Currently, the issue of land disputes without the proofs is very common and relatively complicated. So to resolve disputes in this case will have to do how, the following article will answer these questions for readers.

I. Necessary documents for resolving land disputes

Article 100 of the 2013 Land Law stipulates the types of documents needed when considering issuing the certificates. They receive land ownership as follows:

a) Documents of land use right before October 15, 1993 issued by competent authorities during the implementation of land policies of the Democratic Republic of Vietnam and the Provisional Revolutionary Government The Republic of South Vietnam and the State of the Socialist Republic of Vietnam;

b) The certificate of temporary land use right, issued by a competent state agency or named in the Land Registration Book and Cadastral Book before October 15, 1993;

c) Legal papers on inheritance and gift of land use right or assets attached to land; papers on handover of gratitude houses and charity houses attached to the land;

d) Documents of transfer of land use right, purchase and sale of houses attached to residential land before October 15, 1993, certified by the commune-level People's Committee before October 15, 1993;

d) Papers of liquidation and price of houses attached to residential land; papers of buying state-owned houses according to the provisions of law;

f) Land use right papers granted to competent land users by competent agencies of the former regime;

g) Other papers established before October 15, 1993 according to the Government's regulations.

II. Dispute resolution by mediation

Article 202: Land dispute conciliation

1. The State encourages land dispute parties to self-mediate or settle land disputes through grassroots conciliation.

2. Land disputes which cannot be settled by the disputing parties shall be filed with the commune-level People's Committee of the disputed land for conciliation.

3. Presidents of commune-level People's Committees shall organize land dispute conciliation in their respective localities; In the course of implementation, they must coordinate with the Vietnam Fatherland Front Committees at the commune level and the Front member organizations and other social organizations. The procedure for land dispute conciliation at the commune-level People's Committee shall be carried out within 45 days from the date of receipt of a written request for land dispute resolution.

4. The conciliation must be recorded in writing with the signatures of the parties and certified by conciliation or failed mediation by the commune-level People's Committee. The record of mediation is sent to the disputing parties, filed at the People's Committee of the commune where the disputed land is located.

5. In case of successful conciliation, if there is a change in the status quo of land boundaries and land users, the commune-level People's Committee shall send a record of conciliation to the Division of Natural Resources and Environment for land dispute between households, individuals and communities; send to the Department of Natural Resources and Environment for other cases.

Division of Natural Resources and Environment, Department of Natural Resources and Environment shall submit to the People's Committee of the same level for decision on recognition of change of boundaries of land parcels and issuance of new certificates of land use rights, ownership of houses and properties. other attached to the land.

(The procedure for land dispute conciliation is also specifically guided by Article 88 of Decree 43/2014 / ND-CP and Clause 57 Article 2 of Decree 01/2017 / ND-CP).

III. Dispute resolution when irreconcilable

When mediation cannot be settled, it shall be conducted according to the provisions of law. Article 203 of the 2013 Land Law states:

2. For land disputes where the involved parties do not have a certificate or do not have any of the papers specified in Article 100 of this Law, the involved party can only choose one of two forms of land dispute settlement according to the following provisions:

a) Submit a dispute settlement request at the competent People's Committee as prescribed in Clause 3 of this Article;

b) Initiate a lawsuit at a competent People's Court in accordance with the law on civil procedures;

3. Where the involved parties choose to settle disputes at the competent People's Committees, the settlement of land disputes shall be carried out as follows:

a) In case of a dispute between a household, individual or community, the chairperson of the district-level People's Committee shall settle it; if disagreeing with the settlement decision, they may lodge a complaint to the President of the provincial People's Committee or initiate a lawsuit at the People's Court in accordance with the law on administrative procedures;

b) In case of a dispute where one party of the dispute is an organization, a religious establishment, a Vietnamese residing overseas, or an enterprise with foreign owned capital, the President of the provincial People's Committee shall resolve; if disagreeing with the settlement decision, they may lodge a complaint to the Minister of Natural Resources and Environment or initiate a lawsuit at the People's Court in accordance with the law on administrative procedures;

4. Persons competent to settle land disputes in Clause 3 of this Article must issue decisions to settle disputes. Decide

The effective resolution of disputes must be strictly observed by the parties to the dispute. If the parties do not comply, they will be enforced.

If you have any questions, please contact Dai Viet Notary Office (now Tran Hang Notary Office) / Dai Viet Law Co., Ltd for specific answers.

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