What is a land dispute? How many common types of land disputes are there nowadays? Why is it important to understand land disputes?
What is a land dispute?
Pursuant to the provisions of Clause 24, Article 3 of the Land Law 2013 of Vietnam on the concept of land dispute specifically as follows:
Interpretation of terms
In this Law, the terms below are construed as follows:
…
24. Land dispute means a dispute over the rights and obligations of land users among two or more parties in a land relationship.
According to that, land dispute means a dispute over the rights and obligations of land users among two or more parties in a land relationship.
As for the concept in the above article, the land dispute has a very wide scope. Specifically, a land dispute is a dispute over the rights and obligations of land users between two or more parties in social relations arising in the field of land.
In such a wide-ranging case, it will be difficult to apply the law, especially when suing for a land dispute.
Therefore, it is necessary to define land disputes with a narrower scope. Specifically, Clause 2 Article 3 of Resolution 04/2017/NQ-HDTP of Vietnam specifically provides that:
- For a dispute over who has the right to use the land but has not been conciliated at the People's Committee of the commune, ward or township where the disputed land is located according to the provisions of Article 202 of the 2013 Land Law, it shall be determined as: have not yet fully met the conditions to initiate lawsuits specified at Point b, Clause 1, Article 192 of the 2015 Civil Procedure Code.
- For other disputes related to land use rights such as: disputes over transactions related to land use rights, disputes over inheritance of land use rights, division of husband and wife's common property, which is land use rights, etc. then the conciliation procedure at the People's Committee of the commune, ward or township where the disputed land is located is not a condition for initiating a lawsuit.
What is a land dispute? How many common types of land disputes are there nowadays? Why is it important to understand land disputes? (Image from the internet)
How many types of land disputes are there nowadays?
Based on the concept of land disputes, it is possible to divide specific types of land disputes into the following cases:
Disputes over land use rights
- Disputes over land use rights are disputes between users about the boundaries between land areas. This type of dispute is usually caused by one party voluntarily changing the boundary or the two parties cannot determine the boundary, in some cases occupying the land area of another person.
- Disputes for reclaiming land: this is a form of dispute for reclaiming land, reclaiming assets attached to land with origins formerly owned by them or their relatives.
Disputes over rights and obligations arising in the course of land use
Disputes over rights and obligations arising in the course of land use are essentially civil contract disputes. This dispute can be a request to perform contractual obligations, recognize the validity of a contract, declare a civil transaction invalid, etc.
Another type of dispute that also falls into this category is a dispute over land use purposes.
Disputes related to land
- Disputes over land use rights when husband and wife divorce
- Disputes over the right to inherit land use rights and properties attached to land use rights
Why is it important to understand land disputes?
- Help people know the procedures when settling disputes
- When refusing to receive the application for issuance of the certificate of land use rights
As for the reason for refusing to receive the application for issuance of the certificate of land use rights, in Clause 11 Article 7 of Circular 33/2017/TT-BTNMT of Vietnam, when receiving a document from the agency competent to settle land disputes about the Upon receipt of an application for settlement of a dispute over land and land-attached assets, the receiving agency has the right to refuse to accept the application for a Certificate (certificate of land use rights, relevant certificates).
This provision has a specific impact on the following specific objects of land disputes:
+ For the applicant for a Certificate: When the petitioner submits a petition for a lawsuit over a land dispute or property on land at a court or a competent People's Committee, and this agency sends a written notice to the receiving agency. New applications are rejected.
+ For those who want to prevent other people from being granted the Certificate, they must send a petition to the Court or send a request to the People's Committee having the authority to settle the land dispute after unsuccessful conciliation at the People's Committee of the commune, ward or town where the land is.
- Can choose a form of settlement (not filing a lawsuit)
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