What is settlement of real estate disputes via administrative procedures?
Settlement of real estate disputes via administrative procedures means that the involved parties choose to settle disputes at competent state administrative agencies, including People’s Committees at all levels or the Ministry of Natural Resources and Environment. This procedure is applied to disputes in which the concerned party does not possess any of the papers on land use rights and choose settle real estate disputes at the People’s Committees.
The order to settle real estate disputes via administrative procedures.
- First of all, whether settleting real estate disputes via court proceedings or administrative procedures, conciliation at the commune-level People’s Committee is still compulsory. The Land Law 2013 specifies that The State encourage the disputing parties to conciliate themselves or have their real estate disputes settled through grassroots conciliation. In case the self-reconciliation fails, the parties may send a petition to the commune-level People’s Committee of the locality where the disputed real estate is located, for reconciliation.
- Pursuant to Article 202 of the Land Law 2013 and Clause 1 Article 88 of Decree No.43/2014/ND-CP, Commune-level People’s Committee chairpersons shall organize conciliation of real estate disputes in their localities. This council shall be composed of:
– The chairperson or a deputy chairperson of the People’s Committee as its head;
– A representative of the Fatherland Front Committee of the commune, ward or township;
– The head of the street quarter, for urban areas; the head of the village, for rural areas;
– A representative of households that have lived for a long time in the commune, ward or township and know well about the origin and use process of the disputed land parcel;
– And the cadastral and justice officers of the commune, ward or township.
On a case-by-case basis, representatives of the Farmers’ Association, Women’s Union, Veterans’ Association and Ho Chi Minh Communist Youth Union may be invited; …
- The conciliation procedures carried out at the commune-level People’s Committees shall be completed within 45 days from the date the commune-level People’s Committees receive a petition for settlement of real estate
- If the conciliation at a commune-level People’s Committee fails and the concerned parties do not file a lawsuit with a competent People’s Court in accordance with the law on civil procedures, the settlement is as follows:
+ In case the dispute occurs among households, individuals and communities, the chairperson of the district-level People Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the chairperson of the provincial-level People’s Committee or to file a lawsuit at a People’s Court in accordance with the law on administrative procedures;
+ In case the dispute involves one party being an organization, a religious institution, an overseas Vietnamese or a foreign-invested enterprise, the chairperson of the provincial-level People’s Committee is responsible for the settlement. If the concerned parties disagree with the settlement decision, they are entitled to lodge a complaint with the Minister of Natural Resources and Environment or to file a lawsuit with a People’s Court in accordance with the law on administrative procedures.
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