Regulations on land origin disputes in Vietnam

My grandmother bought the land 20 years ago. Because my grandmother did not know anything about the law, people sold my grandmother to buy it without knowing the origin of the land. Now, if there is a dispute, how will my grandmother handle it according to the law? Ask a lawyer to help me.

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Legal grounds

• Land Law 2013

The concept of the origin of the land

Origin is understood as the place where the source gives birth to a person or creates a specific thing or phenomenon. Therefore, the origin of land is understood as the basis for verifying the time, time, and cause of formation on a specific piece of land, with clear boundaries and characteristics. The origin of land is a mandatory information that must be recorded on the certificate of land use right (also known as red book, pink book).

Soil origin classification

There are many ways to classify soil origin. The classification of land origin in Vietnam is mainly based on the provisions of the Land Law 2013, mainly based on the types of documents proving the origin, including two main types: land with papers and land without land. proof of origin documents.

Land with papers on land use rights (defined in Article 100 of the 2013 Land Law) as follows:

Article 100. Issuance of certificates of land use rights and ownership of houses and other land-attached assets to households, individuals and residential communities currently using land with land use right papers

1. Households and individuals that are using land stably and have one of the following papers shall be granted a Certificate of land use rights and ownership of houses and other land-attached assets and not land use levy must be paid:

a) Papers on the right to use land before October 15, 1993, issued by a competent authority during the implementation of the land policy of the Democratic Republic of Vietnam and the Provisional Revolutionary Government. Republic of South Vietnam and the State of the Socialist Republic of Vietnam;

b) A temporary land use right certificate issued by a competent state agency or named in the land register or cadastral book before October 15, 1993;

c) 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;

d) 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 being used before October 15, 1993;

f) Papers on liquidation and valuation of houses attached to residential land; documents for purchase of state-owned houses as prescribed by law;

e) Papers on land use rights granted to land users by a competent agency under the old regime;

g) Other papers established before October 15, 1993 according to the Government’s regulations.

2. Households and individuals that are currently using land have one of the papers specified in Clause 1 of this Article in which another person’s name is written, enclosed with a signed document on the transfer of land use rights. of related parties, but before the effective date of this Law, the procedures for transferring land use rights have not been carried out in accordance with law and there is no dispute, the Certificate of land use right shall be granted. land, ownership of houses and other land-attached assets and without having to pay land use levy.
3. Households and individuals may use land according to judgments or decisions of people’s courts, judgment enforcement decisions of judgment enforcement agencies, written recognition of successful conciliation results, and settlement decisions. If disputes, complaints and denunciations about land by a competent state agency have been executed, they shall be granted a Certificate of land use rights and ownership of houses and other land-attached assets; in case financial obligations have not been fulfilled, they must comply with the provisions of law.
4. Households and individuals that are currently using land allocated or leased by the State from October 15, 1993 to the effective date of this Law, but have not yet been granted a Certificate, shall be granted a Certificate. land use rights, ownership of houses and other land-attached assets; in case financial obligations have not been fulfilled, they must comply with the provisions of law.
5. Communities currently using land whose works are communal houses, temples, shrines, temples, houses of worship, and houses of worship; agricultural land specified in Clause 3, Article 131 of this Law and that land is not disputed and certified by the commune-level People’s Committee of the locality where the land is located as common use land for the community, shall be granted a certificate of land use right. land, ownership of houses and other land-attached assets.

Land without papers on land use rights (defined in Article 101 of the Land Law) is as follows:

Article 101. Issuance of certificates of land use rights and ownership of houses and other land-attached assets to households and individuals currently using land without land use right documents

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.

Competence and procedures for settling disputes over land origin

The determination of the type of dispute is extremely important in determining the procedures, the competent authority to settle, and the statute of limitations for dispute settlement.

Grassroots conciliation in the process of settling land disputes

Solution form

For land disputes, it will be governed by the Land Law, specifically:

Dispute settlement procedures will be prescribed in the Land Law, forced conciliation at the People’s Committees of communes (commune, ward, township); If there is no conciliation and lawsuit is filed at the Court, the Court will return the petition. In case the disputed land has a certificate or a paper on land use right, the agency competent to settle it will be different from having no papers.
For disputes related to land, mainly the statute of limitations for settlement will be prescribed by the Civil Code, the settlement procedure will follow the general procedure, not the procedure of the Land Law. The parties can initiate lawsuits directly at the Court without having to go through the mediation mechanism.

Basic mediation procedures

According to the provisions of Article 202 of the Land Law 2013, when a land dispute occurs, the State encourages the parties to the land dispute to conciliate themselves or settle the land dispute through grassroots conciliation.
If in the case of a land dispute, the disputing parties cannot conciliate, they shall send an application to the commune-level People’s Committee of the locality where the disputed land is located for conciliation. This is a mandatory step, requiring the parties to perform before submitting to the Court for settlement.

Jurisdiction of the Court

Only after the parties have carried out the conciliation procedures at the grassroots but the conciliation results are unsuccessful, according to the provisions of the Civil Procedure Code, the jurisdiction of the Court will be determined as follows:

At the court level, the local district-level People’s Courts will have jurisdiction to settle land disputes. But in some cases, the personal court of the province may consider moving the case from the district up for settlement.
Regarding the territory, the people’s court where the real estate is located will have jurisdiction, not according to the mechanism of agreement of the parties. This comes from the purpose of making it easier for the Court to identify and collect the grounds of real estate in their locality, reducing the time for proceedings and service.

Settlement of disputes when the origin of land cannot be proved

Papers proving the origin of land use in land disputes

In cases where it is not possible to provide a certificate of land use right, the origin of arable land, the law still recognizes and recognizes the grounds shown through the following documents:

The papers on the right to use the land from time to time are provided by the competent state agency;
A temporary certificate of land use right granted by a competent state agency or named in the land register or 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 being 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 types of papers were established before October 15, 1993 according to the Government’s regulations.
In the case of a land dispute where the involved party does not have a Certificate or one of the above papers, the involved party may only choose one of two forms of land dispute settlement according to the following provisions:

File a request for dispute settlement at a competent People’s Committee;
File a lawsuit at a competent People’s Court in accordance with the law on civil procedure.

Please see more

• Procedure of land acquisition for project implementation in Vietnam
• Sequence of recovering encroached land in Vietnam
• Land valuation income method in Vietnam

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