Order and procedures for settlement of boundary disputes in 2022

PROCEDURES OF LAND BOUNDARY

DISPUTES SETTLEMENT IN 2022

Trình tự, thủ tục giải quyết tranh chấp ranh giới đất đai

Image1. Thinh Tri Law - Order and procedures for settling land boundary disputes.

Land parcel boundary dispute is a very common form of land dispute between adjacent land parcels. In order to resolve these types of disputes, the parties need to know the process and procedures for resolving land disputes below.

KEY CONTENT SUMMARY

1. The stage of conciliation of land disputes.

2. Initiate a lawsuit at the Court or request the competent People's Committee to settle the dispute.

3. Court fees for initiating a land dispute.

1. Stage of conciliation of land disputes:

Voluntary mediation parties:

According to Clause 1, Article 202 of the 2013 Land Law, the State encourages the parties to land disputes to conduct self-mediation or self-settlement through grassroots conciliation.
Thereby, when the parties have a land dispute, the parties can mediate themselves to resolve the dispute or the parties settle the dispute through a mediator according to the provisions of the grassroots conciliation law. If conciliation is successful, the dispute ends.
Compulsory mediation parties:
Pursuant to Clauses 2 and 3 of the 2013 Land Law stipulates: "

“2. Land disputes that the disputing parties cannot conciliate shall send an application to the commune-level People's Committee of the locality where the disputed land is located for conciliation.

3. Commune-level People's Committee presidents shall have to organize the conciliation of land disputes in their respective localities; in the course of implementation, the commitee must coordinate with the commune-level Vietnam Fatherland Front Committees, member organizations of the Front and other social organizations. Procedures for conciliation of land disputes at commune-level People's Committees shall be carried out within 45 days since receiving a written request for land dispute settlement.

When conducting conciliation at the People's Committee of the commune (commune, ward or township) where the disputed land occurs, the results are divided into two cases as follows:

Case 1: Successful conciliation will end the land dispute.

Case 2: Land conciliation failed.

Therefore, land disputes (land disputes in determining who will have land use rights. Thus, land disputes (disputes in determining who has land use rights) must proceed at the commune-level People's Committee where the disputed land is located. This is considered as a mandatory procedure because without the mediation at the commune-level People's Committee, the person requesting to settle the dispute will be returned the lawsuit petition or the district-level People's Committee. Provincial People's Committee will refuse to settle.
Note: For other disputes related to land use rights such as: Disputes about transactions related to land use rights, disputes related to inheritance of land use rights, related to the division of land use rights common property of husband and wife on land use rights, etc. These types of disputes are not required to be conciliated at the commune People's Committee.

2. File a lawsuit at the Court or request the competent People's Committee to settle the dispute:

Tư vấn giải quyết tranh chấp đất đai

Figure 2. Thinh Tri Law - Land dispute resolution consultancy.

According to Article 203 of the 2013 Land Law, land disputes that have been conciliated at commune-level People's Committees but failed, will be resolved as follows:
- Case 1: File a lawsuit at the competent People's Court where the disputed land is located if the involved parties have certificates (such as red books, pink books) or one of the papers specified in Article 100 of the Land Law 2013 and disputes over property attached to land.
- Case 2: If an involved party does not have a certificate or one of the papers specified in Article 100 of the 2013 Land Law, the involved party may only choose one of the following two forms of settlement:
To initiate a lawsuit at the competent People's Court of the locality where the disputed land is located in accordance with the law on civil procedure.
File a request for dispute settlement at the People's Committee of the competent level, specifically:
In a land dispute between households, individuals or communities, the chairperson of the district-level People's Committee (district, district, town, provincial city, city under central authority) competent to resolve.
If the disputing parties agree, the dispute will end, if the parties do not agree with the settlement decision, they have the right to complain to the Chairman of the People's Committee of the province (province or city level) or proceed with initiate lawsuits at People's Courts in accordance with the law on administrative procedures (administrative lawsuits).
Land disputes in which one of the disputing parties is an organization, a religious establishment, an overseas Vietnamese or a foreign-invested enterprise, the chairperson of the provincial People's Committee has the authority to settle the dispute. If the parties disagree with the settlement decision, the parties have the right to complain to the Minister of Natural Resources and Environment or initiate a lawsuit at a competent People's Court in accordance with the law on administrative procedures.
An effective decision on settlement of a land dispute must be strictly observed by the disputing parties. In case the parties fail to comply, they will be coerced to do so in accordance with the law.

3. First instance civil court fee for a land dispute

According to Clause 2, Article 27 of Resolution 326/2016/UBTVQH14, for disputes over property ownership and disputes over land use rights, the obligation to bear first-instance civil court fee is determined as follows:

Disputes related to property ownership and disputes over land use rights that a competent court does not consider the value, only considers property ownership and disputes over whose land use right is The involved parties must bear the first-instance civil court costs as in the case of the case without a quota (the court fee is 300,000 VND).
In a dispute over land use rights and property ownership in which a competent court must determine the value of the property or determine the ownership of land use rights in part, the involved parties shall bear civil court costs. the first instance trial, as in the case of the disputed case, has a value for the portion of the value that it is entitled to.

Conclusion: The land parcel boundary dispute is one of the common cases of land dispute (dispute over determining who has the right to use the land); If they want to settle a dispute, one or both parties must file an application for conciliation at the commune-level People's Committee of the locality where the land is located. competent people's court, provincial level to settle.

We hope this article will provide you useful information.

→ Read more:
➤ Causes of land disputes you need to know.
➤ Principles of granting certificates of land use rights and ownership of houses 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.