Law on Acquisition and Expropriation of Property No. 15/2008/QH12

LAW

Acquisition and Compulsory Use of Property

 ________________

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Law on Acquisition and Compulsory Use of Property,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates matters concerning acquisition and compulsory use of property; rights and responsibilities of state agencies in the process of acquisition and compulsory use of property; rights and obligations of subjects whose property is acquired or compulsorily used; rights and obligations of other related parties in the process of acquisition and compulsory use of property.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Acquisition of Property is the act whereby the State purchases property of organizations (excluding state agencies, public service units, people's armed forces units), individuals, and households through administrative decisions when truly necessary for reasons of national defense, security, and national interest.

2. Compulsory Use of Property is the act whereby the State uses property of organizations, individuals, households, and community residents for a limited period through administrative decisions when truly necessary for reasons of national defense, security, and national interest.

3. Subject with Acquired Property is an organization, individual, household within the country, or an organization, individual from abroad that has ownership rights over the property subject to acquisition.

4. Subject with Compulsorily Used Property is an organization, individual, household, or community resident within the country, or an organization, individual from abroad that has ownership rights or usage rights over the property subject to compulsory use.

Article 3. Policy on Acquisition and Compulsory Use of Property

1. The State recognizes and protects the lawful ownership and usage rights over property of organizations, individuals, households, and community residents.

2. Subjects with acquired property shall be compensated for the acquisition price of the property; subjects with compulsorily used property who suffer losses due to the compulsory use shall be compensated according to market value.

3. The State encourages and acknowledges in writing the voluntary donation or gift of property to the State or the use of property without compensation by the State in cases of acquisition or compulsory use of property.

Article 4. Principles of Acquisition and Compulsory Use of Property

1. Acquisition and compulsory use of property can only be carried out when truly necessary for reasons of national defense, security, and national interest.

2. Acquisition and compulsory use of property must ensure the lawful rights and interests of the subjects with property and must not involve discrimination.

3. Acquisition and compulsory use of property must be implemented based on the decision of the competent authority and must comply with the conditions, procedures, and formalities prescribed in this Law.

4. Subjects with acquired or compulsorily used property must comply with the decision on acquisition or compulsory use of property made by the competent authority.

5. Management and utilization of acquired or compulsorily used property must be in accordance with the intended purpose, be economical, and be effective.

Article 5. Conditions for Acquisition and Compulsory Use of Property

Acquisition and compulsory use of property can only be carried out when the State has a need to use the property and other mobilization measures cannot achieve this, and such need falls under one of the following circumstances:

1. When the country is in a state of war or in a state of emergency regarding national defense as defined by laws on national defense and laws on emergency situations;

2. When national security is at risk of being threatened as defined by laws on national security;

3. When important targets for national security are at risk of being violated or require enhanced protection as defined by laws on national defense and laws on national security;

4. When it is necessary to respond to threats or to mitigate disasters caused by natural calamities or epidemics on a large scale, or if not promptly prevented, will result in serious consequences to human lives, health, and property of the people, and property of the State.

Article 6. Form and Effectiveness of the Decision on Purchase for Public Use and Compulsory Acquisition of Property

1. The decision on purchase for public use of property must be expressed in writing.

2. The decision on compulsory acquisition of property must be expressed in writing; in special cases where it is not possible to issue the decision in writing, the person authorized to make the decision on compulsory acquisition may make such a decision orally to carry out assigned tasks but must have a confirmation letter.

3. The decision on purchase for public use and compulsory acquisition of property becomes effective from the date of issuance.

Article 7. Revocation of the Decision on Purchase for Public Use and Compulsory Acquisition of Property

1. The decision on purchase for public use and compulsory acquisition of property shall be revoked in the following cases:

a) The decision on purchase for public use and compulsory acquisition of property contravenes the provisions of this Law;

b) When the decision on purchase for public use and compulsory acquisition of property has not been implemented but the conditions for purchase for public use and compulsory acquisition of property stipulated in Article 5 of this Law no longer exist;

c) When the decision on purchase for public use and compulsory acquisition of property has not been implemented but due to objective reasons, the property no longer exists.

2. In case any of the situations specified in Clause 1 of this Article occur, the person authorized to issue the decision on purchase for public use and compulsory acquisition of property shall be responsible for revoking the decision on purchase for public use and compulsory acquisition of property; if the Minister, Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to collectively as the provincial People's Committee) does not decide to revoke the decision on purchase for public use and compulsory acquisition of property,

3. The decision to revoke the decision on purchase for public use and compulsory acquisition of property must be expressed in writing and becomes effective from the date of issuance; the person whose property is subject to purchase for public use and compulsory acquisition shall receive the decision to revoke the decision on purchase for public use and compulsory acquisition of property.

4. In case the decision on purchase for public use of property specified in point a, Clause 1 of this Article is revoked and the purchased property has already been handed over and received and the person whose property is subject to purchase for public use does not reclaim the property, the person whose property is subject to purchase for public use shall be paid according to the provisions of Article 19 of this Law; if the person whose property is subject to purchase for public use reclaims the property and the purchase for public use has caused damage to them, they shall be compensated according to the provisions of Article 34 of this Law.

5. In case the decision on compulsory acquisition of property specified in point a, Clause 1 of this Article is revoked and the acquired property has already been handed over and received and the compulsory acquisition has caused damage, the person whose property is subject to compulsory acquisition shall be compensated according to the provisions of Article 34 of this Law.

Article 8. Ownership and Right to Use Property Subject to Purchase for Public Use and Compulsory Acquisition

1. Ownership of property subject to purchase for public use belongs to the State from the time the decision on purchase for public use of property becomes effective.

2. Ownership of property subject to compulsory acquisition still belongs to the person whose property is subject to compulsory acquisition; the right to manage and use property subject to compulsory acquisition during the period of compulsory acquisition belongs to the State.

Article 9. State Management Responsibilities for Purchase for Public Use and Compulsory Acquisition of Property

1. The Government uniformly manages state affairs regarding purchase for public use and compulsory acquisition of property throughout the country.

2. The Ministry of Finance is responsible before the Government for implementing state management of purchase for public use and compulsory acquisition of property and has the following tasks and powers:

a) Submitting to competent state agencies for promulgation or promulgating within its authority normative legal documents on purchase for public use and compulsory acquisition of property;

b) Guiding ministries, sectors, localities to implement purchase for public use and compulsory acquisition of property in accordance with the law;

c) Guiding the use of state budget funds in accordance with the law on state budget to pay for purchase for public use of property and compensate for losses caused by compulsory acquisition of property to the person whose property is subject to compulsory acquisition and the person mobilized to operate and control the acquired property according to the provisions of this Law;

d) Inspecting and supervising compliance with legal provisions on purchase for public use and compulsory acquisition of property within its authority;

e) Resolving complaints and denunciations about purchase for public use and compulsory acquisition of property within its authority;

3. Ministries, ministerial-level agencies within their respective tasks and powers cooperate with the Ministry of Finance to implement state management of purchase for public use and compulsory acquisition of property.

4. Provincial People's Committees within their respective tasks and powers implement state management of purchase for public use and compulsory acquisition of property.

Article 10. Rights and Obligations of the Owner of Seized or Conscripted Property

1. The owner of seized or conscripted property has the following rights:

a) To be paid for the purchase price of the seized property; to have the conscripted property returned and to be compensated for damages caused by the conscription of the property;

b) To be rewarded for achievements and contributions in the activities of seizing and conscripting property according to the provisions of the law;

c) To lodge complaints, file accusations, and initiate lawsuits regarding the seizure and conscription of property according to the provisions of the law.

2. The owner of seized or conscripted property has the obligation to comply with the decision on the seizure and conscription of property.

Article 11. Management and Storage of Documents Related to the Seizure and Conscripting of Property

Documents related to the seizure and conscription of property must be recorded in a dossier and managed and stored according to the provisions of the law.

Article 12. Prohibited Acts

1. Seizing or conscripting property not in accordance with the objects, conditions, authority, and procedures stipulated in this Law.

2. Taking advantage of positions and powers in the process of seizing or conscripting property for embezzlement, corruption, profiteering, or other personal purposes.

3. Delaying, refusing, or opposing the implementation of decisions on the seizure and conscription of property, and decisions on mobilizing operators and controllers of conscripted property.

4. Selling, exchanging, giving away, or engaging in other civil transactions that change ownership of property already decided to be seized.

5. Destroying or altering the status of property already decided to be seized or conscripted.

6. Obstructing or inciting others to obstruct the seizure and conscription of property.

7. Managing and using seized or conscripted property contrary to the provisions of the law.

Chapter II

SEIZURE OF PROPERTY

Article 13. Objects Subject to Seizure

1. Houses and other assets attached to land as provided for in Clause 1, Article 5 of this Law.

2. Medicines, foodstuffs, tools, equipment, and other essential materials and supplies.

3. Transportation vehicles, communication devices, and other technical means.

Article 14. Authority to Decide on the Seizure of Property

1. The Prime Minister decides on the seizure of property as provided for in Clause 1, Article 13 of this Law.

2. The Minister of Finance, the Minister of National Defense, the Minister of Public Security, the Minister of Transport, the Minister of Agriculture and Rural Development, the Minister of Health, the Minister of Industry and Trade, and the Chairman of the People's Committee of the province within their respective duties and powers decide on the seizure of property as provided for in Clauses 2 and 3, Article 13 of this Law.

3. The authorities specified in Clauses 1 and 2 of this Article shall not delegate or decentralize the authority to decide on the seizure of property.

Article 15. Content of the Decision on the Seizure of Property

1. The decision on the seizure of property includes the following main contents:

a) Name, position, and workplace of the person deciding on the seizure of property;

b) Name and address of the owner of the seized property;

c) Name and address of the organization entrusted with managing and using the seized property;

d) Purpose of the seizure;

đ) Name, type, quantity, and condition of the seized property;

e) Purchase price of the seized property (if agreed upon);

g) Time and place of delivery and receipt of the seized property;

h) Deadline, form, and place of payment for the purchase price of the seized property.

2. The decision on the seizure of property must be immediately handed over to the owner of the seized property; if the owner of the seized property is absent, the decision on the seizure of property must be handed over to the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee at the commune level) where the seized property is located.

Article 16. Transfer and Acceptance of Seized Assets

1. The transfer and acceptance of seized assets shall be carried out according to the objects, time, and location specified in the decision on seizing assets. In cases where the law requires a certificate of ownership for the asset, relevant documents related to the ownership of the asset must be attached; if due to objective reasons such documents cannot be provided, the transfer of the asset shall be conducted based on its current condition.

2. Participants in the transfer and acceptance of seized assets include:

a) The owner of the seized asset or their lawful representative;

b) A representative of the organization entrusted with managing and using the seized asset.

3. The transfer and acceptance of seized assets must be recorded in a protocol. The main contents of the protocol include:

a) The name and address of the owner of the seized asset or their lawful representative;

b) The name and address of the organization entrusted with managing and using the seized asset;

c) The name, type, quantity, and condition of the seized asset at the time of transfer and acceptance;

d) The time and location of the transfer and acceptance of the seized asset;

đ) The list of accompanying documents and papers (if any).

4. If the owner of the seized asset or their lawful representative is not present at the location of the transfer and acceptance of the seized asset within the prescribed period, their absence must be clearly noted in the transfer and acceptance protocol and confirmed by the People's Committee of the commune where the seized asset is located.

Article 17. Forced Execution of the Decision to Seize Assets

In cases where the decision to seize assets has been implemented in accordance with the provisions of the law but the owner of the seized asset does not comply, the person who made the decision to seize assets issues a decision on forced execution and organizes the forced execution, or assigns it to the Chairman of the People's Committee of the district, town, city under province (hereinafter referred to collectively as the People's Committee of the district) where the seized asset is located to organize the forced execution.

Article 18. Price of Seized Assets

1. The determination of the price of seized assets is regulated as follows:

a) The price of seized assets is determined based on the prevailing market price in the locality of similar assets or those with the same technical standards, quality, and origin at the time of the decision to seize assets;

b) In cases where the market price of the seized asset is higher at the time of payment for the seized asset compared to the market price at the time of the decision to seize assets, the price of the seized asset shall be calculated based on the market price at the time of payment;

c) For immovable property, technical equipment, or other assets where accurately determining the price is difficult at the time of seizing assets, the person authorized to make the decision to seize assets may establish a committee to determine the price of the seized asset.

2. The price of seized assets is agreed upon between the owner of the seized asset and the person authorized to make the decision to seize assets according to the principle stipulated in point a, Clause 1 of this Article and recorded in the decision to seize assets. In cases where no agreement can be reached, the person authorized to make the decision to seize assets determines the price of the seized asset; if the owner of the seized asset disagrees with this price, they must still comply but have the right to lodge a complaint.

Article 19. Payment for Acquisition of Assets

1. The payment for acquisition of assets shall be made in one lump sum to the owner of the acquired asset within the following time limits:

a) Not exceeding forty-five days from the date the decision on the acquisition of assets becomes effective, as provided for in Clause 1 of Article 5 of this Law;

b) Not exceeding thirty days from the date the decision on the acquisition of assets becomes effective, as provided for in Clauses 2, 3, and 4 of Article 5 of this Law.

2. In cases where it is not possible to make the payment within the time limit specified in Clause 1 of this Article due to force majeure, an extension may be granted, but the extension period shall not exceed forty-five days for the case specified in point a of Clause 1 of this Article, and not more than thirty days for the case specified in point b of Clause 1 of this Article. The extension must be notified in writing to the owner of the acquired asset before the end of the payment deadline specified in point a or point b of Clause 1 of this Article.

3. The Ministry of Finance and local financial agencies are responsible for making the payment for acquisition of assets to the owner of the acquired asset in accordance with the provisions of Clause 1 and Clause 2 of this Article and the regulations on state budget.

Article 20. Funding for Payment for Acquisition of Assets

The funding for payment for acquisition of assets shall be covered by the state budget in accordance with the regulations on the state budget.

Article 21. Management and Use of Acquired Assets

The management and use of acquired assets shall be carried out in accordance with the laws on the management and use of state assets.

Article 22. Donation of Acquired Assets

If the owner of the acquired asset voluntarily donates the acquired asset to the State, the State is not required to pay for the donation. The donation shall be documented in writing.

Chapter III

ACQUISITION OF ASSETS

Article 23. Assets Subject to Acquisition

1. Houses, land, and other assets attached to the land.

2. Machinery, equipment, transportation vehicles, communication devices, and other technical means.

Article 24. Authority to Decide on Acquisition of Assets

1. The Minister of Finance, the Minister of National Defense, the Minister of Public Security, the Minister of Transport, the Minister of Agriculture and Rural Development, the Minister of Health, the Minister of Industry and Trade, and the Chairman of the People's Committee of the province within their respective duties and powers shall decide on the acquisition of assets as stipulated in Article 23 of this Law.

2. The authority holder specified in Clause 1 of this Article shall not delegate the authority to decide on the acquisition of assets.

Article 25. Content of Decision on Acquisition of Assets

1. The decision on acquisition of assets shall be in writing and contain the following main contents:

a) Name, position, and workplace of the person deciding on the acquisition of assets;

b) Name and address of the owner of the acquired asset or the person legally managing and using the acquired asset;

c) Name and address of the organization or individual assigned to manage and use the acquired asset;

d) Purpose and duration of the acquisition of assets;

đ) Name, type, quantity, and condition of each acquired asset;

e) Time and place of handover and receipt of the acquired asset.

2. The decision on acquisition of assets must be handed over to the owner of the acquired asset or the person legally managing and using the acquired asset; if the owner of the acquired asset or the person legally managing and using the acquired asset is absent, the decision on acquisition of assets must be handed over to the People's Committee of the commune where the acquired asset is located.

Article 26. Procedure for Deciding to Expropriate Property Verbally

1. The person authorized to decide on expropriation may decide to expropriate property verbally. When deciding to expropriate property verbally, the person authorized to decide on expropriation must immediately write a confirmation letter regarding the expropriation at the time of expropriation. The confirmation letter must clearly state the name, position, and workplace of the person authorized to decide on expropriation; the name and address of the owner of the expropriated property or the person legally managing and using the property; the name, type, quantity, and condition of each expropriated asset; the purpose and duration of the expropriation; the name and address of the organization or individual assigned to manage and use the expropriated property.

2. Within no more than forty-eight hours from the time of verbal decision to expropriate property, the agency of the person who decided to expropriate property verbally shall be responsible for confirming the expropriation in writing and sending a copy to the owner of the expropriated property or the person legally managing and using the property. The confirmation document must include the main contents prescribed in Clause 1 of Article 25 of this Law.

Article 27. Mobilizing Persons to Operate and Control Expropriated Property

1. In cases where expropriated property requires persons to operate and control it but the organization or individual assigned to manage and use the expropriated property does not have such persons, the person deciding on expropriation may mobilize the persons currently operating and controlling the expropriated property to continue doing so.

2. The decision to mobilize persons to operate and control expropriated property shall include the following main contents:

a) Name, position, and workplace of the person making the mobilization decision;

b) Name and address of the person being mobilized;

c) Purpose of mobilization;

d) Time and duration of mobilization.

3. The decision to mobilize persons to operate and control expropriated property must be in writing and must be handed over to the person being mobilized. In special cases where a written decision cannot be issued, the person authorized to decide on expropriation may mobilize persons to operate and control expropriated property verbally and must immediately issue a confirmation letter regarding the mobilization at the time of mobilization. The confirmation letter must include the main contents prescribed in Clause 2 of this Article.

4. The person mobilized to operate and control expropriated property has the obligation to comply with the mobilization decision.

Article 28. Duration of Expropriation

1. The duration of expropriation begins from the date the expropriation decision takes effect until:

a) Not exceeding thirty days, counted from the date the state of war or emergency is lifted as provided in Clause 1 of Article 5 of this Law;

b) Not exceeding thirty days, for cases provided in Clauses 2, 3, and 4 of Article 5 of this Law.

2. If the purpose of expropriating property has not been completed by the end of the expropriation period specified in Clause 1 of this Article, it may be extended, but the extension period shall not exceed fifteen days.

3. The decision to extend the expropriation period must be in writing and sent to the owner of the expropriated property before the end of the expropriation period.

Article 29. Transfer and Acceptance of Seized Assets

1. The transfer and acceptance of seized assets shall be carried out in accordance with the objects, time, and location specified in the asset seizure decision.

2. The participants in the transfer and acceptance of seized assets include:

a) The owner of the seized asset, the lawful representative or the person currently managing and using the asset lawfully;

b) Individuals or representatives of organizations entrusted to manage and use the seized asset.

3. The transfer and acceptance of seized assets must be recorded in a protocol. The main contents of the protocol include:

a) The name and address of the organization, and the name and address of the individual entrusted to manage and use the seized asset;

b) The name and address of the owner of the seized asset, the lawful representative or the person currently managing and using the asset lawfully;

c) The name, type, quantity, and condition of each seized asset at the time of transfer and acceptance;

d) The time and location of the transfer and acceptance of seized assets.

4. In cases where the owner of the seized asset, the lawful representative, or the person currently managing and using the asset lawfully is not present at the transfer and acceptance location as stipulated, their absence must be clearly noted in the transfer and acceptance protocol and confirmed by the People's Committee of the commune where the seized asset is located.

Article 30. Transfer and Acceptance of Assets in Cases of Oral Asset Seizure Decisions

The person managing and using the seized asset must immediately hand over the asset to the individual or representative of the organization entrusted to manage and use the seized asset upon receipt of the oral asset seizure decision.

Article 31. Forced Execution of Asset Seizure Decisions

If the asset seizure decision has been implemented in accordance with the provisions of the law but the owner of the seized asset does not comply, the person issuing the asset seizure decision shall issue a forced execution decision and organize its enforcement or entrust the Chairman of the People's Committee of the district where the seized asset is located to organize the enforcement.

Article 32. Management and Use of Seized Assets

Organizations and individuals entrusted to manage and use seized assets have the following responsibilities:

1. To use the asset for the intended purpose, economically, and effectively;

2. To maintain, repair, and service the asset during the period of seizure.

Article 33. Return of Seized Assets

1. Seized assets shall be returned when the seizure period ends as specified in the asset seizure decision.

2. The decision to return seized assets must be documented in writing and contain the following main contents:

a) The name and address of the organization, and the name and address of the individual entrusted to manage and use the seized asset;

b) The name and address of the owner of the seized asset or the person managing and using the asset lawfully;

c) The name, type, quantity, and condition of each asset being returned;

d) The time and location of returning the asset.

3. Participants in the return of seized assets:

a) Individuals or representatives of organizations entrusted to manage and use the seized asset;

b) The owner of the seized asset, the lawful representative, or the person managing and using the asset lawfully.

4. The return of seized assets must be recorded in a protocol. The main contents of the protocol include:

a) The name and address of the owner of the seized asset, the lawful representative, or the person managing and using the asset lawfully;

b) The name and address of the organization, and the name and address of the individual entrusted to manage and use the asset;

c) The name, type, quantity, and condition of each asset being returned;

d) The time and location of returning the asset.

5. In cases where the owner of the seized asset or the person managing and using the asset lawfully does not come to collect the asset, the organization or individual entrusted to manage and use the seized asset continues to manage it, and the asset will be handled according to the provisions of civil law. If the owner of the seized asset voluntarily donates the asset to the State, state ownership of the asset will be established. The donation of the asset must be documented in writing.

Article 34. Compensation for Damage Caused by the Expropriation of Property

1. The owner of expropriated property shall be compensated for damage in the following cases:

a) The expropriated property is lost;

b) The expropriated property is damaged;

c) The owner of the expropriated property suffers income loss directly caused by the expropriation of the property.

2. The level of compensation for damage caused by the expropriation of property shall be agreed upon between the person deciding to expropriate the property and the owner of the expropriated property according to the principles set forth in Articles 35, 36, and 37 of this Law. In case of disagreement, the person deciding to expropriate the property shall determine the level of compensation; if the owner of the expropriated property disagrees with the level of compensation, they must still comply but have the right to lodge a complaint. In necessary cases, the authorized person deciding to expropriate the property may establish a committee to determine the level of compensation.

3. In the case where the owner of the expropriated property does not accept compensation, it shall be recorded in the return receipt of the property.

4. In the case where the expropriated property is state property transferred to state agencies or public service units and is lost or damaged, funds shall be allocated according to the laws on the state budget to purchase new or repair the property.

Article 35. Compensation for Damage in Case of Loss of Expropriated Property

1. In the case where the expropriated property is lost, compensation shall be made in cash.

2. The amount of cash compensation shall be determined based on the market price of similar property or property with the same technical standards, quality, and degree of wear at the time of payment.

3. In the case where the lost property was insured or subject to stamp duty, the compensation amount shall include insurance costs and stamp duty.

Article 36. Compensation for Damage in Case of Damage to Expropriated Property

1. In the case where the expropriated property is damaged, compensation shall be carried out in one of the following forms:

a) Organizations or individuals responsible for managing and using the expropriated property shall repair and restore the property and return it to the owner of the expropriated property;

b) The owner of the expropriated property shall be compensated for related expenses according to the market price at the time of returning the property to self-repair and restore the property.

2. In the case where the expropriated property is land, compensation shall be carried out in one of the following forms:

a) Organizations or individuals responsible for managing and using the expropriated property shall restore the surface and return it to the owner of the expropriated property;

b) The owner of the expropriated property shall be compensated for expenses to restore the surface according to the market price at the time of returning the property to self-restore.

3. In the case where the expropriated property is damaged and cannot be repaired or restored, compensation shall be made according to the provisions of Article 35 of this Law.

Article 37. Compensation for Income Loss Directly Caused by the Expropriation of Property

1. In the case where the owner of the expropriated property suffers income loss due to the direct impact of the expropriation of the property, the level of compensation shall be determined based on the actual income loss from the date of transferring the expropriated property to the date of returning the expropriated property as recorded in the decision to return the property.

2. The actual income loss shall be determined as follows:

a) For properties available for rent on the market, the loss shall be determined in accordance with the rental price of similar properties or properties with the same technical standards and quality at the time of expropriation;

b) For properties not available for rent on the market, the loss shall be determined based on the income generated by the expropriated property under normal conditions prior to expropriation.

Article 38. Payment of Compensation for Damage Caused by the Use of Property

1. The compensation for damage caused by the use of property shall be paid in one lump sum within a period not exceeding thirty days from the date of return of the property.

2. In cases where it is impossible to make payment on time according to the deadline stipulated in Clause 1 of this Article due to force majeure, the deadline may be extended but the extension period shall not exceed thirty days. The extension must be notified in writing to the person whose property was used before the end of the payment deadline specified in Clause 1 of this Article.

3. The compensation for damage caused by the use of property shall be directly paid to the person whose property was used.

4. The Ministry of Finance and local financial authorities have the responsibility to pay compensation for damage caused by the use of property to the person whose property was used in accordance with the provisions of this Law. If the compensation payment is delayed, interest must be paid at the basic interest rate published by the State Bank at the time of payment.

Article 39. Compensation for Damage to Persons Mobilized to Operate and Control Used Property

1. During the period they are mobilized to operate and control used property, the persons mobilized shall be compensated for damage based on their average monthly income over the three months immediately preceding the mobilization.

2. When implementing the mobilization decision of the competent authority as provided for in this Law, if the person mobilized to operate and control used property suffers damage to life or health, compensation shall be provided as follows:

a) In cases of illness or accidents resulting in damage to health, expenses for medical treatment, rehabilitation, and recovery of health shall be covered.

b) In cases of illness or accidents causing a reduction or complete loss of working capacity, compensation shall be provided according to the degree of reduction in working capacity as prescribed by labor laws.

c) In cases of illness or accidents resulting in death, expenses for burial and maintenance payments for those whom the injured person is legally obligated to support shall be compensated.

d) In cases of injury or death that meet the conditions, benefits under the regulations of the law on persons with meritorious service shall be enjoyed.

Article 40. Budget for Compensation for Damage Caused by the Use of Property

1. The budget for compensation for damage caused by the use of property shall be funded from the state budget in accordance with the provisions of the law on the state budget.

2. For used property that has been insured and suffered damage but was not compensated by the insurance company or the amount compensated by the insurance company is lower than the compensation amount the owner of the used property is entitled to, the difference shall be paid from the state budget.

Chapter IV

IMPLEMENTING PROVISIONS

Article 41. Amendment and Supplement of Certain Provisions of Laws and Codes

1. Delete the phrase "purchase requisition" in paragraph 2, Clause 1, Article 270 of the Criminal Code No. 15/1999/QH10 and amend this paragraph as follows:

"Improperly constructed buildings and structures may be demolished or confiscated."

2. Delete the phrase "use requisition" in Article 55 of the Law on Prevention and Control of Infectious Diseases No. 03/2007/QH12 and amend and supplement this article as follows:

"Article 55. Mobilization of Resources for Epidemic Control Activities
1. Based on the nature, severity, and scale of the epidemic threatening public health, the competent authority may mobilize people, material resources, medical equipment, medicines, chemicals, medical supplies, public service facilities, transportation means, and other resources to combat the epidemic. Transportation means participating in epidemic control activities shall be given priority according to traffic laws.
2. Mobilized assets, if returned, must be sanitized, disinfected, and cleaned before being returned.

3. The Government and People's Committees at all levels shall ensure the necessary conditions for implementing epidemic control measures as prescribed by this Law."

3. Replace the phrase "use requisition" with the phrase "mobilization" in Clause 8, Article 14 of the Law on Public Security Forces No. 54/2005/QH11 and amend and supplement this clause as follows:

"8. In urgent situations, decisions or recommendations can be made to temporarily suspend or halt the operations of organizations, individuals causing harm to national security and social order and safety, and to mobilize transportation, communication, and other technical means of organizations, individuals, and their operators and users in accordance with the law."

4. Replace the phrase "use requisition of land" with the phrase "decision to use land for a limited period" in Point d, Clause 2, Article 35 of the Law on Dikes No. 79/2006/QH11 and amend and supplement this point as follows:

"d) In emergency situations involving flood, storm, typhoon, or other natural disasters requiring the use of land, the Chairperson of the Provincial or District People's Committee may decide to use land for a limited period. The Government shall specify detailed regulations on returning the land and compensating losses for individuals whose land is decided to be used for a limited period by the State."

5. Replace the phrase "use requisition of land" with the phrase "decision to use land for a limited period" in Point a, Clause 8, Article 42 of the Law on Dikes No. 79/2006/QH11 and amend and supplement this point as follows:

"a) Guide compensation for organizations and individuals whose land is expropriated or decided to be used for a limited period for the construction, repair, upgrading, and reinforcement of dikes and flood, storm, and typhoon prevention works."

6. Repeal Article 45 of the Land Law No. 13/2003/QH11.

7. The Standing Committee of the National Assembly and the Government within their respective mandates shall be responsible for amending and supplementing regulations on purchase requisition and use requisition of property in normative legal documents issued by them to ensure consistency with the provisions of this Law.

Article 42. Effective Date

1. This Law shall take effect from January 1, 2009.

2. For cases where the State has already carried out purchase requisition or use requisition of property from organizations, households, individuals, and communities before the effective date of this Law, the provisions of the law at the time of purchase requisition or use requisition shall apply.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the twelfth session, third meeting, on June 3, 2008./.