Judgment No. 124/2019/DS-PT dated july 25, 2019 on dispute over land use right and property on land

THE PEOPLE’S COURT OF DONG NAI PROVINCE

JUDGMENT NO. 124/2019/DS-PT DATED JULY 25, 2019 ON DISPUTE OVER LAND USE RIGHT AND PROPERTY ON LAND

On July 25, 2018, the appellate trial court was conducted at the office of People’s Court of Bien Hoa City to hear the case No. 127/2019/TLST-DS dated June 6, 2019 on: “Dispute over land use right and property on land”.

Based on the appeal against the First Instance Civil Judgment No. 02/2019/DS-ST dated April 2, 2019 of People’s Court of District N.

According to the Decision to Bring the Case to Appellate Trial No. 94/2019/QD-PT dated June 17, 2019 and the Decision to Suspend the Appellate Court Hearing No. 275/2019/QD-PT dated July 11, 2019, between the litigants:

- Petitioner:  Mrs. Nguyen Thi C, born in: 1951. Address: zone 3, village L, commune H, district N, Dong Nai province.

Authorized legal representative of petitioner: Mr. Nguyen Ngoc T, born in: 1966.Address: Cat Lai village, commune H, district N, Dong Nai province (letter of authorization dated May 29, 2018 - present)

- Respondent:  Mr. Huynh Ngoc H, born in: 1971.AAddress: zone C, village P, commune H, district N, Dong Nai province. Authorized legal representative of respondent: Mrs. Phan Thi L, born in: 1978.Address: zone C, village P, commune H, district N, Dong Nai province. (letter of authorization dated March 2, 2019 - present).

- Persons with relevant rights and obligations:

1. Mrs. Phan Thi L, born in: 1978.Address: zone C, village P, commune H, district N, Dong Nai province. (present)

2. Mr. Huynh Ngoc H, born in: 1995.Address: zone C, village P, commune H, district N, Dong Nai province. (present)

3. Huynh Ngoc Tr, born in: 2004.

Legal representative of Huynh Ngoc Tr: Mr. Huynh Ngoc D, Mrs. Phan Thi L.

Co-address: zone C, village P, commune H, district N, Dong Nai province. (present)

4. Mrs. Nguyen Thi Ph, born in: 1955.Address: village P, commune H, district N, Dong Nai province. (absent)

5. Mr. Nguyen Ngoc T, born in: 1966.Address: Cat Lai village, commune H, district N, Dong Nai province. (present)

6. Mrs. Nguyen Thi Kim C, born in: 1968.Address: village 2, commune P, district N, Dong Nai province. (present)

7. Mrs. Nguyen Thi Kim C, born in: 1970.

Address: zone 3, village L, commune H, district N, Dong Nai province. (present)

Appellant: The respondent Mr. Huynh Ngoc D.

THE CASE

- Representation of the petitioner Mrs. Nguyen Thi C in the lawsuit petition dated July 6, 2018 and depositions during the lawsuit settlement:

Mrs. C still upholds lawsuit request and does not modify or withdraw the lawsuit request.

Mr. Pham Van N, born in 1917 (died in 2012), step father of Mrs. C;  Mrs. Nguyen Thi H, born in 1926 (died in January 2018), birth mother of Mrs. C. She is the stepchild of Mrs. Nguyen Thi H, Mr. Nh and Mrs. H had 4 common children:

1. Mrs. Nguyen Thi Ph, born in: 1955.

2. Mr. Nguyen Ngoc T, born in: 1966.

3. Mrs. Nguyen Thi Kim C, born in: 1968.

4. Mrs. Nguyen Thi Kim C, born in: 1970.

Apart from these children, Mr. Nh and Mrs. H had no other children.

While Mr. Pham Van N was alive, he still considered Mrs. Nguyen Thi C as a birth child in the family. So, in 2004, Mr. Pham Van N gifted Mrs. Nguyen Thi C one part of land area to build a house. But at that time, Mrs. Nguyen Thi C was living in France and cannot have her name on the title of a house. Thus, she agreed to let Mr. Huynh Ngoc D, her birth son, to have his name on the land use right certificate on her behalf. At first, Mr. Nh only gifted the land area of 50m2, so Mr. D was only initially granted the land use right certificate corresponding to that land area, of the land plot No. 434, the map No. 12, commune H, district N. But after that, Mrs. C asked Mr. Nh for extra land area to build a kitchen and yard, so the actual land area increased to 103m2 as it is now. Mrs. C and Mr. D had no written agreement that Mrs. C let Mr. D have his name on the land use right certificate on her behalf but only a handwritten request for certification of land gifted to children living abroad dated August 23, 2004 with the same content. The house on land was built using money sent by Mrs. C to Mrs. Nguyen Thi Kim C (sister of Mrs. c), after that Mrs. C paid expenses incurred in construction of the house. Mrs. Ch gave purchase invoices of building materials to her, but she no longer kept them. Mrs. C rejected Mrs. D’s claim that she gifted him her money to build the house, she only asked him to supervise the construction because she was not present in Vietnam at that time. After the house was completely built, she let Mr. D’s family to live there. From 2004, Mrs. C had returned to Vietnam several times and lived in this house, when two parties have been involved in the dispute since 2018, Mrs. C no longer lived there. From the date on which the land use right certificate in the name of Huynh Ngoc D was granted, Mrs. C asked Mrs. Ch to keep the original of this certificate for 4 months; after that, Mrs. C took it and kept it since then. Mr. D and Mrs. L have not kept the original of land use right certificate once.

Now, Mrs. C has lived in Vietnam, has held Vietnamese nationality, and registered permanent residence in village L, commune H, district N, Dong Nai province and is entitled to have her name on the land use right certificate. So she requests the court to compel Mr. D to return the land use right of 103m2 and the house thereon of the land plot No. 434, the map No. 12 in commune H, corresponding to the land plot No. 57, the map No. 29 in commune H, district N, Dong Nai province and complete the paperwork to transfer the land use right to her. If the court compels Mr. D to return house and land to her, Mrs. C will support Mr. D VND 363,510,000 in order for him to find another place to live.

- Representation of Mr. Huynh Ngoc D, Mrs. Phan Thi L: person with relevant rights and obligations and authorized representative of Mr. D and legal representative of Huynh Ngoc Tr in the record of depositions dated October 24, 2018 during the case settlement and at the court hearing:

Regarding the lawsuit request of the petitioner claiming Mr. D to return the land and house of the land plot No. 434, the map No. 12 in commune H, corresponding to the land plot No. 57, the map No. 29 in commune H, he rejects it. He cites the reason that the land in dispute was previously gifted by his grandfather, Mr. Pham Van N, to him in 2004 without any written certificate. In March 2004, Mr. D and Mrs. L built a house on such land area. On August 23, 2004, Mr. D and Mrs. C made a handwritten request for certification of land gifted to children living abroad.

After that, Mr. Nh completed paperwork to split this land area from the original area of Mr. Pham Van N and was granted land use right certificate in 2005. Mr. D claims that Mr. N gifted this land area to him, not Mrs. Nguyen Thi C, his mother. He signed the request for certification of land gifted to children living abroad dated August 23, 2004 because Mrs. C said that she would return to Vietnam to live with his family in her old age, and he signed the handwritten request to please her. Mr. D confirms that the signature in the request for certification of land gifted to children living abroad dated August 23, 2004 is his signature.

The house was built using the money of her mother, Mrs. Nguyen Thi C in France. The house was totally built from the money Mrs. C gifted to him and his wife. He has no document proving that Mrs. C gifted money to him to build the house. And this sum of money was sent by Mrs. C to Mrs. Ch and then Mrs. Ch forwarded it to him to buy construction materials. He no longer kept purchase invoices of construction materials (burned them).

At today’s court hearing, Mrs. C requests to support Mr. D VND 363,510,000 if he agreed to return the land and house to her. But Mr. D refuses to receive it and return the land and house to her. As Mrs. C has kept the land use right certificate, Mr. D requires Mrs. C to return it to him and his wife.

Mrs. Phan Thi L, authorized representative of Mr. D and legal representative of Huynh Ngoc Tr, agrees with Mr. D neither to return the land and house to Mrs. C nor receive VND 363,510,000 from Mrs. C.

- Representation of person with relevant rights and obligations, Mrs. Nguyen Thi Ph, Mr. Nguyen Van Th, Mrs. Nguyen Thi Kim C (born in 1970) in the record of depositions dated October 24, 2018:

Mr. Pham Van N, born in 1917 (died in 2012) and Mrs. Nguyen Thi H, born in 1926, died in January 2018, their parents. Mr. Nh and Mrs. H had 4 common children:

1. Mrs. Nguyen Thi Ph, born in: 1955.

2. Mr. Nguyen Ngoc T, born in: 1966.

3. Mrs. Nguyen Thi Kim C, born in: 1968.

4. Mrs. Nguyen Thi Kim C, born in: 1970.

In addition, before getting married to Mr. Pham Van N, Mrs. Nguyen Thi H had had 1 stepchild who is Mrs. Nguyen Thi C, born in 1951. Mrs. C previously had lived in France, but she returned to Vietnam and registered permanent residence in village L, commune H, district N, Dong Nai province.

While Mr. Nh was alive, he still considered Mrs. Nguyen Thi C as a birth child in the family. So, in 2004, Mr. Pham Van N gifted Mrs. Nguyen Thi C one part of land area to build a house. But at that time, Mrs. Nguyen Thi C was living in France and cannot have her name on the title of a house. Thus, she agreed to let Mr. Huynh Ngoc D, her birth son, to have his name on the land use right certificate on her behalf. At first, Mr. Nh only gifted the land area of 50m2, so Mr. D was only initially granted the land use right certificate corresponding to that land area, of the land plot No. 434, the map No. 12, commune H, district N. But after that, Mrs. C asked Mr. Nh for extra land area to build a kitchen and yard, so the actual land area increased to 103m2 as it is now.

Mr. Pham Van N only gifted the land to Mrs. Nguyen Thi C, not Mr. Nguyen Ngoc D. Mrs. Nguyen Thi C built the house at her cost and expense for Mr. D to manage while she was living abroad.

Mr. Pham Van N and Mrs. Nguyen Thi both died. Their heirs also agree to let Mrs. C own the extra land area of 103m2 as it is now. They do not dispute the difference in land area and the current land area in dispute between Mrs. C and Mr. Huynh Ngoc D.

- Representation of person with relevant rights and obligations, Mrs. Nguyen Thi Kim C (born in 1970), in the record of depositions dated October 24, 2018 and record of reconciliation dated February 28, 2019:

She confirms the statements about family relationship made by her siblings and gives no extra information.

Mr. Pham Van N only gifted the land to Mrs. Nguyen Thi C, not Mr. Nguyen Ngoc D. Mrs. Nguyen Thi C built the house at her cost and expense for Mr. D to manage while she was living abroad.

In 2004, Mrs. C sent money to Mrs. Nguyen Thi Kim C to build the house. Since Mrs. C previously had signed a contract for purchase of construction materials with Cuong Thinh building material store, she paid all purchase invoices in person and has kept them on behalf of Mrs. C. But she does not know if Mrs. C gifted the house and land to Mr. D because this is their private affair. After paying the purchase invoices in full, Mrs. Ch gave all these invoices to Mrs. C.

Mr. Pham Van N and Mrs. Nguyen Thi both died. As an heir of these two people, Mrs. Ch also agrees to let Mrs. C own the extra land area of 103m2 as it is now. She does not dispute the difference in land area and the current land area in dispute between Mrs. C and Mr. Huynh Ngoc D.

Mrs. Ch used to keep the land use right certificate in the name of Mr. Huynh Ngoc D earlier, but she gave it to Mrs. Nguyen Thi C thereafter. At first, Mr. Nh only gifted Mrs. C a land area of 50m2; but then Mrs. Ch asked him to gift extra land area for Mrs. C to build a toilet and kitchen separately from the house. Thus, the gifted land area increased to 103m2.

In the First Instance Judgment No. 02/2019/DS-ST dated April 2, 2019, the People’s Court of Nhon Trach district applies: Clause 9 Article 26, Point a Clause 1 Article 35, Point a Clause 1 Article 39, Articles 147, 227, 228, 266, 271 and 273 of the Civil Procedure Code in Viet Nam; Article 467, Article 676, Article 688, Article 722 of the Civil Code 2005 in Viet Nam; Article 100, Article 202, Article 203 of the Land Law 2013 in Viet Nam; Clause 4 Article 27 of the Resolution No. 326/2016/NQ-UBTVQH14 in Viet Nam dated December 30, 2016 of 14^th Standing Committee of the National Assembly on court fees and charges, remission, collection and payment, management and use thereof.

To judge: 

[1] Accept the lawsuit request of the petitioner, Mrs. Nguyen Thi C, against the respondent, Mr. Huynh Ngoc D, person with relevant rights and obligations, Mrs. Phan Thi L.

[2] Compel Mr. Huynh Ngoc D, Mrs. Phan Thi L to return Mrs. Nguyen Thi C the land area of 103m2 of the land plot No. 434, the map No. 12 in commune H, corresponding to the land plot No. 57, the map No. 29 in commune H, district N, Dong Nai province and the 4-level house (floor area of 120m2) located on the said land area according to the cadastral extract No. 5508/2018 dated October 29, 2018 of Land Registry of Dong Nai province, Nhon Trach branch.

[3] Mrs. Nguyen Thi C is obliged to contact the competent authorities complete the paperwork for application for issuance of land use right certificate as per the law after the Judgment becomes legally effective.

[4] Recognize the voluntary consent of Mrs. Nguyen Thi C to support Mr. Huynh Ngoc D and Mrs. Phan Thi L 363,510,000 (three hundred sixty three million, five hundred ten thousand dong).

[5] From the effective date of the judgment (for cases where judgment enforcement agencies have the right to take initiative in issuing judgment execution decisions) or from the date of issuance of judgment execution requests of judgment creditors (for the amounts payable to the judgment creditors) until the judgment execution is completed, all the monthly sums of money to be executed by the judgment debtors shall also be subject to the interest amount of the money amounts still subject to judgment execution at the interest rates. stipulated in Clause 2 Article 468 of the 2015 Civil Code.

[6] With reference to court fee: Refund the petitioner, Mrs. Nguyen Thi C, VND 24,000,000 (twenty four million dong) of the paid court fee advance according to the receipt No. 004056 dated July 31, 2018 of Sub-department of Civil Judgment Enforcement of district N. The respondent, Mr. Huynh Ngoc D, and person with relevant rights and obligations, Mrs. Phan Thi L, is obliged to pay the first instance civil court fee related to non-monetary claim of VND 300,000 and the first instance civil court fee related to monetary claim of VND 18,175,500.

[7] Expenses incurred in measurement, appraisal and taking of evidence: Mr. Huynh Ngoc D and Mrs. Phan Thi L are obliged to pay VND 11,500,000 (eleven million five hundred thousand dong). Mrs. Nguyen Thi C paid the above sum in advance, so Mr. D and Mrs. L must return Mrs. C VND 11,500,000 (eleven million five hundred thousand dong).

In addition, the first instance judgment also announced the court fee and the right to appeal of the litigants.

On April 5, 2019, Mr. Huynh Ngoc D filed an appeal against the entire First Instance Judgment No. 02/2019/DS-ST dated April 2, 2019 of the People’s Court of Nhon Trach district and requested the People’s Court of Dong Nai province to quash the First Instance Judgment.

At the court hearing, the representative of the People’s Procuracy affirms that observance of the law during the appellate trial has been assured in accordance with the Civil Procedure Code. The appeal: Pursuant to the “request for certification of land gifted to children living abroad” dated August 23, 2004, in 2004, Mr. Pham Van N, stepfather of Mrs. Nguyen Thi C, gifted Mrs. C a part of land area of 50m2, of the land plot No. 434, the map No. 12 in commune H for Mrs. C to build a house and temporarily handed over it to Mr. Huynh Ngoc D for management. The request bears the signatures of boards of village P and village L, commune H. Mr/Mrs. Nguyen Thi Ph, Nguyen Ngoc T, Nguyen Thi Kim C (born in 1968), Mrs. Nguyen Thi Kim C (born in 1970), the heirs of Mr. Pham Van N and Mrs. Nguyen Thi H, all confirm that Mr. Nh gifted such land area to Mrs. Nguyen Thi C and Mrs. C built house at her cost and expense and handed over the house to Mr. D for management while she was living abroad. Mr. Huynh Ngoc D also confirms his signature in the request and the house under his and Mrs. L’s management was built at the cost and expense of Mrs. C. Thus, there are substantial grounds for determining that Mr. Nh gifted the land to Mrs. C and Mrs. C spent her own money to build the house thereon. The Court of First Instance had valid grounds to accept the lawsuit request of Mrs. Nguyen Thi C and compelled Mr. Huynh Ngoc D and Mrs. Phan Thi L to return Mrs. Nguyen Thi C the land area of 103m2, of the land plot No. 434, the map No. 12 in commune H, corresponding to the land plot No. 57, the map No. 29 in commune H, district N, Dong Nai province and the 4-level house thereon; recognize the voluntary consent of Mrs. Nguyen Thi C to support Mr. Huynh Ngoc D and Mrs. Phan Thi L 363,510,000 in order for them to find a new place to live. At appellate court hearing, Mr. D cannot provide further evidence to prove that Mr. Nh gifted the land to him. So, it is ungrounded to accept the appeal of Mr. Huynh Ngoc D. Therefore, request the Trial Panel to uphold the First Instance Judgment.

JUDGEMENT OF THE COURT

[1] In terms of court procedures: The appeal of Mr. Huynh Ngoc D was filed within the required time limit, Mr. Huynh Ngoc D paid the court fee advance, so the acceptance of appeal is considered legitimate.

[2] Legal relationship and litigation positions of litigants: The Court of First Instance determined them correctly and adequately.

[3] The appeal: In 2004, Mr. Pham Van N, stepfather of Mrs. Nguyen Thi C, gifted her a land area of 50m2, of the land plot No. 434, the map No 12 of commune H for her to build a house. This fact was indicated in the “request for certification of land gifted to children living abroad” made by Mr. Pham Van N on August 23, 2004 bearing the signatures of boards of village P and L, commune H. The Court of First Instance take statements of Mr. Nguyen Ngoc T and Mr. Pham Van Ng, former head of village at that time, Mr. Ng and Mr. T both confirm that fact. However, when Mr. Pham Van N gifted the land to Mrs. Nguyen Thi C, as living abroad, she was ineligible for having her name on the land title. Thus, she asked her son, Mr. Huynh Ngoc D, to have his name on the land use right certificate on her behalf. After that, Mr. Huynh Ngoc D was granted the land use right certificate No. AB 004128 on January 7, 2005.

Mr. Huynh Ngoc D also confirms his signature in the request dated August 23, 2004 and the request clearly indicates that Mrs. C only hands over the house and land to him for management and the house was entirely built at Mrs. C cost and expense. Mr. D claims that Mr. Pham Van N gifted the land to him and Mrs. Nguyen Thi C gifted money for him to build to house but he failed to prove that and Mrs. C also denied it. The confrontation between Mrs. Nguyen Thi C, Mr. Huynh Ngoc D and Mrs. Nguyen Thi Kim C (born in 1968) shows that the source of money used to build the house was sent from Mrs. C to Mrs. Nguyen Thi Kim C, Mrs. Ch paid the expenses incurred in construction materials and wages on her behalf; Mr. D and Mrs. L only supervised the construction progress.

Persons with relevant rights and obligations including Mrs. Nguyen Thi Ph, Mr. Nguyen Ngoc T, Mrs. Nguyen Thi Kim C (born in 1968), Mrs. Nguyen Thi Kim C (born in 1970), the heirs of Mr. Pham Van N and Mrs. Nguyen Thi H, all confirm that Mr. Nh gifted the land to Mrs. Nguyen Thi C. They also determine that the house was built at Mrs. C’s own cost and expense, Mr. D and Mrs. L only supervised the house and land while Mrs. C was living abroad. They also accept the extra land area of 103m2 compared to the land area 50m2 indicated in the land use right certificate in the name of Mr. Huynh Ngoc D and do not dispute further.

Thus, there are substantial grounds for determining that Mr. Nh gifted the land to Mrs. C and Mrs. C spent her own money to build the house thereon. The Court of First Instance had valid grounds to accept the lawsuit request of Mrs. Nguyen Thi C and compelled Mr. Huynh Ngoc D and Mrs. Phan Thi L to return Mrs. Nguyen Thi C the land area of 103m2, of the land plot No. 434, the map No. 12 in commune H, corresponding to the land plot No. 57, the map No. 29 in commune H, district N, Dong Nai province and the 4-level house thereon; recognize the voluntary consent of Mrs. Nguyen Thi C to support Mr. Huynh Ngoc D and Mrs. Phan Thi L 363,510,000 in order for them to find a new place to live. So, it is ungrounded to accept the appeal of Mr. Huynh Ngoc D and it is advisable to uphold the First Instance Judgment.

[4] With reference to court fee: Mrs. Nguyen Thi C voluntarily supports Mr. Huynh Ngoc D and Mrs. Phan Thi L 363,510,000 in order for them to find a new place to live. The Court of First Instance recognized the voluntary consent of Mrs. Nguyen Thi C but compelled Mr. D and Mrs. L to pay the first instance civil court fee related to monetary claim of VND 18,175,500. This was a wrong decision. Therefore, it is necessary to correct the First Instance Judgment towards, only compelling Mr. Huynh Ngoc D and Mrs. Phan Thi L to pay the first instance civil court fee related to non-monetary claim of VND 300,000.

Mr. Huynh Ngoc D is not obliged to pay the appellate civil court fee.

[5] Opinions and requests of the representative of the People’s Procuracy of Dong Nai province on guidelines for lawsuit settlement are deemed accordant with available documents in the case file, judgment of the Trial Panel and laws and regulations, so they are accepted.

Based on the above-mentioned facts and matters,

HEREBY DECIDES

Pursuant to Clause 2, Article 308 of the Civil Procedure Code;

Pursuant to Article 100, Article 203 of the Law on Land 2013; Article 467, Article 676, Article 688, Article 722 of the Civil Code 2005; Article 688 of the Civil Code 2015; the Resolution No. 326/2016/UBTVQH14 of the Standing Committee of the National Assembly on court fees and charge, exemption, reduction, collection, transfer, management and use thereof;

Hereby judge:   Correct partial First Instance Judgment concerning court fee.

1. Accept the lawsuit petition of the petitioner, Mrs. Nguyen Thi C:

Compel Mr. Huynh Ngoc D and Mrs. Phan Thi L to return Mrs. Nguyen Thi C the land area of 103m2 of the land plot No. 57, map No. 29 of commune H (corresponding to the old land plot No. 434, map No. 12 of commune H) bordering the landmark (1, 2, 5, 6, 1) according to the cadastral extract No. 5508/2018 dated October 29, 2018 of Land Registry of Dong Nai province, Nhon Trach branch and the 4-level house (floor area of 120m2) located on the said land area.

Mrs. Nguyen Thi C is obliged to contact the competent authorities complete the paperwork for application for issuance of land use right certificate as per the law.

2. Recognize the voluntary consent of Mrs. Nguyen Thi C to support Mr. Huynh Ngoc D and Mrs. Phan Thi L 363,510,000 (three hundred sixty three million, five hundred ten thousand dong).

3. Regarding court fee: Mr. Huynh Ngoc D and Mrs. Phan Thi L are obliged to pay VND 300,000 of the first instance civil court fee. Mr. Huynh Ngoc D is not obliged to pay the appellate civil court fee. VND 300,000 of court advance according to the receipt No. 0000508 dated April 8, 2019 of Sub-department of Civil Judgment Enforcement of district B shall be deducted from the court fee payable by Mr. D and Mrs. L.

Refund Mrs. Nguyen Thi C VND 24,000,000 (Twenty four million dong) of paid court fee advance according to the receipt No. 00456 dated July 31, 2018 of Sub-department of Civil Judgment Enforcement of Nhon Trach district.

4. Proceeding costs: Mr. Huynh Ngoc D and Mrs. Phan Thi L are obliged to pay VND 11.500.000đ (eleven million five hundred thousand dong). Mrs. Nguyen Thi C paid the above sum in advance, so Mr. D and Mrs. L must return Mrs. C VND 11.500.000đ (eleven million five hundred thousand dong).

5. Since the judgment creditor has an application to enforce the judgment until the execution of the sentence, all the money amounts must be paid every month, the judgment enforcement party shall also have to bear the interest of the remaining amount of money still subject to the judgment execution. Interest rates are stipulated in Clause 357, Article 468 of the 2015 Civil Code.

In case the judgment or court decision is enforced as per regulations in Article 2 of the Law on enforcements of civil judgments in Viet Nam, the judgment creditor and judgment debtor are lawfully allowed to reach an agreement on judgment enforcement, request judgment enforcement, be subject to voluntary execution or coercive judgment enforcement in compliance with regulations in Article 6, 7 and 9 of the Law on enforcement of civil judgments, and the effective period of judgment enforcement shall comply within provisions in Article 30 of the Law on enforcement of civil judgments.

The Appellate Judgment shall take legal effect from the date of pronouncement./.