Land Dispute Resolution

Recently, the thesis has boldly pointed out the advantages and limitations in the settlement of land disputes by the People's Committee and the People's Court. The thesis believes that it would be more reasonable and scientific if only the People's Committee had the authority to settle administrative complaints about land. The authority to settle land disputes should be left to an independent judicial agency. That is the People's Court. Only then can we ensure the implementation of the principle of objectivity, fairness and impartiality in the settlement of land disputes in the current market economy in our country.

The effectiveness and quality of land dispute resolution not only depend on the structure and organization of the competent dispute resolution agencies but also depend greatly on other factors such as: the capacity, professional qualifications, qualities and ethics of the team of judges and officials working on land dispute resolution; the effective management of public authorities; documents and papers proving the legality of land use by the parties; Land Use Right Certificates; other documents on land use... Unfortunately, in our country today, these factors are not yet complete, thus affecting the quality of land dispute resolution.

4. Building and perfecting a land dispute resolution regime (through practice in Hanoi) suitable to the conditions and characteristics of our country's economy is a process that requires being based on the following orientations:

- Unify the adjustment of laws on land use activities of all land users in society.

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- Based on the Party's economic development viewpoints in the land sector and the specific land ownership regime of our country. Land is owned by the entire people, with the State representing the owner and managing it in a unified manner; at the same time, attention is paid to social factors of land use such as traditions, customs, practices, etc. of each locality.

- Ensure that regulations on land dispute resolution are increasingly "closer" to the international legal system and practices.

In that direction, the thesis proposes some basic solutions to build and perfect the law on land dispute resolution in the coming time, including:

- Amend the provisions on land use rights transfer in the Civil Code to comply with the new provisions of the 2003 Land Law.

- Speed up the progress of granting land use right certificates, striving to complete the granting of land use right certificates to all land users nationwide by 2005.

- Urgently develop and promulgate decrees guiding the implementation of the 2003 Land Law, especially decrees on land prices and compensation for damages when the State reclaims land for national defense, security, national interests and public interests purposes, in order to create a legal basis for properly resolving land disputes related to these areas.

- Perfecting the system of agencies handling land disputes, regularly training and improving professional capacity, understanding of land law... for the team of officials working on handling land disputes.

- Complete land planning work: cadastral records, cadastral documents, land registration... to create necessary conditions to improve the effectiveness of land dispute resolution.

Building scientific arguments for the improvement of the law on land dispute resolution in the market economy is an urgent requirement, and at the same time, a very difficult and complicated task. It requires a research process, concentrating the intelligence of a large team of scientists in our country. Within the framework of a master's thesis in law, it is not possible to thoroughly resolve the requirements of the topic. This thesis only contributes a small voice to the process of improving the land law system in general and the law on land dispute resolution in particular in our country today.

References

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