Solutions for problems regarding professional supervision of dispute over agricultural land use right in Vietnam

Lê Trương Quốc Đạt

16:19, 20/02/2023

The Supreme People's Procuracy of Vietnam issued Official Dispatch 443/VKSTC-V9 dated February 15, 2023 on responses to questions about the professional supervision of the settlement of civil, marriage and family cases.

According to Vietnam's Official Dispatch 443/VKSTC-V9, problems related to disputes over land use rights are as follows:

The land plots of A and B are adjacent to each other, so when A builds a fence, there is an encroachment on a part of B's land. B knows but has no opinion, and the parties use the fence steadily and without dispute.

After that, B transfers the entire area of B's land plot to C, in the transfer contract write the area on B's LURC (including the area occupied by A)...

With the above problem, the People's Procuracy of Vietnam has the following answers:

- According to B's LURC, the land area occupied by A belongs to B.The fact that B does not object when A encroaches on a part of his land and lets A build a fence does not automatically mean that B has given A the above-mentioned land area.

- When B transfers the land use right to C, he has transferred the entire area on the LURC (including the land occupied by A), showing that B still identifies this land area as his. And C has paid for the entire land area on B's LURC.

- The court needs to let A and C agree on whether A can continue to use the encroached land. If C does not agree, A must return the encroached land area to C.

More details can be found in Vietnam's Official Dispatch 443/VKSTC-V9 issued on February 15, 2023.

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