01/04/2023 08:27

Collection of judgments on compensation for damages due to the property being infringed in Vietnam

Collection of judgments on compensation for damages due to the property being infringed in Vietnam

I would like to have some judgments on compensation for damages due to the property being infringed in Vietnam. I hope you can help me_Huu Duc (Ha Tinh, Vietnam)

Hello, for your request, Lawnet would like to send you the following judgments:

1. Judgment on compensation for damages due to the property being infringed No. 32/2022/DS-ST

- Level of trial: First instance

- Judicial body: People's Court of Thanh Phu district, Ben Tre province

- Quoted content: " On April 27, 2021, Ms. Tran Thi Thuy Ng came in front of Mrs. N's house and beat her, causing injury to her in many different places and on the neck area, and appropriating her property, an 18k gold chain worn around her neck. The incident happened, and she reported it to the Th Commune Police and the T District Police Investigation Agency for settlement. On August 27, 2021, the Police Investigation Agency of District T issued a notice not to prosecute a criminal case because her injury rate was 07% and an 18k gold chain she wore around her neck did not constitute a crime, and there was no crime. crime occurs. Because she is not eligible to prosecute a criminal case, she now asks the Court to force Ms. Tran Thi Thuy Ng to compensate her for property damage:One 18-karat gold chain was valued by the Council at 37,158,600 VND. In case Ms. Ng does not pay in gold, she asks Ms. Ng to pay with the equivalent value of 37,158,600 VND. The documentary evidence to support the lawsuit claim is the recording of the conversation between her and Ms. Ng, which has been submitted to the Court."

2. Judgment on compensation for damages due to the property being infringed No. 68/2022/DS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Phu Yen province

- Quoted content: "Mr. T and his wife reclaimed a parcel of forest land with an area of about 2 hectares in S district, Phu Yen province. From 1997 to 2013, the 2 hectares of land he and his wife reclaimed were recovered by the District Vocational Training Center. From 2013 to 2020, he was illegally occupied by Mr. H - an employee of Company C. In 2020, Mr. H exploits the acacia trees planted in the area that Mr. H has occupied. After mining, Mr. and Mrs. H met him and his wife and suggested that he and his wife sell the land plot that Mr. H and his wife had occupied, but he and his wife did not sell. In September 2020, he and his wife planted 6,000 acacia trees on their plot of land that was occupied by Mr. H and his wife. The total investment cost of planting trees and seedlings is VND 17,800,000. From 2014 to 2020, he continuously submitted applications to the authorities at all levels to ask for the handover of the land plot that he and his wife had reclaimed but were not approved. On October 12, 2020, Mr. H and his wife cut down 6,000 acacia trees that he and his wife planted. Then he sent an application to the People's Committee of commune X, the police of commune X, and the police of town S, requesting that they handle the behavior of Mr. H and his wife, but the issues were not resolved. Therefore, he sued Mr. H, asking the court to settle and force Mr. H and Mrs. B to jointly compensate him and his wife the amount of VND 17,800,000.

3. Judgment on compensation for damages due to the property being infringed No. 54/2021/DS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Phu Yen province

- Quoted content: " On July 26, 2020, Mr. Vo Van Ng and Mr. Vo Van C burned grass on Mr. Ng's land, then the fire spread through the grass of Mr. Q's house, burning grass, bananas, acacia, and figs; Mr. Q saw the burning grass and shouted, but Mr. Ng and Mr. C just watched and did not put out the fire. Mr. Q tried to put out the fire but could not, so the fire caused damage to Mr. Q's family amounting to 41,000,000 VND. Mr. Q requested to prosecute a criminal case, but on November 3, 2020, SC town police announced the results of a criminal investigation that determined Mr. C's behavior was unintentional; causing damage to Mr. Q's property valued at VND 6,120,739, so Mr. Q asked Mr. Ng and Mr. C to pay compensation to him and his wife for VND 6,120,739."

4. Judgment on compensation for damages due to the property being infringed No. 15/2022/DS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Yen Bai province

- Quoted content: "On July 16, 2020, Mr. K and Mrs. T bought a piece of land from Mr. Th and Mrs. D in district B, Yen Bai province. There is a contract on land use rights transfer between the two parties at the Notary Office with the following contents: Mr. Luong Toan Th and Ms. Nguyen Thi D transferred to Mr. and Mrs. K and Mrs. T the right to use land in the certificates of land use rights, ownership of houses and properties attached to the land. After receiving the transfer, Mr. and Mrs. K completed the procedures for registration of the above-mentioned land use rights and were granted a land use right certificate. However, the Certificate only shows that Mr. K and Mrs. T own the land area, not housing or other construction works. When Mr. K's family hired someone to repair the house at level 4, Mr. D obstructed and prevented Mr. K's family from repairing it and continued to dismantle some properties. Now Mr. K and Ms. T sue to request the court settle: forcing Mr. D to pay a total of 72,340,000 VND in compensation. In which: damaged property is valued at 5,000,000 VND; the damage caused by not doing the rental business from October 2020 to March 2022 is valued at 55,440,000 VND. In addition, Mr. K and Ms. T determined that the assets on the land (level 4 house) are the property of the co-plaintiff - a third party that trades in good faith with Mr. Luong Toan Th."

5. Judgment on compensation for damages due to the property being infringed No. 50/2022/DS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Hau Giang province

- Quoted content: "In the dry season of 2020, Mr. S and Ms. Ng gathered robe in the land of Mr. S and Ms. Ng. In order to facilitate the movement of Mr. S, Ms. Ng has given all the flood-proof dykes. By the time the flood season came, it had not been restored as originally, so in the first half of the 9th lunar month, flood water flooded Baba ponds, catfish ponds, and giant fish. Causing damage to 1,200 Baba (about 3 fish/ kg), 1,500 Pangasius fish, and 2,000 Tai Tuong fish. The total damage was 37,000,000 VND. The request for settlement forces Mr. S and Ms. Ng to compensate Mr. G for the damage amount.

Hua Le Huy
242


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