Land disputes are quite common nowadays. When falling into this situation, many people are quite confused when they cannot find a solution. So about the matter “How to settle a land dispute when having a red book in Vietnam?” Let’s find out with LSX in the article below.
- Land Law 2013
What is a land dispute?
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.
Land dispute is the most common and complicated form of dispute today because it directly infringes upon the rights and obligations of land users.
Cases of land disputes with red books are common nowadays
Some common cases of land disputes with red books can be mentioned as follows:
• Disputes over adjacent land boundaries:
This is a case of land disputes arising between adjacent land owners. When the parties cannot determine with each other the boundaries of the division of land use rights, this dispute will arise. It is possible that one party believes that the other party has encroached upon, changed or exceeded the boundaries of its land use.
• Disputes on common path:
This is the case of a dispute when the parties cannot agree on the opening of a common passage. It may be that the parties do not reach an agreement to compensate for the opening of the common passage. Or it is possible that one party arbitrarily opens a common path on the land belonging to the other party’s land use rights. For this type of dispute, the monetary value of land use rights is not large. But the actual benefits that the parties can enjoy are very large. It can directly affect the long-term lives of the parties.
• Disputes when the land issued with the red book has the same area:
This is a fairly common situation stemming from the error of the competent State agency or not paying attention to the issuance of land use right certificates. Land that has been granted to one person is given to another. In case the two parties can agree, the two parties to this type of dispute are very low. Especially in case one party is granted a red book by purchasing land from a third party. In such situations, the parties often fight to the end to ensure their interests.
• Disputes over land for residential use:
This is the case with people who have a previous relationship. It could be brothers in the same family, relatives or even between friends. Until now, the accommodation is usually done through word of mouth, the stay time has been prolonged. The red book is issued to the grantor but can also be issued to the person receiving the accommodation. The two parties will have a dispute with each other when determining who has the right to use the land that has been granted the certificate.
• Disputes over inheritance of land use rights:
Land use right – the object of dispute in this case is the inheritance. This estate has not been inherited according to the will or according to the provisions of law, but the red book has been granted to another person. The certificate holder may be an heir or may be an unrelated person.
• Disputes over land with red book as common property of husband and wife:
In fact, when divorce, husband and wife have many disputes related to common property. The purpose of divorce is that the spouse wishes to end the marriage irretrievably. Followed by that is clear in all related issues such as children, assets, liabilities.
Therefore, it is necessary to resolve clearly so that the parties find it satisfactory with the effort spent. The most common case is a land dispute that has a book in the name of the couple. Or the dispute already has a book in the name of one of the spouses and does not want to be divided.
In case of land dispute, there is a book in the name of the household. Or in the name of parents-in-law/parents-in-law. Spouse thinks that he/she also has the effort to contribute, so it must be shared.
Types of land disputes
Disputes over land use rights
– Disputes between users about boundaries between lands, this can be a dispute about adjacent land boundaries, lanes, etc. This type of dispute is usually caused by one party arbitrarily changing the boundary or The two parties cannot determine the boundary with each other, in some cases occupying the land area of other people.
+ Disputes for reclaiming land: this is a type of dispute for reclaiming land, reclaiming properties attached to land that were previously owned by them or their relatives, but due to various reasons they no longer exist. manage and use. Now these people reclaim the person who is managing and using it, leading to a dispute.
This is a dispute arising in the process of land use unrelated to land transactions and land use right inheritance disputes. In essence, when settling this dispute, the court must determine who has the right to use the land. In this dispute, the statute of limitations does not apply.
Disputes over rights and obligations arising in the course of land use
The nature of the dispute in these cases is a civil contract dispute. These disputes can be requests for performance of contractual obligations, recognition of the validity of contracts, declaration of invalid civil transactions, etc.
Besides, another type of dispute of this type is a dispute about land use purposes: this is a type of dispute related to the determination of what is the purpose of land use; especially disputes over agricultural land and forestry land, between agricultural land and residential land in the process of allocation and use planning.
How to settle a land dispute when having a red book in Vietnam?
Methods of resolving land disputes with red books
• The State encourages the parties in the land dispute that already have the red book to negotiate and reconcile with each other. The parties involved have equal rights and obligations in the mediation
• When the parties to the dispute cannot reconcile, it can be conciliated through a mediator or the People’s Committee of the commune, ward or township. The outcome of the mediation is one of the conditions when filing a lawsuit at the Court.
• In case, when negotiating and conciliating a land dispute, but no results are achieved, the disputing parties can proceed to settle the dispute by requesting a competent authority to settle.
The land dispute lawsuit file has a red book
• Complaints should be prepared correctly and with full content according to the law
• Certificate of use right or documents specified in Article 100 of the Land Law 2013
• Minutes of conciliation at the People’s Committees of communes, wards and townships
• Identity card/Citizen identity card of the petitioner (Copy)
• Household book (Copy)
• Other relevant papers.
The file for initiating a land dispute lawsuit is specified in Article 189 of the Civil Procedure Code 2015 including the above documents.
The authority to settle land disputes has a red book
Land disputes that have been conciliated at the commune-level People’s Committees but failed, shall proceed to settlement according to Clause 1, Article 203 of the Land Law 2013, whereby, land disputes in which the involved parties have a Certificate or have a in the types of papers specified in Article 100 of this Law, the People’s Courts shall settle them.
Procedures for settling land disputes with red books
For Requests of People’s Committees of Levels Competent to Resolve
1. Step 1: Submit a request to the Commune People’s Committee to conduct mediation
2. Step 2: The chairperson of the commune-level People’s Committee is responsible for verifying, verifying, finding out the cause of the dispute, collecting relevant papers and documents provided by the parties on the origin of the land and the process of using it. land use and land use status to conduct conciliation
3. Step 3: Set up a Land Dispute Mediation Council to conduct conciliation
4. Step 4: 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. The conciliation can only be conducted when both parties are present. In case one of the parties is absent for the second time, the conciliation will be considered unsuccessful. Conciliation results must be recorded in writing
5. Step 5: Within 10 days from the date of making the minutes of successful conciliation, if the disputing parties have written opinions different from the content of the conciliation, the chairperson of the commune-level People’s Committee shall re-organize the meeting of the Council. mediation to consider and resolve additional comments and must make a record of successful or unsuccessful mediation
The order and procedures for settlement are specified in Article 88 of Decree 43/2014, amending and supplementing Clauses 27 and 28, Article 1 of Decree 148/2020 amending and supplementing a number of decrees detailing the implementation of the Land Law. 2013 and Clause 57, Article 2 of Decree 01/2017 amending and supplementing a number of decrees detailing the implementation of the 2013 Land Law.
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Frequently asked questions
Step 1: Submit a request to the Commune People’s Committee to conduct mediation
Step 2: Chairpersons of commune-level People’s Committees are responsible for verifying, verifying, finding out the causes of disputes, and collecting relevant papers and documents provided by the parties regarding the origin of land and land use process. and the current status of land use to conduct mediation
Step 3: Set up a Land Dispute Mediation Council to carry out the mediation
Step 4: 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. The conciliation can only be conducted when both parties are present. In case one of the parties is absent for the second time, the conciliation will be considered unsuccessful. Conciliation results must be recorded in writing
Step 5: Within 10 days from the date of making the minutes of successful conciliation, if the disputing parties have written opinions different from the content of the conciliation, the chairperson of the commune-level People’s Committee shall re-organize the meeting of the Conciliation Council. to consider and resolve additional comments and must make a record of successful or unsuccessful mediation
Court fee is the amount of money that an involved party must pay for a court to hear a registered land dispute case. This fee is determined on a case-by-case basis. The larger the value of the land use right, the more the court fee must be paid. This fee is determined as follows:
Court fee advance for settlement of land disputes:
According to the provisions of Article 7 of Resolution 326/2016/UBTVQH14, first-instance civil court cost advances in civil cases have no value equal to the first-instance civil court costs without quotas. This court fee advance is equal to 50% of the value of the first-instance civil court fee. This fee is estimated by the Court based on the value of the disputed property requested by the involved parties to settle. However, the minimum is not lower than the first-instance civil court fee in a non-quota civil case.
Court fees for land dispute settlement:
According 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:
Land disputes that the Court does not consider the value. The court only considers whose right to use the land. The involved parties must bear the first-instance civil court costs as if the case has no value (the court fee is 300,000 VND).
In a land dispute where the Court must determine the value of the property or determine the ownership of the land use rights in 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. the value you receive.
The State encourages the parties in the land dispute relationship that already have the red book to negotiate and reconcile with each other. The parties involved have equal rights and obligations in the mediation
When the parties to the dispute cannot be reconciled, it can be conciliated through a mediator or the People’s Committee of the commune, ward or township. The outcome of the mediation is one of the conditions when filing a lawsuit at the Court.
In case, when negotiating and conciliating a land dispute, but no results have been reached, the disputing parties can proceed with the settlement by requesting a competent agency to settle.