Is it a violation to let the branches of a banana tree planted in your garden extend into your neighbor's yard in Vietnam?

Is it a violation to let the branches of a banana tree planted in your garden extend into your neighbor's yard in Vietnam?

Pursuant to Article 175 of the Civil Code in 2015 stipulating boundaries between immovable properties as follows:

1. The boundaries between adjoining immoveable properties shall be determined in accordance with the agreement of the owners or in accordance with a decision of the competent authority.

The boundaries may also be determined in accordance with customary practice or according to boundaries which have existed for thirty (30) or more years without dispute.

The land user may not encroach upon the boundary or change the boundary markers, including boundaries being canals, irrigation ditches, trenches, gutters or boundaries of rice fields. Each entity must respect and maintain the common boundaries.

2. A person having land use rights may use the airspace and the sub-surface according to the vertical dimensions of the boundaries around the land as prescribed by law and may not interfere with the use by other persons of the adjoining land.

A land user may only plant trees and performs other activities within the area covered by its land use rights and according to the defined boundaries. If the roots and branches of trees extend beyond the boundaries, such person must clip and prune the parts of the trees beyond the boundaries, except as otherwise agreed.

Pursuant to Clause 1 Article 170 of the Civil Code in 2015 stipulating as follows:

The use of land must be for the right purpose, within the correct boundaries of the land plot, in accordance with regulations on the use of depth in the ground and height in the air, and in accordance with other relevant legal regulations.

As regulations above,, land users who use land for the right purpose and within the boundaries of their land plot must trim, cut, or prune branches that extend beyond the boundary, except in cases of agreement.

Therefore, planting a banana tree and allowing the branches to extend into a neighbor's yard without the neighbor's consent is a violation of the law.

Can a neighbor cut down a banana tree that touches the power lines in Vietnam?

Pursuant to Article 177 of the Civil Code in 2015 stipulating safety guarantee with regard to trees or constructions posing risks of causing damage as follows:

1. Where there is a danger that a tree or a construction will collapse onto an adjoining immoveable property, the owner must cut down the tree or repair or demolish the construction at the request of the owners of adjoining immovable property or a competent authority. If such person does not cut down the tree or demolish the construction, the owner of an adjoining immoveable property may request a competent authority to procure that the tree be cut down or the structure be demolished. The expenses for cutting down the tree or demolishing the construction shall be borne by the owner of the tree or the structure.

2. When digging a well or a pond or constructing underground structures, the owner of the project must do so at the distance away from the boundaries provided by the law on construction.

When constructing a hygiene construction work, a storehouse of hazardous materials and other construction works likely to cause environmental pollution, the owner of that property must build it a distance far from the markers and in reasonable location, ensure hygiene and safety and do not affect the owners of other immovable properties.

3. If damage is caused to the owners of adjoining or neighboring properties prescribed in Clauses 1 and 2 of this Article, compensation must be made.

Therefore, if the banana tree branches that touch the power lines do not pose a risk of falling onto adjacent properties. In this case, the neighbor is not allowed to cut down your banana tree in this case.

Is it a violation to repair or renovate borrowed items from a neighbor in Vietnam?

Pursuant to Article 496 of the Civil Code in 2015 stipulating obligation of borrowers of property as follows:

1. Take care of and preserve the borrowed property and not to change the condition thereof at the volition of the borrower. The borrower must repair any normal damage to the property.

2. Do not on-lend the property to any other person without the consent of the lender.

3. Return the borrowed property on the due date. If there is no agreement on the time for returning the property, the borrower must return the property immediately after the purpose of the borrowing has been achieved.

4. Compensate for damage where the borrower causes damage to or loss of the borrowed property.

5. The borrower must bear the risk in relation to the borrowed property during the period of late return.

Therefore, when borrowing items from a neighbor or anyone else, you do not have the right to change the condition of the property without the permission of the owner of the property.

Best regards!