The area is forest land that is subject to a dispute. Photo: CTV
According to the case details, in 2000, Mr. LVT's family was allocated 115,000 square meters of forest land by the People's Committee of Nhu Thanh District (formerly), along with all necessary legal documents, including a Certificate of Land Use Rights, cadastral map, and land allocation records. For many years, his family directly managed and cared for the forest, using it stably without any disputes.
However, since around 2020, Mr. LVH (a fellow villager) has arbitrarily cleared, burned, and planted acacia trees on a portion of the land covered by Mr. T's land use certificate. Despite numerous requests to cease the encroachment and attempts at local mediation, these were unsuccessful, forcing Mr. T to file a lawsuit. In his lawsuit, Mr. T requested the court to compel Mr. H to return the total area of 59,870 m2 of forest land that he is illegally occupying and using. The case became complicated when Mr. H argued that the disputed land was reclaimed by his parents since 1997 and therefore refused to return it to Mr. T; he also requested the cancellation of the land use certificate issued to Mr. T.
During the course of the case, the legal aid assistant from Branch No. 4 of the Provincial State Legal Aid Center participated in protecting Mr. T's legal rights and interests. The assistant photocopied and studied the entire case file; worked directly with Mr. T's family and their representative; participated in on-site appraisal and valuation of assets on the land; collected witness statements; and worked with land administration officials, the Department of Natural Resources and Environment, and the judge handling the case. The assistant also directly guided the drafting of legal documents, participated in mediation and debate at the trial with the defendant's lawyer, thereby clarifying the legal grounds to protect Mr. T's legitimate land use rights.
The case was initially brought to trial in 2023. The Provincial People's Court ruled in favor of Mr. T, ordering Mr. H to return 59,870 square meters of land he had encroached upon; simultaneously, it rejected all of Mr. H's counterclaims and annulled all land use right certificates issued to Mr. H because they overlapped with Mr. T's land. Not stopping there, the case continued to the appellate court after the defendant appealed. In May 2026, the Supreme People's Court in Hanoi held an appellate trial and upheld the initial judgment, concluding the plaintiff's nearly five-year legal battle.
Sharing his thoughts after the trial, Mr. LVT said that although he won the case, the prolonged process of pursuing the lawsuit had exhausted him and significantly affected community relations. "The dispute behind our forests had to end with a verdict. If only we could have reached an agreement sooner, it wouldn't have taken so much time and effort," Mr. T said.
In practice, cases related to forest land in some areas are protracted and complex, with many disputes remaining unresolved for years. Branch No. 4 of the Provincial State Legal Aid Center is tasked with providing free legal services to people in mountainous communes of the former Nhu Thanh and Nhu Xuan districts – areas with large areas of forest land and a high potential for disputes. The case of the forest land dispute between Mr. T and Mr. H demonstrates that the role of legal aid extends beyond simply supporting people legally; it also contributes to ensuring justice and maintaining social order, especially in disadvantaged areas. This case also highlights the need to strengthen public awareness campaigns, grassroots mediation, and improve people's legal understanding. Because if the parties recognize the issue early on and choose mediation or agreement, many disputes can be resolved at the grassroots level, avoiding prolonged conflicts, increased costs, and negative social consequences.
Nguyen Thi Huong
(Branch No. 4, Provincial State Legal Aid Center)
Source: https://baothanhhoa.vn/ban-an-phia-sau-nhung-canh-rung-290563.htm
