How to settle disputes when the concerned parties do not posess a certificate of land use rights or proof papers? T2H Lawyers’s Lawyer specializes in Land Law would like to help you answer this question.
According to Clause 2, Article 203 of Land Law 2013, land dispute in which the concerned parties do not possess a certificate of land use rights or any of the papers prescribed in Article 100 of Land Law, the parties may choose between the following two options of settlement:
- Filing a written request for dispute settlement with a competent People’s Committee:
– The chairperson of District People’s Committee settles the dispute which occurs among households, individuals and communities.
– The chairperson of Provincial People’s Committee settles the dispute involves one party being an organization, a religious institution, an overseas Vietnamese or a foreign-invested enterprise.
- Filing a lawsuit with a competent People’s Court in accordance with the law on civil procedures.
Grounds for settlement of land disputes in case the disputing parties have no papers on land use rights:
Pursuant to Clause 1 Article 91 Decree No.43/2014/ND-CP Detailing a number of articles of the Land Law, the settlement of land disputes in which the disputing parties have no certificate or any of the papers prescribed in Article 100 of the Land Law and Article 18 of this Decree shall be based on the following grounds:
a/Evidences on the origin and use process of the land presented by the disputing parties;
– According to Civil Procedure Code 2015, disputing parties have the right and obligation to proactively collect and hand over evidence to the court and to prove that their requests are grounded and lawful. Evidence is any matter of fact which is used by the court as the basis for ascertaining objective details of the case
– According to evidences on the origin and use process of the land as well as testimonies from households or individuals who know about this matter, the chairperson of District or Provincial People’s Committees shall make a decision on settlement of land disputes or the People’s Court adopts a judgment identifying who has the land use rights.
b/ Actual land areas currently used by the parties in addition to the disputed land area and the average land area per household member in the locality;
c/ Conformity of the current use status of the disputed land parcel with land use master plans and plans already approved by competent state agencies;
d/ Preferential treatment policies toward persons with meritorious services to the State;
dd/ Regulations on land allocation, land lease and land use rights recognition.
In conclusion, settlement of land disputes in case having no papers on land use rights depends on evidences on the origin and use process of the land presented by the disputing parties, thus, whichever party wants to win the lawsuit must provide that evidence.
Contact T2H Lawyers for more information.
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