Pursuant to Clause 2, Article 236 of the 2024 Land Law, the method of resolving land disputes that the dispute parties do not have a red book or without one of the papers specified in Article 137 of the Land Law 2024 as follows: Apply for a request for dispute resolution at the competent People's Committee as prescribed in Clause 3, Article 236 of the Land Law 2024.
- In case of dispute between households, individuals, and communities, the Chairman of the District People's Committee shall resolve the dispute.
In case of disagreement with the settlement decision, within 30 days from the date of receipt of the settlement decision of the Chairman of the District People's Committee, the disputing parties:
+ Have the right to file a lawsuit at the Court according to the provisions of the law on administrative proceedings or;
+ Complaint to the Chairman of the Provincial People's Committee.
- In case of a dispute in which one party is a religious organization, affiliated religious organization, person of Vietnamese origin residing abroad, or an economic organization with foreign investment capital, the Chairman of the Provincial People's Committee shall resolve the dispute.
In case of disagreement with the settlement decision, within 30 days from the date of receipt of the settlement decision of the Chairman of the Provincial People's Committee, the disputing parties:
+ Have the right to file a lawsuit at the Court according to the provisions of the law on administrative proceedings or;
+ Complaint to the Minister of Natural Resources and Environment.
Therefore, the People's Committee at the commune level does not have the authority to resolve land disputes.
Note: Land disputes in accordance with the law on land that have the involved parties or property overseas or need judicial entrustment to the representative agency of the Socialist Republic of Vietnam abroad, to the Court and competent authorities of foreign countries not under the jurisdiction of the district -level People's Court.
(According to Point a, Clause 1 and Clause 3, Article 35 of the 2015 Civil Procedure Code)
Thus, from the above provisions, it is not only the provincial People's Committee or the district -level People's Committee has the right to resolve cases of land disputes without red books that the disputed parties may sue at the competent court to settle in accordance with the 2015 Civil Procedure Code.
