According to the provisions of Article 166, 2015 Civil Code on "Right to reclaim property": "The owner or subject with other rights to property has the right to reclaim the property from the possessor or user. misuse of property or the person benefiting from the property without legal basis. The owner has no right to reclaim property from the possession of a subject who has other rights to that property.

Pursuant to the provisions of Article 105, 2015 Civil Code, assets include: "Assets are objects, money, valuable papers and property rights. Assets include real estate and movable property. Real estate and movable property can be existing assets and assets formed in the future.

Previously, in Official Dispatch No. 141/TANDTC/KHXX dated September 21, 2011, the Supreme People's Court had the following instructions:

"first. Article 163 of the 2005 Civil Code stipulates: "Assets include objects, money, valuable papers and property rights." According to the provisions of Point 8, Article 6 of the Law on the State Bank of Vietnam 2010, valuable papers are "evidence confirming the debt repayment obligation between the organization issuing valuable papers and the owner of the valuable papers." price within a certain period, interest payment conditions and other conditions. Based on current legal regulations, valuable papers include:

a) Bills of exchange, promissory notes, checks, and other negotiable instruments specified in Article 1 of the 2005 Law on Negotiable Instruments;

b) Government bonds, company bonds, promissory notes, and stocks are specified in Point c, Clause 1, Article 4 of the 2005 Foreign Exchange Ordinance;

c) T-bills, bills of exchange, bonds, bonds and other instruments giving rise to debt repayment obligations as prescribed in Point 16, Article 3 of the Law on Public Debt Management 2009;

d) Types of securities (stocks, bonds, fund certificates; stock purchase rights, warrants, buy options, put options, futures contracts, stock groups or stock indexes; Contribution contracts investment capital; other types of securities prescribed by the Ministry of Finance) are specified in Clause 1, Article 6 of the Securities Law 2006 (amended and supplemented with a number of articles in 2010);

d) Corporate bonds are specified in Article 2 of Decree No. 52/2006/ND-CP dated May 19, 2006 of the Government on "Issue of corporate bonds"...

2. According to the above regulations, property ownership certificates (Land use rights certificate; House ownership certificate, Motorcycle and motorbike registration certificate; Vehicle registration certificate cars...) are not "valuable papers" specified in Article 163 of the 2005 Civil Code; Therefore, if there is a request to the Court to force the occupier to return these documents, the Court will not accept the settlement.

In Section 1, Part I, Official Dispatch No. 02/GD-TANDTC dated September 19, 2016 of the Supreme People's Court answering a number of issues on administrative and civil proceedings instructs: "Certificate of Receiving land use rights is an administrative decision; If you fall into one of the cases specified in Clause 2, Article 3, Law on Administrative Procedures 2015, you are subject to initiating an administrative lawsuit." Accordingly, the Land Use Rights Certificate is an administrative decision, not "evidence confirming debt repayment obligations", so it is not a valuable document. Therefore, the guidance in Official Dispatch No. 141/TANDTC-KHXX determining that land use rights certificates are not valuable documents is still consistent with the 2015 Civil Code and other laws in effect.

Currently, Article 164, 2015 Civil Code stipulates: "Owners and subjects with other rights to property have the right to request the Court or other competent state agencies to compel those who commit acts of infringement." Violators of rights must return property, stop illegal acts of obstructing the exercise of ownership rights and other rights to property and request compensation for damages.”

Thus, if there is a request for the Court to force the occupier to return the land use right certificate and stop acts of obstructing the exercise of land users' rights, the People's Court will accept and resolve the matter according to the law. stipulated in Clause 2, Article 26, 2015 Civil Procedure Code, accordingly, disputes over ownership and other rights to property are civil disputes under the jurisdiction of the Court.