1. Legal basis:
The legal basis governing this issue is the following legal documents:
Land Law 2013;
Decree 43/2014/ND-CP.
2. The concept of land disputes
In Article 3 of the Land Law 2013 Land dispute is defined as follows:
Land dispute is a dispute over the rights and obligations of land users between two or more parties in the land relationship.
3. What are the certificates and papers on land use rights?
That is the certificate of land use rights, ownership of houses and other land-attached assets and the papers on land use rights specified in Clause 1, Article 100 of the 2013 Land Law as follows:
Households and individuals that are using land on a stable basis 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 are not required to pay land use fees:
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, the Provisional Revolutionary Government. Republic of South Vietnam and the State of the Socialist Republic of Vietnam;
b) 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;
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;
4. Authority and order to settle land disputes when the involved parties do not have a Certificate or one of the papers on land use rights
Competence to settle disputes over land is provided for in Article 203 of the 2013 Land Law below.
Disputes that have been conciliated at the commune-level People’s Committees but failed, shall be settled as follows:
Land disputes with the approval of a Certificate or one of the papers specified in Article 100 of this Law and a dispute over property associated with land shall be settled by the People’s Court;
Disputes over land acceptance where the approval does not have a certificate or a certificate or does not have one of the types of documents specified in Article 100 of this law, the approval can only be selected in one of two forms. settle land disputes according to regulations. the following: a) File a request for dispute settlement at the Human Resources Board of the competent authority as prescribed in Clause 3 of this Article;
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File a lawsuit at a competent People’s Court in accordance with the law on civil procedures;In case the involved parties choose to settle the dispute at the People’s Committee of the competent level, the land dispute shall be settled as follows: living together, the President 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 a lawsuit at the People’s Court in accordance with the law on administrative procedures;”
So, for your case, please send a request for dispute resolution to the People’s Committee of the commune where the disputed land is located. The commune-level People’s Committee will mediate the dispute.
If the conciliation is unsuccessful and you do not have the above-mentioned Certificate or documents of land use rights, you can choose between filing a lawsuit at the competent People’s Court or filing a petition to request the People’s Committee to settle.
In case you choose to ask the People’s Committee to settle, the jurisdiction will belong to the chairperson of the district People’s Committee because this is a dispute between two households.
If you disagree with the settlement decision of the Chairman of the District People’s Committee, you have the right to appeal to the Chairman of the Provincial People’s Committee or initiate a lawsuit at the People’s Court.
In this case, the dispute settlement will be based on the alternative grounds specified in Article 91 of Decree 43/2014/ND-CP as follows:
Land disputes in cases where the disputing parties do not have a Certificate or one of the papers specified in Article 100 of the Land Law and Article 18 of this Decree, the dispute shall be settled. on the following grounds:
a) Evidence of the origin and history of land use presented by the parties to the land dispute;
b) 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;
c) The conformity of the current state of use of the disputed land plot with the land use master plan and plan already approved by a competent state agency;
d) The State’s preferential policies for people with meritorious services;
Here is our consultation. If you need more detailed advice or have questions answered on a case-by-case basis, please call Land Law Consultancy Call Center. The lawyer will explain in detail what has not been shown in this article.
5. Land law consulting service and land dispute resolution of Thai An Law
Using the service of a lawyer to advise on land is a very wise choice. You will have a better understanding of your legal rights and interests, thereby knowing how to properly handle situations related to land and housing. Please see the article Land Law Consultancy Service of Thai An Law.
In case you have problems, even disputes related to housing and land, a lawyer will help you handle those cases in the most professional and profitable way within the legal framework. You can refer to our article Initiating a Land Dispute Case .