Procedures for settlement of land disputes falling under the competence of the Minister of Natural Resources and Environment in Vietnam

Procedures for settlement of land disputes falling under the competence of the Minister of Natural Resources and Environment in Vietnam
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What are the procedures for settlement of land disputes falling under the competence of the Minister of Natural Resources and Environment in Vietnam? - My Anh (Can Tho)

Procedures for settlement of land disputes falling under the competence of the Minister of Natural Resources and Environment in Vietnam

Procedures for settlement of land disputes falling under the competence of the Minister of Natural Resources and Environment in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for settlement of land disputes falling under the competence of the Minister of Natural Resources and Environment in Vietnam

Procedures for settlement of land disputes falling under the competence of the Minister of Natural Resources and Environment in Vietnam according to Article 90 of Decree 43/2014/ND-CP are as follows:

- A petition for settlement of a land dispute shall be filed with the Minister of Natural Resources and Environment.

- After receiving a petition for settlement of a land dispute, the Minister of Natural Resources and Environment shall assign a relevant unit to advise on the settlement. The assigned unit shall collect and study documents, organize conciliation among the disputing parties.

In case of necessity, it may propose the Minister of Natural Resources and Environment to decide to form a working team to verify the case in the locality; and shall complete the dossier and submit it to the Minister of Natural Resources and Environment for issuance of a decision on settlement of the land dispute.

- A dossier of settlement of a land dispute must comprise:

+ The petition for settlement of land dispute;

+ The minutes of working with the disputing parties and related organizations and individuals; minutes of the field inspection of the disputed land; and minutes of conciliation during the settlement of the dispute;

+ Extracts from the cadastral maps and records made in different periods related to the area of the disputed land and documents as evidence and proof in the process of settlement of the dispute in the locality;

+/The proposal report and draft decision on settlement of the dispute or draft decision on recognition of successful conciliation.

- The decision on settlement of the land dispute or recognition of successful conciliation shall be sent to the disputing parties and organizations and individuals with related rights and obligations.

2. Procedures for settlement of land disputes falling under the competence of chairpersons of district- or provincial-level People’s Committees in Vietnam

 Procedures for settlement of land disputes falling under the competence of chairpersons of district- or provincial-level People’s Committees in Vietnam according to Article 89 of Decree 43/2014/ND-CP are as follows:

- A petition for settlement of land disputes shall be filed with the competent-level People’s Committee.

- The chairperson of the competent-level People’s Committee shall assign its advisory agency to settle.

- The advisory agency shall verify the case, organize conciliation among the disputing parties, hold a meeting among related departments and sectors to advise on the settlement of the land dispute (if necessary), and complete the dossier of the case and submit it to the People’s Committee of the same level for the latter to issue a decision on settlement of the land dispute.

A dossier of settlement of a land dispute must comprise:

+ The petition for settlement of land dispute;

+ The minutes of conciliation at the commune-level People’s Committee; minutes of working with the disputing parties and related persons; minutes of the field inspection of the disputed land; minutes of the meeting with related departments and sectors to advise on the settlement of the land dispute, in case of unsuccessful conciliation; and minutes of conciliation during the settlement of the dispute;

+ Extracts from the cadastral maps and records made in different periods related to the area of the disputed land and documents as evidence and proof in the process of dispute settlement;

+ The proposal report and draft decision on settlement of the dispute or draft decision on recognition of successful conciliation.

- The chairperson of the competent-level People’s Committee shall issue the decision on settlement of the dispute or recognition of successful conciliation, and send it to the disputing parties and organizations and individuals with related rights and obligations.

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