I have a question as follows: I know about the authority to handle requests to return property ownership certificates, so the land use right certificate is not a valuable document, if requested by the Court. If the court decides to force the occupier to return these papers, the Court will not accept the settlement. However, according to the provisions of Clause 2, Article 4 of the 2015 Civil Procedure Code, "Courts may not refuse to settle civil cases because there is no applicable law". So, can the Court handle these cases? Thank you!
Article table of contents
What is the certificate of land use right with or without ownership of house and properties attached to land?
Pursuant to Clause 16 Article 3 of the 2013 Law on Land:
"Article 3. Interpretation of terms
…
16 The certificate of land use rights and ownership of houses and other land-attached assets is a legal certificate for the State to certify lawful land use rights and ownership of houses and other land-attached assets of persons with land use rights and ownership of houses and other land-attached assets."
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Can the court in Vietnam accept to settle civil cases in the absence of applicable laws?
Does the administrative lawsuit be filed against?
Pursuant to Section 1 Part I of Official Dispatch No.
Pursuant to Clause 1 and Clause 2 Article 3 of the 2015 Law on administrative procedures, administrative decisions against which administrative lawsuits are filed are specified as follows:
- Administrative decision means a document issued by a state administrative agency, an agency or organization assigned to manage state administrative operations or a competent person in that agency or organization issues a decision on a specific matter in administrative management activities to be applied once or several specific subjects.
- The litigated administrative decision is the decision stated in Clause 1 of this Article which arises, changes or terminates the lawful rights and interests of agencies, organizations or individuals or has contents that give rise to obligations affecting the lawful rights and interests of agencies, organizations or individuals.
Pursuant to the abovementioned regulations, the certificate of land use right shall be the administrative decision; if it falls within one of the cases prescribed in Clause 2 Article 3 of the Law on administrative procedures 2015, it shall be the subject of initiating administrative lawsuits.
Accordingly, the land use right certificate is an administrative decision which is not VND 160;" Therefore, the guidance provided in the Official Dispatch No. 160; 141/TANDTC-KHXX0;
Measures for protection of ownership rights and other rights to the assets as long as they are?
Pursuant to Article 164 of the 2015 Civil Code:
"Article 164.- Measures for protecting ownership rights and other property-related rights
1. An owner or holder of other property-related rights shall have the right to self-protect and prevent any person from infringing upon his/her rights by measures not contrary to the provisions of law.
2. An owner or holder of other property-related rights shall have the right to request a court or another competent authority to compel the person infringing upon their rights to return the property and terminate the acts of illegally obstructing the exercise of their ownership rights or other property-related rights, and to request compensation for any damage."
02/TANDTC-PC in 2021, if the court is requested to force the violator to return the land use right certificate or terminate the act of hindrance to exercise the land user's rights, the People's Court shall process the case in accordance with Clause 2 Article 26 of the 2015 Civil Procedure Code.
Khanh Linh
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