With reference to dealing with land disputes, by this document, the Supreme Court provides instructions for dealing with the following 03 issues:
Firstly, although real property transactions become null and void, transferees have already granted certificates of the right to own home and use land, and have mortgaged their houses and their right to use land to banks.
Are these mortgage transactions invalid?
Secondly, according to terms and conditions of contracts for transfer, transformation, gifting and donation of the right to use land, competent regulatory authorities have issued certificates of the right to use such land to transferees or receivers of that right.
Then, when a dispute between parties involved arise, disputing parties and the Court judges agree that those contracts must be ineffective or cancelled upon request. In this case, does the Court have to apply Article 34 in the Civil Proceedings Code?
In particular, those authorities issuing certificates of the right to use land must be summoned to participate in civil proceedings as persons with relevant duties and interests to consider revoking these certificates.
Thirdly, in an administrative lawsuit, a family member files a case against an administrative decision on land expropriation issued by a regulatory authority to his/her family, does the Court need to summon other family members to engage in civil proceedings as persons with relevant duties and interests?
To see answers to queries, download the File above or read the Official Dispatch No. 64/TANDTC-PC of the Supreme People’s Court.
>> CLICK HERE TO READ THE ARTICLE IN VIETNAMESE
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