Precedent No. 52/2021/AL

Date 15-08-2024

On the validity of a contract for donating land use rights when land use rights have not been registered

Adopted by the Council of Judges of the Supreme People's Court on November 25, 2021 and promulgated under Decision No. 594/QD-CA dated December 31, 2021 of the Chief Justice of the Supreme People's Court.

Source of case law:

Final judgment No. 231/2020/DS-GDT dated September 30, 2020 of the High People's Court in Ho Chi Minh City on the case of "Dispute over inheritance of property; dispute over request to declare a contract for donation of land use rights invalid" between the plaintiff, Ms. Tong Thi V; and the defendant, Mr. Tong Thanh V; people with related rights and obligations, including 46 people.

Location of case law:

Paragraphs 23, 24, 25 and 26 of the “Court's Observations” section.

Overview of case law:

- Case law:

The contract for donation of land use rights must be made in writing and notarized or certified; if the donee has not registered the land use rights due to objective obstacles, the donor of the property will die.

- Legal solutions:

In this case, it is necessary to determine whether the land use rights donation contract is legally valid.

Legal provisions relating to precedents:

- 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 and 503 of the 2015 Civil Code);

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

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

Keywords of case law:

“Giving land use rights”; “Not registered land use rights”; “Objective obstacles”; “The donor is dead”; “Gift contract is legally effective”.

CASE CONTENT:

Plaintiff Ms. Tong Thi U (Ms. U) presents the lawsuit request as follows:

Ms. Tong Thi U's parents are Mr. Tong Van T (died in 2007) and Ms. Nguyen Thi C1 (died in 2011), have 11 children.

In 2007, Mr. T died without a will.

On November 16, 2009, Mr. C1 and his children agreed to draw up a document dividing the inheritance of Mr. T. According to the agreement, Mr. C1 was divided many plots of land and was granted a land use right certificate, including plot number 257, map sheet number 16, land area 4,149 m2 ^and plots number 6, 18, 31, 32, 51 and 52, map sheet number 15, area 12,883 m2 ^all located in Quarter X, Ward Y, Town Z, Binh Duong Province.

Taking advantage of the fact that Mr. C1 was old, sick, no longer clear-headed and illiterate, Mr. Tong Thanh V (Mr. V) deceived Mr. C1 into signing only page 03 of the land use rights donation contract dated June 14, 2010. Mr. C1 was not present at the headquarters of the Committee, but the Chairman of the People's Committee of the town (now ward) Y still certified the land use rights donation contract.

The above certification violated the regulations on notarization and certification. From the illegally established donation contract, Mr. V was granted a certificate of land use rights for an area of 12,883 ^m2 .

Currently, land plot number 257 has an area of 4,149 m2 ^, and is still owned by Mr. C1.

Ms. U filed a lawsuit, requesting the following:

- Declaration of land use right donation contract with certification number 111, volume 1/2010TP/CC-SCT/HĐGD certified by the People's Committee of town (now ward) Y on June 14, 2010 is invalid;

- Determine the land area of 9,839.9 m2 ⁽ excluding the area currently used by Mr. Tong Van L1 and Tong Van P1) belonging to plots 6, 18, 31, 32, 51 and 52 on map sheet No. 15 and the land area of 3,786.1 m2 ⁽ according to the actual measurement results on March 8, 2013) belonging to plot No. 257, map sheet No. 16 in ward Y, town Z is the legacy left by Mr. C1;

- Divide the inheritance left by Mr. C1 as mentioned above according to the provisions of law; Ms. U requests to receive inheritance in kind.

Defendant Mr. Tong Thanh V (Mr. V) presented his opinion as follows:

Mr. C1 donated all the land that Ms. U mentioned above to Mr. V; the donation was made by a legally certified contract and currently, Mr. V has been granted a land use right certificate for the land area of 12,883 ^m2 .

After being given the land, Mr. V divided it among his brothers and sisters in the family, each person received a portion and transferred it to some people by handwritten papers. Currently, Mr. Tong Van L1 (Mr. L1) uses 1,597 m2 of land ^, Mr. Tong Van P1 (Mr. P1) uses 2,418 m2 ^of land out of a total of 12,883 m2 ^of land that Mr. V has a certificate of land use rights; Mr. V agrees to let Mr. L1 and Mr. P1 continue to use this land area.

Regarding the land in plot 257, after the donation contract was certified, Mr. V submitted an application for land use rights transfer, but up to now, Mr. V has not been granted a land use rights certificate, the reason being: because the overall map of this area was incorrect, the local People's Committee had to edit it and then, a land use rights dispute arose.

The above mentioned lands have been used by Mr. V since Mr. C1 was still alive until now.

According to Mr. V, the land use right of an area of 3,786.1 m2 ^belonging to plot number 257, map sheet number 16 in ward Y is no longer the legacy of Mr. C1 because it has been transferred to the person concerned.

Therefore, Mr. V did not agree with Ms. U's request to sue.

The people with related rights and obligations are Mr. Tong Huu H1 (Mr. H1), Ms. Nguyen Thi G (Mrs. G) and Mr. Tong Van P1 (Mr. P1) presenting their opinions as follows:

The right to use the land area of 3,786.1 m2 ^belonging to plot number 257, map sheet number 16 and the right to use the land area of 9,839.9 m2 ^belonging to plots 6, 18, 31, 32, 51 and 52, map sheet number 15 in ward Y is the legacy left by Mr. C1; request the Court to divide the inheritance according to the law.

The person with related rights and obligations, Ms. Tong Thi Thu T1 (Ms. T1), presented her opinion as follows:

The right to use the land area of 3,786.1 m2 ⁱⁿ plot 257 is the inheritance left by Mr. C1, so the Court is requested to divide the inheritance according to the provisions of law. Regarding the right to use the land area of 9,839.9 m2 ⁱⁿ plots 6, 18, 31, 32, 51 and 52, Mr. C1 gave it to Mr. V. After that, Mr. V was granted a land use right certificate and Mr. V divided the land to Ms. T1, so Ms. T1 has no claim to this land.

People with related rights and obligations, Ms. Tong Thi N1 (Ms. N1), Ms. Tong Thi N2 (Ms. N2), Ms. Tong Thi Kim A (Ms. A), Ms. Tong Thanh N3 (Ms. N3) and Mr. Tong Phuoc T2 (Mr. T2) present their opinions as follows:

The assets that Ms. U requested to divide as mentioned above were donated by Mr. C1 to Mr. V under two land use rights donation contracts, certified by the People's Committee of town (now ward) Y on June 14, 2010. Therefore, the parties do not request to divide the inheritance. In case the Court divides the inheritance, the parties agree to hand over the inheritance to Mr. V.

The person with related rights and obligations, Mr. Tong Van L1 (Mr. L1) presented his opinion as follows:

The origin of the disputed land was left by Mr. L1's grandparents to Mr. L1's parents. During the time Mr. L1 participated in the revolution, Mr. Tong Van T (Mr. L1's brother) declared, registered and was granted a land use right certificate. Afterwards, Mr. T divided to Mr. L1 the land where Mr. L1 is currently living, with a length of 80 m belonging to plot 18 according to a handwritten document dated December 10, 2002; Mr. L1 has nothing to do with the other disputed lands.

The people with related rights and obligations are Ms. Nguyen Thi C2 (Ms. C2) and Mr. Tong Thanh T3 (Mr. T3) presenting their opinions as follows:

Mrs. C2 is Mr. V's wife; Mr. T3 is Mr. V's son. The parties did not agree with Mrs. U's request to file a lawsuit.

The person with related rights and obligations, Ms. Tong Ngoc L2 (Ms. L2), presented her opinion as follows:

Ms. L2 is the daughter of Mr. Tong Phuoc T2 and Ms. Nguyen Thi H2; if it is the property of the parents, Ms. L2 requests the Court to resolve it according to the law.

The person with related rights and obligations, Ms. Tong Thien K1 (Ms. K1), presented her opinion as follows:

Ms. K1 is the daughter of Mr. Tong Van L1; the party concerned has no request in the case.

The person with related rights and obligations, Ms. Nguyen Thi H2 (Ms. H2) presented her opinion as follows:

Mrs. H2 is the wife of Mr. Tong Phuoc T2; Mrs. H2 does not dispute with Mr. V.

The person with related rights and obligations, Mr. Nguyen Thanh L3 (Mr. L3) presented his opinion as follows:

Mr. L3 is the son of Ms. Tong Thanh N3; if it is Ms. N3's property, the Court is requested to resolve it according to the provisions of law.

The people with related rights and obligations, Mr. Vo Van T4 (Mr. T4) and Mr. Vo Van M (Mr. M) present their opinions as follows:

Mr. T4 is Mrs. N2's husband; Mr. M is Mrs. N2's son. Mr. T4 and Mr. M do not agree with Mrs. U's request to sue.

The people with related rights and obligations are Ms. Tong Thi Tuyet N4 (Ms. N4) and Mr. Tong Thanh P2 (Mr. P2) presenting their opinions as follows:

Ms. N4 and Mr. P2 are the children of Mr. Tong Van P1 and Ms. Vo Thi B; if it is the property of the parents, the parties have no request.

The successor of the litigation rights and obligations of Ms. Vo Thi B (Ms. B) presents the following opinion:

Mr. Tong Van P1, Ms. Nguyen Thi K2, Ms. Tong Thi Tuyet N4, Mr. Tong Thanh P2, Mr. Tong Thanh T5, Ms. Tong Thi Mong T6, Ms. Tong Thi Thuy D1 agreed with the opinion presented by Ms. B and agreed with Ms. U's request to file a lawsuit.

People with related rights and obligations: Mr. Tran Van D2 (Mr. D2), Ms. Truong Thi L4 (Mrs. L4), Ms. Tran Thi Mong T7 (Mrs. T7), Mr. Nguyen Van C3 (Mr. C3), Mr. Truong Dinh P3 (Mr. P3), Ms. Pham Thi T8 (Mrs. T8), Mr. Ho Ba H3 (Mr. H3), Ms. Nguyen Thi T9 (Mrs. T9), Mr. Le Chi V1 (Mr. V1), Ms. Vo Thi Thanh T10 (Mrs. T10), Ms. Luong Thi T11 (Mrs. T11), Mr. Luong The T12 (Mr. T12), Mr. Nguyen Duc T13 (Mr. T13), Ms. Le Thi H4 (Mrs. H4), Ms. Luong Thi M1 (Mrs. M1), Mr. Le Doan T14 (Mr. T14), Mr. Lai Van T15 (Mr. T15), Ms. Do Thi H5 (Mrs. H5) and Ms. Chu Thi Kim X (Mrs. X) all have the following opinions:

The parties have received the land transfer from Mr. V in a handwritten document, have paid the money and built a house on the land; the transfer is a private agreement with Mr. V. If the resolution of this case affects their rights, the parties will file a lawsuit and dispute with Mr. V in another case.

The legal representative of the People's Committee of Z town, Binh Duong province presented the following opinion:

Land use right certificate No. CH 00091 and CH 00092 dated March 2, 2010 issued by the People's Committee of District Z to Ms. Nguyen Thi C1 on the basis of inheritance of land use rights; the issuance of the certificate was carried out in accordance with the order and procedures prescribed in Article 23 of Circular No. 17/2009/TT-BTNMT dated October 21, 2009 of the Ministry of Natural Resources and Environment. Land use right certificate No. CH0539 dated August 16, 2010 issued by the People's Committee of District Z to Mr. Tong Thanh V on the basis of receiving land use rights as a gift, was carried out in accordance with the order and procedures prescribed in Article 23 of Circular No. 17/2009/TT-BTNMT dated October 21, 2009 of the Ministry of Natural Resources and Environment regulating the certificate of land use rights, house ownership rights and other assets attached to land.

The legal representative of the People's Committee of Ward Y, Town Z, Binh Duong Province presented the following opinion:

At the request of Mrs. Nguyen Thi C1, the Judicial - Civil Status officer of the People's Committee of the town (now ward) Y went to Mrs. C1's house to explain and draft a land use rights donation contract according to the prescribed form; the Judicial - Civil Status officer read the entire content of the land use rights donation contract for all parties to hear. Then, Mrs. C1 and Mr. V signed and fingerprinted the contract in front of the Judicial - Civil Status officer. At the time of signing and fingerprinting, Mrs. C1 and Mr. V were completely lucid and voluntary, with full civil act capacity according to the provisions of law. After the parties signed and fingerprinted, the People's Committee of the town (now ward) Y established procedures to authenticate the land use rights donation contract, authentication numbers 111 and 112, book number 1.2010/TP/CC-SCT/HĐGD on the same day of June 14, 2010 in accordance with the provisions of law.

In the Civil Judgment at First Instance No. 17/2019/DS-ST dated May 9, 2019, the People's Court of Tan Uyen Town, Binh Duong Province decided as follows:

Partially accept the plaintiff Ms. Tong Thi U's lawsuit against the defendant Mr. Tong Thanh V regarding a dispute over property inheritance.

The inheritance of Mrs. Nguyen Thi C1 is the right to use the land area according to actual measurement of 3,786.1 m2 ^belonging to plot number 257, map sheet number 16 in quarter X, ward Y, town Z, which was granted by the People's Committee of district (now town) Z with Certificate of right to use number in the land use right certificate book CH00091 dated March 2, 2010 in the name of Mrs. Nguyen Thi C1 as follows:

Ms. Tong Thi U is entitled to inherit the right to use land with an area of 344.1 ^m2 .

The heirs of Mr. Tong Van H6 include Ms. Nguyen Thi G, Tong Minh H7, Tong Thi Kim T16, Tong Thi Kim P4, Tong Thi Kim L5, who are entitled to inherit the right to use the land with an area of 344.1 ^m2 .

Ms. Tong Thi Thu T1 is entitled to inherit the right to use land with an area of 344.1 ^m2 .

Mr. Tong Van P1 is entitled to inherit the right to use land with an area of 344.1 ^m2 .

Mr. Tong Huu H1 is entitled to inherit the right to use land with an area of 344.1 ^m2 .

Mr. Tong Thanh V, Ms. Tong Thi N1, Ms. Tong Thi N2, Ms. Tong Thi N3, Mr. Tong Phuoc T2 and Ms. Tong Thi Kim A all received inheritance of land use rights with an area of 344.1 ^m2 .

Acknowledge the voluntary consent of Ms. Tong Thi N1, Ms. Tong Thi N2, Ms. Tong Thi N3, Mr. Tong Phuoc T2 and Ms. Tong Thi Kim A regarding the assignment of the inherited portion to Mr. Tong Thanh V. Thus, the portion that Mr. V is entitled to inherit is the right to use the land with an area of 2,065.6 ^m2 .

For crops grown on whose land, that person manages and uses it.

Not accepting the plaintiff's request to initiate a lawsuit, Ms. Tong Thi U, regarding the request to declare the Land Use Rights Donation Contract, certified number 111, book number 1/2010/TP/CC-SCT/HĐGD, certified by the People's Committee of town (now ward) Y on June 14, 2010, invalid; Determine the area of 9,839.9 m2 ^belonging to plots 6, 18, 31, 32, 51 and 52, map sheet No. 15 according to Land Use Right Certificate No. CH00539 issued by the People's Committee of district (now town) Z on August 16, 2010 to Mr. Tong Thanh V as the legacy of Ms. Nguyen Thi C1 and divide the legacy of Ms. Nguyen Thi C1 as the right to use the land area of 9,839.9 m2 ^, belonging to plots 6, 18, 31, 32, 51 and 52, map sheet No. 15 in ward Y, town Z, Binh Duong province.
Suspend the trial of the plaintiff Ms. Tong Thi U's lawsuit request regarding the area of 1,597 m2 ^of plot 18 and the area of 2,418 m2 ^of plot 6 in ward Y, town Z, Binh Duong province.

In addition, the Court also ruled on court fees, measurement, valuation, appraisal costs, responsibility for late enforcement and the parties' right to appeal.

On May 20, 2019, Mr. Tong Thanh V appealed to amend the first instance judgment in the direction of not accepting all of Ms. U's lawsuit requests.

On May 22, 2019, Ms. U appealed the first instance judgment, requesting the Court of Appeal to accept all of the plaintiff's claims.

In the Civil Appeal Judgment No. 276/2019/DS-PT dated November 27, 2019, the People's Court of Binh Duong province decided as follows:

Not accepting the appeal request of the plaintiff Ms. Tong Thi U, the defendant Mr. Tong Thanh V.

Partially amend the first instance judgment (regarding court fees), other contents of the first instance civil judgment No. 17/2019/DS-ST dated May 9, 2019 of the People's Court of Tan Uyen town, Binh Duong province remain the same.

In addition, the Court of Appeal also ruled on court fees, rights and obligations to enforce the judgment, and the validity of the judgment.

On January 6, 2020, Mr. Tong Thanh V filed a petition requesting the competent Court to appeal under the cassation procedure against the above civil appellate judgment.

In the appeal decision No. 96/2020/KN-DS dated June 22, 2020, the Chief Justice of the High People's Court in Ho Chi Minh City appealed part of the above civil appellate judgment; requested the High People's Court in Ho Chi Minh City to review and annul part of the civil appellate judgment on the inheritance division of Ms. Nguyen Thi C1, which is the right to use the land area (according to actual measurement) of 3,786.1m2 ^belonging to plot No. 257, map sheet No. 16 in Quarter X, Ward Y, Town Z, Binh Duong Province; and transferred the case file to the People's Court of Binh Duong Province for retrial according to the appeal procedure.

At today's trial, the representative of the High People's Procuracy in Ho Chi Minh City requested the Judicial Committee of the High People's Court in Ho Chi Minh City to accept the appeal of the Chief Justice of the High People's Court in Ho Chi Minh City, partially annulling the civil appellate judgment on the division of the inheritance of Ms. Nguyen Thi C1, which is the right to use the land area (according to actual measurements) of 3,786.1 square meters ^belonging to plot number 257, map sheet number 16 in quarter X, ward Y, town Z, Binh Duong province; handing over the case file to the People's Court of Binh Duong province for retrial according to the appellate procedure.

JUDGMENT OF THE COURT:

[1] Mr. Tong Van T (died in 2007) and Ms. Nguyen Thi C1 (died on September 8, 2011), were husband and wife, with 11 children, listed as follows: Ms. Tong Thi U (plaintiff), Mr. Tong Thanh V (defendant), Mr. Tong Van P1, Mr. Tong Van H6 (died on February 18, 2012, had a wife, Ms. Nguyen Thi G, and had the following children: Tong Minh H7, Tong Thi Kim T16, Tong Thi Kim P4, Tong Thi Kim L5), Ms. Tong Thi N1, Mr. Tong Huu H1, Ms. Tong Thi N2, Ms. Tong Thi Kim A, Ms. Tong Thanh N3, Mr. Tong Phuoc T2, Ms. Tong Thi Thu T1.

[2] After Mr. T died (in 2007), on November 16, 2009, Mr. C1 and his children (Mr. T, Mr. C1) made a document agreeing to divide the inherited property, which is the land use right; the document was certified by the People's Committee of Y town, Z district, Binh Duong province on the same day, November 16, 2009.

[3] According to the above inheritance division document, Mr. C1 was divided 03 parts of land in town Y, including: (a) 854m2 of ^land belonging to plots 31, 32, 51, map sheet 15; (b) 17,762m2 ^of land belonging to plots 06, 108, 109, 110, 115, 18, 52, 128, 129, 135, 136, 35, 38, 40, 54, 55, map sheets 15, 16; (c) 4,119m2 of ^land belonging to plot 257, map sheet 16.

[4] After being divided the above assets, Mr. C1 declared, registered and was granted a land use right certificate on March 2, 2010. Thus, from the date of being granted a legal land use right certificate, these land portions became Mr. C1's private property and the person concerned has the right to dispose of these assets according to the provisions of civil law.

[5] Consider, on the same day of June 14, 2010, Mr. C1 made 02 contracts to donate to Mr. V 02 parts of the above-mentioned property, as follows: The first part of land has an area of 12,883m2 ^belonging to plots 6, 18, 31, 32, 51, 52 on map sheet number 15 of town Y; The second part of land has an area of 4,119m2 belonging to plot 257 on map sheet number 16 of town Y. The two contracts of donating land use rights were both legally certified by the People's Committee of town Y on the same day of June 14, 2010.

[6] After being given the land use right, Mr. V carried out administrative procedures according to the provisions of law to transfer the land use right name from Mr. C1 to the concerned party. On August 16, 2010, Mr. V was granted a land use right certificate by the People's Committee of district Z for the land area of 12,883m2 belonging to plots ⁶ , 18, 31, 32, 51, 52 on map sheet No. 15 of town Y (land use right certificate No. CH00539 dated August 16, 2010). In this land area, Ms. U only requested to divide the inheritance for the land area of 9,839.9m2 ⁽ because Ms. U agreed to deduct the remaining land area that Mr. V had divided to Mr. L1 and Mr. P1).

[7] Regarding the land area of 4,119m2 ⁱⁿ plot 257, map sheet No. 16, town Y (according to the actual measurement results on March 8, 2013 of the Court of First Instance, the land area is 3,786.1m2 ⁾ , Mr. V is currently not named as the land user. The reason Mr. V stated is that, after submitting the declaration and registration documents to transfer the name from Mr. C1 to the party concerned, the local People's Committee needed to edit the overall land map and then, there was a dispute from Ms. U, so the name transfer has not been carried out until now.

[8] Consider, for the land area of 12,883m2 ^belonging to plots 6, 18, 31, 32, 51, 52 on map sheet number 15 of town Y (in this land area, Ms. U only claims to divide the inheritance for the land area of 9,839.9m2 ^because Ms. U agrees to deduct the remaining land area that Mr. V has divided for Mr. L1 and Mr. P1):

[9] According to the inheritance division document dated November 16, 2009 and the land use right donation contract dated June 14, 2010, this land is the private property of Mr. C1 who donated it to Mr. V and Mr. V was granted a legal land use right certificate by the People's Committee of District Z on August 16, 2010 (Land use right certificate No. CH00539 dated August 16, 2010).

[10] When resolving the case, the Court of First Instance and the Court of Appeal determined that the land area of 12,883m2 ^belonging to plots 6, 18, 31, 32, 51, 52 on map sheet No. 15 of town Y is the legal property of Mr. V, and the refusal to accept the request to divide the inheritance for this land has a legal basis.

[11] Consider, for the

land area of 4,119m2 ^belonging to 257 excess map sheets No. 16, town Y (according to the actual measurement results on March 8, 2013 of the Court of First Instance, the land area is 3,786.1m2 ⁾ :

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

[13] Article 692 of the 2005 Civil Code stipulates the validity of land use right transfer transactions as follows: “The transfer of land use rights shall be effective from the time of registration of land use rights in accordance with the provisions of the law on land”.

[14] Thus, legally, until the transferee of land use rights (according to the donation transaction) has not yet registered the land use rights for himself, and the transferor of land use rights has died, the land use rights donation contract will not be legally valid.

[15] If we consider the above argument, the Court of First Instance and the Court of Appeal determined that the land area of 4,119m2 ^belonging to plot 257, map sheet number 16, town Y, up to now is still the legacy of Mr. C1 and has not been transferred to Mr. V and accepted the request for inheritance of the property, is correct.

[16] In terms of legal nature, a property donation contract is a unilateral contract, meaning that in this type of contract, only one party has an obligation to the other party. Therefore, in some cases such as the specific case mentioned above (the person who is gifted the land use right has not yet registered the land use right for himself, and the person who donated the land use right has died), the Court can consider and recognize the legal validity of the land use right donation contract established on June 14, 2010 when determining that this contract is a document expressing the final will of Mr. C1 regarding the property of the party, a document expressing the right to dispose of the property of the party before death, because the following necessary and sufficient conditions are met:

[17] The contract has satisfied the conditions prescribed by law on the right to donate land use rights;

[18] Until death, the donor of the property has no document to replace the previously signed property donation contract and has no action showing a change of will expressed in the signed property donation contract;

[19] The person to whom the property is done cannot register the property (land use rights) due to objective obstacles in administrative procedures (or other objective obstacles), not due to the subjective will of the person who donated the property.

[20] In fact, Mr. V is the person who has possessed, managed, and used the donated land since Mr. C1 was still alive until now because he is the youngest child, living with Mr. T and Mr. C1 since childhood until Mr. T and Mr. C1 died.

[21] The above argument was also acknowledged by the Supreme People's Court in the appeal decision No. 470/2013/KN-DS dated October 3, 2013 and the final judgment decision No. 76/2014/DS-GDT dated March 5, 2014 of the Civil Court of the Supreme People's Court when resolving a similar case (the dispute over a property donation contract between the plaintiff, Ms. Doan Viet T17; the defendants, Mr. Doan Phong B1 and Mr. Doan Van K3, occurred in Ca Mau province).

[22] Thus, the Court of First Instance and the Court of Appeal have not properly and comprehensively assessed the documents and evidence, nor have they collected sufficient documents and evidence to properly adjudicate the dispute over the land area of 4,119m2 in ^plot 257, map sheet No. 16, Y town, Z district, Binh Duong province, according to the above analysis. Therefore, the Judicial Committee of the High People's Court in Ho Chi Minh City annulled the part of the appellate judgment resolving the dispute over the land area of 4,119m2 ⁱⁿ plot 257, map sheet No. 16, Y town, Z district, Binh Duong province, and transferred the case file to the Court of Appeal for retrial according to the appellate procedure.

[23] When re-examining the case, if the land use right donation contract established on June 14, 2010 between Mr. C1 (donor) and Mr. V (donee) has all the necessary and sufficient conditions listed below, the validity of the contract must be recognized; those conditions are:

[24] The contract has satisfied the conditions prescribed by law on the right to donate land use rights;

[25] Until death, the donor of the property has no document to replace the previously signed property donation contract and has no action showing a change of will expressed in the signed property donation contract;

[26] The person to whom the property is done cannot register the property (land use rights) due to objective obstacles in administrative procedures (or other objective obstacles), not due to the subjective will of the person who donated the property.

For the above reasons,

DECISION:

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

Accept appeal No. 96/2020/KN-DS dated June 22, 2020 of the Chief Justice of the High People's Court in Ho Chi Minh City.

Annul the civil appellate judgment No. 276/2019/DS-PT dated November 27, 2019 of the People's Court of Binh Duong province on the trial of the case "Dispute over inheritance of property; dispute over the request to declare the contract of donation of land use rights invalid" between the plaintiff, Ms. Tong Thi U; the defendant, Mr. Tong Thanh V, regarding the settlement of the dispute over the land area of 4,119m2 ^belonging to plot 257, map sheet No. 16, town Y, district Z, Binh Duong province (according to the actual measurement results on March 8, 2013 of the Court of First Instance, the land area is 3,786.1 m2 ⁾ .

Transfer the case file to the People's Court of Binh Duong province for retrial according to the appeal procedure for the above-mentioned annulled judgment.

CONTENT OF PRECEDENT

“[23] When re-examining the case, if the land use right donation contract established on June 14, 2010 between Mr. C1 (donor) and Mr. V (donee) has all the necessary and sufficient conditions listed below, the validity of the contract must be recognized; those conditions are:

[24] The contract has satisfied the conditions prescribed by law on the right to donate land use rights;