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VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES

NGUYEN THI HUONG

THE RIGHT TO ADJACENT IMMOVABLE
PROPERTY UNDER VIETNAM’S CURRENT LAW

Major : Economic Law
Major Code: 9 38 01 07

ABSTRACT SUMMARY THESIS

HANOI – 2019


The thesis was completed at: Graduate Academy of Social Sciences,
Vietnam Academy of Social Sciences

Science Instructor: Assoc. Prof. Dr. Ha Thi Mai Hien

Reviewer 1: Prof. Dr. nguyen thi mo
Reviewer 2: Assoc. Prof. Dr. Vu Thi Lan Anh
Reviewer 3: Dr. Dang Vu Huan

The doctoral thesis defense will take place before the
Academy-level thesis council in the Graduate Academy of Social
Sciences, Vietnam Academy of Social Sciences, no. 477 Nguyen
Trai, Thanh Xuan, Hanoi.
On………………., day….…month……year 20

The thesis is available at:
- The library of the Graduate Academy of Social Sciences
- National Library of Vietnam


INTRODUCTION
1. Rationale
Along with the introduction of many new legal documents recently related
to immovable property such as Land Law, Housing Law, Construction Law... The
concepts of establisment and ownership of immovable property, the rights of the
owner to the immovable property and especially the rights to adjacent immovable
property have undergone major changes. Accordingly, previous scientific
perspectives and research results are no longer relevant or lacking broader trends in
recognizing the rights to adjacent immovable property in accordance with the
current provisions of law. In particular, the study of adjacent immovable property
rights is placed in the relationship between the issues of general principles in the
Civil Code with specific regulations, adjusted for each specific type of immovable
property in specific laws such as Land Law, Housing Law, Construction Law... To
find the most general, most appropriate and accurate principles of the rights to
adjacent immovable property is not an easy task, especially in the context of the
above-mentioned specialized laws on establishing ownership rights for each type of
immovable property is extremely different, existing in various different forms and
the ownership and usage of immovable property vary widely, intertwining with
multiple entities possession and use of property ... These are barriers to recognize
the establishment of rights for adjacent immovable property. For this situation,
previous published scientific studies related to the right to adjacent immovable
property were modest and narrow, unable to identify all related issues and their
impacts, affecting the establishment of immovable property rights in a
comprehensive, complete and thorough manner Therefore, a doctoral study on
“Right to adjacent immovable property under Vietnam’s current law” is

necessary and objectively indispensable in both theoretical and legal aspects and
the enforcement of the rights to adjacent immovable property.
2. Research purpose
The purpose of the thesis research is to clarify the theoretical and practical
issues of rights to adjacent immovable property. From there, propose orientations
and solutions to the law on the rights to adjacent immovable property in Vietnam
today.
3. Objective and scope of the study
Research objective: the system of perspectives, guidelines and policies of
the Party and the State; legal provisions on the Rights to adjacent immovable
property in Vietnam and other countries in the world; cases of actual settlement of
the Rights to adjacent immovable property; reports and summaries of law
enforcement situation related to the Rights to adjacent immovable property in
Vietnam.
Scope of research: As a doctoral thesis in law, the thesis studies on the
Rights to adjacent immovable property from the perspective of legal science. The
dissertation delves into four groups of the most basic legal provisions related to the
Rights to adjacent immovable property in the relationship between civil law and
other specialized legal documents such as: Land Law, Construction Law, Housing
Law... These are: The group of legal provisions on the basis for establishing and
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terminating the Right to adjacent immovable property; group of provisions on the
common cases of the Rights adjacent immovable property; the group of laws that
regulates the rights to adjacent immovable property and the group of laws to protect
the rights to adjacent immovable property.
Dimension of the research: The thesis only focuses on research in Vietnam.
Also, in order to compare the legal basis and practice of enforcing the law on the
Rights to adjacent immovable property in Vietnam, the thesis will explore the

provisions of international law and previous legal documents of Vietnam related to
the regulation of adjacent immovable property rights for historical evaluation and
comparison.
4. Methodology and research methods
The thesis is researched based on the methodology of Marxism-Leninism,
the dialectical materialism of the relationship between phenomena and things,
between people and society; and the Party and State view on building a free,
democratic, equitable society and ensuring human rights. Besides, the thesis has
mainly used the following basic scientific research methods:
- Synthesis method: The synthesis method is mainly used in the thesis from
chapter 2 to chapter 4. Through various documents gathered, synthesized different ideas
to solve theoretical problems to identify the nature of the Rights to adjacent immovable
property and provide the legal structure of Rights to adjacent immovable property.
Chapter 3 of the thesis uses synthesis method to provide a comprehensive, multidimensional picture of the current status of the law on the rights to adjacent immovable
property in Vietnam today.
- Analytical method: This method is used to analyze, explain and
systematize specific provisions of the studied legal systems. The purpose of using
this method is to provide a comprehensive, complete view of the regulations
relating to the Rights to adjacent immovable property.
- Comparative method: This method is used to determine the similarities and
differences of provisions in the legal systems studied in relation to the regime of
rights to adjacent immovable property between Vietnamese law and national law
and between Vietnamese law regulations. Thereby, the thesis points out the
similarities and differences of Vietnam and the international as a basis for the
solutions to overcome the current inadequacies of the Right to adjacentg
immovable property.
- Aanalyzing practical situation: A number of practical situations and cases
related to the Rights to adjacent immovable property will be selected for analysis.
The analysis of situations is to understand and evaluate the application of relevant
regulations in practice, find out the inadequacies, unreasonables in the provisions of

law. At the same time, the use of case studies will complement the arguments,
interpretations, and recommendations that the research makes.
- Interpreting and inductive method: This method is mainly used in chapter
4 of the thesis to give directions and complete solutions to the law on the Rights to
adjacent immovable property in our country today.
- Historical dialectic method: This method is used to study and synthesize
the thesis's problems that have been mentioned, studied, formed in history so far.

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5. New scientific contributions of the thesis
In addition to inheriting a number of issues related to the thesis of
previously published scientific works, the thesis has made new contributions on the
following contents:
- Firstly, about the approach: The thesis approaches the Right to adjacent
immovable property not only from the perspective of civil law, but also researches
in the provisions of economic laws. Legislation on the Rights to adjacent
immovable property will be comprehensively considered in accordance with the
provisions of the Civil Code, the Land Law, the Construction Law... This issue has
been researched and evaluated by the author in most chapters of the thesis and
especially in chapter 3 of the thesis.
- Secondly, the thesis is an in-depth study of theoretical issues related to the
law on the Rights to adjacent immovable property, the thesis has analyzed and
clarified the concept of adjacent immovable property; the concept of the Rights to
adjacent immovable property; legal concept of Rights to adjacent immovable
property; regulatory principles of the Right to adjacent immovable property; The
basic content as well as the form of the law on the rights to adjacent immovable
property.
- Thirdly, the thesis is an elaborate study of the current situation of the law

on the Rights to adjacent immovable property in Vietnam. In particular, the thesis
has discovered and pointed out: shoricomings, limitations of civil law, Construction
Law, Land Law... and related documents, and at the same time pointed out the
shortcomings, inadequacies in the process of applying laws to resolve disputes over
the Rights of adjacent immovable property in practice today.
- Fourthly, the thesis is a systematic study of specific orientations and
solutions to perfect the law on the Rights to adjacent immovable property in
Vietnam today.
6. Theoretical and practical implications of the thesis
- Theoretically, the thesis offers a multi-dimensional and comprehensive
view of the Right to adjacent immovable property; establishing the basic theoretical
framework for the Rights to adjacent immovable property and the law on the Rights
to adjacent immovable property; provide basic scientific justifications for the study
and perfection of the law on the Rights to adjacent immovable property.
- In practice, the thesis is a reference for researchers and lecturers in civil
law, economic law as well as legal agencies to resolve disputes related to Rights to
adjacent immovable property.
7. Content of the thesis
In addition to the introduction, conclusion and list of references, the thesis is
divided into 4 chapters:
- Chapter 1: Overview of the research status
- Chapter 2: Theoretical issues related to the law on the Right to adjacent
immovable property
- Chapter 3: Current status of the law on the Right to adjacent immovable
property in Vietnam
- Chapter 4: Orientation and solutions to perfect the law on the Rights to
adjacent immovable property in Vietnam today
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CHAPTER 1: OVERVIEW OF THE RESEARCH STATUS
1.1. Research status of the thesis topic
By reviewing the outstanding works related to the research topic, we can see the
achieved results of the research activities, specifically as follows:
Firstly, most of the studies stated that: The right to adjacent immovable property
is the right to be exercised on an immovable property for the exploitation of another
immovable property owned by others. Therefore, the provisions on the Right to
adjacent immovable property are important in scientific research as well as from a
practical perspective.
Secondly, the scientific works have agreed in affirming the importance of the
Right to adjacent immovable property and have considered this right to be a derivative
from the ownership right, and the basic feature of the Right to adjacent immovable
property is its immovable property and it is a kind of indivisible right even though the
property can be divided into several sections.
Thirdly, most published works have said that in practice, the law on the rights to
adjacent immovable property in our country is still inadequate, limited and does not
meet the requirements of international integration and judicial reform. At the same time,
it does not meet the necessary needs in the usage of adjoining immovable property of
the owner of the immovable property, so as to best ensure the exploitation of
immovable property under the ownership that requires the use of adjacent property.
Fourthly, most of the studies stated that the current solution to perfect the
current legal provisions on the Rights to adjacent immovable property in Vietnam
is: to reconsider the usage of the term "Rights to adjacent immovable property”, to
supplement and perfect the provisions on the scope of the Rights to adjacent
immovable property; principles to determine compensation and compensation
levels for the damage occurred; to provide specific guidance on Registration of
Rights of adjacent immovable property; to supplement the legal provisions on the
right of passage, water supply and drainage, irrigation and drainage, entanglement
of power transmission, communication lines…
1.2. Issues that have not been thoroughly resolved

Firstly, about the use of the term “easement” or "Right to adjacent
immovable property". For example: There are studies that agree with the use of the
term "rights to adjacent immovable property" in accordance with the law of
Vietnam, but there are studies that argue that we should use the term "easement"
instead of "Rights to adjacent immovable property". Or there is an opinion that
stated: The Civil Code 2005, Land Law 2013 used the term "the right to restricted
use of adjacent immovable property" while Civil Code 2015 unreasonably changed
it to the term "Rights to adjacent immovable property”,…
Secondly, the nature of easement (or the Right to adjacent immovable
property). Although most studies have affirmed that the Right to adjacent
immovable property is the right to be exercised on an immovable property in order
to exploit another immovable property owned by others. The nature of this right
has a number of opposing views. For example, there is a study that states that
easement is the relationship between two immovable properties and that it exists
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regardless of the change of the property owner, and some researches suggest that
the easement is a relationship between immovable property owners but not the
relationship between immovable property...
Thirdly, the reality of the application of the law on the Rights to adjacent real
estate in Vietnam still has many assessments that are not really consistent, the
assessments are also on different angles depending on the approach of each author.
For example, there are studies saying that the current legal system of immovable
property in Vietnam is "overwhelming". This has created a "messy" reality, with
many duplicate and conflict documents. There are studies that state: The legal system
of immovable property in Vietnam is not specific, general... so when a dispute arises,
there are a lot of “debate” on the application of regulations to deal with such
disputes…
Fourthly, the research also proposes various solutions to perfect the regulations

on right to adjacent immovable property in Vietnam. For example: there are suggestions
that: It is necessary to regulate the passage way to not only meet the needs of living
conditions but also meet the needs of production and business. Others propse that:
Easement is applied according to the principle of ensuring the reasonable demand of the
exploitation of immovable property to enjoy the easement in accordance with the
purpose of using of immovable property, so setting the principles to be "suitable for the
usage of immovable property " may be too much. The essence here is the annoyance of
the owners by the usage of easement, being the exception of the principle of owner
protection, so just by meeting the minimum needs of the owners who enjoy the
epidemic is acceptable…
1.3. Issues that require further study in the thesis
Firstly, most of the research works focused on discussing the issues
surrounding the Right to adjacent immovable property such as: Concept,
characteristics, established grounds, grounds for termination of rights to any
adjacent immovable property in pure civil law perspective but there is no
comprehensive research on the law on the rights to adjacent immovable property;
the content, form as well as the principles governing the law on the rights to
adjacent immovable property on the basis of civil law and other relevant laws such
as the Construction Law, the Housing Law, the Land Law...
Secondly, the studies have only approached a few limitations of the Rights
of adjacent immovable property without comprehensive research and assessing the
current status of the limitation of Rights to adjacent immovable property, especially
the limitations related to construction, environmental protection...
Thirdly, the issue of the protection of property rights in general and the
Rights to adjacent immovable property in particular are very important in real
estate transactions. However, the research works have focused on the protection of
rights relations but no research has mentioned directly about protecting the Rights
of adjacent immovable property as well as assessing the practice of legal provisions
on this group.
Fourthly, there are many works proposing solutions to perfect the

regulations on the Right to adjacent immovable property in Vietnam but only to
raise legal issues without considering, explaining in a comprehensive way of

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orientations as well as complete solutions to the law on the Rights to adjacent
immovable property based on the real life requirements in our country today.
CHAPTER 2: THEORETICAL ISSUES RELATED TO THE LAW ON THE
RIGHT TO ADJACENT IMMOVABLE PROPERTY
2.1. Definition, characteristic of the right to adjacent immovable
property
2.1.1. Definition of adjacent immovable property
Through studies of adjacent immovable property, the concept of adjacent
immovable property can be interpreted as follow: Adjacent immovable properties
are immovable properties that adjoined, the adjoining is the adjacent and the
location of the properties are determined by their contiguity.
2.1.2. Definition of the right to adjacent immovable property
From the analysis and assessment of the Right to adjacent immovable
property, the concept of Right to adjacent immovable property can be interpreted as
follows: Right to adjacent immovable property is the right of owner of immovable
property, within the conditions prescribed by law, to use other people's immovable
property within the defined scope to satisfy the rational exploitation and usage of
their own immovable property.
2.1.3. Characteristics of the right to adjacent immovable property
First, the right to adjacent immovable property is the right to property (a
property right) of another person.
Second, the Right to adjacent immovable property is mainly established
between adjoining or very close immovable property.
Thirdly, the Right to adjacent immovable property are general and

indivisible, even though the property may be subdivided into several parts.
Fourth, the Right to adjacent immovable property is always attached to the
property and it can only be established on the property due to its immovable nature.
Fifth, the Right to adjacent immovable property create passive obligations
for the owner of the property.
Sixth, the right to adjacent immovable property is the relationship between
the properties, not the property owners.
2.2. Law on right to adjacent immovable property
2.2.1. Definition of law on right to adjacent immovable property
The law on the right to adjacent immovable property is a combination of
legal provisions governing social relations arising during the reasonably usage of
the owner’s property to exploit, use an adjacent immovable property owned by
another entity.
2.2.2. Principles govern the law on the right to adjacent immovable property
2.2.2.1. Principle of freedom, voluntary commitment, agreement
This principle clearly and vividly expresses the nature of civil law in general
and the law on the Right to adjacent immovable property in particular, which is
freedom of disposition. Like the typical nature of other civil relations, the exercise
of rights among civil entities will be agreed upon by both parties on a voluntary,
non-illegal and social ethical basis.
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2.2.2.2. Fixed priciple
According to this principle, the beneficial owner of the immovable property
is only allowed to enjoy the Right to adjacent immovable property within the limits
of legitimate needs and especially within the limits of his / her right to benefit from
the easement. The right to adjacent immovable property operates in order to ensure
the reasonable demand of the exploitation of the immovable property in accordance
with the intended use of both the immovable property and the immovable property

affected by the right, the law also prohibit abuse of rights to immovable property
subject to the easement. In addition, the fixed principle does not allow owners to
change the status quo of the immovable property under easement in order to make
it difficult to the enjoyment of the easement of other people especially the right to
use and disposition, provided that the rights of the owner of the immovable
property are respected.
2.2.2.3. Principle of absolute
The right to adjacent immovable property is considered to be an absolute
right. Effective for all and respected by all. The rights to adjacent immovable
property are absolutely protected and not infringed upon by any entity. This
principle is intended to counteract or the disturbance cause by other entity to things.
2.2.2.4. Principle of publicity
The principle of publicity aims to recognize the rights of the owner of the
Right to adjacent immovable property, also to avoid risks to third parties.
Disclosure of the Right to adjacent immovable property is also an essential
principle for the purpose of security in transactions.
2.2.3. Content of the law on right to adjacent immovable property
The content of law on adjacent real immovable property includes the
following groups of basic legal provisions:
2.2.3.1. Legal provisions on the basis of establishment and termination of
Rights to adjacentg immovable property
- Basis of establishment of right to adjacent immovable property
Firstly, the right to adjacent immovable property is established by
agreement
Secondly, the right to adjacent immovable property is established due to
its natural terrain
Thirdly, the right to adjacent immovable property is established according
to the provisions of law
Fourthly, the right to adjacent immovable property is established by will
- Basis of termination of right to adjacent immovable property

Firstly, the right to adjacent immovable property terminates when both the
owned property and the property targeted by the right are under the ownership of
one person.
Secondly, the right to adjacent immovable property terminates when the use
and exploitation of that propery no longer gives rise to the demand for the
enjoyment of right.
Thirdly, the right to adjacent immovable property terminates upon the
agreement of the parties

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Fourthly, the right to adjacent immovable property terminates in other cases
as prescribed by law
2.2.3.2. Legal provisions on common cases of Right to adjacent immovable
properties
- The right of passage
Property owners cannot confine themselves within the boundaries of the
property for the rest of their lives. As a high-class living entity with material and
spiritual needs, as well as a member of an organized community with complex and
diverse social relationships, the owner must regularly traverse in and out of the
property to set up transactions. Therefore, all immovable property must be
connected with the community and in case that the property is not directly
accessible to public roads, public equipment, the passage shall be guaranteed by the
righs of the owner of the encircled immovable property to have access to other
adjacent immovable property. A person who is required to provide a passage for
the owner of the encircled property will be paid a compensation, unless otherwise
agreed.
- Right to water supply and drainage
Due to the natural location, a property may not be directly adjacent to the

source of natural water or tap water, the owner of the property may apply the
limited use of adjacent immovable property to request the owners of other adjacent
immovable properties for the use of their owned real estate to build a plumbing
system. Placement of pipes is agreed by the parties.
- Right to watering and drainage in cultivation
Agricultural production plays an important role in our country's economy.
Growing rice or cultivating other plants has existed for a long time. Therefore,
among the rights to adjacent immovable property, the right to watering and
drainage in cultivation is the earliest form of right, together with the right of
passage. This is a form of right which was prescribed in ancient Roman law, when
agriculture play an important role in social production. In cases where water can be
obtained from the natural stream approaching the property, the property owner may
use the irrigation water flow according to his or her needs. In case irrigation water
cannot be obtained from the natural flow, immovable property that needs irrigation
water may be entitled to easement of watering as prescribed by law or from an
agreement.
- The right to transmission, communication lines via other immovable property
This right derived from the practices and requirements of wiring and
communications lines. Because these lines must come from the electricity supply,
communication sources, the connection must be forced through various owner’s
properties, not just through adjacent properties. If the owners of these lines cause
damage to the adjacent immovable property owners during the line connection, due
to the lines falling, collapsing,.. the owners of the electricity and information
transmission lines must pay compensation based on the degree of fault and the
extent of damage caused by them.
2.2.3.3. Legal provisions on the limitation of right to adjacent property
- Obligation to protect the environment

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While exercising property rights in general and the Right to adjacent
immovable property in particular, the subject causes damage to the environment,
which is a violation to the common interests and public interests - this is a principle
that has been thoroughly observed by lawmakers. Environmental protection
measures that can be applied are: Owners of rights to adjacent immovable property
polluting the environment must stop their polluting acts, take measures to
overcome consequences and compensate for the damage even if these entities are
not at fault in causing damage…
- In the case of emergency circumstance
An emergency circumstance is a situation when person who wishes to avoid a
real threat that directly threatens his or her public interests, rights or interests; but has no
other way than to inflict a lesser damage to prevent this threat. In an emergency
circumstance, the holder of the Right to adjacent immovable property must not prevent
others from using their property or prevent others from causing damage to such
property to prevent or reduce hazards or greater damage that is likely to occur.
- Obligation to ensure public order and safety; respect the construction
rules
When constructing, the owner or other right holder of the property must
follow the law on construction, ensure safety, and not exceed the height and
distance prescribed by the construction law. and not infringe upon the lawful rights
and interests of the owner of the adjacent immovable property. When digging a
well, a pond or constructing underground structures, the owner of the construction
must dig or build within a distance from the boundary prescribed by the
construction law; or when constructing hygienic structures, chemical depots or
other constructions which is likely to cause environmental pollution, the owners of
such properties must build within a distance from the boundary and in a reasonable
position, must ensure hygiene, safety and do not affect other property owners. In
case of causing damage to adjacent and nearby property owners, compensation
must be paid.

- Obligation to set air vent, light gap, visibility
Vents are gaps in the wall to allow the interior of the structure to be
ventilated, while the light gap is a space in the wall for natural light to enter the
building without the ventilation effect. Light gap is a unique technique of
architecture in cold countries, which helps the interior of the structure to both
receive natural light from the outside, and at the same time resist the intrusion of
the cold from outside. The current law of Vietnam has mentioned the ventilation
holes in Clause 3, Article 176 but there is no regulation on light gap yet.
Visibility is a concept in real estate law, built to formulate the rules
regarding the rights of an owner of an immovable property to be seen externally.
Common visual devices in Vietnam include: Windows and balconies. The
doors/windows are to create a path between the inside and outside of the house,
helping the space inside the house to be airy, while allowing homeowners to
interact with the outside space. In principle, the placement of doors/windows is at
will. The owner has the right to decide the position, distance from the ground,
width, height, style... of the doors/windows.

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2.2.3.4. Legal provision on the protection of the right to adjacent immovable
property
- Registration of right to adjacent property
The right to adjacent immovable property is the right of an entity over the
property of another, ie at the same time there are two entities having the same
rights to the property. Meanwhile, the property is usually in the possession of
legally bound to a single owner. Therefore, to create trust for the third party that
he/she also has the rights to the property of others is a necessary job. This will be a
legal basis to ensure the effective of recognition and protection of the Right to
adjacent immovable property, and it is also a guarantee tool for the performance of

transactions related to the Rights to adjacent immovable property. Moreover, it is
important to disclose the Right to adjacent immovable property as it helps resolve
civil disputes in many cases of real estate trading without any pathway or dispute
regarding the passage.
- Self protection
Self-protection measures are very popular measures in life. The main reason
is that the traditional our people is "peaceful resolve is the best", "court is the
unfortunate last measure". People are very afraid to get involved in litigation. Only
in the reluctant circumstances, with no other way to solve the dispute, then they
will direct their conflict to court. Self-protection is the way that every right holder
can apply to protect his rights in the most appropriate and effective way.
- Request protection from court or other competent state agencies
+ Appeal to reclaim property
This measure of appeal is commonly known as the real right appeal (reclaim
property). On the basis of these regulations, the holder of the Right to adjacent
immovable property has the right to reclaim property (for example, the request
claim passage, reclaim drainage ...).
+ Appeal to terminate illegal obstruction to the exercise of the right to
adjacent immovable property
When exercising ownership or other property rights, the holder of the right
can request the person who has committed acts of illegal obstruction to terminate
such act or request a competent court or state agency to order that person to stop
the infringement.
+ Appeal to claim compensation
Appeal to claim compensation is one of the most common and frequent
methods to protect the rights of the owner of the property, in certain cases when
this method cannot be applied, or it may be reclaimed but the value of the property
has decreased, the property is damaged, it is necessary to be repaired in order to
be able to exploit its usable value or in case a request of termination of the
violation has been made but the infringement has caused damage ... the right

holder may appeal for compensation of any losses they have suffered.
+ Request protection from other competent state agencies
Firstly, exercise the right to request the competent state agency to protect
the Rights of adjacent immovable property independently or before the application
of civil lawsuits. This activity may be chosen by the parties as soon as any violation
is noticed and aim to be effective in a short period of time, as in cases involving
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rights to the passageway, the parties may request the local People's Committee to
settle within the jurisdiction permitted by the law ... or request the competent
authority to impose administrative sanctions on illegal acts such as: building
encroachment on adjacent land,. or improper discharge of wastewater polluting
the environment ...
Secondly, exercise the right to request the competent state authority to
protect the Right to adjacent immovable property as a supporting role after the
implementation of civil lawsuits. This require the agency of judgment execution to
intervene in case the Court has made a final judgement but the infringer still
blatantly obstructs the law, and does not make compensation ...
In addition to the above measures to protect the rights to adjacent
immovable properties, Vietnamese law also provides other measures to protect the
ownership in general and the rights to adjacent properties in particular, such as:
Administrative measures, penal measures. However, compared with these
protection methods, civil appeal seems to be more realistic; can be applied more
widely than other measures and create very favorable and easy conditions for
every violated entity to actively implement this method.
2.2.4. Form of legislation on the Rights to adjacent immovable property
2.2.4.1. Provisions on the Rights to adjacent immovable property in legal
documents
This is the main, basic and most important form of civil law in general and the

law on property rights in particular, because the state agencies in Vietnam when dealing
with actual legislation cases under their jurisdiction relies heavily on legal documents.
2.2.4.2. Provisions on the Rights to adjacent immovable property in
common customs, practices
Common customs and practices are only considered as a secondary form of
legislation on the Right to adjacent immovable property because its provisions
mainly exist in unwritten form, so they are often only understood in a specific way,
conventional norms, lack of clarity and specificity, make it difficult to ensure
uniform understanding and application in a wide range. However, the advantages of
common customs and practices are that they were formed from real life, from daily
behaviors so they are very close to the people and often voluntarily implemented by
the people.
2.2.4.3. Provisions of Rights to adjacent immovable property through
precedents
Currently, the Right to adjacent immovable property has not been formally
included in the list of cases published by the Supreme People's Court. However, in
relation to disputes over the Right to adjacent immovable properties, the Supreme
People's Court is considering to include in the draft law the following two
judgments: cassation decision No.157/2014/DS-GĐT on April 18, 2014 regarding
the case of dispute over land use rights regarding the passage through adjacent
immovable property and cassation decision No. 06/2014/DS-GĐT on 10/1/2014
regarding the case of dispute over passageway.

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CHAPTER 3: CURENT STATUS OF LAW ON THE RIGHT TO
ADJACENT IMMOVABLE PROPERTY IN VIETNAM
3.1. Status of law on the establishment and termination of adjacent
property rights

3.1.1. Status of law on the establishment of right to adjacent immovable
propery
Vietnamese law has recognized 4 bases for the establishment of the right
to adjacent immovable property. However, in the process of implicating the
law, there have been a number of obstacles and inadequacies related to a
number of basis for the establishment of this right, such as: While the law has
provided for necessary passage for people inside, there is no necessary
passageway for the person in the upper floor in the case of multi-story house. If
a high-rise building is divided among different owners, the owners after being
divided must have appropriate paths; There are no specific documents guiding
the statute of limitations for enjoying the right to adjacent properties and in this
case the right to the passageway such as: The problem arise when the person
appointed in the will exercise the right to the property, does the inheritance
statute prescribed in Article 623 of the Civil Code apply to the real estate
entitled to this right? (According to Clause 1, Article 623, the statute of
limitations for real estate is 30 years). So, in this case, if after 20 years the
rightful heirs exercise their rights, then it will be detrimental to the owner of the
right to enjoy…
3.1.2. Status of law on the basis of termination of right to adjacent
immovable propery
Article 256 of the Civil Code 2015 regulate the termination of the Right
to adjacent immovable property: “1. The entitled immovable property and the
obliged immovable property belong to ownership rights of a person; 2. The use
and exploitation of the immovable property do not arise the needs of enjoying
rights; 3. Upon agreement of contracting parties; 4. Other bases as provided by
law”. In fact, the cases of termination of the Right to adjacent immovable
property do not stop there. There are other notable situations can be mentioned.
For example, considering the right to benefit from an easement as a property
right, it can be assumed that this right will be lost in statute of limitations. Or,
the demand for easement still exists, but the ability to bear the easement of

adjacent immovable property no longer exist... (evidenced through the specific
case in the thesis).
3.2. Status of law on common cases of right to adjacent immovable
property
3.2.1. Status of law on passageway
Right of passage is a civil and practical right of the people, when there is
no path; or there is but not suitable; or the decision of the passageway affects,
causing damage to the owner of the surrounded real estate; people often pursue
very fierce with their complaints. Although the Civil Code 2015 has many
significant changes related to the content of the Right to adjacent immovable
12


property including provisions on the right of passage. However, regulations on
right of passage still have inadequacies that have not been removed, if applied
in practice, they will cause difficulties for the party involved. Therefore, this
issue needs to be considered and specified more clearly, overcoming the
remaining provisions of the law to avoid persistent disputes that may be
prolonged in practice. Here are some practice of the law that regulate the right
of passage (evidenced through the specific case in the thesis).
3.2.2. Status of law on irrigation water in agriculture
Along with the shrinking of the agricultural economy, the demand for
irrigation and drainage in farming has decreased, so the disputes related to this
issue do not arise much in reality. However, the issues such as the concept of
irrigation water and drainage demand have not been specified yet. What is the
level of flowing water for the right to demand irrigation and drainage? How to
determine a suitable the water chanel? Who has the right to determine if the
water chanel is appropriate or inappropriate? How is the establishment of a
water channel through another person's real estate done? How much does it
cost to set up a water course? Is the water course permanent or temporary?

Does water need to be approved by the surrounding land owner for each water
course? ... The law needs specific guidelines to conveniently and reasonably
implement this right (evidenced through specific cases in the thesis).
3.2.3. Status of water supply and drainage through adjacent immovable
property
Although the legal basis related to the right to water supply and drainage
through adjacent immovable property has been recorded quite sufficiently and
reasonably in the legal documents. However, in practice, the application of
legal provisions on this issue still faces a number of inadequacies: The
regulations on this type of rights among legal documents are not really
consistent with each other; regulations on relations with neighboring
constructions in accordance with Vietnamese standards are not consistent with
the Civil Code 2015 ... (evidenced through specific cases in the thesis).
3.2.4. Status of the law on entitlement to electricity transmission,
communication lines
Establishing electric transmission and communication lines is not the
obligation of the owner of the surrounded property as a user of this service (the
buyer) but an obligation of the electricity and communications service provider
(sellers). As a result, who is responsible for compensation when there are
damages in the process of establishing transmission, communications lines and
the process of using the service. The issues that also need to be raised are that
in the process of establishing power transmission, communication lines, which
cause damage, how should the compensation be handled? Who is responsible
for compensation? Compensation under which regulations, contractual or noncontractual?
With the development of information technology and the Internet, the
demand for establishing transmission and communication lines is increasing. In
13


the process, there may be disputes related to this issue (evidenced through

specific cases in the thesis).
3.3. Status of the limitation of right to adjacent immovable property
3.3.1. Status of law on environmental protection obligations
Although, the law stipulates that the owners of property rights in general
and the right to adjacent immovable properties in particular must be responsible
for the protection of the environment. However, currently, especially in urban
areas, over 95% of domestic wastewater discharged directly into the
environment. The main reason is due to limited awareness of households,
chasing after the immediate economic benefits and overlooking, even ignoring
the requirements of environmental protection, especially in deciding on
investment policies. Therefore, the environment situation has not been
improved significantly. In addition, the regulations of the law on environmental
protection are overlapping, inadequate, unable to keep up with the reality of
socio-economic development; State management of the environment still faces
many shortcomings, failing to keep up with the increasingly complex
developments of environmental issues, especially in the prevention, detection,
handling and control of pollution sources; The coordination between different
levels and sectors is not effective; showing unefficiency in handling
environmental incidents; Investment resources are still very limited, scattered,
which also limited the effort to improve the environment (evidenced through
specific cases in the thesis).
3.3.2. Status of law in case of emergency circumstance
Clause 2, Article 171 of the Civil Code 2015 stipulates: “In an
emergency circumstance, the owner and holder of other property-related rights
to a property must not hinder another person from using his/her own property
or hinder another person from causing damage to such property in order to
prevent or abate the greater danger or damage that threatens to happen.” and
Clause 3 of this Article stipulate: "The owner or the holder of other propertyrelated rights shall be compensated for damage in accordance with the
provisions of Article 595 of this Code". However, Article 595 stipulates
compensation for damages in cases that exceed the requirements of the

emergency situation: “A person causing damage as a result of exceeding the
requirements of an emergency situation must compensate any aggrieved person
for that part of the damage which resulted from exceeding the requirements of
an emergency situation”. The question is, if it is still within the bounds of the
emergency situation then will compensation be instituted? For example,
because a house is on fire, the owner of the inner real estate is forced to break
down the outside of the homeowner's wall to escape. Thus, although in the
context of an emergency situation, it has caused damage to owners of adjacent
immovable property (broken houses). In this case, should there be an
appropriate compensation plan to remedy damage to the owner of the adjacent
property mentioned above?

14


Another problem posed by the emergency situation is that the damage
caused must be smaller than the damage to be prevented (both in terms of
properties and magnitude). However, comparing these two interests is not
always easy, but requires careful evaluation and consideration of the sources of
danger to the society, the damage suffered by the society and the affected
subjects.
3.3.3. Status of law on the obligation of ensuring public order, public
safety; respecting the construction rules
Regarding the obligation to ensure public order and safety; respecting
construction rules, there are now quite a number of legal documents in this
field such as the Construction Law, the Law on Urban Planning, the Housing
Law... However, these are the normative principles. In order to apply that
regulation, it is still necessary to rely on many construction regulations, even
common construction practices in each region and each locality. Currently,
especially in urban areas that are crowded, and therefore living in apartments is

a popular choice for every citizen. However, when living in these apartments,
infiltration occurs, leaking from the upper floors to the lower floors, or
cracking, landslides, peeling of ceilings, walls... Although Article 11 of
Circular No. 02/2016/TT-BXD on February 15, 2016 on promulgating
regulations on management and usage of apartment buildings, but this solution
is very difficult and owners often divert the responsibility to investors because
they think that quality of the apartment before the opening has not been good,
thus leading to the above deterioration, leading to disputes between the investor
and the residents, even the common residents nearby in the management and
usage of utilities of the apartment building. As of June 2018, the whole country
had 108 apartment projects with disputes between residents and investors. The
rate of dispute between buyers and sellers is estimated to be up to about 30% in
apartment projects.
A significant proportion of the disputes stemming from the deliberate
wrongdoing of investors, failure to comply with the provisions of law. The
majority of cases come from misuse of the common area, expansion and
change function of a part of the unplanned area; violating regulations on the
usage of maintenance funds, operating costs of building management,
organizing first-time residence conferences or violating construction progress
and the procedures for granting certificates for house ownership.
On the other hand, stemming from the ambiguity in the law, it is the
calculation of the area of the apartment, the area of the lot, the technical box,
the area of private – public separation is unknown and misleading. These issues
need to be promptly and timely handled by the authorities instead of letting the
disputes break out.
3.3.4. Status of law on establishing air vents, light gaps, visibility
Currently, many people wonder how to properly construct windows so
that they are not fined and not raise dispute from neighbors. This is a very
concerned issue, especially in urban environment, crowded land, and close
15

housing. Article 178 of the Civil Code 2015 provides for the restriction of the
right to create the following: “1. A house owner may only install entry and exit
doors and windows opening onto adjacent houses or opposite houses and
common walkways in accordance with the law on construction”. However,
after that, the construction standards in 2018 did not mention this content. The
question is why window coverings were not included in the building codes but
were in the standard form?
Moreover, according to the provisions of the Construction Law 2014, the
construction of door is in special cases if the repair or renovation does not
change the architecture of the exterior, not adjacent to roads in urban areas
requiring architectural management. In fact, when addressing the needs of the
people, each district does it differently. Some districts allow people to open
their doors without asking for consent from their neighbors, except for
community access. Meanwhile, some districts still apply according to the
guidance of the Department of Construction since 2010, which requires the
consent of neighbors on the same alley to resolve. This has led to disputes and
complaints in many districts such as Go Vap and Binh Thanh.
Dispute disputes about door-opening often arise in urban areas, when the
"an inch of land" is "an inch of gold". In order to have good ventilation in the
house, adjacent households often make windows in their walls. However, many
households failed to reach an agreement with nearby property owners, so
disputes arose. In fact, living space in urban areas is very narrow, sometimes
just painting a wall too thick or misplacing materials onto the house just a few
centimeters also cause a dispute. Therefore, in the long run, the application of
construction standards (by law legislative documents) is not stable. As the
original law, the Civil Code needs to specify more clearly the conditions for the
window to the next house, how many window can be placed, the distance...
Also, the specialized law (Construction Law) also needs to supplement detailed

regulations to ensure the legal basis for granting permits as well as resolving
disputes, and at the same time to suit the current complicated situation of
construction.
- Status of establishing air vent, light gap, visibility
Currently, with economic development, the standards of enjoyment of
housing and working facilities are changing. In urban areas, more and more
offices are being built in the direction suitable to the technical requirements
necessary for the installation of air conditioners and air; Private housing getting
air conditioning is also becoming a normal need of the people. However, the
legal regime on ventilation is still quite simple. The current law only talks
about air vents in relation to common walls and stipulates that if there is no
agreement between the common owners, it is illegal to make holes in common
walls (Clause 3, Article 3). 16 Civil Code 2015). If only based on the rules of
writing, the ventilation holes in separate walls are not subject to any
restrictions. Currently, the law does not impose a limit on the right to exploit a
view from the window of the property owner and vice versa, nor does it require
16


the adjoining property owner to respect this right by how to avoid performing
constructions that obscure or limit that view. There is also no law on the
balconies as a means of sight. The practice also does not recognize the fierce
conflicts related to the construction of balconies that have the effect of zooming
the vision into neighboring properties.
3.4. Status of law on the protection of right to adjacent immovable
property
3.4.1. Status of law on the registration of the right to adjacent
immovable property
In order for real right in general and the right to adjacent immovable
property in particular to be respected, its existence must be clearly and publicly

known to the society. According to the experience of developed countries in the
world, the best way for the whole society to know the existence of rights is to
build a complete system of rights registration for any one to approach. In
reality, so far Vietnam only has the Civil Code 2015, the Land Law 2013 that
stipulates the registration of establishment, change or termination of right to
adjacent property according to the order of land change registration. (Point 1,
Clause 4, Article 95 of the 2013 Law on Land). Property shown on a certificate
of land use right is the subject of land use rights, transactions of houses and
assets attached to the land. However, in reality, there are many disputes on this
issue, the main reason being that when transferring the rights, the receiver does
not know the information on the land that has a path for the owner of encased
property. Therefore, after getting transfer the land use rights, disputes were
raised with people who use the land and who owns adjacent property. Besides,
by not showing information on rights of passage on the certificate of land use
right will restrict the rights of land users.
Another problem that may arise is that under the provisions of the 2013
Land Law, the condition for granting a land use right certificate is that the
minimum land area must be sufficient under the provisions of law, except for a
few exceptions (such as Article 29 of Decree No. 43/2014/ND-CP on May 15,
2014, which stated the conditions for land smaller than the minimum areas that
to be granted certificates of land use rights and house ownership residential
land and other properties associated with). So, a question is: how to solve the
case of an immovable property surrounded by other immovable properties that
has an area equal to or smaller than the minimum land area to be granted a land
use right certificate and by creating a passage, there is not enough minimum
land area left? If creating a passage through the enclosed property, it will affect
the right to land use right certificate; while the criteria to open the passage is to
bring the most convenient and the least annoyance. This is a very difficult
problem in densely populated cities; where an ich of land area is considered "an
inch of gold".

3.4.2. Status of law on self protection method
Due to the fact that it does not have state coercive power, it completely
depends on the voluntariness of the parties (rights holders and violators) when
17


there is an infringement. Therefore, the thoroughness and effectiveness of the
application of this method completely depend on the right holder or the
goodwill and voluntary of the violator. In certain cases, the holder of right to
adjacent immovable roperty still has to resort to a more effective method - that
requires the intervention of a competent state agency. Most of the disputes
related to the right to adjacent immovable property often need the intervention
of a competent State agency, few cases have been successfully resolved by the
self-protection method due to the lack of coercion in such method.
3.4.3. Status of law on measures require protection from courts or other
competent state agencies
Regarding the right to adjacent immovable property, the methods of
requesting protection from courts or other competent state agencies often occur
in disputes over passageways. Disputes over passageway to be in trial by the
Court have many different causes: There are cases where households with
adjacent land inside have used the land of the encasing owner for a very long
time but then conflict arised, and the encasing household prevent the encased
household to use the passage by building a wall across the passage, using
obstructions across the passage, threatening to cause injury if the encased
household passes through the land... There is also the case that the owner of the
encasing property previously allowed the encased property to pass through, but
when the land was transferred to a different owner, this person does not allow
the owner of the encased property to pass through. In such cases, the Court will
consider and decide whether the encasing property is to reserved a passage for
adjacent encased property owners. Practical cases related to this issue have

been mentioned by the author in section 3.2 above. However, through the
practice of trial and study of the above cases, the author realized that there are
some problems that remain:
Firstly, if the Court accepts the encased property owner to go through
the adjacent encasing property, will they be granted a land use right certificate
for the land used for the passageway?
Secondly, how does the Court force the adjacent encased property owner
to compensate the encasing property owner?
In addition, the effectiveness of civil rights protection is often associated
with the execution of civil judgments, so it is greatly affected by civil judgment
enforcement. This is also a limitation in the protection of the rights of the
holders of rights to adjacent immovable properties. In cases where the
judgment debtors fail to voluntarily execute their judgments, the civil judgment
enforcement agencies must issue decisions to enforce the execution. In many
cases, the judgment debtors often do not cooperate, even intimidate, oppose,
and hindering the judgment execution process. For such cases, many judgment
execution agencies and executives who are directly on duty are often afraid and
do not want to face those people to execute the judgment, lack of determination
in organizing the execution of a legally valid judgment. The indecision of the
judgment enforcement agencies and the executors also makes the execution of
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the judgments prolong for a long time, without a definite term, nor to ensure
the rights of the plaintiff as well as the formality of the law.
CHAPTER 4: ORIENTATION AND SOLUTIONS TO PERFECT THE
LAW ON THE RIGHT TO ADJACENT IMMOVABLE PROPERTY IN
VIETNAM TODAY
4.1. Orientation to improve the law on the right to adjacent
immovable property in Vietnam today

4.1.1. Balancing the interests of real estate owners with their Right to
adjacent immovable properties
Balancing the interests of real estate owners with their Rights to adjacent
immovable property is done through laws and policies of the State to
harmonize the relationship between the interests of the real property owners
and the person with the Right to adjacent immovable property. This can be seen
as an optimal principle that needs to be chosen to protect the interests of both
parties.
4.1.2. Ensuring compatibility with the principles of democratic
development, with a focus on the principle of agreement in regulating relations
arising from the exercise of the Right to adjacent immovable property
Currently, most areas of social life in our country, including those
related to the rights to adjacent immovable property, the rights of people, are
guaranteed by law. Therefore, in all areas of civil life in general and in relations
arising from the Rights to adjacent immovable property in particular, the focus
on the principle of agreement in adjusting relations arising from the Right to
adjacent immovable property is essential. Those involved in legal relations
must be responsible for what they have established and agreed to the other
party and when disputes arise, if the parties cannot reach an agreement, then the
law will intervene. It is best to voluntarily negotiate with each other, if this can
be done, the parties will not be subject to the constraints of the law nor have to
spend too much money, effort to appeal to court that sometimes will end up in
vain. A verdict won, but in the end, they might lose a good neighborly
relationship.
4.1.3. Overcoming limitations and shortcomings of the law
Conflicts, overlaps in legal provisions of a legal document or between
legal documents related to the Rights to adjacent immovable property will lead
to difficulties in organizing the implementation of law in practice. In fact, in
recent times, many areas of social life including the rights to adjacent
immovable property have negative phenomena or complicated social relations

but there are practically no legal documents to regulate. In order for the law to
promote its true role and effects, special attention must be paid and the
enhancement of law enforcement efficiency. Guiding documents need to be
issued synchronously with the effective time of the law, to avoid waiting for
the decree and guiding circulars to be implemented. Renewing the work of law
19


dissemination with more investment and focus, avoiding useless information,
focus on the right targets and problems, meeting the needs of the people.
4.1.4. Consistent with the judicial reform strategy
Regarding the civil sector, after nearly 20 years of implementing the
judicial reform strategy, the most successful result was the issue of the Civil
Code 2015, which is the original law of the private law system. From the Civil
Code, Specialized legal documents also have changes and amends to be more
suitable. The provisions on property and ownership are more fully and clearly
recognized. For the first time, the Civil Code has recognized the “Other rights
to immovable property” regime including usufruct right, surface right and right
to adjacent immovable property. In particular, the implementation of the tasks
and objectives of the judicial reform strategy, the system of judicial bodies also
improve the quality of handling and adjudicating various types of cases,
ensuring the Court's judgments are legitimate, bringing justice to society. There
are many cases involving rights to adjacent immovable property that stop at the
first instance trial. It proves that the concerned parties have acknowledged the
legitimacy of the sentence and complied with the judgement without requiring
an appeal…
4.1.5. Ensuring human rights and ownership right
Ownership is the backbone of civil law, the premise of civil law
relations in property and one of the most important basic rights of citizens, so
the law of any nation has regulations to protect ownership rights. Article 32 of

the 2013 Constitution of the Socialist Republic of Vietnam stipulates: "the right
of private ownership and the right of inheritance are protected by the law" and
Article 163 of the Civil Code 2015 provides for the protection of property
rights. and other property rights: "No one may be illegally restricted in or
deprived of his/her ownership rights or other propertyrelated rights to his/her
property." Therefore, ensuring the property rights of citizens has a great
meaning, because it protects not only the interests of citizens in particular but
also the interests of the whole society in general. The development trend that
requires the guarantee of human rights and ownership of citizens in the
economic sector is the goal and driving force for the process of economic
development of Vietnam; the impact of democratization of social life, the
impact of international economic integration and the contributions of mankind;
the renewal of awareness about the ownership regime, socialism and political
determination of the Communist Party during the renewal process.
4.1.6. Ensuring intergration and compatibility with international law
The current international integration has pushed countries closer together
in all areas, including the legal field. The process of international integration
requires each country to harmonize its problems to conform to the common
standards recognized by most countries in the world. Therefore, it is necessary
to consider the compatibility, the harmony between Vietnamese law in general,
the law on the Rights to adjacent immovable property in particular and the
international law. Currently, the current law provisions on the Rights to
20


adjacent immovable property of Vietnam are basically consistent with the
provisions of countries around the world, although every country in the world
use the term "easement" to refer to the provisions on the Right to adjacent
immovable properties.
4.2. Solution to perfect the law on the right to adjacent immovable

property
4.2.1. Solution to perfect regulations on the establishment and
termination of Rights to adjacent immovable property
- Supplementing specific guidance on the statute of limitations for
enjoying the Rights of adjacent immovable properties.
- Specifying a path necessary for the owner at the top in case of multistorey house.
- Specifying a number of other bases that terminate the Rights to
adjacent immovable properties in Clause 4, Article 256 of the Civil Code 2015
from a practical perspective.
4.2.2. Solution to perfect regulations on common cases of right to
adjacent immovable property
4.2.2.1. Solution to pefect regulations on the rights to adjacent
immovable properties related to the passage
- Specifying what count as inadequate passageway?
- Considering and supplementing the provisions on the right to request
passageway for owners of encased property to ensure production and business
needs.
4.2.2.2. Solution to pefect regulations on the right to irrigation and
drainage in cultivation
- The law needs to anticipate the determination of reasonable water lines
according to certain specific criteria.
- It is necessary to base on technical standards in agriculture and
cultivation to give technical standards to determine the demand for irrigation
and drainage.
- Need to clarify the cost of setting the water line will be borne by
whom.
- It is necessary to set specific criteria to determine whether the
establishment of a water line is permanent or temporary.
4.2.2.3. Solution to pefect regulations on water supply and drainage
through adjacent immovable property

There is a need for consistency in the regulations related to the
establishment of adjacent constructions in the Vietnam's construction standard and
the Civil Code 2015; and regulations on the connection of drainage systems in
Decree No. 80/2014/ND- CP must illustrate the case when water supply and
drainage must go through another immovable property.
4.2.2.4. Solution to perfect regulations on power transmission and
communication lines

21


- Article 255 should be amended in the following direction: “An owner
of immoveable property, or electricity supply organizations, information and
communication services have the right to install electricity transmission cables
and communication cables in a reasonable manner through the immoveable
property of other owners, but must ensure the safety and convenience of such
owners. If damage is caused, compensation must be made”
- Regarding compensation for damage caused by transmission lines and
communications cables, the following cases need to be noted: (1) if damage
caused by above-mentioned equipment is caused by the service provider then
the service provider must pay damages and the liability to pay damages is
determined as the contractual compensation liability; (2) if the damage is
caused by the equipment to the owner of the property that have the equipment
passed through or to a third person, the non-contractual compensation liability
shall apply. Whoever is the owner of the device must pay compensation for the
damage caused by that device. The compensator may be the owner of the
property using the transmission line, communication line (buyer), or may be the
provider of the power and communication services.
4.2.3. Solution to perfect regulations on the limitation of right to
adjacent immovable property

- There should be uniform regulations on the installation of doors to
adjacent properties in the Civil Code and the Construction Law.
- The law on civil liability (compensation for environmental damage) in
the field of environmental protection needs to be clearly and specifically
stipulated, avoiding a circular reference that has not yet been resolved such as
"compensation for damage according to the provisions of law”. At the same time,
there need to be clear regulations to distinguish between responsibilities,
remediation and environmental restoration under administrative law and liability
to compensate for damages according to civil law ...
- The law should have more specific provisions on sanctions for neighbors
when using the Right to adjacent immovable property which causes damage to
adjacent property owners.
- Supplementing subjects with other property-related rights in Clause 1,
Article 177 of the Civil Code 2015
4.2.4. Solution to perfect regulations on the protection of right to
adjacent immovable property
- Specific guidance on registration of the Right to adjacent immovable
property
- Amending regulations on the right of passage to go through
conciliation at the commune-level People's Committee before the Court
processes the case.
- Improve the practical effectiveness of ownership protection measures.
4.2.5. Other solutions
- Consider using which term: "Right to adjacent immovable property" or
"Easement".
22


- Specific guidance on compensation levels for right holders
- Supplementing the scope for the Right to adjacent immovable property

- Supplementing the principle of identifying obliged immovable propery
- Supplementing the concept of adjacent immovable property, encased
immovable property
- Supplementing various types of Rights to adjacent immovable property
to ensure other necessary needs.
- Agree on the use of the term "Rights to adjacent immovable property"
in legal documents.
- Further improve the adjudicating capacity of the Judges
- Enhancing the law propagation, dissemination and education

CONCLUSION
The study of property rights in general and the right to adjacent
immovable property in particular is considered a traditional issue and receives
special attention from legal studies around the world. In the system of real
rights, ownership is the absolute right in which the right holder can exercise his
right through his acts on his own property, in addition to the right to own, the
right to adjacent immovable property is also a form of real right. This is a form
of property rights that affect the properties of others. The right to adjacent
immovable property is an urgent and meaningful right in guiding the
implementation and application of law to settle dispute cases on adjacent
immovable property of law enforcement agencies. In modern society, due to
the need to economically and effectively exploit all assets in society, the right
to adjacent immovable property is always in need of consideration, recognition
and protection by the State. Particularly, in Vietnam, derived from the
characteristics of political and economic regimes, especially the system of
entire citizen ownership of a number of special assets (land, water resources,
mineral resources. ... and properties invested and managed by the State),
therefore creating opportunity for socio-economic premises to appear to
establish the right to adjacent immovable property rights.
Therefore, the topic "The right to adjacent immovable property under

Vietnam’s current law" is an elaborate and comprehensive research on
theoretical and practical issues of civil relations concerning the Rights to
adjacent immovable properties. Accordingly, the following issues have been
researched and resolved:
Firstly, the thesis has a systematic and comprehensive overview of
issues related to the Rights to adjacent immovable property. With diverse and
abundant domestic and foreign documents, the author has selected the most
exceptional publications. Thereby, pointing out the research achievements that
the thesis has inherited and continued to develop. It also points out the
23