29/08/2022 15:09

Vietnam: Summary of judgments on lawsuits against land acquisition decisions and compensation

Vietnam: Summary of judgments on lawsuits against land acquisition decisions and compensation

Hi LAWNET, I would like to know more about land recovery. Kindly provide some judgments on the State's land recovery decision and compensation and support when recovering land? (Ms. Huong Giang - Tien Giang, Vietnam)

Thank you for your question. Below are some judgments on the cases of land recovery decisions and compensation claims due to land recovery by the state for your reference.

1. Judgment on lawsuit against decision on land recovery, decision on compensation and support; settling complaints when the State recovers land, forcing the issuance of a decision on compensation for the recovered land use rights No. 400/2022/HC-PT

- Judgment level: Appellate

- Judicial body: High People's Court in Ho Chi Minh City

- Summary of content: Mr. Nguyen Thanh H has 6,000 m2 of land on which to construct a house, grow crops, and raise livestock.In 2010, the People's Committee of City P had the policy of planning socio-economic development of the locality right on the family's land and issued a decision to recover his area of 1,759.2m2. The People's Committee considered it to be special-use forest land and compensated VND 67,129,100. Mr. H did not agree with the two decisions because they decided to make him lose more land and the compensation was not satisfactory. After that, he made a complaint and was also assigned by the District People's Committee (city) P to have the district inspector come down to re-measure the land, but he did not come up with a solution. The People's Committee does not accept the claim of compensation. After that, the People's Committee of District (city) P still proceeded to recover the land to hand over the site to the construction unit. He disagreed because his land area continued to lose an additional area of 1,199.2 m2. Meanwhile, his original area is 6,000m2 after the People's Committee of district (city) P twice issued the decision to recover and compensate him. The lost area is 5,540m2 (only 560m2 is supported or reimbursed). The area of 5,540m2 is not mentioned.

Therefore, Mr. H filed a lawsuit to request the cancellation of the following decisions: the decision on the recovery of 1,759.2m2 of special-use forest land; compensation for the amount of 67,129,110 VND; and the decision on the settlement of complaints. forcing the People's Committee of the district (city) P to issue a decision on compensation, support, and resettlement for him with an area of 4,224.9m2 of land.

- Court's decision: to accept a part of Mr. Nguyen Thanh H's petition to sue. Forcing the People's Committee of City P to issue a Decision on Compensation and Land Support for the Recovery of Land for Mr. Nguyen Thanh H. for the acquisition of land area of 1,759.2 m2.

2. Judgment on lawsuit against land recovery decision, approval of compensation plan and coercive land recovery No. 30/2022/HC-PT

- Judgment level: Appellate

- Judicial body: High People's Court in Hanoi

- Summary of content: Implementing the RR-MC highway project, the land area Mr. A1 is using is within the site clearance area of 13,904.10m2 and is subject to land recovery by the State. On 11/12/2018, the People's Committee issued a decision to recover Mr. A1's land with an area of 13,904.10m2 and a decision on compensation, support, and resettlement in which Mr. A1 has the amount of VND 208,914,060. Disagreeing with the compensation plan, Mr. A1 complained to the MC City People's Committee. On February 19, 2019, the Chairman of the People's Committee issued Decision No. 527 on the coercive land recovery for Mr. A1 and organized the coercive recovery of the entire land area of 13,904.10m2. On December 9, 2019, the Chairman of the People's Committee did not accept Mr. A1's complaint.

Therefore, Mr. A1 filed a lawsuit to request the court to: cancel the decision on the land recovery of Mr. A1; partially cancel the decision on compensation, support, and resettlement for Mr. A1; and the decision on the enforcement of land acquisition to recalculate the compensation and support according to the provisions of the current land law; at the same time, compensate 1,700,000,000 VND for destroyed or lost property.

- Court's decision: Rejecting Mr. Luong Van A1's petition for annulment of Mr. A1's decision on land recovery and the decision on coercive land recovery.

3. Judgment No. 263/2020/HC-PT dated August 19, 2020 on lawsuits against land recovery decisions, approval of compensation and support plans upon land recovery and decision to settle complaints

- Level of trial: Appellate

- Judicial body: High People's Court in Hanoi

- Summary of content: Mr. H's family is the legal owner of two land plots with a total area of 375.7 m2. In 2013, the People's Committee of Ward X required households to declare and make a dossier for the issuance of LURCs for the land area that households are using. He and his parents, Do Thi D, have also declared and submitted an application for a certificate of land use rights for these two land plots to the People's Committee of Ward X. The competent agency has received the dossier and conducted measurements and drawings to determine the current status of the two land plots. On January 23, 2018, the People's Committee of Y town issued a decision on the recovery of residential land because it is located under the corridor of the 500/220 Kv transmission line HD-Z.2 and approved the plan of compensation and support when recovering residential land. 
He made a petition and asked the competent authorities to reconsider this land acquisition, but was refused. On May 4, 2018, his family made a complaint to the Chairman of the People's Committee of Y town, but the application was also rejected. Mr. H is suing to cancel the Decision "On the Recovery of Residential Land because it is located under the 500/220kV transmission line HD-Z2" and forcing the People's Committee of town Y to make a compensation and support plan for the area of ​​14 ,6 m2 of land acquired by his family in accordance with the law.

- Court's decision: Rejecting plaintiff's petition.

4. Judgment No. 11/2021/HC-ST dated April 20, 2021 on complaints about land recovery decisions, compensation and support decisions due to land recovery

- Level of trial: First instance

- Judicial body: People's Court of Dong Nai province

- Summary of content: Mr. L is the owner of the land plot No. 68, map sheet No. 15, Commune B, District C, Dong Nai Province, which has been granted a certificate of land use right by the People's Committee of District C on December 12, 1999. He filed a lawsuit to request the cancellation of administrative decisions issued by the People's Committee of District C, including:
Decision No. 5648/QD-UBND dated November 12, 2013 on land acquisition for the implementation of the investment project on the Ben Luc - Long Thanh expressway through District C; Decision No. 6949/QD-UBND dated December 23, 2013 on compensation and support due to land recovery; and Decision 4031/QD- People's Committee dated September 5, 2017 approving additional compensation and support for Mr. Vu Quang L.

- Court's decision: Rejecting Mr. Vu Quang L's request to initiate a lawsuit against administrative decisions of the People's Committee of District C

5. Judgment on complaints about administrative decisions in the field of land on land recovery, compensation and support when recovering land and when settling complaints when recovering land No. 28/2022/HC-PT

- Level of trial: Appellate

- Judicial body: High People's Court in Ho Chi Minh City

- Summary of content: The land area of ​​27.7m2 and the house of grade 4 Ms. Cao Phuong L are in the case of being acquired to implement the Vinh L city flood control embankment project. The land acquisition, Ms. L Thong However, she did not agree with the imposition of the compensation price for land at 6,595,400 VND at position 5. Mrs. Complaints requested that the compensation price for position 1 be raised by 23,000,000 VND/m2, that she be compensated for sliding doors, a 34.8m3 reinforced concrete block under the floor, and that she be given business support, but the request was denied by the People's Committee of Vinh L city.She continued to appeal a second time but was also not accepted. Therefore, Ms. L filed a lawsuit against the Administrative Decision against the defendant who is the Chairman of the People's Committee of Vinh L province. Request to accept the request to increase the land compensation price by 12,000,000 VND/m2 for a 46m2 area; an additional claim for 34.8m2 of reinforced concrete embankment; a 2.53m2 sliding iron door (width 1.1m, 2.3m high); a hydrometer (quantity of 1 piece); and business production supportIn the amended and supplemented petitions, Ms. L changed the requirement for the land price at position 1 by 23,178,200 VND/m2, withdrawing the request for sliding iron doors, hydrometers and supporting production and business.

- Court's decision: Not accepting the entire petition of Ms. Cao Phuong L. 

Phuong Uyen
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