(PLO)- Many opinions agree with the proposal to hand over all land disputes to the court for settlement, while some think that the old regulations should be left as is.
On February 17, the Vietnam Fatherland Front Committee of Ho Chi Minh City held a conference to collect comments on the draft Land Law (amended).
At the conference, regarding the authority to settle land disputes, lawyer Nguyen Thanh Binh (Fatherland Front Committee of Tan Binh district) said that an administrative decision on land that people consider infringes upon the rights of the landowner. themselves, they make an administrative complaint. An administrative agency that issues a decision to settle a complaint without the consent of the land user has two methods, one is according to the complaint settlement procedure, and the other is to initiate a court action.
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Ms. Phan Kieu Thanh Huong (Vice Chairman of Vietnam Fatherland Front Committee in Ho Chi Minh City) chaired the conference. Photo: YC |
The same thing, but two forms of procedures, two agencies to deal with are very inadequate. If the administrative agency settles the complaint for the second time, the right to make further complaints will be exhausted when their interests may be infringed by the administrative agency.
Therefore, according to Mr. Binh, in order to agree on the method of settling land complaints, it should be assigned to the court for settlement, which can either set up a specialized court in the People’s Court or set up a state court agency (or real estate court). outside the People’s Court.
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Lawyer Nguyen Thanh Binh spoke at the conference. Photo: YC |
Ms. Nguyen Thi Bich Thuy (Chairman of Binh Thanh District Bar Association) also agreed when Article 225 of the draft stipulates the competence to settle land disputes, disputes over land and properties attached to land to be settled by courts. . However, Ms. Thuy suggested that other land-related disputes such as compensation disputes should also be assigned to the court for settlement.
On the contrary, Mr. Cap Chien Thang (Hoc Mon District Bar Association) believes that if the land dispute is handed over to the court, it will put all the pressure on the court, while the local management agencies know very well. who is using the land. If handed over to the court, the court will also ask the committee to turn over the entire file. Therefore, Mr. Thang suggested that undocumented land disputes should be handed over to the committee for settlement.
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Mr. Cap Chien Thang (Hoc Mon District Lawyers Association) at the conference. Photo: YC |
Sharing the same view with Mr. Thang, Ms. Ung Thi Xuan Huong (Vice President of the Ho Chi Minh City Bar Association) said that the current regulations should be kept as current regulations, i.e. a land dispute in which the involved party has a certificate or one of the legal documents. types of papers on land use rights and disputes over properties attached to land shall be settled by the People’s Courts; If the involved parties do not have certificates or papers for land disputes, the involved parties may choose to settle at the competent People’s Committees or initiate lawsuits at court.
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Conference scene. Photo: YC |
According to Ms. Huong, the reason for the proposal to stay the same is that this regulation will create more choices for people and at the same time reduce the burden on the court. On the other hand, the People’s Committee is the competent authority to issue the certificate, so for disputes where the involved parties do not have a certificate, following settling the dispute, the competent People’s Committee will be convenient in issuing the certificate. according to the resolution of the dispute.
Land Law Amendment: Should the court settle all land disputes?
(PLO)- Many opinions are concerned regarding the authority to settle land disputes in the draft Land Law (amended); From the perspective of the government, the jurisdiction to settle disputes is judicial, not administrative.
YEN CHAU
