Applying the doctrine of adverse possession to regulate the legal relationship concerning land in Vietnam

Abstract

Adverse possession is a doctrine applied by many legal systems to regulate the property relationship between the owner and the possessor. However, Vietnam does not recognize this doctrine to adjust the property relationship between the landowner and the land user. The question is if there is any compelling reason for Vietnam not to apply the doctrine of adverse possession to govern this relationship. If not, how should Vietnamese law makers apply this doctrine? To answer this question, the article discusses several issues concerning the doctrine, such as the concept, content, meaning, and conditions for establishing ownership under the doctrine of adverse possession. Based on such analysis, the article explains and gives recommendations to improve Vietnamese law in terms of using the doctrine of adverse possession as a theoretical framework for the legal relationship relating to land use rights between possessors and persons who have documentation evidencing their title to the property.