04/01/2023 14:20

Collection of judgments with commitments on residential settlement and parcel separation in the land use right transfer contract in Vietnam

Collection of judgments with commitments on residential settlement and parcel separation in the land use right transfer contract in Vietnam

"I'm looking for judgments on the land use right transfer contract dispute that contain a commitment to settle or a commitment to separate the plot." _ Hong Ngoc (Ha Tinh, Vietnam) 

Hello, for your request, Lawnet would like to send you some judgments with the content of the commitment to residential and parcel separation in the land use right transfer contract as follows:

1. Judgment 102/2020/DS-PT dated May 20, 2020 on the dispute over the contract for the transfer of land use rights and compensation for damage

- Level of trial: appellate

- Judicial agency: People's Court of Dak Lak province.

- Quote from the content: "The principle contract of real estate transfer No. 02ACL dated February 20, 2017 shows that Mr. T transfers to Mrs. D 112m2 of agricultural land, the transfer amount is 295,000,000 VND. The company and Mr. T committed to completing the procedures for converting 50 m2 of residential land, separating the plot, and transferring the procedures for Ms. However, the company and Mr. T failed to change the land use purpose as committed because the state agency changed the land use plan and did not allow the division of the parcel or the conversion of the use purpose.

2. Judgment 121/2019/DS-PT dated November 26, 2019 on deposit contract dispute

- Level of trial: appellate

- Judicial agency: People's Court of Ba Ria - Vung Tau province.

- Quoting the content: "Since all of Mr. H's and Mrs. C's land is agricultural land, the two parties agree to have 100 m2 of residential land. Therefore, Mr. H and Mrs. C committed to carrying out the procedures for converting the land use purpose from agricultural land to residential land for an area of 100 m2. In January 2018, Mr. H and Ms. C were contacted to change the land use purpose to 150 m2, but then, due to a dispute with the adjacent household, the application was withdrawn. By mid-May 2018, Mr. H and Mrs. C handed over the dossier, which included two originals of the Land Use Right Certificate and the location map dated April 2, 2018 of the branch of the Land Registration Office of District X and copy of the household registration book and identity card of Mr. H and Mrs. C so that Mr. T and Mrs. G can continue to carry out the procedures for changing the purpose and separating the transferred plot on behalf of Mr. H and Mrs. C. On June 12, 2018, the Division of Natural Resources and Environment of District X issued Document No. 440/TNMT agreeing with Mr. H and Ms. C to change the land use purpose. Mr. T and Mrs. G informed Mr. H and Mrs. C and advanced VND 183,000,000 for Mr. H and Ms. C to pay for the change of land use purpose for 150 m2 of residential land. But at this time, Mr. H and Mrs. C do not want to continue to transfer the land to Mr. T and Mrs. G, so theywent to the Department of Natural Resources and Environment of District X to notify me to stop the application, stop changing the land use purpose, and refuse to accept money from Mr. T and Ms. G to pay for the change of residential land purpose."

3. Judgment 10/2021/DS-ST dated March 23, 2021 on the dispute over the contract for the transfer of land use rights

- Level of trial: First instance

- Judicial agency: People's Court of Dong Xoai City, Binh Phuoc Province.

- Quoting the content: "From the day he received the transfer of land use rights from Mrs. H until now, Mr. C has made a stable home and repeatedly asked Ms. H to do the procedure to separate the number for Mr. C as committed, but Ms. H keeps making promises and not keeping them. Mr. C is now suing to have the court recognize the legality of the land use right transfer contract dated October 6, 2001. 

4. Judgment 104/2019/DS-PT dated May 20, 2019 on the dispute over the land use right transfer contract

- Level of trial: appellate

- Judicial agency: People's Court of Binh Duong province.

- Quoting the content: "The two parties have made a real estate sale and purchase agreement contract dated March 20, 2017, the form of a contract is according to a self-composed form, signed by a witness, not notarized or authenticated. Although the contract was only signed by Mr. Th and Mrs. T, when they signed it, Mr. L (Mrs. T's husband) and Mrs. Th (Mr. Th's wife) witnessed it, and no one had any objections. The transferors, Mrs. T and Mr. L, did not notify the transferees, Mr. and Mrs. Th, that the above-mentioned land area could not be separated from the plot and pledged to change the purpose to residential land and complete the procedures of transferring to Mr. and Mrs. Th within four months from March 20, 2017."

5. Judgment on land use right transfer contract dispute No. 55/2021/DS-ST

- Level of trial: First instance

- Judicial agency: People's Court of O Mon District, Can Tho City

- Quoting the content: "On July 27, 2017, she received a transfer from her parents-in-law, Mr. Nguyen Van U, Ms. Huynh Thi S, with an area of ​​50m2, residential land in the 1985 plot. The transfer price is 15,000,000 VND; she has paid enough money for Mr. U and Ms. S. The two parties have signed a contract to transfer the land use rights, certified by Mr. Phan Van P, Area Head of Hoa An A, on July 27, 2017. In Article 3 of the transfer contract, Mr. U commits to be responsible for separating the plot for her.

6. Judgment 158/2018/DS-PT dated October 9, 2018 on a dispute over a civil contract for the transfer of land use rights

- Level of trial: appellate

- Judicial agency: People's Court of Dong Nai province.

- Quoting the content: "The transfer was not possible after that, because Mr. S and Mrs. H did not carry out the procedures to change the land use purpose to residential and signed a transfer contract for him. At present, it is not possible to continue to perform the contract because the time to carry out the change of land use purpose and sign the transfer of land use rights from September 6, 2011 to now is too long; the above-mentioned land parcel has been dissolved, and the land use right certificate (hereinafter referred to as the certificate) related to the said land parcel is held by another person.

Nguyen Sang
165


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