According to lawyer Quach Thanh Luc – Director of the Law Firm, Hanoi Bar Association, if land is in dispute, the user is not allowed to exercise his or her rights to that plot of land. However, the concept of disputed land is not specifically legislated, with unclear factors, conditions, and criteria to determine what is a dispute.
Land law 2013 in Clause 24, Article 3 stipulates:Land dispute is a dispute about the rights and obligations of land users between two or more parties in land relations“. Second draft of the Law In 2023, this regulation will remain unchanged.
Analyzing this concept, we can come to the following conclusions:
Technically: ” Dispute is dispute” like “it” is “it”, it can be seen that there is no clarifying meaning to help readers understand significantly more about the semantics of the word land dispute.
About the connotation: The concept of land dispute as above is too general and the connotation is too broad to easily identify all conflicts. Disagreement of a subject in land relations is considered a dispute.
According to this concept, disputes and conflicts between parties in land relations that the subject only needs to argue out loud are considered “disputes about rights and obligations< em>”.
Regarding form: This concept does not clarify the formal element of the dispute, which is the competent authority. Whether or not there is a document restricting the rights of land users to be resolved or not.
A land dispute must be regulated with both content and form factors to ensure it is not disputed by land owners. can take advantage of illegal bad faith intervention in real estate transactions.
Pointing out the loopholes and difficulties is just opening up the problem. This is still really easy and does not have much value in the transformation of legal regulations. Lawyer Luc believes that in order to solve this problem, it is necessary in the law to clarify the concept of “land dispute” in a technically correct manner, with both content and form, and clear characteristics and conditions that can be determined. Disputed land determination.
Technically: On page 1628, the Great Vietnamese Dictionary, edited by author Nguyen Nhu Y, published by Ho Chi Minh City National University Publishing House, notes: “Dispute: 1 Fighting over something that doesn’t belong to which side… 2. Conflicting disagreements”. Based on this information, it can be clarified that “Dispute” is “inconsistency“.
Regarding content: It is necessary to clarify “land relations” according to That is, the direct object in the relationship must be land. This will eliminate land-related disputes such as inheritance contracts… It is necessary to narrow the concept of “land relations” to become the content of “land disputes “.
In terms of form: Divide into each specific field to clearly indicate the conditions that determine whether a land dispute has enough grounds to prevent real estate transactions.
Accordingly, in the field of civil proceedings, it is necessary that the court has issued a document applying the temporary emergency measure “Prohibition on transfer of property rights to the disputed property” .
In the field of Citizen Reception law, Complaint law, Land law, it is necessary to have a written decision to resolve the dispute.
In the criminal field, there is a document from the agency. Conduct proceedings to confirm that real estate is frozen evidence to ensure the resolution of criminal cases requesting prevention
In the field of judgment enforcement, there is a need for a written request to prevent transactions of enforcement agency.
Only when the conditions in both form and content are met can it be determined as a “land dispute” to become a basis for blocking real estate transactions.< /p>
Based on some of the above analysis, lawyer Luc proposed the concept of land dispute as follows: “Land dispute is a disagreement about rights and obligations between the subject with land use rights and the owner. other entities and have been accepted by the competent authority to resolve or have a written request to limit the rights of land users“.
If this can be done, I believe that will limit the situation of arbitrarily and easily blocking real estate transactions” lawyer Luc shared.
