01 additional administrative procedure related to land under the authority of the People's Committee of Hanoi City

01 additional administrative procedure related to land under the authority of the People's Committee of Hanoi City (Internet image)

01 additional administrative procedure related to land under the authority of the People's Committee of Hanoi City

The content is mentioned in Decision 5553/QD-UBND in 2023, announcing the addition of the list of administrative land procedures in Hanoi City and amending the content announced in the Appendix enclosed with Decision 3974/QD-UBND.

Termination of the validity of Decision 4135/QD-UBND dated October 31, 2022, and Decision 2629/QD-UBND dated May 10, 2023, from the City People's Committee from October 31, 2023.

Assign the Department of Natural Resources and Environment to take the lead and coordinate with relevant units to review and establish the internal process for resolving administrative procedures announced in Decision 5553/QD-UBND, submitting it to the City People's Committee Chairman for approval as per regulations.

Specifically, the additional administrative land procedure announced under the City People's Committee's authority is:

Procedure for settling land disputes under the authority of the provincial People's Committee Chairman (Administrative Procedure File Number: 264187).

The procedure for settling land disputes under the authority of the district People's Committee Chairman (Administrative Procedure File Number: 264951) remains unchanged as per Decision 3974/QD-UBND.

What is a land dispute?

A land dispute is a dispute over the rights and obligations of land users between two or more parties in land relations.

Authority to settle land disputes

Land disputes that have been resolved by mediation at the commune-level People's Committee but failed are settled as follows:

1. Land disputes where the parties have a Land Use Right Certificate or one of the documents specified in Article 100 of this Law, and disputes over assets attached to the land, are settled by the People's Court;

2. Land disputes where the parties do not have a Land Use Right Certificate or do not have one of the documents specified in Article 100 of the 2013 Land Law are only resolved by choosing one of the following forms:

- Submit a request for dispute resolution to the competent People's Committee as specified in Clause 3;

- File a lawsuit at the competent People's Court as per the provisions of civil procedure law;

3. In cases where the parties choose to resolve the dispute at the competent People's Committee, settlement of the land dispute will be carried out as follows:

- For disputes between households, individuals, and communities, the district People's Committee Chairman resolves; if disagreeing with the resolution decision, they have the right to appeal to the provincial People's Committee Chairman or file a lawsuit at the People's Court as per the provisions of administrative procedure law;

- For disputes where one party is an organization, religious establishment, overseas Vietnamese, or foreign-invested enterprise, the provincial People's Committee Chairman resolves; if disagreeing with the resolution decision, they have the right to appeal to the Minister of Natural Resources and Environment or file a lawsuit at the People's Court as per the provisions of administrative procedure law;

4. The person authorized to resolve the land dispute in Clause 3 must issue a settlement decision. The effective resolution decision must be strictly followed by the disputing parties. In case of non-compliance, enforcement measures will be taken.

(Based on Article 203 of the 2013 Land Law)

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