Hi LSX, my neighbor and I have adjacent land, recently he expanded his garden, so he planted some plants encroaching on my land. When asked to demolish the encroaching garden, he refused to say that it was his land. Seeing that the dispute could not be resolved by myself, I filed an application, so the Court asked for help. So about the matter “The court fee for land boundary disputes in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Civil Procedure Code 2015
- Civil Code 2015
- Resolution 326/2016/UBTVQH14
What is the land boundary dispute?
According to the provisions of the Civil Code 2015, the boundary between adjacent immovable properties shall be determined according to the provisions of Article 175, specifically as follows:
“Article 175. Boundaries between real estates
1. The boundary between adjacent real estates shall be determined by agreement or by decision of a competent state agency.
Boundaries may also be determined by custom or by boundaries that have existed for 30 years or more without dispute.
Do not encroach on, occupy or change the boundary markers, even if the boundaries are canals, ditches, trenches, trenches or fields. All subjects have the obligation to respect and maintain common boundaries.
2. Land users are allowed to use space and the ground vertically from the boundary of the land plot in accordance with the provisions of law and must not affect the use of land by other people.
Thus, according to the regulations that Lawyer X has given, it can be understood that land users are allowed to use space and underground in the vertical direction. Not encroachment on or change the boundary hook of adjacent land between the parties nor affect the adjacent land of another person. At the same time, the boundaries of the land parcels are on the local boundary map, so if there is a dispute about the adjacent land that cannot be resolved by itself, the court can ask the Court where the land is located to settle the dispute. .
The court fee for land boundary disputes in Vietnam
Pursuant to Clause 2, Article 27 of Resolution 326/2016/UBTVQH14, for disputes over property ownership and land use rights, the obligation to bear first-instance civil court costs is determined as follows:
• Disputes over property ownership and disputes over land use rights that the Court does not consider the value, only considers property ownership and disputes over whose land use rights, the litigants must bear the judgment. First-instance civil costs as for cases without quotas (court cost is 300,000 VND).
• Disputes over property ownership and disputes over land use rights where the Court must determine the value of the property or determine the ownership of land use rights in part, the involved parties must bear the first civil court costs. judgement as in the case of a case with a quota for the value to which they are entitled.
Who has to pay the court fee advance or the court fee on the land boundary dispute?
Article 25. Obligation to pay first-instance civil court cost advances
1. Plaintiffs, defendants with counter-claims, persons with related interests and obligations making independent claims in civil, marriage and family, business, commercial or labor disputes must pay first-instance civil court cost advances, unless they are not required to pay court cost advances or are exempt from paying court cost advances under the provisions of this Resolution.
2. In case the case has many plaintiffs and each plaintiff has independent claims, each plaintiff must pay a court fee advance at each person’s individual request. In case the plaintiffs share the same claim, the plaintiffs must jointly pay the court fee advance.
3. In case a case has many defendants and each defendant makes an independent counterclaim, each defendant must pay a court fee advance at their own request. If the defendants share the same counterclaim, the defendants must jointly pay the court fee advance.
4. In case the case has many people with related interests and obligations who make independent claims, each person with related interests and obligations must pay a court fee advance at each person’s individual request. In case persons with related interests and obligations share the same independent claim, they must jointly pay the court fee advance.
5. In case a civil matter is suspended and the case is accepted for settlement according to the provisions of Clause 5, Article 397 of the Civil Procedure Code, the court must request the involved parties to pay a civil court fee advance for settlement. case according to the general procedure.
Thus, the person paying the court fee can understand as follows:
• Obligation to pay court cost advance: When filing a lawsuit against a land dispute, the plaintiff must pay a first-instance court fee advance (according to Clause 1, Article 25 of Resolution 326/2016/UBTVQH14).
• Obligation to bear first-instance civil court costs: Defendants must bear all first-instance civil court costs in case the plaintiff’s entire claim is accepted by the Court. In other words, if the lawsuit is won, the defendant (the person being sued) has to bear the entire first-instance civil court costs.
How to determine the court fee in a land boundary dispute case?
For disputes over land use rights, the obligation to bear first-instance civil court costs is defined in Article 27 of Resolution 326/2016/UBTVQH14 as follows:
• In case of a dispute over land use rights but the Court does not consider the value, only considers whose land use right, the involved parties shall bear the first-instance civil court costs as in the case of the case without value. ;
• In case of a dispute over land use rights where the Court must determine the ownership of the land use rights by part, the involved parties must bear the first-instance civil court costs as in the case of the case with a value for the part of the value that I enjoy.
For disputes over invalid land use right transfer contracts, the obligation to bear first-instance civil court costs is determined as follows:
• In case one party requests the recognition of the land use right transfer contract and the other party declares the land use right transfer contract invalid and both have no other requirements
• If the court declares the contract invalid, the party requesting recognition of the contract must bear the same legal costs as in the case of a non-quota civil case.
• If the Court declares that the contract is recognized, the party requesting the declaration of the contract to be void shall bear the same legal costs as in the case of a non-quota civil case.
• In case one party requests the recognition of the land use right transfer contract and the other party declares the land use right transfer contract invalid and requests the Court to deal with the consequences of the invalid contract, they must bear the unpaid court costs. quota price.
• Besides, having to perform property obligations or pay compensation for damage must bear court costs as in the case of civil cases with a value for the value of assets to be performed.
In case of dispute over the land use right transfer contract, one party requires the return of money, deposit and deposit penalty, the other party accepts to pay the deposit received and does not accept the deposit penalty, which the Court accepts the penalty. If the party does not accept the deposit penalty, the party that does not accept the deposit penalty must bear the court fee as in the case of a civil case with a value for the deposit penalty.
In case the Court does not accept the deposit penalty, the party requesting the deposit penalty must bear the court fee as in the case of a civil case with a value for the part of the deposit penalty.
In case the lawsuit cancels the land use right certificate, the involved parties must bear the first-instance civil court costs as if the case has no value.
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Please see more
- Procedure of land acquisition for project implementation in Vietnam
- Rights and obligations of households, individuals using land in Vietnam
- Procedure for partial transfer of land use rights in Vietnam
Frequently asked questions
Article 13 of Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 stipulating that the subjects entitled to reduction of civil court fees for land disputes are those who experience force majeure events resulting in insufficient assets to pay an advance. Court fees and costs (such as house fire; floods; epidemics, etc.) land dispute fees that he or she must pay.
Children who are under 16 years old (according to Article 1 – Law on Children No. 102/2016/QH13);
Individuals belonging to poor or near-poor households according to Decision No. 59/2015/QD-TTg on promulgating the multi-dimensional approach poverty line for the period 2016-2020;
Elderly people are Vietnamese citizens aged full 60 years or older and are no longer able to work (according to Article 2 – Law on Elderly No. 39/2009/QH12);
People with disabilities;
People with meritorious services to the revolution according to Clause 1, Article 2 of the Ordinance on Incentives for People with meritorious services to the Revolution, amended and supplemented with No. 04/2012/UBTVQH13;
Ethnic minorities in communes with extremely difficult socio-economic conditions;
Relatives of martyrs shall be granted certificates of martyrs’ families by competent State agencies.
Court cost is an expense for adjudicating a case prescribed by a competent state agency that the involved party must pay into the state budget. The law stipulates the level of court fees depending on the level of trial (first instance or appellate court) and the dispute.
When starting a lawsuit for a land dispute settlement case, the petitioner initiates a lawsuit (the plaintiff, the defendant has a counterclaim against the plaintiff and the person with related interests and obligations has an independent claim) shall be the one to perform the obligation to pay the court fee advance for the Court to accept the case, except for cases where the court fee advance is exempted or not required.
Conclusion: So the above is The court fee for land boundary disputes in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
