What is reserve technical equipment? Regulations on compensation for loss or damage arising from mobilization or assembly of reserve technical equipment in Vietnam

What is reserve technical equipment? Regulations on compensation for loss or damage arising from mobilization or assembly of reserve technical equipment in Vietnam (Internet image)

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

1. What is reserve technical equipment?

According to Clause 3, Article 2 of the Law on Military Reserve Forces 2019, reserve technical equipment refers to property kept under the control of Vietnamese entities, organizations or citizens, including

- Means of road transport,

- Water transport,

- Civil aviation transport,

- Road and other construction equipment,

- Equipment designed for loading,

- Unloading of goods,

- Means of communication, medical equipment and supplies, and several other equipment and accessories, all of which are registered to meet infrastructure demands of People’s Armed Forces.

2. Rights and obligations of owners of reserve technical equipment and operators of reserve technical equipment in Vietnam

Rights and obligations of owners of reserve technical equipment and operators of reserve technical equipment under Article 5 of the Law on Military Reserve Forces 2019 are as follows:

- Owners of reserve technical equipment shall be obliged to comply with decisions on mobilization, assembly or concentration of reserve technical equipment; may be eligible for taking back reserve technical equipment, being paid fees and compensations for any loss or damage arising from mobilization or assembly of reserve technical equipment.

- Operators of reserve technical equipment shall be obliged to comply with mobilization decisions; may be granted allowance or other incentive policies prescribed herein.

3. Regulations on compensation for loss or damage arising from mobilization or assembly of reserve technical equipment in Vietnam

Regulations on compensation for damage caused by reserve technical means under Article 6 of the Law on Military Reserve Forces 2019 are as follows:

- Owners of reserve technical equipment may be entitled to compensation packages if:

= Such reserve technical equipment is damaged, lost or destroyed;

= These owners lose income owing to mobilization or assembly of reserve technical equipment.

- Persons authorized to make decisions on mobilization, assembly or concentration of reserve technical equipment shall be responsible for compensating for loss or damage incurred therefrom.

The rate of compensation and payment of compensation amounts to owners of reserve technical equipment shall be the same as compensation paid to persons whose property are legally appropriated by the state in accordance with laws on state procurement and appropriation of property.

In cases where reserve technical equipment to be mobilized or assembled is an asset that the State allocates to a state agency or public service provider, and such equipment is damaged, lost or destroyed, all repair or new purchase expenses shall be reimbursed in accordance with laws on state budget.

4. Regulations on registration and management of reserve technical equipment in Vietnam

Registration and management of reserve technical equipment according to Article 13 of the Law on Military Reserve Forces 2019 are as follows:

- Registration offices in charge of granting registration for ownership of means of civil aviation transport, water transport or inland water transport, which are affiliated to the Ministry of Transport, and registration offices in charge of granting registration for public fishery and fishery resources surveillance vessels, which are under the control of the Ministry of Agriculture and Rural Development, shall be responsible for annually providing information about registration of reserve technical equipment for the Ministry of National Defense for registration and management purposes.

- Local registration offices in charge of granting registration for ownership of means of inland water transport, road transport or means of communication or medical equipment or supplies shall be responsible for annually providing information about registration of reserve technical equipment for People’s Committees of districts where owners thereof reside for registration and management purposes.

- Commune-level People’s Committees, entities or organizations shall, on an annual basis, provide reports and information on reserve technical equipment not falling into the cases specified in clause 1 and 2 of Article 13 of the Law on Military Reserve Forces 2019 to People’s Committees of districts where owners thereof reside or these entities or organizations are based for registration and management purposes.

- The Government shall regulate the List of reserve technical equipment and registration or management of these reserve technical equipment.

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