On May 12, 2023, the People's Court of Hai Phong City issued Judgment 39 on land disputes involving Mr. Nguyen Van Hoa's household and Mr. To Van Hoai's household, both in Ta Ngoai 2 village, Vinh Hoa commune. Up to now, the verdict has come into effect but has not yet been organized for enforcement. The plaintiff sent a petition, the newspaper published an article reflecting the incident and showed signs of complicated security and order in the commune.
In the face of the above situation, the People's Committee of Vinh Hoa commune proposed that the Hai Phong Civil Judgment Enforcement direct the Civil Judgment Enforcement of Region 7 to promptly organize the implementation of Judgment 39 according to regulations. The People's Committee of the commune will coordinate to ensure security and order during the implementation process.
Previously, as Lao Dong reported, Mr. Nguyen Van Hoa and Ms. Nguyen Thi Mau, residing in Ta Ngoai 2 village, An Hoa commune (old Vinh Bao district), now Ta Ngoai 2 village, Vinh Hoa commune (Hai Phong city), were granted a land use right certificate with number CX-485350 with an area of 46 m2 in the center, road surface 17B and near the headquarters of the People's Committee of An Hoa commune since the beginning of 2021.
In April 2022, Mr. Hoa's neighbor, Mr. To Van Hoai, and his wife, Ms. Ma Thi Uyen, organized construction on the adjacent land but poured reinforced concrete foundations encroaching on part of Mr. Hoa's family's land. This caused the foundation and walls of Mr. Hoa's house to crack and break, causing severe damage.
In this situation, Mr. Hoa petitioned the local government. The People's Committee of An Hoa commune (old) also inspected and requested Mr. Hoai's household to stop construction and return the encroached land, but Mr. Hoai did not comply and continued to complete the construction of the solid 2-storey house. After that, Mr. Hoa filed a lawsuit in court.
In February 2023, the People's Court of Vinh Bao district (old) tried the case, determining that Mr. Hoai had encroached and built a house on Mr. Hoa's family's land, along the land plot (3m2). At the same time, Mr. To Van Hoai's family was forced to pay a total of VND 70,843,000 to Mr. Hoa's family. Mr. Hoai continues to manage and use the encroached land area of Mr. Hoa's family. However, Mr. To Van Hoai appealed the entire sentence.
In May 2023, the Hai Phong City People's Court opened an appeal hearing, accepting Mr. Hoa's lawsuit and dismissing Mr. Hoai's appeal. At the same time, Mr. Hoai was forced to be responsible for demolishing assets attached to the land to return the encroached land area of Mr. Hoa's family and paying more than 4.8 million VND in the value of the walls and foundations of Mr. Hoa's house damaged by encroachment and house construction activities.
After that, the enforcement agency repeatedly coordinated with local authorities and specialized agencies to resolve, verify, and persuade, but the person subject to enforcement still did not voluntarily enforce the judgment. Mr. Hoai's family even opposed and challenged the organization of the execution of the judgment; always thinking that they did not encroach on Mr. Hoa's family's land.
At meetings to resolve the enforcement, relevant authorities all said that this is a difficult judgment to enforce in practice because if part of the wall and foundation is demolished, it will seriously affect the structure of the house, potentially collapse the entire house, affecting life and property.
Up to now, the enforcement of the Civil Judgment Enforcement Department of Region 7 is continuing to organize the enforcement of the case in accordance with legal regulations; enhancing dialogue and mobilizing the parties to voluntarily enforce the judgment.
