Vietnam: Is it allowed to cut down a tree with roots and branches leaning towards the land of others?
- Are individuals in Vietnam allowed to plant trees with roots and branches leaning towards the land of others?
- Is it allowed to cut down a neighbor's tree in case the roots and branches extend beyond the defined boundaries in Vietnam?
- In what case is it allowed to cut down a neighbor's tree with his/her consent in case the roots and branches extend beyond the defined boundaries in Vietnam?
Are individuals in Vietnam allowed to plant trees with roots and branches leaning towards the land of others?
Pursuant to Article 175 of the Civil Code 2015 on boundaries between immovable properties as follows:
"Article 175. Boundaries between immovable properties
1. The boundaries between adjoining immovable properties shall be determined in accordance with the agreement of the owners or in accordance with a decision of the competent authority.
The boundaries may also be determined in accordance with customary practice or according to boundaries which have existed for thirty (30) or more years without dispute.
The land user may not encroach upon the boundary or change the boundary markers, including boundaries being canals, irrigation ditches, trenches, gutters or boundaries of rice fields. Each entity must respect and maintain the common boundaries.
2. A person having land use rights may use the airspace and the sub-surface according to the vertical dimensions of the boundaries around the land as prescribed by law and may not interfere with the use by other persons of the adjoining land.
A land user may only plant trees and perform other activities within the area covered by its land use rights and according to the defined boundaries. If the roots and branches of trees extend beyond the boundaries, such a person must clip and prune the parts of the trees beyond the boundaries, except as otherwise agreed."
Accordingly, the land user may use the airspace and the sub-surface according to the vertical dimensions of the boundaries around the land.
The land user may only plant trees and perform other activities within the area covered by its land use rights and according to the defined boundaries;
In case the roots and branches of trees extend beyond the boundaries, the roots must be trimmed, they must clip and prune the parts of the trees beyond the boundaries, except as otherwise agreed.
Is it allowed to cut down a neighbor's tree in case the roots and branches extend beyond the defined boundaries in Vietnam?
Pursuant to Article 177 of the Civil Code 2015 as follows:
"Safety guarantee with regard to trees or constructions posing risks of causing damage
1. Where there is a danger that a tree or a construction will collapse onto an adjoining immoveable property, the owner must cut down the tree or repair or demolish the construction at the request of the owners of adjoining immovable property or a competent authority. If such person does not cut down the tree or demolish the construction, the owner of an adjoining immoveable property may request a competent authority to procure that the tree be cut down or the structure be demolished. The expenses for cutting down the tree or demolishing the construction shall be borne by the owner of the tree or the structure.
2. When digging a well or a pond or constructing underground structures, the owner of the project must do so at a distance away from the boundaries provided by the law on construction.
When constructing a hygiene construction work, a storehouse of hazardous materials and other construction works likely to cause environmental pollution, the owner of that property must build it a distance far from the markers and in reasonable location, ensure hygiene and safety and do not affect the owners of other immovable properties.
3. If damage is caused to the owners of adjoining or neighboring properties prescribed in Clauses 1 and 2 of this Article, compensation must be made."
Thus, in case the roots and branches of trees lean towards your land , you may agree with the owner of trees to cut down them. In case of failing to reach an agreement, you may request the authorities to intervene.
In what case is it allowed to cut down a neighbor's tree with his/her consent in case the roots and branches extend beyond the defined boundaries in Vietnam?
Pursuant to Article 171 of the Civil Code 2015 on rights and obligations of owners and holders of other property-related rights in emergency circumstances as follows:
"Article 171. Rights and obligations of owners and holders of other property-related rights in emergency circumstances
1. An emergency circumstance is a circumstance where in order to avert a danger actually and directly threatening the interests of the State or of a collective, or the legitimate rights or interests of their own or of other persons, a person has no alternative but to take an act which would cause less damage than the damage to be prevented.
2. In an emergency circumstance, the owner and holder of other property-related rights to a property must not hinder another person from using his/her own property or hinder another person from causing damage to such property in order to prevent or abate the greater danger or damage that threatens to happen.
3. The causing of damage in an emergency circumstance is not the act of infringing upon ownership rights or other property-related rights. The owner or the holder of other property-related rights shall be compensated for damage in accordance with the provisions of Article 595 of this Code."
According to the above provisions, an emergency circumstance is a circumstance where in order to avert a danger actually and directly threatening the interests of the State or of a collective, or the legitimate rights or interests of their own or of other persons, a person has no alternative but to take an act which would cause less damage than the damage to be prevented.
Thus, if the roots and branches of trees lean towards your land that threatens your/your family life and property, you may cut down a neighbor’s tree without his/her consent.
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