THE LAM LAW LLC would like to present to our esteemed readers The Experience Notice no. 35/TB-VKS-DS issued by the High People’s Procuracy in Da Nang on April 23, 2024, regarding the supervision of the resolution of the civil case “Dispute over land use rights, annulment of the land use rights certificate.“

KEY TAKEAWAYS

The disputed land is pledged as collateral to a bank. The first-instance court declared the annulment of the land use rights certificate for the disputed land but failed to include the bank as a party with relevant rights and obligations, which constitutes a serious violation of procedural rules and adversely affects the legal rights and interests of the bank.

The appellate court was unable to rectify this oversight, leading to the acceptance of the defendant Mr. Tran S’s appeal and the annulment of the first-instance judgment for a re-trial.

For the full text of Notice No. 35/TB-VKS-DS, please refer to the attached document.

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