Land dispute resolution is a lengthy process involving several stages. Mediation is the first and mandatory stage. After the conciliation of land disputes at the commune-level People’s Committees fails, the disputing parties are entitled to carry out the procedures to initiate a lawsuit over the land dispute. The procedure for initiating a lawsuit for a land dispute can be according to administrative procedures or civil proceedings depending on the case.
FIRST, DETERMINATE THE PLACE OF APPLICATION / WHERE HAS COMMITTEE TO SETTLE THE LAND DISPUTES PROCEDURES:
- Land disputes in which the involved parties have Certificates or one of the following papers and disputes over properties attached to land shall be settled by the People’s Courts:
- Papers on the right to use land before October 15, 1993, issued by a competent authority during the implementation of the land policy of the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of Vietnam. South Vietnam and the State of the Socialist Republic of Vietnam;
- A provisional certificate of land use right granted by a competent state agency or named in the land register or cadastral book before October 15, 1993;
- Lawful papers on inheritance or donation of land use rights or land-attached assets; papers on handing over houses of gratitude, houses of love attached to land;
- Papers on transfer of land use rights, purchase and sale of houses attached to residential land before October 15, 1993, certified by the commune-level People’s Committee as being used before October 15, 1993;
- Papers on liquidation and valuation of houses attached to residential land; documents for purchase of state-owned houses as prescribed by law.
- For a land dispute where the involved party does not have a Certificate or one of the above-mentioned papers, the involved party may only choose one of two forms of land dispute settlement according to the following provisions:
+ File a request for dispute settlement at the district-level People’s Committee in case of a dispute between households, individuals and communities. If they disagree with the settlement decision, they have the right to complain 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; or file an application at the People’s Committee of the province in case of a dispute where one of the disputing parties is an organization, religious establishment, overseas Vietnamese or foreign-invested enterprise. If they disagree with the settlement decision, they have the right to complain 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.
+ File a lawsuit at a competent People’s Court in accordance with the law on civil procedures;
Procedures for initiating a land dispute
SECOND, PROCEDURES FOR CLAIMING LAND DISPUTES AT COURT:
STEP 1: The plaintiff files a lawsuit petition at the Court where the disputed land is located, together with documents and evidences;
STEP 2: After receiving the lawsuit petition and accompanying documents and evidences, if deeming that the case falls under the jurisdiction of the Court, the Judge must immediately notify the petitioner so that they can go to the Court to carry out procedures. continue to pay court cost advances in case they have to pay court cost advances;
The judge estimates the amount of the court fee advance, records it in a notice and hands it over to the plaintiff for them to pay the court fee advance. Within 07 days from the date of receiving the Court’s notice of the payment of the court cost advance, the plaintiff must pay the court cost advance and submit to the Court a receipt for the collection of the court fee advance;
STEP 3: The judge accepts the case when the petitioner submits to the Court a receipt for the collection of the court fee advance.
In case the plaintiff is exempted or not required to pay the court fee advance, the judge must accept the case when receiving the lawsuit petition and enclosed documents and evidences.
Source: According to kiemsat.vn
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