SETTLEMENT PROCEDURES FOR
LAND DISPUTE WITH RED BOOK
Order and procedures for settlment of land disputes with red books.
1. Definition of land dispute and red book
- According to the provisions of Clause 24, Article 3 of the 2013 Land Law:
“Land dispute is a dispute over the rights and obligations of land users between two or more parties in a land relationship.”
- When the parties in the transaction, land use arise conflicting interests about rights and obligations, causing conflict will form a dispute. Resolving land disputes is usually through conciliation, civil lawsuits or administrative procedures.
- To determine the legal settlement procedure, you need to go through the existing land ownership papers.
- The red book is also one of the important documents affecting the jurisdiction and procedures for settling land disputes.
- Red book is a common word used by people to refer to a certificate of land use right. Pursuant to Clause 16, Article 3 of the 2013 Land Law, it can be understood:
"A certificate of land use rights and ownership of houses and other land-attached assets is a legal document for the State to certify land use rights and ownership of houses and other land-attached assets, lawful rights of persons with land use rights, house ownership rights and other land-attached property rights."
- The resolution of a land dispute with a red book will also have a different process and authority than the case where a land use right certificate cannot be presented.
2. Authority to settle land disputes with red books::
The authority to settle land disputes has a red book.
- Pursuant to Clause 1, Article 203 of the 2013 Land Law, the People's Court competent to settle land disputes has a red book or the involved parties possess papers proving the land use right based on the provisions of law in Article 100 of the Land Law 2013.
- Papers proving the land use right are equivalent to the Red Book, including:
“a) 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 Government of the Forestry Revolution and the Government of the Socialist Republic of Vietnam,the Provisional Revolutionary Government of the Republic of South Vietnam and the State of the Socialist Republic of Vietnam;
b) A temporary certificate of land use right granted by a competent state agency or named in the land register or cadastral book before October 15, 1993;
c) 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;
d) 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;
đ) Papers on liquidation and valuation of houses attached to residential land; documents for purchase of state-owned houses as prescribed by law;
e) Papers on land use rights granted to land users by a competent agency under the old regime;
g) Other papers established before October 15, 1993 based on the Government regulation.”
- If you are the plaintiff in a land dispute with a Red Book, after conducting self-mediation or unsuccessful conciliation at the commune-level People's Committee, you can initiate a lawsuit to the competent People's Court - where disputed land.
- On the contrary, for land disputes that do not have a red book or one of the above-mentioned papers, a lawsuit can be instituted at the Court or proposed to the competent People's Committee to settle according to administrative procedures. .
3. Order and procedures for settling land disputes with Red Book:
3.1 Dispute mediation at commune-level People's Committees:
- Before proceeding to settle land disputes with red books, the parties cannot skip the mediation stage. Currently, the State always encourages people to settle land disputes by self-mediation or through grassroots mediation procedures.
- Pursuant to Clause 2, Article 202 of the 2013 Land Law, when the parties to a dispute cannot conciliate at the grassroots, they will make an application to the People's Committee of the commune where the land is located to request conciliation.
- Note: The record of land dispute conciliation with the red book at the commune-level People's Committee will be the basis for your court to consider and settle the land dispute related to the determination of the owner of the land use right. If there is no record in the lawsuit file, the Court is entitled to refuse to settle the land dispute (according to Resolution 04/2017/NQ-HDTP).
3.2 Filing a lawsuit in court
- Step 1. Prepare documents to initiate a land dispute lawsuit
- You prepare 01 set of documents including:
- Application form for land dispute lawsuit.
- Papers proving land use rights such as: Red book or one of the papers specified in Article 100 of the 2013 Land Law.
- The minutes of unsuccessful mediation certified by the commune-level People's Committee and signed by the parties in the land dispute.
- Personal papers of the petitioner: ID/chip- based citizen card/Passport with expiry date; Registration book.
- Papers and documents proving the request for land dispute settlement have a red book. This is also an important basis for the Court to consider accepting your case.
- Place of submission: People's Court of the district where the disputed land is located.
- Filed directly at the Court;
- Send to the Court by post;
- Submit online via electronic form at the Portal of the People's Court (if any).
- Step 3. Court receives and settles down
- After receiving valid documents, the Court will consider accepting the settlement of land disputes with red books. If the dossier is not valid, the Court will issue a decision to request additional.
- Within 07 days from the date of receipt of the notice, the petitioner must pay the court fee advance at the tax office and return the receipt to the court, except for cases in which the court is exempted or is not required to pay such advance.
- The time limit for preparing for trial for a land dispute case with a red book is 04 months, a complicated case may be extended but not exceeding 02 months (according to Article 203 of the Civil Procedure Code 2015).
- During this period, the Court will organize conciliation, if the parties fail to conciliate, they will bring the case to first-instance trial, except for temporary suspension or suspension.
- After the first-instance judgment on land dispute settlement with a red book, the parties are entitled to appeal if they disagree with the judgment's ruling when there are substantiating grounds.
➤ Read more:
➤ Minimum land area to be met in the procedures for land parcel separation in Dong Nai.
➤ Principles of granting certificates of land use rights and house ownership and other land-attached assets.
➤ Cases in which land use right certificates are granted for the first time
➤ Issues related to when applying for a certificate of “land right” ownership.
- This article is what we want to share about the procedure for resolving land disputes with Red Book. If you still have problems or questions, dont hesitetate to contact us immediately via Hotline 1800 6365 to receive the fastest support and advice.
