Common Land in Vietnamese Family Clans: When Blood Runs Thicker Than Property Rights 🏘️

Etymology: 

"Clan" derives from the Gaelic "clann" meaning "children" or "family." How fitting for our story! 👨‍👩‍👧‍👦

The Case in a Nutshell 🥜

A fascinating legal battle from Vietnam's Hung Yen province showcases a unique aspect of Vietnamese property law - clan-owned land. Let's dive into the Duong Family Clan v. Elder Duong case!

The Plot Thickens 🌱

• The Players:
  • The Duong Family Clan (plaintiffs)
  • Elder Duong (defendant)
  • A 1,472m² plot with a fishy situation 🐟
• The Dispute:
  • Elder Duong converted 270m² of clan pond into residential land
  • Built houses without clan approval
  • Claims entire 1,472m² as personal property

First Instance Judgment ⚖️

The court ruled in favor of the clan:

• Ordered demolition of Elder Duong's buildings
• Required return of all land to clan ownership
• Revoked Elder Duong's land use certificate

Appeal Court's Solomon-like Decision 👑

Modified the ruling:

• Elder Duong keeps 246.9m² residential land
• Must pay clan 1.234 billion VND compensation
• Clan retains ownership of remaining 1,251.5m²

Did You Know? 🤔

• Vietnamese clan-owned land is a unique legal concept preserving ancestral property
• Similar communal ownership exists in some Native American tribes
• Can't be sold without unanimous clan approval

Tips for Clan Land Disputes 💡

1. Document historical ownership
2. Keep records of clan meetings
3. Get written approval for changes
4. Consider mediation before litigation

Quick Quiz! 📝

1. Can clan land be sold individually?
2. What compensation was ordered in this case?
3. How much land did Elder Duong retain?

Natural Law Connection 🌿

Just as ant colonies maintain communal spaces, Vietnamese clans preserve shared ancestral lands for future generations! 🐜

#VietnamLaw #PropertyRights #FamilyLaw #ClanLand #LegalCases

🚨 Disclaimer: This summary is for educational purposes only. For real estate disputes, please consult qualified legal professionals.

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When "I Do" Means "I Don't Really": A Deep Dive into Fraudulent Marriage in Vietnam 🤵👰

Etymology Corner 📚

The term "marriage of convenience" first appeared in the early 1700s, derived from the French "mariage de convenance." Originally referring to marriages arranged for social or financial benefits, it has evolved to describe any marriage entered into for reasons other than love or commitment.

The Case That Shook Ha Tinh 🏛️

In a fascinating legal drama that unfolded in Ha Tinh Province, Vietnam, we witnessed what might be called "The Visa that Wasn't" case. Here's what happened, Ngọc Prinny style:

Meet Our Cast 🎭

• Holly Nguyen (originally Nguyen Thi H): A 34-year-old Vietnamese woman
• Jack Tsai (originally Tsai Te J): A 54-year-old Taiwanese citizen

The Plot Thickens 🎬

Picture this: It's September 14, 2018. Our protagonists are standing before the N District People's Committee in Ha Tinh Province, saying "I do." But here's the twist - they weren't saying "I do" to love, but rather to a carefully orchestrated plan for work visa purposes! 😮

The Legal Tea ☕

Key Points from the Court's Decision:

• 📋 Marriage Registration Date: September 14, 2018
• ❌ Purpose: Obtaining visa for Taiwan entry
• 💼 Legal Basis: Article 5, 2014 Marriage and Family Law
• 💰 Fine: 300,000 VND in court fees

Did You Know? 🤔

• In Vietnam, fraudulent marriage can result in fines up to 20 million VND!
• The US penalties are even steeper - up to 250,000 USD and possible jail time!
• Australia requires a 2-year waiting period before granting permanent residency based on marriage

The Global Picture 🌍

Fraudulent Marriage Penalties Around the World:

🇺🇸 USA: Up to $250,000 + 10 years prison 🇦🇺 Australia: Visa cancellation + deportation 🇻🇳 Vietnam: Up to 20M VND + marriage annulment 🇰🇷 South Korea: Deportation + entry ban

Quiz Time! 📝

1. In Vietnam, fraudulent marriage is: a) Legal b) Illegal but not punished c) Illegal with monetary penalties d) Only illegal for foreigners
2. The Ha Tinh case involved: a) A love marriage gone wrong b) A visa-motivated marriage c) A forced marriage d) An accidental marriage registration

[Answers at the bottom of the post!]

Tips for Legal Marriage in Vietnam 💡

1. Ensure genuine intention to build a family
2. Maintain proper documentation
3. Be aware of legal requirements
4. Consult legal professionals when in doubt

Nature's Take 🌿

Interestingly, even in nature, we see "marriages of convenience"! Some bird species form temporary partnerships purely for nesting season benefits. However, unlike humans, they don't need to worry about legal consequences! 🦅

Call to Action 🗣️

Have you encountered cases of fraudulent marriage in your community? Share your thoughts in the comments below! (Remember to keep it legal and respectful!)

#FraudulentMarriage #VisaMarriage #VietnamLaw #MarriageLaw #Immigration #LegalCases #InternationalMarriage

Quiz Answers: 1(c), 2(b)

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⚖️ Real legal case: the judgment number  16/2019/HNGĐ-ST  , issued on June 17, 2019📜

(Source: congbobanan.gov.vn)

🚨 Fun But Serious: A Brief Legal Disclaimer 🚨

Immigration Alert: Marriage Matters! ⚠️

Dear Marriage Contemplator! 💑

Before saying "I do" for the wrong reasons:

• Think of this article as a marriage certificate - it shows requirements, but you'll need professional guidance for legitimate unions! 📜

• Like every visa has entry conditions, each marriage must meet legal standards for authenticity 🔍

• For your real marital matters, let our legal immigration team at Thay Diep & Associates verify your path! ✅

Remember: Reading about marriage fraud is like studying visa requirements - informative, but it doesn't make you an immigration officer! For your international marriage plans, let our legal compliance team ensure your legitimacy. 🌐

Protecting legitimate unions, Your Legal Immigration Team😉

#LegalInfo #NotLegalAdvice #ConsultAPro

 

When Overseas Vietnamese Buy Property: A Legal Adventure! 🏠

Etymology Corner 📚 

The word "proxy" (as in proxy ownership) comes from the Medieval Latin "procuratio" meaning "to care for." It evolved through Old French "procuracie" to become "proxy" in English. In the 15th century, it specifically meant "authority to act for another." How perfectly this describes our case today, where one person acted as a property proxy for another! Even nature has its own version of proxy relationships - like clownfish protecting sea anemones in exchange for shelter. In Vietnamese law, this concept is reflected in "người được ủy quyền" (authorized person) - a term that would become central to our story... 🎭

The Case in a Nutshell 🥜

Picture this: It's 1991, and we have a fascinating legal drama unfolding in Ninh Thuan Province, Vietnam. Our main characters? Let's call them:

• The Overseas Couple: Mr. Pierre & Mrs. Rose 🇫🇷
• The Trusted Niece: Ms. Trust 🇻🇳
• The Original Owner: Mr. Seller 🏠

The Plot Thickens! 📖

Mr. Pierre and Mrs. Rose wanted to buy a house in Vietnam but faced a tiny problem - they couldn't legally own property as overseas Vietnamese back then! 😅 So they did what many people do: asked their niece (Ms. Trust) to be their "legal face" in Vietnam. They gave her 15 taels of gold 🏆 to buy the house.

Key Events Timeline:

1. August 1991: Ms. Trust gets property ownership certificate
2. September 1991: Power of attorney document signed
3. 1999: Plot twist! Ms. Trust moves into the house 😱
4. 2007: First court battle begins
5. 2023: Final judgment delivered

The Legal Rollercoaster 🎢

First Instance Court Said:

• House belongs to Mr. Pierre & Mrs. Rose ✅
• Ms. Trust must return the property ⚖️
• Original power of attorney? Canceled! 📄

Appeal Court Added:

• Confirmed first instance judgment
• BUT added compensation for Ms. Trust:
  • House maintenance costs: 12,014,000 VND
  • Service compensation: 713,166,450 VND

🤔 Did You Know?

• Before 2015, overseas Vietnamese had limited property rights in Vietnam
• Power of attorney agreements were commonly used as workarounds
• Modern laws now allow overseas Vietnamese to own property directly

💡 Pro Tips:

1. Always document financial transactions
2. Get proper legal advice before property deals
3. Keep all property-related papers safe
4. Consider modern legal alternatives

Quick Quiz! 📝

Can overseas Vietnamese buy property in Vietnam now?

• Answer: Yes! Since July 1, 2015, overseas Vietnamese can buy residential houses and land in Vietnam, according to the Law on Housing 2014 and Law on Real Estate Business 2014.

What was the main issue in this case?

• Answer: The core issue was determining the true ownership of property purchased through a trusted representative (niece) using the overseas Vietnamese couple's money, and the subsequent compensation for the representative's services.

How much compensation did Ms. Trust receive?

• Answer: Total compensation was 725,180,450 VND, consisting of:
  • 12,014,000 VND for house maintenance
  • 713,166,450 VND for service compensation

Call to Action 🗣️

Have you experienced similar property issues? Share your story below! And remember, when in doubt, consult a legal professional!

#VietnamLaw #PropertyRights #OverseasVietnamese #LegalCases #RealEstate

⚖️ Real legal case: the judgment number  380/2023/DS-PT, issued on June 22, 2023📜

(Source: congbobanan.gov.vn)

🚨 Fun But Serious: A Brief Legal Disclaimer 🚨 

Property Trust Advisory: Read Before Delegating! 🏠

Dear Property Trustee! 🔑

Before entering any proxy arrangements:

• Think of this article as a power of attorney - it shows possibilities, but you'll need professional counsel for your actual arrangement! 📄

• Like every property has its deed, each proxy relationship needs its own legal framework 🏢

• For your real estate trust matters, let our legal property team at Thay Diep & Associates structure your arrangement! 🤝

Remember: Reading about proxy ownership is like studying a trust deed - informative, but it doesn't make you a certified property trustee! For your overseas property matters, let our international legal team secure your interests. 🌏

Protecting your international assets, Your Legal Trust Team😉 

#LegalInfo #NotLegalAdvice #ConsultAPro