Topic 8: Collect a first-instance or appellate judgment concerning a

dispute on charge of land use right which your group considers as

inappropriate.

1. Summarize the collected judgment (maximum 1.5 - page length)

(Hmy)

The Thủ Thiêm New Urban Area project, located in District

2, Ho Chi Minh City, is one of the largest urban development projects in
Vietnam. The project, which began in the late 1990s, involved the
relocation of thousands of households. Over the years, numerous disputes
have arisen regarding the compensation and resettlement of affected
residents, particularly concerning the 5,000 square meters of land. The
central issue of the case revolved around the government's decision to
reclaim 5,000 square meters of land for the Thủ Thiêm project. Many
residents argued that their land was unjustly seized and that the
compensation offered by the authorities was far below the market value.
They claimed that their land was not within the official boundaries of the
project but was still forcibly taken. This led to prolonged legal battles and
public protests, with residents demanding fair compensation and proper
resettlement. The legal proceedings in this case included multiple
lawsuits filed by the affected residents. The initial court rulings, both at
the trial and appellate levels, were often seen as controversial. Residents
argued that the court failed to accurately determine the project's
boundaries and that the compensation did not reflect the actual value of
the land. The lack of transparency and adequate consideration of the
residents' evidence and claims led to widespread dissatisfaction and
continued appeals. The prolonged dispute attracted significant media
attention and led to interventions by higher authorities. In response to
public outcry and persistent complaints, the central government directed
Ho Chi Minh City officials to review the entire project, including land
acquisition practices and compensation policies. Following this review,
adjustments were made to the compensation packages, and some officials
involved in the land reclamation process were disciplined. Despite these
efforts, many residents remained unsatisfied with the outcomes, arguing
that the revised compensation still did not match the land's true value.
The case highlighted significant issues in Vietnam's land management
system, particularly regarding transparency, fairness, and the protection
of citizens' rights in the face of large-scale development projects. The
Thủ Thiêm land dispute case has become emblematic of the broader
challenges associated with urban development in Vietnam, where the
 balance between public interest and private rights is often difficult to
achieve. It also underscored the need for more robust legal frameworks
and better oversight to prevent similar disputes in the future.

2. Point out and analyze the inappropriate content of the judgment

(Linhmoon)

The judgment in the Thủ Thiêm New Urban Area land dispute case has faced
significant criticism for several reasons.

First, there is a failure to determine project boundaries accurately. One of the

central issues in the case was whether the land in question (5,000 square meters) was
actually within the official boundaries of the Thủ Thiêm New Urban Area project.
Many residents argued that their land was outside these boundaries, yet it was still
forcibly seized. The court's failure to clearly and transparently determine the exact
boundaries of the project led to controversy. The judgment did not adequately address
the residents' claims that their land was unjustly included in the acquisition. This lack
of clarity created a perception of unfairness and a lack of due process. A more
appropriate approach would have been for the court to commission an independent
and thorough review of the project's boundaries. If it was determined that the land was
indeed outside the scope of the project, the court should have ruled in favour of the
residents and provided them with adequate remedies.

Secondly, it was insufficient compensation based on market value. Residents

argued that the compensation offered by the authorities was far below the market
value of their land. This led to dissatisfaction and claims of injustice. The court's
judgment upheld the compensation packages offered by the authorities, which were
viewed as inadequate and not reflective of the actual value of the land. This decision
disregarded the residents' evidence of the land's market value and economic potential.
The judgment should have taken independent market assessments into account and
considered expert testimony regarding the true value of the land. A fair compensation
framework would include not just the market value but also additional compensation
for emotional distress, loss of livelihoods, and the costs of relocation.

Thỉdly, there was a lack of transparency of evidence. There were concerns that
the court did not adequately consider the evidence and arguments presented by the
affected residents, including documents, maps, and expert testimonies that supported
their claims. The perceived lack of transparency in the court's decision-making
process suggested that the evidence was either ignored or not given sufficient weight.
This lack of transparency undermines public trust in the judicial process and raises
questions about impartiality. Courts must ensure that all evidence is fairly considered,
and the reasoning behind the judgment is fully explained. Detailed reasoning for why
certain evidence was accepted or rejected should have been provided to demonstrate
impartiality and ensure justice was served.
 Fourthly, legal framework and procedural fairness are inadequate. The case
highlighted flaws in Vietnam's legal framework concerning land acquisition and
compensation. Residents felt that the laws and procedures did not adequately protect
their rights. The judgment did not address or critique the existing legal framework or
suggest improvements to ensure fairness and transparency in future land acquisition
cases. The procedural aspects of the judgment were viewed as biased in favour of the
authorities. A fair judgment would have included recommendations for policy reforms
and procedural changes to prevent similar disputes in the future. Courts can play a role
in identifying gaps in the legal framework and encouraging legislative action to
protect citizens' rights.

Fifthly, accountability must be clear. Some government officials involved in

the land reclamation process were found to have acted improperly or abused their
authority. However, there was limited accountability for these actions. The judgment
did not adequately address the role of these officials or hold them accountable for any
potential misconduct. This omission further eroded public confidence in the legal
process. Holding officials accountable for their actions is crucial for ensuring a fair
legal process. The judgment should have called for further investigations into potential
abuses of power and imposed appropriate sanctions where necessary.

Sixthly, adequate remedies and resettlement options were not fulfilled.

Residents also contested that the resettlement options offered were inadequate and did
not match their previous living conditions or economic potential. The judgment did
not ensure that resettlement was carried out in a manner that respected the residents'
rights and maintained their quality of life. Many were relocated to areas far from their
original homes, affecting their livelihoods and social networks. The judgment should
have mandated fair resettlement options that adequately compensated for the loss of
property and livelihoods, ensuring that residents were given opportunities to rebuild
their lives in comparable conditions.

To conclude, the judgment in the Thủ Thiêm land dispute case demonstrated
several inappropriate aspects: (i) a lack of transparency, (ii) insufficient consideration
of evidence, (iii) inadequate compensation, and (iv) failure to hold government
officials accountable. Therefore, enhancing fairness and protecting citizens' rights in
large-scale development projects is necessary. The case serves as a reminder of the
challenges associated with balancing public interest and private rights in urban
development contexts.

3. Introduce and explain the group's opinion on the appropriate solution

for the case. (Ngọc Linh + Tlinh)

The court examined legal and practical aspects, including

land boundary determination and zoning authority, to ensure residents'
rights. During the dispute resolution, trial and appellate decisions were
made, but some were unsatisfactory, leading to widespread disagreement
among the residents. To resolve this dispute and prevent similar conflicts
in the future, a comprehensive approach that addresses the core issues is
essential. Our group proposes legal solutions that align with Vietnam's
legal framework, ensuring justice and fairness for the affected residents
and setting a precedent for future cases.

Firstly, accurate determination of project boundaries is an essential

solution for solving the case.
One of the core issues in the Thủ Thiêm land dispute is whether the
land in question was legitimately within the project's boundaries.
Residents have argued that their land was outside the official boundaries
and was unjustly seized. According to the Law on Land 2013, the state
has the authority to reclaim land for public purposes, but this must be
done within clearly defined boundaries. Article 67 of the Law on Land
mandates that land acquisition decisions must clearly state the purpose
and boundaries of the land to be reclaimed.

To address this issue, the People's Committee of Ho Chi

Minh City should initiate an independent and transparent review of the
Thủ Thiêm project boundaries. This review should be conducted by a
neutral third party, such as an international urban planning firm or a
reputable domestic institution with no ties to the project. If it is
determined that the 5,000 square meters of land were wrongfully included
in the project area, the land should be returned to its rightful owners, or
they should receive full compensation in accordance with the law.

Secondly, fair compensation based on market value is a key

solution for the residents to feel satisfied for the case to be solved.
A significant point of contention in the Thủ Thiêm dispute is the
compensation offered to the displaced residents, which they argue is far
below the market value. The Law on Land 2013, specifically Article 74,
stipulates that compensation for reclaimed land must be based on the
market value at the time of the land acquisition decision. Decree
44/2014/ND-CP provides guidelines for determining land prices, ensuring
that they reflect the actual market value.
To ensure fairness, the People's Committee should reassess the
compensation provided to residents, using current market values as
mandated by law. This reassessment should involve independent
appraisers to guarantee that the compensation reflects the true value of
the land. Moreover, compensation should cover not only the market value
of the land but also additional payments for any losses incurred due to
relocation, as stipulated in Article 88 of the Law on Land. By ensuring
that residents are fairly compensated, the authorities can address one of
the primary grievances in this dispute.

Thirdly, addressing procedural fairness and legal reforms.

The Thủ Thiêm case has highlighted significant flaws in Vietnam's
legal framework for land acquisition and compensation, particularly in
protecting citizens' rights. The Law on Land 2013 emphasizes that land
acquisition must respect the rights of affected parties, as outlined in
Articles 87 and 88, which provide guidelines for fair and transparent
procedures.

To address these concerns, the government should review

and, if necessary, amend existing laws and procedures to ensure they
better protect citizens' rights. This could involve revising guidelines for
determining land prices, enhancing the consultation process with affected
residents, and ensuring that compensation mechanisms are more
responsive to the actual needs and circumstances of displaced people. By
undertaking these reforms, the government can prevent similar disputes in
the future and create a more just and equitable legal framework for land
acquisition.

Fourthly, improved resettlement options.

Residents affected by the Thủ Thiêm project have raised concerns
about the adequacy of the resettlement options provided, arguing that
they do not match their previous living conditions or economic potential.
The Law on Land 2013 and Decree 47/2014/ND-CP on compensation,
support, and resettlement require that resettlement arrangements provide
affected residents with living conditions that are equal to or better than
their previous circumstances.
To address these concerns, the People's Committee should ensure
that resettlement options offered to residents comply with legal
requirements, providing them with housing and living conditions that are
equal to or better than what they had before. If necessary, the government
should offer additional financial support and assistance programs to help
 residents rebuild their lives and maintain their livelihoods in the new
locations. By offering improved resettlement options, the authorities can
help affected residents transition more smoothly and address one of the
key grievances in this dispute.

Fifthly, continuous mediation and community engagement.

To prevent the recurrence of similar disputes in the future, a
continuous mediation platform should be established where residents,
government officials, and developers can discuss ongoing concerns and
work towards mutually acceptable solutions. The Law on Mediation at
the Grassroots Level 2013 promotes the resolution of disputes through
mediation and community engagement. This platform, facilitated by
neutral mediators, should remain open even after initial resolutions are
reached, ensuring that any new issues are addressed quickly and
collaboratively. Continuous dialogue will help build trust among all
parties and contribute to the long-term success of large-scale
development projects.

Vụ án liên quan đến khu đất 5.000 m² tại Thủ Thiêm (TP. HCM)
Quyết định của Tòa án sơ thẩm và phúc thẩm:

4. Based on the aforementioned analysis, render some recommendations

to improve the relevant laws. (Đàm + Lâm)

- The current land policy system, despite having been thoroughly researched,
adjusted, and achieving certain accomplishments, remains fragmented,
inconsistent, unstable, and has yet to fully resolve the deep-rooted issues
in land management and usage left by historical legacies. As a result,
prolonged grievances, mass complaints, and escalated petitions are still
common and widespread. Therefore, it is necessary to focus on investing
in research and revising the land policy and legal system to ensure
scientific, consistent, and practical solutions that fundamentally address
land-related issues.

- Regarding land valuation, the State should establish a professional land

valuation agency and offer training courses to enhance the skills of those
involved in land valuation, aiming for a standardized, modern approach.
These agencies need to continuously update land prices (on a quarterly
 basis) to protect the rights of landowners and prevent the State from
losing tax revenue.

- Resettlement policy: There should be additional provisions to support

people in cases where the total compensation and support funds are
insufficient to meet financial obligations when relocating to a
resettlement area.

- Strengthening the management apparatus:This is a top priority that

decisively affects the effectiveness of compensation and site clearance
work. The management system must ensure centralized and unified
principles, with clear assignment and delegation of responsibilities,
specifically defining the powers and duties of various levels and sectors
to avoid overlapping functions and tasks. Additionally, there must be
close and continuous coordination between all levels and sectors in
carrying out compensation and site clearance work.

- Improving personnel work: Emphasize the importance of training and

developing the capacity, professional qualifications, responsibility, and
ethical standards of public officials responsible for compensation,
support, and resettlement policies. Establish appropriate reward systems
to encourage and motivate a sense of responsibility among staff. At the
same time, there must be strict regulations to deal with cases where
public officials abuse their power, exploit policy and legal loopholes for
personal gain, or where their lack of awareness and responsibility causes
losses to the State and people in the process of compensation and site
clearance.

- Applying scientific and technological advances:Prioritize adopting

technological achievements, particularly in geographic information
technology, to monitor and update documents on land changes. This
would help detect violations, clearly define the boundaries of planned
areas, making it easier for relevant agencies to control and protect the
rights of the people.

- Given the complexity of site clearance, compensation, support, and

resettlement work, the State must enforce strict penalties against acts of
exploiting policies for profiteering from citizens' compensation, and
 against public officials who abuse their positions and authority to
embezzle compensation funds, thereby negatively affecting the public.

Content deadline: 31/8/2024

Synthesize information and adjust assignment format + Viết mở kết: (1

person) - Deadline: 1/9/2024

Write scripts for presentations: (Lâm). Deadline: 8/9/2024

Assignment submission date: 4/9/2024

Powerpoint: Đàm. Deadline: 9/9/2024

Presentation date: 11/9/2024

*Note: The assignment must be at maximum 12-page length (line

spacing 1.3, font size 14, no space between paragraphs) excluding
appendices (if any).