The People's Court System and the Role of the People's Court in Resolving Land Disputes in Vietnam Today

Land use right certificate or one of the documents specified in Clauses 1, 2, 5, Article 50 of the 2003 Land Law.[18]

The Chairman of the District People's Committee resolves disputes for the first time between households, individuals, and residential communities.

If the party disagrees, he/she has the right to submit a petition to the Chairman of the Provincial People's Committee. The decision of the Provincial People's Committee is final.

The Chairman of the District People's Committee resolves initial disputes between religious organizations, establishments, overseas Vietnamese, and between foreign organizations.

If the party disagrees, he/she has the right to submit a petition to the Ministry of Natural Resources and Environment. The decision of the Minister of Natural Resources and Environment is final.

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Land disputes related to administrative boundaries between administrative units are first resolved by the People's Committee of the level having the dispute. If no consensus is reached or the result of the resolution changes the administrative boundaries, the resolution authority is stipulated as follows:

Disputes related to administrative boundaries of administrative units below the provincial level are decided by the Government.

Disputes relating to administrative boundaries of provincial-level administrative units are decided by the National Assembly.

In addition, land disputes can be resolved by arbitration: the law does not prohibit the parties from agreeing to resolve disputes by arbitration. Arbitration is a non-governmental organization that only accepts to resolve disputes when the parties have a written agreement on the selection of an arbitrator.

Compared with dispute resolution methods by court, choosing dispute resolution by arbitration has some advantages.

The following points: the finality and effectiveness of the arbitration decision in resolving disputes ; arbitration is a confidential dispute resolution mechanism ; arbitration is a continuous dispute resolution mechanism; arbitration is a flexible, fast, and responsive dispute resolution mechanism for the parties . In addition, resolving disputes by arbitration also saves time and maintains harmony for the parties involved in the dispute. Although it is a commercial dispute resolution by arbitration - a non-governmental organization, it is supported and legally guaranteed by the court.

1.3. PEOPLE'S COURT SYSTEM AND THE ROLE OF PEOPLE'S COURT IN RESOLVING LAND DISPUTES IN VIETNAM TODAY

1.3.1. General overview of the current People's Court system in Vietnam

The People's Court (PC) is the judicial body of the Socialist Republic of Vietnam. The court adjudicates criminal, civil, marriage and family, labor, economic, administrative cases and resolves other matters as prescribed by law.

Within the scope of its functions, the court has the duty to protect the socialist legal system; protect the socialist regime and the people's right to mastery; protect the property of the state and the collective; protect the life, property, freedom, honor and dignity of citizens. Through its activities, the court contributes to educating citizens to be loyal to the Fatherland, strictly abide by the law, respect the rules of social life, and be aware of the fight to prevent and combat crimes and other violations of the law.

Currently, the court system in our country includes: Supreme People's Court;

People's Courts of provinces and centrally run cities;

People's Courts of districts, towns, cities under provinces;

Military courts (including central military courts; military courts of military regions and equivalent; regional military courts);

Other courts as prescribed by law.

In special situations, the National Assembly may decide to establish a special court.

As an agency in the judicial system, the court has special characteristics compared to other agencies in this system, which are:

- The court, the representative of judicial power, is different from the legislative and executive bodies in that it does not solve problems at the macro level, does not plan economic and social policies, but has the function of solving very specific problems, each situation, each specific event in social life.

The court mainly plays the role of a “power” apparatus because through judicial power the law affects social relations. This is the main means of resolving conflicts between legal relations.

- The court must have an independent position. When adjudicating, the court is responsible for correctly applying state law, not being bound by any influence, and other state agencies have no right to intervene. This principle does not mean that the court is isolated from other state agencies, because the court must still coordinate closely with other agencies to best ensure the legitimate rights of the people.

- Those working in the adjudication field must have a very high level of professional and legal expertise, and be capable of solving very complex problems such as identifying crimes and criminals and applying penalties, deciding disputes and events related to the rights and legitimate interests of citizens and organizations.

- Adjudication is a creative activity in applying the law, requiring high-level thinking from judges. They must deeply understand the massive system of current legal documents, including the laws of other countries when relevant and international law, and must have the capacity and experience to adjudicate.

- Trial activities are always limited by strict provisions of procedural law on evidence, time limits, and accuracy of judgments.

- In a socialist state of law, the position and role of the court are further affirmed. Because the court is the agency that enforces judicial power in the state apparatus and the enforcement of this power directly affects the goals and values of state building.

The court is the place that most deeply reflects the nature of the state and the justice of the regime, and at the same time demonstrates the quality of operations and prestige of the entire judicial system in the socialist rule of law state.

1.3.2. Jurisdiction of the People's Court system in resolving land disputes in Vietnam today

Jurisdiction by type of case

The basis of the legal determination of court jurisdiction

According to the Party's innovation viewpoint, the court has the authority to resolve civil, marriage, business, commercial, and labor cases under the provisions of civil procedure law.

Determining the court's jurisdiction according to the type of procedural procedure must be based on the nature of the type of substantive legal relationship that the court needs to resolve. In our country, relationships arising in the fields of civil, business, commerce, labor and family are, in principle, under the civil jurisdiction of the court according to civil procedural procedures.

Clause 7, Article 25 of the Civil Procedure Code[27] stipulates that disputes over land use rights and assets attached to land according to the provisions of the law on land are under the jurisdiction of the court to resolve according to civil proceedings.

According to the provisions of Clause 1, Article 136 of the 2003 Land Law[17], courts at all levels have the authority to resolve the following types of disputes:

Disputes over land use rights where the land has a land use rights certificate

In case of land use right disputes where the land has been granted a land use right certificate according to the 1987 Land Law; 1993 Land Law; and 2003 Land Law, the court shall resolve the case. In case of being granted a land ownership or land use right certificate before the 1987 Land Law, it shall fall under the case in Clause 1, Article 50 of the 2003 Land Law.[17]

Disputes over land use rights where the land has one of the documents specified in Clause 1, Article 50 of the 2003 Land Law.

For land use rights disputes where the land has one of the following documents, it is also under the jurisdiction of the court:

- Documents on land use rights before October 15, 1993 issued by competent authorities during the implementation of land policies of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam and the Socialist Republic of Vietnam.

- Temporary land use right certificate issued by a competent state agency or listed in the land and cadastral register.

- Legal documents on inheritance, donation of land use rights or assets attached to land, documents on handover of gratitude houses attached to land.

- Documents on transfer of land use rights, purchase and sale of houses attached to land before October 15, 1993, now confirmed by the People's Committee of the commune, ward or town to have been used before October 15, 1993.

- Documents on liquidation of housing prices attached to residential land according to the provisions of law.

- Documents issued by competent authorities of the old regime to the user.

Disputes over land use rights where the land has documents as prescribed in Clause 2, Article 50 of the 2003 Land Law.

Clause 2, Article 50 of the 2003 Land Law[17] stipulates: "Households and individuals who are using land and have one of the types of documents specified in Clause 1 of this Article, on which the name of another person is recorded, accompanied by documents on the transfer of land use rights with the signatures of the relevant parties, but before the effective date of this Law, have not yet carried out the procedures for transferring land use rights according to the provisions of law, and are now confirmed by the People's Committee of the commune, ward or town that the land is not in dispute, shall be granted a land use right certificate and shall not have to pay land use fees."

For disputes where the land has the following documents:

Land use rights disputes where the land has other documents including judgments or decisions of the People's Court, decisions to enforce judgments of enforcement agencies, and decisions to resolve disputes of competent state agencies that have been enforced.

When resolving disputes in which one party presents one of the documents stated in Clause 1, Clause 2, Article 50 of the 2003 Land Law [17], it is necessary to consider the nature of the matter. Therefore, not everyone whose name appears in those documents will have their land use rights recognized according to the documents they present. The court must consider each specific case, depending on the nature of the disputed legal relationship, to make an accurate decision.

Jurisdiction to resolve land disputes by court level

Basis for the determination of jurisdiction of courts at all levels

Determination of jurisdiction to try first instance cases of disputes

Land disputes between courts at all levels ensure that cases are resolved accurately and in accordance with the law. In Vietnam, the court system is organized according to administrative territorial units. Among the courts, only the District People's Court and the Provincial People's Court have the authority to hear first-instance land disputes. Therefore, the division of authority to hear first-instance land disputes between courts at all levels is carried out for the District People's Court and the Provincial People's Court.

The basis for the division of jurisdiction between court levels is the Party's guidelines and policies on judicial activities, the complexity of land disputes, the court organization system, the professional qualifications of court staff, material conditions, economic efficiency of land dispute resolution, etc.

Jurisdiction of People's Courts at all levels

According to the provisions of the 2004 Civil Procedure Code and the 2003 Land Law, land disputes that have one of the types of documents specified in Clauses 1, 2 and 5, Article 50 of the Land Law[17] will fall under the jurisdiction of the court. In principle, the District People's Court has the authority to resolve most land disputes at first instance, except for cases under the jurisdiction of the Provincial People's Court. For complex land disputes that require special conditions on the expertise and professionalism of the court as well as conditions on technical aspects, foreign judicial entrustment or cases where the resolution of the District People's Court does not ensure objectivity and impartiality, they will fall under the jurisdiction of the Provincial People's Court.

Land disputes without any of the valid documents as prescribed by law, according to the provisions of the 2003 Land Law, the land management agency will be responsible for mediation. The court's jurisdiction is

reflected in the settlement of the injured party's request for compensation for damages. In case the agreement on the level of compensation for damages fails, the parties have the right to file a lawsuit for compensation for damages at the People's Court (TAND) at the district level to be resolved according to civil procedure. In addition, if the time limit according to Clause 2, Article 135 of the 2003 Land Law [17] (from the date the People's Committee receives the application) expires and the People's Committee does not conduct conciliation or there are no conditions for conciliation (the defendant is not willing to be present or cannot be present...), the parties have the right to file a lawsuit in court. The time from the date the party submits the request for conciliation to the People's Committee until the lawsuit is filed in court is not counted in the statute of limitations for filing a lawsuit.

Territorial jurisdiction of the court to resolve land disputes

Basis of delimitation

In principle, the determination of the court's jurisdiction by territory is carried out on the basis of ensuring that the court's settlement of civil cases is quick and correct, ensuring the protection of the state and the interests of the parties, and avoiding overlap in the exercise of jurisdiction between courts of the same level. In addition, the determination of jurisdiction by territory also ensures the right of self-determination for the parties.

On the jurisdiction of the court where the real estate is located

According to Point c, Clause 1, Article 35 of the 2004 Civil Procedure Code [27], the court where the real estate is located has the authority to resolve disputes over real estate.

This regulation is based on the concept that the court where the real estate is located is the court with the best conditions for resolving disputes. Because all records and documents on real estate are held by the real estate management agency, this agency has a firm grasp of the status and origin of the real estate. Therefore, the court where the real estate is located has the conditions to verify and resolve the dispute in accordance with reality:

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