What are cases requiring adjacent land boundary agreements in Vietnam? What are judgments on boundary disputes between adjacent properties in Vietnam?

1. What are cases requiring adjacent land boundary agreements in Vietnam?

The Land Law 2024 and current related documents do not have specific regulations regarding the confirmation of adjoining land boundaries. However, it can be understood that confirming adjoining land boundaries involves the land user signing to acknowledge the boundary markers and expressing their opinions on the adjoining land boundaries.

Typically, confirmation of adjoining land boundaries is applied in the case of completing the procedures for the initial registration and issuance of a Land Use Right Certificate.

Additionally, some other cases that require confirmation of adjoining land boundaries include:

- Request for additional documentation to resolve land disputes between two adjacent houses.

- Re-issuance/change of the Land Use Right Certificate that requires remeasurement of the parcel area.

- Surveying, updating maps, and cadastral records...

- Conducting land inventory in the cycle.

- Signing to confirm boundaries after resolving land disputes...

The confirmation of adjoining land boundaries is reflected in the description of the land boundaries when applying for the Land Use Right Certificate, aiming to demonstrate that the land is not under dispute between the applicant and the owner of the adjacent parcel.

Furthermore, in Appendix No. 11 issued with Circular 25/2014/TT-BTNMT, there are regulations regarding the form of the description of parcel boundaries, in which there is a section for the signature of the land user, the manager of the adjoining land to confirm the use of land boundaries.

However, Clause 2.4 Article 11 Circular 25/2014/TT-BTNMT (amended and supplemented by Circular 33/2017/TT-BTNMT) also regulates:

Article 11. Determination of parcel boundaries, preparation of parcel boundary descriptions

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2. Description of parcel boundaries

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2.4. In cases where, after 10 days from the receipt of the description of parcel boundaries, the adjoining land user does not sign to confirm, and at the same time there is no document indicating a dispute, complaint, or denunciation related to the parcel boundaries, the parcel boundaries shall be determined according to the description signed by the remaining related parties and the guide surveyor, with specific reasons noted for why the adjoining land user did not sign the confirmation in the "reason for disagreement" section of the parcel boundary description.

Thus, the confirmation of adjoining boundaries is to demonstrate that there is no dispute over land between the land user and the owner of the adjacent parcel, and this is not a mandatory procedure.

2. What are judgments on boundary disputes between adjacent properties in Vietnam?

Below are some judgments regarding boundary disputes between adjacent real estate properties:

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