Fate of Dozens of Homes Built on Others’ Land in Ho Chi Minh City

Recently, the Ho Chi Minh City Police Investigation Agency has issued a decision to prosecute the criminal case of “Fraudulent Appropriation of Property” to investigate the actions of Le Van Hoang and his accomplices.

This case involves the construction of nearly 50 houses on someone else’s land, occurring in Tan Khanh Ward (formerly part of Khanh Long Hamlet, Tan Phuoc Khanh Ward, Tan Uyen City, Binh Duong Province).

Construction on Disputed Land Continues Unabated?

“As a citizen, I’m extremely frustrated because the land belongs to me, yet others have encroached upon it and blatantly built illegally,” said Mr. Truong Minh Ky (born in 1969) from Tan Khanh Ward, Ho Chi Minh City, a victim of land seizure.

According to Mr. Ky, he previously accused Mr. Le Van Hoang (born in 1969) and Ms. Nguyen Thi Ut (born in 1976) of illegally seizing his 6,465 m² plot of land in Tan Khanh Ward, Ho Chi Minh City (formerly part of Tan Phuoc Khanh Ward, Tan Uyen City, Binh Duong Province).

Mr. Ky affirmed that he is the legal owner of the land, as evidenced by a land use rights certificate issued by the People’s Committee of Tan Uyen District (later Tan Uyen City, Binh Duong Province) in 1999. His ownership has been confirmed through various documents, including: Land Use Rights Certificate No. 0452 issued by the People’s Committee of Tan Uyen Town, Binh Duong Province, on September 27, 1999, under Mr. Truong Minh Ky’s name; Administrative First Instance Judgment No. 35/2022/HC-ST dated September 26, 2022, by the Binh Duong Provincial People’s Court; and Administrative Appellate Judgment No. 610/2023/HC-PT dated July 31, 2023, by the High People’s Court in Ho Chi Minh City.

According to Mr. Ky, since 2017, Mr. Hoang and Ms. Ut have seized the land, illegally subdivided it, and sold it to multiple individuals. Despite the Tan Uyen Town People’s Court issuing an emergency temporary measure in December 2019 prohibiting changes to the land’s status, the defendants continued construction unabated.

As of November 2023, the Tan Uyen City People’s Court recorded 48 illegal constructions on the disputed land (including 6 three-story houses, 30 four-story houses, and 2 rows of dormitories), forming an unauthorized residential area on agricultural land, causing public outrage.

Regarding the civil case of “Land Use Rights Dispute,” Mr. Ky stated that during the first-instance trial on July 23, 2024, the Tan Uyen City People’s Court accepted his claim, ordering the defendants to demolish the structures and return the land.

However, Mr. Hoang and 71 related parties (those who purchased houses/land from Mr. Hoang) filed an appeal. During the appellate trial, the Binh Duong Provincial People’s Court Panel decided to overturn the first-instance judgment and return the case for further investigation, citing its complexity.

Notably, the appellate civil judgment No. 622/2024/DS-PT of the Binh Duong Provincial People’s Court (now legally effective) concluded that Mr. Le Van Hoang’s actions showed signs of criminal law violations, specifically the crimes of Fraudulent Appropriation of Property, Violation of Land Use Regulations, and Failure to Comply with Court Decisions (under Articles 174, 228, and 280 of the Penal Code).

Based on this, on February 28, 2025, the Tan Uyen City People’s Court (now the People’s Court of District 17, Ho Chi Minh City) submitted a written request to the Binh Duong Provincial Police Investigation Agency (now the Ho Chi Minh City Police) to initiate a criminal case against Mr. Le Van Hoang and his accomplices.

Homebuyers Face Risk of Losing Everything

According to Mr. Ky, at the time Mr. Hoang seized the land, it was forested, but Mr. Hoang cleared the trees to build houses, disregarding local authorities and the court’s emergency temporary measure prohibiting prefabricated house construction.

Mr. Ky questioned why his family’s land seizure, which occurred over seven years ago, is only now being addressed by authorities. The prolonged case has left him and his family exhausted and constantly anxious. “Not only my family but also neighboring residents are deeply frustrated,” Mr. Ky said.

He also mentioned being assaulted by Mr. Hoang’s associates when attempting to enter his own land.

The 6,000 m² plot has been developed by Mr. Le Van Hoang into 47 houses and a dormitory with over 10 units, all sold to residents for prices ranging from 800 million to 1.7 billion VND. This situation has left many homebuyers in a state of despair.

Mr. Q., who purchased a house in 2020 for 1 billion VND, expressed his anxiety. He had previously discussed the land dispute with Mr. Hoang, who assured him the purchase was legitimate. “We just want a stable life to work peacefully, but now we’re left in limbo,” Mr. Q. sighed.

A representative from the Tan Khanh Ward People’s Committee stated that the illegally constructed houses are still occupied by residents. Demolition will only be considered after the court concludes the case.