Procedures of iniciating the lawsuits on land use rights disputes are clearly instructed by Minh Khue Law Firm, right from determining the courts’ competent, document preparation, petition submitssion and participate in court proceedings as follows:
Step 1: Define the condition of iniciating a lawsuits and other conditions:
Minh Khue Law Firm gives consultancy on defining the competent courts under each lawsuit under the provisions of the Code of Civil Procedure, as follows:
- Define whether the case is one of the prescribed cases or not;
- Define whether the case is under the court’s competence or not/
The statute of limitations and condition of iniciating a lawsuits will be clarified by Lawyers’ Minh Khue Law Firrm under each specific case.
Step 2: Collect evidence and documents to iniciate a lawsuit:
Collecting evidence to define the conditions to iniciate the lawsuits on the land use rights disputes, prove the right to sue as well as to protect the rights and interests of the participants in the proceedings will be consulted by Minh Khue Law Firm under each specific case or incident.
Step 3: Prepare documents to iniciate a lawsuit:
Minh Khue Law Firm helps the plantiffs prepare the documents to to iniciate a lawsuit and submit to the Cours. The specific documents of land use rights disputes include:
- Certificates of land use right, or one of the documents stipulated in Land Law 2013 (and Land Law 2003);
- The documents on land use rights before October 15, 1993, which were granted by a competent agency in the process of implementing the land policy of the Democratic Republic State of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam or the Socialist Republic of Vietnam;
- Temporary certificates of land use rights granted by competent state agencies, or having their names recorded in the Land Register Book or Cadastral Book before October 15, 1993;
- Lawful papers on inheritance or donation of land use rights or land-attached assets, documents on hand-over of land-attached gratitude house or charity house;
- The document on the transfer of land use rights or purchase of residential land-attached houses before October 15, 1993, and such houses were certified as being used before October 15, 1993, by the commune-level People’s Committee;
- The document on liquidation of residential land-attached houses by the State or document on purchase of a state-owned house in accordance with law;
- A decision or a judgment of the People’s Court, a judgment enforcement decision of a judgment enforcement agency, or a decision of a competent state agency on settlement of land disputes.
- Other documents of a competent state agency (Decition of land grant, decision or a judgment of the People’s Court (In case of no land use rights certificate).
- Conciliation minutes at commune, ward
Step 4: File the documents of iniciating a lawsuit at court
Minh Khue Law Firm gives consultancy on regulations and procedures for filing a lawsuit on the disputes over land use right at courts, includes: Filing lawsuits at court or filing a lawsuit bu courier and advance payment of court fees.
Step 5: Minh Khue Law Firm conducts the necessary procedures after the court assumes jurisdiction
Minh Khue Law Firm gives consultancy service on: Conciliation in court; Autobiographies; Participation in sessions once the decision to bring the case to trial is available and other related issues.
Translated from: Dịch vụ luật sư tư vấn thủ tục khởi kiện vụ án tranh chấp đất đai
MINH KHUE LAW FIRM