Encroaching on Land to Build Houses and Resisting Enforcement of Court Decisions
The case of encroaching on and building a house on someone else’s land in Tạ Ngoại 2 village, Vĩnh Hòa commune (Hải Phòng City), which began in 2022, remains unresolved. The incident initially occurred in Tạ Ngoại 2 village, An Hòa commune, Vĩnh Bảo district.
The two-story house (highlighted in red) was confirmed by the court to have encroached on adjacent land in Vĩnh Hòa commune, Hải Phòng City.
On October 23, Mr. Đỗ Văn Chọn, Deputy Director of the Hải Phòng City Civil Judgment Enforcement Department, responded to Tiền Phong newspaper. The case was tried in the first instance by the Vĩnh Bảo District People’s Court on February 8, 2023, and in the appellate instance by the Hải Phòng City People’s Court on September 16, 2023.
The appellate judgment requires Mr. Tô Văn Hoài to demolish structures attached to the land and return the encroached area to Mr. and Mrs. Nguyễn Văn Hóa (Vĩnh Hòa commune). He must also pay over 11.8 million VND in compensation for damages.
According to the Hải Phòng Civil Judgment Enforcement Department, after the judgment took effect, enforcement officers repeatedly served execution decisions to the parties and coordinated with local authorities to resolve the issue.
However, over two years, the judgment has not been enforced, causing frustration and prolonged complaints. Mr. and Mrs. Hóa have repeatedly appealed to Hải Phòng authorities for the judgment’s implementation.
The enforcement department cited challenges, including insufficient space for demolition. The area to be demolished is between two adjacent walls, and partial demolition could cause the entire two-story house to collapse.
Mr. Nguyễn Văn Hóa’s family requested enforcement of the judgment, including partial demolition of Mr. Hoài’s house. However, Mr. Hoài’s family refused to comply and resisted enforcement efforts.
Mr. Nguyễn Văn Hóa’s wall is cracked and at risk of collapse due to encroachment and construction by his neighbor.
“Powerless” Enforcement
The Hải Phòng Civil Judgment Enforcement Department noted that the Vĩnh Bảo District People’s Court issued the first-instance judgment in February 2023. During a January 2024 inter-agency meeting with the Vĩnh Bảo District Court and Procuracy, both agencies agreed the judgment was impractical and suggested revisiting the appellate judgment.
The Enforcement Council met on February 29, 2024, and concluded that partial demolition could cause the house to collapse. They deemed the judgment unenforceable and sought guidance from the Hải Phòng Civil Judgment Enforcement Department.
During a second inter-agency meeting in May 2025, authorities requested guidance to reconsider the appellate judgment under Cassation procedures.
Mr. Nguyễn Văn Hóa has repeatedly appealed to Hải Phòng authorities as the unenforced judgment has affected his family’s life for over two years.
In July 2025, Thắng Lợi Investment Consulting and Construction Company registered to demolish the structure. They committed to partial demolition within 5–7 days, using temporary supports to minimize impact. However, their plan was not approved.
Currently, enforcement officers from Division 7 (responsible for former Vĩnh Bảo district) continue efforts through dialogue and persuasion for voluntary compliance.
As reported by Tiền Phong, in May 2022, Mr. Tô Văn Hoài (Tạ Ngoại 2 village, Vĩnh Hòa commune) began constructing a concrete foundation encroaching on Mr. Nguyễn Văn Hóa’s land.
The encroachment caused Mr. Hóa’s walls and foundation to crack, risking collapse. Despite reports to local authorities (then An Hòa commune, Vĩnh Bảo district), Mr. Hoài completed his two-story house.
In February 2023, the Vĩnh Bảo District People’s Court ruled that Mr. Hoài encroached on 3m² of Mr. Hóa’s land and ordered him to pay 70.8 million VND. Mr. Hoài appealed.
In May 2023, the Hải Phòng City People’s Court upheld the demolition order and increased compensation to 4.8 million VND for damages to Mr. Hóa’s property.
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