What Procedures for Conciliation and Settlement of Land Dispute?
Land disputes or real estate disputes or property disputes in Vietnam are among the most complicated disputes which arise regularly in daily life in Vietnam. Resolving these kinds of disputes might take time and the lawyers at real estate dispute law firms in Vietnam could help identify the root causes and propose suitable approach for conciliation and settlement.
What types of land disputes in Vietnam?
The disputes related to land, real estate and property are normally of high value and are very diverse which may be dispute over land use right, ownership of house attached to land use right, disputes over rights to land usage rights resulted from inheritance, disputes on division of property during divorce, disputes of transfer and transformation transaction, leasing, sub-leasing, mortgage relating to property or land use rights.
What are land dispute resolutions in Vietnam?
Land use right dispute means a dispute over the rights and obligations of land users among two or more parties in a land use right relationship.
In case of conflict over land, what should parties do to settle dispute? If negotiation or mediation work, that is great. What if the alternative dispute resolutions do not help? Hence land dispute can be settled at court or settlement procedures at state administrative agencies.
Firstly, for some type of land disputes, conciliation procedure at commune-level People’s Committee of the locality where the disputed land is located is mandatory condition and procedure.
In particular, if conciliation by parties cannot be achieved, the parties may send a petition for conciliation to the commune-level People’s Committee of the locality where the disputed land is located.
The conciliation procedure carried out at the commune-level People’s Committees shall be completed within 45 days from the date which the commune-level People’s Committees receives a petition for settlement of land dispute. The conciliation may take place only when all the disputing parties are present. If any of the disputing parties is absent for the second time, the conciliation shall be regarded as unsuccessful.
If the conciliation at a commune-level People’s Committee fails, land dispute shall be settled according to one of the following two cases.
If the land dispute in which the party possesses a certificate or any of the papers prescribed in Article 100 of Land law and the dispute over assets attached to land shall be settled by the People’s Court.
If the land dispute falls under cases which the party does not possess above papers, the parties may choose between the following two options of settlement: filing a written request for dispute settlement with a competent People’s Committee or filing a lawsuit with a competent People’s Court in accordance with the law on civil procedures.
For the later, when the party choose to settle at competent People’s Committee, the chairperson of the district-level People Committee is responsible for the settlement of disputes among households, individuals and communities. If the parties disagree with the settlement decision, they are entitled to claim with the chairperson of the provincial-level People’s Committee or to file a lawsuit at a People’s Court in accordance with the law on administrative procedures.
In case one party is an organization, a religious institution, an overseas Vietnamese or a foreign-invested enterprise, the chairperson of the provincial-level People’s Committee is responsible for the settlement. If the parties disagree with the settlement decision, they are entitled to file claim with the Minister of Natural Resources and Environment or to file a lawsuit with a People’s Court in accordance with the law on administrative procedures.
It should be noted that the legally effective decision on dispute settlement must be strictly abided by the parties. If the parties fail to comply, the decision shall be enforced.
The settlement of land disputes in which the disputing parties have no certificate or any of the papers prescribed in the Land Law and the Decree detailing a number of articles of the land law shall be based on the following grounds:
Evidences on the origin and use process of the land presented by the disputing parties;
Actual land areas currently used by the parties in addition to the disputed land area and the average land area per household member in the locality;
Conformity of the current use status of the disputed land with land use plans already approved by competent state agencies;
Preferential treatment policies toward persons with meritorious services to the State; Regulations on land allocation, land lease and land use rights recognition.
How lawyers at real estate dispute law firms in Vietnam could help?
In Vietnam, the people do not own land. Only land usage rights can be bought and sold. As said, disputes on land, property, real estate in Vietnam might be complicated due to the complexity of law and related regulations on land, the culture of land usage in Vietnam over the time.
Some types of land disputes must be reconciled at commune-level People’s Committee of the locality where the disputed land is located is mandatory condition and procedure. For other types of property and real estate disputes, the disputants could file the claim petition at court immediately. Understanding the difference of dispute resolution might be an issue. It is suggested to consult with lawyers at real estate dispute law firms in Vietnam for advice and representation at early stage for dispute avoidance or dispute resolution.
ANT Lawyers, a professional law firm in Vietnam will be available to assist the clients when required to handle dispute matters out of court, at court or through arbitration in Vietnam.
How ANT Lawyers Could Help Your Business?
You could learn more about ANT Lawyers Real Estate Practice or contact our dispute lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529