Advising on land disputes before 1975

Land is one of the most important and complex areas of law in vietnam's legal system. To assess what is a dispute related to the field of land, there are often many different situations, one of the typical situations of this type of dispute is the dispute of the right to use a piece of land between multiple owners and a piece of land.

We – Legal Consultants team of Legal Advice Center 1900.6512 of DFC Law Consulting would like to answer a situation related to the above issue as follows. Specifically, we would like to advise on the situation of land disputes before 1975.

Situation content: Mr.Duong The N through legal call center 1900.6512 sent to a land dispute situation before 1975, specifically about the origin of land identified before 1975 as follows:

"Before 1975, my household had land plots left by my parents in hamlet X, H commune, Y district, K. Land was laid mines, barbed wire protecting the airport base. After 1975, my household renovated the uxo and then gradually put it into stable and long-term use with the aim of growing vegetables, chickpeas, tomatoes ...

While I was studying renovation to no longer think with the Saigon government, Mr. M was my neighbor who occupied and took part of the land as a home, the rest of the land (in front of my family now) to grow fruit trees. In 1977, the State had a policy of bringing households into cooperatives. That's why I brought all the fields into the cooperative but the land of my grandparents and parents left me uns enrolled in the cooperative.

By 1984, Co-operative H recovered the land mr. Occupy from my family from the year I went to rehabilitation school for socio-economic purposes. Along with that is to transfer to Mr. M's house the land behind my house. I do not agree with the cooperative to transfer this land to Mr. M because my family has established a garden, planted fruit trees but the cooperative still conducts measurements, makes minutes and asks me to sign the minutes to transfer to Mr. M the land on which I planted fruit trees. Although I did not sign the minutes, asking if mr.M went to the back of my household, the land in front of my household as a canal was leftovers to be returned to my household but not approved by the Cooperative.

And finally in 1984, the local government used coercive land measures for Mr. M to proceed with the construction of the house and then asked me to sign the minutes but I still did not sign that record. By 2003, his son M had worked as a motorcycle repair shop on the land in front of my household – the land that in 1984, the cooperative had decided to revoke for socio-economic purposes but me and my family prevented; after that, our households have asked the local authorities, namely the People's Committee of H commune to settle but the People's Committee of H commune did not proceed with the settlement.

My view is that I disagree with the decision of Y District People's Committee to say that the land of my household has been put into the cooperative now under the management cooperative. Although, my family and I repeatedly wrote a petition asking the competent state agency at the district level to provide grounds, documents and papers proving that my land was in the cooperative but in response only received the answer is the petition asking me to go to H commune to resolve.

I filed a petition for settlement to H commune, the representative of H commune government moved to Y district to resolve and so nearly 40 years have passed. Now me and my household have to work to get the land back. I look forward to consulting a lawyer. I would like to thank you."

Contents of advice: We - The team of lawyers and consultants of DFC Law Consulting Company in relation to the online legal advice 1900.6512 received questions from Mr. Following, Lawyers of DFC Law Firm would like to advise him on the content of land dispute resolution before 1975 as follows:

First, based on the specific provisions on the order and procedures for resolving land disputes in the Land Law 2013, land disputes where the involved party does not have a certificate of right to use or papers stipulated in Article 100 of this Law, the relevant guiding documents, there are two methods of settlement , specifically:

- File a petition for dispute resolution at the competent People's Committee as provided in Clause 03, Article 203 of the Land Law 2013;

- Initiate lawsuits at competent People's Courts for settlement in accordance with the law on civil procedures.

However, no matter which way he uses either of the above, it is still necessary to pass mediation procedures in accordance with the current Land Law of 2013. Accordingly, the State encourages the parties to reconcile themselves at the facility (villages, villages, phum, squirrels, hamlets, villages ...) - i.e. talk and come up with solutions to each other.

If the mediation at the facility is unsuccessful, one of the disputeing parties will submit the application to H commune, accordingly, the next step he and Mr. M's family will conduct compulsory mediation at the H Commune People's Committee. Land. Finally, whether this compulsory reconciliation at the H Commune People's Committee is successful or unsuccessful, the reconciliation must be made in minutes and the President of the People's Committee of H commune or vice chairman of the H Commune People's Committee sign and stamp.

The above is the content of advice of the land law consulting call center 1900.6512 on the content of resolving customers' questions about resolving the situation of land disputes before 1975. If you have any problems or questions of your own, please contact the Call Center 1900.6512 for the most accurate and complete advice. Sincerely!