The Procedure Of Land Dispute Resolution

The value of land is on the rise, consequently leading to an increase in land disputes. The existing legislation has established numerous methods to address and settle these disputes. To discover the procedure for resolving land disputes, we can refer to the article provided by NT INTERNATIONAL LAW FIRM.

What is a land dispute?

Land disputes encompass a wide range of issues pertaining to the rights and responsibilities of parties involved in land relations. Put simply, they involve disagreements and conflicts regarding the rights and obligations of individuals in the process of land utilization, as outlined in Clause 24, Article 3 of the 2013 Land Law.

What is a land dispute?

Resolution principles in the process of resolving land disputes

Prioritizing Land Users’ Interests, Particularly Economic Benefits

Land dispute resolution should prioritize the well-being of land users, particularly by safeguarding their economic interests. This includes ensuring their continued access to land for productive purposes and providing compensation when necessary.

Promoting Self-Conciliation within Communities

Encouraging self-conciliation within communities is crucial for fostering harmonious relationships and resolving land disputes efficiently. This approach empowers community members to address issues directly, reducing reliance on external intervention.

Upholding Public Ownership of Land

The resolution of land disputes must adhere to the principle that land belongs to the entire populace, with the State acting as its representative guardian. This principle ensures that land is managed for the collective benefit of society.

Stabilizing Economy and Society through Equitable Land Distribution

Resolving land disputes contributes to economic and social stability by promoting fair and equitable land distribution. This stability fosters production development, job creation, and adherence to local planning regulations.

In summary, resolving land disputes effectively requires a comprehensive approach that prioritizes the interests of land users, promotes self-conciliation, upholds public ownership of land, and contributes to economic and social stability.

Authority Structure for resolving land disputes

The 2013 Land Law outlines a clear structure for resolving land disputes, encompassing both administrative procedures and civil proceedings.

Administrative Procedures

1. Grassroots Mediation: Commune People’s Committees serve as the first point of contact for resolving land disputes at the grassroots level. They play a crucial role in facilitating dialogue and reaching amicable settlements.

2. District and Provincial Levels: District and Provincial People’s Committees intervene in land disputes when grassroots mediation fails to resolve the issue. They possess broader authority to investigate disputes and issue binding decisions.

3. Minister of Natural Resources and Environment: In complex or highly contested land disputes, the Minister of Natural Resources and Environment may step in to provide guidance and ensure consistent application of land laws.

Civil Proceedings

When administrative procedures fail to resolve a land dispute, the competent Court assumes responsibility for adjudicating the matter through civil proceedings. The Court conducts thorough investigations, hears arguments from both parties, and issues legally binding judgments.

This two-tiered approach ensures that land disputes are addressed promptly and effectively, with the appropriate level of authority handling each case. Grassroots mediation prioritizes amicable settlements, while civil proceedings provide a structured framework for resolving complex disputes.

Authority Structure for resolving land disputes

The Procedure of Land Dispute Resolution

Land disputes can be complex and emotionally charged, requiring a structured and fair resolution process. The 2013 Land Law establishes a two-pronged approach to resolving land disputes, encompassing both self-reconciliation and resolution through administrative procedures or civil litigation.

Self-Reconciliation: Fostering Amicable Settlements

Self-reconciliation is the preferred method for resolving land disputes, encouraging parties to reach mutually agreeable solutions directly. This approach promotes harmonious relationships within communities and reduces the burden on the judicial system.

Legal Basis: Article 202, Clause 1 of the 2013 Land Law, which encourages parties to resolve land disputes through self-conciliation or grassroots conciliation.

Resolution through Administrative Procedures: Grassroots Conciliation

If self-reconciliation fails, parties can seek resolution through administrative procedures, also known as grassroots conciliation. This process involves mediation by the People’s Committees at the commune, district, and provincial levels.

Legal Basis: Article 203 of the 2013 Land Law, which outlines the process for resolving land disputes through administrative procedures at the commune, district, and provincial levels.

Commune-Level Conciliation:

• Parties submit a request for conciliation to the commune-level People’s Committee.

• Successful conciliation leads to a minutes of conciliation, which is sent to the Department of Natural Resources and Environment for land boundary changes and new Red Book issuance.

• Parties can apply to the Court to recognize the successful out-of-court conciliation.

• Failed conciliation allows parties to pursue further resolution options.

Legal Basis: Article 204 of the 2013 Land Law, which specifies the procedures and timeframe for conciliation at the commune-level People’s Committee.

Resolution Options after Failed Commune-Level Conciliation:

• Civil Procedure: Parties with a land use right certificate or assets attached to land can file a lawsuit with the People’s Court.

• Administrative Procedure: Parties without proof of land use rights can request resolution from the competent People’s Committee.

Legal Basis: Article 206 of the 2013 Land Law, which explains the options available to parties if mediation fails.

Resolution Process for Administrative Procedures:

• Chairman of the District People’s Committee resolves disputes between individuals, households, or communities.

• Chairman of the Provincial People’s Committee resolves disputes involving an organization, religious establishment, Vietnamese residing abroad, or a foreign-invested enterprise.

• Parties dissatisfied with the settlement decision can appeal to the next higher authority or initiate a lawsuit at the People’s Court.

Legal Basis: Articles 207 and 208 of the 2013 Land Law, which outline the resolution process for administrative procedures.

Conciliation Timeframe: Conciliation at the commune-level People’s Committee must not exceed 45 days from the date of receiving the request.

Legal Basis: Article 205, Clause 2 of the 2013 Land Law, which specifies the timeframe for commune-level conciliation.

Resolution through Civil Litigation:

• Parties file a lawsuit with the Court where the land is located if self-reconciliation and administrative procedures fail.

• The order for resolving land disputes at Court follows the provisions of the Civil Procedure Code.

Legal Basis: Article 39, Clause 1, Point c of the 2015 Civil Procedure Code, which establishes jurisdiction for land disputes, and the Civil Procedure Code, which outlines the procedures for resolving land disputes.

The procedure of Land Dispute Resolution

NT International Law Firm has addressed the question of what a land dispute is and the methods of settle it. If you have any further questions or concerns regarding land or real estate, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in: The 2013 Law on Land