HCMC People’s Committee has issued Decision No. 06/2018 / QD – regulations on resolving land disputes and enforce land disputes resolutions effective in the city.
Order and procedures for resolving land disputes
This Regulation prescribes the order and procedures for settling land disputes under the jurisdiction of state administrative agencies in cases where the disputing parties have no certificates or do not have one of the prescribed papers. in Article 100 of the Land Law in 2013 and Article 18 of the Government’s Decree No. 43/2014 / ND-CP of May 15, 2014 detailing the implementation of a number of articles of the Land Law; Regulations on the order and procedures for coercive implementation of decisions on land dispute settlement takes effect in Ho Chi Minh City.
On the competence to resolve land disputes: The district-level People’s Committee presidents resolve first the land disputes between households, individuals and population communities.
The chairman of the People’s Committee of the city resolves the land disputes that the chairman of the district-level People’s Committee has resolved the dispute for the first time but still disputes; To settle first-time disputes over land disputes, one of the disputing parties being organizations, religious establishments, overseas Vietnamese and foreign-invested enterprises.
Land disputes shall be handled by state agencies when the following conditions are met: – For individuals and organizations that dispute land, there must be grounds to prove that they have conducted the conciliation procedures but failed; the disputed land belongs to its own right or directly related to its legitimate rights and interests when submitting the request for settlement of the dispute to the People’s Committee at all levels; There are grounds to believe that legitimate rights and interests are directly affected by decisions on land dispute resolution. The petitioner solving the dispute must be a person with full civil act capacity as prescribed by law.
Requests for settlement of land disputes shall be made by means of a written request for resolution of land disputes or a request for settlement of land disputes directly to competent state agencies and within the prescribed time limit (for In case of filing a complaint about a first-time resolution of a dispute. Requests for settlement of land disputes have not yet been handled by the Court for settlement.
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Deadline for resolution of land dispute
The deadline for resolution of first-time land disputes by district-level People’s Committee presidents shall not exceed 55 days after the receipt of valid dossiers. The time limit for settling land disputes for the first time by the Chairman of the City People’s Committee shall not exceed 70 days from the date of receipt of a complete and valid file.
Decision 06 also states that the parties to the dispute are obliged to abide by the decision on settlement of land disputes which has come into force, and if they do not voluntarily execute it, they shall be forced to execute it and bear all expenses for organization of the coercion.
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