Land disputes that basis

Land disputes that basis

1. Resolving land disputes red book

Disputes arising from land relations increasingly take place diverse and complex. The land dispute is the page red book arising from land relations including land use rights that have been granted land use right certificates.

We provide services solve land disputes red book in cases of land disputes after the red book:

Disputes over land use rights have been granted land use right certificates;

Land Dispute Settlement determine the rights and obligations of the parties to the contract for the transfer, conversion, donation, land mortgage - housing;

Settlement of disputes inheritance, marital property dispute

Resolving disputes requires land, housing

Resolving land disputes about boundaries, boundaries of land - housing;

Resolving land disputes about division of common property or property the couple's land - housing;

Resolving Disputes over compensation and resettlement when the State recovers land, property on the land;

Resolving land disputes about business cooperation and contribute capital using land use rights, property on the land ....

2. The provisions on the settlement of land disputes

Land disputes often are disputes arising between land users with state agencies or between those who use the land together, the evolution of land disputes are quite diverse and complex. Currently, the law provides for the settlement of land in which mediation is a required step when land disputes arise. In Article 202 of the Land Law 2013 stipulates:

"first. The state encourages the parties to a land dispute mediation or settlement of land disputes through mediation at the grassroots.

2. Land disputes which the parties can not resolve the dispute shall be referred to the People's Committee of the commune where the land dispute to mediation.

3. The chairman of the commune People's Committees are responsible for organizing the mediation of land disputes in their localities; in the process of implementing the Commission must coordinate with the Vietnam Fatherland Front and other communal organizations of the Front members, other social organizations. Mediation of land disputes in the commune's committee is made within a period not exceeding 45 days from the date of receipt of the application for settlement of land disputes.

4. The mediation must be made in writing signed by the parties and can confirm successful mediation or conciliation fails the commune-level People's Committees. Minutes of the mediation was sent to the parties to the dispute, filed at the commune-level People's Committee where the land dispute.

5. In the case of conciliation that would change the status quo of the boundary, the land use, the commune-level People's Committees reports on reconciliation sent to Division of Natural Resources and Environment in the land dispute case between households, individuals and communities together; sent to the Department of Natural Resources and Environment in the other cases.

Division of Natural Resources and Environment, Department of Natural Resources and Environment Committee of the same level people decide to recognize the changing boundaries of the parcel of land and issuance of new certificates of land use rights, ownership of housing and property attached to the land. "

Such land disputes for the right to have reconciliation, negotiate agreements with each other to solve, if mediation fails, conduct mediation procedures at the People's Committee of the commune where land disputes.

2. Authority to resolve land disputes

Article 203 of the Land Law 2013 provides for jurisdiction to resolve land disputes as follows:

Land disputes were reconciled at the commune-level People's Committees that failed, shall be settled as follows:

1. Land disputes which the parties have certificates or have one of the documents stipulated in Article 100 of this law and disputes over assets attached to land, by the people's courts for settlement;

2. Land disputes which the parties have no certificate or without one of the documents stipulated in Article 100 of this Law, the applicant selected only one of the two forms of land disputes resolved under following provisions:

a) submission of applications for dispute resolution in the People's Committees of the competent authorities under the provisions of paragraph 3 of this Article;

b) initiate lawsuits at people's courts have jurisdiction under the provisions of the law on civil procedure;

3. Where the applicant dispute resolution option in the People's Committees of the competent authorities to resolve land disputes were carried out as follows:

a) In case of a dispute between families, individuals and communities together, the Chairman of the district People's Committee resolved; if they disagree with the decisions they may appeal to the presidents of the provincial People's Committee or initiate lawsuits at people's courts under the provisions of law on administrative proceedings;

b) In case of dispute, but a party to the dispute is held, religious institutions, the Vietnam residing abroad, foreign-invested enterprises abroad, the chairman of the provincial People's Committee resolved; if they disagree with the decisions they may appeal to the Minister of Natural Resources and Environment or initiate lawsuits at people's courts under the provisions of law on administrative proceedings;

4. Persons competent to resolve land disputes in paragraph 3 of this Article shall issue a decision resolving the dispute. Dispute settlement decisions have effect claimants must be strictly abiding. Where the parties fail to comply will be enforceable.

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