What is a land dispute with Red Book? How to settle it?

Land disputes are an unavoidable occurrence during the land use process. These disputes come in various forms and are becoming more prevalent. Therefore, it is important to understand what constitutes a land dispute involving a red book and the procedures for resolving such disputes. For further information, refer to the article provided by NT International Law Firm.

What is a land dispute with red book?

Understanding Land Disputes:

• Definition: A land dispute arises when two or more parties disagree about their rights and obligations regarding land use.
• Red Book: This document, also known as the Land Use Rights Certificate, serves as legal proof of land ownership and rights.
• Certificate Types: Depending on the stage of ownership, different types of Red Books exist:
  • Land Use Rights: Confirms land use rights only.
  • Housing Ownership and Residential Land Use Rights: Confirms both land use and house ownership.
  • Housing Ownership: Confirms house ownership only.

Land Disputes with Red Book:

• Nature of Dispute: This type of dispute involves a conflict between the legal land user with a Red Book and other parties regarding land use rights.
• Role of Red Book: The Red Book acts as crucial evidence in such cases, solidifying the legal land use rights of the individual named on the certificate.

Importance of Red Book:

• Legal Proof: Provides official documentation of ownership and rights, strengthening the holder’s position in any dispute.
• Dispute Resolution: Serves as a key piece of evidence for authorities when resolving land-related disagreements.

In conclusion, a land dispute with a Red Book is a specific legal issue concerning the land use rights of individuals who hold this official certificate. The Red Book plays a vital role in such disputes, providing crucial evidence to validate ownership and rights, ultimately assisting in resolving the conflict.

The jurisdiction to settle land dispute with red book

What is a land dispute with Red Book?

Legal Basis:

• Clause 4, Article 202, 2013 Land Law: Conciliation at the Commune People’s Committee.
• Clause 1, Article 203, 2013 Land Law: Filing a lawsuit at the People’s Court.
• Point a, Clause 1, Article 35, 2015 Civil Procedure Code: Jurisdiction of the District People’s Court.
• Point c, Clause 1, Article 39, 2015 Civil Procedure Code: Court jurisdiction based on real estate location.

Mediation at the Commune People’s Committee:

• Mandatory procedure: All parties must attempt conciliation before proceeding to court.
• Application: Submitted to the commune-level People’s Committee where the land is located.
• Time limit: 45 days from receipt of the application.
• Minutes: Signed by the parties and confirmed by the committee.
• Outcomes:
  • Successful conciliation: The committee sends the minutes to the Department of Natural Resources and Environment for boundary changes and Red Book issuance.
  • Unsuccessful conciliation: The committee prepares a record and instructs the parties to file a lawsuit.

Filing a Lawsuit at the People’s Court:

• Jurisdiction: District-level People’s Court where the real estate is located.
• Applicable cases:
  • The parties have a Red Book or documents specified in Article 100 of the 2013 Land Law.
  • Disputes involve assets attached to the land.
• Procedures:
  • Initiate a lawsuit and submit necessary documents.
  • Provide evidence to support the claim.

Additional Notes:

• Unsuccessful conciliation at the commune level is mandatory before filing a lawsuit.
• The court’s jurisdiction is based on the location of the disputed land.
• Parties are responsible for collecting relevant documents and evidence to support their claims.

By understanding the legal basis and procedures for settling land disputes with a Red Book, individuals can navigate the process effectively and ensure their rights are protected.

The statute of limitations for filing a lawsuit in a land dispute has a red book

This part outlines the statute of limitations for filing a lawsuit concerning land disputes with a Red Book (Land Use Rights Certificate). It addresses three key scenarios:

1. Disputes about land use rights:

• No statute of limitations: According to the 2015 Civil Code and Resolution No. 03/2012/NQ-HDTP, disputes regarding who has the right to use land are exempt from the statute of limitations. This means you can sue at any time after the dispute arises.

2. Contract disputes related to land:

• 3-year statute of limitations: This applies to various contracts relating to land, including transfers, donations, leases, mortgages, and capital contributions. The clock starts ticking from the date you become aware of the violation of your rights.
• Request to apply the statute of limitations: This is optional and must be made before the First Instance Court issues its judgment.

3. Disputes over land inheritance:

• 30-year statute of limitations for real estate: Heirs have 30 years from the date of inheritance to request division of the land.
• 10-year statute of limitations for movable property: This applies to inheritance involving movable assets related to land.
• 10-year statute of limitations for confirming or rejecting inheritance rights: This allows heirs to claim their inheritance rights or contest another’s claim within 10 years.
• 3-year statute of limitations for fulfilling inheritance obligations: Heirs have 3 years from the inheritance’s opening to fulfill any obligations regarding the deceased’s property.

Key Takeaways:

• Land use disputes have no statute of limitations.
• Contract disputes related to land have a 3-year statute of limitations, but its application is optional.
• Land inheritance disputes have varying statute of limitations depending on the specific issue.

Remember, these are general guidelines, and specific legal advice may be necessary depending on the unique circumstances of your case.

The procedures of settling a land dispute with red book in Court

The procedures of settling a land dispute with red book in Court

Step 1: Prepare Lawsuit Documents:

• Petition: This document outlines your claim, the legal basis for your claim, and the relief you seek.
• Certificates of land use rights (Red Book): Original and copies for both parties.
• Minutes of conciliation at the Commune People’s Committee: Proof of attempted conciliation.
• Identity documents: Copies of your ID card/citizen ID card and household registration book.
• Other relevant documents: Any evidence supporting your claim, such as contracts, surveys, or witness statements.

Step 2: File a Lawsuit:

• Submit the petition and documents to the Court: You can submit them directly, by mail, or online via the Court’s website.
• Pay court fees: The Court may require an advance payment of court fees. You will receive a notification and have 7 days to pay.
• Correct any missing or incomplete information: If your filing is incomplete, the Court will notify you to make necessary corrections.

Step 3: Court Review:

• Judge reviews the petition: The judge determines if the case falls under the Court’s jurisdiction and if the filing is complete.
• Payment confirmation: Once you submit a receipt for the court fee advance, the case is accepted.
• Exemption from fees: If you are exempt from paying court fees, the case is accepted upon receiving your petition and documents.

Step 4: Mediation:

• Attempt to reach an agreement: The Court will try to mediate a settlement between the parties.
• Agreement decision: If an agreement is reached, the Court will issue a decision recognizing it, which takes immediate legal effect.
• Trial decision: If no agreement is reached, the Court will proceed to a trial.

Step 5: Trial:

• Presentation of evidence: Both parties present their arguments and evidence to support their claims.
• Judge’s decision: The judge issues a final decision based on the evidence and legal arguments presented.
• Appeal process: If either party disagrees with the decision, they can appeal to a higher court.

Additional notes:

• This is a general overview, and specific procedures may vary depending on the jurisdiction.
• Seeking legal advice throughout the process is highly recommended.
• Ensure all documents are accurate, complete, and submitted within the designated timeframe.
• Comply with all court orders and instructions.

By following these steps and understanding the process, you can effectively navigate a land dispute with a Red Book in court.

NT International Law Firm has addressed the question of what land dispute with a Red Book (Certificate of Land Use Rights) is and how to settle such disputes. 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