What is property requisition? Procedures for deciding to requisition properties verbally in Vietnam

What is property requisition? Procedures for deciding to requisition properties verbally in Vietnam (Internet image)

Regarding this issue, LawNet answers as follows:

1. What is property requisition?

According to Clause 2, Article 2 of the Law on requisition and compulsory acquisition of property 2008, property requisition is the State's use of the properties of organizations, individuals, households, and communities for a limited period of time.
adopt administrative decisions in cases where it is absolutely necessary for reasons of national defense, security, and national interests.

2. Procedures for deciding to requisition properties verbally in Vietnam

Procedures for deciding to requisition properties verbally according to Article 26 of the Law on requisition and compulsory acquisition of property 2008 are as follows:

- The person with authority to decide to requisition properties may decide to requisition properties verbally. When deciding to requisition property verbally, the person with the authority to decide to requisition property must write a paper confirming the requisition of property at the time of requisition.

The content of the confirmation must clearly state the full name, position, and work unit of the person with authority to decide to requisition properties; the name and address of the person who has the requisitioned property or the person who is legally managing and using the property; the name, type, quantity, and current status of each requisitioned property; the purpose and duration of the requisition; the name and address of the organization; and the full name and address of the individual assigned to manage and use requisitioned properties.

- No later than forty-eight hours from the time of the verbal decision to requisition property, the agency of the person who has decided to requisition properties verbally is responsible for confirming in writing the requisition of properties and sending a copy to the person who has the requisitioned properties or the person who is legally managing and using the properties. .

The confirmation document must contain the main contents specified in Clause 1, Article 25 of the Law on requisition and compulsory acquisition of property 2008.

3. Time limit for property requisition in Vietnam

The time limit for requisitioning properties according to Article 28 of the Law on requisition and compulsory acquisition of property 2008 is as follows:

- The time limit for requisitioning properties begins from the time the requisition decision takes effect until:

+ No more than thirty days from the date of abolition of the state of war or state of emergency for the cases specified in Clause 1, Article 5 of the Law on requisition and compulsory acquisition of property 2008;

+ No more than thirty days for the cases specified in Clauses 2, 3, and 4 of Article 5 of the Law on requisition and compulsory acquisition of property 2008.

- In case of the expiration of the property requisition period specified in Clause 1, Article 28 of the Law on requisition and compulsory acquisition of property 2008, but the purpose of the property requisition has not been completed, it can be extended but the extension period must not exceed fifteen days.

- The decision to extend the requisition of properties must be made in writing and sent to the person whose properties are requisitioned before the end of the requisition period.

4. Regulation on handing over and receiving requisitioned properties in Vietnam

According to Article 29 of the Law on requisition and compulsory acquisition of property 2008, regulations on handover and receipt of requisitioned properties are as follows:

- The handover and receipt of requisitioned properties are carried out according to the subjects, time, and location specified in the decision to requisition properties.

- Participants in handing over and receiving requisitioned properties include:

+ The person who has the requisitioned property, the legal representative, or the person who is legally managing and using the property;

+ Individuals and representatives of organizations assigned to manage and use requisitioned properties.

- The handover and receipt of requisitioned properties must be recorded in writing. The main content of the minutes includes:

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

+ Name and address of the person who has the requisitioned property, the legal representative, or the person who is legally managing and using the requisitioned property;

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

+ Time and location of handover and receipt of requisitioned properties.

- In the event that the person who has the requisitioned property, the legal representative, or the person who is legally managing and using the requisitioned property is not present at the location of handing over and receiving the property within the prescribed time in the minutes of handover and receipt of properties, their absence must be clearly stated and certified by the People's Committee of the commune where the requisitioned properties are located.

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