My family is currently living on the plot of land for more than 40 years now and there has been no dispute before. Recently my neighbor built a fence encroaching on my land and there was a dispute between the two sides. However, my family has not made a certificate of land use right for this land, so I don’t know if the state agency will handle it. So about the matter ‘Solving land disputes of unknown origin in Vietnam’ Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 43/2014/ND-CP
What is the origin of land use?
In the current legal documents, the term land use origin is mentioned and used, but it is not generalized or explained specifically. The origin of land use can be understood as follows: The origin of land use is the basis for determining the time, the origin of the use of a specific piece of land by the identified subject. Origin of land use is the information indicating where the land parcel was formed, this is mandatory information recorded on the new Certificate (Red Book, Pink Book).
What is a land dispute?
According to Clause 24, Article 3 of the Land Law 2013, land dispute is a dispute over the rights and obligations of land users between two or more parties in a land relationship.
From the above rules can be seen:
– Land dispute is a concept with a rather broad connotation, related to the rights and obligations of the disputing parties in land relations. In other words, land disputes are conflicts over the rights and obligations of subjects in the process of using land.
– Land disputes can be disputes over land use rights, disputes over boundaries and boundaries of land plots, contracts related to land use rights (such as deposit, promise to buy and sell, transfer, etc.) donation, mortgage, capital contribution of land use rights, etc.), disputes over inheritance and division of common estate for assets being land use rights.
It should be noted that a land dispute is a dispute between organizations, households and individuals over the disputed land area. Land disputes do not include administrative decisions and administrative acts of State agencies. If these administrative decisions and acts infringe upon the land use rights of organizations, households and individuals that they request to settle, they shall be considered as complaints about land or administrative lawsuits according to law. Administrative Procedure Law.
Conditions for granting land use right certificates
Pursuant to Article 101 of the 2013 Land Law stipulating the issuance of certificates of land use rights and ownership of houses and other land-attached assets to households and individuals that are using land without papers. about land use rights as follows:
1. Households and individuals that are using land before the effective date of this Law without the papers specified in Article 100 of this Law, have permanent residence in the locality and directly engage in agricultural production. Agriculture, forestry, aquaculture, salt making in areas with difficult socio-economic conditions, areas with extremely difficult socio-economic conditions, are now approved by the People’s Committees of communes where the land is located. If the person who has confirmed that he/she has used land stably and without dispute, he/she shall be granted a certificate of land use rights and ownership of houses and other land-attached assets and shall not be required to pay land use levy.
2. Households and individuals currently using land do not have the papers specified in Article 100 of this Law, but the land has been used stably before July 1, 2004 and has not violated the land law. , is now certified by the commune-level People’s Committees as undisputed land, in accordance with the land use planning, urban construction detailed planning, rural residential area construction planning approved by the state housing authority. If the country has the authority to approve the planning, the certificate of land use rights and ownership of houses and other land-attached assets will be granted.
3. The Government shall detail this Article”.
Solving land disputes of unknown origin in Vietnam
Pursuant to Articles 202 and 203 of the 2013 Land Law, Decree 43/2014/ND-CP stipulates the order of settling land disputes, including the following main steps:
Settlement of land disputes
The State encourages the parties to land disputes to conciliate themselves or to resolve land disputes through grassroots conciliation. In case the disputing parties cannot conciliate, they shall send an application to the commune-level People’s Committee of the place where the disputed land is located for conciliation.
Procedures for conciliation of land disputes at commune-level People’s Committees shall be carried out within 45 days from the date of receipt of a written request for settlement of land disputes. The conciliation must be made in writing, signed by the parties and certified by the commune-level People’s Committee on successful or unsuccessful conciliation.
In case a land dispute has been unsuccessfully conciliated at the commune-level People’s Committee, it shall be settled as follows:
First, the land dispute in which the involved parties have a Certificate or one of the papers specified in Article 100 of this Law and the dispute over property on land shall be settled by the People’s Court;
Second, in a land dispute where the involved party does not have a Certificate or one of the papers specified in Article 100 of this Law, the involved party may only choose one of two forms of land dispute settlement according to the following provisions:
According to Clause 2, Article 203 of the 2013 Land Law, there are 02 forms of land dispute resolution when there is no red book, including:
• File a request for dispute settlement at the competent People’s Committee.
• File a lawsuit at a competent People’s Court in accordance with the law on civil procedure.
Procedure for making a request for settlement of a land dispute
File a request for dispute settlement at a competent People’s Committee
According to Article 89 of Decree 43/2014/ND-CP (amended by Decree 148/2020/ND-CP), the order of implementation of request for settlement of land disputes is regulated as follows:
Step 1: Submit your application
• Households and individuals submit dossiers to the district-level People’s Committees
• Organizations, religious establishments, overseas Vietnamese, foreign-invested enterprises shall submit dossiers at the provincial People’s Committees
Step 2: Receipt of application
In case of receiving incomplete or invalid dossiers, within 03 working days, the dossier-receiving and processing agencies must notify and guide the dossier-submitters to supplement and complete the dossiers as prescribed.
Step 3: Settlement of land dispute claims
• The Chairman of the People’s Committee of the district/province assigns the responsibility of the advisory body to solve the problem
• The advisory body has the following tasks:
• Verify and verify the case, organize conciliation between the disputing parties, organize meetings of relevant departments and agencies to advise on settlement of land disputes (if necessary)
• Complete the dossier and submit it to the Chairman of the provincial/district People’s Committee to issue a dispute settlement decision.
Step 4: Results of land dispute settlement
• Chairman of the People’s Committee of district/province shall issue a decision on dispute settlement or decision on recognition of successful conciliation and send it to the disputing parties.
In case the disputing parties do not agree with the settlement decision of the People’s Committee of the competent level, they have the right to complain to the People’s Committee of the immediate superior, the Minister of Natural Resources and Environment or initiate a lawsuit at the People’s Court according to the provisions of legal proceedings. administrative.
File a lawsuit at a competent People’s Court
– First, the petitioner files a lawsuit at the Court where the disputed land is located. The lawsuit petition must contain all the contents as prescribed in Article 189 of the 2015 Civil Procedure Code.
– Second, after completing the lawsuit file, the plaintiff shall pay the court fee advance and submit the receipt of the court fee advance to the Court.
– Third, the Court accepts the case and conducts conciliation procedures.
– Fourth, in case of unsuccessful conciliation, the Court shall decide to bring the case to first-instance trial and issue a judgment or decision.
– Fifth, in case of disagreement with the first-instance judgment or decision of the Court, the parties have the right to appeal or protest against the first-instance judgment that has not yet taken effect according to appellate procedures.
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Please see more
- Regulations on land valuation of banks in Vietnam
- Time for district-level land use planning in Vietnam
- Procedure for partial transfer of land use rights in Vietnam
Frequently asked questions
The parties requesting the settlement of a land dispute shall prepare the following documents:
Application for settlement of land disputes;
Minutes of conciliation at the commune-level 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 process of dispute settlement;
Proposal report and draft decision on dispute resolution or draft decision on recognition of successful mediation.
When one or the parties to the dispute fail to implement the effective land dispute settlement decision even though it is mobilized and persuaded by the People’s Committee of the commune or the Fatherland Front Committee of the commune where the dispute is located, the enforcement action will be carried out. land dispute settlement under Clause 4, Article 203 of the 2013 Land Law.
Pursuant to Article 27 of Resolution 326/2016/UBTVQH14 stipulating the court fees for handling land disputes as follows:
For disputes over property ownership and disputes over land use rights, the obligation to bear first-instance civil court costs is determined as follows:
In case the Court does not consider the value, only considers the property ownership and disputes over whose land use rights, the involved parties must bear the first-instance civil court costs as in the case of the case without value. ;
In case the Court has to determine the value of the property or determine the ownership of the land use rights in parts, the involved parties must bear the first-instance civil court costs as in the case of a case with a value for the part of the value that they have received. inherit.
For disputes over invalid property purchase and sale contracts or land use right transfer, the obligation to bear first-instance civil court costs is determined as follows:
In case one party requests the recognition of the contract of sale and purchase of property, the transfer of land use rights and the other party requests the declaration that the contract of sale and purchase of the property and the transfer of land use rights is invalid and neither requires any other; if the Court declares the contract invalid, the party requesting recognition of the contract shall bear the same legal costs as in the case of a non-quota civil case; if the Court declares to recognize the contract, the party requesting the declaration of the contract to be void shall bear the court costs as in the case of a non-quota civil case;
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