Law on real estate registration in Vietnam

2. Regarding the content: Not accepting the appeal of Ms. Nguyen Thi Hai, Mr. Nguyen Van Cua, Ms. Chau Ngoc An; Partially amending the decision of the first instance judgment on the content of measuring and specifically determining the land boundaries to be divided by the parties.

-Accepting Mr. Le Van Lung's lawsuit request, Ms. Do Thi Lan requested to cancel the land use rights transfer contract and divide the land among family members.

- Cancellation of contract for transfer of right to use 7,956m2Land transfer contract No. 180/CN approved by Binh Chanh District People's Committee on March 15, 2001 between Ms. Nguyen Thi Hai and Mr. Nguyen Van Cua.

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- Cancel the contract for transferring the right to use 7,956m2 of land between Mr. Nguyen Van Cua and Ms. Chau Ngoc An established on July 23, 2001.

- Cancel the contract to transfer the right to use 5,993m2 of land belonging to plot 4708, map sheet number 7, Tan Kien commune, Binh Chanh district, established on November 10, 2001 between Mr. Nguyen Van Cua and Ms. Nguyen Thi Hai.

Propose that the People's Committee of Binh Tan District, Ho Chi Minh City, revoke the land use right certificate No. 168/QSDD issued by the People's Committee of Binh Chanh District (old) to Ms. Nguyen Thi Hai's household on May 27, 2000 because this certificate was transferred to Mr. Nguyen Van Cua according to the transfer contract No. 180/CN approved by the People's Committee of Binh Chanh District, the transfer was incorrectly recorded on March 15, 2001.

-Forced Ms. Nguyen Thi Hai to divide the land among the household members. Mr. Le Van Lung and Ms. Do Thi Lan were given 5,304m2 ; Ms. Nguyen Thi Hai was given 2,652m2 .

-Forced Ms. Nguyen Thi Hai to return to Mr. Nguyen Van Cua 384 taels of SJC gold and 01 land use right certificate No. 209/QSDD/2001 issued on June 4, 2001 in the name of Mr. Nguyen Van Cua.

-Forced Mr. Nguyen Van Cua to return 350 taels of SJC gold to Ms. Chau Ngoc An.

- Not accepting the appeal of Ms. Nguyen Thi Hai and Mr. Nguyen Van Cua to continue implementing the land transfer contract signed on December 24, 2000, approved by the People's Committee of Binh Chanh district on March 15, 2001.

- Do not accept the appeal of Ms. Chau Ngoc An requesting recognition of the valid land use rights transfer contract between Ms. Nguyen Thi Hai and Mr. Nguyen Van Cua and the land transfer contract between Mr. Cua and her as valid and demand Mr. Nguyen Van Cua to pay the deposit penalty for violating the transfer contract signed on July 23, 2001, the land price depreciation amount on the amount of gold Mr. Cua received.

Assign to the People's Committee of Binh Tri Dong A Ward, Binh Tan District, Ho Chi Minh City to conduct measurements, coordinate with competent authorities to draw up a location map, specifically determine the land boundary to be divided into the land area of Ms. Nguyen Thi Hai divided into 2,652m2 belonging to plots 330, 331, map sheet No. 4 and the land area of Mr. Le Van Lung, Ms. Do Thi Lan divided into 5,304m2 belonging to plots 330, 331, 332, 333, map sheet No. 4 of Binh Tri Dong A Ward, Binh Tan District, Ho Chi Minh City to have a basis for Ms. Hai, Mr. Lung and Ms. Lan to register, declare and establish land use rights according to the provisions of law.

The division of land and delivery of gold between the parties: Mrs. Hai, Mr. Cua, Mrs. An was carried out immediately after the judgment took legal effect. The delivery of gold was carried out at the Civil Judgment Enforcement Office of Binh Tan District, Ho Chi Minh City.

Regarding first instance court fees: Mr. Le Van Lung and Ms. Do Thi Lan must pay 20,130,000 VND in first instance civil court fees, deducted from the advance court fee.

4,652,000 VND according to receipt number 034093 dated February 18, 2003 of the Civil Judgment Enforcement of Binh Chanh District. Mr. Lung and Ms. Lan must also pay an additional amount of 15,478,000 VND.

Exemption of first instance civil court fees for Ms. Nguyen Thi Hai.

Mr. Nguyen Van Cua must pay 29,905,000 VND in civil first instance court fees, deducted from the advance payment of 15,093,000 VND in court fees according to receipt number 003676 dated May 12, 2005 of the Civil Judgment Enforcement Department of Binh Tan District, Ho Chi Minh City. Mr. Cua must also pay an additional amount of 14,812,000 VND. Refund the advance payment of court fees to Ms. Chau Ngoc An of 14,935,000 VND according to receipt number 003696 dated May 19, 2005 of the Civil Judgment Enforcement Department of Binh Tan District, Ho Chi Minh City.

Civil appeal fees: The parties are not required to pay civil appeal fees. Refund the advance payment of appeal fees to Mr. Nguyen Van Cua and Ms. Chau Ngoc An according to receipt number 003911, 003907 dated October 5, 2005 of the Civil Judgment Enforcement Department of Binh Tan District, Ho Chi Minh City.

Other parts of the first instance judgment that were not appealed or protested have come into legal effect.

The appellate judgment takes effect immediately after the judgment is pronounced.

Recipient:

-TCND

-HCM City People's Procuracy

-Q.BC People's Court

-THA Q.BC

-The parties

TM. APPEAL COUNCIL OF PEOPLE'S COURT OF HO CHI MINH CITY.

JUDGE - PRESIDING JUDGE

- Luu HS VP. Do Giang

LIST OF REFERENCES

I. DOMESTIC LEGAL DOCUMENTS

1. Civil Code 2005

2. Land Law 2003.

3. Housing Law 2005.

4. Decree 181/2004/ND-CP.

5. Decree 90/2006/ND-CP.

II. FOREIGN LEGAL DOCUMENTS

6. Japanese Real Estate Registration Law; Law No. 24, February 24, 1899, Vietnamese translation, document for the Drafting Committee of the Vietnamese Real Estate Registration Law.

7. Korean Real Estate Registration Law, Vietnamese translation, document for the Drafting Committee of Vietnam Real Estate Registration Law.

8. Law on state registration of real estate rights and real estate transactions of the Russian Federation, 1996, Vietnamese translation, document for the Drafting Committee of the Law on Real Estate Registration of Vietnam.

III. DOMESTIC BOOKS AND PAPERS

9. Drafting Committee of the Law on Real Estate Registration Project - Ministry of Justice, Report on practical application of the law on real estate registration, Minutes

Proceedings of the Workshop "Law on real estate registration", organized by the Ministry of Justice, 2007, Hanoi.

10. Editorial Board of the draft Law on Real Estate Registration, Report to the Drafting Board on the orientation for drafting the draft law on real estate registration, Ministry of Justice, 2008.

11. National Registry of Secured Transactions, Preliminary report on research and survey results on land administration, notarization and real estate registration in the French Republic, Proceedings of the Workshop "Law on real estate registration", organized by the Ministry of Justice, 2007, Hanoi.

12. National Registration Office for Secured Transactions, Law on Real Estate Registration, Proceedings of the Workshop “Law on Real Estate Registration”, organized by the Ministry of Justice, 2007, Hanoi.

13. National Registration Office for Secured Transactions, Report on the Workshop “Law on Real Estate Registration”, Proceedings of the Workshop “Law on Real Estate Registration”, organized by the Ministry of Justice, 2007, Hanoi.

14. Nguyen Duy Can, Analysis and assessment of the current status of the organizational model of the real estate registration system, Proceedings of the Workshop "Law on real estate registration", organized by the Ministry of Justice, 2007, Hanoi.

15. Nguyen Si Dung, Philosophy of Legislation, Journal of Legislative Studies, No. 6, 2003.

16. Nguyen Ngoc Dien, The relationship between real estate registration and establishment of rights to real estate, Journal of Legislative Studies, No. 12/2006.

17. Ho Quang Huy, Real estate registration and the issue of establishing and recognizing rights related to real estate, Proceedings of the Workshop "Law on real estate registration", organized by the Ministry of Justice, 2007, Hanoi.

18. Tran Quang Huy and Pham Xuan Hoang, Land use rights in Vietnam's real estate market, Justice Publishing House, 2004.

19. Pham Xuan Hoang, Discussing the role of the representative owner and land manager of our state today, proceedings of the scientific conference "Geography - Land Administration", University of Natural Sciences, Vietnam National University, Hanoi, 2006.

20. Pham Xuan Hoang, “In search of the philosophy of the red book”, Proceedings of the Scientific Workshop “Land administration and real estate market: Theory and practice in Vietnam”, Institute of Land Administration, Ministry of Natural Resources and Environment, 2006.

21. Nguyen Thu Hang, Current status of the real estate registration system and proposed directions for improvement, Proceedings of the Workshop "Law on real estate registration", organized by the Ministry of Justice, 2007, Hanoi.

22. Ngo Trong Khanh, The situation of land use rights registration and house ownership rights in Hanoi, Proceedings of the Workshop "Law on real estate registration", organized by the Ministry of Justice, 2007, Hanoi.

23. Matsumoto Tsuneo, Overview of real estate law and Japanese real estate registration law, Proceedings of the Workshop “Law on real estate registration”, organized by the Ministry of Justice, 2007, Hanoi.

24. Pham Duy Nghia, Lecture on property law, Advanced training course on Law (Fulbright Teaching Program), Ho Chi Minh City, 2005, downloaded from website: http://www.fetp.edu.vn

25. Pham Duy Nghia, Economic Law Monograph, Hanoi National University Publishing House, 2004.

26. Pham Duy Nghia, Red, pink, green: the arduous colors of land registration, Legislative Studies magazine, 2006.

27. Pham Duy Nghia, Land use rights in the real estate market, State and Law, No. 10/2003.

28. Pham Duy Nghia, Vietnam's economic law basis for a sustainable and globalized economy, National Political Publishing House, Hanoi, 2003.

29. Dang Truong Son, Law on real estate registration in the conditions of a socialist-oriented market economy, Proceedings of the Workshop "Law on real estate registration", organized by the Ministry of Justice, 2007, Hanoi.

30. Nguyen Dang Son, Real estate registration, Proceedings of the Workshop "Law on real estate registration", organized by the Ministry of Justice, 2007, Hanoi.

31. People's Court of Ho Chi Minh City, Judgment No. 454/2006/DSPT, dated May 11, 2006.

32. Nguyen Thi Cam Van, Current status of land use rights registration law, Proceedings of the Workshop "Law on real estate registration", organized by the Ministry of Justice, 2007, Hanoi.

33. VCCI, Business Environment Newsletter, No. 12/2005.

34. "Red book": money and trouble! Tuoi Tre, Wednesday, November 7, 2007.

IV. FOREIGN ENGLISH BOOKS AND PAPERS

35. Denise Hare, The origins and influence of Land Rights in Vietnam, Development Policy Review, 2008.

36. Cadastre, the free encyclopedia, Wikipedia.org, updated April 15, 2008.

37. Deeds registration, the free encyclopedia, Wikipedia.org, updated April 15, 2008.

38. Land Registration , the free encyclopedia, Wikipedia.org, updated April 15, 2008.

39. Recorder of deeds, the free encyclopedia, Wikipedia.org, updated April 15, 2008.

40. The Torrens title system, the free encyclopedia, Wikipedia.org, updated April 15, 2008.

41. The English system, the free encyclopedia, Wikipedia.org, updated April 15, 2008.

FRENCH

42. André Maurin, Le cadastre en France – Histoire et Rénovation, Center national de recherches scientifiques, 1990