Conditions for Acceptance and Resolution of Land Dispute Cases in Ho Chi Minh City: What Documents are Required?
Conditions for Acceptance of Land Dispute Resolution in Ho Chi Minh City
Pursuant to the provisions of Article 4 of the Regulations issued with Decision 06/2018/QD-UBND as amended by Clause 3, Article 1 of Decision 20/2023/QD-UBND as follows:
Land disputes are accepted for resolution by state agencies when the following conditions are met
1. Individuals or organizations involved in land disputes must have evidence to prove:
a) Mediation procedures have been conducted but were unsuccessful;
b) The disputed land belongs to their land use rights or is directly related to their legitimate rights and interests when submitting a request for dispute resolution to the competent People's Committees;
c) There is evidence that their legitimate rights and interests are directly affected by the decision on land dispute resolution.
2. The person submitting the request for land dispute resolution must be fully legally competent according to the legal provisions.
3. The request for land dispute resolution must be made in a written request or a direct request to the competent state agency within the stipulated time (in the case of appeal against the first dispute resolution decision).
4. The request for land dispute resolution has not been accepted by the court for resolution.
5. The land dispute request form must clearly state the date, month, year of application, full name, date, month, year of birth, gender of the person named in the application; identity card number or citizen identity number, place of issue, date, month, year, issuing authority, residence address of the person named in the application; content, reasons for dispute, and the applicant's requests. The application must be signed or fingerprinted by the disputant.
6. The person requesting the land dispute resolution submits 01 dossier (certified copy or a copy with the original for comparison) to the competent state agency for resolution, including:
a) Request for land dispute resolution or record of request for dispute resolution;
b) Mediation report of the communal People's Committee;
c) First dispute resolution decision (in case of submitting an appeal against the first dispute resolution decision);
d) Current status drawing of the house land, construction works, cadastral records related to the disputed land (if any);
e) Proof of financial obligation performance (if any);
f) Other documents related to the dispute (if any).
Thus, land disputes in Ho Chi Minh City are accepted for resolution by state agencies when the above conditions are met.
Conditions for Acceptance of Land Dispute Resolution in Ho Chi Minh City. What does the dossier for land dispute resolution in Ho Chi Minh City include? (Image from the Internet)
What does the dossier for land dispute resolution in Ho Chi Minh City include?
Pursuant to Decision 06/2018/QD-UBND regarding the resolution of land disputes and enforcement of land dispute resolution decisions applicable in Ho Chi Minh City.
According to Clause 6, Article 4 of the Regulations issued with Decision 06/2018/QD-UBND, the dossier for land dispute resolution in Ho Chi Minh City includes:
- Request for land dispute resolution or record of request for dispute resolution;
- Mediation report of the communal People's Committee;
- First dispute resolution decision (in case of submitting an appeal against the first dispute resolution decision);
- Current status drawing of the house land, construction works, cadastral records related to the disputed land (if any);
- Proof of financial obligation performance (if any).
- Other documents related to the dispute (if any).
The person requesting land dispute resolution submits 01 dossier (certified copy or a copy with the original for comparison) to the competent state agency.
What are the bases for resolving land disputes in Ho Chi Minh City?
The bases for resolving land disputes in Ho Chi Minh City are specified in Article 8 of the Regulations issued with Decision 06/2018/QD-UBND as follows:
Bases for resolving land disputes
The resolution of disputes is based on the following grounds:
1. Evidence of the origin and process of land use provided by the disputing parties;
2. The actual land area used by the disputing parties outside the disputed area and the average land area per capita in the locality;
3. The compatibility of the current use status of the disputed parcel with the land planning and land use plans approved by the competent state agency;
4. State policies for preferential treatment of meritorious persons;
5. Legal provisions on land allocation, land lease, and recognition of land use rights.
Thus, the resolution of disputes in Ho Chi Minh City is based on the aforementioned 05 grounds.
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