In case of disputed agricultural land, it is allowed to be cultivated
The law does not prohibit land users from continuing to cultivate on disputed agricultural land, unless there is a decision to apply temporary emergency measures by a court or other competent authority.
People who are using land can continue farming if they have a land use right certificate or other legal documents as prescribed by law.
In case of disputed agricultural land not allowed for cultivation
In case of an agricultural land dispute, the person initiating the lawsuit has the right to request the court to apply one or more temporary emergency measures.
Temporary measures related to land disputes:
- Marking of disputed assets.
- Prohibit transfer of property rights to disputed assets.
- Prohibition of changing the status of disputed assets.
- frozen assets of those under duty.
Therefore, if the court has issued a decision to apply temporary measures such as prohibiting changes to the status of the disputed assets, the land user is not allowed to cultivate.
Resolution of agricultural land dispute
According to Article 236 of the 2024 Land Law, the authority to resolve agricultural land disputes is determined as follows:
Case 1: The court resolves land disputes for the disputing parties with legal certificates or documents:
The court is the competent authority to resolve disputes if the parties to the land dispute have a land use right certificate or have legal documents as prescribed in Article 137 of the 2024 Land Law.
Case 2: No certificate or legal documents:
- The disputing parties submit a request for settlement to the People's Committee (UBND) at the competent level. For example, disputes between households, individuals, and communities will be resolved by the Chairman of the District People's Committee. Controversy over which one party is a religious organization or organization, a person of Vietnamese origin residing abroad, or an economic organization with foreign investment capital: resolved by the Chairman of the Provincial People's Committee.
- file a lawsuit in a competent court in accordance with the provisions of the law on civil proceedings.
Case 3: Dispute arising from commercial activities related to land
These disputes may be resolved by a court or a Vietnam Commercial Arbitration in accordance with the provisions of the law on commercial arbitration.
See more articles related to agricultural land HERE...
