NUMBER OF LAND USE RIGHTS DISPUTES ACCEPTED AND RESOLVED IN 2010 AT PROVINCIAL AND DISTRICT LEVELS
TYPE OF CASE
LAND USE RIGHTS
Number of cases to be solved | NUMBER OF CASES SOLVED | NUMBER OF REMAINING CASES | PLAINTIFF CHARACTERISTICS | DEFENDANT CHARACTERISTICS | |||||||||||
Old remaining | Newly accepted | Total | Transfer case files | Suspend | Recognition of agree | Trial or handle | Total | Total | Overdue | Suspended | Organizing agency | Individual | Organizing agency | Individual | |
1. Legal disputes conversion | 372 | 531 | 903 | 15 | 118 | 28 | 247 | 408 | 495 | 52 | 91 | 18 | 574 | 11 | 571 |
2. Legal disputes transfer contract | 1855 | 3437 | 5292 | 123 | 594 | 674 | 1098 | 2489 | 2803 | 321 | 378 | 29 | 4463 | 15 | 4524 |
3. Legal disputes co-lease | 111 | 217 | 328 | 5 | 32 | 48 | 76 | 161 | 167 | 6 | 16 | 12 | 198 | 4 | 251 |
4. Legal disputes co-mortgage | 152 | 357 | 509 | 1 | 21 | 71 | 142 | 235 | 274 | 34 | 25 | 2 | 746 | 4 | 745 |
5. Dispute over inheritance plan | 452 | 648 | 1100 | 17 | 62 | 53 | 240 | 372 | 728 | 53 | 74 | 871 | 872 | ||
- For agricultural land for growing annual crops, aquaculture seafood | 172 | 124 | 296 | 5 | 28 | 26 | 107 | 166 | 130 | 6 | 20 | 3 | 165 | 171 | |
- For agricultural land for growing perennial crops, agricultural land forestry, residential land | 182 | 207 | 389 | 1 | 36 | 26 | 162 | 225 | 164 | 2 | 34 | 365 | 356 | ||
6. Claiming land for loan, to use, to encroach | 3533 | 5027 | 8560 | 101 | 1146 | 480 | 1754 | 3481 | 5079 | 632 | 1181 | 90 | 7016 | 54 | 7272 |
Add | 6829 | 10548 | 17377 | 268 | 2037 | 1406 | 3826 | 7537 | 9840 | 1106 | 1819 | 154 | 14398 | 88 | 14762 |
Maybe you are interested!
-
Perspectives on Improving the Quality of Law Application in Resolving Land Use Rights Disputes at the People's Court -
Quality of Law Application in Resolving Land Use Disputes at People's Courts -
Applying the law in resolving land use disputes at the People's Court - 9 -
Applying the law in resolving land use disputes at the People's Court - 14 -
Improving the quality of law enforcement in resolving land use disputes at the People's Court in our country today - 1
NUMBER OF LAND USE RIGHTS DISPUTES ACCEPTED AND RESOLVED IN 2011 AT PROVINCIAL AND DISTRICT LEVELS
TYPE OF LAND USE RIGHTS CASE
Number of cases to be solved | NUMBER OF CASES SOLVED | NUMBER OF REMAINING CASES | PLAINTIFF CHARACTERISTICS | DEFENDANT CHARACTERISTICS | |||||||||||
Old remaining | Newly accepted | Total | Transfer case files | Suspend | Recognition of agree | Trial or handle | Total | Total | Overdue | Suspended | Organizing agency | Individual | Organizing agency | Individual | |
1. Contract disputes convert | 367 | 757 | 1124 | 18 | 213 | 135 | 353 | 721 | 403 | 15 | 137 | 1 | 1095 | 8 | 1038 |
2. Contract disputes transfer | 2038 | 4455 | 6493 | 135 | 1092 | 904 | 1835 | 3966 | 2527 | 123 | 1028 | 14 | 6553 | 16 | 6666 |
3. Contract disputes rent | 127 | 285 | 412 | 6 | 56 | 58 | 137 | 257 | 155 | 4 | 43 | 20 | 434 | 2 | 452 |
4. Contract disputes mortgage | 223 | 326 | 549 | 13 | 69 | 72 | 221 | 375 | 174 | 17 | 72 | 8 | 721 | 1 | 740 |
5. Inheritance disputes | 566 | 762 | 1328 | 21 | 177 | 121 | 430 | 749 | 579 | 25 | 217 | 29 | 1350 | 13 | 1359 |
- For agricultural land for growing annual crops, aquaculture seafood | 119 | 168 | 287 | 7 | 47 | 37 | 108 | 199 | 88 | 1 | 41 | 264 | 265 | ||
- For agricultural land agricultural land for growing perennial crops, agricultural land for growing forests, residential land | 123 | 124 | 247 | 2 | 30 | 29 | 106 | 167 | 80 | 29 | 13 | 321 | 323 | ||
6. Claiming land for lending, for use, encroachment occupy | 3790 | 6009 | 9799 | 179 | 1582 | 850 | 2680 | 5291 | 4508 | 260 | 2176 | 47 | 9589 | 50 | 9660 |
7. Land use rights disputes | 306 | 1026 | 1332 | 20 | 214 | 118 | 474 | 826 | 506 | 15 | 256 | 5 | 1558 | 5 | 1543 |
Add | 7659 | 13912 | 21571 | 401 | 3480 | 2324 | 6346 | 12551 | 9020 | 460 | 3999 | 137 | 21885 | 95 | 22046 |
From the reality of resolving land use dispute cases at people's courts, it shows that the quality of law application has the following advantages and limitations.
2.2.1. Advantages of ensuring the quality of law enforcement in resolving land use disputes at the People's Court
- The application of law in resolving land use disputes at the People's Court in our country in recent times has achieved great achievements in protecting the rights and interests of citizens in all areas of social life. Although the number of civil cases that the Courts have to handle has increased, due to a firm grasp and proper implementation of the provisions of the law, especially the Civil Procedure Code, the Civil Code, the Land Law, etc. and legal documents guiding the implementation of these laws, the Courts have continuously improved the quality of case file construction, clarified the requests of the litigants in the case, strengthened coordination with relevant agencies, and implemented the motto of persistently conciliating in accordance with the law in the process of resolving civil cases, helping to resolve cases quickly and thoroughly, contributing to resolving conflicts among the people, maintaining and strengthening solidarity in each family and community. In 2012, the total number of civil cases resolved by the Court sector, the successful mediation rate reached 50%. The resolution of civil cases in general was carried out in accordance with the provisions of law, basically ensuring the legitimate rights and interests of the parties [17].
- The application of law and the policy for resolving disputes on land use rights have been consistent among the Courts. The development of law and guidance on the application of law have also achieved encouraging results, contributing to the improvement of the legal system, creating a basis for the law to be increasingly perfected.
better, effectively serving professional work. Draft Laws are carefully prepared, timely, on schedule, ensuring quality. The issuance of Joint Circulars and Resolutions of the Council of Judges has contributed to removing obstacles in the process of law enforcement, thereby improving the quality of adjudication work for the adjudication work of the People's Court sector in general and the settlement of land use dispute cases in particular. Compared with the criteria for assessing adjudication quality, the advantages of the Court sector in recent years have created good impressions in social life. Model trials with public and democratic debates, " reasonable " and convincing verdicts have entered people's lives, creating belief in socialist justice, in reason and social fairness. The adjudication work of Judges has gradually been recognized by society as a noble and honorable profession. The People's Court in our country is truly a reliable address for the masses in protecting their legitimate rights and interests according to the provisions of law.
- The application of law in resolving land use disputes at the People's Court in recent times has shown that the team of Judges has increasingly developed in quantity and quality, gradually meeting the requirements and tasks in each revolutionary stage. The study of records, consideration and evaluation of evidence, organization of court sessions, selection and correct application of legal norms and issuance of legal judgments and decisions have been increasingly improved to meet the tasks in the new situation. With the advantages achieved in the adjudication work in recent times, the People's Court sector of our country has all the necessary conditions to increasingly better perform the functions and tasks assigned by the Constitution and laws, deserving to become the central agency of judicial activities in building a State.
socialist rule of law of the people, by the people and for the people. Through trial, the People's Court educates the law to litigants and others.
2.2.2. Limitations in ensuring the quality of law enforcement when resolving land use disputes at the People's Court
a. Limitations on ensuring the quality of application of procedural law
- First, regarding the division of jurisdiction between the Court and the administrative agency: The Civil Procedure Code stipulates the jurisdiction of the Court according to the type of case and territorial jurisdiction. Regarding jurisdiction over cases, the 2004 Civil Procedure Code, amended and supplemented in 2011, is divided into civil, commercial, and family disputes. Regarding territorial jurisdiction, the Civil Procedure Code is divided into jurisdiction according to the defendant's place of residence, jurisdiction according to the place of real estate, etc. However, when determining territorial jurisdiction, the Civil Procedure Code prioritizes determining jurisdiction according to the place of land use rights (real estate) before jurisdiction according to the defendant's place of residence [8, Article 35].
In practice, when there are many disputed legal relationships in the same case (each disputed legal relationship has its jurisdiction determined differently for each case), the territorial jurisdiction of the Court is determined according to the main disputed legal relationship. For example, if it is a disputed legal relationship regarding marriage and family, a credit contract, whether the husband and wife have a dispute over common property, which is the right to use land, or the parties have a dispute over a mortgage contract for the right to use land (guaranteeing the credit contract), the Court's jurisdiction is still determined according to the defendant's place of residence or the place where the credit contract is signed and performed, not the place where the right to use land (real estate) is located.
- Second, the same type of legal relationship disputes about transactions related to land use rights, but depending on the request of the parties, there may be
When the case is under the jurisdiction of the Court, sometimes the case is under the jurisdiction of the People's Committee. According to the provisions of the Civil Code, the provisions on civil contracts belong to Part Three - Civil obligations, civil contracts; transactions related to land use rights belong to Part Five - Regulations on transfer of land use rights. Meanwhile, the provisions on civil transactions belong to Part One - General provisions. Therefore, in principle, the provisions on civil contracts and transactions on land use rights cannot be applied to each other, but they can only be applied to the provisions on civil transactions. Therefore, when the parties establish a transaction on land use rights, have not been granted the right to use, and there is a dispute, the determination of the jurisdiction of the Court or the administrative agency depends on the request of the plaintiff. If the plaintiff requests a declaration of the contract as invalid, the case falls under the jurisdiction of the Court because they are governed by the provisions of Part Three - Civil obligations, civil contracts and Part One - General provisions (which provides for invalid civil transactions). If the party requests to continue performing the contract, the jurisdiction falls under the administrative agency, not the Court, because then the provisions of Part Five - Provisions on the transfer of land use rights and the provisions of the Land Law are applied to resolve the matter.
For example, in Judgment No. 56/2011/DSPT, dated March 29, 2011 of the Hanoi People's Court, which tried the case of claiming land use rights and compensation for property on land between the plaintiff: Ms. Nguyen Thi Thoa and the defendant: Mr. Nguyen Van Bien, according to the appeal procedure, the first instance judgment was annulled and the case was suspended because according to the provisions of Clause 2, Article 136 of the 2003 Land Law, the authority to resolve disputes belongs to the People's Committee.
Thus, the determination of jurisdiction between the Court and the People's Committee based solely on the land having one of the types of documents prescribed by the Land Law is not in accordance with the provisions of the Civil Code. In addition, according to the provisions
According to the Civil Procedure Code, the Court has jurisdiction to resolve disputes over civil contracts and disputes over land use rights and assets attached to land in accordance with the provisions of the law on land.
- In addition, procedural limitations are also reflected in the Court's failure to fully apply the provisions of the Civil Procedure Code to determine the authenticity of the evidence presented by the litigants during the case settlement process. Although it has been noted in previous experience-summarizing conferences, up to now, in some case files, the documents and evidence presented by the litigants are only photocopies, while these documents and evidence are very important and have a decisive meaning in the settlement of the case, such as: loan papers, certificates of outstanding debt, wills, land use rights transfer contracts, etc., but these photocopies do not have the confirmation of the competent authority that they are true copies of the original...
- The recipient of the document does not sign to confirm (compared with the original when receiving the document) or the recipient of the document signs but does not clearly state the title, full name, does not make a record of the delivery of evidence... making it difficult to review and evaluate the evidence, determine the way to handle the case and does not ensure compliance with the provisions of law. There are cases where documents and evidence are clearly corrected or erased and the litigant requests the Court for an appraisal and agrees to pay the appraisal fee, but the Court does not allow the appraisal to be conducted, leading to the litigant complaining about the judgment after the appeal trial and continuing to request an appraisal, so the judgment has been protested. In cases where the litigant requests an appraisal and has been explained by the Court but the litigant still does not pay the appraisal fee, the Court must make a record to keep in the file.
- There are some cases where the plaintiff or defendant has died during the litigation process and they have an heir to their litigation rights and obligations, but the Court still determines that the deceased person is the plaintiff or defendant, which is incorrect. In
In this case, it is necessary to clearly state that the plaintiff: Nguyen Van A has died and Nguyen Van X is the heir to the rights and obligations of the litigation. Incorrectly applying the provisions of the law on procedures for resolving civil cases and the law on procedures for resolving administrative cases, the Administrative Court of First Instance accepted the case of a dispute over land use rights but was annulled by the Administrative Court of Appeal and transferred the case to the Civil Court for trial. After the Civil Court tried the case at first instance, the Court of Appeal annulled the judgment and transferred the case to the Administrative Court for trial, causing the case to be transferred back and forth from the Civil Court to the Administrative Court and vice versa, prolonging the settlement, causing difficulties for the parties.
- Due to not carefully studying the case file, there are some cases where the Court omits the person with related rights and obligations during the trial. On the contrary, there are also some cases where the Court of Appeal overturns the first instance judgment on the grounds that it is necessary to include the person with related rights and obligations in the proceedings while these people do not have any rights or obligations related to the case. The determination of who has related rights and obligations in a civil case must be based on the provisions of the Civil Procedure Code. Although the person with related rights and obligations in the case is not the petitioner, the plaintiff, or the defendant, when resolving the civil case, they will be the person entitled to rights or having to perform civil obligations according to the Court's decision. Therefore, in this case, the Court must include them in the proceedings. For example, on August 30, 2011, the Hanoi People's Court heard the appeal of the case of dispute over land boundary use rights and compensation for non-contractual damages (Plaintiff: Mr. Phan Dang Lam and Defendant: Mr. Nguyen Doan Ket, Mr. Nguyen Doan Xuyen) by Judgment No. 163/2011/DSPT, annulling Judgment No. 05/12011/DSST, dated February 24, 2011 of the Court of First Instance because the Court of First Instance failed to include a litigant who had related rights and obligations.