1. Regulations you need to know when resolving land disputes

1.1. What is a land dispute?

According to Clause 24, Article 3 Land Law 2013 A land dispute is a dispute about the rights and obligations of land users between two or more parties in a land relationship.

1.2. Regulations on conciliation of land disputes

According to Article 202 Land Law 2013 Land dispute conciliation is prescribed as follows:

- The State encourages parties to land disputes to reconcile themselves or resolve land disputes through conciliation at the grassroots level.

- If the disputing parties cannot reconcile a land dispute, they should send an application to the commune-level People's Committee where the disputed land is located for conciliation.

- The Chairman of the Commune People's Committee is responsible for organizing conciliation of land disputes in his/her locality; During the implementation process, it is necessary to coordinate with the commune-level Vietnam Fatherland Front Committee and member organizations of the Front and other social organizations.

Procedures for conciliation of land disputes at the Commune-level People's Committee are carried out within no more than 45 days from the date of receipt of the request to resolve the land dispute.

- The conciliation must be recorded in minutes signed by the parties and confirmed by the commune-level People's Committee of successful or unsuccessful conciliation. The conciliation minutes are sent to the disputing parties and kept at the commune-level People's Committee where the disputed land is located.

- In case of successful conciliation with changes in the current status of boundaries and land users, the Commune People's Committee shall send a conciliation record to the Department of Natural Resources and Environment for land disputes between the parties. households, individuals, and communities together; sent to the Department of Natural Resources and Environment for other cases.

The Department of Natural Resources and Environment, Department of Natural Resources and Environment submits to the People's Committee at the same level a decision to recognize the change of land plot boundaries and issue a new Certificate of land use rights, housing and property ownership. another is attached to the land.

1.3. Authority to resolve land disputes

According to Article 203 Land Law 2013 Land disputes that have been conciliated at the commune-level People's Committee but are unsuccessful will be resolved as follows:

- Land disputes in which the litigant has a Certificate or one of the documents specified in Article 100 Land Law 2013 and disputes over assets attached to land are resolved by the People's Court;

- Land disputes where the litigant does not have a Certificate or does not have one of the documents specified in Article 100 Land Law 2013 The litigant can only choose one of two forms of land dispute resolution according to the following regulations:

+ Submit a request for dispute resolution to the competent People's Committee as prescribed in Clause 3, Article 203 Land Law 2013;

+ Initiate a lawsuit at a competent People's Court according to the provisions of civil procedure law;

- In case the litigant chooses to resolve the dispute at the competent People's Committee, the land dispute resolution will be carried out as follows:

+ In case of disputes between households, individuals, or communities, the Chairman of the District People's Committee shall resolve; If you do not agree with the settlement decision, you have the right to complain to the Chairman of the Provincial People's Committee or initiate a lawsuit at the People's Court according to the provisions of law on administrative procedures;

+ In case of a dispute in which one party is an organization, a religious establishment, a Vietnamese residing abroad, or a foreign-invested enterprise, the Chairman of the Provincial People's Committee shall resolve; If you do not agree with the settlement decision, you have the right to complain to the Minister of Natural Resources and Environment or initiate a lawsuit at the People's Court according to the provisions of law on administrative proceedings;

- Person with authority to resolve land disputes in Clause 3, Article 203 Land Law 2013 must make a decision to resolve the dispute. An enforceable dispute resolution decision must be strictly observed by the disputing parties. In case the parties do not comply, enforcement will be imposed.

2. Regulations you need to know when resolving housing disputes

According to Article 177 Housing Law 2014 Regulations on resolving housing disputes are as follows:

- The State encourages parties to resolve housing disputes through conciliation.

- Disputes over ownership and use rights of houses owned by organizations and individuals, disputes related to housing contracts and apartment management and operation contracts are resolved by the People's Court. according to regulations of the Law.

- Disputes over management and use of state-owned housing are resolved by the Provincial People's Committee for housing assigned to local management, and by the Ministry of Construction for housing assigned to local authorities. central management agency;

In case you disagree with the decision of the Provincial People's Committee or the Ministry of Construction, you have the right to sue at the People's Court according to the provisions of law on administrative proceedings.

- Disputes over funds for management and operation of apartment buildings, management and use of funds for maintenance of common ownership areas of apartment buildings shall be resolved by the People's Committee of the province where the house is located; If you disagree with the decision of the Provincial People's Committee, you have the right to sue at the People's Court according to the provisions of law on administrative proceedings.