When it comes to land disputes, most of the parties in the dispute are interested in the statute of limitations for initiating lawsuits. Regulations on land law will vary depending on the type of dispute, but the statute of limitations for initiating a lawsuit will vary. So about he matter “Solving land disputes without statute of limitations in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Civil Procedure Code 2015
What is the statute of limitations?
Article 184 of the 2015 Civil Procedure Code stipulates that the statute of limitations for initiating lawsuits and the statute of limitations for requesting the settlement of civil matters shall comply with the provisions of the Civil Code.
According to Article 149 of the 2015 Civil Code, the statute of limitations is as follows:
• A statute of limitations is a time limit prescribed by law, upon the end of which, legal consequences arise for the subject under the conditions prescribed by law. Duration is a defined period of time from one point of time to another.
• The court only applies the statute of limitations upon a request to apply the statute of limitations by one party or parties, provided that this request must be made before the first-instance Court issues a judgment or decision to settle the case. , job. Persons benefiting from the application of the statute of limitations have the right to refuse the application of the statute of limitations, unless such refusal is for the purpose of evading the performance of an obligation.
The statute of limitations for initiating a lawsuit is the time limit during which the subject is entitled to initiate a lawsuit to request the court to settle the civil case to protect the infringed lawful rights and interests; if such time limit expires, the right to initiate lawsuits shall be lost as prescribed in Clause 3, Article 150 of the Civil Code 2015.
In which cases does the statute of limitations apply to initiate a land dispute?
In case of dispute over land use rights under the provisions of the Land Law (Dispute over land use rights under the provisions of land law is a dispute over who has the right to use that land as prescribed at Point a. c Clause 2, Article 23 of Resolution No. 03/2012/NQ-HDTP), according to Article 155 of the Civil Code 2015 the statute of limitations for initiating lawsuits does not apply.
This means that in disputes over land use rights, when one of the parties realizes that his/her rights and interests are infringed at any time, he/she has the right to file a request for dispute settlement. in accordance with the law because the statute of limitations for initiating a lawsuit in this case is not considered and applied.
The statute of limitations for initiating lawsuits for other land-related disputes
Also based on Article 23 of Resolution No. 03/2012/NQ-HDTP dated on: For civil disputes where the legal document provides for the statute of limitations for initiating lawsuits, the prescribed statute of limitations shall apply. in that legal document.
Whereby:
• In Article 429 of the Civil Code 2015: For civil disputes arising from civil transactions (land use right transfer contract, land use right lease contract, land use right sublease contract), The statute of limitations for initiating a lawsuit to request the Court to settle a contract dispute is 03 years from the date the person with the right to claim knows or ought to know that his/her lawful rights and interests have been infringed.
• According to the provisions of Article 623 of the 2015 Civil Code: For a land dispute that is an inheritance, the statute of limitations for the heir to request the division of the estate is 30 years from the time of opening the inheritance. The statute of limitations for an heir to request confirmation of his or her inheritance or to reject another’s inheritance is 10 years from the time of opening the inheritance. The statute of limitations for requesting an heir to fulfill obligations regarding the property left behind by the deceased is 03 years from the time of opening the inheritance.
How does the statute of limitations begin?
The statute of limitations for initiating a lawsuit over a land dispute is counted from the date the claimant knows or should know that his/her lawful rights and interests have been infringed, unless otherwise provided for by law. The statute of limitations for requesting the resolution of a civil matter shall be counted from the date of arising of the right to request, unless otherwise provided for by law.
How to calculate statute of limitations and provisions of law related to statute of limitations for initiating lawsuits
The statute of limitations is determined from the first day of the statute of limitations and terminates at the end of the last day of the statute of limitations. The statute of limitations for initiating a civil lawsuit is counted from the date the person with the right to claim knows or should know that his/her lawful rights and interests have been infringed, unless otherwise provided for by law.
The following cases do not apply the statute of limitations for initiating lawsuits:
– Request to protect personal rights not attached to property;
– Request for protection of property rights, unless otherwise provided by this Code or other relevant laws
– Disputes over land use rights according to the provisions of the Land Law;
– Other cases prescribed by law.
The following cases are not included in the statute of limitations for initiating a lawsuit:
– Case of force majeure; There is no representative in case the person with the right to initiate a lawsuit or the person with the right to claim is a minor, has lost his/her civil act capacity, has difficulty in cognition, behavior control or has limited capacity. civil actions.
The statute of limitations for initiating a lawsuit will be recalculated from the beginning when one of the following events occurs:
– The obligor has admitted part or all of his obligations towards the petitioner;
– The obligor admits or partially fulfills its obligations towards the petitioner;
– The parties have reconciled themselves with each other.
When any of the above events occurs, the statute of limitations for initiating a lawsuit is recalculated from the next day of the date of occurrence of the event.
Solving land disputes without statute of limitations in Vietnam
For disputes over land use rights, the law does not stipulate the statute of limitations for initiating lawsuits under Clause 3, Article 155 of the 2015 Civil Code.
Article 155. No statute of limitations for initiating lawsuits
The statute of limitations does not apply in the following cases:
1. Request for protection of personal rights not attached to property.
2. Request for protection of property rights, unless otherwise provided for by this Code or other relevant laws.
3. Disputes over land use rights in accordance with the Land Law.
4. Other cases prescribed by law
For a land dispute that is not a land use right dispute, when the statute of limitations expires, the plaintiff must apply Article 156 of the Civil Code to restore the statute of limitations for initiating a lawsuit. The statute of limitations for initiating a lawsuit can be understood as the period of time that the law allows the involved parties to have the right to initiate a lawsuit to protect their legitimate rights and interests. If the statute of limitations expires and the litigant does not initiate a lawsuit, the right to initiate a lawsuit will be forfeited. However, not in any case when the statute of limitations expires, the involved parties cannot initiate a lawsuit.
The statute of limitations for initiating a civil case has been restarted
Article 157. Restarting the statute of limitations for initiating a civil lawsuit
1. The statute of limitations for initiating a civil lawsuit begins again in the following cases:
• a) The obligor has admitted part or all of its obligations to the petitioner;
• b) The obligor admits or partially fulfills its obligations towards the petitioner;
• c) The parties have reconciled themselves with each other.
2. The statute of limitations for initiating a civil lawsuit begins again from the day following the date of occurrence of the event specified in Clause 1 of this Article.
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Frequently asked questions
Lawsuits are the way many people choose to settle land disputes. The Court’s decision is the highest legal document to resolve this type of dispute. However, the procedure to initiate a land dispute is also quite complicated, not everyone understands. To be able to resolve a dispute by way of the Court, you need to know the following issues:
The statute of limitations for initiating a lawsuit on a land dispute case;
Authority to settle land disputes;
Dispute legal relations;
The status of the parties in the land dispute case;
The provisions of the Law on Content related to disputes.
Collect and evaluate the legal value of documents and evidence.
Proceedings in Court.
Court litigation skills.
The subject matter of a land dispute is the right of management, the right to use and the benefits arising from the use of a special type of property not under the ownership of the disputing parties;
The subject of land dispute is only the subject of land management and use, has 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 cannot exercise its rights, thereby affecting the performance of obligations towards the state.
According to Clause 24, Article 3 of the 2013 Land Law, a land dispute is a dispute over the rights and obligations of land users between two or more parties in a land relationship. In this concept we need to note: the object of the land dispute is not the ownership of the land, the parties to the dispute are not the owners of the land. This is undisputed because Article 53 of the 2013 Constitution or Article 4 of the 2013 Land Law clearly stipulates that land belongs to the entire people, and is managed by the State on behalf of the owner and uniformly managed.
Conclusion: So the above is Solving land disputes without statute of limitations in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
