03/08/2022 10:20

Parents reclaim the land after letting their children stay on their land in Vietnam

Parents reclaim the land after letting their children stay on their land in Vietnam

Nowadays, in Vietnam, there are many cases where parents let their children stay on the land, but then the children refuse to return the house to their parents, they use the excuse that their parents have given them that land for a long time. So in such cases, how can parents claim back?

According to the provisions of the law in Article 166 of  the Civil Code 2015 of Vietnam as follows:

Article 166. The right to reclaim property

1. Owners and/or holders of other property-related rights shall have the right to request the persons possessing, using or receiving benefits from the property without a legal basis to return such property.

2. The owner of a property has no right to reclaim such property that is in the possession of a holder of other property-related rights.

Therefore, in cases where other people are allowed to stay but not as a donation of land, they have the right to reclaim the land according to the provisions of law.

Typically in Judgment 29/2018/DS-PT dated January 30, 2018 on a dispute to reclaim land for accommodation, according to which:

"Mrs. Nguyen Thi D and Mr. Nguyen Van N (died in 1979) have a total of 07 children, Mr. Nguyen Van K is her oldest. In 1995, she received a land transfer from Mr. Tran Van Q at V street, now is number 419 (new number 98) street D, cluster a, ward b, S city with the price of 1.5 taels of 24K gold, at the time of transfer, there was a hand-made paper. In 1998, she built a house with a width of 4m x 7m to live in and then let Mr. Nguyen Van K whose biological son, move in temporarily to look after the land for her. Now she has a need to use the land, so she asked the People's Court of Soc Trang city to settle: Forcing Mr. Nguyen Van K, Ms. Le Nhu T, Ms. Nguyen Kim N, Mrs. Nguyen Kim C relocated her house to give her back the land 9m wide x 55m long.

The court ordered: Mr. Nguyen Van K, Mrs. Le Nhu T, grandson Nguyen Kim C, and grandson Nguyen Kim N are responsible for moving items and assets in the main house and crops... to give back to Mrs. Nguyen Thi D the land area of 274.6m2".

For each close relationship, when allowing accommodation on land, there are rarely any documents showing the accommodation and for that reason, when requesting to take back the land, the receiving party often invokes many reasons. Because of their refusal to return the land, they may say that the land has been donated or transferred to them. Therefore, when giving accommodation, there should be a specific written agreement on this accommodation to avoid future problems.

Sang Nguyen

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