Case law No. 15/2017/AL regarding “Recognition of verbal agreement between the involved parties with respect to exchange of agricultural land use rights”
October 15, 2020 Case Law
This case law was approved by the Judicial Council of the Supreme People’s Court on December 14, 2017 and promulgated under Decision No.299/QD-CA dated December 28, 2017 issued by the Chief Justice of the Supreme People’s Court.
Source of this case law: Cassasion Decision No. 394/2012/DS-GDT issued by the Civil Court of the Supreme People’s Court on August 23, 2012 regarding the case of “Dispute over the land exchange agreement” in Hanoi between Ms. Trinh Thi C as the plaintiff and Mr. Nguyen Minh T as the defendant; people with related rights and obligations are Ms. Vu Thi P, Mr. Nguyen Minh Tr, Ms. Bui Thanh H, Ms. Truong Thi X, Mr. Truong Sy K, Ms. Truong Hong T, Ms. Truong Thi H1, Mr. Truong Anh T, Ms. Truong Thuy N, Mr. Truong Quang K, Ms. Truong Thi H2.
In this case law, the involved parties voluntarily made a verbal agreement on the exchange of agricultural land use rights before October 15, 1993 (the date when the 1993 Land Law came into force), then had registered and declared the exchanged land areas which was recorded in the cadastral book; additionally, those land areas had been directly cultivated and used during a stable, continuous and long-term manner. Therefore, the Court shall recognize said verbal agreement on the exchange of agricultural land use rights for the reasonable determination that the involved parties are entitled to use the exchanged land areas.