CASE LAW NO. 52/2021/AL On the validity of a land use rights gift contract without land use rights registration (Please note that this image is not related to the specific case being discussed).

CASE LAW NO. 52/2021/AL

On the validity of a land use rights gift contract without land use rights registration

Approved by the Judicial Council of the Supreme People’s Court on November 25^th, 2021, and published under Decision No. 594/QĐ-CA dated December 31^st, 2021, by the Chief Justice of the Supreme People’s Court.

Source of the Case Law:

The Cassation Decision No. 231/2020/DS-GĐT dated September 30^th, 2020, of the High People’s Court in Hồ Chí Minh City regarding the case of “Inheritance Dispute; Request To Have The land use rights Gift Contract Null And Void Dispute” between the plaintiff, Mrs. Tống Thị U, and the defendant, Mr. Tống Thanh V; the interested parties including 46 people.

Location of the Case Law’s Content:

Paragraphs 23, 24, 25 and 26 of the “Court’s Opinion” section.

Summary of the Case Law:

– Case Background:

The land use rights gift contract was made in writing and notarized; however, the recipient had not registered the land use rights due to objective obstacles when the donor passed away.

– Legal Resolution:

In this situation, it must be determined that the land use rights gift contract is legally effective.

Relevant Legal Provisions:

– Article 467 of the 2005 Civil Code (corresponding to Article 459 of the 2015 Civil Code);

– Articles 692, 722 to 726 of the 2005 Civil Code (corresponding to Articles 502, 503 of the 2015 Civil Code);

– Clause 1 of Article 106; Point b of Clause 1, Article 129 of the 2003 Land Law (corresponding to Clause 1 of Article 95, Clauses 3 of Articles 167, and Clauses 1, 3 of Article 188 of the 2013 Land Law);

– Article 146 of Decree 181/2004/NĐ-CP dated October 29^th, 2004, of the Government on the implementation of the 2003 Land Law.

Keywords:

“Gifting land use rights”; “Unregistered land use rights”; “Objective obstacles”; “Donor has passed away”; “Legally effective gift contract”.

CASE DETAILS

Mrs. Tống Thị U (Mrs. U) initiates this lawsuit asserting the following claims:

Her parents, Mr. Tống Văn T (deceased in 2007) and Mrs. Nguyễn Thị C1 (deceased in 2011), had eleven children. Upon Mr. T’s demise in 2007 without a will, on November 16^th, 2009, Mrs. C1 and her children reached an agreement to divide Mr. T’s estate. Pursuant to this agreement, Mrs. C1 was allocated several Plots of land, including Plot No. 257, Map Sheet No. 16, measuring 4,149 m², and Plots No. 6, 18, 31, 32, 51, and 52, Map Sheet No. 15, totaling 12,883 m², all situated in X Quarter, Y Ward, Z Town, Bình Dương Province.

Exploiting Mrs. C1’s advanced age, illness, lack of mental clarity, and illiteracy, Mr. Tống Thanh V (Mr. V) deceived her into signing only page 03 of a land use rights gift contract on June 14^th, 2010. Mrs. C1 was absent from the People’s Committee headquarters, yet the Chairman certified the contract. This certification violated notarization and authentication regulations. Leveraging this improperly executed gift contract, Mr. V obtained a land use rights certificate for the 12,883 m² parcel.

Currently, Plot No. 257, measuring 4,149 m², remains registered under Mrs. C1’s name as the user. Mrs. U seeks the following relief:

– Declaration of nullity for the land use rights gift contract authenticated as number 111, book 1/2010TP/CC-SCT/HĐGD, certified by the People’s Committee of Y Ward on June 14^th, 2010.

– Confirmation that the land areas of 9,839.9 m² (excluding areas used by Mr. Tống Văn L1 and Mr. Tống Văn P1) from Plots No. 6, 18, 31, 32, 51, and 52, Map Sheet No. 15, and 3,786.1 m² (based on the actual measurement on March 8, 2013) from Plot No. 257, Map Sheet No. 16, in Y Ward, Z Town, belong to Mrs. C1’s estate.

– Distribution of the aforementioned estate in accordance with the law, with Mrs. U requesting inheritance in kind.

The defendant, Mr. Tống Thanh V (Mr. V), presented his opinion as follows:

Mrs. C1 had gifted all the land areas mentioned by Mrs. U to Mr. V; the gifting was conducted through a legally authenticated contract, and Mr. V has now been granted the land use rights certificate for the 12,883 m² area.

After receiving the land gifting, Mr. V redistributed it to other siblings in the family, with each person receiving a portion, and some were transferred to others through handwritten documents. Currently, Mr. Tống Văn L1 (Mr. L1) is using 1,597 m² of land, and Mr. Tống Văn P1 (Mr. P1) is using 2,418 m² of land out of the total 12,883 m² for which Mr. V has the land use rights certificate; Mr. V agrees to let Mr. L1 and Mr. P1 continue using these areas.

Regarding the land in Plot 257, after the gift contract was certified, Mr. V submitted an application for the land use rights transfer registration. However, to date, Mr. V has not been issued a land use rights certificate due to the following reasons: the overall map of the area contained errors that required correction by the local People’s Committee, and subsequently, a land use rights dispute arose.

Mr. V has been using the mentioned land areas since Mrs. C1 was alive until now. According to Mr. V, the land use rights of 3,786.1 m² in Plot 257, Map Sheet 16 in Y Ward, is no longer part of Mrs. C1’s estate because it was transferred to him. Therefore, Mr. V does not agree with Mrs. U’s lawsuit request.

The statements from the interested parties:

Mr. Tống Hữu H1 (Mr. H1), Mrs. Nguyễn Thị G (Mrs. G), and Mr. Tống Văn P1 (Mr. P1):

They assert that the land use rights of 3,786.1 m² in Plot 257, Map Sheet 16, and the land use rights of 9,839.9 m² in Plots 6, 18, 31, 32, 51, and 52, Map Sheet 15 in Y Ward, are part of Mrs. C1’s estate and request the Court to distribute the estate according to the law.

Mrs. Tống Thị Thu T1 (Mrs. T1):

She asserts that the land use rights of 3,786.1 m² in Plot 257 is part of Mrs. C1’s estate and requests the Court to distribute the estate according to the law. Regarding the land use rights of 9,839.9 m² in Plots 6, 18, 31, 32, 51, and 52, Mrs. C1 had gifted this to Mr. V, who then received the land use rights certificate and subsequently distributed some land to Mrs. T1. Therefore, Mrs. T1 has no further claims on this land.

Mrs. Tống Thị N1 (Mrs. N1), Mrs. Tống Thị N2 (Mrs. N2), Mrs. Tống Thị Kim A (Mrs. A), Mrs. Tống Thanh N3 (Mrs. N3), and Mr. Tống Phước T2 (Mr. T2):

They assert that the assets Mrs. U requests to be divided were gifted to Mr. V by Mrs. C1 through two land use rights gift contracts certified by the People’s Committee of Y Ward on June 14^th, 2010. Therefore, they do not request estate division. In case the Court distributes the estate, they agree to transfer the inheritance to Mr. V.

Mr. Tống Văn L1 (Mr. L1):

He asserts that the origin of the disputed land is from his paternal grandparents, who left it to his parents. While Mr. L1 was participating in the revolution, Mr. Tống Văn T (Mr. L1’s brother) registered and obtained the land use rights certificate. Later, Mr. T divided the land, giving Mr. L1 the land he currently resides on, which is 80 meters long in Plot 18 according to a handwritten document dated December 10^th, 2002. Mr. L1 has no interest in the other disputed lands.

Mrs. Nguyễn Thị C2 (Mrs. C2) and Mr. Tống Thành T3 (Mr. T3):

Mrs. C2 is Mr. V’s wife, and Mr. T3 is Mr. V’s son. They do not agree with Mrs. U’s lawsuit request.

Ms. Tống Ngọc L2 (Ms. L2):

She is the daughter of Mr. Tống Phước T2 and Mrs. Nguyễn Thị H2. If the asset belongs to her parents, she requests the Court to resolve the matter according to the law.

Ms. Tống Thiên K1 (Ms. K1):

She is the daughter of Mr. Tống Văn L1 and has no claims in the case.

Mrs. Nguyễn Thị H2 (Mrs. H2):

She is the wife of Mr. Tống Phước T2 and does not dispute with Mr. V.

Mr. Nguyễn Thành L3 (Mr. L3):

He is the son of Mrs. Tống Thanh N3. If the asset belongs to Mrs. N3, he requests the Court to resolve the matter according to the law.

Mr. Võ Văn T4 (Mr. T4) and Mr. Võ Văn M (Mr. M):

Mr. T4 is the husband of Mrs. N2, and Mr. M is Mrs. N2’s son. They do not agree with Mrs. U’s lawsuit request.

Ms. Tống Thị Tuyết N4 (Ms. N4) and Mr. Tống Thành P2 (Mr. P2):

Ms. N4 and Mr. P2 are the children of Mr. Tống Văn P1 and Mrs. Võ Thị B. If the asset belongs to their parents, they have no claims.

Heirs of Mrs. Võ Thị B (Mrs. B):

Mr. Tống Văn P1, Mrs. Nguyễn Thị K2, Ms. Tống Thị Tuyết N4, Mr. Tống Thành P2, Mr. Tống Thanh T5, Mrs. Tống Thị Mộng T6, and Mrs. Tống Thị Thùy D1 agree with Mrs. B’s statement and support Mrs. U’s lawsuit request.

Statements from Other Interested Parties:

Mr. Trần Văn D2 (Mr. D2), Mrs. Trương Thị L4 (Mrs. L4), Mrs. Trần Thị Mộng T7 (Mrs. T7), Mr. Nguyễn Văn C3 (Mr. C3), Mr. Trương Đình P3 (Mr. P3), Mrs. Phạm Thị T8 (Mrs. T8), Mr. Hồ Bá H3 (Mr. H3), Mrs. Nguyễn Thị T9 (Mrs. T9), Mr. Lê Chí V1 (Mr. V1), Mrs. Võ Thị Thanh T10 (Mrs. T10), Mrs. Lương Thị T11 (Mrs. T11), Mr. Lương Thể T12 (Mr. T12), Mr. Nguyễn Đức T13 (Mr. T13), Mrs. Lê Thị H4 (Mrs. H4), Mrs. Lương Thị M1 (Mrs. M1), Mr. Lê Doãn T14 (Mr. T14), Mr. Lại Văn T15 (Mr. T15), Mrs. Đỗ Thị H5 (Mrs. H5), and Mrs. Chu Thị Kim X (Mrs. X):

They have purchased land from Mr. V through handwritten agreements, have fully paid for the land, and have built houses on the land. These transactions were private agreements with Mr. V. If the resolution of this case affects their rights, they will initiate a separate lawsuit against Mr. V.

The Legal Representative of the People’s Committee of Z Town, Bình Dương Province:

The land use rights certificates CH 00091 and CH 00092, dated March 2^nd, 2010, were issued by the People’s Committee of Z District to Mrs. Nguyễn Thị C1 based on inheritance of land use rights. The issuance of these certificates followed the proper procedures as stipulated in Article 23 of Circular No. 17/2009/TT-BTNMT dated October 21^st, 2009, by the Ministry of Natural Resources and Environment. The land use rights certificate CH 0539, dated August 16^th, 2010, was issued to Mr. Tống Thanh V based on a land use rights gifting, also following the proper procedures under the same regulation.

The Legal Representative of the People’s Committee of Y Ward, Z Town, Bình Dương Province:

At the request of Mrs. Nguyễn Thị C1, a Judicial – Civil Status officer from the People’s Committee of Y Ward visited her home to explain and draft the land use rights gift contract according to the standard form. The officer read the entire content of the contract to all parties present. Subsequently, Mrs. C1 and Mr. V signed and thumbprinted the contract in the officer’s presence.

At the time of signing, both Mrs. C1 and Mr. V were fully lucid, voluntary, and legally competent. After the parties signed and thumbprinted, the People’s Committee of Y Ward authenticated the land use rights gift contracts with certification numbers 111 and 112, recorded in register 1.2010/TP/CC-SCT/HĐGD on June 14^th, 2010, in accordance with the law.

In the First-instance Civil Judgment No. 17/2019/DS-ST dated May 9^th, 2019, the People’s Court of Tân Uyên Town, Bình Dương Province, made the following rulings:

1. Partially accepting the plaintiff Mrs. Tống Thị U’s lawsuit against the defendant Mr. Tống Thanh V regarding the inheritance dispute.

The estate of Mrs. Nguyễn Thị C1 includes the land use rights for an area of 3,786.1 m² in Plot 257, Map Sheet 16 in X Neighborhood, Y Ward, Z Town. This land was certified by the People’s Committee of Z District (now Z Town) under certificate number CH00091 dated March 2^nd, 2010, in Mrs. Nguyễn Thị C1’s name. The division is as follows:

– Mrs. Tống Thị U is entitled to an inheritance of 344.1 m² of land use rights.

– The heirs of Mr. Tống Văn H6, including Mrs. Nguyễn Thị G, Tống Minh H7, Tống Thị Kim T16, Tống Thị Kim P4, and Tống Thị Kim L5, are collectively entitled to 344.1 m² of land use rights.

– Mrs. Tống Thị Thu T1 is entitled to 344.1 m² of land use rights.

– Mr. Tống Văn P1 is entitled to 344.1 m² of land use rights.

– Mr. Tống Hữu H1 is entitled to 344.1 m² of land use rights.

– Mr. Tống Thanh V, Mrs. Tống Thị N1, Mrs. Tống Thị N2, Mrs. Tống Thị N3, Mr. Tống Phước T2, and Mrs. Tống Thị Kim A are each entitled to 344.1 m² of land use rights.

The voluntary transfer by Mrs. Tống Thị N1, Mrs. Tống Thị N2, Mrs. Tống Thị N3, Mr. Tống Phước T2, and Mrs. Tống Thị Kim A of their inherited portions to Mr. Tống Thanh V is acknowledged. Thus, Mr. V is entitled to a total inherited land use rights of 2,065.6 m².

The trees on the land are managed and used by their respective owners.

2. Rejecting the plaintiff Mrs. Tống Thị U’s request to declare the land use rights gift contract, certification number 111, recorded in register 1/2010/TP/CC-SCT/HĐGD and authenticated by the People’s Committee of Y Ward on June 14^th, 2010, null and void. The land use rightsfor 9,839.9 m² in Plots6, 18, 31, 32, 51, and 52, Map Sheet 15, is certified by the People’s Committee of Z District (now Z Town) under certificate number CH00539 dated August 16^th, 2010, in Mr. Tống Thanh V’s name. This land is not part of Mrs. Nguyễn Thị C1’s estate and is therefore not subject to division.
3. Dismissing the plaintiff Mrs. Tống Thị U’s lawsuit concerning the 1,597 m² area in Plot18 and the 2,418 m² area in Plot6, both located in Y Ward, Z Town, Bình Dương Province.

In addition, the Court ruled on court fees; measurement, valuation, expert fee;, liability for delayed execution, and the right of the parties to appeal.

On May 20^th, 2019, Mr. Tống Thanh V filed an appeal requesting the amendment of the First-instance Judgment to reject all of Mrs. U’s claims.

On May 22^nd, 2019, Mrs. U appealed the First-instance Judgment, requesting the appellate court to accept all of her claims.

In the Appellate Civil Judgment No. 276/2019/DS-PT dated November 27^th, 2019, the People’s Court of Bình Dương Province ruled as follows:

1. Dismissing the appeals of the plaintiff Mrs. Tống Thị U and the defendant Mr. Tống Thanh V.
2. Amending a part of the first-instance judgment regarding court fees; all other aspects of the First-instance Civil Judgment No. 17/2019/DS-ST dated May 9^th, 2019, by the People’s Court of Tân Uyên Town, Bình Dương Province, remain unchanged.

Additionally, the appellate court ruled on court fees, enforcement rights and obligations, and the effectiveness of the judgment.

On January 6^th, 2020, Mr. Tống Thanh V filed a petition requesting the competent court to conduct a cassation review of the aforementioned Appellate Civil Judgment.

In the Decision No. 96/2020/KN-DS dated June 22^nd, 2020, the Chief Justice of the High People’s Court in Hồ Chí Minh City appealed part of the Appellate Civil Judgment; recommending the High People’s Court in Hồ Chí Minh City conduct a cassation review to vacate a part of the Appellate Civil Judgment regarding the division of the estate of Mrs. Nguyễn Thị C1, specifically the land use rights for an area of 3,786.1m² (as per actual measurement) in Plot 257, Map Sheet 16, in X Neighborhood, Y Ward, Z Town, Bình Dương Province;

and to remand the case file to the People’s Court of Bình Dương Province for a new appellate trial in accordance with the law.

At today’s hearing, the representative of the High People’s Procuracy in Hồ Chí Minh City recommended the Judicial Committee of the High People’s Court in Hồ Chí Minh City accept the Chief Justice’s appeal, vacate the part of the Appellate Civil Judgment regarding the division of Mrs. Nguyễn Thị C1’s estate, specifically the land use rights for 3,786.1m² in Plot 257, Map Sheet 16, in X Neighborhood, Y Ward, Z Town, Bình Dương Province; and remand the case file to the People’s Court of Bình Dương Province for a new appellate trial in accordance with the law.

COURT’S OPINION:

[1] Mrs. Tống Văn T (deceased in 2007) and Mrs. Nguyễn Thị C1 (deceased on September 8, 2011), were husband and wife. They had 11 children, including Mrs. Tống Thị U (the plaintiff), Mr. Tống Thanh V (the defendant), Mr. Tống Văn P1, Mr. Tống Văn H6 (deceased on February 18^th, 2012, survived by his wife Mrs. Nguyễn Thị G and children Tống Minh H7, Tống Thị Kim T16, Tống Thị Kim P4, and Tống Thị Kim L5), Mrs. Tống Thị N1, Mr. Tống Hữu H1, Mrs. Tống Thị N2, Mrs. Tống Thị Kim A, Mrs. Tống Thanh N3, Mr. Tống Phước T2, and Mrs. Tống Thị Thu T1.

[2] After Mr. T’s death in 2007, on November 16^th, 2009, Mrs. C1 and her children (from Mrs. T and Mrs. C1) executed a document to distribute the estate, including land use rights, which was authenticated by the People’s Committee of Y Town, Z District, Bình Dương Province, on the same day.

[3] According to the aforementioned inheritance distribution document, Mrs. C1 was allocated three parcels of land in Y Town: (a) 854m² in Plots 31, 32, and 51, Map Sheet 15; (b) 17,762m² in Plots 06, 108, 109, 110, 115, 18, 52, 128, 129, 135, 136, 35, 38, 40, 54, and 55, Map Sheets 15 and 16; (c) 4,119m² in Plot 257, Map Sheet 16.

[4] After receiving the aforementioned properties, Mrs. C1 registered and was issued land use rights certificates on March 2^nd, 2010. From that date, these parcels of land became Mrs. C1’s personal property, and she had the right to dispose of them according to civil law.

[5] On June 14^th, 2010, Mrs. C1 executed two gift contracts to transfer two parcels of land from the above-mentioned properties to Mr. V as follows: the first parcel was 12,883m² in Plots 6, 18, 31, 32, 51, and 52, Map Sheet 15 in Y Town; the second parcel was 4,119m² in Plot 257, Map Sheet 16 in Y Town. Both gift contracts were legally authenticated by the People’s Committee of Y Town on the same day, June 14^th, 2010.

[6] After receiving the gifted land use rights, Mr. V followed the legal administrative procedures to transfer the land use rights from Mrs. C1 to himself. On August 16^th, 2010, Mr. V was issued a land use rights certificate for the 12,883m² parcel in Plots 6, 18, 31, 32, 51, and 52, Map Sheet 15 in Y Town (land use rights certificate No. CH00539 dated August 16^th, 2010). Within this parcel, Mrs. U only sought inheritance division for 9,839.9m² (excluding the remaining land area Mr. V had allocated to Mr. L1 and Mr. P1).

[7] As for the 4,119m² parcel in Plot 257, Map Sheet 16 in Y Town (measured at 3,786.1m² on March 8, 2013, by the first-instance court), Mr. V has not yet been registered as the land use rights holder. Mr. V explained that after submitting the documents for registration to transfer the land use rights from Mrs. C1 to himself, the local People’s Committee needed to revise the overall land map. Subsequently, Mrs. U’s dispute prevented the transfer from being completed.

[8] Examination of the 12,883m² land parcel in Plots 6, 18, 31, 32, 51, 52, Map Sheet 15, in Y Town (within this parcel, Mrs. U only seeks division of 9,839.9m², as she agrees to exclude the remaining land that Mr. V allocated to Mr. L1 and Mr. P1):

[9] According to the inheritance distribution document dated November 16^th, 2009, and the land use rights gift contract dated June 14^th, 2010, this parcel was the personal property of Mrs. C1, who gifted it to Mr. V. Mr. V was issued a legitimate land use rights Certificate by the People’s Committee of Z District on August 16, 2010 (land use rights Certificate No. CH00539 dated August 16, 2010).

[10] In resolving the case, both the first-instance and appellate courts determined that the 12,883m² land parcel in Plots 6, 18, 31, 32, 51, 52, Map Sheet 15, in Y Town, was Mr. V’s lawful property and denied the request to divide this land, which is legally grounded.

[11] Examination of the 4,119m² land parcel in Plot 257, Map Sheet 16, in Y Town (according to the first-instance court’s actual measurement on March 8, 2013, the land area is 3,786.1m²):

[12] At the time of the land use rights gift contract on June 14^th, 2010 (from Mrs. C1 to Mr. V), the 2005 Civil Code was in effect.

[13] Article 692 of the 2005 Civil Code stipulates the effectiveness of land use rights transfer transactions as follows: “The transfer of land use rights is effective from the time of land use rights registration as per the law on land.”

[14] Thus, legally, if the recipient of the land use rights (under the gifting transaction) has not registered the land use rights in their name and the donor has died, the land use rights gift contract will not be legally effective.

[15] Based on the above reasoning, the determination by the first-instance and appellate courts that the 4,119m² land parcel in Plot 257, Map Sheet 16, in Y Town, remains part of Mrs. C1’s estate and has not transferred to Mr. V, and the acceptance of the inheritance division request, is correct.

[16] From a legal standpoint, a gift contract is a unilateral contract, meaning in such contracts, only one party has obligations to the other party.

Thus, in certain cases like the one mentioned (the recipient has not registered the land use rights in their name, and the donor has died), the court can consider and recognize the legal effect of the land use rights gift contract established on June 14^th, 2010, if it determines that the contract represents Mrs. C1’s final intent regarding her property and reflects her disposition of the property before her death, given the following necessary and sufficient conditions:

[17] The contract met the conditions stipulated by law regarding the right to gift land use rights;

[18] Until her death, the donor did not create any document to replace the previously signed gift contract and did not take any actions indicating a change of intent expressed in the signed gift contract;

[19] The recipient’s inability to register the property (land use rights) was due to objective administrative procedure obstacles (or other objective obstacles), not the recipient’s subjective will.

[20] In practice, Mr. V has possessed, managed, and used the gifted land from when Mrs. C1 was alive to the present because he is the youngest son, living with Mr. T and Mrs. C1 from childhood until their deaths.

[21] The above reasoning was also acknowledged by the Supreme People’s Court in the Appeal Decision No. 470/2013/KN-DS dated October 3^rd, 2013, and the Cassation Decision No. 76/2014/DS-GĐT dated March 5^th, 2014, by the Civil Court of the Supreme People’s Court in resolving a similar case (a property gift contract dispute between the plaintiff Mrs. Đoàn Việt T17 and the defendants Mr. Đoàn Phong B1 and Mr. Đoàn Văn K3 in Cà Mau Province).

[22] Therefore, the first-instance and appellate courts did not adequately and comprehensively evaluate the documents and evidence, nor did they fully collect the necessary documents and evidence to properly adjudicate the dispute over the 4,119m² land parcel in Plot 257, Map Sheet 16, in Y Town, Z District, Bình Dương Province, as analyzed above.

Consequently, the Judicial Committee of the High People’s Court in Hồ Chí Minh City vacates the part of Appellate Judgment addressing the dispute over the 4,119m² land parcel in Plot 257, Map Sheet 16, in Y Town, Z District, Bình Dương Province, and remand the case file to the appellate court for retrial according to appellate procedures.

[23] In the retrial of this case, if the land use rights gift contract established on June 14^th, 2010, between Mrs. C1 (the donor) and Mr. V (the recipient) meets the following necessary and sufficient conditions, the contract’s legal effect must be recognized; these conditions are:

[24] The contract must have complied with legal requirements concerning the gifting of land use rights;

[25] Until their demise, the donor did not execute any document replacing the previously signed gift contract nor undertook actions indicating an intent contrary to that expressed in the executed gift contract;

[26] The recipient’s inability to register the property (land use rights) stemmed from objective administrative or procedural hindrances, or other objective impediments, rather than from the recipient’s subjective intentions.

In light of the foregoing,

IT IS DECIDED:

Pursuant to Articles 325, 334, 337, 342, and 343 of the 2015 Civil Procedure Code:

1. To accept the AppealNo. 96/2020/KN-DS dated June 22^nd, 2020, by the Chief Justice of the High People’s Court in Hồ Chí MinhCity.

To vacate the Appellate Civil Judgment No. 276/2019/DS-PT dated November 27^th, 2019, of the People’s Court of Bình Dương Province in the case “Inheritance Dispute; Request To Have The Land Use Rights Gift Contract Null And Void Dispute” between the plaintiff Mrs. Tống Thị U and the defendant Mr. Tống Thanh V, concerning the dispute over the 4,119m² land parcel in Plot 257, Map Sheet 16, in Y Town, Z District, Bình Dương Province (according to the first-instance court’s actual measurement on March 8^th, 2013, the land area is 3,786.1m²).

2. To remandthe case file to the People’s Court of Bình DươngProvince for retrial according to appellate procedures regarding the vacated Judgment.

CONTENT OF THE CASE LAW:

“[23] In the retrial of this case, if the land use rights gift contract established on June 14^th, 2010, between Mrs. C1 (the donor) and Mr. V (the recipient) meets the following necessary and sufficient conditions, the contract’s legal effect must be recognized; these conditions are:

[24] The contract must have complied with legal requirements concerning the gifting of land use rights;

[25] Until their demise, the donor did not execute any document replacing the previously signed gift contract nor undertook actions indicating an intent contrary to that expressed in the executed gift contract;

[26] The recipient’s inability to register the property (land use rights) stemmed from objective administrative or procedural hindrances, or other objective impediments, rather than from the recipient’s subjective intentions.”

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