What Procedures for Conciliation and
Settlement of Land Dispute?
Land dispute is one of the most complicated problems which arises
regularly in daily life in Vietnam. Land dispute is very diverse, which may be
dispute over land use right, ownership of house attached to land use right
related to inheritance, divorce, transfer and transformation transaction,
leasing, sub-leasing, mortgage, etc.
What is land dispute?
Land dispute means a dispute over the rights and obligations of
land users among two or more parties in a land relationship.
In case of conflict over land, what should
parties do to settle dispute?
Land dispute can be settled in two resolutions, in court or
settlement procedures at state administrative agencies.
Firstly, no matter what resolution parties choose, conciliation
procedure at commune-level People’s Committee of the locality where the
disputed land is located is mandatory condition and procedure. In particular,
if conciliation by parties cannot be achieved, the parties may send a petition
for conciliation to the commune-level People’s Committee of the locality where
the disputed land is located. The conciliation procedure carried out at the
commune-level People’s Committees shall be completed within 45 days from the
date which the commune-level People’s Committees receives a petition for
settlement of land dispute. The conciliation may take
place only when all the disputing parties are present. If any of the disputing
parties is absent for the second time, the conciliation shall be regarded as
unsuccessful.
If the conciliation at a commune-level People’s Committee fails,
land dispute shall be settled according to one of the following two cases.
Firstly, the land dispute in which the party possesses a certificate or any of
the papers prescribed in Article 100 of Land law and the dispute over assets
attached to land shall be settled by the People’s Court.
Secondly, regarding the land dispute in which the party does not possess above
papers, the parties may choose between the following two options of settlement:
filing a written request for dispute settlement with a competent People’s
Committee or filing a lawsuit with a competent People’s Court in accordance
with the law on civil procedures.
Regarding the second case, when the party choose to settle at
competent People’s Committee, the chairperson of the district-level People
Committee is responsible for the settlement of disputes among households,
individuals and communities. If the parties disagree with the settlement
decision, they are entitled to claim with the chairperson of the
provincial-level People’s Committee or to file a lawsuit at a People’s Court in
accordance with the law on administrative procedures.
In case one party is an organization, a religious institution, an
overseas Vietnamese or a foreign-invested enterprise, the chairperson of the
provincial-level People’s Committee is responsible for the settlement. If the
parties disagree with the settlement decision, they are entitled to file claim
with the Minister of Natural Resources and Environment or to file a lawsuit
with a People’s Court in accordance with the law on administrative procedures. It should be noted that the legally effective decision
on dispute settlement must be strictly abided by the parties. If the parties
fail to comply, the decision shall be enforced.
The settlement of land disputes in
which the disputing parties have no certificate or any of the papers prescribed
in Article 100 of the Land Law and Article 18 of Decree 43/2014/ND-CP detailing
a number of articles of the land law shall be based on the following grounds: Evidences
on the origin and use process of the land presented by the disputing parties;
Actual land areas currently used by the parties in addition to the disputed
land area and the average land area per household member in the locality;
Conformity of the current use status of the disputed land with land use plans
already approved by competent state agencies; Preferential treatment policies
toward persons with meritorious services to the State; Regulations on land
allocation, land lease and land use rights recognition.
It is suggest to consult with land dispute lawyers in Vietnam for
advice and representation at early stage for dispute avoidance or dispute
resolution.
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