07/10/2022 10:07

Case study on "Dispute over land use right transfer contract"

Case study on "Dispute over land use right transfer contract"

On March 19, 2021,the People’s Supreme Procuracy in Ho Chi Minh City, Vietnam issued Notice 12/TB-VKS-DS studying a case on "Dispute over land use rights transfer contract" between plaintiff Ms. Lam Thi Xung and defendant Mr. Pham Van Voi, Mrs. Nguyen Thi Hoa.

Specifically, in 2002, Ms. Lam Thi Vang received the transfer of 8,232 square meters of land located at Thuan Tay land, Ben Cau district, Tay Ninh province from Mr. Pham Van Voi and Mrs. Nguyen Thi Hoa for 318,500,000 VND.

Plaintiff said that she had fully paid the transfer fee for Mr. Voi and Mrs Hoa with the witness of Ms. Mo.  Mr. Voi and Mrs. Hoa also had handed the land as well as the LURC over to Ms. Xung to procede the land right transfer. When she went to theDepartment of Natural Resources and Environment of Ben Cau District to complete the procedures, Ms. Xung learned that the transferred land area was part of the planning, so it had not been transferred.

By 2009, the State recovered 3,249.3 square meters and paid compensation of 2,269,753,000 VND, Mr. Voi and Mrs. Hoa were the recipients of compensation according to Decision 823/QDUBND dated February 25, 2010 and Decision 824/QD-UBND dated March 1, 2010.

Now, Ms. Hung initiates a lawsuit asking Mr. Voi and Mrs. Hoa to continue the land use rights transfer contract between the parties for the land of 4,982.7 square meters not included in the planning; request the cancellation of Decision No. 823 and Decision No. 824 to recognize Ms. Xung's right to receive compensation for land recovery of 2,269,753,000 VND.

See more in Notice 12/TB-VKS-DS dated 19/3/2021.


Thu Linh

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