Order of reconciliation and settlement of land use right disputes

Until now, land is a very complex issue that requires a satisfactory order of resolving land disputes in accordance with the law. In accordance with the Law on Land 2013 and the documents under the relevant guidance law, the procedures for resolving land disputes are recorded very fully and in detail.

Currently, land dispute resolution procedures are one of the important legal services that legal bodies such as companies and enterprises in the field of law consult land disputes and litigation.

Coming to DFC Law Consulting Company, consulting services to solve disputes related to the field of land, how to resolve land disputes will be the leading consultants and litigation experts, experienced to help you.

And to clarify issues related to settlement procedures and issues related to land use rights disputes, DFC Law Consulting would like to send you the following article:

If you have any questions about the law related to the land dispute, you can contact the land legal advice center 1900.6512 for answers from DFC's lawyers.

Legal grounds

• Civil Code 2015 of the National Assembly of the Socialist Republic of Vietnam;

• The 2015 Civil Procedural Code of the National Assembly of the Socialist Republic of Vietnam;

• Land Law 2013 of the National Assembly of the Socialist Republic of Vietnam;

• Decree No. 43/2014/ND-CP provides detailed guidance on some provisions of the Land Law 2013.

Contents of consultation

1. Consulting services for land dispute resolution procedures is one of the legal services of DFC Law Consulting Company

DFC Law Consulting is a legal body operating in the field of law. Founded in 2004, over 15 years of establishment and development, DFC is a prestigious and reliable address for customers. With the motto of taking customers' trust as the motivation for DFC's operation. DFC provides professional legal services in the areas of daily law: criminal, civil, inheritance, marriage and family, labor, insurance ... Including areas related to land law including consulting lawyers and litigation lawyers in court.

DFC lawyers advise on land disputes

You can choose lawyers consulting services through the online call center 1900.6512 or contact to schedule work right at the headquarters and branch of the company.

• In the North, the company's head office is located at No. 03, Lot 01, Adjacent 27/28 Duong Noi, Le Trong Tan Road, Ha Dong District, Hanoi City
• In the South, there are branches based in No. 16, No. 01 Street, KDC Cityland, Tan Phu Ward, District 7, Ho Chi Minh City.

In addition to legal counsel services, DFC also provides clients with litigation services in the field of land in general and procedures for resolving land disputes in particular. With a large team of lawyers, experienced in resolving disputes, DFC will be a reputable and responsible center in solving your problems.

2. Order of land dispute mediation

According to Clause 25 Article 3 of the Land Law 2013, the law on land disputes is understood as a dispute over the rights and obligations of land users between two or more parties in land relations. Article 202 of the Land Law 2013 has included the following steps:

• Step 01:Land users who have disputes over land use rights and obligations are encouraged by the State to self-mediation at the facility or conduct mediation on their own. For example, land users agree to median with each other in the witness of village chiefs, street population group heads... This mediation process is not required.
• Step 02:If the mediation at the facility or self-mediation is unsuccessful or the parties do not conduct the mediation at the facility, the land users will send the application to the People's Committee of the commune, ward or town where the land is located for mediation. If the mediation at the commune-level People's Committee is unsuccessful but the parties take the dispute case to the competent People's Court for settlement, this is a compulsory mediation process.

Note: Thecompetence to mediaize land disputes at commune, ward and town-level People's Committees belongs to the President of the People's Committee of that level and has coordination with other political and social organizations.

3. The process of initiating land disputes in case of red book and no Red Book

In order to initiate a lawsuit against a land dispute in accordance with the civil procedure law on land recognized in the current Civil Procedure Code 2015, a record of land dispute reconciliation is required at the Commune-level People's Committee where such property is located in accordance with the land dispute resolution process. The minutes of unsuccessful commune-level land dispute reconciliation are settled as follows:

3.1. The process of initiating a land dispute lawsuit in the event of a Red Book

According to the provisions of Clause 1, Article 203 of the Land Law 2013, the provisions on the law on land disputes in which the involved party has a Red Book (i.e. a certificate of land use rights) or have one of the papers specified in Article 100 of the Land Law 2013 and disputes over property attached to the land, the jurisdiction to settle such land disputes belongs to the People's Court. Specifically, according to Article 39 of the Civil Procedure Code 2015, the People's Court where the property is located.

Regarding the dossier, the documents necessary to initiate a lawsuit against the land dispute include the following documents: the petition for the case of land dispute; land use papers prescribed under Article 100 of the Land Law 2013; people's identity cards or people's identity cards or other legal papers of alternative effect; minutes of unsuccessful land dispute mediation signed by both parties and certified by the commune-level authorities where such disputed real estate is located...

Regarding the order of procedures for settlement: after the land dispute lawsuit file is complete with the above documents, the petitioner of the land dispute will file the dossier at the District People's Court where the property is located in one of the following ways (filed directly in court, filed by post, submitted through the court's website if any). After considering that the dossier is complete and reasonable, the Court will receive and settle it in accordance with the law on civil procedure.

3.2. The process of initiating a land dispute lawsuit in the event that there is no Red Book

In Clause 2, Article 202 of the Law on Land 2013, in case of land disputes without red book (i.e. without certificate of land use rights) or papers specified in Article 100 of the Land Law 2013, the parties to the dispute may choose only one of the following forms of settlement without simultaneously applying both forms of settlement:

File a petition for dispute resolution at the People's Committee at the competent level to settle:

• Where land disputes occur between households, individuals and communities, the jurisdiction for settlement belongs to the President of the district-level People's Committee. If disagreeing with the settlement of the President of the district-level People's Committee, the disputed parties may lodge a complaint with the provincial-level People's Committee or initiate a lawsuit related to the administrative decision to the competent People's Court.

• Where land disputes occur between parties in which one of the parties to the dispute is an organization, a Vietnamese residing abroad, an enterprise with a foreign element or a religious basis, the jurisdiction to settle belongs to the President of the Acute People's Committee. If disagreeing with the resolution of the President of the provincial People's Committee, the disputed parties may lodge a complaint with the Minister of Natural Resources and Environment or initiate a lawsuit related to the administrative decision to the competent People's Court for settlement.

To initiate lawsuits against land disputes to courts competent to settle them in the order and procedures noted in the current civil procedure law.

4. The time of initiating a land dispute lawsuit

The time limit for initiating a land dispute is the time limit by which the land disputeees are entitled to initiate a lawsuit to request the court to settle a land dispute case in order to protect their legitimate rights and interests. And if that deadline ends, those land dispute people have no right to sue.

For the time period for initiating a land dispute, in accordance with Article 155 of the Civil Code 2015, the time period for initiating a lawsuit against the land use right dispute is not applied in accordance with the Land Law.

Hope the above article is useful to you. Sincerely!