27/07/2022 11:13

Can plants grown on recovered land, mistakenly sawed, be compensated in Vietnam?

Can plants grown on recovered land, mistakenly sawed, be compensated in Vietnam?

At present, there are still many cases where people exploit and harvest trees by planting trees on plots of land that have been recovered by the state or on public land... So when those trees are cut or damaged by others, people will Planters have the right to claim compensation.

Typically in Judgment 78/2017/DS-PT on disputes over compensation for non-contractual damages; Whereby:

“In November 2015, Mr. Mai Quang H had an agreement to sell Mr. Pham Van S 600 melaleuca trees planted along the coast surrounded by rubber on the land plot of the two grandparents that was recovered by the government in 2009 ( they planted rubber trees in 2012).

After Mr. S finished sawing melaleuca, Mr. H discovered that when he saw melaleuca, Mr. S mistakenly sawed as well as broke and damaged many of his rubber trees. Therefore, Mr. H filed a lawsuit asking Mr. Pham Van S to compensate him 15,180,000 VND.

The court said: It is illegal for Mr. and Mrs. H to plant rubber trees on the land that has been confiscated by the state. Therefore, property that is a plant grown on the land is an illegal property, so it is not protected by law and the Court does not accept Mr. Mai Quang H's request to sue."

Compared with the provisions of Article 604 of the 2005 Civil Code of Vietnam on the grounds for arising liability to compensate for damage, then: 

Article 604. Grounds for liability to compensate for damage

1. Those who intentionally or unintentionally infringe upon the life, health, honor, dignity, prestige, property, rights, or other legitimate interests of individuals or infringe upon the honor, prestige and property of legal persons or other subjects and thereby cause damage shall have to compensate.

2. In cases where the law provides that the persons who cause damage must compensate even when they are not at fault, such provision shall apply.

Therefore, according to the above provisions, in principle, the law only protects the legitimate rights and interests of individuals and organizations when they are infringed.

As for the rubber trees of Mr and Mrs. H and Mrs. Phe that were damaged by Mr. S, the property was built on the land that was recovered by the state. It is not allowed to plant trees on the land that has been acquired, so the property formed on the land is considered illegal and therefore not protected by law.

In this case, because Mr. H and Mrs. Phe did not learn the law so that they could know that their property was not protected by the state, and then lost time in court proceedings, and paid court fees...

In conclusion, when we have any dispute, we should first find out the legal provisions to see if the law protects us or not in order to have the right solution.

Nguyen Sang

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