Nowadays, a lot of disputes happen in reality and must be brought to the Court to be resolved. And one of them is a land dispute. So about the matter “Conditions to initiate a land dispute in court in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Civil Procedure Code 2015
What is a land dispute?
The concept of land dispute is specified in Clause 24, Article 3 of the 2013 Land Law as follows:
Explanation of words
In this Law, the following terms are construed as follows:
…
24. Land dispute means a dispute over the rights and obligations of land users between two or more parties in the land relationship.
According to that provision, a land dispute is a dispute over the rights and obligations of land users between two or more parties in the land relationship.
As for the concept in the above provisions, the land dispute has a very wide scope. Specifically, a land dispute is a dispute over the rights and obligations of land users between two or more parties in social relations arising in the field of land.
In such a wide-ranging case, it will be difficult to apply the law, especially when suing for a land dispute.
Accordingly, it is necessary to define land disputes with a narrower scope. Specifically, Clause 2, Article 3 of Resolution 04/2017/NQ-HDTP specifically provides that:
– For a dispute over who has the right to use the land but has not yet been conciliated at the People’s Committee of the commune, ward or township where the disputed land is located according to the provisions of Article 202 of the 2013 Land Law, it shall be determined as: have not yet fully met the conditions to initiate lawsuits specified at Point b, Clause 1, Article 192 of the 2015 Civil Procedure Code.
– For other disputes related to land use rights such as: disputes over transactions related to land use rights, disputes over inheritance of land use rights, division of husband and wife’s common property, which is land use rights. … then the conciliation procedure at the People’s Committee of the commune, ward or township where the disputed land is located is not a condition for initiating a lawsuit.
Conditions to initiate a land dispute in court in Vietnam
The current law does not have specific provisions on conditions for initiating lawsuits for land disputes, however, according to the 2015 Civil Procedure Code, plaintiffs need to meet the following conditions to initiate lawsuits: disputes, specifically:
First, the petitioner has the right to sue
Pursuant to the provisions of Article 186 of the 2015 Civil Procedure Code, the right to initiate a lawsuit is as follows:
Agencies, organizations and individuals have the right to initiate lawsuits by themselves or through their lawful representatives (hereinafter referred to as plaintiffs) at competent courts to request protection of their rights and interests its legitimacy”.
According to that provision, lawsuits to settle land disputes must be carried out by themselves or through a legal representative.
Second, under the jurisdiction of the Court according to the type of case
Land dispute according to the provisions of land law is one of the civil disputes under the jurisdiction of the Court.
Accordingly, the dispute in determining who has the right to use the land is determined to be a land dispute, and the land law shall be applied to settle it.
Disputes related to land such as: Disputes over transactions related to land use rights, disputes over inheritance of land use rights, etc., shall apply the provisions of the Civil Code to settle.
Third, the dispute has not been resolved
Pursuant to Point c, Clause 1, Article 192 of the 2015 Civil Procedure Code, the Court will only accept a lawsuit petition for a land dispute if that dispute has not been resolved, specifically:
– Land disputes have not been resolved by the effective judgment of the Court.
– Not yet resolved by an effective decision of a competent State agency: Land dispute has not been resolved by an effective decision of the People’s Committee of the district or province.
However, in case the request for house or land use right for lease, loan or stay-at-home is requested by the Court but the Court has not yet accepted the request and is entitled to initiate a lawsuit again according to the law, the lawsuit may still be instituted at the Court.
Fourth, it must be reconciled at the commune-level People’s Committee
According to Clause 2, Article 3 of Resolution 04/2017/NQ-HDTP stipulating:
In the case of a dispute over who has the right to use the land but has not yet been conciliated at the People’s Committee of the commune, ward or township where the disputed land is located according to the provisions of Article 202 of the 2013 Land Law, it shall be determined as have not yet fully met the conditions to initiate lawsuits specified at Point b, Clause 1, Article 192 of the 2015 Civil Procedure Code”.
For the case of your question, the dispute is about determining who has the right to use the land, so you cannot initiate a lawsuit at the Court but must go through the conciliation procedure at the Commune People’s Committee.
If the conciliation is unsuccessful at the commune-level People’s Committee, they can choose to initiate a lawsuit at the Court or request the district-level People’s Committee to settle.
In order to initiate a land dispute over the determination of the person with the land use right, it is necessary to pay attention to and fully meet the above conditions to avoid the case of being returned by the Court. In your case, it is mandatory to go through mediation at the commune People’s Committee before proceeding to sue in court.
Procedures for initiating a land dispute lawsuit at Court
Step 1: Prepare the petition file
Pursuant to Clause 2, Article 189 of the 2015 Civil Procedure Code, the dossier and papers that the petitioner needs to prepare include:
+ Complaint according to the form.
+ Minutes of unsuccessful conciliation certified by the Commune People’s Committee and signed by the disputing parties.
+ Papers of the petitioner: household registration book, people’s identity card or citizen identification card or valid passport.
+ A list of documents and evidences enclosed with the lawsuit petition.
In addition, it is necessary to prepare more documents and evidences to prove the land use rights such as: Certificate (in case of land dispute with Red Book) or one of the documents on land use rights prescribed defined in Article 100 of the 2013 Land Law.
Step 2: File a petition
+ File an application at the district-level People’s Court where the disputed land is located. Specifically, your case is filed at the People’s Court of Hoai Duc district.
+ Form of application: The petitioner shall file an application in one of the following forms:
Filed directly at the Court;
Send to the Court by postal service;
Submitted online electronically through the Court’s Portal.
Step 3: Accept the lawsuit petition and pay the court fee advance
After receiving the lawsuit petition and accompanying documents and evidences, when deeming that the case falls under the jurisdiction of the court, the judge must immediately notify the petitioner so that they can carry out the procedures for paying the court fee advance. .
Within 07 days from the date of receiving the court’s notice, the plaintiff must pay a court fee advance.
The judge accepts the lawsuit petition when the plaintiff submits to the Court a receipt for the collection of the court fee advance.
Step 4: Prepare for trial and first instance trial
Pursuant to Article 203 of the 2015 Civil Procedure Code, the time limit for preparation for trial of a land dispute case is 04 months, a complicated case may be extended for no more than 02 months (total of 06 months);
If the case is not suspended or suspended, the Court will bring the case to trial.
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Frequently asked questions
The subject of land disputes is management rights; the right to use and the benefits arising from the use of a particular type of property that are not owned by the disputing parties.
The subject of land dispute is only the subject of land management and use; no ownership rights to the land.
Land disputes are always associated with the land use process of the subjects, so they not only affect the direct interests of the parties to the dispute but also the interests of the State. Because first of all; when a dispute occurs; a party fails to exercise its rights; thereby affecting the performance of obligations towards the State.
Time for carrying out procedures for land dispute conciliation and land dispute settlement procedures:
a) Conciliation of land disputes is not more than 45 days;
b) Settlement of land disputes within the competence of chairpersons of district-level People’s Committees within 45 days;
c) Settlement of land disputes within the competence of chairpersons of provincial-level People’s Committees within 60 days;
d) Settlement of land disputes within the competence of the Minister of Natural Resources and Environment within 90 days;
dd) Coercive enforcement of decisions on settlement of land disputes or decisions on recognition of successful conciliation shall not exceed 30 days.
According to Clause 59, Article 2 of Decree No. 01/2017/ND-CP, the enforcement of decisions on settlement of land disputes is only possible when the following conditions are satisfied:
The settlement decision has taken effect but the parties or one of the disputing parties do not comply with the decision and has been moved by the commune-level People’s Committee, the commune-level Vietnam Fatherland Front Committee where the disputed land is located. persuading and persuading but not obeying.
The decision on coercive implementation of the decision on settlement of land disputes has been publicly posted at the headquarters of the commune-level People’s Committee, the common place of daily living of the residential area where the disputed land is located.
The enforcement decision has taken effect.
The person subject to enforcement has received the enforcement decision (in case of refusal to accept the enforcement decision or absenteeism when handing over the enforcement decision, the commune-level People’s Committee shall make a record).
Conclusion: So the above is Conditions to initiate a land dispute in court in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
