Regulations on return of requisitioned property and compensation for damage in Vietnam

Return of requisitioned property in Vietnam

The return of requisitioned property shall comply with the provisions of Article 33 of the Law on expropriation and requisition of property 2008, specifically as follows:

- The requisitioned property shall be returned at the end of the requisition period according to the asset requisition decision.

A decision on the return of requisitioned property must be made in writing and must contain the following principal contents:

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

+ Name and address of the person who has the property requisitioned or the person who manages and uses the property legally;

+ Name, type, quantity, and current status of each returned property;

Time and place of return of property.

Participating in the return of requisitioned property:

+ Individuals and representatives of organizations assigned to manage and use requisitioned assets;

+ The person having the requisitioned property, the legal representative, or the person who legally manages and uses the property.

- The return of the requisitioned property must be recorded in writing. The main contents of the minutes include:

+ Name and address of the person having the requisitioned property, the lawful representative or lawful manager, and the user of the requisitioned property;

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

+ Name, type, quantity, and current status of each returned property;

+ Time and place of return.

- In case the person with the requisitioned property or the lawful manager and user of the property does not come to receive the property, organizations and individuals assigned to manage and use the requisitioned property shall continue to manage it, and the property shall be handled according to the provisions of civil law. In the event that the person having the requisitioned property voluntarily donates or donates the property to the State, the state's ownership of such property shall be established. The donation or donation of property must be made in writing.

Regulations on return of requisitioned property and compensation for damage in Vietnam (Internet image)

Compensation for damage caused by the requisitioning of property in Vietnam

Persons with requisitioned property shall be compensated for damage in the following cases:

- The requisitioned property is lost;

- The requisitioned property is damaged;

- The person having the requisitioned property suffers income loss directly caused by the requisition of the property.

The level of compensation for damage caused by the requisition of property shall be agreed upon by the person deciding to requisition the property with the person having the requisitioned property according to the principles specified in Articles 35, 36, and 37 of the Law on expropriation and requisition of property 2008. In case no agreement is reached, the person deciding to requisition property shall decide on the compensation level; If the person with the requisitioned property disagrees with this compensation level, he/she still has to comply but has the right to complain. In cases of necessity, the person competent to decide on the requisition of property may set up a council to determine the level of compensation.

In case the person with the requisitioned property does not receive compensation, it shall be recorded in the record of property return.

In case the requisitioned property, which is state property assigned to state agencies or public non-business units, is lost or damaged, the funding shall be allocated according to the law on the state budget to buy new or repair it.

Pursuant to: Article 34 of the Law on expropriation and requisition of property 2008

Mai Thanh Loi

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