Cassation decision no. 19/2006/DS-GDT dated august 02, 2006 regarding inheritance dispute

THE COUNCIL OF JUSTICES OF THE SUPREME PEOPLE’S COURT

 CASSATION DECISION NO. 19/2006/DS-GDT DATED AUGUST 02, 2006 REGARDING INHERITANCE DISPUTE

On August 02, 2006, the trial of cassation was conducted at the office of the Supreme People’s Court to hear the civil case of inheritance dispute between the following litigants:

Plaintiff:

1. Mrs. Phan Thi Do, born in 1948, address: Hamlet 1, Tan Minh Town, Ham Tan District, Binh Thuan Province;

2. Mrs. Phan Thi Bon, born in 1934, address: Group 59, An Cu, An Hai Bac Ward, Son Tra District, Da Nang City (Mrs. Phan Thi Bon has authorized Mrs. Tran Thi Thu Thuy, born in 1967, to act on her behalf in this lawsuit according to the Power of attorney dated December 20, 2004).  

Defendant: Mrs. Phan Thi Gon, born in 1937, address: Group 5B, Phuoc My Ward, Son Tra District, Da Nang City (Mrs. Phan Thi Gon has authorized Mr. Vo Van Thanh, born in 1972, to act on her behalf in this lawsuit according to the Power of attorney dated June 29, 2005).

Persons with interests and duties related to the lawsuit:

1. Mrs. Tran Thi Ly, born in 1953, address: Group 20B, Man Thai Ward, Son Tra District, Da Nang City;  

2. Mr. Tran Van So, born in 1960, address: Group 6, Phuoc My Ward, Son Tra District, Da Nang City;

3. Mr. Tran Van Nhan, born in 1956;

4. Mrs. Tran Thi La, born in 1964;

Mr. Nhan and Mrs. La are residing at: No. 1462784 Ave, Surrey B.C. Canada.

5. Mrs. Tran Thi Rau, born in 1965, address: Group 20 An Vinh, An Hai Tay Ward, Son Tra District, Da Nang City;

6. Mr. Tran Van Quy, address: 128 Cathcart, Hamilton St, L8L, 5A2, Canada;

7. Mr. Tran Van Duc, born in 1969, address: Group 6, Phuoc My Ward, Son Tra District, Da Nang City;  

8. Mrs. Pham Thi Loi, born in 1954, address: Hamlet 4, Dien Duong Commune, Dien Ban District, Quang Nam Province;  

9. Mrs. Pham Thi Lan, born in 1956, address: Ngoc Vinh Hamlet, Dien Ngoc Commune, Dien Ban District, Quang Nam Province;

10. Mrs. Pham Thi Tam, born in 1959;

11. Mrs. Pham Thi Truoc, born in 1961;

12. Mrs. Pham Thi Chi, born in 1964;

13. Mrs. Pham Thi Em, born in 1965;

14. Mrs. Pham Thi Beo, born in 1968;

Mrs. Tam, Mrs. Truoc, Mrs. Chi, Mrs. Em and Mrs. Beo are all residing at Group 54, An Cu, An Bac Ward, Son Tra District, Da Nang City;

15. Mr. Vo Van Sau, born in 1934, address: Group 5B, Phuoc My Ward, Son Tra District, Da Nang City;

16. Mr. Vo Van Luom, born in 1968, address: Group 24A, Tan An, Mai Thai Ward, Son Tra District, Da Nang City.

FINDING THAT

Both Mr. Phan Danh (died in 1994) and his wife, Mrs. Tran Thi Luu (died in 1989) left no will.  Mr. Danh and Mrs. Luu have 05 children, including:

1. Mrs. Phan Thi Gioi (died on August 15, 1993, left no will).  Mrs. Gioi has 7 children, including:  Mrs. Tran Thi Ly, Mr. Tran Van So, Mr. Tran Van Nhan, Mrs. Tran Thi La, Mrs. Tran Thi Rau, Mr. Tran Van Duc, and Mr. Tran Van Quy.

2. Mrs. Phan Thi Dan (died in 2004, left no will).  Mrs. Dan has 7 children, including:  Mrs. Pham Thi Loi, Mrs. Pham Thi Lan, Mrs. Pham Thi Tam, Mrs. Pham Thi Truoc, Mrs. Pham Thi Chi, Mrs. Pham Thi Em, and Mrs. Pham Thi Beo.

3. Mrs. Phan Thi Bon.

4. Mrs. Phan Thi Gon (Mrs. Gon’s husband is Mr. Vo Van Sau).

5. Mrs. Phan Thi Do.

The marital property acquired during the marriage of Mr. Phan Danh and Mrs. Tran Thi Luu includes a grade-4 house with an area of 60 m² located on the land with an area of “3 sào 60 thước” (an ancient unit of measurement) (according to the land certificate dated September 24, 1963 issued by a competent authority of Republic of Vietnam). The property was managed by Mr. Danh after Mrs. Luu’s death and then has been managed and used by Mrs. Gon and her husband.

On June 11, 2004, Mrs. Phan Thi Bon and Mrs. Phan Thi Do have filed a petition for the division of the inheritance which is the house located on the land with an area of 1,900 m² left by their parents (who have total land area of 2,200 m² but gave a land area of 300 m² to Mrs. Gon when they were alive) according to applicable law and they petitioned to receive the inheritance in kind.  On August 16, 2004, Mrs. Bon and Mrs. Do have temporarily paid the court fee.

Mrs. Gon and Mr. Sau stated:  The inheritance left by Mr. Danh and Mrs. Luu is only the house located on the land with an area 561 m² next to their land plot.  After the dead of Mr. Danh and Mrs. Luu, they have managed and made the statement of the entire land area. Thus, they were granted the certificate of land use rights.   Mrs. Gon only accepted the division of the inheritance at law with respect to the property left by Mr. Danh and Mrs. Luu.

Mrs. Ly (who is the representative of 4 children of Mrs. Gioi) stated:  The property left by Mr. Danh and Mrs. Luu includes the house and about 2,100 m² of garden land.  About 300 m² of the abovementioned land has been given to Mrs. Gon in the 1968 – 1970 period. Thus, she petitioned for the division of inheritance at law and petitioned to receive the inheritance of Mrs. Gioi.

Mr. Quy, Mr. Nhan and Mrs. La (who are children of Mrs. Gioi) have petitioned for disclaimer of interest.

Mrs. Pham Thi Em (who is the representative of 7 children of Mrs. Dan) claimed the inheritance of Mrs. Dan.  

Mr. Luom (who is stepchild of Mr. Sau) stated:  He has 100 m² of land given by Mr. Sau and Mrs. Gon (his stepmother) for building a house and he requested the Court to hear the case according to applicable laws and decide the value of his house according to the valuation record.

At the first-instance civil judgment No. 02/2005/DSST dated May 12, 2005, the People’s Court of Da Nang City decided:

“The petition for the division of inheritance of Mrs. Phan Thi Bon and Mrs. Phan Thi Do against Mrs. Phan Thi Gon is accepted.

It’s judged that:

I. The inheritance left by Mr. Phan Danh and Mrs. Tran Thi Luu includes the house with no upstairs, walled enclosure, cement floor, corrugated iron roof and area of 77.55 m², located on the land plot with an area of 1,400 m² at Group 5B, Phuoc My Ward, Son Tra District, Da Nang City.  The value of the house and land left by Mr. Danh and Mrs. Luu as mentioned above is:  VND 1,059,008,076 (One billion, zero hundred fifty nine million, zero hundred and eight thousand, and seventy six dongs).

II. Heirs of Mr. Danh and Mrs. Luu include:  Mrs. Phan Thi Gioi (died in 1993), Mrs. Phan Thi Dan (died in 2004), Mrs. Phan Thi Bon, Mrs. Phan Thi Gon, and Mrs. Phan Thi Do each shall receive an equal portion of the inheritance worth VND 211,801,615 (Two hundred and eleven million, eight hundred and one thousand, six hundred and fifteen dongs).

- The statutory portion of the inheritance of Mrs. Gioi (died in 1993) shall be divided between her children, including:  Mrs. Tran Thi Ly, Mr. Tran Van So, Mrs. Tran Thi Rau, and Mr. Tran Van Duc who shall act as co-owners of Mrs. Gioi’s portion of inheritance and each receive an equal portion of inheritance worth VND 52,950,403 (Fifty two million, nine hundred fifty thousand, four hundred and three dongs).

- The statutory portion of the inheritance of Mrs. Phan Thi Dan (died in 2004) shall be divided between her children, including:  Mrs. Pham Thi Loi, Mrs. Pham Thi Lan, Mrs. Pham Thi Tam, Mrs. Pham Thi Truoc, Mrs. Pham Thi Chi, Mrs. Pham Thi Em and Mrs. Pham Thi Beo who shall act as co-owners of Mrs. Dan’s portion of inheritance and each receive an equal portion of inheritance worth VND 30,257,373 (Thirty million, two hundred fifty seven thousand, three hundred seventy three dongs).

III. The inheritance in kind shall be divided between the above named heirs as follows:

1. Mrs. Phan Thi Do is entitled to the entire house with no upstairs, walled enclosure, cement floor, corrugated iron roof and area of 77.55 m², located on the land plot with an area of 249.9 m² at Group 5B, Phuoc My Ward, Son Tra District, Da Nang City.

Mrs. Phan Thi Do shall also co-own and co-use the walled enclosure of 29.7 m in length and the path (1m x 33.62 m) with children of Mrs. Phan Thi Dan.

The property, including the abovementioned house, accompanied structures and the land use rights, distributed to Mrs. Do is worth VND 221,029,486 (Two hundred twenty one million, zero hundred twenty nine thousand, four hundred eighty six dongs) and has four directions as follows:  

- It has a length of 8.3 m bordering the bamboo hedge in the North, separating the property with crops land plot of another neighbor.

- It has a length of 8.82 m bordering the path shared with children of Mrs. Dan, in the South.

- It has a length of 29.55 m bordering the land inherited by Mrs. Bon, children of Mrs. Gioi and Mrs. Gon in the West.

- It has a length of 26.52 m bordering the land used by children of Mrs. Dan in the East.

2. The land with an area of 227.30 m² (behind the house and land distributed to Mrs. Do) located at Group 5B, Phuoc My Ward, Son Tra District, Da Nang City, shall be distributed to children of Mrs. Dan, consisting of:  Mrs. Pham Thi Loi, Mrs. Pham Thi Lan, Mrs. Pham Thi Tam, Mrs. Pham Thi Truoc, Mrs. Pham Thi Chi, Mrs. Pham Thi Em and Mrs. Pham Thi Beo who shall co-use this land area.

- The above named persons shall co-own and co-use the walled enclosure of 27.9 m in length and the path (1m x 33.62 m) from the stone path in the West with Mrs. Phan Thi Do.

The property, including the abovementioned structures and the land use rights, distributed to Mrs. Dan is worth VND 220,867,090 (Two hundred twenty million, eight hundred sixty seven thousand, zero hundred ninety dongs) and has four directions as follows: 

- It has a length of 15.53 m bordering the bamboo hedge in the North, separating the property with crops land plot of another neighbor.

- It has a length of 16.85 m bordering the land area of Mr. Phan Van Ca in the South.

- It has a length of 26.52 m bordering the land area distributed to Mrs. Do in the West.

- It has a length of 14.99 m bordering the bamboo hedge in the East, separating the property with crops land plot of another neighbor.

3. Mrs. Phan Thi Bon is entitled to the entire grade-4 house with no upstairs, corrugated iron roof, walled enclosure, flowered enameled floor and area of 70.25 m², 01 water tank made of reinforced concrete and brick wall of 15.2 m in length, located on the land plot with an area of 204.30 m² at Group 5B, Phuoc My Ward, Son Tra District, Da Nang City.

The property, including the abovementioned house, accompanied structures and the land use rights, allocated to Mrs. Bon is worth VND 191,226,506 (One hundred ninety one million, two hundred twenty six thousand, five hundred and six dongs) and has four directions as follows: 

- It has a length of 7.12 m bordering the stone path in the West.

- It has a length of 7.8 m bordering the land area distributed to Mrs. Do in the East.

- It has a length of 26.39 m bordering the path to the land area distributed to Mrs. Do and children of Mrs. Dan in the South.

- It has a length of 28.21 m bordering the land area distributed to Mrs. Ly, Mr. So, Mrs. Rau and Mr. Duc in the North.

4. The house with total area of 107.31 m² with a fixed water tank made of reinforced concrete with a volume of 33.3 m³, and brick wall of 15.74 m in length on the land area of 233.3 m² at Group 5B, Phuoc My Ward, Son Tra District, Da Nang City, shall be distributed to children of Mrs. Phan Thi Gioi, including:  Mrs. Tran Thi Ly, Mr. Tran Van So, Mrs. Tran Thi Rau and Mr. Tran Van Duc who shall be granted co-ownership and co-use of the property.

The property, including the house, accompanied structures and land use right, distributed to Mrs. Ly, Mr. So, Mrs. Rau, and Mr. Duc is worth VND 216,960,274 and has four directions as follows:

- It has a length of 7.87 m bordering the stone path in the West.

- It has a length of 7.87 m bordering the land area distributed to Mrs. Do in the East.

- It has a length of 32.14 m bordering the land area distributed to Mrs. Gon in the North.

- It has a length of 28.21 m bordering the land area distributed to Mrs. Bon in the South.

5. Mrs. Phan Thi Gon shall be granted the right to use the entire remaining land area of 400.40 m² located at Group 5B, Phuoc My Ward, Son Tra District, Da Nang City. Mr. Vo Van Sau and Mrs. Phan Thi Gon have the right to use total land area of 1,215.50 m² located at Group 5B, Phuoc My Ward, Son Tra District, Da Nang City.

In which, the value of the land area of 400.40 m² inherited by Mrs. Gon is VND 297,016,720 (Two hundred ninety seven million, zero hundred and sixteen thousand, seven hundred and twenty dongs), and the land plot of Mr. Sau and Mrs. Gon has four directions as follows:

- It has a length of 31.32 m bordering the stone path in the West.

- It has a length of 33.04 m bordering the land area distributed to Mrs. Do and crops land of another neighbor in the East.

- It has a length of 35.03 m bordering the land area of Mrs. Gon and Mr. Sau, which has been transferred to Mr. Truong Cong Dinh, in the North.

- It has a length of 32.14 m bordering the land area distributed to Mrs. Ly, Mr. So, Mrs. Rau and Mr. Duc in the South.

IV. The division of housing, structures and land use rights in kind between the above named heirs is supported by diagrams enclosed with the first-instance judgment.

V. A part of the certificate of house ownership and land use right No. 3403060378 dated June 22, 2001 issued by the People’s Committee of Da Nang City recognizing Mr. Vo Van Sau and Mrs. Phan Thi Gon’s right to use 838 m² of land area of undivided inheritance left by Mr. Phan Danh and Mrs. Tran Thi Luu shall be invalidated.

VI. The heirs mentioned in Section III hereof are entitled to contact competent authorities to carry out procedures for certification of house ownership and land use right in accordance with applicable laws.

VII. The payment of difference between the received property and the value of statutory portion of inheritance between the heirs or between a heir and person(s) incurring interests and duties related to the lawsuit is as follows:

1. Mrs. Phan Thi Gon is obliged to make a payment of VND 31,441,562 (Thirty one million, four hundred forty one thousand, five hundred sixty two dongs) to Mr. Vo Van Luom.

2. Mrs. Tran Thi Ly, Mr. Tran Van So, Mrs. Tran Thi Rau, and Mr. Tran Van Duc are obliged to co-pay an amount of VND 2,876,976 (Two million, eight hundred seventy six thousand, nine hundred seventy six dongs) to Mr. Vo Van Luom.

3. Mrs. Phan Thi Do is obliged to pay an amount of VND 9,227,871 (Nine million, two hundred twenty seven thousand, eight hundred seventy one dongs) to Mrs. Bon.

4. Mrs. Pham Thi Lan, Mrs. Pham Thi Loi, Mrs. Pham Thi Tam, Mrs. Pham Thi Chi, Mrs. Pham Thi Truoc, Mrs. Pham Thi Em, and Mrs. Pham Thi Beo are obliged to co-pay an amount of VND 9,065,475 (Nine million, zero hundred sixty five thousand, four hundred seventy five dongs) to Mrs. Bon.

Additionally, the judgment made by the first-instance court also includes decisions on the court fees, enforcement of the judgment and litigants’ rights to make appeal.

On May 17, 2005, the plaintiff, including Mrs. Phan Thi Do and Mrs. Phan Thi Bon, has lodged an appeal as follows: Their parents gave Mrs. Gon a land area of 300 m² but Mrs. Gon has sold a land area of 310 m² on the disputed land plot to Mr. Truong Cong Dinh in 2001, and Mr. Luom (the stepchild of Mr. Sau) also built a house on the disputed land plot. For these reasons, they thought that the court’s judgment that they must make a payment to Mr. Luom is unfounded.   Moreover, the Court’s judgments that Mrs. Gon is distributed a land area of 815 m² which is not certified by the land certificate (granted by Republic of Vietnam’s competent authorities) named by Mr. Phan Van Dinh (paternal grandfather of Mrs. Do, Mrs. Bon and Mrs. Gon) and Mrs. Gon is distributed a land area of 400.40 m² facing a large street are inappropriate and inequitable.  

On May 17, 2005, the defendant, Mrs. Phan Thi Gon, has also lodged an appeal against the entire first-instance civil judgment.

At the appellate court’s civil judgment No. 44 dated July 26, 2005, pursuant to Clause 1 Article 275 of the Civil Procedure Code, the appellate court of the Supreme People’s Court in Da Nang City decided:

Neither the plaintiff's appeal nor the defendant’s appeal is accepted. All contents of the first-instance judgment are kept unchanged.

After the appellate trial, Mrs. Gon has filed a complaint that the land area of “03 sào 60 thước” (an ancient unit of measurement) of the land plot 14 specified in the land certificate named by Phan Van Dinh (Mr. Danh’s father) issued by a competent authority of Republic of Vietnam on September 24, 1963 is only equivalent to 360 m² instead of 1,700 m² as determined by the Court.  Thus, the Court has aggregated the land area of her family with the inheritance left by Mr. Danh and Mrs. Luu. This is not satisfactory.

According to Decision No. 54/2006/DS-KN dated April 10, 2006, the Chief Judge of the Supreme People’s Court appealed against the appellate court’s civil judgment mentioned above and requested the Council of Justices of the Supreme People’s Court conducting cassation procedure to invalidate the abovementioned appellate court’s civil judgment and the first-instance civil judgment No. 02/2005/DSST dated May 12, 2005 of the People’s Court of Da Nang City, and transfer the case file to the People’s Court of Da Nang City to make decision on suspension of the hearing of the case in accordance with applicable laws with the following justifications: 

“The marital property acquired during the marriage of Mr. Phan Danh and Mrs. Tran Thi Luu includes a grade-4 house with an area of 60 m² located on the land with an area of “3 sào 60 thước” (an ancient unit of measurement) (according to the land certificate dated September 24, 1963 issued by a competent authority of Republic of Vietnam) and Mr. Danh and Mrs. Luu have 5 children whose names are mentioned below:

1. Mrs. Phan Thi Gioi (died in 1993). Mrs. Gioi has 7 children, including:  Mrs. Tran Thi Ly, Mr. Tran Van So, Mr. Tran Van Nhan, Mrs. Tran Thi La, Mrs. Tran Thi Rau, Mr. Tran Van Duc, and Mr. Tran Van Quy.

2. Mrs. Phan Thi Dan (died in 2004). Mrs. Dan has 7 children, including:  Mrs. Pham Thi Loi, Mrs. Pham Thi Lan, Mrs. Pham Thi Tam, Mrs. Pham Thi Truoc, Mrs. Pham Thi Chi, Mrs. Pham Thi Em, and Mrs. Pham Thi Beo.

3. Mrs. Phan Thi Bon.

4. Mrs. Phan Thi Gon.

5. Mrs. Phan Thi Do.

After the dead of Mrs. Luu in 1989, the real estate was managed by Mr. Danh.  After the dead of Mr. Danh on June 28, 1994, the said real estate has been managed by Mrs. Gon and her husband.  On June 11, 2004, Mrs. Bon and Mrs. Do filed a petition for the division of the inheritance left by Mr. Danh and Mrs. Luu according to applicable laws, and they have paid the temporarily calculated court fee on August 16, 2004. Because Mrs. Luu died in 1989, in case of request for the division of the inheritance, the inheritance, which is real estate, left by Mrs. Luu shall be considered as a housing-related civil transaction established before July 01, 1991. In this case, persons incurring interests and duties related to the lawsuit include Mr. Tran Van Nhan, Mrs. Tran Thi La, and Mr. Tran Van Quy who are Vietnamese Canadians.   Pursuant to Clause 2 Article 2 of the Resolution No. 58/1998/NQ-UBTVQH10 dated August 20, 1998 of the Standing Committee of the National Assembly, the first-instance court should not have handled the case because this dispute concerns the house-related civil transaction established before July 01, 1991 and involves overseas Vietnamese.  The fact the first-instance court and the appellate court handled and tried the case is considered a serious breach of legal proceedings”.

At the trial of cassation, the representative of the People’s Supreme Procuracy has requested the Council of Justices of the Supreme People’s Court to accept the appeal by the Chief Judge of the People’s Supreme Court.

DEEMING THAT

Mr. Phan Danh and Mrs. Tran Thi Luu have 5 children, including:

1. Mrs. Phan Thi Gioi (died in 1993). Mrs. Gioi has 7 children, including:  Mrs. Tran Thi Ly, Mr. Tran Van So, Mr. Tran Van Nhan, Mrs. Tran Thi La, Mrs. Tran Thi Rau, Mr. Tran Van Duc, and Mr. Tran Van Quy.

2. Mrs. Phan Thi Dan (died in 2004). Mrs. Dan has 7 children, including:  Mrs. Pham Thi Loi, Mrs. Pham Thi Lan, Mrs. Pham Thi Tam, Mrs. Pham Thi Truoc, Mrs. Pham Thi Chi, Mrs. Pham Thi Em, and Mrs. Pham Thi Beo.

3. Mrs. Phan Thi Bon.

4. Mrs. Phan Thi Gon.

5. Mrs. Phan Thi Do.

The marital property of Mr. Phan Danh and Mrs. Tran Thi Luu is the real estate.  After the dead of Mrs. Luu in 1989, the real estate was managed by Mr. Danh.  After the dead of Mr. Danh on June 28, 1994, the said real estate has been managed by Mrs. Gon and her husband.  On June 11, 2004, Mrs. Bon and Mrs. Do have filed a petition for the division of the inheritance left by Mr. Danh and Mrs. Luu according to applicable laws, and they have paid the temporarily calculated court fee on August 16, 2004. Because Mrs. Luu died in 1989, in case of request for the division of the inheritance, the inheritance, which is real estate, left by Mrs. Luu shall be considered as a housing-related civil transaction established before July 01, 1991. In this case, persons incurring interests and duties related to the lawsuit include Mr. Tran Van Nhan, Mrs. Tran Thi La, and Mr. Tran Van Quy who are Vietnamese residing abroad since 1981. Pursuant to Clause 2 Article 2 of the Resolution No. 58/1998/NQ-UBTVQH10 dated August 20, 1998 of the Standing Committee of the National Assembly and Section 2 Part II of the Joint Circular No. 01/1999/TTLT-TANDTC-VKSNDTC dated January 25, 199 of the Supreme People’s Court and the Supreme People’s Procuracy providing guidelines for application of regulations in the said Resolution of the Standing Committee of the National Assembly on housing-related civil transactions established before July 01, 1991, if the State’s regulations on civil transactions involving overseas Vietnamese or foreigners or foreign organizations are not effective, the first-instance court is not allowed to handle the case and must return the petition to the litigants. The fact the first-instance court has handled and tried the case is considered a serious breach of legal proceedings.  After the first-instance trial, Mrs. Do, Mrs. Bon and Mrs. Gon have lodged appeals. Pursuant to the abovementioned Resolution and Joint Circular, the appellate court should have quashed the first-instance civil judgment No. 02/2005/DS-ST dated May 12, 2005 of the People’s Court of Da Nang City. The fact the appellate court has tried the case according to appellate procedure is also considered a serious breach of legal proceedings.

However, on July 27, 2006, the Standing Committee of the National Assembly has promulgated the Resolution No. 1037/2006/UBTVQH11 providing for housing-related civil transactions established before July 01, 1991 and involving overseas Vietnamese, and becoming effective from September 01, 2006. Hence, after re-handling the case, the first-instance court shall not return the petition to the petitioner and must continue resolving the case according to applicable laws and the above Resolution of the Standing Committee of the National Assembly, and relevant laws.

For the foregoing reasons, pursuant to Clause 3 Article 297 and Article 299 of the Civil Procedure Code;

HEREBY DECIDES

1. The appeal No. 54/2006/DS-KN dated April 10, 2006 of the Chief Judge of the Supreme People’s Court is accepted; both the appellate court’s civil judgment No. 44/DSPT dated July 26, 2005 of the appellate court of the Supreme People’s Court in Da Nang City and the first-instance civil judgment No. 02/2005/DS-ST dated May 12, 2005 of the People’s Court of Da Nang City that have tried the inheritance dispute case between the plaintiff, Mrs. Phan Thi Do and Mrs. Phan Thi Bon, and the defendant, Mrs. Phan Thi Gon, and persons incurring interests and duties related to the lawsuit are annulled.

2. The case file is transferred to the People’s Court of Da Nang City for re-trying the case in accordance with applicable laws.

- Grounds for invalidating the first-instance judgment and the appellate judgment:

Handling and trying the case according to first-instance procedure and appellate procedure by the first-instance court and the appellate court result in a serious breach of legal proceedings.

- Causes of invalidation of the first-instance judgment and the appellate judgment:

There is mistake in applying regulations on settlement of civil disputes over housing established before July 01, 1991 and involving overseas Vietnamese.