Nowadays, transactions related to land-use rights and homeownership are very popular. Along with that, disputes arising from land-use rights and house ownership have also become complicated issues that are difficult for many people. According to the current law, the State encourages the parties to settle disputes by mediation.
In the scope of this article, Apra Law will provide information and answer the question “Is dispute about land use rights and house ownership required to mediate at the establishment?
Is a dispute about land use rights required to mediate at the establishment?
According to the provisions of Article 202 of the 2013 Land Law on the conciliation of land disputes, The State shall encourage the disputing parties to conciliate themselves or have the land disputes settled through grassroots conciliation.
In case the parties cannot reconcile by themselves, they shall send their written requests to the commune-level People’s Committee where the disputed land is located for reconciliation.
Article 203 of the 2013 Land Law stipulates the competence to settle land disputes, the disputes which have been unsuccessfully conciliated by the communal People’s Committee shall fall under the jurisdiction of the Court unless the parties choose the jurisdiction of the People’s Committees of competent levels as provided for in Clause 2, Article 203.
Pursuant to the provisions of the 2013 Land Law, all land disputes must be conciliated at the grassroots level.
However, Clause 2 Article 3 of Resolution 04/2017/NQ-HDTP stipulates: “For other disputes related to land use rights such as disputes over transactions related to land use rights, disputes over the inheritance of land use rights, division of common property of husband and wife is land use rights…The conciliation procedure at the People’s Committee of the commune, ward, or town where the disputed land is located is not a condition for initiating a lawsuit. ” In this case, grassroots mediation is not required and is not a condition for litigation. For the above cases, the parties can file a lawsuit at a court.
As such, not all disputes over land use rights are required through conciliation at the grassroots level.
Are home ownership disputes required to mediate at the establishment?
According to Article 177 of the Law on Housing 2014, which provides for housing disputes, the State encourages the parties to settle disputes by conciliation.
For disputes over the ownership or use rights of houses owned by organizations and individuals, disputes related to housing contracts, and condominium operation management contracts by People’s Courts resolved following the law in the Government’s Decree No. 99/2015/ND-CP dated October 20, 2015, detailing and guiding the implementation of some articles of the Law on Housing; Circular 02/2016/TT-BXD dated 15/2/2016 of the Ministry of Construction regulating the promulgation of regulations on management and use of apartment buildings.
Thus, house ownership disputes are not required to go through grassroots conciliation but will be under the jurisdiction of the Court.
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