16/12/2024 10:40

What is encroachment of land according to the Land Law 2024 in Vietnam? What are judgments on land disputes due to land encroachment in Vietnam?

What is encroachment of land according to the Land Law 2024 in Vietnam?

Based on Clause 9, Clause 31 of the Vietnamese Land Law 2024, the regulation on the act of land encroachment is as follows:

- Land encroachment: Is the act where the land user shifts boundary markers or parcel boundaries to expand the land area being used without the permission of the competent state authority or without consent from the lawful user of the encroached land area.

- Land occupation: Is the act of using land that the State has managed without the permission of a competent state authority or using land from another lawful land user without their permission.

Accordingly, one can understand that land encroachment occurs when a land user shifts boundary markers or parcel boundaries to expand the area of land being used, while also utilizing this expanded land without the consent of the lawful land user.

Will land delivered by the State that gets encroached in Vietnam be reclaimed?

According to Article 81 of the Vietnamese Land Law 2024, land can be reclaimed due to legal violations, including the following cases:

- Using land for a purpose different from what the State allocated, leased, or recognized, and that have been administratively penalized for such misuse but continue to violate.

- The land user damages the land and has been administratively penalized for the act of land destruction but continues to violate.

- Land was allocated or leased not to the correct subject or authority.

- Land was transferred, gifted by a person allocated or leased land by the State, who is not allowed to transfer or gift.

- Land managed by the State that is encroached or occupied...

Therefore, in Vietnam, land managed by the State that becomes subject to land encroachment will have the land reclaimed.

What are judgments on land disputes due to land encroachment in Vietnam?

Below is a compilation of judgments on land disputes due to land encroachment that have been adjudicated by courts in Vietnam:

No.	Judgment Name	Level of Trial	Court Adjudicating
1	Judgment 118/2024/DS-PT on boundary dispute on land use rights	Appellate	People's Court of Nam Dinh Province
2	Judgment 183/2024/DS-PT on contract disputes of land use rights transfer and boundary	Appellate	People's Court of Dong Thap Province
3	Judgment 34/2024/DS-PT on boundary dispute on land use rights	Appellate	People's Court of Province T
4	Judgment 161/2024/DS-PT on boundary dispute on land use rights and asset damage compensation	Appellate	People's Court of Dong Thap Province
5	Judgment 141/2024/DS-PT on boundary dispute on land use rights	Appellate	People's Court of Province D
6	Judgment 139/2024/DS-PT on boundary dispute on land use rights	Appellate	People's Court of Province D
7	Judgment 35/2024/DS-PT on boundary dispute on land use rights	Appellate	People's Court of Tra Vinh Province
8	Judgment 127/2024/DS-PT on civil dispute regarding boundary of land use rights	Appellate	People's Court of Dong Thap Province
9	Judgment 24/2024/DS-PT on boundary dispute on land use rights	Appellate	People's Court of Province L
10	Judgment 96/2024/DS-PT on boundary dispute on land use rights	Appellate	High Court in Ho Chi Minh City
11	Judgment 24/2024/DS-ST on boundary dispute on land use rights	First-instance	People's Court of Thu Thua District, Long An Province
12	Judgment 98/2024/DS-PT on boundary dispute on land use rights and common access path	Appellate	People's Court of Nam Dinh Province
13	Judgment 504/2023/DS-PT on boundary dispute on land use rights	Appellate	People's Court of Hanoi City
14	Judgment 27/2023/DS-ST on boundary dispute on land use rights	First-instance	People's Court of Chau Duc District, Ba Ria-Vung Tau Province
15	Judgment 18/2023/DS-ST on boundary dispute on land use rights	First-instance	People's Court of District M, Province D
16	Judgment 131/2023/DS-PT on request to cease obstructive behavior towards land use rights and boundary determination	Appellate	People's Court of Binh Dinh Province
17	Judgment 394/2023/DS-PT on boundary dispute on land use rights	Appellate	People's Court of Dong Thap Province
18	Judgment 63/2023/DS-ST on civil dispute regarding boundary of land use rights	First-instance	People's Court of Lai Vung District, Dong Thap Province
19	Judgment 83/2023/DS-PT on contract dispute and boundary of land use rights	Appellate	People's Court of Nam Dinh Province
20	Judgment 73/2023/DS-PT on land use rights dispute (due to building additional walls encroaching on land)	Appellate	People's Court of Da Nang City
21	Judgment 34/2022/DS-PT on dispute over boundary, landmark of land use rights	Appellate	People's Court of Hai Duong Province

- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn

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