07/10/2022 10:33

05 judgments on land use right lease contract disputes in Vietnam

05 judgments on land use right lease contract disputes in Vietnam

Currently, with the increasing demand for business investment, leasing land use rights to build business establishments is also increasingly popular. Lease of land use right is understood as the lease by the person who has the need to use the land from the person having the land use right to use it for the purpose agreed upon in accordance with the law from the holder of the lawful land use right, expressed in a lease of the right to use under the provisions of the Civil Code 2015 and the Land Law 2013 of Vietnam.

In the process of entering into and performing a contract between the parties, some conflicts often arise, leading to disputes that must be resolved in court. So, how will disputes related to land use right lease contracts be resolved?

Here is a summary of 05 judgments on land use right lease contract disputes:

1. Judgment 183/2020/DS-ST dated 24/07/2020 on the land use right lease contract dispute

+ Level of trial: First instance

+ Judicial body: People's Court of Chau Thanh district, Tien Giang province

+ Summary: Ms. Huynh Thi Kim L signed a land use right lease contract with Mr. Nguyen Hong L1 with a lease term of 5 years, the rent for the first 3 years is 3,500,000 VND/month, the last 2 years 4,000,000 VND/month, one-time rent for 6 months. If she terminates the contract, the deposit will not be returned, if Mr. L1 terminates the contract, he must pay double the deposit. By July 2018, Mr. L1 transferred the land use right to another person and arbitrarily terminated the contract, preventing Ms. L from continuing to lease the land use right. Ms. L returns the entire leased land use right and the assets she has invested in attached to the land. Ms. L filed a lawsuit asking for the termination of the land use right lease contract and forced Mr. L1 to compensate her.

2. Judgment 107/2020/DS-ST dated August 28, 2020 on the land use right lease contract dispute

+ Level of trial: First instance

+ Judicial body: People's Court of Thoi Lai district, Can Tho city

+ Summary: In 2005, plaintiff Mr. Nguyen Van T leased a house to Mr. and Mrs. Tran Van D. The two parties agreed verbally to rent 600,000 VND/year, no agreement on when to end the contract. At the beginning of 2017, Mr. T asked Mr. D to notarize the lease of land use rights, but Mr. D said he had done it and gave a handwritten note to Nguyen Van C (T's son) but in fact, C did not sign it. Mr. T filed a lawsuit asking Mr. D to move his house and return the land to him. Mr. D agrees with the condition that Mr. T has to support the relocation money for him.

3. Judgment 46/2021/DS-ST dated April 29, 2021 on a land use right lease contract dispute

+ Level of trial: First instance

+ Judicial body: People's Court of District C, Can Tho city

+ Summary: On November 16, 2016, Mr. Vo Khac T signed a contract to lease the land use rights to Mr. Do Van X, the two parties signed a notarized lease contract at Office H.The two parties agree that the lease term is 05 years, the rental price is 16,000,000 VND/month, exempting Mr. X for the first month due to construction. Mr. X has paid rent for 3 months, then has not paid rent since March 2017 until now. Mr. X intentionally evaded the payment of land rent, on the contrary, Mr. X also leased the land to a number of people without the consent of Mr. T. Because Mr. X violated the lease contract of land use right, Mr. T sued to request to cancel the lease contract and ask Mr. X to pay the outstanding rent, totaling 656,000,000 VND.

4. Judgment 57/2021/DSPT dated April 12, 2021 on the land use right lease contract dispute

+ Judgment level: Appellate

+ Judicial body: People's Court of Bac Ninh province

+ Summary: Mr. and Mrs. Dang Van N and Mrs. Nguyen Thi N1 have 03 land plots mortgaged at Bank N. Mr and Mrs. N lease the above three plots of land to Mr and Mrs T and Ms. T1 for business and approved by Bank N. The two parties agree that the lease term is 10 years from February 13, 2017, and the rental price is VND 100,000,000/year. After signing the contract, Mr. T and his wife paid 200,000,000 VND. By 2019, Mr. N and his wife had repeatedly reminded him, but Mr. T and his wife deliberately did not pay as agreed. Mr. N and his wife filed a lawsuit asking for the cancellation of the land use right lease contract and forced Mr. T and his wife to pay 1,000,000,000 VND for not properly performing the contract.

5. Judgment 440/2020/DS-PT dated November 25, 2020 on land use right lease contract dispute

+ Judgment level: Appellate

+ Judicial body: Hanoi People's Court

+ Summary: In 2009, Mrs. B.T.H agreed to buy land in the LX industrial cluster and transferred money to Mr. T 3 times. Ms. H then signed a land lease contract with N.T company because Mr. T said the signing of the contract would let the company take care of the procedures, when finished, she would cancel this contract and re-sign the land transfer contract and transfer the name to the red book for her. H builds a house. At the beginning of 2013, N.T company handed over the land to Ms. H and asked Ms. H to lease it back to N.T company, Mrs. H agreed. H later discovered that N.T Company had leased land to H.T Company. In December 2017, she learned that T.T.T Company was leased land at LX Industrial Cluster by the State to build a mechanical factory and electrostatic workshop. She saw that this land was rented with annual payment, and T.T.T Company was not entitled to sublease and had to use it for the right purpose. Therefore, she filed a lawsuit asking for the invalidation of the land use right lease contract between her and the N.T Company, forcing the T.T.T Company and the N.T Company to pay her the land purchase amount and force the 2 companies to compensate her.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

Xuan Hien
19


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