Overview of the content of 13 current precedents on land in Vietnam

1. Precedent No. 04/2016/AL on the case "Dispute on land use rights transfer contract" in Vietnam

Overview: Where real estate is the common property of husband and wife but only one person signs the contract to transfer that real estate to another person, the other person does not sign the contract; if there are enough grounds to determine that the transferor has received the full amount as agreed, the person who did not sign the contract knows and uses the real estate transfer money; the transferee of the real estate has received, managed, and used that real estate publicly; if the person who does not sign the contract knows and has no objections, it must be determined that he or she agrees with the transfer of real estate.

2. Precedent No. 07/2016/AL on recognition of house purchase and sale contracts before July 1, 1991 in Vietnam

Overview: House purchase and sale contracts were made in writing before July 1, 1991, signed by the seller, clearly stating that the seller had received full payment and the buyer; Although the parties have not signed the contract, they are the contract holders and have managed and used the house stably for a long time without the seller having any dispute claiming money to buy the house.

In this case, the contract is valid and determines that the buyer has paid the seller in full, the buyer's will agrees with that house sale contract, and the house sale contract is recognized.

3. Precedent No. 11/2017/AL on recognizing contracts of mortgage of land use rights where there are assets on the land that do not belong to the mortgagor in Vietnam

Overview:

- One party mortgages his/her own land use rights and assets attached to the land to ensure the performance of civil obligations, but there are also assets owned by another person on the land; The form and content of the contract are in accordance with the provisions of the law. In this case, the Court must determine that the mortgage contract is legally valid.

- The mortgagor and the mortgagee agree that the mortgagee is allowed to sell the secured asset, which is land use rights on which there is a house that is not owned by the land user. In this case, when resolving, the Court must give the home owner on the land the priority right to receive the transfer of that land use right if they have a need.

4. Precedent No. 14/2017/AL on recognizing conditions of contracts donating land use rights that are not stated in the contract in Vietnam

Overview: the contract for donating land use rights does not state the donation conditions, but other related documents and documents show that the parties have agreed on the donation conditions and that the donation conditions are legal. In this case, the Court must recognize the conditions of the land use rights donation contract and determine that the land use rights donation contract is a conditional asset donation contract.

5. Precedent No. 15/2017/AL on recognizing oral agreements of litigants in converting agricultural land use rights in Vietnam

Overview: The litigants voluntarily agreed verbally with each other on the conversion of agricultural land use rights before October 15, 1993 (the effective date of the 1993 Land Law); Registered and declared the changed land area and recorded it in the cadastral book; it has been directly cultivated and used stably, continuously, and long term. In this case, the Court must recognize the parties' oral agreement on the conversion of agricultural land use rights to determine whether the parties have the right to use the changed land area.

6. Precedent No. 16/2017/AL on recognizing land use rights transfer contracts as inheritance transferred by one of the co-heirs in Vietnam

Overview: Inheritance is real estate that has been transferred by one of the co-heirs. The other co-heirs knew and did not object to that transfer. The transferred money was used to take care of the lives of the co-heirs. The transferee has been issued a land use right certificate. In this case, the Court must recognize the land use rights transfer contract as legal, and the transferred land area is no longer part of the inheritance block but belongs to the transferee's use rights.

7. Precedent No. 25/2018/AL on not having to pay a deposit for objective reasons in Vietnam

Overview: A deposit contract to ensure the conclusion of a home purchase and sale contract has an agreement that, within a certain period of time, the deposit recipient must complete the procedures to be granted a certificate of home ownership. If there are any violations, the violator must pay a deposit.

At the end of the agreed-upon term, the deposit recipient has not been granted a certificate of home ownership due to reasons beyond those of a competent state agency. In this case, it must be determined that the deposit recipient's inability to comply with the commitment is objective and that the deposit recipient is not subject to a deposit penalty.

8. Precedent No. 31/2020/AL on determining the right to rent a house and buy a house owned by the State according to Decree No. 61/CP dated July 5, 1994 of the Government on property rights in Vietnam

Overview: Individuals are eligible to buy state-owned housing according to Decree No. 61/CP dated July 5, 1994 of the Government on buying, selling, and doing business in housing. However, when that person was alive, he or she had not completed the procedures for purchasing the house according to the provisions of the law. In this case, the right to rent a house or buy a house owned by the State must be determined as property rights and transferred to that person's heirs.

9. Precedent No. 32/2020/AL on cases where land was explored by an individual but then settled abroad and someone else managed and used it stably and long-term in Vietnam

Overview: Land was originally exploited by an individual but then settled abroad and was managed and used by others in a stable and long-term manner. During the process of using the land, this person improved the land, built a stable house, registered, and was granted a land use right certificate. In this case, it must be determined that the individual who cleared the land no longer has legal land use rights, so the request to reclaim land use rights has no basis to be accepted.

10. Precedent No. 33/2020/AL on cases where individuals are allocated land by the State but do not use it but let others manage and use it stably and long-term in Vietnam

Overview: Individuals are granted land by the State but do not use it; they let others manage and use it in a stable and long-term manner from the time the land is allocated. During the process of using the land, this person improved the land, built stable housing, and registered to declare land use rights without the land grantee having any comments. In this case, the Court does not accept the request to reclaim land use rights.

11. Precedent No. 34/2020/AL on the right to make a will to determine compensation value for land in case land is recovered by the State with compensation in Vietnam

Overview: Land use rights are legally created by an individual while that person is still alive; the State has decided to recover the land, and the recovery of that land is subject to compensation. In this case, it must be determined that the value of the recovered land use rights is guaranteed by the compensation value, so the person whose land is recovered has the right to make a will to determine that compensation value.

12. Precedent No. 35/2020/AL regarding an overseas vietnamese’s allocation of agricultural land to a resident in vietnam before immigration

Overview: Before settling abroad, Vietnamese people handed over agricultural land to people in the country to use; People living in the country have used that land stably and long-term and have been granted a land use right certificate. In this case, it must be determined that people in the country have legal land use rights. The Court will not accept the request to reclaim land use rights.

13. Precedent No. 36/2020/AL on the validity of land use rights mortgage contracts when land use rights certificates are revoked or canceled in Vietnam

Overview: The land use rights mortgage contract complied with the law, but the land use rights certificate was later revoked or canceled due to errors on land area and order and procedures for granting land use rights certificates. The revocation or cancellation of a land use right certificate does not take away the legal land use rights of the land user. In this case, it is necessary to determine whether the land use rights mortgage contract is legally effective.

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Key word: Precedent | in Vietnam | Vietnam | land use rights | land |

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