VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
NGUYEN THI HUONG
THE RIGHT TO ADJACENT IMMOVABLE
PROPERTY UNDER VIETNAM’S CURRENT LAW
Major : Economic Law
Major Code: 9 38 01 07
ABSTRACT SUMMARY THESIS
HANOI – 2019
The thesis was completed at: Graduate Academy of Social Sciences,
Vietnam Academy of Social Sciences
Science Instructor: Assoc. Prof. Dr. Ha Thi Mai Hien
Reviewer 1: Prof. Dr. nguyen thi mo
Reviewer 2: Assoc. Prof. Dr. Vu Thi Lan Anh
Reviewer 3: Dr. Dang Vu Huan
The doctoral thesis defense will take place before the
Academy-level thesis council in the Graduate Academy of Social
Sciences, Vietnam Academy of Social Sciences, no. 477 Nguyen
Trai, Thanh Xuan, Hanoi.
On………………., day….…month……year 20
necessary and objectively indispensable in both theoretical and legal aspects and
the enforcement of the rights to adjacent immovable property.
2. Research purpose
The purpose of the thesis research is to clarify the theoretical and practical
issues of rights to adjacent immovable property. From there, propose orientations
and solutions to the law on the rights to adjacent immovable property in Vietnam
today.
3. Objective and scope of the study
Research objective: the system of perspectives, guidelines and policies of
the Party and the State; legal provisions on the Rights to adjacent immovable
property in Vietnam and other countries in the world; cases of actual settlement of
the Rights to adjacent immovable property; reports and summaries of law
enforcement situation related to the Rights to adjacent immovable property in
Vietnam.
Scope of research: As a doctoral thesis in law, the thesis studies on the
Rights to adjacent immovable property from the perspective of legal science. The
dissertation delves into four groups of the most basic legal provisions related to the
Rights to adjacent immovable property in the relationship between civil law and
other specialized legal documents such as: Land Law, Construction Law, Housing
Law... These are: The group of legal provisions on the basis for establishing and
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terminating the Right to adjacent immovable property; group of provisions on the
common cases of the Rights adjacent immovable property; the group of laws that
regulates the rights to adjacent immovable property and the group of laws to protect
the rights to adjacent immovable property.
Dimension of the research: The thesis only focuses on research in Vietnam.
Also, in order to compare the legal basis and practice of enforcing the law on the
Rights to adjacent immovable property in Vietnam, the thesis will explore the
law. At the same time, the use of case studies will complement the arguments,
interpretations, and recommendations that the research makes.
- Interpreting and inductive method: This method is mainly used in chapter
4 of the thesis to give directions and complete solutions to the law on the Rights to
adjacent immovable property in our country today.
- Historical dialectic method: This method is used to study and synthesize
the thesis's problems that have been mentioned, studied, formed in history so far.
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5. New scientific contributions of the thesis
In addition to inheriting a number of issues related to the thesis of
previously published scientific works, the thesis has made new contributions on the
following contents:
- Firstly, about the approach: The thesis approaches the Right to adjacent
immovable property not only from the perspective of civil law, but also researches
in the provisions of economic laws. Legislation on the Rights to adjacent
immovable property will be comprehensively considered in accordance with the
provisions of the Civil Code, the Land Law, the Construction Law... This issue has
been researched and evaluated by the author in most chapters of the thesis and
especially in chapter 3 of the thesis.
- Secondly, the thesis is an in-depth study of theoretical issues related to the
law on the Rights to adjacent immovable property, the thesis has analyzed and
clarified the concept of adjacent immovable property; the concept of the Rights to
adjacent immovable property; legal concept of Rights to adjacent immovable
property; regulatory principles of the Right to adjacent immovable property; The
basic content as well as the form of the law on the rights to adjacent immovable
property.
- Thirdly, the thesis is an elaborate study of the current situation of the law
CHAPTER 1: OVERVIEW OF THE RESEARCH STATUS
1.1. Research status of the thesis topic
By reviewing the outstanding works related to the research topic, we can see the
achieved results of the research activities, specifically as follows:
Firstly, most of the studies stated that: The right to adjacent immovable property
is the right to be exercised on an immovable property for the exploitation of another
immovable property owned by others. Therefore, the provisions on the Right to
adjacent immovable property are important in scientific research as well as from a
practical perspective.
Secondly, the scientific works have agreed in affirming the importance of the
Right to adjacent immovable property and have considered this right to be a derivative
from the ownership right, and the basic feature of the Right to adjacent immovable
property is its immovable property and it is a kind of indivisible right even though the
property can be divided into several sections.
Thirdly, most published works have said that in practice, the law on the rights to
adjacent immovable property in our country is still inadequate, limited and does not
meet the requirements of international integration and judicial reform. At the same time,
it does not meet the necessary needs in the usage of adjoining immovable property of
the owner of the immovable property, so as to best ensure the exploitation of
immovable property under the ownership that requires the use of adjacent property.
Fourthly, most of the studies stated that the current solution to perfect the
current legal provisions on the Rights to adjacent immovable property in Vietnam
is: to reconsider the usage of the term "Rights to adjacent immovable property”, to
supplement and perfect the provisions on the scope of the Rights to adjacent
immovable property; principles to determine compensation and compensation
levels for the damage occurred; to provide specific guidance on Registration of
Rights of adjacent immovable property; to supplement the legal provisions on the
right of passage, water supply and drainage, irrigation and drainage, entanglement
of power transmission, communication lines…
1.2. Issues that have not been thoroughly resolved
regulations on the Right to adjacent immovable property in Vietnam but only to
raise legal issues without considering, explaining in a comprehensive way of
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orientations as well as complete solutions to the law on the Rights to adjacent
immovable property based on the real life requirements in our country today.
CHAPTER 2: THEORETICAL ISSUES RELATED TO THE LAW ON THE
RIGHT TO ADJACENT IMMOVABLE PROPERTY
2.1. Definition, characteristic of the right to adjacent immovable
property
2.1.1. Definition of adjacent immovable property
Through studies of adjacent immovable property, the concept of adjacent
immovable property can be interpreted as follow: Adjacent immovable properties
are immovable properties that adjoined, the adjoining is the adjacent and the
location of the properties are determined by their contiguity.
2.1.2. Definition of the right to adjacent immovable property
From the analysis and assessment of the Right to adjacent immovable
property, the concept of Right to adjacent immovable property can be interpreted as
follows: Right to adjacent immovable property is the right of owner of immovable
property, within the conditions prescribed by law, to use other people's immovable
property within the defined scope to satisfy the rational exploitation and usage of
their own immovable property.
2.1.3. Characteristics of the right to adjacent immovable property
First, the right to adjacent immovable property is the right to property (a
property right) of another person.
Second, the Right to adjacent immovable property is mainly established
between adjoining or very close immovable property.
Thirdly, the Right to adjacent immovable property are general and
affected by the right, the law also prohibit abuse of rights to immovable property
subject to the easement. In addition, the fixed principle does not allow owners to
change the status quo of the immovable property under easement in order to make
it difficult to the enjoyment of the easement of other people especially the right to
use and disposition, provided that the rights of the owner of the immovable
property are respected.
2.2.2.3. Principle of absolute
The right to adjacent immovable property is considered to be an absolute
right. Effective for all and respected by all. The rights to adjacent immovable
property are absolutely protected and not infringed upon by any entity. This
principle is intended to counteract or the disturbance cause by other entity to things.
2.2.2.4. Principle of publicity
The principle of publicity aims to recognize the rights of the owner of the
Right to adjacent immovable property, also to avoid risks to third parties.
Disclosure of the Right to adjacent immovable property is also an essential
principle for the purpose of security in transactions.
2.2.3. Content of the law on right to adjacent immovable property
The content of law on adjacent real immovable property includes the
following groups of basic legal provisions:
2.2.3.1. Legal provisions on the basis of establishment and termination of
Rights to adjacentg immovable property
- Basis of establishment of right to adjacent immovable property
Firstly, the right to adjacent immovable property is established by
agreement
Secondly, the right to adjacent immovable property is established due to
its natural terrain
Thirdly, the right to adjacent immovable property is established according
to the provisions of law
Fourthly, the right to adjacent immovable property is established by will
- Basis of termination of right to adjacent immovable property
source of natural water or tap water, the owner of the property may apply the
limited use of adjacent immovable property to request the owners of other adjacent
immovable properties for the use of their owned real estate to build a plumbing
system. Placement of pipes is agreed by the parties.
- Right to watering and drainage in cultivation
Agricultural production plays an important role in our country's economy.
Growing rice or cultivating other plants has existed for a long time. Therefore,
among the rights to adjacent immovable property, the right to watering and
drainage in cultivation is the earliest form of right, together with the right of
passage. This is a form of right which was prescribed in ancient Roman law, when
agriculture play an important role in social production. In cases where water can be
obtained from the natural stream approaching the property, the property owner may
use the irrigation water flow according to his or her needs. In case irrigation water
cannot be obtained from the natural flow, immovable property that needs irrigation
water may be entitled to easement of watering as prescribed by law or from an
agreement.
- The right to transmission, communication lines via other immovable property
This right derived from the practices and requirements of wiring and
communications lines. Because these lines must come from the electricity supply,
communication sources, the connection must be forced through various owner’s
properties, not just through adjacent properties. If the owners of these lines cause
damage to the adjacent immovable property owners during the line connection, due
to the lines falling, collapsing,.. the owners of the electricity and information
transmission lines must pay compensation based on the degree of fault and the
extent of damage caused by them.
2.2.3.3. Legal provisions on the limitation of right to adjacent property
- Obligation to protect the environment
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- Obligation to set air vent, light gap, visibility
Vents are gaps in the wall to allow the interior of the structure to be
ventilated, while the light gap is a space in the wall for natural light to enter the
building without the ventilation effect. Light gap is a unique technique of
architecture in cold countries, which helps the interior of the structure to both
receive natural light from the outside, and at the same time resist the intrusion of
the cold from outside. The current law of Vietnam has mentioned the ventilation
holes in Clause 3, Article 176 but there is no regulation on light gap yet.
Visibility is a concept in real estate law, built to formulate the rules
regarding the rights of an owner of an immovable property to be seen externally.
Common visual devices in Vietnam include: Windows and balconies. The
doors/windows are to create a path between the inside and outside of the house,
helping the space inside the house to be airy, while allowing homeowners to
interact with the outside space. In principle, the placement of doors/windows is at
will. The owner has the right to decide the position, distance from the ground,
width, height, style... of the doors/windows.
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2.2.3.4. Legal provision on the protection of the right to adjacent immovable
property
- Registration of right to adjacent property
The right to adjacent immovable property is the right of an entity over the
property of another, ie at the same time there are two entities having the same
rights to the property. Meanwhile, the property is usually in the possession of
legally bound to a single owner. Therefore, to create trust for the third party that
he/she also has the rights to the property of others is a necessary job. This will be a
legal basis to ensure the effective of recognition and protection of the Right to
adjacent immovable property, and it is also a guarantee tool for the performance of
holder may appeal for compensation of any losses they have suffered.
+ Request protection from other competent state agencies
Firstly, exercise the right to request the competent state agency to protect
the Rights of adjacent immovable property independently or before the application
of civil lawsuits. This activity may be chosen by the parties as soon as any violation
is noticed and aim to be effective in a short period of time, as in cases involving
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rights to the passageway, the parties may request the local People's Committee to
settle within the jurisdiction permitted by the law ... or request the competent
authority to impose administrative sanctions on illegal acts such as: building
encroachment on adjacent land,. or improper discharge of wastewater polluting
the environment ...
Secondly, exercise the right to request the competent state authority to
protect the Right to adjacent immovable property as a supporting role after the
implementation of civil lawsuits. This require the agency of judgment execution to
intervene in case the Court has made a final judgement but the infringer still
blatantly obstructs the law, and does not make compensation ...
In addition to the above measures to protect the rights to adjacent
immovable properties, Vietnamese law also provides other measures to protect the
ownership in general and the rights to adjacent properties in particular, such as:
Administrative measures, penal measures. However, compared with these
protection methods, civil appeal seems to be more realistic; can be applied more
widely than other measures and create very favorable and easy conditions for
every violated entity to actively implement this method.
2.2.4. Form of legislation on the Rights to adjacent immovable property
2.2.4.1. Provisions on the Rights to adjacent immovable property in legal
documents
This is the main, basic and most important form of civil law in general and the
3.1.1. Status of law on the establishment of right to adjacent immovable
propery
Vietnamese law has recognized 4 bases for the establishment of the right
to adjacent immovable property. However, in the process of implicating the
law, there have been a number of obstacles and inadequacies related to a
number of basis for the establishment of this right, such as: While the law has
provided for necessary passage for people inside, there is no necessary
passageway for the person in the upper floor in the case of multi-story house. If
a high-rise building is divided among different owners, the owners after being
divided must have appropriate paths; There are no specific documents guiding
the statute of limitations for enjoying the right to adjacent properties and in this
case the right to the passageway such as: The problem arise when the person
appointed in the will exercise the right to the property, does the inheritance
statute prescribed in Article 623 of the Civil Code apply to the real estate
entitled to this right? (According to Clause 1, Article 623, the statute of
limitations for real estate is 30 years). So, in this case, if after 20 years the
rightful heirs exercise their rights, then it will be detrimental to the owner of the
right to enjoy…
3.1.2. Status of law on the basis of termination of right to adjacent
immovable propery
Article 256 of the Civil Code 2015 regulate the termination of the Right
to adjacent immovable property: “1. The entitled immovable property and the
obliged immovable property belong to ownership rights of a person; 2. The use
and exploitation of the immovable property do not arise the needs of enjoying
rights; 3. Upon agreement of contracting parties; 4. Other bases as provided by
law”. In fact, the cases of termination of the Right to adjacent immovable
property do not stop there. There are other notable situations can be mentioned.
For example, considering the right to benefit from an easement as a property
right, it can be assumed that this right will be lost in statute of limitations. Or,
the demand for easement still exists, but the ability to bear the easement of
Does water need to be approved by the surrounding land owner for each water
course? ... The law needs specific guidelines to conveniently and reasonably
implement this right (evidenced through specific cases in the thesis).
3.2.3. Status of water supply and drainage through adjacent immovable
property
Although the legal basis related to the right to water supply and drainage
through adjacent immovable property has been recorded quite sufficiently and
reasonably in the legal documents. However, in practice, the application of
legal provisions on this issue still faces a number of inadequacies: The
regulations on this type of rights among legal documents are not really
consistent with each other; regulations on relations with neighboring
constructions in accordance with Vietnamese standards are not consistent with
the Civil Code 2015 ... (evidenced through specific cases in the thesis).
3.2.4. Status of the law on entitlement to electricity transmission,
communication lines
Establishing electric transmission and communication lines is not the
obligation of the owner of the surrounded property as a user of this service (the
buyer) but an obligation of the electricity and communications service provider
(sellers). As a result, who is responsible for compensation when there are
damages in the process of establishing transmission, communications lines and
the process of using the service. The issues that also need to be raised are that
in the process of establishing power transmission, communication lines, which
cause damage, how should the compensation be handled? Who is responsible
for compensation? Compensation under which regulations, contractual or noncontractual?
With the development of information technology and the Internet, the
demand for establishing transmission and communication lines is increasing. In
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the process, there may be disputes related to this issue (evidenced through
emergency situation: “A person causing damage as a result of exceeding the
requirements of an emergency situation must compensate any aggrieved person
for that part of the damage which resulted from exceeding the requirements of
an emergency situation”. The question is, if it is still within the bounds of the
emergency situation then will compensation be instituted? For example,
because a house is on fire, the owner of the inner real estate is forced to break
down the outside of the homeowner's wall to escape. Thus, although in the
context of an emergency situation, it has caused damage to owners of adjacent
immovable property (broken houses). In this case, should there be an
appropriate compensation plan to remedy damage to the owner of the adjacent
property mentioned above?
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Another problem posed by the emergency situation is that the damage
caused must be smaller than the damage to be prevented (both in terms of
properties and magnitude). However, comparing these two interests is not
always easy, but requires careful evaluation and consideration of the sources of
danger to the society, the damage suffered by the society and the affected
subjects.
3.3.3. Status of law on the obligation of ensuring public order, public
safety; respecting the construction rules
Regarding the obligation to ensure public order and safety; respecting
construction rules, there are now quite a number of legal documents in this
field such as the Construction Law, the Law on Urban Planning, the Housing
Law... However, these are the normative principles. In order to apply that
regulation, it is still necessary to rely on many construction regulations, even
common construction practices in each region and each locality. Currently,
especially in urban areas that are crowded, and therefore living in apartments is
housing. Article 178 of the Civil Code 2015 provides for the restriction of the
right to create the following: “1. A house owner may only install entry and exit
doors and windows opening onto adjacent houses or opposite houses and
common walkways in accordance with the law on construction”. However,
after that, the construction standards in 2018 did not mention this content. The
question is why window coverings were not included in the building codes but
were in the standard form?
Moreover, according to the provisions of the Construction Law 2014, the
construction of door is in special cases if the repair or renovation does not
change the architecture of the exterior, not adjacent to roads in urban areas
requiring architectural management. In fact, when addressing the needs of the
people, each district does it differently. Some districts allow people to open
their doors without asking for consent from their neighbors, except for
community access. Meanwhile, some districts still apply according to the
guidance of the Department of Construction since 2010, which requires the
consent of neighbors on the same alley to resolve. This has led to disputes and
complaints in many districts such as Go Vap and Binh Thanh.
Dispute disputes about door-opening often arise in urban areas, when the
"an inch of land" is "an inch of gold". In order to have good ventilation in the
house, adjacent households often make windows in their walls. However, many
households failed to reach an agreement with nearby property owners, so
disputes arose. In fact, living space in urban areas is very narrow, sometimes
just painting a wall too thick or misplacing materials onto the house just a few
centimeters also cause a dispute. Therefore, in the long run, the application of
construction standards (by law legislative documents) is not stable. As the
original law, the Civil Code needs to specify more clearly the conditions for the
window to the next house, how many window can be placed, the distance...
Also, the specialized law (Construction Law) also needs to supplement detailed
known to the society. According to the experience of developed countries in the
world, the best way for the whole society to know the existence of rights is to
build a complete system of rights registration for any one to approach. In
reality, so far Vietnam only has the Civil Code 2015, the Land Law 2013 that
stipulates the registration of establishment, change or termination of right to
adjacent property according to the order of land change registration. (Point 1,
Clause 4, Article 95 of the 2013 Law on Land). Property shown on a certificate
of land use right is the subject of land use rights, transactions of houses and
assets attached to the land. However, in reality, there are many disputes on this
issue, the main reason being that when transferring the rights, the receiver does
not know the information on the land that has a path for the owner of encased
property. Therefore, after getting transfer the land use rights, disputes were
raised with people who use the land and who owns adjacent property. Besides,
by not showing information on rights of passage on the certificate of land use
right will restrict the rights of land users.
Another problem that may arise is that under the provisions of the 2013
Land Law, the condition for granting a land use right certificate is that the
minimum land area must be sufficient under the provisions of law, except for a
few exceptions (such as Article 29 of Decree No. 43/2014/ND-CP on May 15,
2014, which stated the conditions for land smaller than the minimum areas that
to be granted certificates of land use rights and house ownership residential
land and other properties associated with). So, a question is: how to solve the
case of an immovable property surrounded by other immovable properties that
has an area equal to or smaller than the minimum land area to be granted a land
use right certificate and by creating a passage, there is not enough minimum
land area left? If creating a passage through the enclosed property, it will affect
the right to land use right certificate; while the criteria to open the passage is to
bring the most convenient and the least annoyance. This is a very difficult
problem in densely populated cities; where an ich of land area is considered "an
inch of gold".
been mentioned by the author in section 3.2 above. However, through the
practice of trial and study of the above cases, the author realized that there are
some problems that remain:
Firstly, if the Court accepts the encased property owner to go through
the adjacent encasing property, will they be granted a land use right certificate
for the land used for the passageway?
Secondly, how does the Court force the adjacent encased property owner
to compensate the encasing property owner?
In addition, the effectiveness of civil rights protection is often associated
with the execution of civil judgments, so it is greatly affected by civil judgment
enforcement. This is also a limitation in the protection of the rights of the
holders of rights to adjacent immovable properties. In cases where the
judgment debtors fail to voluntarily execute their judgments, the civil judgment
enforcement agencies must issue decisions to enforce the execution. In many
cases, the judgment debtors often do not cooperate, even intimidate, oppose,
and hindering the judgment execution process. For such cases, many judgment
execution agencies and executives who are directly on duty are often afraid and
do not want to face those people to execute the judgment, lack of determination
in organizing the execution of a legally valid judgment. The indecision of the
judgment enforcement agencies and the executors also makes the execution of
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the judgments prolong for a long time, without a definite term, nor to ensure
the rights of the plaintiff as well as the formality of the law.
CHAPTER 4: ORIENTATION AND SOLUTIONS TO PERFECT THE
LAW ON THE RIGHT TO ADJACENT IMMOVABLE PROPERTY IN
VIETNAM TODAY
4.1. Orientation to improve the law on the right to adjacent
immovable property in Vietnam today
but there are practically no legal documents to regulate. In order for the law to
promote its true role and effects, special attention must be paid and the
enhancement of law enforcement efficiency. Guiding documents need to be
issued synchronously with the effective time of the law, to avoid waiting for
the decree and guiding circulars to be implemented. Renewing the work of law
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dissemination with more investment and focus, avoiding useless information,
focus on the right targets and problems, meeting the needs of the people.
4.1.4. Consistent with the judicial reform strategy
Regarding the civil sector, after nearly 20 years of implementing the
judicial reform strategy, the most successful result was the issue of the Civil
Code 2015, which is the original law of the private law system. From the Civil
Code, Specialized legal documents also have changes and amends to be more
suitable. The provisions on property and ownership are more fully and clearly
recognized. For the first time, the Civil Code has recognized the “Other rights
to immovable property” regime including usufruct right, surface right and right
to adjacent immovable property. In particular, the implementation of the tasks
and objectives of the judicial reform strategy, the system of judicial bodies also
improve the quality of handling and adjudicating various types of cases,
ensuring the Court's judgments are legitimate, bringing justice to society. There
are many cases involving rights to adjacent immovable property that stop at the
first instance trial. It proves that the concerned parties have acknowledged the
legitimacy of the sentence and complied with the judgement without requiring
an appeal…
4.1.5. Ensuring human rights and ownership right
Ownership is the backbone of civil law, the premise of civil law
relations in property and one of the most important basic rights of citizens, so
the law of any nation has regulations to protect ownership rights. Article 32 of
property
4.2.1. Solution to perfect regulations on the establishment and
termination of Rights to adjacent immovable property
- Supplementing specific guidance on the statute of limitations for
enjoying the Rights of adjacent immovable properties.
- Specifying a path necessary for the owner at the top in case of multistorey house.
- Specifying a number of other bases that terminate the Rights to
adjacent immovable properties in Clause 4, Article 256 of the Civil Code 2015
from a practical perspective.
4.2.2. Solution to perfect regulations on common cases of right to
adjacent immovable property
4.2.2.1. Solution to pefect regulations on the rights to adjacent
immovable properties related to the passage
- Specifying what count as inadequate passageway?
- Considering and supplementing the provisions on the right to request
passageway for owners of encased property to ensure production and business
needs.
4.2.2.2. Solution to pefect regulations on the right to irrigation and
drainage in cultivation
- The law needs to anticipate the determination of reasonable water lines
according to certain specific criteria.
- It is necessary to base on technical standards in agriculture and
cultivation to give technical standards to determine the demand for irrigation
and drainage.
- Need to clarify the cost of setting the water line will be borne by
whom.
- It is necessary to set specific criteria to determine whether the
establishment of a water line is permanent or temporary.
4.2.2.3. Solution to pefect regulations on water supply and drainage
through adjacent immovable property
- There should be uniform regulations on the installation of doors to
adjacent properties in the Civil Code and the Construction Law.
- The law on civil liability (compensation for environmental damage) in
the field of environmental protection needs to be clearly and specifically
stipulated, avoiding a circular reference that has not yet been resolved such as
"compensation for damage according to the provisions of law”. At the same time,
there need to be clear regulations to distinguish between responsibilities,
remediation and environmental restoration under administrative law and liability
to compensate for damages according to civil law ...
- The law should have more specific provisions on sanctions for neighbors
when using the Right to adjacent immovable property which causes damage to
adjacent property owners.
- Supplementing subjects with other property-related rights in Clause 1,
Article 177 of the Civil Code 2015
4.2.4. Solution to perfect regulations on the protection of right to
adjacent immovable property
- Specific guidance on registration of the Right to adjacent immovable
property
- Amending regulations on the right of passage to go through
conciliation at the commune-level People's Committee before the Court
processes the case.
- Improve the practical effectiveness of ownership protection measures.
4.2.5. Other solutions
- Consider using which term: "Right to adjacent immovable property" or
"Easement".
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- Specific guidance on compensation levels for right holders
- Supplementing the scope for the Right to adjacent immovable property