Ensuring harmony of interests between the State and the people when purchasing and requisitioning property

The draft amendments and supplements to a number of articles of the Law on Property Requisition and Confiscation are being appraised by the Ministry of Justice. — The draft amendments and supplements to a number of articles of the Law on Property Requisition and Confiscation are being appraised by the Ministry of Justice .

The draft amendments and supplements to a number of articles of the Law on Property Requisition and Confiscation, which is being appraised by the Ministry of Justice, have strongly decentralized the authority to decide on property requisition and confiscation.

The draft supplements the cases of property requisition and confiscation to be consistent with the 2013 Law on Natural Disaster Prevention and Control, the 2018 Law on National Defense (amended and supplemented in 2024), and the 2023 Law on Civil Defense; specifically, it expands the situations in which requisition and confiscation can be applied, including in a state of martial law. Accordingly, the phrase “for reasons of national defense, security and national interests” is replaced with “for reasons of national defense, security or national interests, a state of emergency, natural disaster prevention and control”.

Along with that, the draft adds the authority to decide on the purchase and requisition of assets to the leaders of many ministries, branches and provincial People's Committee chairmen in some cases instead of stipulating the authority belongs to the Prime Minister .

In particular, regulations on land requisition are clarified to avoid overlap with the 2024 Land Law.

Another noteworthy change is the addition of the right to appeal of property owners against decisions on property requisition and confiscation, and the regulation that complaints are resolved in accordance with the law on complaints; at the same time, clearly defining the principle of non-discrimination and ensuring the rights and legitimate interests of property owners when carrying out requisition and confiscation.

The responsibility for handling violations of the law on property requisition and confiscation has also been supplemented, including assigning the Ministry of Finance the task of inspection; and supplementing regulations on prohibited acts, including not canceling the decision on property requisition and confiscation when there is a case where cancellation is required.

The principle of compensation for damages is also a supplemented and improved content compared to current regulations, according to which the value of compensation for damages in case of requisitioned property being damaged, lost, or completely damaged is based on the market price at the time of return or compensation.

Regarding the subject of requisitioned assets, the draft proposes to research and add "livestock" to the list of requisitioned assets, especially for defense tasks such as guarding, communication, reconnaissance, anti-frogman, carrying weapons...

According to the draft law proposal, these amendments and supplements demonstrate the efforts of competent authorities in building a comprehensive, transparent and effective legal framework for property requisition and confiscation in Vietnam, while ensuring harmony of interests between the State and the people.

MR. PHUONG

Source: https://www.sggp.org.vn/dam-bao-hai-hoa-loi-ich-giua-nha-nuoc-va-nguoi-dan-khi-trung-mua-trung-dung-tai-san-post811349.html