Can Land Dispute Be Issued a Certificate?

Many individuals are curious about whether land dispute can be issued a Certificate, sold, or developed. NT INTERNATIONAL LAW FIRM has provided an article that addresses these inquiries.

What is a land in dispute?

According to Clause 24, Article 3 of the 2013 Land Law, a land dispute arises when two or more parties within a land relationship disagree over their respective land use rights and obligations. These disputes can be categorized into three main types:

1. Disputes over Land Use Rights: These disputes involve disagreements over the rightful legal use of a particular land parcel. This category encompasses boundary disputes, inheritance and divorce-related land use rights and asset disputes, and disputes related to reclaiming land that has been lent to others but not returned.

2. Disputes over Rights and Obligations in Land Use: These disputes stem from civil transactions involving land use rights. Examples include land disputes between individuals regarding rights and obligations outlined in land transfer or lease contracts, as well as disputes concerning compensation, site clearance, and resettlement.

3. Disputes over Land Use Purpose: This type of dispute is relatively rare and focuses on determining the intended purpose of land use. Resolving these disputes is typically straightforward as the State has already established land use purposes during the land allocation process. Such disputes primarily arise when land users misuse land allocated or leased to them by the State.

Accurate classification of land disputes is crucial as the procedures for resolving land disputes differ from those for resolving land-related disputes in general.

What is a land in dispute?

Can land in dispute be issued a Certificate (Red Book)?

The issuance of Red Books (Certificates of Land Use Rights) is contingent upon whether or not the land is in dispute. This criterion is one of the essential requirements for land users to be considered for Red Book issuance by the authorities.

According to the provisions of Article 101, Article 102 of the 2013 Land Law, and Article 20 of Decree 43/2014/ND-CP, the eligibility for Red Book issuance is subject to the following conditions:

1. Stable Land Use without Violations: The land user must have been using the land stably and in compliance with land laws prior to July 1, 2004.

2. Absence of Land Disputes: At the time of Red Book issuance, there must be no ongoing land disputes associated with the land parcel.

3. Adherence to Land Use Planning: The land use must align with local land use planning and approved local detailed construction planning.

4. Fulfillment of Financial Obligations: Land users must fulfill all financial obligations arising during the land use process, including land use tax, land use fee, document appraisal fee, registration fee, certificate fee, and any other applicable charges.

Therefore, if the land is involved in a dispute at the time of Red Book issuance, the land user will not be eligible for the Red Book. The issuance of Red Books will only proceed once the land user has successfully resolved all disputes.

Additionally, for land use rights involved in transactions such as mortgages, gifts, or transfers, the condition of no dispute must also be met to proceed with the transaction (according to Article 188 of the 2013 Land Law).

Conclusion:

Land in dispute is ineligible for Red Book issuance. Only after resolving all land disputes will the land user be eligible for the initial Red Book issuance procedure.

Land in dispute is ineligible for Red Book issuance

Can land in dispute be sold?

The 2013 Land Law outlines the conditions for land users to exercise their right to transfer land use rights. According to Clause 1, Article 188 of the law, land users can transfer, exchange, lease, sublease, donate, inherit, or mortgage land use rights; contribute capital using land use rights, provided they meet the following conditions:

1. Possession of a Certificate of Land Ownership: Land users must hold a Certificate of Land Ownership, except in cases specified in Clause 3, Article 186 and inheritance cases specified in Clause 1, Article 168 of the law.

2. Freedom from Distraint: The land use rights must not be subject to distraint for the purpose of enforcing a judgment.

3. Absence of Land Disputes: The land must not be involved in any ongoing disputes.

4. Valid Land Use Term: The land must be within the valid term of use.

Conclusion:

For land users to transfer land use rights or buy and sell land, the land must be free from disputes. In other words, the current land law prohibits the sale and purchase of disputed land. This restriction is implemented to ensure the integrity of land transactions and protect the rights of all parties involved.

Land in dispute can’t be sold

Can you build anything on a disputed land?

Currently, there are no specific regulations explicitly addressing whether construction on disputed land is permissible. According to the 2014 Construction Law, construction activities are generally allowed as long as the land use purpose is appropriate and the construction adheres to the stipulated building requirements.

However, in cases where a land dispute is ongoing and a lawsuit has been filed with the Court, the party seeking to commence construction on the disputed land may face challenges. The opposing party can request the Court to issue a “Temporary emergency measure” under Article 122 of the 2015 Civil Code. This measure prohibits any actions that alter the current status of the disputed property, including construction activities.

The rationale behind this prohibition is that, with the land ownership still unresolved, allowing construction could potentially prejudice the rights of the parties involved. The Court’s primary objective is to preserve the status quo until a definitive resolution regarding land ownership is reached.

Therefore, while there may not be explicit regulations specifically prohibiting construction on disputed land, the application of temporary emergency measures effectively prevents such activities until the land ownership dispute is settled.

Can you build anything on a disputed land?

How to request for temporary emergency measures to be applied to disputed land

Individuals seeking to request the Court to implement temporary emergency measures must submit a formal application to the competent Court. The application must include the following essential elements:

1. Application Date: The date, month, and year the application is submitted.

2. Applicant Information: The full name, address, phone number, and email address (if applicable) of the individual requesting the temporary emergency measures.

3. Respondent Information: The full name, address, phone number, and email address (if applicable) of the individual against whom the temporary emergency measures are being sought.

4. Dispute Summary: A concise summary of the underlying dispute and the specific infringement of the applicant’s legitimate rights and interests.

5. Necessity for Temporary Measures: A clear explanation justifying the need for temporary emergency measures.

6. Specific Temporary Measures Requested: A detailed description of the specific temporary emergency measures being requested, such as prohibiting changes to the current status of the disputed property.

In addition to the application, the applicant must also provide relevant evidence to the Court to substantiate the need for applying temporary emergency measures to prevent alterations to the disputed property’s current state.

Land Dispute Consulting Lawyers

NT International Law Firm’s team of experienced land dispute consulting lawyers is recognized for their in-depth knowledge of land laws, extensive litigation experience in land dispute cases, and a proven track record of successfully resolving complex land disputes. They offer comprehensive legal counsel to individuals and organizations facing land disputes, guiding them through the intricacies of conciliation procedures, court proceedings, and alternative dispute resolution mechanisms.

NT International Law Firm’s land dispute consulting services encompass a wide range of legal expertise, including:

Land Dispute Consulting Lawyers

1. Consulting on Resolving Disputes over Land Use Rights

• Resolving disputes over bordering land between relatives and adjacent neighbors
• Resolving disputes about administrative boundaries between two localities, villages, and hamlets
• Handling land reclamation and occupancy issues
• Addressing claims for reclaimed land

2. Consulting on Resolving Disputes over Rights and Obligations Arising During the Land Use Process

• Providing guidance on resolving disputes related to rights and obligations in land use rights transfer transactions
• Addressing disputes demanding support, compensation, and resettlement when recovering land from the State
• Handling disputes over the right to pass through adjacent real estate, encroachment, or illegal construction

3. Consulting on Resolving Contract Disputes Related to Land

• Assisting in resolving disputes related to deposit contracts, purchase and sale contracts, land use rights contracts, land use rights donation contracts, and land use rights transfer contracts
• Addressing disputes over contractual obligations
• Providing guidance on recognizing contract validity

Consulting on Land-related Contract Disputes

4. Consulting on Resolving Other Disputes Related to Land

• Handling disputes over inheritance of land left by grandparents and parents to their children and grandchildren
• Resolving disputes about the division of common property, including land owned by husband and wife during the marriage period
• Addressing disputes about the division of land assets after divorce
• Providing legal counsel on land disputes between individuals, households, and organizations
• Guiding clients through land disputes even when the land lacks a red book
• Offering assistance with handwritten land disputes without notarization
• Providing legal support for land disputes involving certified documents
• Addressing land disputes involving absent parties
• Resolving disputes related to forest land, agricultural land, forestry land, and non-agricultural land

5. Consulting on Procedures for Resolving Land Disputes

• Providing guidance on land dispute conciliation procedures at the Commune People’s Committee
• Offering advice on initiating a land dispute at Court
• Assisting with requests to committees at all levels to resolve land disputes
• Providing guidance on procedures for complaints and appeals against administrative decisions on land
• Drafting lawsuit petition forms
• Reviewing and refining land dispute lawsuit documents
• Offering comprehensive consultation on the land dispute resolution process, including the authority to resolve land disputes

NT International Law Firm has addressed the question of whether land in dispute can be issued a Certificate. 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.

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The 2013 Law on Land