Judgment No. 154/2017/DS-PT dated july 24, 2017 on dispute over land use right and claim for distribution of land use right

THE SUPERIOR PEOPLE’S COURT OF HO CHI MINH CITY

JUDGMENT NO. 154/2017/DS-PT DATED JULY 24, 2017 ON DISPUTE OVER LAND USE RIGHT AND CLAIM FOR DISTRIBUTION OF LAND USE RIGHT

On July 24, 2017, the appellate trial was conducted at the office of the People’s Court in Binh Thuan province to hear the civil case No. 183/2016/DSPT dated August 12, 2016 regarding:  “Dispute over land use right and claim for distribution of land use right” as the First Instance Civil Judgment No.  01/2016/DSST dated April 29, 2016 of the People’s Court of Binh Thuan province was appealed;

According to the Decision to Bring the Case to Appellate Trial No. 525/2016/QD-DSPT dated October 24, 2016, parties concerned include:

* Petitioner: Mrs. Nguyen Thi B, born in 1928; address: D1 village, H commune, HB district, Binh Thuan province (absent). Authorized legal representative of petitioner: Mrs. Huynh Thi L, born in 1967; address: No. 652, street T, city P, Binh Thuan province (according to the letter of authorization dated March 25, 2014) (present).

* Respondent:

1. Mr. Huynh Ngoc S, born in: 1964; address: village D1, commune H, HB district, Binh Thuan province (present).

2. Mr. Huynh Van A, born in: 1955; address: village X, commune P, city P, Binh Thuan province (present).

* Person with related interests and obligations:

1. Mr. NLQ1, born in: 1969; address: village D1, commune H, HB district, Binh Thuan province (present).

2. Mrs. NLQ2, born in 1971, address: No. 4948 Severance DR #240 Sanjose 95136 USA. Authorized representative of Mrs. NQL2: Mrs. Huynh Thi L, born in: 1967; address: No. 652, street T, city P, Binh Thuan province (present). Letter of Authorization dated August 10, 2009.

* Appellant: The petitioner: Mrs. Nguyen Thi B, the respondent: Mr. Huynh Van A and Mr. Huynh Ngoc S; person with relevant rights and obligations: Mr. NLQ1.

THE CASE

Representation of the petitioner, Mrs. Nguyen Thi B, in the lawsuit petition dated February 20, 2014 and supplemental petition dated March 27, 2014:

On March 28,1994, the People’s Committee of district HB issued land use right certificate No. B731690, granting land use right of the area of 2,872m2, including the land plot No. 536 with area of 2,220m2 and the land plot 537 with area of 1,652m2, of the map No.3 for growing rice purpose, located in village D1, commune H, district HB, Binh Thuan province to the household of Mrs. Nguyen Thi B. At that time, the household of Mrs. Bon had the following members: Mrs. Nguyen Thi B, Mr. NLQ1, and Mrs. NQL2.

In 1995, 1996, Mrs. Bon allowed Mr. Huynh Van A to grow 288 trellis posts of dragon fruit plants on the area of 2,220m2 at the land plot No. 526 located in village D1, commune G, district HB, Binh Thuan province and allowed Mr. Huynh Ngoc S to grow 189 trellis posts of dragon fruit plants on the area of 1,652m2 at the land plot No. 537 located in village D1, commune H, district HB, Binh Thuan province In 2005, Mrs. B applied for conversion of land use purpose from rice land to perennial crop land. On December 28, 2005, the People’s Committee of HB district issued the Decision No. 5802/QD-CT.UBND approving the conversion of land use purpose from rice land to perennial crop land.  With details below: Allowing Mrs. Nguyen Thi B to convert the land use purpose from rice land to perennial crop land associated with the land plot No. 536 and 537, of the map No. 03 located in village D1, commune H, district HB, Binh Thuan province.

Now, Mrs. Nguyen Thi B seeks to dispose of her portion of property. Thus, she filed a lawsuit petition: “claiming property and distribution of common property” and requests the court to resolve the following issues:

+ Request Mr. Huynh Van A to return her the area of 2,220m2, the land plot No. 536, of the map No. 3 located in village D1, commune H, district HB, Binh Thuan province.

+ Request Mr. Huynh Ngoc S  to return her the area of 1,652m2, the land plot No. 537, of the map No. 3 located in village D1, commune H, district HB, Binh Thuan province.

+ Distribute Mr. NLQ1 the area of 900m2 according to the average portion of land for each household member.

At the court hearing, as the authorized representative of Mrs. B, Mrs. Huynh Thi L still upheld the lawsuit request in the petition of the petitioner, claiming Mr. Anh and Mr. Su to return the area of land at the land plots 536 and 537, distribute the common property associated with the land plots 536 and 537 according to the actual measured area, divided by the number of members in the household of Mrs. Nguyen Thi B, including: Mrs. Nguyen Thi B, Mr. NLQ1 and Mrs. NQL2.

Representation of Mr. Huynh Van A: With respect to the area of 2,220m2 of the land plot No. 536, of the map No. 3, the married couple Mrs. Nguyen Thi B and Mr. Huynh Van M gave him as a gift in 1994. As the members of the same family, his parents only gave him the piece of land as a gift verbally. Mr. A has used this area of land stably without dispute and has invested in property on this area of land for more than 20 years. In addition, on this area of 2,220m2, he has grown 288 trellis posts of dragon fruit plants which are about 20 years old. Although there is no written document proving that Mrs. B gave him this piece of land as a gift. His deposition is true. That is the reason why he has invested in and cultivated plants on this piece of land for more than 20 years. Moreover, Mrs. B has had actual need and in fact she has not used this piece of agricultural land. The land plot No. 536 of 2,220m2, map No. 3, land purpose of perennial crop land, located in village D1, commune H, district HB, Binh Thuan province, house ownership registered under the name of Mrs. Nguyen Thi B was issued as the contracted agricultural land to the household, so, Mrs. B is not entitled to file a lawsuit. Currently, Mrs. B is old and weak, illiterate, suffers mental and hearing impairment, and has no need to use the area of 2,220m2. If the household of Mrs. B (including Mr. NLQ1 and Mrs. B) files a lawsuit reclaiming this piece of land, they must return the value of the property invested in by Mr. A thereon. If the household of Mrs. B returns Mr. A VND 100,000,000, Mr. A agrees to return the piece of land. Mr. also disagrees that Mrs. NQL2 has participated in legal proceedings with the position of the person with relevant interests and duties in the case: As Mrs. NQL2 immigrated to the USA in 1989 and has resided there so far, she is unrelated to this dispute. Thus, Mr. Huynh Van A rejects the lawsuit request of Mrs. Nguyen Thi B and requests the court to turn down her lawsuit request.

Representation of the respondent, Mr. Huynh Ngoc S: With respect to the land plot No. 537 of 1,652m2, of the map No. 3, Mr. Su’s parents (Mrs. Nguyen Thi B and Mr. Huynh Van M) gave Mr. Su as a gift in 1994. As members of the same family, they only gave it to him verbally. Mr. Huynh Ngoc S has used it stably without dispute and has invested in property on this piece of land, has grown 189 trellis posts of dragon fruit plants for more than 20 years. The land plot No. 537 of 1,652m2, of the map No. 3, land purpose of perennial crop land, located in village D1, commune H, district HB, Binh Thuan province, house ownership registered under the name of Mrs. Nguyen Thi B was issued as the contracted agricultural land to the household, so, Mrs. B is not entitled to file a lawsuit to reclaim this piece of land. Currently, Mrs. B is old and weak and has no need to use the piece of land of 1,652m2 and is not healthy enough to cultivate on this piece of land. So, her lawsuit petition to reclaim the area of land is not either sensible or sentimental reason. If Mrs. Nguyen Thi B seeks to reclaim this piece of land, Mr. S agrees to return it but she must make up for all the property on land and his contribution in land improvement as per the law. Mr. S also disagrees that Mrs. NQL2 has participated in legal proceedings with the position of the person with relevant interests and duties in the case. As Mrs. NQL2 immigrated to the USA in 1989 and has resided there so far, she is unrelated to this dispute. Thus, Mr. Huynh Ngoc S rejects the lawsuit request of Mrs. Nguyen Thi B and requests the court to turn down her lawsuit request.

Representation of Mr. Mr. NLQ1, person with relevant rights and obligations, in records of depositions and reconciliation: On March 28,1994, the People’s Committee of district HB issued land use right certificate No. B731690, including the land plot No. 536 with area of 2,220m2 and the land plot 537 with area of 1,652m2, of the map No.3 for growing rice purpose, located in village D1, commune H, district HB, Binh Thuan province to the household of Mrs. Nguyen Thi B in the form of contracted agricultural land to the household. At the time of issuance, the household had 3 members: Mrs. Nguyen Thi B, Mrs. NQL2, and Mr. NLQ1. However, Mrs. NQL2 immigrated abroad in 1989. Due to inadequacies in entry and exit management, her name has still existed in the household register of the family. Hence, Mrs. NQL2 is not entitled to use and does not wish to use this area of land. So, the area of land at the land plots 536 and 537 is under right to use of Mrs. Nguyen Thi B and Mr. NLQ1. As the head of the household receiving the contracted land, Mrs. Bon arbitrarily allowed Mr. Huynh Van A and Mr. Huynh Ngoc S to use this area of land without consent of Mr. NLQ1. Mr. NLQ1 objects to this decision. In 1993, there were only 2 members in the household: Mr. NLQ1 and Mrs. Nguyen Thi B, but since Mrs. B has suffered illness and loss of capacity for work, he has taken care of her since then. So, with regard to this area of land, Mr. NLQ1 is supposed to be entitled to use it as prescribed in the Land Law 1993 in Viet Nam. Mr. Hue has no dispute with anyone. Because Mr. Hue has full rights and obligations to use this area of land as prescribed in law on contracted agricultural land 1993.

Request the court to consider the acts and awareness of Mrs. Nguyen Thi B to avoid the case that Mrs. Huynh Thi L exploited Mrs. Bon to file a lawsuit not in accordance with law and moral standards. Mr. NLQ1 wishes to keep using the area of both land plots No. 536 and 53. Representation of person with relevant rights and obligations, Mrs. NQL2 (authorized representative: Mrs. Huynh Thi L): Agrees with the lawsuit petition of Mrs. Nguyen Thi B.

In the first instance civil judgment No. 01/2016/DSST dated April 29, 2016, the People’s Court of Binh Thuan province judged:

Pursuant to Article 25, Article 34 of the Civil Procedure Code; Article 224, Article 256 of the Civil Code in Viet Nam. Hereby judges: 

- Accept the lawsuit request of the petitioner, Mrs. Nguyen Thi B, reclaiming the property and distribution of common property.

- Recognize the area of 2,220m2 of the land plot No. 536 (actual 2,937.3m2) and of 1,652m2 of the land plot No. 537 (actual 1,878.2m2). Total area of both land plots in actual is 4,815.5m2) according to the land use right certificate No. B731690 issued by the People’s Committee of district HB on March 28, 1994 in the name of Mrs. Nguyen Thi B which is the common property of Mrs. Nguyen Thi B, Mr. NLQ1 and Mrs. NQL2.

- Distribute the common property of 2 land plots No. 536 and 537 with total area of 4,815.5m2 (actual area) to Mrs. Nguyen Thi B, Mr. NLQ1 and Mrs. NQL2 1,605.2m2 each (1,605m2 in round).

a/ With reference to distribution in kind:

- Mrs. Nguyen Thi B is entitled to receive the land plot No.537 of 1,605.2m2 (actual area).

- Mrs. NQL2 is entitled to receive a portion of 273m2 (actual area) of the land plot No. 537 and a portion of 1,332.2m2 (actual area at land plot No. 536). Total area of land Mrs. Hong may receive from the 2 land plots is 1,605m2. The area of land to be received by Mrs. Hong will be given to Mrs. Bon.

- Mr. NLQ1 is entitled to receive the land plot No.536 of 1,605.1m2 (actual area).

- Mr. Huynh Ngoc S is obliged to return the area of 1,605m2 of the land plot No. 537 (actual area) to Mrs. Nguyen Thi B and return the area of 273m2 (actual area) of the land plot No. 537 to Mrs. Hong.

- Mr. Huynh Van A is obliged to return the area of 2,220m2 of the land plot No. 536 (actual 2,937.3m2) to Mrs. NQL2 and Mr. Mr. NLQ1, in which distribute Mrs. Hong 1,332m2 and distribute Mr. Hue 1,605m2. The distribution of land use right in kind is enclosed with the cadastral map No. 01/2015.

b/ With reference to return of property on land:

- Mrs. Nguyen Thi B is obliged to reimburse Mr. Huynh Ngoc S VND 28,645,500 (Twenty eight million six hundred forty five thousand five hundred dong) (in which: VND 12,040,000 is the value of 56 trellis posts of dragon fruit plants and VND 14,605,500 is the payment of contribution in conversion of land purpose).

- Mr. NLQ1 is obliged to reimburse Mr. Huynh Van A VND 22,524,500 (Twenty two million five hundred twenty four thousand five hundred dong) (in which: 7,919,000 is the value of property on land such as trellis posts of dragon fruit plants, wells, makeshift houses and VND 14,605,500 is the payment of contribution in conversion of land purpose).

-  Mr. NLQ2 is obliged to reimburse Mr. Huynh Van A VND 20,040,200 (Twenty two million five hundred twenty four thousand five hundred dong) (in which: 7,919,000 is the value of property on land such as trellis posts of dragon fruit plants, well(s), makeshift houses and VND 12,121,200 is the payment of contribution in conversion of land purpose).

-  Mrs. NQL2 is obliged to reimburse Mr. Huynh Ngoc S VND 2,484,300 (Two million four hundred eighty four thousand three hundred dong) of the contribution in conversion of land purpose).

In addition, the first instance court decided the court fee and announced the appeal right to litigants as per the law. On May 12, 2016 and June 20, 2016, Mrs. B appealed the entire First Instance Judgment, requesting the Court of Appeal to clarify in the decision of the Judgment that the land portion to be distributed is perennial crop land; request distribution of the property of Mrs. NQL2 to Mrs. B; request handover of all wells on the land plot No. 537 to Mrs. B for use and reimburse the equivalent value to Mr. A; request the charge the court fee against both Mrs. B and Mrs. NQL2 and reduce the amount payable by Mrs. B; request cancellation of the reimbursement of 10% of the land value and reimbursement of the plants on land payable by Mrs. B. On May 13, 2016, Mr. Huynh Van A and Mr. Huynh Ngoc S filed an appeal with the Court of Appeal rejecting the entire lawsuit request of Mrs. Nguyen Thi B and requesting recognition of land use right of Mr. A and Mr. S since they has used the pieces of land stably for 20 years. On May 13, 2016, Mr. NLQ1 filed an appeal requesting the Court of Appeal to reject the entire lawsuit request of Mrs. Nguyen Thi B and recognize legal land use right of Mr. N1.

At the appellate court hearing:

Representation of the petitioner, Mrs. Nguyen Thi B, through the authorized representative Mrs. Huynh Thi L: Uphold the appeal of Mrs. B in the appeal petition. Request the Court of Appeal to consider 4 matters in the supplemental appeal petition dated July 19, 2017: to whom the wells are assigned, on whom the payment liability is imposed; there is wrong calculation in the First Instance Judgment of VND 2 million; the name in the tax invoice is Bon and the name in receipt of conversion of land purpose from agricultural land to perennial crop land is B, the land is left uncultivated and the plants are dead, and the First Instance Judgment forces a reimbursement of 10% of the land value for the contribution in land improvement which is improper. Mrs. L claims that the petitioner does not bear the burden to prove the time when Mrs. NQL2 went abroad because the Official Dispatch No. 518/UBND-NC dated March 24, 2015 and the Official Dispatch No. 517/UBND-NC dated March 25, 2016 of the People’s Committee of district HB determine that the land plots were issued in the presence of Mrs. NQL2.

The same representation of Mr. Huynh Ngoc S and Mr. Huynh Van A: Uphold the appeal in the appeal petition. Request the court to annul the land use right certificate No. B731690 issued by the People’s Committee of district HB on March 28, 1994 in the name of Mrs. Nguyen Thi B because Mrs. B and Mr. NLQ1 has not used the land and Mrs. NQL2 has also not used the land since she has resided abroad since 1989.

Representation of person with relevant rights and obligations, Mr. NLQ1: Uphold the appeal in the appeal petition. Reject the lawsuit petition of the petitioner and recognize the land use right of Mr. NLQ1.

After considering evidence available in the case file and opinions of the litigants presented at the appellate court hearing, the representative of the People’s Procuracy requests Trial Panel not to accept the appeal of Mrs. Nguyen Thi B, Mr. Huynh Ngoc S, Mr. Huynh Van A and Mr. NLQ1 and uphold the First Instance Judgment.

After consideration of the case files assessed and the adversarial process at the appellate court hearing, the Trial Panel judges as follows:

JUDGEMENT OF THE COURT

 [1] With reference to the dispute and jurisdiction to resolve the case: Based on the lawsuit petition of the petitioner Mrs. Nguyen Thi B claiming the respondents Mr. Huynh Van A and Mr. Huynh Ngoc S to return the land plots No. 536 and 537 according to the land use right certificate No. March 28, 1994, in the name of Mrs. Nguyen Thi B and claiming the distribution of common property on these two land plot to Mrs. B, Mr. NLQ1 and Mrs. NQL2. Thus, this dispute is considered as dispute “over land use right and distribution of land use right to household members”. First Instance Judgment was wrong when determining that the petitioner “reclaiming property and distributing the common property”. It led to the fact the this dispute over land use right has not undergone reconciliation at grassroot as prescribed in Article 135 of the Land Law 2003 and Article 202 of the Land Law 2013 in Viet Nam.

 [2]- Currently, Mrs. NQL2 has resided in the USA, so the case falls under jurisdiction of the People’s Court of Binh Thuan province as prescribed in Article 34 of the Civil Procedure Code.

 [3] With reference to court procedures: The Court of First Instance only received the translation of commitment made by Mrs. NQL2 on May 1, 2008 in the USA (case file p. 26) other than the original and documents made abroad were not consularly legalized. They are serious procedural errors. While the foregoing commitment and letter of authorization were made on August 10, 2009, the case was accepted on February 20, 2014. So, the Court of First Instance was supposed to require Mrs. NQL2 to supplement information for unclear matters in the case to resolve the case properly.

 [4]- With reference to content: With reference to distribution of land use right:   On March 28, 1994, Mrs. Nguyen Thi B was issued land use right certificate by the People’s Committee of district HB No. B731690, certifying that Mrs. Nguyen Thi B is entitled to use the total area of 3,872m2 of rice land at 2 land plots No. 536 of  2,220m2 and No. 537 of 1,652m2.

 [4.1]- The Official Dispatch No. 518/UBND-NC dated March 24, 2015 of the People’s Committee of district HB (case file p. 95) indicates: At the time of issuing the land use right certificate No. B731690 dated March 28, 1994, in the name of Mrs. Nguyen Thi B associated with the land plot No. 536 of 2,220m2 and land plot No. 537 of 1,652m2 of rice land, the household of Mrs. B had 3 members: Mrs. Nguyen Thi B, Mrs. NQL2 and Mr. NLQ1. This is the joint land use right, so these 3 members have the same right to this area of land. The land plots No. 536 and 537 were originated from the Agricultural Cooperative 1 and were distributed equally to members of the household of Mrs. Nguyen Thi B.

 [4.2]- The Official Dispatch No. 1189/UBND-NC dated June 16, 2015 of the People’s Committee of district HB (case file p. 120) indicates: “In 1993, the Agricultural Cooperative 1 distributed equally the area of land to members of the household of Mrs. Nguyen Thi B, including Mrs. Nguyen Thi B and the married couple Mr. NLQ1". This document denies the Official Dispatch No. 518/UBND-NC dated March 24, 2015 of the People’s Committee of district HB without consideration of the Court of First Instance. This is also an error.

 [4.3]- On March 25, 2016, the People’s Committee of district HB continued issuing the Official Dispatch No. 517/UBND-NC (case file p. 196) determining that: At the time when the People’s Committee of district HB issued land use right certificate No. B731690 in the name of Mrs. Nguyen Thi B, it based on the register of household members of Mrs. Nguyen Thi B, born in 1928 (head); Mr. NLQ1, born in 1969 (son); Mrs. NQL2, born in 1971 (daughter in law). The People’s Committee did not know if Mrs. NQL2 has immigrated and has the need to use pieces of agricultural land. The People’s Committee of district HB must clarify if the People’s Committee at that time had any information about Mrs. NQL2’s immigration to the USA in 1989. The People’s Committee of district HB is also answerable to the court that if its issuance of land use right certificate for the purpose of growing rice in 1994 to an immigrant is right or wrong. If Mrs. NQL2 immigrated abroad after the land use right certificate was issued, such issuance is right.

 [4.4]- Mr. A and Mr. S claim that: Mrs. NQL2 immigrated to the USA before 1989, as the Official Dispatch No. 1319/CAT-PA72 dated November 11, 2015 of Immigration Department of Binh Thuan Police (enclosed with the list of immigrants and emigrants dated October 30, 2015) (case file p. 188A, 189) indicates: Mrs. NQL2, residing in village D1, commune H, district HB, Binh Thuan province has entered into and left Vietnam 8 times, the first time was on July 29, 1999 and the last time was August 5, 2012, through the checkpoint at Tan Son Nhat airport. The Court of First Instance was ungrounded when determining that Mrs. NQL2 emigrated after being issued with the land use right certificate only based on this document.

As the case file states that Mrs. NQL2 was a Vietnamese, she got married to a “half-breed” to immigrate to the USA, on July 29, 1999, when Mrs. NQL2 entered into Vietnam with American nationality, so it proves that she immigrated to the USA before that date.   The Official Dispatch No. 1118/CV-QLXNC-P4 dated May 8, 2017 of Immigration Administration replies “no information about the initial immigration of Mrs. NQL2”.

In addition, Mr. NLQ1, Mr. Huynh Ngoc S and Mr. Huynh Van A also provide certification of the village head D1 dated November 26, 2016 that in 1989, Mrs. NQL2 and her husband emigrated abroad after their marriage. The Superior People’s Court sent the Official Dispatch No. 245/CV-TANDCC dated April 10, 2017 and the Official Dispatch No. 359/CV-TANDCC dated May 17, 2017 (second time) to the Police of commune H requiring clarification when Mrs. NQL2 emigrated abroad but no reply is received.

 [4.5]- The application for registration of agricultural land use right dated March 2, 1994 (case file p. 94) states: “Number of household members: 3 (including 1 breadwinner,...) but does not identify their names, the Court of First Instance has not clarified who wrote this application and who is the breadwinner. The Court of First Instance has also not clarified who wrote the application for conversion of land purpose dated November 7, 2005 (case file p. 90). The petitioner claims that she allowed the respondent to use the land since 1995, in 2005, in an administrative offense report, while the violator was Mrs. Nguyen Thi B, the person signed as violator in the report was Mr. NLQ1 (case file p. 88, 89). On December 28, 2005, the People’s Committee of district HB issued Decision No. 5802/QD-CT.UBND allowing the household of Mrs. Nguyen Thi B using 2 land plots No. 536 and 537 of 3,782m2 of the map No. 03 in village D1, commune H, district HB, Binh Thuan province to convert the land purpose from rice land to perennial crop land. This inconsistence requires further depositions of relevant persons who signed and wrote these documents.

 [4.6]- In addition, in the claim for illegal issuance of land use right on December 22, 2015, Mr. Huynh Ngoc S and Mr. Huynh Van A (case file p. 224, 225) state: the People’s Committee of district HB revoked land use right certificate No. B 731690 dated March 28, 1994 issued to Mrs. Nguyen Thi B the land plot 536 of 2,220m2 and land plot 537 of 1,652m2 of the map No. 3, purpose of rice land, located in village D1, commune H, district HB. With this claim, the Court of First Instance was supposed to ask whether the respondent requests cancellation of land use right to bring the People’s Committee of district HB to participate in proceedings as person with relevant rights and obligations. Now, at appellate court hearing, the respondents Mr. Huynh Ngoc S and Mr. Huynh Van A both request cancellation of the land use right certificate.

 [4.7]- As the Court of First Instance determined the case as “reclaiming property and distribution of common property”, it distributed productive land to a person who is 88 years old and has not used the land for more than 20 years; distributed land to a foreigner while Mrs. NQL2 only claims money (case file p. 25). This decision was improper.

 [4.8]- The Court of First Instance committed procedural errors and has not clarified unclear matters in the case which the Court of Appeal cannot correct. In order to ensure the interests of the litigants, it is necessary to accept partial appeal of the respondent and person with relevant rights and obligations to quash the First Instance Judgment and refer the case file to the Court of First Instance for retrial under first instance procedure.

The costs incurred in measurement, valuation and first instance court fees shall be considered upon the retrial.

Appellate court fees: No litigant is required to pay the fee. Pursuant to documents and evidence mentioned above;

HEREBY DECIDES

Pursuant to Clause 3 Article 308 of the Civil Procedure Code 2015 in Viet Nam, do not accept the appeal of Mrs. Nguyen Thi B, accept partial appeal of the respondents Mr. Huynh Ngoc S, Mr. Huynh Van A and persons with relevant rights and obligations Mr. NLQ1, quash the First Instance Judgment No. 01/2016/DSST dated April 29, 2016 of the People’s Court of Binh Thuan province. Refer the case file to the Court of First Instance for re-trial of the case under first instance procedure.

The costs incurred in measurement, valuation and first instance court fees shall be considered upon the retrial. Appellate court fees: No litigant is required to pay the fee. Refund Mrs. Nguyen Thi B VND 200,000 (two hundred thousand dong) of appellate court fee advance according to the receipt No. 0009901 dated June 7, 2016 of Department of Civil Judgment Enforcement of Binh Thuan province; refund Mr. NLQ1 VND 200,000 (two hundred thousand dong) of appellate court fee advance according to the receipt No. 0009907 dated June 21, 2016 of Department of Civil Judgment Enforcement of Binh Thuan province; refund Mr. Huynh Ngoc S VND 200,000 (two hundred thousand dong) of appellate court fee advance according to the receipt No. 0009908 dated June 21, 2016 of Department of Civil Judgment Enforcement of Binh Thuan province; refund Mr. Huynh Van A VND 200,000 (two hundred thousand dong) of appellate court fee advance according to the receipt No. 0009909 dated June 21, 2016 of Department of Civil Judgment Enforcement of Binh Thuan province.

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