“Dear Lawyer, my family bought the land in Long An from an acquaintance 10 years ago and did not have any papers. Now that land is within the scope of the dispute. I want to ask how my case will be handled in accordance with the law? Ask a lawyer to help me“. Thank you for trusting the legal consulting service and sending questions about Lawyer X. Your case will be answered by us through the article below to help you better understand the land law as well as the law. such as clarifying the Grounds for Undocumented Land Dispute Resolution in Vietnam. We invite you to read it now!
Legal grounds
Civil Procedure Code 2015
Land Law 2013
Decree 43/2014/ND-CP
What land is considered undocumented?
According to the 2013 Land Law, a certificate of land use rights and ownership of houses and other land-attached assets is a legal document proving the lawful use of land by the land user. In case the land user does not have a certificate of land use rights, ownership of houses and other land-attached assets; Land users can present relevant documents to prove their land use according to the provisions of Article 100 of the Land Law 2013 and Article 18 of Decree 43/2014/ND-CP.
Accordingly, documents proving land use rights include:
Papers on the right to use land before October 15, 1993, issued by a competent authority;
A temporary land use right certificate issued by a competent state agency or listed in the Land Register; The cadastral book before October 15, 1993;
Lawful papers on inheritance or donation of land use rights or land-attached assets; papers on handing over houses of gratitude, houses of love attached to land;
Papers on transfer of land use rights, purchase and sale of houses attached to residential land before October 15, 1993, certified by the commune-level People’s Committee as having been used before October 15, 1993;
Papers on liquidation and valuation of houses attached to residential land; documents for purchase of state-owned houses as prescribed by law;
Papers on land use rights issued by competent agencies under the old regime to land users;
Other papers were established before October 15, 1993 according to the provisions of Article 18 of Decree 43/2014/ND-CP.
Thus, land without a land use right document is a case where the land user does not have one of the papers specified in Article 100 of the 2013 Land Law and Article 18 of Decree 43/2014/ND-CP.
Grounds for undocumented land dispute resolution in Vietnam
Clause 1, Article 91 of Decree No. 43/2014/ND-CP stipulates that land disputes without papers will be settled on the following grounds:
Evidence of the origin and history of land use presented by the parties to the land dispute;
The actual land area that the disputing parties are using in addition to the disputed land area and the average land area per person in the locality;
The suitability of the current state of use of the disputed land plot with the planning; land use plans already approved by competent state agencies;
The State’s preferential policies for people with meritorious services;
Laws on land allocation; Place for Hire; recognition of land use rights.
How to resolve undocumented land disputes
Reconcile
The State encourages the parties to land disputes to mediate themselves or; settle 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.
Accordingly, disputes over land use rights are required to go through conciliation procedures at the commune-level People’s Committees. If conciliation is not conducted at the People’s Committee; The disputing subject does not have the right to file a lawsuit at the Court to settle the dispute because it is not eligible to initiate a lawsuit under Clause 2, Article 3 of Resolution 04/2017/NQ-HDTP.
Note: For disputes related to land such as: Disputes about transactions related to land use rights and houses; Disputes over inheritance as land use rights; Disputes over common property are land use rights between husband and wife upon divorce… the parties can initiate a lawsuit directly at the Court without having to go through conciliation at the Commune People’s Committee.
Settlement of undocumented land disputes at the People’s Committee
According to the provisions of Clause 2, Article 203 of the Land Law 2013, a land dispute where the involved parties do not have a Certificate or; If the involved parties do not have one of the documents specified in Article 100 of the 2013 Land Law, the involved parties may choose to settle the dispute at the competent People’s Committee or initiate a lawsuit at the People’s Court.
In case the involved parties choose to settle their dispute at the competent People’s Committee, the dispute shall be settled as follows:
In case of disputes between households; individual; population communities together, the chairperson of the district-level People’s Committee shall settle the matter; if they disagree with the settlement decision, they have the right to complain to the President of the provincial People’s Committee or; initiate lawsuits at the People’s Court in accordance with the law on administrative procedures;
In case of a dispute where one of the disputing parties is an organization; religious establishments; overseas Vietnamese; foreign-invested enterprises, the President of the People’s Committee of the province shall settle the matter; if they disagree with the settlement decision, they have the right to complain to the Minister of Natural Resources and Environment or; initiate lawsuits at the People’s Court in accordance with the law on administrative procedures.
Settlement of undocumented land disputes at People’s Courts
If a land dispute has been conciliated at the commune-level People’s Committee, if it fails, one of the parties has the right to initiate a lawsuit to a competent court. Pursuant to Point a, Clause 1, Article 35; Point c, Clause 1, Article 39 of the 2015 Civil Procedure Code stipulates that the People’s Court of the district where the immovable property is located has jurisdiction over the subject of the dispute being immovable property.
Mediation procedures at the People’s Committee
Step 1: Submit a request for mediation
A disputing party or parties shall submit a written request for settlement of a land dispute at the People’s Committee of the commune, ward or township where the disputed land is located.
Step 2: Commune People’s Committee conducts inspection and verification of the dispute
Upon receipt of a request for settlement of a land dispute; Commune-level People’s Committees are responsible for:
Verification and verification to find out the causes of disputes;
Collect relevant papers and documents provided by the parties: on land origin, land use process and current land use status.
Set up a Land Dispute Mediation Council to conduct conciliation.
Step 3: Organize land dispute mediation
The People’s Committee of the commune, ward or township shall hold a conciliation meeting with the participation of the disputing parties; members of the Land Dispute Mediation Council and persons with related interests and obligations. Mediation can only be conducted when the disputing parties are present. In case one of the disputing parties is absent for the second time, the conciliation is considered unsuccessful.
Step 4: Make a record of land dispute conciliation
The results of the land dispute conciliation must be recorded in writing, including the following contents: Time and place of conciliation; participants in the mediation; a summary of the dispute, clearly stating the origin and time of land use in dispute, the cause of the dispute (according to the results of verification and investigation); opinions of the Land Dispute Mediation Council; contents that have been agreed or not agreed upon by the disputing parties.
Within 10 days from the date of making the minutes of successful conciliation, the disputing parties have opinions in writing different from the contents agreed in the minutes of successful conciliation; The chairperson of the commune-level People’s Committee shall re-organize the meeting of the Conciliation Council to consider and settle the additional comments and must make a record of successful or unsuccessful conciliation.
The time limit for conciliation at the Commune People’s Committee is 45 days from the date of receipt of the request for settlement of land disputes.
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Frequently asked questions
The chairperson of the district-level People’s Committee has the authority to settle disputes between households, individuals and communities.
In case the disputing parties disagree with the settlement decision of the district-level People’s Committee, they have the right to lodge a complaint with the Chairman of the provincial-level People’s Committee or initiate a lawsuit at the People’s Court in accordance with the provisions of administrative procedures.
The chairperson of the provincial People’s Committee has the authority to settle disputes between organizations, religious establishments, overseas Vietnamese, and foreign-invested enterprises.
In case the disputing parties do not agree with the settlement decision of the provincial People’s Committee, they have the right to complain to the Minister of Natural Resources and Environment or initiate a lawsuit at the People’s Court according to regulations on administrative procedures.
The competence to settle land disputes belongs to the activities of State agencies in order to settle disagreements and conflicts between the parties to find the right solutions on the basis of law in order to clearly define the rights and obligations of the land owners. both subjects in land relations.
Conclusion: So the above is Grounds for undocumented land dispute resolution in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
