CASE LAW NO. 71/2024/AL On the suspension of case resolution on the grounds that the matter has been resolved by a legally binding decision of a competent state authority and does not fall under the jurisdiction of the Court (Please note that this image is not related to the specific case being discussed).

CASE LAW NO. 71/2024/AL

On the suspension of case resolution on the grounds that the matter has been resolved by a legally binding decision of a competent state authority and does not fall under the jurisdiction of the Court

Approved by the Judicial Council of the Supreme People’s Court on February 20^th, 21^st, and 23^rd, 2024, and published under Decision No. 119A/QĐ-CA on May 15^th, 2024, by the Chief Justice of the Supreme People’s Court.

Source of the Case Law:

The Cassation Decision No. 14/2022/DS-GĐT dated April 28^th, 2022, by the Judicial Council of the Supreme People’s Court regarding the case of “Dispute over land use rights and request to vacate the complaint resolution decision of the People’s Committee” between the plaintiff Mrs. Đặng Thị Thu H and the defendant Mrs. Nguyễn Thị C; with interested parties including 4 people.

Location of the Case Law’s Content:

Paragraphs 3, 4 and 6 of the “Court’s Opinion” section.

Summary of the Case Law:

– Case Background:

The dispute over land use rights was resolved by a legally binding decision of a competent state authority. The plaintiff continued to file a civil lawsuit over the same land use rights and requested the vacatur of the already effective decision of the competent state authority. The plaintiff’s name was not on the disputed Land Use Rights Certificate.

– Legal Resolution:

In this case, the Court must suspend the resolution of the case on the grounds that the matter has been resolved by a legally binding decision of a competent state authority and does not fall under the jurisdiction of the Court.

Relevant Legal Provisions:

– Clauses 1 and 2 of Article 34, and points c and đ of Clause 1 of Article 192, point g of Clause 1 of Article 217 of the Civil Procedure Code 2015;

– Article 38 of the Land Law 1993 (corresponding to Article 136 of the Land Law 2003; Article 203 of the Land Law 2013).

Keywords:

“Not under the jurisdiction of the Court”; “Resolved by a legally binding decision of a competent state authority”; “Suspension of case resolution.”

CASE DETAILS

In the complaint dated December 8^th, 2014, and the supplementary complaint dated May 18^th, 2015, the plaintiff Mrs. Đặng Thị Thu H stated the followings:

Previously, the parents of Mr. Nguyễn Tấn T (her husband, deceased in 2007), Mr. Nguyễn Tấn K, and Mrs. Thái Thị H1 had acquired 20,000 hectares of rubber land from Mrs. Lê Thị S, of which 17,000 hectares were registered according to the 1973 cadastral extract, and over 4 hectares were not registered.

Additionally, Mr. K and Mrs. H1 acquired more than 20,000 hectares of rubber land from Mrs. Hứa Thị M, of which 17,000 hectares were registered according to the 1973 cadastral extract, and over 4 hectares were not registered. In 1975, Mr. K and Mrs. H1 registered the use of the entire aforementioned land area with the local authorities.

Upon the death of Mr. K and Mrs. H1, Mr. T registered and declared the land and was issued a Land Use Rights Certificate by the People’s Committee of Q Commune, N District, Đồng Nai Province on July 11^th, 1992.

The entire aforementioned land area was consistently managed and used by her family. On December 8^th, 1987, due to difficulties faced by Mrs. Nguyễn Thị C’s family, Mr. T temporarily allowed Mrs. C to cultivate about 2.5 sào of land (equivalent to 2,500m²) to grow crops and support her family. During the cultivation process, Mrs. C encroached on more of her family’s land and built a permanent house on the borrowed land.

Despite the land dispute in 1992, inexplicably, Mrs. C still declared and paid taxes in 1993. On October 9^th, 1998, Mrs. C applied for a Land Use Rights Certificate. The land area Mrs. C applied for included the land borrowed from her family, land within the public right-of-way, and disputed land, yet the land use rights certification council of Q Commune still verified the land origin as “originated from Mr. T’s grant in 1987 and Mrs. C’s stable use in accordance with the planning.”

On August 9^th, 2002, the People’s Committee of N District issued a Land Use Rights Certificate to Mrs. C for 2,526m². On December 21^st, 2006, the People’s Committee of N District reissued the Land Use Rights Certificate to Mrs. C for 1,962m² of land.

She repeatedly requested Mrs. C to return the aforementioned land, but Mrs. C did not comply. Therefore, she petitioned the Court to compel Mrs. C to return the aforementioned land area.

Defendant Mrs. Nguyễn Thị C’s statement:

In 1975, she moved from her hometown to the South to establish a livelihood in Q Commune, N District, Đồng Nai Province. At that time, her family included herself, her sister Mrs. Nguyễn Thị H2, and her son Mr. Nguyễn Thanh L.

Initially, she worked as a latex tapper for a rubber plantation owned by Mr. Nguyễn Tấn T. However, since her family had no land for cultivation, they cleared and cultivated crops (sweet potatoes, beans, corn, etc.) on the disputed land. In reality, neither she nor her family knew who managed the land.

At that time, Mr. T lived in Hồ Chí Minh City and occasionally visited to oversee the land and told her that the land her family was cultivating belonged to him, so she asked for permission to continue cultivating, which Mr. T agreed to. On December 8^th, 1987, Mr. T wrote a “Confirmation Letter” granting her the right to use the aforementioned land.

After Mr. T wrote the letter, her family continued to manage and cultivate the land, planting pepper and coffee. In 1994-1995, Mr. T wanted to expand his rubber plantation, so he contacted the People’s Committee of the Commune to invite households living adjacent to his rubber plantation (including her family) to negotiate compensation, but her family did not agree to negotiate because they had no other land to cultivate besides the aforementioned land.

In 1995, Mr. T had a dispute with her. In 2000, Mr. T’s family again sued her family to reclaim the land. On November 21^st, 2000, the People’s Committee of N District issued Decision No. 1627/QĐ, and on December 19^th, 2001, the People’s Committee of Đ Province issued Decision No. 4835/QĐ, dismissing Mr. T’s complaint regarding the dispute over the land given to her family since 1987. Therefore, she did not agree with Mrs. H’s request to reclaim the aforementioned land.

In the Decision to Suspend the Resolution of the Civil Case No. 55/2018/QĐST-DS dated October 31^st, 2018, the People’s Court of Đồng Nai Province decided:

To suspend the resolution of the first-instance civil case No. 41/2015/TLST-DS dated October 14^th, 2015, regarding the “Dispute over land use rights and request to vacate the complaint resolution decision of the People’s Committee” between:

Plaintiff: Mrs. Đặng Thị Thu H, born in 1953; address: 271/8 N Street, X Ward, P District, Hồ Chí Minh City.

Authorized representative of Mrs. H: Mr. Sin Thoại K, born in 1973 (according to the power of attorney dated December 22^nd, 2014); permanent address: 1/5J P Street, V Ward, G District, Hồ Chí Minh City (contact address: 244 B Street, I Ward, T District, Hồ Chí Minh City)

Defendant: Mrs. Nguyễn Thị C, born in 1939, address: F3/113 S Hamlet, Q Commune, N District, Đồng Nai Province.

Interested parties:

1. The People’s Committee of Đ Province; address: No. 02 V Street, T Ward, B city, Đồng Nai Province.
2. The People’s Committee of N District, Đồng Nai Province; address: L Hamlet, X Commune, N District, Đồng Nai Province.
3. Mr. Nguyễn Thanh L, address: F3/113 S Hamlet, Q Commune, N District, Đồng Nai Province.
4. Mrs. Nguyễn Thị H2, address: F3/113 S Hamlet, Q Commune, N District, Đồng Nai Province.

Consequences of suspending the resolution of the case:

The litigants do not have the right to file a lawsuit requesting the Court to resolve this civil case again.

The first-instance court also decided on court fees, other procedural costs, and the right to appeal.

On December 12^th, 2018, Mrs. H appealed the Decision to Suspend the Resolution of the Civil Case.

In the Decision to Resolve the Appeal against the Decision to Suspend the Resolution of the Case No. 154/2019/QĐ-PT dated May 8^th, 2019, the High People’s Court in Hồ Chí Minh City decided:

To accept Mrs. Đặng Thị Thu H’s appeal, vacate the Decision to Suspend the Resolution of the Civil Case No. 55/2018/QĐST-DS dated October 31^st, 2018, of the People’s Court of Đồng Nai Province, and remand the case file to the People’s Court of Đồng Nai Province to continue resolving the case according to the law.

After the Decision to Resolve the Appeal against the Decision to Suspend the Resolution of the Case, the Chief Justice of the People’s Court of Đồng Nai Province petitioned the Chief Justice of the Supreme People’s Court to request a review of the Decision to Resolve the Appeal against the Decision to Suspend the Resolution of the Case No. 154/2019/QĐ-PT dated May 8^th, 2019, of the High People’s Court in Hồ Chí Minh City under cassation procedures.

In the Cassation Appeal Decision No. 06/2022/KN-DS dated March 14^th, 2022, the Chief Justice of the Supreme People’s Court filed a cassation appeal against the Decision on the Appeal for the Decision to Suspend the Resolution of the Case No. 154/2019/QĐ-PT dated May 8^th, 2019, of the High People’s Court in Hồ Chí Minh City.

The appeal requested the Judicial Council of the Supreme People’s Court to conduct a cassation trial, vacate the Decision on the Appeal for the Decision to Suspend the Resolution of the Case aforementioned above, and uphold the Decision to Suspend the Resolution of the Civil Case No. 55/2018/QĐST-DS dated October 31^st, 2018, of the People’s Court of Đồng Nai Province.

At the cassation hearing, the representative of the Supreme People’s Procuracy concurred with the cassation appeal of the Chief Justice of the Supreme People’s Court.

COURT’S OPINION:

[1] The disputed area of 1,962m² of land involved in this case is Plot No. 72, Map No. 17 (formerly Plot No. 56, Map No. 12), Map No. 17, in Q Commune, N District, Đồng Nai Province.

[2] In 1995, this land plot had not been issued a Land Use Right Certificate. Mr. Nguyễn Tấn T (Mrs. H’s husband) disputed the land use rights with Mrs. C; therefore, the authority to resolve the land dispute belonged to the People’s Committee of N District, as stipulated in Clause 2, Article 38 of the 1993 Land Law.

[3] On November 21^st, 2000, the People’s Committee of N District issued Decision No. 1627/QĐ.CT.UBH, rejecting Mr. T’s complaint to reclaim the 2,152.15m² of land that he had transferred to Mrs. C on December 8^th, 1987. Unsatisfied with this decision, Mr. T continued to appeal to the Chairman of the People’s Committee of Đ Province.

On December 19^th, 2001, the Chairman of the People’s Committee of Đ Province issued Decision No. 4835/QĐ.CT.UBT, affirming Decision No. 1627/QĐ.CT.UBH dated November 21^st, 2000, of the Chairman of the People’s Committee of N District regarding the resolution of Mr. T’s complaint and Mrs. C’s case as lawful and rejecting Mr. T’s complaint.

[4] Thus, the land area disputed by Mrs. H and Mrs. C was resolved by Decision No. 4835/QĐ.CT.UBT dated December 19^th, 2001, of the Chairman of the People’s Committee of Đ Province, which remains legally effective.

[5] On August 4^th, 2002, Mrs. C was granted a Land Use Right Certificate. On December 21^st, 2006, she was reissued the Land Use Right Certificate.

[6] Therefore, the People’s Court of Đồng Nai Province’s decision to suspend the case resolution in accordance with Point c, Clause 1, Article 192, and Point g, Clause 1, Article 217 of the 2015 Civil Procedure Code was correct. The High People’s Court in Hồ Chí Minh City had no grounds to vacate the Decision to Suspend the Resolution of the Civil Case No. 55/2018/QĐST-DS dated October 31^st, 2018, of the People’s Court of Đồng Nai Province and remand the case file for further resolution.

In light of the foregoing,

IT IS DECIDED:

Pursuant to Point a, Clause 2, Article 337, Clause 2, Article 343, and Article 344 of the Civil Procedure Code:

1. The Cassation Appeal Decision No. 06/2022/KN-DS dated March 14^th, 2022, of the Chief Justice of the Supreme People’s Court, is accepted.
2. The Decision on the Appeal for the Decision to Suspend the Resolution of the Case No. 154/2019/QĐ-PT dated May 8^th, 2019, of the High People’s Court in Hồ Chí MinhCity in the case of “Dispute over land use rights and request to vacatethe complaint resolution decision of the People’s Committee” between the plaintiff, Mrs. Đặng Thị Thu H, and the defendant, Mrs. Nguyễn Thị C, along with other interested parties, is vacated
3. The Decision to Suspend the Resolution of the Civil Case No. 55/2018/QĐST-DS dated October 31^st, 2018, of the People’s Court of Đồng Nai Province, is upheld.

CONTENT OF THE CASE LAW:

“[3] On November 21^st, 2000, the People’s Committee of N District issued Decision No. 1627/QĐ.CT.UBH, rejecting Mr. T’s complaint to reclaim the 2,152.15m² of land that he had transferred to Mrs. C on December 8^th, 1987. Unsatisfied with this decision, Mr. T continued to appeal to the Chairman of the People’s Committee of Đ Province.

On December 19^th, 2001, the Chairman of the People’s Committee of Đ Province issued Decision No. 4835/QĐ.CT.UBT, affirming Decision No. 1627/QĐ.CT.UBH dated November 21^st, 2000, of the Chairman of the People’s Committee of N District regarding the resolution of Mr. T’s complaint and Mrs. C’s case as lawful and rejecting Mr. T’s complaint.

[4] Thus, the land area disputed by Mrs. H and Mrs. C was resolved by Decision No. 4835/QĐ.CT.UBT dated December 19^th, 2001, of the Chairman of the People’s Committee of Đ Province, which remains legally effective.

…

[6] Therefore, the People’s Court of Đồng Nai Province‘s decision to suspend the case resolution in accordance with Point c, Clause 1, Article 192, and Point g, Clause 1, Article 217 of the 2015 Civil Procedure Code was correct. The High People’s Court in Hồ Chí Minh City had no grounds to vacate the Decision to Suspend the Resolution of the Civil Case No. 55/2018/QĐST-DS dated October 31^st, 2018, of the People’s Court of Đồng Nai Province and remand the case file for further resolution.”

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