According to Clause 24, Article 3 of the 2013 Land Law, "Land dispute is a dispute over the rights and obligations of land users between two or more parties in the land relationship".
KEY CONTENT SUMMARY
1. What is a land dispute?
2. Procedures for settling land disputes upon obtaining a certificate of land use right
3. Procedures for settling land disputes when there is no certificate of land use right
1. What is a land dispute?
According to Clause 24, Article 3 of the 2013 Land Law, "Land dispute is a dispute over the rights and obligations of land users between two or more parties in the land relationship".
Accordingly, only disputes determining who has the right to use the land (including disputes over boundaries between land parcels) are land disputes. It is important to determine which dispute is a land dispute, as the procedures for resolving land disputes and land-related disputes are different.
According to Clause 1, Article 202 of the 2013 Land Law, when the parties have a dispute, the State encourages the parties to the land dispute to conciliate themselves or settle the land dispute through grassroots conciliation.
Accordingly, the State encourages the parties to conciliate through 02 forms Form 1: Self-mediation;
Form 2: Resolution of land disputes by conciliation
After conciliation with unsuccessful results, if you want to settle the dispute, you can follow the following two directions:
Clause 1, Article 203 of the 2013 Land Law provides:
- Land disputes in which the involved parties have a Certificate or have one of the papers specified in Article 100 of the Land Law 2013 and disputes over property on land shall be settled by the People's Courts.
- For a land dispute where the involved party does not have a Certificate or one of the papers specified in Article 100 of the Land Law, the involved party may only choose one of the following two forms of settlement:
- Method 1: File a request for dispute resolution at the district or provincial People's Committee (depending on the subject of the dispute)
- Method 2. Initiating a lawsuit at the People's Court (according to the provisions of the civil procedure law).
When one of the parties has a certificate or one of the papers specified in Article 100 of the Law on Land, it shall be settled by the People's Court of the place where the land dispute occurs, according to the civil procedures below.
Step 1. Prepare the petition file
Prepare 1 set of lawsuit dossiers, including:
- Complaint application form.
- Papers proving land use rights such as: Certificate of land use right or one of the papers specified in Article 100.
- The minutes of conciliation are certified by the Commune People's Committee and signed by the disputing parties.
Ha Giang Provincial Court hears land dispute case
- Papers of the petitioner: Household book; People ID
- Other evidencing papers: including documents and evidences to prove the petition itself.
Step 2. File a lawsuit Place of submission:
- The People's Court of the district whose land is in dispute.
- Payment method: Submit by one of the following three methods:
- Filed directly at the Court;
- Send to the Court by postal service;
- Submit online electronically via the Court's Portal (if any).
Step 3. Court handling and settle
- If the dossier is not enough, the Court will request additional documents.
- If the profile is sufficient
- Court notices payment of advance court fee.
- The petitioner shall pay the advance court fee at an agency appointed by the Court (usually the civil judgment enforcement branch) according to the court fee advance notice and return the receipt to the Court.The court will then hear.
Procedures for trial preparation and trial
- Trial preparation:The time limit is 04 months, the complicated case may be extended for no more than 02 months (Total 06 months - Article 203 of the Civil Procedure Code).
- During this period, the Court will hold conciliation at the Court, if the parties fail to conciliate, the Court will bring the dispute to first-instance trial (if it is not in the case of temporary suspension or suspension).
- After the first-instance judgment is issued, the disputing parties have the right to appeal if they disagree with the judgment in condition that they have grounds.
Method 1: Ask the People's Committee of the competent level to resolve
- Case 1: Disputes between households, individuals and communities shall be settled by the chairperson of the district-level People's Committee.
- Case 2: The case of a dispute in which one of the disputing parties is an organization, a religious establishment, an overseas Vietnamese, or a foreign-invested enterprise shall be settled by the chairperson of the provincial-level People's Committee.
As follows:
Procedures for settling land disputes at district-level People's Committees:
Households and individuals need to prepare 01 set of documents with the following documents:
- Application for settlement of land disputes;
- Minutes of conciliation at commune People's Committee;
- Extracts of maps and cadastral records over the period related to the disputed land area and documents as evidence and proof in the dispute settlement;
- Proposal report and draft decision on dispute resolution or draft decision on recognition of successful mediation.
Step 1. Submit application
Households and individuals submit dossiers to district-level People's Committees.
Step 2. Receipt of documents
- In case of receiving incomplete or invalid dossiers, within 03 working days, the dossier-receiving and handling agencies must notify and guide the dossier-submitters to supplement and complete the dossiers as prescribed.
Step 3: Request handling
- The Chairman of the People's Committee of the district assigns the advisory body to solve the problem
- The advisory body is responsible for:
- Verifying the case, organizing conciliation between the disputing parties, organizing meetings of relevant departments and agencies to advise on settlement of land disputes (if necessary).
- Completing the dossier and submiting it to the Chairman of the People's Committee to issue a decision on dispute settlement.
Step 4. Chairman of district-level People's Committee issues settlement results
The district-level People's Committee chairperson shall issue a decision on dispute settlement or a decision on recognition of successful conciliation and send it to the disputing parties.
- If you agree to the results of the dispute settlement, the dispute will be terminated.
- If you do not agree with the resolution, then:
- Complaints to the Chairman of the Provincial People's Committee or
- File a lawsuit at the Court in accordance with the law on administrative procedures (initiating an administrative decision or administrative act of the Chairman of the district-level People's Committee).
- Processing time: within 45 days;
For communes in mountainous, island, deep-lying and remote areas and areas with difficult socio-economic conditions, the implementation time may be increased by 10 days.
Procedures for settling land disputes at the Provincial People's Committee:
Organizations, households and individuals prepare 01 set of documents:
- Application for settlement of land disputes;
- Minutes of conciliation at the commune-level People's Committee; minutes of working with the disputing parties and people concerned; minutes of inspection of the current status of disputed land; minutes of meetings of relevant departments and branches to advise on settlement of land disputes in case of unsuccessful conciliation; minutes of conciliation during dispute settlement;
- Extracts of maps and cadastral records over the period related to the disputed land area and documents as evidence and proof in the process of dispute settlement;
- Proposal report and draft decision on dispute resolution or draft decision on recognition of successful mediation.
Step 1: Submit your application
Place of submission: At the Provincial People's Committee.
Step 2: Receipt of application
- In case of receiving incomplete or invalid dossiers, within 03 working days, the dossier-receiving and handling agencies must notify and guide the dossier-submitters to supplement and complete the dossiers as prescribed.
Step 3: Settlement procedures
- The Chairman of the Provincial People's Committee assigns the responsibility of the advisory body to solve the problem.
- The advisory body is responsible for verifying and verifying the case, organizing conciliation between the disputing parties, and organizing meetings of relevant departments and agencies to advise on the settlement of land disputes (if necessary) and complete the dossier and submit it to the Chairman of the Provincial People's Committee for promulgation of the decision to settle the land dispute.
- Provincial-level People's Committee chairpersons shall issue a decision on dispute settlement or a decision on recognition of successful conciliation and send it to the disputing parties, organizations and individuals with related rights and obligations.
Step 4. Chairman of Provincial People's Committee issues settlement results
The chairperson of the provincial People's Committee shall issue a decision on dispute settlement or a decision on recognition of successful conciliation and send it to the disputing parties.
- If you agree to the results of the dispute settlement, the dispute will be terminated.
- If you do not agree with the resolution, then:
- Complaint to the Minister of Natural Resources and Environment or
- File a lawsuit at the Court in accordance with the law on administrative procedures (initiate lawsuits against administrative decisions or administrative acts of the Chairman of the provincial People's Committee).
- The time limit for settlement is not more than 60 days, increased by 10 days (if the dispute occurs in mountainous communes, islands, deep-lying and remote areas, areas with difficult socio-economic conditions).
Option 2. File a lawsuit at the People's Court (the procedure is similar to Section 2 - Land dispute with papers).
