At the time of settlement of the land use right dispute, the household members have changed compared to the time of issuance of the land use right certificate. What is the obligation to participate in the proceedings?
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In Document No. 01/2017/GD-TANDTC dated April 7, 2017 TANDTC answered this issue as follows:
In Clause 29, Article 3 of the 2013 Land Law, it stipulates: “Households using land are those who use land. have marital, blood, and nurturing relationships in accordance with the law on marriage and family, are living together and have the right to use common land at the time they are allocated or leased land by the State, or have their rights recognized by the State. using land; receive the transfer of land use rights ”. When settling civil cases that need to identify members of a household with land use rights, it should be noted that:
– The time to determine how many members a household has with land use rights is the time when land allocation, land lease, recognition of land use rights; transfer of land use rights.
– The determination of who is a household member must be based on the application for a land use right certificate. In case of necessity, the Court may request the People’s Committee competent to issue the land use right certificate to identify the household members at the time of granting the land use right certificate to serve as a basis for settlement. cases and bring them to participate in the proceedings as persons with related interests and obligations.
When settling a civil case, in addition to those who are members of households with land use rights, the Court must appoint persons who are directly managing and using the household’s land and persons who have contributed to the work. increase the value of land use rights or assets on land to participate in the proceedings as a person with related rights and obligations.
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