Decree No. 68 on the Seizure, Expropriation, and Mobilization during the Resistance War Period

DECREE

Regarding the establishment of regulations on requisitioning, confiscation, and conscription

PRESIDENT OF THE VIETNAM DEMOCRATIC REPUBLICIC GOVERNMENT

At the proposal of the Minister of Justice and the Minister of Internal Affairs;

After the Council of Ministers has agreed;

ISSUES THE DECREE:

Article 1: During the period when the country still needs to protect and consolidate its independence throughout the territory of Vietnam, military or administrative authorities as specified in Article 3, if they cannot reach an agreement with individuals, shall have the right:

1- To requisition immovable property;

2- To confiscate or requisition movable property;

3- To conscript persons for necessary national purposes. When confiscating, requisitioning, or conscripting, the Government will compensate individuals according to the conditions set forth in this decree.

Article 2: When authorities confiscate something, meaning transferring ownership of that item to public authority, individuals are compelled to fully transfer that item to the State.

When the State requisitions something, meaning only using it temporarily, individuals remain the owners of the requisitioned property but must allow the State to use it for a clearly defined period or an undefined period. Upon completion of use, the State returns the property to the owner.

For immovable property, the State only requisitions and does not confiscate.

Requisitioning factories or private establishments means compelling those factories and establishments to produce, manufacture, transport, carry, or perform other tasks for the Government.

Conscripting people means compelling them to work for the State within a predetermined or undefined period on matters related to military service or other public duties.

Article 3: When requisitioning, confiscating, or conscripting is needed in a war zone, the order for requisitioning, confiscating, or conscripting shall be issued by the commander of that war zone, then reported to the Ministry of National Defense and the Ministry of Internal Affairs.

Ministers have the authority to issue conscription orders. The Minister of Internal Affairs, the Minister of National Defense, and the Minister of Transportation also have the additional authority to issue confiscation and requisition orders for matters related to their respective Ministries. The Minister of Internal Affairs may delegate the authority to issue confiscation and requisition orders to People's Committees at various levels or provincial-level People's Committees.

The Minister of Transportation may delegate the authority to issue confiscation and requisition orders to Public Works Directors at various levels.

Orders for confiscation or requisition must notify the owner of the property before seizing the items, except in urgent cases.

Article IV: The order for confiscation, requisition, or conscription must be written on a detachable sheet from a book with a stub. In the order, the name, position, and date of issuance of the person issuing the confiscation, requisition, or conscription order, the name of the owner of the confiscated or requisitioned property, the name of the person being conscripted, the date and place of execution of the confiscation, requisition, or conscription, the type of confiscated or requisitioned property, or the number of conscripted persons must be clearly stated. The authority issuing the confiscation, requisition, or conscription order signs the sheet.

Article V: Any official executing confiscation or requisition must hand over the confiscation or requisition order to the owner of the property. If it involves confiscation or requisition of assets, the owner of the property will prepare two detailed lists of immovable property requisitioned and movable property confiscated or requisitioned, then submit one list to the official executing the confiscation or requisition for verification and signature, while retaining the other copy. Upon return, a detailed inventory of the items must be prepared.

Article VI: At any time, the authorities may convert requisition into confiscation.

Article VII: The compensation amount for the owner of property confiscated or requisitioned shall be calculated based on the loss suffered by the owner at the time of confiscation or requisition.

For property that has been requisitioned, the compensation amount will be based on the loss due to the inability to use such property. The loss calculation will be based on the average income over the last five years prior to the date of requisition.

In the case where the authorities requisition property and later convert it to confiscation, or if the property must be returned to the owner but is lost, destroyed, or damaged, the compensation amount for the property owner will be calculated based on the value of the asset at the time of the initial requisition. If the property owner has already received some compensation for the requisition, this amount will be deducted from the total.

Article VIII: If an agreement cannot be reached with a private individual, the determination of compensation for the property owner will be handled by the Valuation Committees. A decree will specify the members of the committee, their duties, location, jurisdiction, and rules of operation.

Article IX: If property is confiscated, the compensation amount will be paid immediately. If property is requisitioned, the compensation amount will be paid in installments, with each period's duration agreed upon by the requisitioning authority and the requisitioned property owner, or determined by the Valuation Committee.

Article X: In the case of requisitioning a private factory or establishment, if an agreement cannot be reached with a private individual, the determination of compensation or the price of raw materials will be handled by a committee organized as described above.

Article XI: Persons conscripted do not receive any compensation. The State only reimburses them for travel expenses and pays them wages or fees during the time they work. At any time, the State may cease using their services.

Article XII: Any person who receives an order for confiscation, requisition, or conscription and fails to comply may be fined from one hundred dong (100 đ) to two thousand dong (2,000 đ) and imprisoned for six days to three months, or subject to one of these penalties. The court may suspend the sentence.

A repeat offender may be fined from three thousand dong (3,000 đ) to twenty thousand dong (20,000 đ) and imprisoned for two months to two years.

In addition to the punishments mentioned in the two preceding paragraphs, the court may also order the posting of the judgment in designated places. The offender will bear the costs of such postings.

The authority issuing the conscription order will determine the wage rate for workers based on local prices.

Article XIII: The Decree dated September 6, 1945, is hereby repealed.

Article XIV: The Ministers of the Ministry of Interior, Ministry of Defense, Ministry of Transportation, Ministry of Justice, and Ministry of Finance are entrusted with implementing this Decree.