are as follows:

- The handover and receipt of requisitioned property must be carried out according to the designated target, time, and place stated in the decision on requisition of property.

- The participants in the handover and receipt of requisitioned property include:

+ The person with the requisitioned property, their legal representative, or the person currently managing and legally using the property;

+ Individuals or representatives of organizations assigned to manage and use the requisitioned property.

- The handover and receipt of requisitioned property must be documented in a record. The main contents of the record include:

+ Name, address of the organization, and the name and address of the individual assigned to manage and use the requisitioned property;

+ Name, address of the person with the requisitioned property, their legal representative, or the person currently managing and legally using the requisitioned property;

+ Name, type, quantity, and condition of each requisitioned property at the time of handover and receipt;

+ Time and place of handover and receipt of the requisitioned property.

- In the case where the person with the requisitioned property, their legal representative, or the person currently managing and legally using the requisitioned property is not present at the designated handover and receipt location and time, the record of the handover and receipt of property must clearly state their absence and be confirmed by the People's Committee at the commune level where the requisitioned property is located.

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